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United States · Official source
1,469 records where Rep. Holtzman, Elizabeth [D-NY-16] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 1 December 1980
Disapproves the granting of permanent residence in the United States to a named individual pursuant to the Immigration and Nationality Act.
United States · United States Congress · 1 December 1980
Disapproves the granting of permanent residence in the United States to 50 named individuals pursuant to the Immigration and Nationality Act.
United States · United States Congress · 19 September 1980
Honors Raoul Wallenberg for his work in Hungary during World War II. Expresses the sense of Congress that the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe should urge the consideration of the Wallenberg case. Requests the State Department to discover the whereabouts of Raoul Wallenberg from the Soviet Union and secure his return to Sweden.
United States · United States Congress · 4 September 1980
Establishes the United States Holocaust Memorial Council which shall: (1) provide and encourage appropriate ways for the Nation to observe the Days of Remembrance to commemorate the holocaust; (2) plan, erect, and oversee the operation of a memorial museum to the victims of the holocaust; and (3) develop a plan for carrying out the recommendations of the report submitted to the President on September 27, 1979, by the President's Commission on the Holocaust. Authorizes the Council to receive public land in the District of Columbia on which it may erect the memorial. Terminates the Council's authority to construct a memorial if the erection of the memorial has not commenced within five years of enactment of this Act and sufficient funds to ensure completion of the memorial have not been certified to be available. Authorizes appropriations to carry out this Act.
United States · United States Congress · 21 August 1980
Expresses the sense of Congress that the President should convey congressional concern about the deprivation of the rights of Christians by the Soviet Union, particularly the Pentecostals living in the U.S. Embassy in Moscow. Directs the President to report to Congress on the prospects for religious freedom in the Soviet Union.
United States · United States Congress · 20 August 1980
Expresses the sense of Congress that: (1) the President should express to the Soviet Government U.S. concern for the fate of Raoul Wallenberg; and (2) the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe should urge the consideration of the Wallenberg case.
United States · United States Congress · 30 July 1980
Urges the President to instruct the U.S. Delegation to the Madrid Conference on Security and cooperation in Europe to request that: (1) the case of Raoul Wallenberg be placed on the agenda of the Conference; and (2) the Soviet Union be called upon to cooperate in an investigation to determine his whereabouts.
United States · United States Congress · 24 July 1980
Expresses the sense of the House of Representatives that the U.S. delegation to the Copenhagen conference on the United Nations Decade for Women should be encouraged to support resolutions relating to health, education, and employment. Declares that the U.S. delegation to the Conference should oppose any resolutions which do not relate directly to the goals of the Conference. Requires the U.S. delegation to report to Congress on the results of the conference.
United States · United States Congress · 17 June 1980
National Library Resources Sharing Act of 1980 - Amends the Library Services and Construction Act to permit grants to States under such Act to be used (along with other permissible uses) to make funds available to State library administrative agencies to develop long-range plans for library services of all types. Requires that 15 percent of amounts appropriated under such Act be made available for direct grants to existing regional and national cooperative networks of libraries. Requires that applications for such grants be approved by the Assistant Secretary for Library and Information Services, with the endorsement of at least one State library agency. Declares that nothing contained in the Communication Act of 1934 or in any other law shall be construed to prevent U. S. communications common carriers from rendering, subject to Federal Communications Commission regulation, free or reduced rate communications interconnection services for interconnection systems for nonprofit library and educational activities. Amends the Department of Education Organization Act to establish in the Department of Education: (1) a position of Assistant Secretary for Library and Information Services; and (2) an Office of Library and Information Services, to be administered by such Assistant Secretary. Directs the Secretary of Education to delegate to such Assistant Secretary all functions administered before the effective date of this Act by the Office of Libraries and Learning Resources of the Department of Health, Education, and Welfare, and other appropriate functions.
United States · United States Congress · 12 June 1980
Authorizes and requests the President to designate October 12 through October 19, 1980, as "Italian-American Heritage Week."
United States · United States Congress · 9 June 1980
Extends the congratulations of the Congress to the Order of the Sons of Italy in America for their 75th anniversary. Proclaims Sunday, June 22, 1980, as "National Italian-American Day."
United States · United States Congress · 4 June 1980
Extends the congratulations of the House of Representatives to the Order of the Sons of Italy in America for their 75th anniversary.
United States · United States Congress · 21 May 1980
Victims of Toxic and Hazardous Substances Emergency Relief Act of 1980 - Directs the Administrator of the Environmental Protection Agency: (1) to determine promptly, but in no event later than 15 days, whether toxic or hazardous wastes pose a serious and immediate threat to the public health or safety, whenever the Administrator receives evidence that such wastes may pose a threat to the public; and (2) to submit to the President a recommendation that a state of hazardous substances emergency be declared, if the Administrator determines that such wastes pose such threat. Authorizes the President, in the President's discretion and upon recommendation of the Administrator, to declare a state of hazardous substances emergency with such amendments and deletions to the Administrator's recommendations as the President sees fit. Directs the Administrator: (1) after such state of emergency has been declared, to forward recommendations for immediate actions to protect the public health and safety to the Director of the Federal Emergency Management Agency; and (2) thereafter, to act promptly to (a) determine the extent of the contamination of air, land, and water (including ground water), and (b) screen and test the population likely to have been exposed to such wastes in a manner or degree capable of causing physical injury (including any poisoning, burn, infection, chromosomal damage, or genetic defect); (c) study crops and livestock in the affected area and identify those unfit for human consumption; and (d) evaluate alternatives to prevent further damage to human life or health. Directs the Administrator to submit initial and supplemental reports and recommendations at specified times to the Director. Requires the Director, on the basis of such reports and recommendations and other relevant information, to undertake promptly, during the first 12 months following the declaration of a state of emergency, actions necessary to protect public health and safety, including: (1) immediate relocation of the physically injured or those in serious danger; (2) permanent closing of contaminated structures and property; (3) purchase, at prior fair market value, of homes closed; (4) medical treatment to reverse, treat, or prevent physical injury or reimbursement for such treatment; (5) compensatory payments for residents whose income is interrupted due to the toxic or hazardous wastes; and (6) commencement of a screening program for early detection of future physical injury resulting from exposure to such wastes. Subrogates the United States to the rights of any individual compensated under this Act, to the extent that such individual has a cause of action against a person who has disposed of a toxic or hazardous substance and such disposal has resulted in a state of hazardous substances emergency. Requires that the emergency state be terminated 12 months after it is declared or upon the President's declaration of termination. Authorizes appropriations to carry out this Act.
