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United States · Official source
3,189 records where Rep. Howard, James J. [D-NJ-3] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 25 October 1979
Pay Continuity Act of 1979 - Appropriates the funds necessary to pay the salaries of employees of the executive branch of Government, Members of Congress, and members of the uniformed services during any period when such funds are not available because the legislation making appropriations to the Government entity responsible for paying such individuals has not been enacted.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 23 October 1979
Home Energy Tax Relief Act of 1979 - Title I: Low- and Middle-Income Energy Tax Credit - Amends the Internal Revenue Code to allow low- and middle-income taxpayers a refundable income tax credit for the cost of fuel which is used as the principal source of heating or cooling such taxpayer's principal residence. Limits the amount of such credit to $300 for oil or kerosene, or $150 for any other fuel. Reduces the amount of such credit for taxpayers whose adjusted gross income exceeds $15,000, and for whom suppliers receive reimbursements under title II of this Act. Allows renters an income tax credit for fuel costs equal to 25 percent of rent paid for the taxable year. Specifies a minimum tax credit of $150 for taxpayers whose principal residence uses a renewable energy source (wind, solar, or geothermal energy) for heating or cooling. Permits the disregarding of any benefits conferred by this Act in determining eligibility for any Federal or State public assistance program. Disqualifies any estate, trust, nonresident alien, or any individual residing in a housing project assisted under the United States Housing Act of 1937 from eligibility under this title. Title II: Residential Fuel Assistance Program for Low-Income Households - Directs the Secretary of the Treasury to establish a residential fuel assistance program, and disseminate, with the assistance of the Department of Energy, information about such program which is designed to reach all eligible individuals. Permits taxpayers who are eligible to receive an income tax credit under title I of this Act to apply to the Secretary for assistance under the residential fuel assistance program after the close of the fifth month of the taxable year. Sets forth the information which taxpayers must include in their application for assistance. Directs the Secretary to establish an account for each individual eligible for assistance under this title, and to reimburse fuel suppliers of such individuals for the cost of home heating fuel supplied them, not to exceed the amount of tax credit to which such individual is entitled. Specifies that an individual taxpayer is eligible for assistance under this title only if his adjusted gross income is less than 175 percent of the poverty level, as determined according to criteria established by the Office of Management and Budget, and if he purchases home heating fuel directly from a supplier. Permits reimbursement to suppliers on a monthly basis. Requires suppliers to certify to the Secretary information with respect to the sale of fuel to taxpayers eligible for assistance under this title. Authorizes the Comptroller General to audit the records of any supplier reimbursed under this title. Prohibits any supplier of home heating fuel from refusing to deliver fuel to any individual solely because such individual is participating in the residential fuel assistance program. Prohibits suppliers who receive reimbursement under this title from: (1) supplying residential fuel to individuals receiving assistance under this title on different terms than those applicable to all other individuals; and (2) terminating delivery of fuel to an individual receiving such assistance without providing written notice of termination to such individuals at least 21 days prior to termination. Prescribes fines and criminal penalties for intentional violations of requirements established by this title. Authorizes appropriations to carry out the provisions of this title. Terminates the provisions of this Act for taxable years beginning after December 31, 1983.
United States · United States Congress · 22 October 1979
Amends the Central Intelligence Agency Act of 1949 to authorize payment of a gratuity (equal to one year's salary at time of death) to the surviving dependents of officers or employees of the Central Intelligence Agency who die as a result of injuries sustained outside of the United States upon a determination by the Director of Central Intelligence that the death resulted from hostile or terrorist activity or occurred in connection with an intelligence activity having a substantial element of risk.
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 President should instruct the U.S. delegation to the 1980 Madrid meeting of the Conference on Security and Cooperation in Europe to seek free elections supervised by the United Nations in the Baltic States after the withdrawal of all Soviet military and civilian personnel. Expresses the sense of Congress that the President should inform and gain the support and cooperation of other nations in realizing independence for the Baltic States. Expresses the sense of Congress that the: (1) President should warn the Soviet Union against making citizenship claims on U.S. citizens; and (2) Secretary of State should inform U.S. citizens planning to visit the Soviet Union of the implications of the Soviet law on citizenship.
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
Designates the week beginning June 22, 1980, as "National Deaf Awareness Week."
United States · United States Congress · 16 October 1979
Calls upon the President, with respect to Chile, to: (1) recall the U.S. Ambassador to Chile; (2) apply statutes limiting assistance to countries with terrorist governments or countries harboring terrorists; (3) prohibit deliveries of defense articles or services; (4) recall all military personnel; (5) prohibit the issuance of U.S. visas to Chilean military or intelligence personnel; (6) prohibit credits or loan guarantees to be granted by the Export-Import Bank; (7) prohibit the granting of export licenses; (8) order the immediate suspension of private bank loans; and (9) demand that Chilean rights be fully restored.
United States · United States Congress · 12 October 1979
Amends the Elementary and Secondary Education Act of 1965 to include the acquisition of band instruments for the use of children and teachers in elementary and secondary schools for such uses as the school administration considers desirable among those purposes for which the Commissioner of Education is directed to carry out a program of making grants to States for libraries and learning resources.
