United States · United States Congress · 22 January 1979
Intergovernmental Antirecession and Supplementary Fiscal Assistance Amendments of 1979 - Amends the Public Works Employment Act of 1976 to add to the congressional findings under such Act that both an antirecession fiscal assistance program and a supplementary fiscal assistance program which aid governments requiring fiscal relief are essential elements of a sound Federal fiscal policy. Extends the authorization of appropriations for antirecession fiscal assistance through September 30, 1980. Provides for the suspension of such assistance in certain circumstances if the unemployment rate does not exceed six percent. Amends such Act to require the Secretary of Labor to calculate the unemployment rate for specified units of local governments, within or encompassing standard metropolitan statistical areas, using the population survey methodology used prior to January 1, 1978, if such rates are higher than under the current methodology. Requires the Secretary of Commerce to reallocate any undistributed excess amounts among the States and local governments proportionately. Repeals the requirement that States and local governments file statements with the Secretary containing certain reporting assurances. Authorizes the Secretary to make supplemental payments to local governments whose allocation would be reduced as a result of calculating unemployment rates by a new formula. Directs the Secretary of Labor to provide the Secretary of Commerce with necessary information and to determine unemployment rates for each State and local government. Authorizes the Secretary of Commerce to pay supplementary fiscal assistance to local governments with unemployment rates above six percent whenever the unemployment rate for the United States is five percent or more. Authorizes appropriations for such assistance through September 30, 1980. Provides for the suspension of such assistance if antirecession fiscal assistance is being paid or U.S. unemployment rates are less than five percent. Specifies the formula to be used in determining payments under this Act. Requires the Secretary of Commerce to combine certain supplementary payments with the general revenue sharing payment and make a single payment to the local governmental unit. Provides for the reallocation of any undistributed excess amounts among the local governmental units proportionately. Requires local governments receiving supplementary fiscal assistance to comply with those provisions applicable to antirecession fiscal assistance.
United States · United States Congress · 18 January 1979
Family Farm Antitrust Act of 1979 - Finds that vertical integration of the agricultural industry by corporations engaged in the processing, distributing and retail industries, and other conglomerate corporations, tends to create monopolies in the agricultural industry and produce unfair competition for family farms, contributing to the decline of rural populations and the consequent crowding of metropolitan centers. Declares it to be the national policy to restore competition to the agricultural industry and to provide for the continuance of the family farm. Provides that no person engaged in commerce in a business other than farming, whose nonfarming business assets exceed $3,000,000, shall engage in farming or the production of agricultural products, or participate in farming by any means of acquisition or control of another person who is engaged in farming. Specifies exceptions including charitable, educational, or nonprofit institutions, and farmer-owned and controlled cooperatives. Directs the Secretary of Agriculture to acquire at fair market value any property or interest of which a person is required to divest himself under the provisions of this Act, if the person is otherwise unable to divest himself of such property.
United States · United States Congress · 18 January 1979
Magistrate Act of 1979 - Empowers a United States magistrate, when specially designated by a district court and upon consent of the parties, to conduct proceedings in a jury or nonjury civil matter. Authorizes appeal of such decisions to the district court, or directly to the court of appeals upon prior consent of the parties. Requires that anyone appointed as a magistrate must have been a member of a bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands of the United States for at least five years. Specifies procedures for the appointment of magistrates, including the creation of a Magistrate Selection Panel. Requires the district court to select magistrates from those recommended by the Panel. Requires the Director of the Administrative Office of the United States Courts to inform Congress annually on the background and qualifications of magistrates, and appeals from their decisions. Authorizes United States courts to require payment by the Government for the expenses of printing the record on appeal from magistrate proceedings. Authorizes magistrates to try any person accused of a misdemeanor, including a jury trial, unless such person elects to be tried before a district court judge. Allows the magistrate to impose sentences of up to one year for misdemeanors or six months in other cases.
United States · United States Congress · 18 January 1979
Citizens' Right to Standing in Federal Courts Act - Prohibits a Federal court from dismissing an action brought against the Federal, State, or local governments, or entities or officers of such governments, based upon a violation of the Constitution or laws of the United States, on the ground that the plaintiff lacks standing to sue because: (1) the alleged injury is shared by a large class of persons; (2) the defendant's conduct is not the primary cause of the injury; or (3) such injury is not substantially likely to be remedied or prevented by a determination on the merits in the plaintiff's favor, if such determination may contribute in significant part to remedying or preventing such injury. States that such prohibition shall not affect the standing or lack of standing of a taxpayer plaintiff. Precludes the raising of a standing challenge on appeal except as may be required by Article III of the Constitution.
United States · United States Congress · 18 January 1979
Social Security Refinancing Act - Amends titles II (Old-Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act, and the Internal Revenue Code to finance the payment of disability insurance benefits and hospital insurance benefits through general tax revenues, rather than through employment and self-employment tax revenues. Reduces employment and self-employment tax rates below the rates established by the Social Security Financing Amendments of 1977.
United States · United States Congress · 15 January 1979
Amends title XVIII (Medicare) of the Social Security Act to authorize payment under the Medicare program for services provided in a rehabilitation facility for the blind, and for services furnished to blind individuals by mobility therapists and rehabilitation teachers.
United States · United States Congress · 15 January 1979
Amends title XVIII (Medicare) of the Social Security Act to provide payment under the supplementary medical insurance program for preventive services furnished in the screening, testing, diagnosis, and treatment of individuals for hypertension.
United States · United States Congress · 15 January 1979
Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to include the services of licensed practical nurses under the coverage provided pursuant to such titles.
United States · United States Congress · 15 January 1979
Geriatric Health Personnel Training Act of 1979 - Amends title VII of the Public Health Service Act (Health Research and Teaching Facilities and Training of Professional Health Personnel) to authorize the Secretary of Health, Education, and Welfare to grant $500,000 for each of six schools of medicine to assist in the establishment and operation of departments of geriatrics. Authorizes the Secretary to make grants to assist schools of medicine in the establishment and operation of continuing education programs in geriatrics for physicians. Authorizes the appropriation of $2,500,000 for fiscal year 1980, and $5,000,000 for each of the next three fiscal years to enable the Secretary to make grants to schools of medicine to assist in developing and conducting training programs designed to prepare armed forces veterans, with appropriate experience as paramedical personnel, to serve as medical assistants in long-term health care facilities. Authorizes the Secretary to make grants and enter into contracts with public or nonprofit colleges and universities for the development of graduate programs for nurses in geriatrics and gerontology.