United States · United States Congress · 6 May 1980
Immigration and Nationality Act Amendments of 1980 - Amends the Immigration and Nationality Act to exclude from the definition of "immigrant" an alien (and accompanying spouse and children) having a foreign residence (with no intention of abandoning such residence) coming to the United States temporarily to study full-time at a vocational, language, or other nonacademic institution approved by the Attorney General. Redefines the definition of "child" to include: (1) an illegitimate child through whom, or on whose behalf, a status or benefit under such Act is sought by virtue of the relationship to its natural father; (2) a child adopted before the age of 16; and (3) an orphan under the age of 16. Excludes adultery from the determination of good moral character for the purposes of such Act. Limits the existing drug-related provision relating to good moral character to "trafficking in narcotics." Provides that aliens seeking admission within five years of the date of their deportation or removal shall be ineligible for admission into the United States (presently no time limit on excludability). Eliminates certain reporting requirements imposed on the Attorney General regarding his/her discretionary waiver of excludability. Includes drug offenses among the categories of excludability that may be waived in the case of alien children, spouses, or parents of U.S. citizens or permanent residents seeking admission as immigrants. Exempts specified aliens with medical specialties practicing in the United States as of January 9, 1977, from alien exclusion provisions. Revises re-entry permit provisions to authorize the issuance of such permit for a two-year nonrenewable period (presently one year with up to a one year discretionary extension). Revises alien deportation and maintenance expense provisions to: (1) provide that deportation shall be to the country from which the alien boarded the vessel or airplane that brought him to the United States; (2) provide that if such departure was from a foreign territory contiguous to the United States of which such alien was not a national or resident, then deportation shall be to the country from which such alien departed for such contiguous territory; (3) set forth guidelines for the Attorney General if a country is unwilling to accept a deportable alien; and (4) require such transportation lines to deposit a bond to cover any fine or disputed fine relating to deportation with a district director of customs (presently with a customs collector). Makes the existing mandatory waiver of fraudulent entry deportation provisions regarding alien spouses, children, or parents of United States citizens or permanent residents discretionary. Provides that such deportation waiver shall also operate with regard to improper entry documents directly resulting from such fraud. Eliminates certain reporting requirements imposed on the Attorney General regarding his/her discretionary waiver of deportation or adjustment of status. Provides, with regard to such cancelled deportation proceedings, that the reduction of available immigrant visas shall come from the overall permanent or conditional entry visa allotment rather than from the nonpreference immigrant allotment. Permits certain nonimmigrant exchange aliens to have deportation proceedings suspended and have their status adjusted to permanent resident. Revises the category of nonimmigrant aliens who cannot have their nonimmigrant classification changed in another nonimmigrant classification without first applying to the Attorney General for such change. Repeals alien change of address requirements concerning: (1) yearly current address notification; and (2) three-month notification of current address by temporary residents. Provides with regard to the smuggling of aliens into the United States that: (1) any conveyance, including vessels, vehicles, or aircraft used for such purposes (excluding common carriers not consenting to such act and stolen conveyances), shall be subject to seizure and forfeiture; (2) any conveyance may be seized without warrant if probable cause exists and circumstances exist where a warrant is not constitutionally required; (3) specified customs laws shall apply to such seizures; (4) seizures of vessels shall be subject to the Supplemental Rules of Certain Admiralty and Maritime Claims; (5) the Attorney General may retain for official use, sell, or require the General Services Administration to take custody of, any forfeited conveyance; and (6) in all forfeiture suits where the conveyance is claimed by any person the burden of proof shall be on such person, provided that probable cause for such forfeiture shall first be shown by the Government. Provides that the spouse and dependent unmarried children of an alien who qualifies for certain naturalization residence requirement exceptions shall also qualify for such exceptions for the period they resided abroad as members of such alien's household. Removes: (1) the requirement that two witnesses verify an individual's naturalization petition; and (2) certain affidavit and proof of residence requirements for such petition. Repeals the provisions requiring: (1) witnesses to be present at a final naturalization hearing; and (2) a 30 day waiting period between the filing of a petition and the issuance of a certificate of naturalization. Requires the clerk of a naturalization court to pay to the Attorney General one-half of all fees up to $40,000 (presently $6,000), and all fees in excess of such amount, in a fiscal year. Authorizes the Attorney General to admit for permanent residence certain aliens: (1) otherwise excludable for specified drug-related convictions; and (2) having immigrant visas, but excludable for other specified reasons, and who could not have been aware through reasonable diligence of such excludability before coming to the United States. Includes individuals who participated in Nazi-related World War II persecutions within the category of excludable aliens whom the Attorney General may not allow to depart voluntarily in lieu of a deportation proceeding. Prohibits the Attorney General from suspending the deportation and adjusting the status (to that of a lawful permanent resident) of such individuals. Removes the requirement that adopted children born outside the United States be adopted while under the age of 16 in order for certain automatic citizenship provisions to apply. Excludes specified classes of aliens present in the United States on or before June 1, 1978, from being counted against the annual total and country admission limitations.
United States · United States Congress · 28 April 1980
Expresses the condolences of the Congress over the death of members and officials of the United States Amateur Athletic Union boxing team in a plane crash in Warsaw, Poland.
United States · United States Congress · 23 April 1980
Handgun Crime Control Act of 1979 - Title I: Amendments to Chapter 44, Title 18, United States Code, Gun Control - Amends the Gun Control Act of 1968 to revise and add definitions used in the Act. Defines "handgun" to include handgun parts. Defines "Department" to mean the Department of Justice (current law is under the authority of the Secretary of the Treasury). Prohibits non-licensees from engaging in the business of repairing firearms or ammunition. Stipulates that certain otherwise lawful activities, such as the returning of a firearm by a licensee to the person from whom it was received and the mailing of a firearm to a licensee for the purpose or repair, shall be unlawful with respect to "easily concealable handguns" (that is, those handguns not approved by the Attorney General under this Act). Prohibits the loan or rental of an easily concealable handgun to another person for temporary use for lawful sporting purposes. Prohibits a licensee from selling a handgun to a person who does not appear in person at the licensee's business premises. Prohibits a licensee from selling or delivering a firearm or ammunition to any person if such sale or delivery violates a public ordinance at the place of residence of the purchaser. Revises the statement which must be submitted to a licensee by a purchaser not appearing at such licensee's business premises to provide that such purchaser be 18 years of age with respect to all firearms (current law requires a purchaser of any firearm other than a shotgun or rifle to be 21 years of age). Prohibits a licensee from manufacturing, assembling, selling, or transferring any handgun, other than a curio or relic, which has not been approved by the Attorney General. Prohibits any person from transferring such a handgun unless such person has reasonable cause to believe that the handgun has been approved. Excepts the mailing of handguns to comply with approved standards under certain circumstances. Prohibits the modification of an approved handgun resulting in the failure of such handgun to meet the approved standards. Revises the current prohibition against certain classes of individuals transporting a firearm or ammunition in interstate commerce to: (1) extend such prohibition to possession or receipt of any firearm or ammunition; and (2) include as additional categories illegal aliens, persons dishonorably discharged from the Armed Forces, and persons who have renounced their United States citizenship. Includes such categories in the current prohibition against selling a firearm or ammunition to certain classes of individuals. Prohibits any person from transporting a firearm or ammunition in interstate or foreign commerce in violation of a State law in a place to or through which the firearm was transported. Prohibits a licensee from transferring three or more handguns to the same non-licensee within a period of one year, without prior approval of the Attorney General. Prohibits a non-licensee from receiving three or more handguns within one year without such approval. Prohibits any person who has knowledge of the loss, theft, or disappearance of a handgun in his or her control or possession to fail to report such incident to a law enforcement officer and the Attorney General. Specifies the circumstances under which a person in lawful possession of a license or permit to: (1) carry handguns issued under a State licensing or permit granting program approved by the Attorney General may purchase or receive a handgun in any State from a licensed dealer or non-licensee; and (2) purchase handguns issued under an approved program, may purchase or receive a handgun in the State issuing the license or permit. Directs the Attorney General to review State laws providing for licenses or permits to carry or purchase handguns and to certify as approved those satisfying specified requirements. Specifies the circumstances under which (except as provided by other sections of the Act) a licensed dealer or non-licensee may transfer a handgun to another non-licensee. Sets new annual licensing fees of $5,000 for a manufacturer or importer of handguns, $500 for a dealer in handguns, $100 for a dealer in ammunition for handguns that is not also used in rifles, and $100 for a dealer who is a gunsmith. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition and such dealers from conducting business from the premises of a pawnbroker. Imposes additional requirements for the approval of a license application by the Attorney General. Increases from 45 to 90 days the period in which an application must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any provision of the Act to a civil penalty of up to $10,000 per violation. Sets forth new recordkeeping requirements for licensed importers, manufacturers, and dealers in handguns. Provides for the transfer of records where a licensee loses his or her license, transfers the business to another person, or in any way ceases doing business. Directs the Attorney General to appoint a 15-member Handgun Criteria Commission to develop criteria for the evaluation of handgun models according to frame size and other appropriate factors for determining whether such models are easily concealable, have potential for criminal use, or are particularly suitable for sporting purposes. Requires the Commission to submit a report containing such criteria within one year of enactment and to evaluate biannually the effectiveness of existing criteria. Directs the Attorney General to revise the criteria upon a determination by the Commission that handguns satisfying existing criteria are significantly involved in handgun crime. Requires final criteria to be transmitted to Congress, which may disapprove by resolution the criteria within 60 days of continuous session. Directs the Attorney General to approve for manufacture, importation, or transfer any handgun model which satisfies the established criteria after representative samples of such model are evaluated and tested. Authorizes exceptions with respect to handguns which are particularly appropriate for law enforcement purposes. Directs the Attorney General, prior to the time that criteria have been established, to evaluate samples of all handgun models and approve for manufacture, importation, or transfer handgun models which meet specified requirements. Sets forth procedures for the administrative review of a finding that a sample submitted has failed to meet the approved standards. Requires the Attorney General to publish at least semiannually in the general register a list of handgun models which have been tested and the test results. Deems approved any handgun model not in manufacture on or after October 21, 1968, and which has not been tested. Revises the penalties under such Act. Disallows, with respect to a person who uses or carries a firearm during the commission of any felony and receives an additional sentence, the suspension of such sentence, the giving of probation, or the concurrent running of a term of imprisonment (under current law such prohibitions apply only to a second or subsequent offense). Sets forth a mandatory period of parole ineligibility for such offense, unless the court finds specified mitigating circumstances. Makes any person (including a licensee) who negligently sells or transfers a handgun in violation of this Act civilly liable for the death or injury suffered by an individual as a result of the use of the handgun by the transferee in the commission of an offense that causes death or personal injury to that individual. Stipulates that certain exceptions to the provisions of the Act shall only apply with respect to handguns which have been approved by the Attorney General in accordance with the Act. Allows a mental incompetent to be relieved from the disabilities of the Act with respect to the possession, acquisition, or transfer of firearms upon specific findings by a court. Authorizes the Attorney General to permit the importation of approved handguns. Directs the Attorney General to make annual grants for each fiscal year and supplemental grants at his or her discretion for compensation of victims of handgun crime to qualifying State programs for the compensation of victims of handgun crime. Specifies eligibility criteria for such programs and the amount of authorized payments. Requires the Attorney General to submit annual reports to the congressional judiciary committees concerning such programs. Establishes a nine-member Advisory Committee on Victims of Handgun Crime to advise the Attorney General on the administration of the programs and policies relating to the compensation of victims of handgun crimes. Title II: Gun Control Functions Transferred to Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Authorizes the President to transfer additional functions of other agencies to the Department which relate to the functions transferred by this Act. Establishes within the Department of Justice the Firearms Safety and Abuse Control Administration to administer the functions of the Attorney General under the Gun Control Act of 1968. Directs the Attorney General to transmit to Congress as part of the annual report of the Department of Justice a report on the activities of the Administration. Title III: Miscellaneous Provisions - Amends the Federal criminal code to increase from 45 to 90 days the period in which an application for a user permit or a license to import, manufacture, or deal in explosive materials must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any statutory requirement to a civil penalty of up to $10,000 per violation. Directs the Postal Service to promulgate regulations for the conveyance of handguns in the mails. Directs the Advisory Commission on Intergovernmental Relations established by the Act of September 24, 1959, in consultation with the United States Conference of Mayors, the National League of Cities, and representatives of Federal, State, and local law enforcement agencies, to report within six months of enactment on: (1) intergovernmental problems in controlling illicit handgun traffic; and (2) the effectiveness of the Omnibus Crime Control and Safe Streets Act of 1968 and the Gun Control Act of 1968. Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship). Makes this Act effective 120 days after enactment, with specified exceptions.
United States · United States Congress · 22 April 1980
Designates the building known as the United States Court House and Federal Building in Syracuse, New York, as the James M. Hanley Federal Building.
United States · United States Congress · 22 April 1980
Amends the Immigration and Nationality Act to exempt from certain visa or border crossing identification card requirements an alien who is applying for admission as a tourist or business visitor (not to exceed 90 days) and who is a national of a country which: (1) extends reciprocal privileges to U.S. citizens; (2) has a nonimmigrant visa refusal rate of less than two percent; and (3) is determined to be a country whose nationals do not represent a security threat to the United States. Prohibits such an alien from: (1) having his/her status adjusted to that of an immigrant; or (2) changing his/her nonimmigrant classification.
United States · United States Congress · 22 April 1980
Amends the Immigration and Nationality Act to waive the requirement that an alien graduate of a foreign medical school must pass the National Board of Medical Examiners examination for admission as an immigrant or nonimmigrant exchange visitor if such alien was permanently licensed to practice medicine in a State, and was practicing on January 9, 1977. Provides that such an alien's stay shall be for the time typically required to complete the designated course of medical study (presently two years with a one year extension). Makes such provision applicable to aliens entering the United States as exchange visitors on or after January 10, 1978. Permits such an alien to change his/her designated course of medical study upon approval of the Director of the International Communication Agency once within two years after entry or acquisition of exchange visitor status (presently must continue course of education under which admitted to the United States). Extends the waiver authority regarding such aliens from December 31, 1980, to December 31, 1982 (with a discretionary one year extension for programs which have substantially reduced their reliance on such aliens). Directs that the Secretary of Health and Human Services make a case-by-case determination regarding such waiver. Adds the additional requirement before such waiver may be authorized that the medical program concerned have an approved plan to reduce its reliance on alien physicians, including descriptions of: (1) problems anticipated without such waiver and alternative methods to reduce any health services disruption; (2) changes in the program and recruiting efforts to attract U.S. citizens; and (3) how the program, on a yearly basis, has phased down its dependence on such aliens. Directs the Secretary, in coordination with the Attorney General and the Secretary of State, to: (1) monitor the issuance of such waivers and programs; and (2) report to the Congress at the start of each fiscal year beginning in 1981 on the nationality, specialization, and geographic distribution of such aliens receiving waivers. Requires the Secretary, after consultation with the Attorney General, the Secretary of State, and the Director of the International Communications Agency, to evaluate the effectiveness to foreign nations and to the United States of such medical training programs, and to report to the Congress within two years of enactment of this Act regarding such evaluation. Amends the Public Health Service Act to: (1) deem as a health manpower shortage area any public or private nonprofit hospital with an accredited residency program for which such a waiver has been authorized; (2) assign National Health Service Corps personnel to such hospital residency programs with the aim of reducing the number of enrolled aliens; and (3) reduce certain payments owed by the hospital to the United States for the services of Corps personnel in positions formerly filled by such aliens. States that a Corps member serving in such a residency program shall have such time counted toward satisfying his/her period of obligated service.
United States · United States Congress · 17 April 1980
Establishes within the National Institutes of Health the Office of Drugs of Limited Commercial Value under the direction of the Director of the National Institutes of Health. Establishes within the Office an advisory council to advise the Director and make recommendations to the Secretary of Health and Human Services (formerly Health, Education, and Welfare) respecting the time required for drug approval under the Federal Food, Drug, and Cosmetic Act. Authorizes the Director to provide financial assistance to entities for the development of drugs of limited commercial value, defined as a drug for a condition or disease of low incidence, to undertake the development of such drugs, undertake studies to determine the potential and need for specific drugs, and coordinate the efforts of public and private entities engaged in the development of such drugs. Requires the submission and approval of an application containing the scientific basis for the development of the drug and the proposed therapeutic use of the drug and other specified information before financial assistance is provided. Requires each entity receiving funds to keep specified records. Requires the Director to report to Congress within two years on the effectiveness of this Act.
United States · United States Congress · 5 March 1980
State Justice Institute Act of 1980 - Establishes in the District of Columbia the State Justice Institute as a private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) make recommendations concerning the proper allocation of responsibility between the State and Federal court systems; (4) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (5) encourage education for State court judges and support personnel. Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems.
United States · United States Congress · 5 March 1980
Directs the President to furnish the House of Representatives with complete information regarding the U.S. decision to vote for the United Nations Security Council resolution on March 1, 1980.