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 · 28 September 1979
National Historic Preservation Amendments of 1979 - Amends the Act known as the "National Historic Preservation Act of 1966" to officially entitle such Act the "National Historic Preservation Act." Declares under such Act, that it is the duty of the Federal Government, in cooperation with other nations, the States, local communities, and private organizations and individuals, to promote the preservation and conservation of the historic, architectural, archaeological, and cultural resources of the United States and of the international community of Nations. Declares that the Federal Government shall give priority to preservation activities for the revitalization of urban areas, the conservation of agricultural areas, the creation of local employment opportunities, and the conservation of energy. Directs the Administrator for Historic Preservation appointed pursuant to this Act to establish and maintain a National Register of Historic Places at the national, State, or local level in accordance with procedures set forth in this Act. Requires that such properties shall: (1) be of national or world heritage significance; (2) involve a direct or indirect public investment; and (3) be legally dedicated to preservation. Directs the Administrator, not later than one year after his initial appointment, to establish an Inventory of Historic Resources on a State-by-State basis. Declares that those properties which are determined to meet the criteria of significance, but which lack the other requirements for inclusion in the National Register, shall be designated as eligible for inclusion on the Register. Makes such Inventory available to all Federal, State, and local government departments, agencies, and instrumentalities. Requires the Administrator to promulgate regulations concerning nondisclosure to the public of any property location where such disclosure would be likely to endanger the property. States that properties included in such inventory and designated as eligible properties shall be treated as certified historic structures under provisions of the Internal Revenue Code, unless the Administrator finds that such treatment would not further the purposes of this Act. Declares that such properties shall be entitled to financial assistance in accordance with provisions of such Act. Directs the Administrator to review, during the one-year period following enactment of this Act, all properties included in the National Register under prior authority of law. Requires the Administrator to include each property designated as "National Historic Landmarks" under prior authority and each property which meets the requirements of this Act in the National Register. Provides that those properties included in the Register under prior authority, but which do not meet all the requirements under this Act shall be designated in the Inventory as "eligible properties." Allows any State or local government carrying out an approved program under this Act or any Federal agency to nominate a property for inclusion in the Register or for inclusion in the Inventory as an eligible property. Requires such information to be included in the Register, as appropriate, unless the Administrator disapproves such nomination within 30 days of its receipt. Allows the Administrator to accept a nomination from any person, if the property nominated is located in a State or political subdivision where there is no approved program. Requires the Administrator to determine the eligibility or inclusion of such property in the Register. Allows the Administrator on his own motion or at the request of any person, to include any property on the Inventory and designate such property as eligible if he determines such property to meet the requirements of this Act. Declares that a property shall be considered of national significance when: (1) the Congress so designates a property; (2) a property is included in the National Park System as a historical unit; or (3) the Administrator determines the property to be of national significance. States that a property shall be considered to be of World Heritage significance when it is included in the World Heritage list maintained in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage. Declares that a property shall be considered a public investment if government agency fund expenditures directly or indirectly contribute substantially to the preservation of such property, or if a Federal income tax deduction or similar State or local measure is taken with respect to the amortization of amounts spent for rehabilitation of a certified historic structure. Provides that a property shall be treated as legally dedicated to preservation when: (1) an easement, or other property interest, requiring preservation of significant features of such property for not less than 30 years is held by any person or government entity or is otherwise legally binding on the owner; (2) such property is under public ownership and managed for preservation; or (3) any State or local law provides for the designation or preservation of such property. Requires the Administrator to promulgate regulations to carry out the purposes of this Act. Directs the Administrator to establish and administer grant-in-aid programs to States and the National Trust for Historic Preservation, and programs of direct grants, loans or loan guarantees for historic preservation. Authorizes the Administrator to make grants to States, upon application, for programs approved under this Act. Prohibits such grants from paying more than 50 percent of the costs of such programs. Provides that the remaining 50 percent shall be contributed by non-Federal sources, and of such percentage not more than 25 percent may be contributed in the form of property or services, or both. Requires the Administrator, upon approval of such programs, to evaluate such programs every four years to determine whether or not such programs are in compliance with the requirements of this Act. Requires the Administrator to conduct periodic fiscal audits of the recipients of Federal grants. States that State and local governments may assume the responsibility for financial and compliance audits of Federal grants received by them and other persons or organizations and their subgrantees. Declares that the Federal Government shall be responsible for audits which deal with economy, efficiency, and program results and for assuring that such financial and compliance audits are conducted under generally accepted audit standards. Directs State and local governments receiving grants to set forth in writing criteria by which they judge whether they are meeting program requirements, to be available for use by the auditors. Directs the Administrator to reimburse State and local governments for actual expenses incurred in conducting such audits. Sets forth the following requirements for approval of State programs: (1) designation by the Governor of a State historic preservation officer; (2) transfer of not less than 50 percent of the grants received to political subdivisions of the State having preservation programs; (3) provision of financial mechanisms for the development of properties on the National Register or in the Inventory of Historic Resources; (4) provision of mechanisms for the acquisition, acceptance of donations, and dedication of fee title in applicable properties; (5) provisions for relocation assistance to persons or businesses affected within the historic district; (6) giving priority to projects that will conserve energy, are labor intensive, or will further urban revitalization or agricultural conservation; (7) provision of a professional acceptable mechanism for the identification, evaluation, and protection of historic properties within the State; and (8) otherwise carrying out the purposes of this Act. Sets forth restrictions for grants made under this Act for the improvement of properties. Prohibits grants made under this Act for the improvement of properties. Prohibits grants made for any single property to exceed $50,000. Prohibits any grant to any State in any fiscal year to exceed ten percent of such funds to carry out a comprehensive statewide survey of historic resources. Requires that no more than 15 percent of such grant be used for improvement of government buildings used for governmental purposes. Sets forth procedures for the allocation by States of grants to political subdivisions. Allows the Administrator to allocate funds to any political subdivision of any State that does not have an approved program within