United States · United States Congress · 15 January 1979
Long-Term Care Services Act of 1979 - Amends title XI (General Provisions) of the Social security Act to authorize the establishment of an experimental program to subsidize families who agree to care in their own homes, for their dependents who are 65 years of age or older and who would otherwise require, because of physical or mental infirmities, the services of a skilled nursing facility or intermediate care facility. Amends title XVIII (Medicare) of the Social Security Act to provide payment for elderly day care center services. Directs the Secretary of Housing and Urban Development to institute a program under which qualified organizations, public and private, will submit plans for the development of carefully conceived and innovative projects to meet the special health care, housing, and related needs of elderly persons in a campus-type setting. Authorizes the Secretary to make interest subsidy payments to holders of mortgages covering such projects. Amends the National Housing Act to authorize the Secretary to insure mortgages secured by properties in projects built pursuant to this Act. Amends title XVIII to provide payment for extended and intermediate care services, and to provide for the creation of an alternative reimbursement formula which will allow participating hospitals with less than 100 beds and less than 60 percent average occupancy to provide long-term care without applying proportional allocation of overhead costs to all patients in such facilities.
United States · United States Congress · 15 January 1979
Amends title XVIII (Medicare) of the Social Security Act to provide payment under the supplementary medical insurance program for one comprehensive physical examination a year, dental care including dentures, eye examinations including eyeglasses, hearing aids including examination, and treatment of foot conditions. Directs the Secretary of Health, Education, and Welfare to take steps to eliminate unnecessary or excessive medical appliance expenditures under the Medicare program by implementing appliance leasing, auditing of medical appliance manufacturers and providers, and by cross-referencing prevailing medical appliance rates. Includes under the term "medical appliance" hearing aids, eyeglasses, dentures, and similar health aids. States that the Federal Trade Commission should continue and increase scrutiny of the medical appliance industries in the interest of consumer protection. States that the Secretary of Health, Education, and Welfare should provide increased assistance to encourage the continuing education and training of hearing specialists, clinical audiologists, and physicians to improve the quality of hearing care, and to encourage the provision by State and local governments of more and better hearing care for the elderly, including a network of examination and treatment sites.
United States · United States Congress · 15 January 1979
Medicare Deductible and Coinsurance Reduction Act of 1979 - Reduces, under title XVIII (Medicare) of the Social Security Act: (1) the inpatient hospital deductible; and (2) the monthly premiums for hospital insurance for individuals not otherwise eligible for Medicare benefits. Appropriates to the Federal Hospital Insurance Trust Fund the additional amounts required to reimburse the Fund for such additional payments as are caused by the lowering of the inpatient deductibles and monthly premiums. Increases the benefits payable to each individual covered by the supplementary medical insurance program for the aged and disabled. Reduces deductibles, coinsurance, monthly premium and the charges under such program. Authorizes to be appropriated a Government contribution equal to such amount as necessary to reimburse the Federal Supplementary Medical Insurance Trust Fund for such additional payments as caused by the increased benefits payable to individuals and the reduced deductibles and coinsurance charges.
United States · United States Congress · 15 January 1979
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require automatic sprinkler systems in all skilled nursing facilities and intermediate care facilities certified for participation in the Medicare or Medicaid programs unless a waiver of such requirement is granted in accordance with conditions set forth in this Act. Establishes a program of low-interest Federal loans to assist such facilities in constructing or purchasing and installing automatic sprinkler systems.
United States · United States Congress · 15 January 1979
Amends title XVIII (Medicare) of the Social Security Act to provide payment for optometric and medical vision care under the supplementary medical insurance program.
United States · United States Congress · 15 January 1979
National Home Health Clearinghouse Act of 1979 - Establishes in the Department of Health, Education, and Welfare a Home Health Clearinghouse to gather and disseminate information concerning the various public and private agencies providing home health care and related services to the elderly. Directs the Clearinghouse to (1) establish a computerized system for such purposes, and (2) publish current descriptions of Federal services and benefits available to the elderly under the Social Security Act, the Older Americans Act of 1965, and other related laws.
United States · United States Congress · 15 January 1979
Health Maintenance Organization Amendments of 1979 - Amends the Public Health Services Act to authorize the Secretary of Health, Education, and Welfare to make grants to health maintenance organizations for the construction of ambulatory services to be used by such organizations for the provision of health services to their members in medically underserved areas. Amends Title XVIII (Medicare) of the Social Security Act to set forth new regulations governing the payment of the cost of medical services incurred by a member of a health maintenance organization. Amends Title XIX (Medicaid) of the Social Security Act to permit reimbursement to States for payments made to health maintenance organizations in cases where such payments would have previously been prohibited because of the eligibility of a significant percentage of the members of such an organization for medicare payments when it is determined that the health needs of the population affected are best served by such organization.
United States · United States Congress · 15 January 1979
Mental Health Amendments of 1979 - Amends title XVIII (Medicare) of the Social Security Act: (1) to provide Medicare coverage of mental illness on an equal basis with coverage of physical illness; and (2) to provide payment for certain clinical psychologists' services under the supplementary medical insurance program. Changes from October 1, 1977, to October 1, 1979, the date by which a State is required under title XVI (Supplemental Security Income) of the Social Security Act to establish or designate an authority to establish and insure the enforcement of standards for institutions, foster homes, or group living arrangements in which a significant number of recipients of supplemental security income reside. Directs the Secretary of Health, Education, and Welfare to furnish to the States such information about the residences of such recipients as is necessary for the States to establish, maintain, and enforce such standards. Requires the Secretary to pay to the States an amount equal to the sums spent by each State for inspecting such institutions.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to provide that the charitable deduction allowed for expenses incurred in the operation of a motor vehicle shall include the depreciation, operation, and maintenance costs allocable to such operation and shall be determined in the same manner as a business related deduction.
United States · United States Congress · 15 January 1979
Amends title XX (Grants to States for Services) of the Social Security Act to reallot unused social services funds to States which will use such funds during the succeeding year in preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care. Allocates additional Federal matching funds for multipurpose senior center programs. Directs the Secretary of Health, Education, and Welfare to clarify and standardize the eligibility requirements to the provision of assistance to multipurpose senior centers.
United States · United States Congress · 15 January 1979
Age Discrimination in Federal Employment Act of 1979 - Repeals specified Federal laws compelling mandatory retirement based on age for the following: (1) Federal employees; (2) the Director of the Federal Judicial Center; (3) tax Court Judges; (4) Foreign Service employees; (5) Lighthouse Service officers and employees; (6) the Comptroller General and the Assistant Comptroller General; (7) Central Intelligence Agency officers and employees; and (8) District of Columbia Judges.