United States · United States Congress · 28 February 1980
Immigration and Nationality Act Amendments of 1980 - Amends the Immigration and Nationality Act to exclude from the definition of "immigrant" an alien (and accompanying spouse and children) having a foreign residence (with no intention of abandoning such residence) coming to the United States temporarily to study full-time at a vocational, language, or other nonacademic institution approved by the Attorney General. Redefines the definition of "child" to include: (1) an illegitimate child through whom, or on whose behalf, a status or benefit under such Act is sought by virtue of the relationship to its natural father; (2) a child adopted before the age of 16; and (3) an orphan under the age of 16. Excludes adultery from the determination of good moral character for the purposes of such Act. Limits the existing drug-related provision relating to good moral character to "trafficking in narcotics." Provides that aliens seeking admission within five years of the date of their deportation or removal shall be ineligible for admission into the United States (presently no time limit on excludability). Exempts specified aliens with medical specialties practicing in the United States as of January 9, 1977, from alien exclusion provisions. Repeals certain reporting requirements under such provisions. Authorizes the Attorney General to admit for permanent residence certain aliens: (1) otherwise excludable for specified drug- related convictions; and (2) having immigrant visas, but excludable for other specified reasons, and who could not have been aware through reasonable diligence of such excludability before coming to the United States. Revises re-entry permit provisions to authorize the issuance of such permit for a two-year nonrenewable period (presently one year with up to a one year discretionary extension). Revises alien deportation and maintenance expense provisions to: (1) provide that deportation shall be to the country from which the alien boarded the vessel or airplane that brought him to the United States; (2) provide that if such departure was from a foreign territory contiguous to the United States of which such alien was not a national or resident, then deportation shall be to the country from which such alien departed for such contiguous territory; (3) set forth guidelines for the Attorney General if a country is unwilling to accept a deportable alien; and (4) require such transportation lines to deposit a bond to cover any fine or disputed fine relating to deportation with a district director of customs (presently with a customs collector). Makes the existing mandatory waiver of fraudulent entry deportation provisions regarding alien spouses, children, or parents of United States citizens or permanent residents discretionary. Provides that such deportation waiver shall also operate with regard to improper entry documents directly resulting from such fraud. Includes individuals who participated in Nazi-related World War II persecutions within the category of excludable aliens which the Attorney General may not allow to deport voluntarily in lieu of a deportation proceeding. Prohibits the Attorney General from suspending the deportation and adjusting the status (to that of a lawful permanent resident) of such individuals. Eliminates certain Congressional reporting requirements imposed on the Attorney General regarding suspension of deportation and status adjustment proceedings. Provides, with regard to such cancelled deportation proceedings, that the reduction of available immigrant visas shall come from the overall permanent or conditional entry visa allotment rather than from the nonpreference immigrant allotment. Permits certain nonimmigrant exchange aliens to have deportation proceedings suspended and have their status adjusted to permanent resident. Revises the category of nonimmigrant aliens who cannot have their nonimmigrant classification changed in another nonimmigrant classification without first applying to the Attorney General for such change. Repeals alien change of address requirements concerning: (1) yearly current address notification; and (2) three-month notification of current address by temporary residents. Provides, with regard to the smuggling of aliens into the United States, that: (1) any conveyance, including vessels, vehicles, or aircraft used for such purposes (excluding common carriers not consenting to such act and stolen conveyances), shall be subject to seizure and forfeiture; (2) any conveyance may be seized without warrant if probable cause exists and circumstances exist where a warrant is not constitutionally required; (3) specified customs laws shall apply to such seizures; (4) seizures of vessels shall be subject to the Supplemental Rules of Certain Admiralty and Maritime Claims; (6) the Attorney General may retain for official use, sell, or require the General Services Administration to take custody of, any forfeited conveyance; and (7) in all forfeiture suits where the conveyance is claimed by any person the burden of proof shall be on such person, provided that probable cause for such forfeiture shall first be shown by the Government. Provides that the spouse and dependent unmarried children of an alien who qualifies for certain naturalization residence requirement exceptions shall also qualify for such exceptions for the period they resided abroad as members of such alien's household. Removes the requirement that adopted children born outside the United States be adopted while under the age of 16 in order for certain automatic citizenship provisions to apply. Removes: (1) the requirement that two witnesses verify an individual's naturalization petition; and (2) certain affidavit and proof of residence requirements for such petition. Repeals the provisions requiring: (1) witnesses to be present at a final naturalization hearing; and (2) a 30 day waiting period between the filing of a petition and the issuance of a certificate of naturalization. Requires the clerk of a naturalization court to pay to the Attorney General one-half of all fees up to $40,000 (presently $6,000), and all fees in excess of such amount, in a fiscal year. Repeals provisions concerning: (1) adjustment of status from nonimmigrant to permanent resident; and (2) the authority of the Central Intelligence Agency to have aliens admitted for permanent residence on the basis of national security without regard to their admissibility under immigration laws or regulations.
United States · United States Congress · 27 February 1980
Municipal Waste-to-Energy Act of 1980 - Title I: Research, Development and Demonstration - Requires the Director of the Office of Urban Waste Energy Management (established under this Act) to establish, conduct, and promote an accelerated research, development, and demonstration program for the recovery of energy from municipal wastes. Directs the Director to provide financial assistance in the form of grants, contracts, price supports, purchase guarantees, loan guarantees and cooperative agreements, or any combination thereof, to public or private entities to support the cost of planning, designing, constructing, operating, and maintaining experimental and demonstration facilities and modifications of existing facilities for demonstration purposes, for the conversion of municipal wastes into energy, or for the recovery of materials. Requires that such program be designed to achieve its goals within ten years after enactment of this Act. Amends the Federal Nonnuclear Energy Research and Development Act of 1974 to extend the financial support program to include public and private entity waste reprocessing demonstration facilities. Authorizes appropriations for fiscal year 1982 to carry out this title. Title II: Commercialization - Requires the Director to establish a program of financial assistance for commercial-scale projects designed for the conversion of municipal wastes into energy or the recovery of materials, including, in decreasing order of priority, price and loan guarantees, loans, and grants. Stipulates that such assistance shall be made to supplement but not to compete with nor supplant any private capital investment under authority of any other Federal law. Directs the Director to establish internal procedures, standards, and criteria for the timely review of compliance with such requirement of each new award of assistance for a specific proposed municipal waste processing project. Limits such financial assistance to a maximum of 75 percent of the total capital cost of that project. Prohibits any project receiving such assistance from thereafter being eligible for such assistance. Requires that any specific tax credit directly associated with such projects be considered in determining the need for financial assistance awarded under this title. Limits the amount of loans entered into for such projects to a maximum of 49 percent of the total capital costs of the project, unless the Director determines that such limit would prevent the financial viability of the proposed project. Sets forth requirements concerning the Director's authority to enter into, or make, such loans, loan guarantees, price guarantees, and grants. Directs the Director to conduct economic analyses of municipal waste-to-energy conversion technologies in other countries for publication and dissemination. Authorizes appropriations for fiscal year 1982 to carry out this title. Title III: General Provisions - Amends the Department of Energy Organization Act to establish an Office of Urban Waste Energy Management within the Department of Energy to perform the research, development, demonstration, and commercialization activities authorized under this Act. Directs the Director of such Office to prepare a program and management plan for such activities and to transmit such plan to specified congressional committees. Requires the Director to annually submit to the Congress a detailed description of such plan as in effect, with proposed modifications as necessary. Requires the Director to support science and engineering education programs to provide trained personnel to perform the activities required under this Act. Directs the Administrator of the Environmental Protection Agency, the Secretary of Commerce, and other appropriate agency heads to cooperate with the Director in carrying out duties under this Act and to provide the Director with information in their possession which is necessary for such purposes. Requires the Director to assure the full and complete dissemination of information concerning any project or other activity conducted under this Act to Federal, State, and local authorities, relevant segments of the economy, the scientific community, and the public in order to promote the early, widespread, and practical use of municipal waste-to-energy technologies. Directs the Director, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, to prepare and transmit to the Congress a report analyzing and assessing legal impediments and other barriers to the development and application of such technologies. Sets forth the components of such report. States that amounts received by the Director as repayment of loans made under this Act and other specified amounts shall be deposited in the Federal Treasury as miscellaneous receipts.