two years after the date of enactment of this Act. Sets forth procedures for approval of State historic preservation programs in effect under prior authority of law. Sets forth conditions for grants and loans that may be made by the Administrator for: (1) the preservation of properties of national or world heritage significance; (2) demonstration projects to preserve any eligible property or property on the National Register; (3) the training and development of skilled labor in trades and crafts and in curation relating to historic preservation; and (4) Indian tribes for the preservation of historic properties. Provides that any such loans made by the Administrator shall be at an interest rate determined by the Secretary of the Treasury guided by applicable provisions of this Act. Authorizes the Administrator to make loan guarantees for any project approved by the State historic preservation officer, or the chief elected official of any State that does not have an approved program. Sets forth conditions for loans and loan guarantees made by the Administrator in consultation with the Secretary of Treasury. Authorizes the Administrator to deem any portion of any record, material, or data received in connection with any financial application as privileged or confidential within the meaning of applicable law. Establishes as an independent agency a Historic Preservation Agency to be under the direction of the Administrator for Historic Preservation, appointed by the President by and with the advice and consent of the Senate. Directs the President to establish an Advisory Council on Historic Preservation to be composed of the following members: (1) the Secretary of the Interior and the Architect of the Capitol; (2) four agency heads (other than the Department of the Interior) whose activities affect historic preservation; (3) representatives of the National Conference of State Historic Preservation Officers, the National Trust for Historic Preservation, and four professionals in the fields of history, architecture, archeology, urban planning, or related disciplines; (4) three State governors or mayors; and (5) three at large members of the general public. Sets forth requirements and procedures to be followed in the operation of the Council. Authorizes the Council to conduct hearings and make determinations and recommendations with respect to the protection of historic properties. Requires the Council, when transmitting legislative recommendations, testimony, or comments on legislation to the President or the Office of Management and Budget, to concurrently transmit such copies thereof to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Sets forth the duties of the Administrator including: (1) advising the President and the Congress on matters relating to historic preservation; (2) encouraging public interest and participation in historic preservation; (3) conducting studies relating to historic preservation and the effects of tax policies on such preservation; (4) assisting State and local governments in drafting appropriate legislation; (5) providing training and education in the field of historic preservation; and (6) maintaining the historic register, surveys, and records of the agency. Requires the Administrator to submit an annual comprehensive report of his activities and the results of his studies to the President and the Congress. Authorizes the Administrator to accept donations and bequests of money and real and personal property, and to use such donations in accordance with provisions of this Act. Directs the Administrator, consistent with the provisions of this Act, to institute a program of education and training relating to historic preservation for Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations connected with the World Heritage Convention. Directs the Administrator to increase the awareness of historic resources and preservation among the student population of the United States, to develop mechanisms to give the public a greater knowledge of historic resources in the cultural heritage of the United States, and to establish a program for training and development of skilled labor in trades and crafts relating to historic preservation. Requires the Administrator to review the policies and programs of Federal agencies whose activities are under the purview of this Act. Directs the Administrator to promulgate guidelines relative to archaeological and historical data for Federal agencies consistent with provisions of this Act. Directs the Administrator, within one year after his appointment, to establish, jointly with the Secretaries of the Interior, Agriculture, and Defense, and the Administrator of the General Services Administration, standards for the management and preservation of federally owned historic properties. Directs the Administrator to review and approve the plans of transferees of surplus federally owned properties eligible for or on the National Register to ensure historic preservation in the rehabilitation of such properties. Requires all Federal agencies administering any program of Federal assistance to any State or local government or under which any Federal approval is required to coordinate such program with the purposes of this Act. Requires such agencies to submit proposals to the Administrator, within 180 days after his appointment, relative to their preservation activities. Directs the Administrator to designate National Historic Landmarks and World Heritage properties and to submit such designations to the appropriate World Heritage properties and to submit such designations to the appropriate congressional committees 30 days after such designations become effective. Directs the Administrator to encourage and coordinate United States participation in the Convention Concerning the Protection of the World Cultural and Natural Heritage and other international historic preservation activities in cooperation with the Secretaries of the Interior and State, and the Smithsonian Institution. Requires the Administrator to establish a program to nominate historic properties to the World Heritage Committee on behalf of the United States. Requires such nominations to be submitted to the appropriate congressional committees 60 days prior to the intended action. Authorizes the participation of the United States as a member of the International Centre for the Study of the Preservation and Restoration of Cultural Property. Authorizes the appropriation of the sums necessary for United States membership in the Centre for fiscal years 1979 through 1989. Directs the Administrator to establish a program to encourage tourism by people of other nations to historic properties of the United States, reflecting the diverse, ethnic and cultural heritages of the citizens of the United States. Requires each Federal agency to notify the Administrator 45 days prior to any undertaking outside the United States that may affect a property on the World Heritage list or which has been nominated for inclusion on such list. Requires the head of each Federal agency to designate a Preservation Officer responsible for coordinating the agency's activities under this Act. Requires each agency having jurisdiction or control over properties on the National Register to submit property management plans to the Administrator for comment within one year after the date of enactment of this Act. Directs the Secretary of the Interior to study and investigate properties included in the National Register which are under the jurisdiction or control of Federal agencies. Authorizes the Secretary to recommend to the President the transfer of administrative jurisdiction or control of such properties to him as a unit of the National Park System. Requires such recommendation to be concurrently submitted to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Authorizes the Secretary, upon the concurrence of the Administrator, to accept gifts or donations of less than fee interests in any properties in the National Register, where such acceptance will facilitate the preservation of such property. Authorizes each Federal agency having authority for management of any real property, with the concurrence of the Administrator, to lease or exchange with any person or organization the management of properties on the National Register. Requires the proceeds of such leases to be retained by the agency to defray the expenses with respect to such properties, and the surplus proceeds to be deposited in the United States Treasury. Allows the heads of such agencies to enter into contracts for the management of such properties. Directs all