United States · United States Congress · 6 December 1979
Consumer-Patient Radiation Health and Safety Act of 1979 - Directs the Secretary of Health, Education, and Welfare to promulgate within one year of enactment radiation protection standards for: (1) the accreditation of educational programs conducted by institutions for persons administering radiologic procedures; and (2) the certification of persons who administer radiologic procedures. Provides for Federal agency compliance with standards promulgated under this Act. Requires each Federal agency which is authorized to extend assistance for radiologic procedures to provide such assistance three years after enactment only in States administering accreditation and certification programs which meet the minimum Federal standards promulgated under this Act. Directs the Secretary to provide assistance to States in establishing programs to achieve the purposes of this Act, including the preparation of model law for consumer-patient radiation safety. Authorizes the Secretary to make grants to: (1) institutions conducting educational programs which meet the criteria required by this Act; and (2) private, nonprofit, autonomous organizations for accreditation or certification activities; and (3) States for the planning, development, and operation of accreditation or certification activities.
United States · United States Congress · 6 December 1979
Telephone Privacy Act - Amends the Communications Act of 1934 to prohibit unsolicited commercial telephone calls to a telephone subscriber who has notified the telephone company that he does not wish to receive such calls. Directs the Federal Communications Commission to prescribe regulations specifying the manner in which a telephone subscriber shall notify the telephone company that he does not wish to receive unsolicited calls. Prescribes criminal penalties for violations of this Act. Excludes from the definition of "unsolicited commercial telephone calls" calls made in response to an express request of the individual called or made in connection with an overdue debt or contractual obligation.
United States · United States Congress · 6 December 1979
Requests the Secretary of Agriculture, in cooperation with the Secretary of Health, Education, and Welfare, to develop a plan for local nutrition monitoring including: (1) the identification of priority target areas; (2) the development of a structure for monitoring specified regions; and (3) the choice of methodology and a timetable.
United States · United States Congress · 4 December 1979
Title I: Limitation on Future Growth of Federal Spending and Tax Expenditures - Federal Spending and Tax Expenditure Control Act of 1979 - Amends the Congressional Budget Act of 1974 to prohibit the adoption of any concurrent resolution on the budget which sets forth a level of total budget outlays and total tax expenditures in excess of 28.5 percent of the gross national product in fiscal year 1981, 28 percent of the gross national product in fiscal year 1982, or 27.5 percent of the gross national product in any fiscal year thereafter. Establishes procedures to enable the President and the Congress to suspend such limitations on budget outlays and tax expenditures. Title II: Federal Credit Program Control - Federal Credit Program Control Act of 1979 - Declares that the purpose of this Act is to provide a basis for controlling loans and loan guarantees under Federal credit programs through the congressional budget process. Requires the first concurrent resolution on the budget for each fiscal year to set forth the appropriate level of total gross obligations for the principal amount of direct loans and the appropriate level of total commitments to guarantee loans and to allocate such totals among the major functional categories of the budget. Directs each standing committee of the House and Senate to submit its estimates of direct loan obligations and loan guarantee commitments provided for in legislation under its jurisdiction by March 15 of each year for consideration of the Budget Committees in formulating the budget resolution. Directs the House and Senate Banking Committees to submit recommendations to the Budget Committees for the aggregate levels of direct loans and loan guarantees in each fiscal year. Requires the joint explanatory statement accompanying a conference report on the concurrent resolution on the budget to include an estimated allocation of the total levels of direct loan obligations and loan guarantee commitments among the committees of the House and Senate. Directs the Committees on Appropriations to provide such an allocation among their subcommittees as soon as practicable after a budget resolution has been agreed to. Requires the House Committee on Appropriations, before reporting any regular appropriations bills, to submit a summary report to the House comparing the credit authority contained in such bills to the levels agreed to in the budget resolution. Requires any report accompanying legislation conferring new budget authority or increasing tax expenditures to include information on direct loan obligations and loan guarantee commitments. Establishes a deadline for the completion of action on legislation providing credit authority. Requires the second concurrent resolution on the budget in any fiscal year and the reconciliation process to take into account Federal obligations and commitments on loans and loan guarantees. Declares out of order any measure brought up for consideration in either House which would increase the level of loan obligations and guarantee commitments agreed to in the budget process. Requires any authority to guarantee the payment of any indebtedness to be contingent on provisions in appropriation Acts.