United States · United States Congress · 13 February 1980
Homeowner, Tenant, and Small Business Energy Conservation Loan Program - Establishes the Energy Conservation Bank in the Department of Energy. Authorizes the Bank to make financial assistance in the form of payments to financial institutions to: (1) reduce the principal on loans made for the purpose of financing the purchase and installation of solar energy systems and energy conserving improvements in residential and small business buildings and financing solar energy programs undertaken by nonprofit groups; and (2) prepay interest otherwise due on such loans. Directs the President of the Bank to establish various levels of financial assistance to be made under such assistance program and sets forth criteria to be considered in determining assistance levels. Sets forth limitations on the amount of assistance, together with the likely value of any Federal and State solar energy or conservation tax credit, which may be made under this Act, depending on the type of building for which such assistance is to be made. Establishes criteria for the types of loans for which financial assistance may be made under this Act. Directs the Bank to promote the program established by this Act by informing financial institutions, builders, home improvements contractors, realtors, and consumers of the benefits of such program and by seeking their participation in such program. Directs the Bank to: (1) coordinate and disseminate practical information developed by the Department of Housing and Urban Development regarding solar technology and energy conserving improvements in new and existing construction; (2) seek the advice and assistance of specified Federal mortgaging corporations and associations in coordinating Energy Conservation Bank programs with secondary market programs of such institutions; (3) develop and make available to appraisers solar energy system and energy conservation appraisal techniques and resale data; (4) provide technical assistance to nonprofit, low-income groups and local governments considering solar energy and energy conservation strategies; and (5) provide such other assistance as necessary to promote the use of solar energy and energy conservation improvements. Requires the preparation of annual reports to be submitted to the Congress and to the President on the Bank's activities. Authorizes the Secretary of Housing and Urban Development to permit the Bank to use Department personnel in its operations. Establishes criminal penalties for making false statements or misrepresentations in connection with any loan assisted under this Act. Authorizes the Bank to make commitments to purchase and to deal in loans and advances of credit made for the purpose of financing the purchase and installation of energy conserving improvements or qualified solar energy systems in residential and small business buildings. Limits the total amount of outstanding purchases and commitments to purchase such loans which the Bank may make. Describes the types of loans and advances of credit which the Bank may purchase and limits the amount of any particular loan which may be purchased to $15,000. Authorizes the Bank to make commitments to purchase, to purchase, and to deal in mortgages and similar instruments secured by newly constructed one- to four-family dwelling units with qualified solar energy systems and energy conserving improvements meeting or exceeding specified Federal standards. Limits the total amount of outstanding purchases and commitments to purchase such mortgages which the Bank may make. Describes the types of mortgages which the Bank may purchase. Authorizes the Bank to issue obligations to carry out its functions relating to the purchase and commitment to purchase loans, advances of credit, mortgages, and other instruments. Exempts the Bank from specified State and local laws.
United States · United States Congress · 5 February 1980
Establishes the Women's Rights National Historical Park in Seneca Falls, New York, to preserve and interpret the nationally significant historical and cultural sites and structures associated with the formal beginning of the struggle for equal rights for women. Authorizes the Secretary of the Interior to acquire such land, or interest therein he deems necessary, by donation, purchase with donated or appropriated funds, or exchange. Limits fee acquisition to specified Women's Rights Historic Sites in Seneca Falls, New York. Directs the Secretary to encourage local and State agencies to establish a preservation commission to develop and implement a plan for the preservation and rehabilitation of the area within the park boundary. Authorizes the Secretary to provide technical assistance and funding for such plan, up to a limit of 50 percent of the total cost. Establishes the Women's Rights National Historical Park Advisory Commission. Terminates such commission 10 years after the date of establishment of the park. Authorizes the Secretary to enter into cooperative agreements with appropriate nonprofit entities for developing and implementing programs related to the women's rights movement. Directs the Secretary, within three years, to submit to specified Congressional committees, a general management plan for the women's rights historic sites. Requires any Federal entity conducting or supporting activities directly affecting the park to consult with the Secretary prior to the issuance of final approval for such activity, license, or permit.
United States · United States Congress · 5 February 1980
Expresses the sense of Congress that the President should request the United Nations to establish an international presence in the Khmer refugee camps on the Thailand - Kampuchean (Cambodian) border to promote security and oversee the distribution of food.
United States · United States Congress · 30 January 1980
Vietnam Era Veterans Agent Orange Act - Establishes a presumption of service-connected disability for certain diseases arising in Vietnam-era veterans (and for birth defects in their children) exposed to agent orange.
United States · United States Congress · 23 January 1980
Expresses the sense of the Congress that April 22, 1980, should be observed and celebrated as "Earth Day, 1980."
United States · United States Congress · 22 January 1980
Authorizes and requests the President to designate April 21 through April 28, 1980, as "Jewish Heritage Week."
United States · United States Congress · 20 December 1979
Mass Transit Crime Prevention Act of 1979 - Amends the Urban Mass Transportation Act of 1964 to condition Federal financial assistance after September 30, 1980 for the construction or operation of facilities and equipment for use in a public mass transportation system upon the submission, approval, and implementation of an effective plan for crime prevention on such system. Directs the Secretary of Transportation to prescribe minimum standards for the approval of such plans.
United States · United States Congress · 20 December 1979
Establishes in the House of Representatives and under the direction of the Committee on House Administration a Congressional Child Care Center to provide child care services for children of Senators, Representatives, and congressional employees. Requires all operating expenses of the Center to be recovered through the fees charged for child care services provided by the Center. Directs the chairman of the Committee on House Administration to appoint a nonpartisan advisory board to make recommendations to the Committee with respect to matters relating to the Center and to conduct semiannual reviews of the operations of the Center and submit a written report of each such review. Establishes in the Department of the Treasury a revolving fund within the contingent fund of the House of Representatives to be known as the Congressional Child Care Center Revolving Fund. Authorizes the Committee on House Administration to acquire such facilities as may be necessary for the operation of the Center.
United States · United States Congress · 14 November 1979
Wind Energy Systems Research, Development, and Demonstration Act of 1979 - Declares it to be the policy of the United States and the purpose of this Act to establish a research, development, and demonstration program for converting wind energy into electricity. Sets as a goal of such program the attainment of a total megawatt capacity of at least 800 megawatts from wind energy systems by fiscal year 1988 and the reduction of the average cost of electricity produced by such systems to a level competitive with conventional energy sources by the end of fiscal year 1986. Authorizes the Secretary of Energy to enter into agreements with public and private entities to obtain scientific, technological, and economic information on the design, fabrication, purchase, installation, and testing of wind energy systems. Authorizes the Secretary to provide financial assistance to entities seeking to install wind energy systems upon submission of the proper application. Sets forth terms and conditions for receiving such assistance. Terminates any Federal subsidization of purchases of such equipment upon the determination that such systems have become competitive with conventional energy sources or by a specified date. Sets forth the amount of such assistance, taking into consideration any tax credits allowed under the Internal Revenue Code for renewable energy source expenditures. Allocates a portion of the funds appropriated to carry out such assistance program for accelerated procurement and installation of wind energy systems by Federal agencies for demonstration purposes. Directs the Secretary to promulgate voluntary performance standards for such systems. Directs the Secretary to initiate a three-year national wind resource assessment program to: (1) validate existing assessments of known wind resources; (2) perform wind resource assessments in regions where the use of wind energy may prove feasible; (3) initiate a general site prospecting program; (4) establish standard wind data collection and siting techniques; (5) establish, in consultation with the Administrators of the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the National Aeronautics and Space Administration, a national wind data center to make public information available on wind energy. Directs the Secretary to prepare a comprehensive program management plan for the research, development, and demonstration activities prescribed under this Act for submission to specified congressional committees. Sets forth criteria for selection of programs consistent with the purposes of this Act. Directs the Secretary to monitor, collect and evaluate data and information, and conduct studies and investigations relating to wind energy systems and programs. Directs the Secretary to assure that information relating to programs, projects and other activities conducted under this Act are widely disseminated to Federal, State, and local authorities, relevant segments of the economy, the scientific community and the public, so as to promote the use of wind energy to the maximum extent feasible. Directs the Secretary to assure that small businesses will have adequate opportunities to participate in the programs conducted under this Act to the maximum extent practicable. Authorizes the appropriation of $100,000,000 for fiscal year 1980 to carry out the purposes of this Act.