Federal agencies to cooperate with purchasers and transferees of eligible property or property included in the National Register in the development of plans for uses of such property comparable with preservation and conservation objectives without imposing unreasonable economic burdens on public or private interests. Requires each Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State to survey the affected area to determine the effect of such undertaking on the protection of historic properties. Authorizes the Administrator to promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from the requirements of this Act. Authorizes all Federal agencies to expend appropriated funds for purposes of this Act. Requires each Federal agency to provide the Administrator a 45-day comment period with respect to any program or policy that may affect historic properties. Defines terms used in this Act. Establishes a Historic Preservation Fund in the Treasury of the United States to be funded from revenues payable to the United States under the Outer Continental Shelf Lands Act or the Act of June 4, 1920, or both. States that not less than two-thirds of appropriated funds shall be available for other grants or loans and for the Administrator to carry out his duties under this Act. Directs the Administrator to establish regulations to insure maximum public participation in all activities of the Administrator, the Council, other Federal agencies, States, and units of local governments in carrying out requirements under this Act. Declares that grants made under this Act may not be used to satisfy requirements of other provisions of law requiring matching by State or local funds nor shall they be treated as taxable income for purposes of the Internal Revenue Code of 1954. Grants attorney fees to any person who prevails in any civil action brought in any United States district court against any Federal agency to enforce the requirement relating to the protection of historic properties in connection with the action of a Federal agency. Authorizes the Administrator to establish an annual preservation awards program under which he makes awards to Federal, State, or local government officers or employees in recognition of their outstanding contributions to the preservation of historic resources. Allows the President to award any citizen of the United States recommended for such award by the Administrator. Directs the Administrator to promulgate regulations for carrying out the awards program. Authorizes the Administrator to delegate to any State having an approved program under this Act the authority to carry out responsibilities under the National Environmental Policy Act of 1969 with respect to such approved program. Transfers the provisions of various Acts relating to historic preservation responsibilities from the Secretary of the Interior to the Administrator for Historic Preservation. Authorizes the Administrator to issue an order to postpone for 60 days any action undertaken, or being undertaken, by any Federal agency, or agency or instrumentality of a State or local government, or by any other person if such action may adversely affect any property included in the National Register. Directs the Administrator, during the period, to endeavor to develop an acceptable preservation plan for the affected property, or to exercise his emergency acquisition authority provided under this Act. Provides procedures for the assessment of civil penalties for violations of such orders, and for judicial review in the United States District Court for the District of Columbia or any other district in which such person resides. Provides procedures for administrative hearings for the assessment of civil penalties. Establishes the Pension Building in Washington, District of Columbia, as a national historic site to be named the "National Center for the Building Arts." Requires the Administrator of the General Services Administration to transfer such building and lands to the jurisdiction of the Secretary of the Interior. Directs the Secretary to administer the management of the Center in accordance with provisions of this Act and other Acts generally applicable to units of the National Park System. Authorizes the Secretary to enter into contracts with the National Building Arts Foundation relating to management of such Center. Appropriates $15,000,000 to be used for the renovation of the Center. Establishes a National Building Arts Foundation and specifies programs it shall carry out relating to the building arts. Directs the Foundation to coordinate its activities with other public and private organizations and individuals in order to avoid duplication of efforts relating to the functions of the Foundation. Establishes a Board of Trustees of the Foundation and provides for the funding of the Foundation. Directs the General Accounting Office to review and audit regularly the accounts of the Foundation to determine the ability of the Foundation to pay for the functions of the Center. Requires the Foundation to submit annually a report to the appropriate congressional committees containing a statement of its activities pursuant to this Act and a proposal for its programs during the succeeding four years. Provides emergency acquisition procedures for the Administrator for any properties eligible for or in the National Register where such properties are threatened with demolition or impairment. Directs the Administrator, in consultation with the American Folklife Center of the Library of Congress and the Buildings Arts Foundation, to report within two years after the date of enactment of this Act, to the President and the Congress on preserving and conserving the intangible elements of our cultural heritage. Requires the report to include recommendations for legislative and administrative action by the Federal Government relating to such heritage. Directs the Administrator for the Historic Preservation Agency to submit the following reports: (1) to the President and the Congress within eight years on the operation of the Historic Preservation Fund; (2) to the Congress within 90 days of his appointment on his study of the Pennsylvania Avenue Development Corporation; (3) to the President and Congress within one year of his appointment on recommendations with respect to Federal tax laws relating to historic preservation; and (4) to the President and the Congress within two years of enactment of this Act on recommmendations for the creation of a National System of Cultural Parks. Amends the Pennsylvania Development Corporation Act to require any historic property demolition, or other rehabilitation, to be in accordance with applicable Federal and District of Columbia laws.
United States · United States Congress · 28 September 1979
Commission on Wartime Relocation and Internment of Civilians Act - Establishes the Commission on Wartime Relocation and Internment of Civilians to: (1) determine whether a wrong was committed against American citizens and permanent resident aliens who were subjected to relocation or internment as a result of Executive Order Numbered 9066 and other associated Government acts; and (2) recommend appropriate remedies. Directs the Commission: (1) to hold public hearings in specified cities; and (2) within 18 months after enactment of this Act, to submit a final report of its findings and recommendations to Congress and the President. Terminates the Commission six months after such report is submitted.
United States · United States Congress · 28 September 1979
Exempts nonprofit veterans' organizations and nonprofit fraternal organizations from the requirement that certain musical performance royalties be paid to copyright holders.
United States · United States Congress · 27 September 1979
Amends the Department of Education Organization Act to establish an Office of Private Education to be administered by the Assistant Secretary for Private Education. Terminates the Office of Non-Public Education.
United States · United States Congress · 26 September 1979
Amends the Internal Revenue Code to provide that the standard mileage rate used in computing the charitable deduction for expenses incurred in the operation of a motor vehicle shall be the same as the standard mileage rate established by the Secretary of the Treasury for the business related deduction.
United States · United States Congress · 25 September 1979
Amends the Emergency Petroleum Allocation Act of 1973 to direct the President to promulgate a regulation to hold down the price of diesel fuel and Number 2 fuel oil at their respective levels in effect on January 1, 1979.