United States · United States Congress · 8 November 1979
Infant Formula Act of 1979 - Amends the Federal Food, Drug, and Cosmetic Act to set forth requirements for infant formulas. States that formulas which do not conform to such requirements shall be deemed to adulterated. Requires each manufacturer of an infant formula to annually submit to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education and Welfare) reports or test results which show that the formula meets such requirements. Directs the Secretary to notify the manufacturer if such Secretary determines the formula is adulterated. Requires such manufacturer to give the Secretary satisfactory assurances of initiating a recall to all retail purchasers of such formula within 48 hours of receiving notification of the Secretary's determination. Directs the Secretary to initiate actions for the seizure of such formula should the manufacturer fail to make such assurances. Permits an inspector enforcing the provisions of this Act access to specified test records of the manufacturer at all times. Makes the failure to submit required reports and test results a prohibited act under the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 2 November 1979
Hazardous Waste Response Fund Act of 1979 - States that the provisions of this Act shall not apply to oil or other pollution of navigable waters. Amends the Solid Waste Disposal Act to establish a hazardous waste response program for dealing with emergencies involving the release or threat of release of hazardous waste into the environment from sites now regulated under Federal law. Authorizes the Administrator of the Environmental Protection Agency to take such emergency response actions as determined to be immediately necessary to prevent or minimize any harm to public health or the environment when any hazardous waste is released or is threatened to be released into the environment. Stipulates that where the Administrator determines that the owner or operator of such site, the generator of such waste, any other person responsible for such release or threatened release, or the State or local government concerned, will take such emergency actions, the Administrator shall not exercise such emergency response authority. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such emergency actions where it is determined that such entities have the capability to carry out those actions. Sets forth the types of emergency actions which are authorized. Authorizes the Administrator to remove, contain, and clean up hazardous waste at or associated with any hazardous waste site which may present a danger to public health or the environment. Directs the Administrator not to exercise such authority if he determines that the owner or operator of such site, the generator of waste treated, stored or disposed of at such site, any other person responsible for such site, or the State or local government concerned, will take the action referred to in this paragraph. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such actions where it is determined that such entities have the capability to carry out those actions. Sets forth the types of containment and removal actions which are authorized. Authorizes the Administrator to provide special rapid emergency assistance to State and local governments and to take such action, or assist other Federal agencies in taking actions as are deemed necessary to protect health and the environment from hazardous substances released into the environment in a manner which may present an imminent and substantial endangerment to public health or the environment. Stipulates that such assistance may be rendered and actions taken even where the Administrator is unable to immediately determine the applicability of any Federal law other than this Act or the existence of any authority to take remedial action with respect to such hazardous substance release. Requires the Administrator or such other Federal agency or instrumentality to reimburse the Fund established under this Act for amounts expended for emergency assistance or actions where it is determined that such action taken or assistance provided is authorized under any authority of law other that this Act. Directs the Administrator to issue a National Hazardous Waste Response Plan after appropriate public review and public hearings are completed. Sets forth the components of such plan, and requires that hazardous waste removal and containment and emergency assistance for releases of such wastes shall be in accordance with such plan. Requires that such plan set forth recommended methods, procedures, criteria, and equipment for handling released hazardous waste. Authorizes the Administrator to provide equipment and other items necessary for damage assessment and response capability of Federal, State, and local strike forces or other emergency response teams. Limits the Federal share of the cost of actions taken by the Administrator under this Act. Establishes in the United States Treasury a Hazardous Waste Response Fund to finance emergency response, removal, containment, cleanup, and other actions authorized by this Act, including administrative and personnel costs. Authorizes appropriations for fiscal years 1981 through 1984 for such fund. Includes in such fund: (1) fees collected under this Act; (2) damage payments received for liability for hazardous waste releases; (3) reimbursements for emergency assistance or for the costs of actions taken for removal, containment, or cleanup of hazardous waste releases; (4) penalties assessed under this Act; and (5) amounts authorized to be appropriated. Imposes fees to be set by the Administrator on: (1) suppliers of petrochemical feedstocks; (2) suppliers of inorganic elements and compounds; and (3) refiners and exporters of crude oil. Specifies the aggregate amounts of fees imposed under this Act which are to be collected from such parties. Authorizes the Administrator to reduce such fees upon his determination that any such feedstock, element, or compound is derived from the waste stream of a production process or from recycled materials. Imposes civil penalties for the failure or refusal to pay such fees. Directs the Administrator to issue regulations prohibiting the release of hazardous waste into the environment. Requires owners or operators of hazardous waste sites and persons responsible for hazardous waste releases or threatened releases violating the regulations issued under this Act to notify the Administrator thereafter. Prohibits any person from knowingly destroying or concealing records relating to hazardous wastes or hazardous waste sites. Authorizes the Administrator to require, by order, any owner or operator of a hazardous waste site or generator of hazardous waste to take such action as may be required for removal, containment, or cleanup of released hazardous waste. Authorizes the Administrator to commence a civil action against any person to impose a civil penalty for violation of regulations issued under this Act, up to $50,000 for single violations, and $250,000 for willful and knowing violations. Authorizes the Administrator to issue abatement orders or to seek equitable relief in the event of hazardous waste releases endangering or threatening to endanger public health or safety. States that the United States district courts shall have jurisdiction to grant such relief. Authorizes criminal penalties and imprisonment upon the owner or operator of a hazardous waste site or upon any other party responsible for a hazardous waste release for failure to comply with the notification requirements of this Act. Authorizes anyone taking actions under this Act as authorized by the Administrator to exercise the entry, inspection, and other authority contained in the applicable inspection provisions of the Solid Waste Disposal Act. Imposes strict liability upon any person causing or contributing to the release or threatened release of hazardous waste into the environment. Specifies the damages and costs for which such person shall be liable and states that such liability shall be to the governmental entity which incurred costs relating to removal, containment, emergency assistance or other actions, and to persons who sustained damages for personal injury, injury to property, and economic loss resulting from such release or threatened release. Stipulates that nothing in this Act shall affect the liability of any person under any other law except that the amount recovered under such other laws shall reduce the amount recoverable under this Act.