United States · United States Congress · 15 January 1979
Amends title XIX (Medicaid) of the Social Security Act to permit county governments to provide to their residents through the State's Medicaid plan a level of medical assistance which is greater in amount, duration, or scope than that available under the plan to other State residents. Requires county governments to show that their plans for providing additional benefits do not result in excessive administrative costs or otherwise conflict with the result in excessive administrative costs or otherwise conflict with the administration of the State Medicaid plan.
United States · United States Congress · 15 January 1979
Amends the Domestic Volunteer Service Act of 1973 to allow volunteers in the Service Corps of Retired Executives, established under the National Volunteer Programs to Assist Small Businesses, to provide assistance to home health agencies which provide home health services.
United States · United States Congress · 15 January 1979
Amends title XVIII (Medicare) of the Social Security Act to require the governing boards of hospitals and skilled nursing facilities having an average duration of stay of more than 30 days to establish written policies guaranteeing specified rights of patients including: (1) information on services and charges; (2) information on and participation in medical treatment; (3) conditions of transfer or discharge; (4) grievances; (5) management of personal financial affairs; (6) freedom from abuse and restraints; (7) confidentiality of records; and (8) freedom of association. Directs the Secretary of Health, Education, and Welfare to establish civil penalties for the violation of such rights. Sets forth provisions concerning the processing and investigation of complaints arising from the violation of patients' rights.
United States · United States Congress · 15 January 1979
Amends the Older Americans Act of 1965 to authorize the Commissioner of the Administration on Aging to establish a grant program for the purpose of making reimbursements to institutions of higher education to defray a portion of tuition costs, or costs of individual courses of study, applicable to eligible older persons at such institutions. Requires any institution of higher learning desiring to receive reimbursements from the Commissioner to transmit an application to the Commissioner in such form, at such times, and according to such procedures, as the Commissioner may establish. Sets forth assurances to be contained in such application. Provides that the United States courts of appeals shall have jurisdiction, concerning such application, to affirm or to set aside an adverse decision of the Commissioner. States that any older person who is qualified to enroll in any course of study at an institution receiving reimbursements under this Act shall be eligible for such enrollment without being required to defray any cost of tuition or any cost of a course of study. Entitles any institution of higher education whose application is approved to receive reimbursements equal to 55 percent of the cost of tuition or the cost of any study applicable to an older person with respect to whom such reimbursement is sought. States that reimbursements shall be made only for those students who constitute a greater number than those enrolled in 1978 who would have been eligible for benefits if the program were available. Defines the term "older person" as any person 60 years of age or older.
United States · United States Congress · 15 January 1979
Amends title XI (General Provisions) of the Social Security Act to provide that any patient of a nursing home or intermediate care facility which is participating in the hospital insurance program under title XVIII (Medicare) or title XIX (Medicaid) of the Social Security Act shall have the right to terminate any contract entered into for his or her care in such a facility upon giving the facility at least 30 days written notice. Prohibits such a facility from requiring any patient to turn over to it any periodic benefit check or other income received after the patient has given such notice.
United States · United States Congress · 15 January 1979
Medicare Long-Term Care Act of 1979 - Repeals existing provisions for post-hospital home health services under title XVIII (Medicare) of the Social Security Act. Establishes, within the hospital insurance program of such title, a program of long-term care benefits to be provided for aged and disabled individuals including all recipients of supplemental security income benefits and to be financed without additional cost to such individuals, through the Federal Hospital Insurance Trust Fund, from funds appropriated by the Federal Government. States that the benefits provided to an individual by such program shall consist of: (1) home health services; (2) homemaker services; (3) nutrition services; (4) long-term institutional care services; (5) day care and foster home services; and (6) community mental health center outpatient services. Requires that, to the maximum extent possible, such benefits shall be provided by or through community long-term care centers, as defined in this Act; and, in any case where a State has an agency which performs the functions of planning and developing such centers and overseeing their operation the Secretary of Health, Education, and Welfare shall make grants to the State or State agency to reimburse it for expenses incurred in the performance of such functions. Directs the Secretary to pay 75 percent of the amount expended by a State for the operation of a State long-term care agency. Enumerates the functions of such an agency. Declares that a community long-term care center shall: (1) provide the items and services listed in this Act to each individual (A) who is eligible for benefits under this part, (B) who resides in the area served by such center and (C) who is certified as requiring such services; (2) evaluate and certify the long-term care needs of an individual for whom such care may be required in order to maintain such individual in an independent living arrangement which is reasonable given such individual's state of health and other circumstances (but not including such individual's economic circumstances); (3) maintain a continuous relationship with (and periodically evaluate not less than annually) each individual who is receiving any of the items and services listed in this Act; (4) provide full opportunity for such individual and his family to participate in the determinations and functions under this Act; (5) provide an organized system for making its existence and location known to all individuals in its service area who are eligible for benefits under this part, and for making known to such individuals the method or methods by which they may most efficiently obtain and use the services which it makes available; and (6) perform such other functions as the Secretary of Health, Education, and Welfare may by regulation prescribe in order to have such center most effectively carry out the purposes of this Act. Defines terms used in this Act, including the services to be provided by community long-term care centers. Directs the Secretary to develop and promulgate to community long-term care centers one or more methods of obtaining payment for the benefits covered under this Act. Requires the Secretary to prescribe regulations setting forth the standards of care for homemaker and nutritional services. Establishes the Federal Advisory Council on Long-Term Care. Sets forth the qualifications of the five members of such Council. States that it shall be the duty and function of the Council to provide advice and recommendations for the consideration of the Secretary on regulations under this Act and on matters of general policy with respect to this Act. States that no regulations of the Secretary under this Act shall become effective unless they have first been approved by the Council. States that the determination of whether an individual is entitled to benefits under this Act shall be made by the Secretary in accordance with regulations prescribed by him. Authorizes the appropriation to the Federal Hospital Insurance Trust Fund of such sums as the Secretary considers necessary for any fiscal year for the purposes of the program created by this Act. Authorizes the Secretary to make grants and enter into contracts with institutions to meet the cost of training programs in the techniques and methods of providing long-term health care.
United States · United States Congress · 15 January 1979
Amends title XVIII (Medicare) of the Social Security Act to eliminate the requirement that prior hospitalization is necessary before extended care facility benefits are available under the Medicare program.
United States · United States Congress · 15 January 1979
Older Americans Civil Rights Act of 1979 - Amends the Civil Rights Act of 1957 to require the Commission on Civil Rights to study and collect information concerning policies and practices constituting discrimination on account of age. Amends the Civil Rights Act of 1964 to extend its coverage to discrimination based on age in public accommodations, public facilities, and public education. Requires the Community Services Administration to provide assistance in resolving difficulties relating to discriminatory practices based on age. Prohibits discrimination based on age in: (1) the sale or rental of housing; (2) the financing of housing; and (3) the provision of brokerage services. Prohibits intimidation of any person because of age because such person is or has been selling, purchasing, or renting any dwelling. Defines "age" for the purposes of the amendments made by this Act, as being considered too old, but only if the individual has attained the age of 40 years.