United States · United States Congress · 24 September 1979
Transportation Systems Efficiency Act of 1979 - Title I: - Amends the Urban Mass Transportation Act of 1964 to stipulate that the authorization of funds for public mass transportation projects under such Act shall remain available for obligation for the three fiscal years after the fiscal year for which the authorization was made. Authorizes the Secretary of Transportation to make grants for energy conservation projects on nontoll public roads to reduce traffic congestion and facilitate traffic flow on a Federal-aid system highway. Stipulates that the Federal share of such a project shall be 90 percent of its cost. Authorizes appropriations for fiscal years 1981 through 1990 out of the Public Transportation Trust Fund (as established by title III of this Act) for projects under the Urban Mass Transportation Act of 1964 and for public mass transportation projects substituted for Interstate Highway System projects. Title II: - Authorizes the Secretary of Transportation to apportion funds for the repair of public roads which have incurred a substantial increase in use as a result of transportation activities to meet national energy requirements and which will continue to incur such use. Stipulates that the Federal share of such a project shall be 80 percent of its cost. Authorizes appropriations for fiscal years 1980 through 1990 for such purpose out of the Highway Trust Fund and out of the Energy Trust Fund (as established by H.R. 3919 of the 96th Congress or its equivalent). Authorizes the Secretary to make grants to separate rail highway crossings where there is a substantial increase in the use of rail facilities in transporting coal to meet national energy requirements and where the continued use of such facilities will result in substantial delays of highway travel. Stipulates that the Federal share of such a project shall be 80 percent of its cost. Authorizes appropriations for such purpose for fiscal years 1980 through 1990 out of the Highway Trust Fund and the Energy Trust Fund. Title III: Public Transportation Trust Fund - Establishes within the Treasury of the United States the Public Transportation Trust Fund. Appropriates to such Fund 25 percent of the amounts received by the Treasury pursuant to the windfall profit tax on domestic crude oil. Stipulates that the proceeds of such Fund shall be used for making capital expenditures for public transportation projects or transportation systems projects under the Urban Mass Transportation Act of 1964 or under title 23 (Highways) of the United States Code.
United States · United States Congress · 19 September 1979
Transportation Energy Efficiency Act of 1979 - Title I: Energy Efficient Public Transportation - Amends the Urban Mass Transportation Act of 1964 to authorize appropriations for fiscal years 1981 through 1989 from the Energy Security Trust Fund to finance grants, loans, and/or contracts for: (1) Federal financial assistance to State and local agencies for the construction or improvement of mass transportation systems; (2) public transportation projects substituted for segments of Interstate highway; (3) buses and bus facilities; and (4) projects for the deployment of innovative techniques and methods in the management and operation of public transportation services. Limits the amount of such funds which may be appropriated for allocation by the President. Title II: Improved Automobile Use - Permits the Secretary of Transportation to increase the Federal share of Interstate Highway costs to at least 90 percent for energy conservation projects. Authorizes the Secretary to make grants to governments and private organizations of 90 percent of the costs for energy conservation projects and for the purpose of planning, implementing, or evaluating innovative transportation strategies for more efficient use of automobiles and alternatives to low occupancy automobiles. Permits the inclusion in highway safety programs of programs for increased automotive fuel efficiency, including improved driver practices and vehicle operation and maintenance with funding provided from the Energy Security Trust Fund. Authorizes appropriations from such Fund for fiscal years 1980 through 1989 for carrying out the national maximum speed limit, energy conservation projects, and highway safety programs. Limits the percentage of funds to be used for public information programs directed to improve automobile usage and administrative costs. Authorizes appropriations out of the Highway trust fund for liquidation of obligations incurred for highway projects approved on or after the Transportation Energy Efficiency Act. Reduces the apportionments to States where a segment of the Interstate system is withdrawn for a substituted public mass transit project and makes a revised estimate of the Federal share of the costs of such segment available for highway substitution projects.
United States · United States Congress · 13 September 1979
Solar Energy Incentive Tax Act of 1979 - Amends the Internal Revenue Code to allow an additional 40 percent investment tax credit for solar energy property. Extends the termination date for such credit to December 31, 1985. Increases the residential energy credit for renewable energy source expenditures to 50 percent of such expenditures up to $10,000. Qualifies solar energy property which performs more than one energy-related function for the residential energy credit.
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 · 6 September 1979
Directs the Secretary of Transportation to apportion the funds authorized to be appropriated for fiscal years 1981 and 1982 for the National System of Interstate and Defense Highways according to specified apportionment factors.
United States · United States Congress · 2 August 1979
Fuel Savings Truck Weight Act of 1979 - Establishes national uniform gross weight and length limits for vehicles using the Interstate Highway System during fuel emergencies. Authorizes the President to declare such a condition when he finds that a shortage of fuel is seriously disrupting the interstate trucking industry. Stipulates that such standards shall apply for 90 days. Authorizes the President to extend such time period under specified conditions.
United States · United States Congress · 2 August 1979
Sales Representatives Protection Act - Title I: Contracts Between Sales Representatives and Principals - Requires a principal to furnish specified information to a sales representative concerning orders placed through the representative's account and a monthly accounting of commissions due such representative. Enumerates items which must be set forth in any contract between a sales representative and a principal. Title II: Indemnification - Exempts principals conforming with such information requirements from the indemnification provisions set forth in this Act. Requires a principal who, without good cause, terminates a contract between such principal and a sales representative, or reduces the rate of commission for orders solicited on behalf of such principal, to indemnify the representative according to this Act. Requires a principal who reduces the size of the geographic territory assigned to a representative for a specified account, which results in a specified reduction in commissions, to indemnify such representative. Sets forth formulae for the indemnification of such representatives. Title III: Miscellaneous - Allows a plaintiff to bring an action to enforce any rights or liabilities created by this Act in a United States district court. Stipulates the procedure for such action.