United States · United States Congress · 30 October 1979
Redesignates the J. Edgar Hoover FBI Building in Washington, D.C., as the FBI Building.
United States · United States Congress · 19 October 1979
Title I: Findings, Purposes, and Definitions - Declares that the purpose of this Act is to provide for a coordinated, simplified, and prompt process for obtaining Federal, State, and local approval of nonnuclear energy facilities which are determined to be in the national interest. Title II: Priority Projects - Authorizes the President to establish an Energy Mobilization Board to be composed of members appointed by the President. Sets forth the general duties and powers of such Board, including the subpoena power. Directs the Board to keep the Senate Committee on Energy and Natural Resources and the House Committees on Interior and Insular Affairs and on Interstate and Foreign Commerce fully and currently informed concerning its activities, including the submission of an annual report. Stipulates that projects related to the production of nuclear energy or approved under the Public Utility Regulatory Policies of 1978 be excluded from coverage under this Act. Directs the Board to designate Priority Energy Projects and to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Directs the Board to provide the appropriate committees with a copy of such designation orders. Sets forth the criteria the Board must consider in making such designations, including: (1) the extent to which the energy project would reduce the Nation's dependence upon nonrenewable resources; (2) the magnitude of any economic and social impacts and costs associated with the project in relation to the impacts and costs of alternatives; (3) the extent to which the project would make use of renewable energy resources, or conserve energy; (4) the extent to which the project would contribute to the development of new production or conservation technologies and techniques; (5) adverse impacts on the environment and on competition; and other specified criteria. Directs the Board to notify the Governor of each State in which any portion of a project designated as a Priority Energy Project is proposed to be located. Permits such Governor to appoint a non-voting Member to the Board to participate in decisions concerning such project, including the Project Decision Schedule. Exempts priority energy project designations or refusals to make a designation, promulgation or revision of Project Decision Schedules, and Board actions relating to streamlining of procedures, from the impact statement requirements of the National Environmental Policy Act of 1969 (NEPA). Directs the Council on Environmental Quality to determine whether any Federal action relating to a Priority Energy Project, after it has been so designated and prior to establishing the Project Schedule, will be a "major Federal action" for purposes of compliance with the National Environmental Policy Act (NEPA). Requires the Council to designate a lead agency to assure compliance with NEPA whenever a major Federal action is involved. Authorizes the Board to require that one environmental impact statement be prepared and that such statement be used by all Federal agencies to satisfy NEPA with respect to such projects. Authorizes the Board to extend the time for certain deadlines. Requires each agency having authority to make any agency decision with respect to any part of a project designated as a Priority Energy Project to transmit to the Board: (1) a compilation of all significant actions required to be taken by such agency and by the applicant before such decision can be made and a summary of procedural requirements applicable to such actions; (2) a tentative schedule for completing such actions and making such decisions; and (3) a statement of administrative requirements to take such actions. Directs the Board to publish a Project Decision Schedule within 45 days of the transmittal of agency information. Stipulates that such schedule: (1) identify the order in which decisions which must be made by each agency are to be made; (2) identify the deadlines applicable to such decisions; (3) be consistent with the tentative schedules transmitted to the Board, unless the Board determines a different schedule is essential to expedite and coordinate agency review; and (4) be binding on the agency and on all other persons to which the Schedule applies. Permits the Board to modify any schedule applicable to any agency's decision or action subject to the Project Decision Schedule upon petition of such agency where the agency determines such modification will facilitate agency compliance with the Schedule. Permits affected agencies to consolidate proceedings related to actions and decisions subject to the Project Decision Schedule, if such streamlined procedures provide for effective participation by interested parties in such decisionmaking. Directs the Board to monitor compliance with the Schedule by all affected agencies and persons. Permits the Board to take such actions as it deems appropriate to bring any person or agency responsible for a project delay into compliance with the Schedule. Directs the Board, when any person responsible for filing or taking any other action on behalf of a Project refuses to take such action, to either revise such Project Decision Schedule or revoke the Priority Energy Project designation. Stipulates that, unless otherwise provided for, the other statutory obligations and authority of any independent regulatory agency remain unaffected by this Act. Authorizes the Board to bring an expedited enforcement action against any agency failing to or reasonably likely to fail to comply with a Project Decision Schedule in the appropriate United States district court. Directs such court to issue specified orders requiring compliance with such Schedule and to take any necessary measures, including citation and punishment of the responsible officials for contempt of court, for failure to meet any court-imposed deadlines. Authorizes the President to perform any action or make any decision required of an agency by court order in the event such agency fails to perform such action or make such decision. Authorizes the Board to order the temporary suspension of the application of any requirement of Federal, State, or local law enacted or promulgated after the commencement of construction of any facility which is part of a Priority Project where it is determined that such requirement could prevent timely completion or operation of such facility and that such temporary suspension would not create any significant public health or safety risks. Sets forth time limits on such suspension orders and exempts specified requirements from being suspended. Stipulates that nothing in this Act shall expand or confer on the United States any right to acquire water rights nor alter any provisions of State law or interstate compact governing water use. States that Board action granting or denying designation orders or suspending Federal, State, or local requirements of law shall be subject to judicial review only for failure to comply with this Act or for constitutional violations. Provides for judicial review of other Board actions as specified. Requires that any reviewing court expedite and consolidate such review to the maximum extent practicable. Requires that any party seeking Supreme Court review of any judgment or order of a circuit court of appeals pursuant to this Act must file a petition for a writ of certiorari within 60 days of the decision of the lower court or such appeal shall be barred. Sets a 60-day time limit for the promulgation of regulations for carrying out this Act. Terminates the Board's authority seven years after the date of enactment of this Act. Directs the Board to prepare and submit to the President and the Congress a comprehensive report of its activities during such period. Directs the Comptroller General of the United States to submit to the Congress a report evaluating the performance of the Board and setting forth findings and recommendations with respect to the program authorized under this Act. Authorizes appropriations for fiscal year 1980 and succeeding fiscal years to carry out this Act.
United States · United States Congress · 19 October 1979
Expresses the sense of Congress that the Soviet Union should release Ida Nudel and allow her to emigrate to Israel. Urges the President to: (1) express U.S. opposition to the exile of Ida Nudel to Siberia; and (2) inform the Soviet Union that the United States will take into account the extent to which countries honor their commitments under international law, particularly concerning human rights.
United States · United States Congress · 18 October 1979
Local Government Energy Conservation Act - Establishes a grant program to assist local governmental units in undertaking energy conservation activities, including: (1) establishment of mechanisms for coordinating all energy-related activities of a local governmental unit; (2) establishment of local energy conservation targets; (3) development of programs of energy conservation in local governmental operations; (4) development of programs to decrease private sector energy consumption; (5) establishment of an energy conservation information clearinghouse; and (6) development of regional plans with other local governmental units. Prohibits grant recipients from using grant funds to make grants or loans to other persons or entities.