United States · United States Congress · 15 January 1979
Drug Benefits for the Aged Act of 1979 - Amends the Public Health Service Act to direct the Secretary of Health, Education, and Welfare to establish a Drug Benefit Program for the Aged to pay for prescription drugs from participating pharmacies. Directs the Secretary to establish a Drug Benefits List of prescription and nonlegend qualified drugs, limited to specified pharmacological therapeutic categories which the Secretary deems appropriate for the treatment of conditions, illnesses, or injuries to the person or well-being of aged individuals. Specifies conditions under which participating pharmacies may substitute lower cost, therapeutic equivalents for prescribed drugs. Establishes a Drug Benefits Council to advise the Secretary on policy in general and the content and format of the drug benefits list in particular. Sets conditions for the participation of pharmacies in the program. Prescribes criminal penalties for fraud.
United States · United States Congress · 15 January 1979
Youth Internships in Field of Aging Act - Amends the Older Americans Act of 1965 to authorize a grant program for the establishment of internship programs for secondary school students at administrative, research, and service levels with professions in the field of aging. Establishes application guidelines for such grant program.
United States · United States Congress · 15 January 1979
Federal Oil and Gas Corporation Act - Creates a Federal Oil and Gas Corporation to establish and administer a national program of natural gas and oil exploration and development on Federal lands. Establishes a three-member Board of Directors for the Corporation, to be appointed for seven-year terms by the President, with the advice and consent of the Senate. Stipulates that members of the Board may be removed for cause by joint resolution of the Senate and the House of Representatives. Stipulates that Board members shall not receive compensation from private concerns for activities related to the Corporation for a period of one year after leaving office. Prohibits Directors from holding any financial interests in oil and gas corporations while serving on the Board. Grants the Corporation power to: (1) explore for natural gas and oil on Federal, State, foreign, or private lands; (2) develop and sell natural gas or oil discovered by exploration, or otherwise obtained by sale, lease, purchase, exchange, or contract, and to build and operate all those facilities necessary for the development or sales of such resources; and (3) engage in research directed toward the development or utilization of abundant and nonpolluting supplies of energy, from whatever source. Requires that sales of natural gas or oil by the Corporation shall be made at fair and reasonable prices designed to promote competition among suppliers of these energy resources. Establishes procedures governing the operation of the Corporation. Exempts the Corporation from State and local laws which would impede the Corporation in its ability to perform functions authorized by this Act. Declares it the objective of the Corporation, in conducting its activities, to prevent adverse environmental impacts and to promote conservation of natural resources. Directs the President to appoint an environmental advisory committee to assist the Corporation in this respect. Requires the preparation of environmental impact statements, subject to the approval of the committee. Requires the Corporation to submit annual report to the President and Congress. Imposes penalties for defrauding and for conspiracy with intent to defraud the Corporation. Grants the Corporation such powers of condemnation as necessary to effectuate the purposes of this Act.
United States · United States Congress · 15 January 1979
Energy Competition Act - Prohibits persons engaged in the production of crude petroleum or petroleum products from acquiring or retaining any interest in coal, uranium, or geothermal power assets. Directs the Attorney General to enforce the provisions of this Act by requiring submission of plans for divestiture of prohibited assets. Requires persons subject to the provisions of this Act to file information and reports on regulated assets with the Attorney General. Imposes criminal penalties for knowing violations of this Act: (1) in the case of an individual, fines not to exceed $500,000 and/or imprisonment of up to five years; and (2) in the case of corporations, fines not to exceed $5,000,000 and/or suspension of the right to do business in interstate commerce for up to ten years. Stipulates that corporate representatives shall also be subject to criminal sanctions as individuals. Imposes civil penalties for violation of orders lawfully issued under this Act of up to $100,000 for each violation. Stipulates that, in the case of a continuing violation, each day shall be deemed a separate offense.
United States · United States Congress · 15 January 1979
Amends the Agriculture Act of 1949 to require the Secretary of Agriculture to proclaim a national program acreage for feed grains no later than October 15 (currently November 15) of each year for crops harvested in the next succeeding calendar year.
United States · United States Congress · 15 January 1979
Humane Methods of Research Act - Authorizes the Secretary of Health, Education, and Welfare to make grants for research and development of new methods of research, experimentation, and testing which minimize the use of, and the pain inflicted upon, live animals. Authorizes appropriations to carry out the purposes of this Act.
United States · United States Congress · 15 January 1979
Meat Import Act of 1979 - Limits the maximum aggregate quantity of specified meat articles which may be entered, or withdrawn from warehouses, for consumption in the customs territory of the United States in any calendar year after 1979 to 1,204,600,000 pounds, adjustable according to a specified formula. Excludes from the domestic commercial production factor in such formula the carcass weight of live cattle specified in certain Tariff Schedules. Requires a further adjustment of such annual aggregate quantity by multiplying it by a ratio of: (1) the average annual per capita production of domestic cow beef during a calendar year (as estimated) and the four preceding calendar years; to (2) the average annual per capita production of domestic cow beef in the calendar year (as estimated) and the preceding calendar year. Directs the Secretary of Agriculture, for each calendar year after 1979, to estimate and publish the aggregate quantity of meat articles prescribed for such year as well as the quantity that would be entered into the United States but for the limitations. Directs the President to limit by proclamation the total quantity of meat articles entered into the United States, whenever such quantity equals or exceeds 110 percent of the Secretary's estimate; but prohibits any limitation below 1,200,000,000 pounds. Requires the termination of any limitation as of the first day of a calendar quarter, under most circumstances, if before such quarter the aggregate quantity is less than 110 percent of the Secretary's estimate. Permits the President to increase or decrease meat imports in specified circumstances. Allows the President to suspend any proclamation concerning meat import limitations, if (1) during a period of national emergency, such action is required by national security interests, or (2) supplies are inadequate, because of a natural disaster, to meet domestic demand at reasonable prices. Prohibits such suspension or increase from extending beyond the termination of the national emergency. Requires the Secretary to allocate the entry quota of meat articles as proclaimed by the President among supplying countries on the basis of their respective shares of the United States market for meat articles during a representative period, taking into account any special factors. Directs the Secretary to study the regional economic impact of imports of meat articles and report any recommendations to the appropriate committees of Congress by December 31, 1980.
United States · United States Congress · 15 January 1979
Amends the Agriculture Act of 1949 to extend from March 31, 1979, through September 30, 1981, the price support of milk at not less than 80 percent parity.