United States · United States Congress · 31 July 1979
North Pacific Fur Seal Protection Act of 1979 - Title I: Termination of Convention - Expresses the sense of Congress that the Interim Convention on the Conservation of North Pacific Fur Seals should not be continued. Declares that the President should terminate such Convention and enter into negotiations for an international agreement banning all killing of such seals. Title II: Protection of Seals - Directs the Secretary of the Interior to establish the Pribilof Wildlife Refuge. Directs the Secretary of Commerce to designate that part of the fishery conservation zone extending seaward of the Pribilof Islands, Alaska, as a marine sanctuary. Prohibits the taking of seals within such Refuge and marine sanctuary, unless by the natives for subsistence purposes. Sets forth sanctions for violations of these provisions. Directs the Secretaries to employ, to the greatest extent possible, Pribilof Islands natives as rangers and guides. Stipulates that this title shall become effective upon termination of the Convention. Title III: Advisory Council; Social Services Programs - Provides for the establishment of an advisory committee to study and recommend to Congress alternative means of developing a livelihood for Pribilof Islands natives in lieu of the taking of seals, upon the termination of the Convention. Requires the Secretary of the Interior to assure that the income of Pribilof Islands natives engaged in the taking of seals be maintained, after the prohibition on the taking of seals takes effect. Title IV: Other Provisions of Law - Repeals title I (Conservation and Protection of North Pacific Fur Seals) of the Fur Seal Act of 1966. Stipulates that the Marine Mammal Protection Act of 1972 shall not apply if the taking of seals is prohibited under this Act.
United States · United States Congress · 31 July 1979
Amends the Communications Act of 1934 to prohibit the manufacture, importation, installation, offer to sale, rent, or lease, or other distribution of telephone receivers or similar equipment manufactured after the date of enactment of this Act for use in connection with any interstate or foreign communication, unless such receiver or equipment is designed and manufactured to permit telephone reception by means of hearing aids with inductive receptors. Establishes fines for violations of this Act.
United States · United States Congress · 31 July 1979
Expresses the sense of the House of Representatives that the Congress should promptly enact the President's April 5, 1979, proposal providing for solar energy tax credits and that such enactment should take effect retroactively to such date.
United States · United States Congress · 27 July 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 27 July 1979
Title I: Purposes and Definitions - Declares that the purpose of this Act is to provide for a coordinated, simplified, and prompt process for Federal 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. Stipulates that any action by the Board in designating a priority energy project shall not be considered as a "major Federal action" for purposes of the National Environmental Policy Act of 1969 (NEPA). Directs the Council on Environmental Quality to determine whether any Federal action relating to the 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 NEPA. Directs the Board to designate Priority Energy Projects, based on specified criteria, and to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Directs the President to make any decisions or perform any actions in the event that an agency or department fails to meet its deadline. Stipulates that nothing in this Act shall prohibit any agency from making a negative determination with regard to such projects if it is within the agency's authority to do so, and provides that in the event a negative decision is rendered, the Priority Energy Project designation shall be terminated. Limits to 24 the number of Priority Energy Projects to be designated in any one year. Provides for coordination of the actions of Federal, State, and local governments. Directs the Board to recommend to any State Governor and to the Congress actions to alleviate or prevent any delays in a priority project created or threatened by any State or local government. Authorizes waivers of Federal, State, or local law upon the Board's determination that any Federal, State, or local time requirement for agency action is unreasonable and would impede the making of any agency decision. Specifies the procedure for obtaining such waivers. Title III: Judicial Review and Miscellaneous Provisions - Limits judicial review to cases of absolute necessity involving alleged denial of rights under the United States Constitution or violations of statutory jurisdiction, authority, limitations, or rights. Sets time limits for filing claims arising out of actions taken pursuant to this Act, and bars any claims filed thereafter. Stipulates that such claims shall be brought in the district court of the district in which the Priority Energy Project would be located, and grants exclusive original jurisdiction to such court in such matters. Directs such court to give precedence to such matters over all other matters on the court's docket, to the greatest extent practicable. Authorizes the Supreme Court, exclusively, to review interlocutory judgments or orders of the district court pursuant to this title, and directs the Supreme Court to give precedence to such matters. Terminates the Board's authority to designate priority projects seven years after the date of enactment of this Act. Authorizes the appropriation of $2,000,000 for fiscal year 1980 to carry out this Act.
United States · United States Congress · 26 July 1979
Campaign Contribution Reform Act of 1979 - Amends the Federal Election Campaign Act of 1971 to prohibit any multicandidate political committee (other than a multicandidate committee of a political party) from making contributions to a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and his or her authorized committees which in any calendar year exceeds: (1) $5,000 with respect to any general or special election and a primary election relating to such election; or (2) $7,500 (but not more than $5,000 for one election) with respect to a general or special election and both a primary and runoff election relating to such election. Prohibits a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress or any authorized political committee from accepting contributions from political committees, other than committees of a political party, aggregating more than $50,000 in any calendar year, except in the case of a candidate who is a candidate in a general election and a special election, such candidate may accept such contributions aggregating: (1) $50,000 with respect to such general and any primary election relating to such general election; and (2) $50,000 with respect to such special election and any primary election relating to such special election. Specifies that any contribution made in a year, other than the calendar year in which the election is held, is considered to be made in the calendar year in which such election is held, and any contribution made after the date of such election shall be considered a contribution with respect to such election only if such contribution is used to pay obligations incurred with respect to such election. Specifies that any extension of credit for goods or services relating to advertising on broadcasting stations, in newspapers or magazines, by direct mail or other similar types of general public political advertising shall be considered a contribution, if such extension of credit is: (1) in an amount of more than $1,000; and (2) for a period of more than 30 days.
United States · United States Congress · 26 July 1979
Amends the Act of April 8, 1935 to increase the number of members of the board of trustees of Trinity College of Washington, D.C., to a minimum of nine (currently eight) and a maximum of 30 (currently 15). Removes the restriction of board membership to members of the Congregation of Sisters of Notre Dame of Namur.