United States · United States Congress · 19 October 1979
Title I: Findings, Purposes, and Definitions - Declares that the purpose of this Act is to provide for a coordinated, simplified, and prompt process for obtaining Federal, State, and local approval of nonnuclear energy facilities which are determined to be in the national interest. Title II: Priority Projects - Authorizes the President to establish an Energy Mobilization Board to be composed of members appointed by the President. Sets forth the general duties and powers of such Board, including the subpoena power. Directs the Board to keep the Senate Committee on Energy and Natural Resources and the House Committees on Interior and Insular Affairs and on Interstate and Foreign Commerce fully and currently informed concerning its activities, including the submission of an annual report. Stipulates that projects related to the production of nuclear energy or approved under the Public Utility Regulatory Policies of 1978 be excluded from coverage under this Act. Directs the Board to designate Priority Energy Projects and to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Directs the Board to provide the appropriate committees with a copy of such designation orders. Sets forth the criteria the Board must consider in making such designations, including: (1) the extent to which the energy project would reduce the Nation's dependence upon nonrenewable resources; (2) the magnitude of any economic and social impacts and costs associated with the project in relation to the impacts and costs of alternatives; (3) the extent to which the project would make use of renewable energy resources, or conserve energy; (4) the extent to which the project would contribute to the development of new production or conservation technologies and techniques; (5) adverse impacts on the environment and on competition; and other specified criteria. Directs the Board to notify the Governor of each State in which any portion of a project designated as a Priority Energy Project is proposed to be located. Permits such Governor to appoint a non-voting Member to the Board to participate in decisions concerning such project, including the Project Decision Schedule. Exempts priority energy project designations or refusals to make a designation, promulgation or revision of Project Decision Schedules, and Board actions relating to streamlining of procedures, from the impact statement requirements of the National Environmental Policy Act of 1969 (NEPA). Directs the Council on Environmental Quality to determine whether any Federal action relating to a Priority Energy Project, after it has been so designated and prior to establishing the Project Schedule, will be a "major Federal action" for purposes of compliance with the National Environmental Policy Act (NEPA). Requires the Council to designate a lead agency to assure compliance with NEPA whenever a major Federal action is involved. Authorizes the Board to require that one environmental impact statement be prepared and that such statement be used by all Federal agencies to satisfy NEPA with respect to such projects. Authorizes the Board to extend the time for certain deadlines. Requires each agency having authority to make any agency decision with respect to any part of a project designated as a Priority Energy Project to transmit to the Board: (1) a compilation of all significant actions required to be taken by such agency and by the applicant before such decision can be made and a summary of procedural requirements applicable to such actions; (2) a tentative schedule for completing such actions and making such decisions; and (3) a statement of administrative requirements to take such actions. Directs the Board to publish a Project Decision Schedule within 45 days of the transmittal of agency information. Stipulates that such schedule: (1) identify the order in which decisions which must be made by each agency are to be made; (2) identify the deadlines applicable to such decisions; (3) be consistent with the tentative schedules transmitted to the Board, unless the Board determines a different schedule is essential to expedite and coordinate agency review; and (4) be binding on the agency and on all other persons to which the Schedule applies. Permits the Board to modify any schedule applicable to any agency's decision or action subject to the Project Decision Schedule upon petition of such agency where the agency determines such modification will facilitate agency compliance with the Schedule. Permits affected agencies to consolidate proceedings related to actions and decisions subject to the Project Decision Schedule, if such streamlined procedures provide for effective participation by interested parties in such decisionmaking. Directs the Board to monitor compliance with the Schedule by all affected agencies and persons. Permits the Board to take such actions as it deems appropriate to bring any person or agency responsible for a project delay into compliance with the Schedule. Directs the Board, when any person responsible for filing or taking any other action on behalf of a Project refuses to take such action, to either revise such Project Decision Schedule or revoke the Priority Energy Project designation. Stipulates that, unless otherwise provided for, the other statutory obligations and authority of any independent regulatory agency remain unaffected by this Act. Authorizes the Board to bring an expedited enforcement action against any agency failing to or reasonably likely to fail to comply with a Project Decision Schedule in the appropriate United States district court. Directs such court to issue specified orders requiring compliance with such Schedule and to take any necessary measures, including citation and punishment of the responsible officials for contempt