United States · United States Congress · 15 January 1979
Age Discrimination in Employment Amendments of 1979 - Amends the Age Discrimination in Employment Act of 1967 to remove the existing 70-year upper age limit to which the prohibitions of such Act apply, thereby extending the protection of such Act to all individuals who are at least 40 years of age. Specifies that there shall be no exceptions to the prohibitions of such Act because of the nature of employment of an individual, or retirement benefits to which an individual may be entitled. Repeals provisions restricting the employment or compensation of an individual in the Federal civil service, Government of the District of Columbia, Foreign Service, or Army Corps of Engineers after such individual retires with an annuity or reaches retirement age. Repeals automatic separation requirements based on age and length of service which relate to employees of the Alaska Railroad, the Panama Canal Company, the Canal Zone Government, and to air traffic controllers and Federal law enforcement officers and firefighters.
United States · United States Congress · 15 January 1979
Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse eecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principals. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; (3) the interests of the State of Alaska and the Native Corporations shall be continually considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Ainakchak National Monument; (2) Bering Land Bridge National Monument; (3) Cape Krusenstern National Monument; (4) Gates of the Arctic National Monument; (5) Kenai Fjords National Monument; Kobuk Valley National Monument; (7) Lake Clark National Monument; (8) Noatak National Monument; Wrangell-Saint Elias National Monument; (10) Yukon-Charley National Monument; and (11) Katmai National Monument. Expands and redesignates: (1) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park; and (2) Glacier Bay National Monument by the addition of 40,000 acres to be redesignated as Glacier Bay National Park. Establishes as units of the National Park System: (1) Aniakchak National Preserve; (2) Lake Clark National Preserve; and (3) Noatak National Preserve. Establishes and designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Park; (3) Cape Krusenstern National Park; (4) Denali National Park; (5) Gates of the Arctic National Park; the Arctic Wilderness; (6) Glacier Bay National Park; (7) Katmai National Park; (8) Kenai Fjords National Park; (9) Kobuk Valley National Park; (10) Lake Clark National Park and Preserve; (11) Noatak National Park; (12)Wrangell-Saint Elias National Park; and (13) Yukon-Charley National Park. Directs the Secretary of the Interior to study the nondesignated areas within the boundaries of the National Park System and report to the President and Congress on the suitability of all roadless areas for preservation as wilderness. Directs the Secretary of the Interior to administer all Alaska lands, waters, and interests in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds that were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to the applicable laws and regulations. Permits the continuation of reindeer grazing within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, with respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Monument and Yukon Flats National Monument as Yukon Flats National Wildlife Monument. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Copper River National Wildlife Refuge; (4) Iliamna National Wildlife Refuge; (5) Innoko National Wildlife Refuge; (6) Kanuti National Wildlife Refuge; (7) Koyukuk National Wildlife Refuge; (8) Nowitna National Wildlife Refuge; (9) Selawik National Wildlife Refuge; (10) Teshekpuk National Wildlife Refuge; (11) Tetlin National Wildlife Refuge; and (12) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; and (4) Kenai National Moose Range. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge (to be known as Alaska Maritime Wilderness, Aleutian Islands Wilderness, Unimak Wilderness and Semidi Wilderness); (2) Alaska Peninsula National Wildlife Refuge (to be known as Pavlof wilderness and Chiginagak Wilderness); (3) Arctic National Wildlife Range; (4) Becharof National Wildlife Monument; (5) Copper River National Wildlife Refuge; (6) Innoko National Wildlife Refuge; (7) Izembek National Wildlife Range; (8) Kanuti National Wildlife Refuge; (9) Kenai National Wildlife Range; (10) Kodiak National Wilderness Refuge; (11) Koyukuk National Wildlife Refuge; (12) Nowitna National Wildlife Refuge; (13) Nunivak National Wildlife Refuge; (14) Selawik National Wildlife Refuge; (15) Tetlin National Wildlife Refuge; (16) Togiak National Wildlife Range; (17) Yukon Delta National Wildlife Refuge (to be known as Andreafsky Wilderness and Kisaralik Wilderness); and (18) Yukon Flats National Wildlife Monument (to be known as Hodzana Wilderness and White Mountain Wilderness). Directs the Secretary of the Interior to review all areas within the National Wildlife Refuge System established or expanded by this Act as to their suitability for preservation as wilderness. Directs the President to advise Congress as to the Secretary of the Interior's recommendations. Declares that all Executive orders and other administrative actions which were in effect on the day before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation unit established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the major purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within or adjacent to a refuge. States that each such agreement shall provide that the land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon River, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Directs the Secretary of the Interior to conduct an assessment of the bald eagle in the Chilkat River area in order to determine habitat use, dynamics of salmon runs on which the eagles feed, seasonal movement patterns, and effects on the eagle population of developments by man. Directs the Secretary to develop a proposal to conserve bald eagles and other wildlife in the region, insure compatible land uses, provide for land lease agreements to facilitate the proposal. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Chugach National Forest, to be known as Nellie Juan Wilderness, College Fjord Wilderness, Red Peak Wilderness, and Tonki Cape Wilderness); (2) Admiralty Island National Monument; (3) Tongass National Forest, (to be known as Endicott Wilderness, Etolin Island Wilderness, Idaho Inlet Wilderness, Karta Wilderness, and King Salmon Capes Wilderness; (4) Misty Fjords National Monument; (5) Tongass National Forest, to be known as Petersburg Creek-Duncan Canal Wilderness, Prince of Wales Wilderness, Rocky Pass Wilderness, Russell Fjord Wilderness, Stikine- LeConte Wilderness, South Baranof Wilderness, Tebenkof Wilderness, Tracy-Arms-Ford Terror Wilderness, and West Chichagof-Yakobi Wilderness). Directs the Secretary of Agriculture to study and report to the President and Congress in accordance with the Wilderness Act recommendations as to the suitability of the Western Prince William Sound for preservation as wilderness. Specifies that the provisions of this Act apply only to the lands within Alaska and nothing in this Act shall be interpreted to expand, diminish, or modify provisions of the Wilderness Act with respect to lands outside of Alaska. Allows the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas designated by this Act in accordance with the goal of restoring and maintaining anadromous fish production in the Tongass National Forest. Sets forth factors to be considered in allowing such activity. Directs that previously existing public use cabins within national forest wilderness may be permitted to continue subject to necessary restrictions deemed to preserve the wilderness character of the area. Authorizes the Secretary of Agriculture to construct and maintain a limited number of new cabins and shelters. Authorizes the Secretary of Agriculture to permit commercial fishery activities within national forest wilderness in accordance with principles of sound fisheries management. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Amends the Alaska Native Claims Settlement Act to prohibit land conveyed to a Native Corporation pursuant to this Act or the Alaska National Interest Lands Conservation Act, which is within a contingency area designated in a U.S. timber sale contract, to be subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor form entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Stony, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak (including its major tributaries), Chilikadrotna, Mulchatna, Stonu, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Porcupine, Sheenjek, Andreafsky, Ivishak, Kanektok, Kisaralik, Wind, Beaver Creek, Copper, Selawik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Holitna-Hoholitna, Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, Susitna. Sets forth time requirements for completion of such studies. Authorizes the Secretary to seek cooperative agreements with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to promulgate regulations to protect the quality and quantity of water in the Wulik River. Allows the Secretary to grant rights-of-way for oil and gas pipelines across the Iditarod Trail or a wild and scenic river when there exists no alternative route. Sets forth the requirements for obtaining a permit for an oil or gas pipeline. Title VI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, and Native and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owed or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title VII: Subsistence - Declares the first priority of this Act to be consumptive uses of fishing and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Directs the Secretary, if the State fails to do so, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to take certain administrative action if it is determined that the program or implementation is not in compliance with this Act. Gives the Secretary authority to close public areas to all consumptive uses except subsistence uses by local residents. Sets forth procedures for hearings and appeal by the State. Gives the Secretary emergency authority to temporarily close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits the appropriate Federal agency from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision or a Native Corporation may only by acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Directs the Secretary to authorize and permit temporary access by the State or a private landowner to any conservation system unit, the Alaskan National Petroleum Reserve, or public lands for the purposes of survey and geophysical study and adequate access State or privately owned land and valid mining claims. Removes certain restrictions from sections of the North Slope Haul Road. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to establish an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to establish such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to establish such a center in Juneau, Ketchikan, or Sitka. Sets forth provisions relating to program planning, construction, operation and administration of such centers. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Stipulates that a holder of a permit to use any conservation system shall be strictly liable for damage to any lands, fish, wildlife or other renewable resource, unless such damage was caused by an act of war or the negligence of the United States. Limits damages for such strict liability to $50,000,000 for any one incident. Exempts the State from strict liability. Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Title IX: Improvements in Administration of the Alaska Native Claims Settlement Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each stockholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Includes provisions for: (1) the Secretary waiving the whole section requirement at the request of a Village Corporation in certain specified situations; (2) the selection of land by Regional Corporations where the public lands consist only of the mineral estates; (3) the conveyance of title to the Federal or State Government or the proper municipal corporation to the surface estate for existing airport sites; and (4) the conveyance of fee title of existing cemetery and historical places to the appropriate Regional Corporation. Dissentitles any Regional Corporation which asserts a claim with the Secretary to certain subsurface estate of lands selected under such Act which are in a Wildlife Refuge, to any in lieu surface or subsurface estate. Requires that any such claim must be asserted within 180 days after enactment. Amends the Alaska Native Claims Settlement Act to exempt from Federal, State, and local taxation the receipt of land or any interest pursuant to this Act to equalize the values of properties. Stipulates the manner to determine the taxable basis of such interests for the purpose of future taxable dispositions. Exempts from taxation real property interests conveyed pursuant to this Act to a Native individual or Native Corporation which are not developed or leased to third parties. States that fire protection of Native land provided by the Department of the Interior shall cover "wildland." Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites. Authorizes the Secretary to withdraw twice the amount of unfulfilled entitlement where lands selected and conveyed to a Village Corporation is insufficient to fulfill the Corporation's entitlement. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent on the date of enactment of this Act. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsite entry and to issue patent, if appropriate, to the townsite trustee. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a conservation system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska as of December 18, 1971 and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be alloted subject to a right or reentry for a 20-year period after the effective date of this Act. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Sets forth fiscal year adjustments for appropriation of funds. Directs the Secretary to pay by grant to each of the Native Group Corporations $50,000 to $100,000 depending on the population of each group, to be used for planning, development, and other authorized purposes. Subjects the decisions made by the Secretary under this title or the Alaska Native Claims Settlement Act to judicial review only if an action is initiated before a court of competent jurisdiction within two years after the Secretary's decision has become final and after the party seeking review has exhausted any administrative appeal rights. Subjects the decisions made by a Village Corporation to reconvey land under the Alaska Native Claims Settlement Act to judicial review only if the action is initiated before a court of competent jurisdiction within one year after the date of the filing of the map of the boundaries under applicable law.
United States · United States Congress · 15 January 1979
Authorizes the Attorney General to institute a civil action for or in the name of the United States in an appropriate district court whenever he has reasonable cause to believe that a State or its agents are subjecting persons confined in any correctional facility, juvenile correction center, mental hospital, nursing home, or facility for the chronically ill, retarded, or physically handicapped to conditions which deprive such persons of their Federal constitutional or statutory rights. Permits such action only if the Attorney General believes that such deprivation of rights is part of a pattern or practice of denial, if the suit is of general public importance, and after notice and consultation with State officials. Directs the Attorney General to promulgate minimum standards for the resolution of grievances of persons involuntarily confined. Requires individuals confined in State correctional institutions to exhaust State administrative remedies which meet the minimum standards developed by the Attorney General before bringing a civil action under the Civil Rights Act.
United States · United States Congress · 15 January 1979
Amends the Federal Election Campaign Act of 1971 to add Title V: Financing of General Election Campaigns for the House of Representatives. Directs the Secretary of the Treasury to maintain, in the Presidential Election Campaign Fund, the House of Representatives Election Campaign Account. Sets forth eligibility requirements to be met by candidates for election to the House of Representatives seeking payments from such Account. Limits expenditures from personal funds which may be made by candidates meeting such eligibility requirements. Entitles eligible candidates to matching payments and sets forth the procedure for determining the amounts of these payments. Stipulates that the aggregate payments to all candidates in an election shall not exceed three times the maximum amount payable in matching funds. Suspends certain expenditure limitations on eligible candidates if any candidate not eligible to receive payments pursuant to this Act makes expenditures or receives contributions in excess of specified amounts. Sets forth the procedure for requesting matching payments. Sets forth procedures to be followed by the Secretary of the Treasury in maintaining the House of Representatives Election Campaign Account. Directs the Federal Elections Commission to conduct examinations and audits of the campaign accounts of ten percent of the eligible candidates. Provides for the participation of the Commission in judicial proceedings arising under this Act. Authorizes appropriations necessary to carry out the purposes of this Act.