United States · United States Congress · 26 July 1979
Truck Safety Act - Stipulates that the provisions of this Act shall apply to all commercial motor vehicles over 10,000 pounds gross vehicle weight rating (except vehicles engaged in farming or logging operations). Directs the Secretary of Transportation to establish, maintain, and monitor safety rules and regulations to assure that: (1) commercial motor vehicles are safely maintained, equipped, loaded, and operated; (2) the responsibilities imposed upon drivers of such vehicles do not impair a driver's ability to operate such vehicle safely; and (3) the health and physical condition of such drivers will be adequate to enable them to drive the vehicles they operate. Directs the Secretary to regulate the working conditions and operating practices of employees of commercial motor vehicle carriers and to establish safety and health regulations with regard to such individuals. Directs the Secretary to conduct research, development, demonstration, and training activities to develop such rules and regulations. Authorizes the Secretary to require persons subject to this Act to maintain such records and make such reports as are necessary to insure compliance with this Act. Authorizes the Secretary to prescribe the manner, type, and frequency of medical examinations to be provided by an employer to employees exposed to health or safety hazards. Authorizes the Secretary to conduct investigations and inspections without notice to enforce this Act. Requires the Secretary to timely investigate nonfrivolous complaints alleging a material violation of safety or health rules or regulations. Sets forth civil and criminal penalties for such violations. Provides for judicial review of final orders with respect to such alleged violations. Prohibits an employer from discriminating or taking punitive actions against employees who complain of health or safety violations, who participate in any proceeding regarding such alleged violations, or who refuse to operate a vehicle when to do so would materially violate motor carrier safety violations. Requires States which agree to enforce this Act to submit an enforcement plan to the Secretary for approval. Sets forth requirements which must be included in any such plan. Authorizes appropriations, out of the Highway Fund for each fiscal year, of such sums as are required to provide incentive assistance to States to develop and institute such enforcement plans. Requires the Secretary to submit annual reports to the Congress regarding current plans to upgrade commercial motor vehicle safety and driver safety and health. Directs the Secretary to submit a report to Congress within 12 months regarding the advisability of establishing a national commercial vehicle driver register to upgrade safety through improved monitoring of traffic accidents and violations and of multiple State licensing. Authorizes the Secretary to exempt State commercial motor vehicle safety standards or regulations from the provisions of this Act under specified conditions. Authorizes appropriations in such sums as Congress may deem necessary to carry out the provisions of this Act.
United States · United States Congress · 23 July 1979
Authorizes and requests the President to designate August 31, 1980, as "Working Mother's Day."
United States · United States Congress · 13 July 1979
Directs the Secretary of Energy to construct and operate national demonstration facilities for the conversion of garbage and other solid waste materials into fuels. Sets forth requirements for the siting and operating of such facilities, and specifies that one such facility shall be located in New Jersey.
United States · United States Congress · 13 July 1979
Expresses the sense of the House of Representatives that the Soviet Union, Bulgaria, Yugoslavia, and Romania are urged: (1) to release certain political prisoners; and (2) to halt the incarceration and harassment of individuals contrary to the Helsinki Accords.
United States · United States Congress · 12 July 1979
Amends the Internal Revenue Code to allow a refundable income tax credit for amounts paid or incurred for television subtitle equipment for use by hearing-impaired individuals.
United States · United States Congress · 10 July 1979
Designates the period of April 13 through April 19, 1980, as "Days of Remembrance of Victims of the Holocaust."
United States · United States Congress · 10 July 1979
Declares that the Soviet authorities should: (1) release a copy of the judgment against Anatoly Shcharansky; and (2) free Shcharansky and other Prisoners of Conscience and permit their emigration to Israel.
United States · United States Congress · 10 July 1979
Declares it the sense of Congress that the Postmaster General and the Citizens Stamp Advisory Committee should give favorable consideration to the issuance of a commemorative postage stamp in honor of Americans of Italian descent and the 250th anniversary of the birth of Philip Mazzei on December 25, 1980, or as soon as possible thereafter. States that the Postmaster General and the Committee should honor other foreign-born contributors to the revolutionary cause, from countries which have not yet been commemorated, prior to the conclusion of the American Bicentennial celebration in 1983.
United States · United States Congress · 28 June 1979
Smaller Enterprise Regulatory Improvement Act - Amends the Small Business Act to require each Federal agency to publish semiannually an agenda of those rules which may be proposed during the upcoming six-month period affecting a substantial number of small business concerns and small organizations. Defines "small organizations" to include unincorporated businesses, sheltered workshops, nonprofit enterprises which are not dominant in their fields and such other groups and enterprises as each Federal agency shall establish by rule. Requires each published agenda to be transmitted to the Office of Advocacy of the Small Business Administration for comments. Directs each Federal agency to endeavor to provide notice of each agenda to affected small enterprises by means other than publication in the Federal Register. Directs each Federal agency to publish a written analysis prior to the issuance of any rule affecting a substantial number of small business concerns and organizations which considers: (1) the effect of such rule on small enterprises and competition; (2) whether an exemption could be provided such small enterprises; (3) whether lesser compliance standards could be adopted for small enterprises; and (4) the expected nature of reporting and recordkeeping requirements necessitated by such rule. Requires each Federal agency to issue a rule containing an exemption or differing compliance standards for such small business concerns and organizations if it is lawful, desirable, and feasible to do so. States that such small enterprises shall be given an opportunity to participate in agency rulemaking. Requires each agency to review its existing rules and prepare an analysis for purposes of eliminating those rules which are most burdensome to small businesses and organizations. Permits any agency to perform the analyses required by this Act in conjunction with any other analysis required by law. Declares that such other analysis shall not in itself satisfy the requirements of this Act.
United States · United States Congress · 28 June 1979
Establishes the Boston Harbor National Recreation Area, and describes its boundaries. Directs the Secretary of the Interior to establish a Commission to prepare a plan for the development, maintenance, and management of the recreation area within one year after enactment. Authorizes the appropriation of not to exceed $200,000 for each fiscal year for the preparation of such plan. Requires the plan to include recommendations: (1) for the development of public recreational facilities; (2) for the preservation of significant natural and historic resource areas; (3) for expanded public water access to and between the Boston Harbor Islands; and (4) for the identification of the units of State or local government which will be responsible for implementing the plan. Prohibits the plan from proposing an expenditure of Federal funds in excess of $20,000 (exclusive of funds available under any existing Federal plan) for such implementation. Requires the Commission to submit its plan to the Secretary within one year after its establishment. Specifies the standards and procedure for approval or disapproval of such draft plan. Establishes a special account in the Treasury of the United States to hold moneys for grants to State or local governmental units implementing such plan. Requires that $20,000,000 from revenues due and payable to the United States under the Outer Continental Shelf Lands Act or under the Act of June 4, 1920 (41 Stat. 813) be covered into such account.