of court, for failure to meet any court-imposed deadlines. Authorizes the President to perform any action or make any decision required of an agency by court order in the event such agency fails to perform such action or make such decision. Authorizes the Board to order the temporary suspension of the application of any requirement of Federal, State, or local law enacted or promulgated after the commencement of construction of any facility which is part of a Priority Project where it is determined that such requirement could prevent timely completion or operation of such facility and that such temporary suspension would not create any significant public health or safety risks. Sets forth time limits on such suspension orders and exempts specified requirements from being suspended. Stipulates that nothing in this Act shall expand or confer on the United States any right to acquire water rights nor alter any provisions of State law or interstate compact governing water use. States that Board action granting or denying designation orders or suspending Federal, State, or local requirements of law shall be subject to judicial review only for failure to comply with this Act or for constitutional violations. Provides for judicial review of other Board actions as specified. Requires that any reviewing court expedite and consolidate such review to the maximum extent practicable. Requires that any party seeking Supreme Court review of any judgment or order of a circuit court of appeals pursuant to this Act must file a petition for a writ of certiorari within 60 days of the decision of the lower court or such appeal shall be barred. Sets a 60-day time limit for the promulgation of regulations for carrying out this Act. Terminates the Board's authority seven years after the date of enactment of this Act. Directs the Board to prepare and submit to the President and the Congress a comprehensive report of its activities during such period. Directs the Comptroller General of the United States to submit to the Congress a report evaluating the performance of the Board and setting forth findings and recommendations with respect to the program authorized under this Act. Authorizes appropriations for fiscal year 1980 and succeeding fiscal years to carry out this Act.
United States · United States Congress · 19 October 1979
Expresses the sense of Congress that the Soviet Union should release Ida Nudel and allow her to emigrate to Israel. Urges the President to: (1) express U.S. opposition to the exile of Ida Nudel to Siberia; and (2) inform the Soviet Union that the United States will take into account the extent to which countries honor their commitments under international law, particularly concerning human rights.
United States · United States Congress · 18 October 1979
Expresses the sense of Congress that no U.S. company doing business in South Africa should not: (1) engage in unfair employment practices; (2) deny its employees the right to choose a representative organization; (3) maintain segregated facilities; or (4) pay unequal compensation for equal work. Expresses the sense of Congress that U.S. companies doing business in South Africa should: (1) recognize unions and permit collective bargaining; (2) train nonwhites for supervisory, administrative, and skilled jobs; and (3) try to improve housing, transportation, and health facilities for their nonwhite employees.
United States · United States Congress · 16 October 1979
Long-Term Care Residents' Rights Act - Declares as the policy of the United States that each resident in a long-term care facility has specified basic rights, such as the right to participate in decision-making regarding his or her medical treatment to the maximum extent possible, and the right to confidential treatment of personal and medical records. Requires that each long-term care facility which participates in a health care program, receives Federal assistance, or is certified for participation in a Federal or State health care financing program secure to each resident such basic rights by meeting specified obligations, including the following: (1) establishing written policies regarding residents' rights and procedures for implementing such policies; (2) informing residents of their rights and of any changes in the policies and procedures of the facility at least 30 days before any such change becomes effective; (3) informing residents of the services and charges of the facility; (4) giving 30-day notice to a resident who is to be involuntarily transferred or discharged from the facility; (5) assisting each resident to exercise his or her rights as a resident and citizen, including filing complaints and voicing grievances; (6) protecting each resident from mental and physical abuse; and (7) permitting residents who are husband and wife to share the same room if they so choose. Prohibits any such facility from: (1) denying admission to or terminating the stay of any resident because of the source of third-party payment; or (2) interfering with the right of any resident to receive primary health care services from sources other than the facility. Amends the Older Americans Act of 1965 to require the long-term care ombudsman program to investigate and resolve complaints made by or on behalf of a resident of a long-term care facility regarding alleged violations of rights secured by this Act. Grants to any individual whose rights under this Act have been violated a cause of action against the facility for damages and other relief in a United States district court without regard to the amount in controversy or exhaustion of remedies. Stipulates that the provisions of this Act shall not apply to any facility: (1) for the mentally ill; (2) owned and operated by the Federal Government or; (3) affiliated with a correctional institution.