United States · United States Congress · 15 January 1979
Public Energy Competition Act - Amends the Mineral Leasing Act of 1920 to prohibit any person, association, or corporation which was a major oil company on any day during the five-year period immediately preceding a proposed coal lease acquisition from directly or indirectly acquiring such lease from the Secretary of the Interior after December 31, 1980. Prohibits such a major oil company from directly or indirectly locating or recording any claim for uranium or for any other fissionable material. Allows any person, association, or corporation which holds any lease under the Mining Lease Act of 1920, with the approval of the Secretary of Interior, to modify or revise its lease to include lands contiguous to those originally leased, not to exceed a specified acreage limit.
United States · United States Congress · 15 January 1979
Older Americans Employment Rights Act of 1979 - Defines the term "age" for purposes of equal employment opportunities under the Civil Rights Act of 1964, to mean a person's being considered too old, but only if such person has attained the age of 40 years. Prohibits employment discrimination because of age, under the Civil Rights Act.
United States · United States Congress · 15 January 1979
Sunset Act of 1979 - Title I: Reauthorization of Government Programs - Sets forth a ten-year schedule for reauthorization of all Federal programs according to budget function and subfunction as set forth in the Budget of the United States Government for Fiscal Year 1979. Sets forth the procedure in the House of Representatives and the Senate for the consideration of any bill, resolution, or amendment which authorizes new budget authority. States that it is not in order for either House to consider any legislation which authorizes the enactment of new budget authority for a program for a period of more than ten years, for an indefinite period, or for any fiscal year beginning after the next reauthorization date applicable to such program. Provides that before the Congress can appropriate funds for any program, after its first reauthorization date, there must be a specific authorization in law to support the appropriation. Requires the committees of the Senate and House of Representatives to conduct a sunset review of programs during the Congress in which such programs are scheduled for review. Requires that the report accompanying such reauthorization contain specified information, and that the report be completed during the Congress in which the program is scheduled for reauthorization. Exempts from the requirements of this Act specified programs such as interest on Federal debts, health care services, general retirement and disability payments, as well as litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution of the United States and specified retirement pay and benefits. Allows the reauthorization schedule set forth in this Act to be changed by concurrent resolution of the two Houses of Congress and sets forth the procedure for such change. Requires all legislation and other matters related to changes in the dates for programs under this Act to be referred to the committee with legislative jurisdiction over any program affected by the proposal and, sequentially, to the Committee on Rules in the House of Representatives and to the Committee on Rules and Administration in the Senate. Requires such committees to report any concurrent resolution or bill referred to it by a committee of legislative jurisdiction within 30 days, with a statement on each of its recommendations. Makes provisions for any proposed change which has been reported by a committee before June 1, 1980. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist Congress in carrying out the reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1980. Sets forth the contents of the inventory program, including the type of authorization provided for such programs' new budget authority; and the manner in which related program areas may be grouped for evaluation and review. Permits the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and suggest revisions. Requires that the program inventory be revised at the end of each session of Congress, and that such revisions be reported to each House. Requires that periodic reports tabulate the progress of congressional action on bills and resolutions authorizing budget authority for programs in the inventory. Requires the Comptroller General and the Director of the Congressional Budget Office to submit periodic reports to the Congress on the adequacy of the functional and subfunctional categories for grouping programs of like missions or objectives. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review, and criteria for selection of program areas for evaluation. Directs each committee to consult with the appropriate committees of either the House of Representatives or the Senate in order to achieve coordination of program reevaluation and inform itself of the related activities of or available assistance from the General Accounting Office, the Congressional Budget Office, the Congressional Research Service, the Office of Technology Assessment, and appropriate instrumentalities in the executive and judicial branches. Requires each committee to deliver a report on the reexamination to the Secretary of the Senate or the Clerk of the House at the date specified in the funding resolution first reported by such committee in 1981 and thereafter for the first session of each Congress. Allows two or more committees which have legislative jurisdiction over the same programs or portions of the same programs to examine such programs jointly and submit a joint report. Stipulates that such report: (1) contain the findings, recommendations, and justifications of the program; and (2) include specified information including, but not limited to, an assessment of the cost-effectiveness of the program and an identification of any trends, developments, and emerging conditions which are likely to affect the nature and extent of the problems or needs which the program is intended to address. Requires each executive department or agency which is responsible for a program selected for reexamination to submit a report to the Office of Management and Budget and to the appropriate committees of the Congress on its findings, recommendations, and justifications of specified aspects of the program. Title IV: Citizens' Commission on the Organization and Operation of Government - Establishes, as an independent instrumentality of the United States, the Citizens' Commission on the Organization and Operation of Government to conduct a nonpartisan study and investigation of the organization and methods of operation of all departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government, and to make such recommendations as it determines are necessary to promote economic, efficient and improved services in the transaction of public business. Requires the Commission to submit interim reports to the President and the Congress, and to submit a final report with its findings and recommendations. Requires the Comptroller General to report once a year for two years after submission of the Commission's final report on the status of actions taken as a result of the report. Specifies the composition of the 15-member Commission and sets forth the duties and powers of the Commission. States that the Commission shall cease to exist 90 days after submission of its final report. Authorizes to be appropriated until September 30, 1984, without fiscal year limitations, $4,000,000 to carry out the provisions of this Title. Title V: Regulatory Impact - Requires the President to submit, at the beginning of each of the five congresses beginning with the 97th Congress, an analysis of the purposes, function, and efficiency of 16 specified regulatory agencies. Requires the President to submit legislative plans, based on such analyses, for the improvement of operations of such agencies. Establishes a schedule according to which plans for specified agencies will be submitted early in each of the five congresses for which the required analyses are submitted. Directs the President, with each plan, to submit a report on the cumulative impact of government regulatory activity on specific industry groupings. Directs the Comptroller General and the Director of the Congressional Budget Office to assess each of the agencies included in the President's plan and to analyze the plan, and submit such information to the Congress. Title VI: Government Accountability - Requires the President, beginning with the first year of the 97th Congress, to submit biennially, as part of the budget, a report on the management of the executive branch. Requires the Director of the Office of Management and Budget to provide an evaluative report on Federal programs to the President to be included with the President's report. Title VII: Tax Expenditures - Requires the Director of the Congressional Budget Office, after consultation with the Joint Committee on Taxation of the Congress, to prepare an inventory of tax expenditure provisions and to submit a report on such inventory to the Committee on Ways and Means of the House and the Senate Finance Committee. Defines the term "tax expenditure provision" as any provision of Federal law which allows a special exclusion, exemption, or deduction