United States · United States Congress · 18 October 1979
Federal Employee Occupational Safety and Health Act of 1979 - Applies specified standards of the Occupational Safety and Health Act of 1970 to the Federal workplace of employees of Executive agencies, the Postal Rate Commission and the United States Postal Service (but not the Office of Personnel Management). Requires each agency to: (1) furnish its employees employment and a place of employment which are free from recognized hazards; and (2) comply with safety and health standards. Requires employees to comply with standards and with specified rules, regulations, and orders. Authorizes the Office of Personnel Management to conduct inspections, investigations, and recordkeeping relating to Federal employee occupational safety and health. Permits employees or their representatives to request such inspections in specified cases. Directs the Office to issue citations to the head of any agency in violation of any requirement, standard, order, rule, or regulation under this Act. Provides for an enforcement procedure, including, in specified cases, hearings before the Occupational Safety and Health Review Commission. Provides for review of any Commission order in a U.S. court of appeals upon request of the head of any agency or any employee adversely affected by such order. Permits the Office to obtain review or enforcement of any final order of the Commission in a U.S. court of appeals. Prohibits any agency from discharging or discriminating against any employee because such employee has: (1) filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act; (2) testified or is about to testify in any such proceeding; or (3) exercised any right afforded by this Act on behalf of anyone. Permits employees who believe they have been so discharged or otherwise discriminated against to file complaints with the Special Counsel. Directs the Special Counsel to undertake an appropriate investigation and to file a complaint with the Merit Systems Protection Board if a violation has occurred. Authorizes the Board to restrain such violations for cause shown and to order all appropriate relief. Authorizes the Office to order any agency to restrain any conditions or practices constituting a danger immediately or before that danger can be eliminated through other enforcement procedures. Declares that any such orders which prohibit the employment or presence of any individual in locations in which imminent danger exists shall not apply to specified individuals, including those whose presence is necessary to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations. Directs inspectors, as soon as they conclude that such an imminent danger exists, to inform the affected employees and agency. Permits employees, or their representatives, to bring actions against the United States in district courts to compel the Office to issue such orders and for appropriate further relief. Authorizes attorneys designated by the Director of the Office of Personnel Management to represent the Office in civil litigation under this Act, subject to the direction and control of the Attorney General. Authorizes the Office to allow reasonable variations and exemptions from provisions of this Act to avoid serious impairment of the national defense. Provides for civil or criminal penalties for specified violations of this Act. Authorizes the Commission to assess all such civil penalties. Authorizes the Office to conduct short-term training of personnel in work related to responsibilities under this Act. Directs the Office, in consultation with the Secretary of Health and Human Services, to: (1) provide for education of heads of agencies and employees in the recognition, avoidance, and prevention of unsafe or unhealthful working conditions; and (2) consult with and advise heads of agencies and employees, and their representative organizations, as to effective means of preventing occupational injuries and illnesses. Authorizes the head of each agency to establish a health service program for employees. Directs that the Secretary of Health and Human Services offer mandatory consultation before, and requested reviews after, such programs are established. Directs the Secretary of Labor, in consultation with the Director, Office of Personnel Management, to carry out a safety program covering specified maritime employees under the Longshoremen's and Harbor Workers' Compensation Act. Authorizes the President to establish a safety council of labor organization representatives and employing agencies to advise the Secretary of Labor concerning such program. Directs the head of each agency with such employees to develop an organized safety promotion, to keep specified records, and make reports to the Secretary of Labor. Makes funds available for the purchase and maintenance of special protective clothing and equipment from appropriations for supplies, materials, or equipment procurement. Directs the Office, in consultation with the Secretary of Health and Human Services, to compile and analyze occupational safety and health statistics for Federal agencies. Authorizes the Office to make contracts and matching grants for such statistical research and to cooperate with States in such efforts. Directs the Office to make annual reports to Congress concerning Federal employee occupational safety and health. Requires the Director of the Office of Personnel Management to: (1) establish and maintain a comprehensive occupational safety and health program applicable to the Office consistent with specified standards of the Occupational Safety and Health Act of 1970; (2) provide employment conditions consistent with such standards; (3) require the use of protective equipment; (4) keep records of occupational accidents and illnesses; and (5) consult with and report annually to the Secretary of Labor concerning such records and program. Directs the Secretary of Labor to transmit such annual report to the President. Directs the President to transmit an annual report of such activities of the Office. Authorizes the Office to prescribe regulations concerning Federal employee occupational safety and health. Repeals specified provisions of the Occupational Safety and Health Act of 1970 relating to programs of Federal agencies.
United States · United States Congress · 16 October 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of benefits to any individual for any month in which such individual is confined in a penal institution. Stipulates that benefits withheld from such individuals shall be treated as having been paid to such individuals for purposes of determining the benefits to which other persons are entitled on the basis of the same wages and self-employment income.
United States · United States Congress · 16 October 1979
Amends the Immigration and Nationality Act to prohibit the exclusion or deportation of persons from the United States on the basis of information gotten from the 1980 decennial census. Stipulates that such prohibition shall not apply to such information if in a statistical or aggregate form which does not identify any individual.
United States · United States Congress · 12 October 1979
Amends the Puerto Rico Federal Relations Act to require that initial pleadings in the United States District Court for the District of Puerto Rico be filed in either the Spanish or English language. Requires further pleadings and proceedings to be in English, unless: (1) the defendant in a criminal case requests that they be in Spanish; (2) all parties in a civil case agree that they be in Spanish; or (3) the court orders such pleadings and proceedings to be in Spanish. Specifies language provisions for court opinions and appeals. Prohibits the disqualification of persons on a grand or petit jury in the Commonwealth of Puerto Rico solely because of a person's inability to speak, read, write, and understand English if such person is able to speak, read, write, and understand the language in which the proceeding for which the juror is called is to be conducted. Allows the Government attorney to determine whether a grand jury is to be conducted in English or Spanish. Directs the Administrative Office of the United States Courts to report periodically to Congress on the implementation of this Act. Makes the provisions of this effective one year and 180 days after enactment.
United States · United States Congress · 9 October 1979
Federal Artists Program Act of 1979 - Amends the National Foundation on the Arts and the Humanities Act of 1965 to establish a "Federal Artists Program" of Federal assistance to individual artists for employment in community-oriented and locally supported projects. Defines "artist" as an individual of demonstrated artistic ability who: (1) has completed a bachelor's degree or its equivalent in a recognized professional training program and has at least two years of professional work experience as an artist or has at least four years of professional work experience as an artist; and (2) has received more than 20 percent of individual income from employment as an artist during any two calendar years occurring during the most recent four calendar years. Authorizes the Chairman of the National Endowment for the Arts to make grants to, or enter into contracts with, any designated arts agency to establish programs to place artists with local sponsoring organizations to undertake artistic endeavors: (1) as a component of services provided by such organization; and (2) which serve the public by providing access to art experiences and enriching the environment and the quality of life. Bases eligibility as a designated arts agency on a public agency's or a private nonprofit organization's: (1) designation by any State or local government, or combinations thereof, as their official arts agency; and (2) experience in directly supporting the arts and artists through a grants program or advocacy on their behalf. Requires the applications for assistance of such agencies to include a comprehensive program plan with specified features. Directs the Chairman to: (1) establish criteria (with specified inclusions) and procedures for evaluating and selecting such applications; (2) seek recommendations from a panel of experts representing a diversity of geographic areas and cultural backgrounds before approving such applications; and (3) coordinate the administration of the Federal Artists Program with specified Federal, State, local and private programs. Sets a three year limit on assistance to any sponsoring organization based on a declining percentage of the salaries such organization pays artists. Sets forth requirements for the sponsoring organization relating to working conditions and use of funds. Limits to ten percent the amount of such funds which may be used for administrative expenses by a designated arts agency. Allows designated arts agencies to submit another application for grants or contracts upon the mandatory three year expiration of a grant or contract. Limits the amount of salary and the duration of employment (three years maximum) of any one artist under such program. Requires each designated arts agency receiving assistance for any fiscal year to submit a program report, with specified inclusions, to the Chairman. Directs the Chairman to review programs at least annually. Stipulates that the copyright of any work produced by an artist in such program shall be retained exclusively by the artist and that the artist shall own all such original work. Grants the sponsoring organization and the designated arts agency involved a royalty-free nonexclusive right to use or display such art work for a period not to exceed five years from the completion of the project. Applies all financial assistance procedures and other provisions relating to the National Endowment for the Arts to the Federal Artists Program. Authorizes appropriations for fiscal year 1981 through 1985 for such program.
United States · United States Congress · 9 October 1979
Authorizes and requests the President to designate May 1, 1980, as "National Bicycling Day."
United States · United States Congress · 27 September 1979
Directs the Secretary of the Treasury to reimburse State and local governments upon submission of an application for reimbursement for providing special protection to foreign diplomatic missions, foreign officials, or foreign heads of state or government in specified circumstances.