United States · United States Congress · 16 October 1979
Calls upon the President, with respect to Chile, to: (1) recall the U.S. Ambassador to Chile; (2) apply statutes limiting assistance to countries with terrorist governments or countries harboring terrorists; (3) prohibit deliveries of defense articles or services; (4) recall all military personnel; (5) prohibit the issuance of U.S. visas to Chilean military or intelligence personnel; (6) prohibit credits or loan guarantees to be granted by the Export-Import Bank; (7) prohibit the granting of export licenses; (8) order the immediate suspension of private bank loans; and (9) demand that Chilean rights be fully restored.
United States · United States Congress · 11 October 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Simon Wiesenthal in recognition of his contribution to international justice through the documentation and location of war criminals from World War II. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 25 September 1979
Title I: Meat Labeling and Inspection - Amends the Federal Meat Inspection Act to require the labeling as imported of any imported meat or meat product, which is capable for use as human food, or its container. Requires that such products: (1) meet the same health standards as domestically produced meat; and (2) be tested in the exporting country. Requires periodic tests of such products in the United States by the Department of Agriculture as well. Title II: Requirement of Certain Eating Establishments to Inform Customers that Imported Meat or Meat Food Products are Served in Such Establishment - Requires eating establishments serving imported meat to inform customers of this fact.
United States · United States Congress · 11 September 1979
Fuel Assistance Act of 1979 - Title I: Fuel Assistance for Low-Income and Elderly Households - Directs the Secretary of Health. Education, and Welfare (HEW), in cooperation with the Secretary of Energy, the Director of the Community Services Administration, and the Secretary of Housing and Urban Development, to establish procedures for determining the needs of eligible low- income and elderly households for increased weatherization and other energy-related assistance and for providing such assistance on a time basis. Earmarks specified funds for the purpose of creating public information and outreach programs designed to ensure maximum participation in the energy assistance program established under this Act. Directs the Secretary of HEW, acting through the Social Security Administration, to establish a program to provide assistance to low-income and elderly households for meeting primary residential fuel costs. Sets forth criteria for determining the amount of such assistance, and requirements for eligibility. Specifies that the amount or value of benefits provided under such program shall not be considered income or resources for any purposes under any Federal or State law. Establishes a system of making payments to fuel suppliers supplying fuel to eligible recipients. Requires such suppliers to provide specified information to the appropriate State agency in order to qualify for such payments. Provides that such program shall be administered by the appropriate State agency according to an agreement between such agency and the Secretary, or, in the absence of such agreement, by the Secretary in accordance with regulations. Requires suppliers to keep full records and submit them to the Comptroller General as needed for auditing purposes. Prohibits suppliers from refusing to sell fuel to eligible participants solely on the basis of their participation in the fuel assistance programs established under this Act. Prohibits suppliers from terminating supplies of primary residential fuel to eligible households except in accordance with specified procedures. Imposes criminal penalties for violations of the provisions of this Act. Authorizes the Secretary to issue regulations necessary to carry out this Act. Authorizes appropriations to carry out such fuel assistance program. Directs the Director of the Community Services Administration to establish a crisis intervention program to supplement the fuel assistance program with evacuation procedures, emergency shelter, home repair, or payment of bills. Authorizes appropriations for such crisis intervention for fiscal years 1980 through 1982. Title II: Middle-Income Energy Tax Credit - Amends the Internal Revenue Code to allow a tax credit to eligible taxpayers for amounts paid for heating oil for principal residences.