in determining liability for any tax or which provides a special credit against any tax, a preferential rate of tax, or a deferral of tax liability. Specifies the contents of the report which include an estimate of the revenue loss from each tax provision. Requires the Director to: (1) submit a revised inventory to each House of Congress by December 1, 1980; (2) revise the inventory after the close of each session of Congress and report such revisions to Congress; and (3) periodically report on congressional action on bills and resolutions which create or affect tax provisions. Directs the House Committee on Ways and Means and the Senate Committee on Finance to prepare a reauthorization schedule for all tax provisions similar to the schedule set out for Federal programs in title I of this Act. Requires Congress to take final action on the reauthorization schedule for tax provisions before the end of the 96th Congress. Provides that each tax expenditure provision shall expire unless it is reauthorized by a law enacted during the Congress in which it is scheduled for review. Sets forth procedures and restrictions for the consideration of bills reauthorizing tax provisions, which are similar to the restrictions and procedures governing bills authorizing new budget authority for Federal programs as described in title I. Requires that the report accompanying a reauthorization bill include specified information. Permits Congress to prescribe technical rules as may be necessary to mitigate adverse effects which might result for taxpayers who rely on a certain tax provision. Title VIII: Miscellaneous - Amends the Budget and Accounting Act of 1921 to permit the committees of Congress to obtain from the agencies of the Government estimates or requests for appropriations or requests for increases in an item of any such estimate or request, and recommendations as to how the revenue needs of the Government should be met. Declares that nothing shall require the public disclosure of records which are specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive order, or which are otherwise specifically protected by law. Sets forth administrative procedures and requirements. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a "Regulatory Duplication and Conflicts Report" for all programs scheduled for reauthorization in the next Congress. Stipulates that each such report identify duplicative or conflicting rules and regulations promulgated by executive departments, independent agencies, and State and local governments and contain recommendations which address such conflicts or duplications. Defines the term "required authorization waiver resolution" for purposes of this Act. Sets forth the procedure which the chairman of the committee of the Senate or the House of Representatives having legislative jurisdiction over programs must follow in order to introduce a required authorization waiver resolution. Makes it the duty of the Committees on Governmental Affairs and on Rules and Administration of the Senate and the Committees on Government Operations and on Rules of the House of Representatives to review the operation of the procedures established by this Act and to submit a report every five years beginning December 31, 1986. Authorizes to be appropriated through fiscal year 1990 such sums as may be necessary to carry out the review requirements and for the compilation of the inventory of Federal programs.
United States · United States Congress · 15 January 1979
Constitutional Amendment - Provides that the people of the several States and the District constituting the Seat of Government of the United States shall elect the President and Vice President. Requires each elector to cast a single vote for two persons who shall have consented to the joining of their names as candidates for the offices of President and Vice President. Requires the electors of President and Vice President in each State to have the qualifications requisite for electors of the most numerous branch of the State legislature, except that for electors of President and Vice President, the legislature of any State may prescribe less restrictive residence qualifications and for electors of President and Vice President the Congress may establish uniform residence qualifications. Provides that the pair of persons having the greatest number of votes for President and Vice President shall be elected, if such number be at least 40 percent of the whole number of votes cast. Provides that if no pair of persons has such number, a runoff election shall be held in which the choice of President and Vice President shall be made from the two pairs of persons who received the highest number of votes. Requires the days for such elections to be determined by Congress and to be uniform throughout the United States. Requires Congress to prescribe by law the time, place, and manner in which the results for such elections shall be ascertained and declared. Allows Congress to provide for the case of the death, inability, or withdrawal of any candidate for President or Vice President before a President and Vice President have been elected, and for the case of the death of both the President-elect and Vice President-elect.
United States · United States Congress · 12 October 1978
Specifies that each State entitled to more than one Representative in the 99th Congress or any subsequent Congress shall establish a number of districts equal to the number of Representatives to which that State is entitled. Directs the districts to be established as soon as practicable after the latest decennial census, but in no case later than three years. Sets forth the standards for establishing districts in order to insure fair and effective representation in the House of Representatives. Declares that any State legislature may establish by law standards for establishing fair and effective districts. Sets forth judicial procedures to insure compliance with this Act.
United States · United States Congress · 21 September 1978
Eliminates the divisions of the judicial district of Maine. Adds Johnstown to the list of places where the United States District Court for the Western District of Pennsylvania shall be held. Transfers Polk and Tyler counties from the Southern District of the United States District Court for Texas to the Eastern District. Establishes a Lufkin Division of the Eastern District. Requires the Director of the Administrative Office of the United States Courts to conduct a comprehensive study of the judicial business of the Central District of California and the Eastern District of New York and make recommendations to Congress with respect to the need for creating new judicial districts.
United States · United States Congress · 17 August 1978
Congressional Oversight Improvement Act - Establishes, as a Congressional office, the Office of Congressional Legal Counsel to be headed by a Congressional Legal Counsel to defend Congress, a House of Congress, committee, subcommittee, Member, officer, or employee of Congress or an agency of Congress in civil actions in which the validity of any official proceeding or action taken by such person or entity is placed in issue or in cases involving subpoenas. Requires that specified representational activities undertaken by the Counsel be authorized by the Joint Leadership Group, House, Senate, or concurrent resolution, or committee affirmation according to the proposed action. Requires the Counsel, upon direction, to bring a civil action to enforce any subpoena issued by a House of Congress, committee or subcommittee authorized to issue such subpoena. Gives the District Court for the District of Columbia original jurisdiction over any civil action brought by a House of Congress or any authorized committee or subcommittee concerning the enforcement or validity of subpoenas. Requires the Counsel to intervene or appear as amicus curiae in the name of Congress, a House of Congress, or an officer, office, agency, committee, subcommittee or chairman of a House of Congress or of Congress in any legal action in any Federal or State court in which the powers and responsibilities of Congress, under the Constitution, are placed in issue. Directs the Counsel to notify the Joint Leadership Group of any legal action in which the Counsel is of the opinion that intervention is in the interest of Congress. Stipulates that the Counsel shall represent a House of Congress or committee or subcommittee in immunity proceedings. Requires the Counsel to notify the Joint Leadership Group and any affected party of any conflict between the representation of such party and the carrying out of this Act, or compliance with professional standards. Sets forth the procedure for resolving such conflict. Relieves the Attorney General of any responsibility with respect to representational service encompassed by this Act upon written notice that the Counsel has undertaken such service. Authorizes appropriations to the Office through fiscal year 1982 to carry out its duties under this Act.
United States · United States Congress · 16 August 1978
Exempts United States attorneys and United States Marshalls appointed for the Northern Mariana Islands from the residency requirement if they are simultaneously serving in the same capacity in another district.
![Official portrait of Rep. Kastenmeier, Robert W. [D-WI-2]](https://www.congress.gov/img/member/k000020_200.jpg)