United States · United States Congress · 28 June 1979
Authorizes the Secretary of the Army to establish an Army Reserve career interest program for persons between the ages of 14 and 18.
United States · United States Congress · 28 June 1979
Designates April 10, 1980, as "ORT Centennial Day" to salute the Organization for Rehabilitation through Training on its 100th anniversary.
United States · United States Congress · 27 June 1979
Armed Forces Earned Educational Assistance Act - Entitles any individual who enlists or reenlists for the first time in the armed forces for a period of two or more years and who possesses a critical military skill, as determined by the Secretary concerned, to specified educational benefits. Stipulates that such assistance may be for a period of up to 36 months of full time educational assistance. Directs the Administrator of Veterans' Affairs and the Secretary of Defense to submit to Congress a joint report containing their respective plans for implementing such program. Requires the Secretary of Defense to report to Congress semiannually on the operation of such program.
United States · United States Congress · 27 June 1979
Capital Cost Recovery Act of 1979 - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Allows a ten percent investment tax credit for buildings and tangible property, and a six percent credit for automobiles, taxis, and light duty trucks. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year.
United States · United States Congress · 26 June 1979
Expresses the sense of Congress that the President should instruct the U.S. delegation to the 1980 Madrid meeting of the Conference on Security and Cooperation in Europe to seek free elections supervised by the United Nations in Lithuania, Latvia, and Estonia, after the withdrawal of all Soviet military and civilian personnel. Expresses the sense of Congress that the President should inform and gain the support and cooperation of other nations in realizing independence for the Baltic States. Expresses the sense of Congress that the: (1) President should warn the Soviet Union against making citizenship claims on U.S. citizens; and (2) Secretary of State should inform U.S. citizens planning to visit the Soviet Union of the implications of the Soviet law on citizenship.
United States · United States Congress · 21 June 1979
Amends the Powerplant and Industrial Fuel Use Act of 1978 to permit local distribution companies to provide natural gas service to residential customers for use in outdoor lighting fixtures installed before the enactment of such Act.
United States · United States Congress · 21 June 1979
Priority Energy Project Act of 1979 - Title I: Purposes and Definitions - Sets forth the purposes and definitions of terms as used in this Act. Title II: Priority Projects - Authorizes the Secretary of Energy to designate a maximum of six proposed energy facilities as priority energy projects during each calendar year. Allows any person planning or proposing an energy facility to apply to the Secretary for an order designating such facility as a priority energy project. Sets forth the procedure and criteria for designating priority energy projects. Excludes such determinations by the Secretary from the definition of major Federal action within the meaning of the National Environmental Policy Act of 1969. Directs the Secretary to encourage prospective applicants to file applications for any necessary Government actions or approvals with the appropriate agencies as soon as possible. Requires such Federal agencies to submit specified information to the Secretary not later than 30 days after public notice of an order designating a proposed energy facility as a priority energy project. Directs the Secretary to establish a decision deadline schedule. Provides for the extension of such deadlines. Delegates decision authority to the President if a deadline on the decision deadline schedule has elapsed without Federal agency decision or action. Provides for the Presidential extension of such deadlines. Directs the Secretary to grant certification of completed Federal agency review upon the determination that all Federal actions and approvals necessary to the completion of a priority energy project have been granted. Specifies that such certification shall indicate Federal approval expiration dates and shall constitute conclusive evidence in any judicial or executive proceeding that all necessary Federal permits have been granted. Directs the Secretary to notify the Governor of any State within which any portion of a priority energy project would be located and to request the Governor to submit specified information to the Secretary. Directs the Secretary to submit all such information to the priority energy project and propose a decision schedule to assist State and local authorities in coordinating their activities with actions by the Federal Government. Title III: Judicial Review and Miscellaneous Provisions - Exempts from judicial review the actions of Federal officers or agencies pursuant to this Act, except as specified in this title. Exempts from judicial review a decision of the Secretary granting or denying an order designating a proposed energy facility as a priority energy project except as required by the Constitution of the United States. Sets forth judicial procedures for claims arising out of actions pursuant to this Act. Grants to the Supreme Court the exclusive authority to review an interlocutory judgment or order of the court of appeals pursuant to this title. Sets forth certiorari and certification procedures. Makes this Act effective 30 days after the date of its enactment. Provides for the expiration of the Secretary's authority to designate priority energy projects seven years after the date of the enactment of this Act.
United States · United States Congress · 20 June 1979
Authorizes and requests the President to designate September 16 through September 22, 1979, as "Energy Conservation Week."
United States · United States Congress · 19 June 1979
Education for Exporting Act - Establishes the Federal Export Education Foundation. Directs such Foundation to enter into agreements with institutions of higher education, educational agencies, and business organizations to provide assistance in: (1) increasing awareness of international commerce in the United States; or (2) enhancing the ability of U.S. industry to engage in international commerce. Specifies various programs to be conducted by such Foundation, including: (1) work internships abroad; (2) cooperative activities to provide low-cost translation services and market research studies; (3) development of guides to commercial laws; (4) development of language and area studies courses; and (5) information regarding career opportunities for individuals with language, area studies, and international business backgrounds. Requires the accounts of such Foundation be audited annually and the results reported to the President and Congress. Establishes an Export Education Trust Fund in the U.S. Treasury consisting of appropriated sums and sums received as reimbursement for services provided under the Foundation's educational programs.