United States · United States Congress · 6 September 1979
Fair Housing Amendments Act of 1979 - Entitles title VIII of the Civil Rights Act of 1968 (as entitled by this Act) the Fair Housing Act. Amends such Act to define "handicap" as: (1) a physical or mental impairment which substantially limits one or more of a person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. Defines "aggrieved person" as any person who claims to have been injured by a discriminatory housing practice or who believes that such person will be irrevocably injured by a discriminatory housing practice that is about to occur. Exempts from coverage under such Act a room or unit in an owner-occupied dwelling intended to be occupied by no more than four families living independently if such room or unit is sold or rented: (1) without the assistance of any real estate broker, agent, or salesman; and (2) without the publication or mailing of any advertisement or written notice indicating any preference or discrimination based on race, color, religion, or national origin. Stipulates that such prohibition shall not preclude the use of attorneys, title companies, or other professional assistance to perfect or transfer title. Includes the handicapped within the groups that may not be discriminated against in housing. Makes it unlawful: (1) for an insurer against hazards to discriminate with regard to such insurance contracts; (2) to refuse to sell or rent (after the making of a bona fide offer) to a handicapped person unless such handicap would present a prospect occupant from conforming to specified non-discriminatory rules and practices; and (3) to discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Stipulates, with regard to such sales, rental, or related services, that discrimination shall include a refusal to: (1) permit reasonable modification to permit access to the premises; and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons equal enjoyment of the premises. Stipulates, with regard to such sales and related services, that discrimination shall not include a refusal to: (1) make alterations at the expense of sellers, landlords, owners, or persons acting on their behalf; (2) modify generally applicable policies, services, or facilities where such modification would unreasonably inconvenience others; or (3) allow architectural modifications which materially alter the intended use of a building or its environs. Makes it unlawful for a State or local government employee or agency to impede the establishment of a dwelling specifically intended for handicapped persons, unless such dwelling: (1) would not comply with Federal, State, or local health or safety regulations; (2) would not comply with Federal or State program standards for services to the handicapped; or (3) would violate a land use plan or zoning ordinance. Makes it unlawful for any person whose business includes the making, buying, or insuring of loans, or selling, brokering, or appraising of real property, to discriminate in the availability or the conditions (amount, interest rate, duration) of such housing-related loans. Directs the Secretary of Housing and Urban Development to enforce the provisions of such Act upon receiving a written charge filed by an aggrieved party within one year after the alleged discrimination occurred, or upon the Secretary's initiative. Requires the Secretary to notify the party charged with a discriminatory practice within ten days of the filing of such charge. Grants the Secretary authority to subpena necessary information and witnesses, and to issue interrogatories. Establishes penalties of up to $1,000 or one year in prison for willfully failing to testify or produce records, intentionally giving misleading information, or willfully altering any documentary evidence. Directs the Secretary to refer a discriminatory housing charge made within the jurisdiction of a State or local agency to such agency if the agency is certified by the Secretary. Prohibits the certification of such agency unless the Secretary determines that the protections of substantive rights, procedures, remedies, and judicial review are equivalent to those under Federal law. Directs the Secretary and other Federal agencies to cooperate and avoid duplication of efforts. Authorizes the Secretary, on the basis of a preliminary investigation, to refer a charge to the Attorney General in order to get appropriate preliminary relief pending final disposition of such charge. Directs the Secretary, upon a determination that reasonable cause exists to believe a housing discrimination charge is true, to refer the matter to the Attorney General or to file an administrative complaint. Directs the Secretary to provide a copy of such investigation's findings to the parties involved. Sets forth hearing provisions, including: (1) notice of the complaint and opportunity for a hearing not less than 30 days after service of such complaint; (2) rescheduling of such hearing; (3) resolution of a complaint by conciliation; (4) respondent's right to file an answer and testify at such hearing; (5) an aggrieved party's right to intervene; (6) the authority of the person conducting such hearing to make findings of fact and conclusions of law, to issue a final order of relief, and to impose a civil penalty not to exceed $10,000 (provides that no such final order shall affect a bona fide sale, rental, or encumbrance consummated before the issuance of such order); (7) the Secretary's authority to modify any such final order; (8) court of appeals judicial review within 60 days of entry of such order; and (9) a civil penalty of up to $1,000 a day for violation of an unreviewable (as set forth by this Act) final order of the Secretary. Permits aggrieved individuals to commence civil actions within three years of the alleged discriminatory practice. Prohibits proceedings by both the Secretary and the aggrieved individual. Authorizes the Attorney General: (1) to intervene in an aggrieved individual's civil action; and (2) to commence a civil action (a) against a person engaged in a pattern or practice of resistance to these provisions or (b) to enforce the Secretary's findings or orders. Permits the aggrieved individual to intervene in an action commenced by the Attorney General. Allows prevailing parties reasonable attorney and expert witness fees as part of a judicial or administrative award under this Act. Directs the Architectural and Transportation Barriers Compliance Board to report to the Congress not later than October 1, 1981, concerning: (1) the extent to which architectural barriers and other obstacles to accessibility of housing are operating to deny handicapped persons access to a reasonable housing choice in the private market; (2) the extent to which public, private, or cooperative public and private efforts have been undertaken to increase housing choice for the handicapped in the private market; and (3) the projected cost of retrofitting an adequate supply of existing housing units to make such units suitable for occupancy by handicapped persons. Authorizes appropriations for this Act, effective as of October 1, 1980.