United States · United States Congress · 25 September 1979
Title I: Meat Labeling and Inspection - Amends the Federal Meat Inspection Act to require the labeling as imported of any imported meat or meat product, which is capable for use as human food, or its container. Requires that such products: (1) meet the same health standards as domestically produced meat; and (2) be tested in the exporting country. Requires periodic tests of such products in the United States by the Department of Agriculture as well. Title II: Requirement of Certain Eating Establishments to Inform Customers that Imported Meat or Meat Food Products are Served in Such Establishment - Requires eating establishments serving imported meat to inform customers of this fact.
United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, and insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active- duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product. Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services; (2) health clinic services, including rural health clinic services; (3) home dialysis supplies; (4) tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lenses after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health-care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO: and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the maximum reasonable cost for such service; and (2) drugs and hearing aids in accordance with the lowest of: (A) the provider's fee charged for dispensing the drug or hearing aid; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtainable by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health-care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-, SSI-, AFDC-eligible residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare- eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (PL 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an advocate, to assist consumers in determining and protecting their rights to services; and (3) an inspector general, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B, Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State-chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3)that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services, and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health- care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI- Effective Dates, Transition Provisions, Amendments - Part A, Effective Dates and Transition Provisions - Sets forth effective dates for provisions of this Act. Provides for a special national premium rate for the period between October 1 and December 31 of the year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI: - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45-consecutive-day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost". Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 5 September 1979
Stronger Pension Protection for Surviving Spouses Act - Amends the Employee Retirement Income Security Act and the Internal Revenue Code to revise the requirements which must be met for a pension plan providing benefit payments in the form of an annuity to have the effect of a qualified joint and survivor annuity. Eliminates the provision which allows a pension plan, which makes certain elections ineffective if the participant dies within two years, to be treated as satisfying the joint and survivor requirements if certain other conditions are met. Sets forth additional joint and survivor requirements, including that: (1) each participant in the plan who is married shall be treated as having elected the qualified joint and survivor annuity form; (2) such election may be revoked and a new election of a qualified joint and survivor annuity form made only (A) during a specified period, (B) by the participant and spouse jointly and in writing, and (C) after they receive a written explanation of the terms and conditions of the annuity and the effect of an election or revocation; and (3) specified notice requirements are met.
United States · United States Congress · 2 August 1979
Immigration and Nationality Act Amendments of 1979 - Amends the Immigration and Nationality Act to exclude from the definition of "immigrant" an alien (and accompanying spouse and children) having a foreign residence (with no intention of abandoning such residence) coming to the United States temporarily to study full-time at a vocational, language, or other non-academic institution approved by the Attorney General. Redefines the definition of "child" to include: (1) a child legitimated before the age of 18; (2) an illegitimate child through whom, or on whose behalf, a status or benefit under such Act is sought by virtue of the relationship to its natural father; (3) a child adopted before the age of 16; and (4) an orphan under the age of 16. Excludes adultery from the determination of good moral character for the purposes of such Act. Provides that aliens seeking admission within five years of the date of their deportation or removal shall be ineligible for admission into the United States (presently no time limit on excludability). Exempts specified aliens with medical specialties practicing in the United States as of January 9, 1977, from alien exclusion provisions. Repeals certain reporting requirements under such provisions. Authorizes the Attorney General to admit for permanent residence certain aliens: (1) otherwise excludable for specified drug-related convictions; and (2) having immigrant visas but excludable for other specified reasons who could not have been aware through reasonable diligence of such excludability before coming to the United States. Revises re-entry permit provisions to authorize the issuance of such permit for a two-year non-renewable period (presently one year with up to a one year discretionary extension). Revises alien deportation and maintenance expense provisions to: (1) provide that deportation shall be to the country from which the alien boarded the vessel or airplane that brought him to the United States; and (2) provide that if such departure was from a foreign territory contiguous to the United States of which such alien was not a national or resident, then deportation shall be to the country from which such alien departed for such contiguous territory; (3) set forth guidelines for the Attorney General if a country is unwilling to accept a deportable alien; and (4) require such transportation lines to deposit a bond to cover any fine or disputed fine relating to deportation with a district director of customs (presently with a customs collector). Repeals the provision providing for the non-applicability of fraudulent entry deportation provisions to alien spouses, children, or parents of United States citizens or permanent residents. Includes individuals who participated in Nazi-related World War II persecutions within the category of excludable aliens which the Attorney General may not allow to deport voluntarily in lieu of a deportation proceeding. Repeals provisions allowing the Attorney General to suspend a deportation procedure upon the application of an alien and allow such an alien to have his status adjusted to that of a permanent resident. Revises the category of non-immigrant aliens who can not have their non-immigrant classification changed to another non-immigrant classification without first applying to the Attorney General for such change. Repeals alien change of address requirements concerning: (1) yearly current address notification; and (2) three-month notification of current address by temporary residents. Provides that the spouse and dependent unmarried children of an alien who qualifies for certain naturalization residence requirement exceptions shall also qualify for such exceptions for the period they resided abroad as members of such alien's household. Removes the requirement that adopted children born outside the United States be adopted while under the age of 16 in order for certain automatic citizenship provisions to apply. Removes: (1) the requirement that two witnesses verify an individual's naturalization petition; and (2) certain affidavit and proof of residence requirements for such petition. Repeals the provisions requiring witnesses to be present at a final hearing for naturalization and requiring a 30 day waiting period between the filing of a petition and the issuance of a certificate of naturalization. Requires the clerk of a naturalization court to pay to the Attorney General one-half of all fees up to $40,000 (presently $6,000), and all fees in excess of such amount, in a fiscal year. Repeals provisions concerning: (1) adjustment of status from non-immigrant to permanent resident; and (2) authority of the Central Intelligence Agency to have aliens admitted for permanent residence on the basis of national security without regard to their admissibility under immigration laws or regulations.
United States · United States Congress · 2 August 1979
Directs the Office of Technology Assessment to initiate and complete a study of patented, copyrighted, or other consumer energy conservation devices which have not been developed as marketable products. Requires the Director of the Office to report the results of such study to Congress. Requires such report to include: (1) recommendations for legislative and executive action necessary to promote the development of such devices as marketable products; and (2) a list of consumer energy conservation devices which are technically feasible and have potential for significant energy savings and commercial success.
United States · United States Congress · 1 August 1979
Sentencing Reform Act of 1979 - Directs the Judicial Conference of the United States to: (1) analyze on a continuing basis data on the sentences imposed by Federal courts in criminal cases, the nature and circumstances of the offenses, and the history and characteristics of the defendants; (2) develop advisory sentencing guidelines for Federal judges to use in imposing sentences; (3) make available at least annually to Federal courts and other persons such guidelines and information concerning patterns and practices in the sentencing of persons convicted of Federal offenses; (4) evaluate the impact of such guidelines on prosecutorial discretion, plea bargaining, and unwarranted sentencing disparities; and (5) report annually to Congress on such activities, including legislative recommendations. Specifies factors which a court must consider in determining a particular sentence, including: (1) effective alternatives to imprisonment; and (2) any applicable advisory sentencing guidelines. Allows a defendant to commence proceedings for an appeal of a sentence by filing a petition with the court of appeals which contains a statement showing a substantial basis for determining that such sentence is clearly unreasonable. Disallows such review if: (1) the sentence was part of a plea agreement and was agreed to by the parties or was no greater than the Government attorney agreed to accept under the Federal Rules of Criminal Procedure; or (2) review is available through the current provision for dangerous special offenders. Directs the appellate court to determine whether such a showing has been made. Allows the court to direct the production of portions of the record, the presentence report, a report of a diagnostic facility, and any other documents which were before the sentencing judge. Requires, upon the granting of such petition, that certain information, including any findings of the court upon which the sentence was based, be certified to the appellate court. Directs such court to: (1) affirm the sentence upon a determination that the sentence is not clearly unreasonable; or (2) remand the case for resentencing or further proceedings if the sentence is clearly unreasonable. Stipulates that a defendant upon remand shall not receive a more severe sentence than the sentence reviewed.