United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, and insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active- duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product. Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services; (2) health clinic services, including rural health clinic services; (3) home dialysis supplies; (4) tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lenses after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health-care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO: and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the maximum reasonable cost for such service; and (2) drugs and hearing aids in accordance with the lowest of: (A) the provider's fee charged for dispensing the drug or hearing aid; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtainable by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health-care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-, SSI-, AFDC-eligible residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare- eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (PL 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an advocate, to assist consumers in determining and protecting their rights to services; and (3) an inspector general, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B, Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State-chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3)that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services, and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health- care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI- Effective Dates, Transition Provisions, Amendments - Part A, Effective Dates and Transition Provisions - Sets forth effective dates for provisions of this Act. Provides for a special national premium rate for the period between October 1 and December 31 of the year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI: - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45-consecutive-day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost". Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 2 August 1979
Sales Representatives Protection Act - Title I: Contracts Between Sales Representatives and Principals - Requires a principal to furnish specified information to a sales representative concerning orders placed through the representative's account and a monthly accounting of commissions due such representative. Enumerates items which must be set forth in any contract between a sales representative and a principal. Title II: Indemnification - Exempts principals conforming with such information requirements from the indemnification provisions set forth in this Act. Requires a principal who, without good cause, terminates a contract between such principal and a sales representative, or reduces the rate of commission for orders solicited on behalf of such principal, to indemnify the representative according to this Act. Requires a principal who reduces the size of the geographic territory assigned to a representative for a specified account, which results in a specified reduction in commissions, to indemnify such representative. Sets forth formulae for the indemnification of such representatives. Title III: Miscellaneous - Allows a plaintiff to bring an action to enforce any rights or liabilities created by this Act in a United States district court. Stipulates the procedure for such action.
United States · United States Congress · 1 August 1979
Manassas National Battlefield Park Amendments of 1979 - Sets forth boundaries for the Manassas National Battlefield Park, Virginia. Prohibits the Secretary of the Interior from making any changes in such boundaries. Permits the Secretary to acquire any property or interests therein which are located within the boundaries of the park to effectuate the purposes of this Act. Sets forth the conditions for such acquisitions. Authorizes appropriations from the Land and Water Conservation Fund for the acquisition of such properties and interests.
United States · United States Congress · 31 July 1979
National Employment Priorities Act of 1979 - Requires a business concern to give notice, with an economic impact statement, to the Secretary of Labor and to affected employees, labor organizations, and local governments whenever such business concern intends a change of operations at an establishment which will result in an employment loss in any 18-month period of the lesser of 100, or of 15 percent, of the employees at such establishment. Requires, with exceptions, that such notice be given within specified periods of time (varying according to the number of employees affected) before such business concern reduces the weekly wages or suspends or terminates the employment of any employee in connection with such change. Directs the Secretary to investigate and hold public hearings on specified matters related to such change upon receipt of a written request for such investigation from an affected labor organization or from at least ten percent of the employees at such establishment. Requires such request to be made within 60 days of receipt of notice. Authorizes the Secretary to investigate and hold closed hearings on such matters, without regard to whether such notice is given, upon: (1) a determination that such investigation would serve the purpose of this Act; or (2) a request from at least 50 percent of such employees. Empowers the Secretary to issue subpoenas for witnesses and evidence in such investigations. Directs the Secretary to prepare and publish a report of such investigation. Makes employees who accept employment with such business concerns, with knowledge that such notice has been given, ineligible for specified assistance under this Act. Requires such business concerns to give written statements of employment status to employees whose weekly wages are lowered by a specified amount or who are suspended or terminated. Stipulates that an employee will be deemed to suffer an employment loss if a business concern fails to: (1) give such a statement of employment status to an employee; or (2) include in such statement an assurance of increased wages or reinstatement. Requires a business concern which gives such assurance, yet fails to prevent such employment loss, to pay such employee a lump sum in a specified amount in addition to other required payments. Requires a business concern, for a 52-week period following an employment loss, to make payments: (1) to the employee in a weekly income maintenance payment equal to 85 percent of such employees's wage rate or 100 percent of such rate while such employee participates in specified training programs; and (2) to specified employment benefit plans for such employees. Sets forth conditions under which such payments may be reduced or limited. Stipulates that such payments are not to be deemed wages for all other purposes, including specified employee benefit plans. Requires such business concerns to pay moving expenses for employees who resume employment with the same business concerns within three years. Requires such business concerns to continue weekly income maintenance payments to employees between 53 and 61 years of age when the 52 week payment period expires. Directs the Secretary to reimburse such business concerns for such continued payments. Directs the Secretary to make transitional assistance payments to employees upon their request whenever a business concern fails to make such payments. Provides that the amount of such payments shall then be owed, with interest, to the United States by such business concern. Makes a business concern which transfers ownership or control of an establishment to avoid liability for transitional assistance payments liable to the United States for a specified amount if the owning or controlling business concern fails to provide such assistance. Requires such business concerns to offer employees, who suffer an employment loss, any available employment, with equivalent wages and benefits, at any establishment of such business concerns for a three-year period after such employment loss. Sets forth such former employees' rights to credits and benefits in employee benefit plans and such business concerns' liability for payments to such plans. Stipulates that specified violations shall be deemed violations of the Employee Retirement Income Security Act of 1974, for which civil actions may be brought. Directs the Secretary, in consultation with specified groups, to implement a comprehensive assistance program (including existing or new programs of job training, job placement, and payments for job search and moving expenses) for employees who suffer or may suffer employment loss. Authorizes the Secretary to develop and implement retraining programs and to condition specified assistance to business concerns upon their implementation or assistance with such programs. Directs the Secretary to issue certificates of Federal procurement credit to business concerns which comply with this Act for appropriate periods if the Secretary finds that such assistance would provide additional employment opportunities through the cooperating concerns. Sets forth conditions of eligibility for assistance of business concerns, local governments, and certain employers or cooperative associations of employees. Authorizes the Secretary to provide specified forms of such assistance, giving priority to those which enable employees to continue at their present establishment. Makes such business concerns liable to local governments which lose revenue because of such changes of operations. Sets forth formulas for determining the amount of such liability. Directs the Secretary to pay such amounts to local governments if a business concern fails to do so (with such amount to be owed, with interest, to the United States by such business concern). Makes business concerns which transfer operations to an establishment outside the United States, when an economically viable alternative to such transfer exists, liable to the United States for lost revenues according to specified formulas. Sets forth criminal and civil violations and penalties. Enumerates violations of employees' rights and remedies for such violators. Directs the Secretary to: (1) recover overpayments for specified Federal assistance to employees obtained through a knowing deception; (2) maintain specified operating reserves; and (3) record mortgage security on specified loans. Provides procedures for Congressional disapproval of rules promulgated by the Secretary to carry out this Act. Directs the Secretary to make specified reports and legislative proposals to the Congress. Sets forth general powers of the Secretary in carrying out this Act. Directs the Secretary to implement this Act through the National Employment Priorities Administration. Authorizes the Secretary to delegate any function, power, or duty under this Act to the Administrator of the National Employment Priorities Administration. Establishes the National Employment Priorities Administration in the Department of Labor to: (1) perform such delegated functions, powers, and duties; (2) conduct research on the relationship between unemployment and changes of business operations; and (3) identify services and products which may profitably be provided by business concerns receiving specified assistance. Establishes the National Employment Priorities Advisory Council to: (1) advise and assist the Secretary in carrying out this Act; (2) evaluate programs under this Act; (3) study and report on those areas of future economic activity in which the United States will be at a competitive disadvantage and on industries in which many businesses may change operations; and (4) research and propose new assistance programs for employees, local governments, and business concerns. Authorizes appropriations to carry out this Act.
United States · United States Congress · 27 July 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 26 July 1979
Campaign Contribution Reform Act of 1979 - Amends the Federal Election Campaign Act of 1971 to prohibit any multicandidate political committee (other than a multicandidate committee of a political party) from making contributions to a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and his or her authorized committees which in any calendar year exceeds: (1) $5,000 with respect to any general or special election and a primary election relating to such election; or (2) $7,500 (but not more than $5,000 for one election) with respect to a general or special election and both a primary and runoff election relating to such election. Prohibits a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress or any authorized political committee from accepting contributions from political committees, other than committees of a political party, aggregating more than $50,000 in any calendar year, except in the case of a candidate who is a candidate in a general election and a special election, such candidate may accept such contributions aggregating: (1) $50,000 with respect to such general and any primary election relating to such general election; and (2) $50,000 with respect to such special election and any primary election relating to such special election. Specifies that any contribution made in a year, other than the calendar year in which the election is held, is considered to be made in the calendar year in which such election is held, and any contribution made after the date of such election shall be considered a contribution with respect to such election only if such contribution is used to pay obligations incurred with respect to such election. Specifies that any extension of credit for goods or services relating to advertising on broadcasting stations, in newspapers or magazines, by direct mail or other similar types of general public political advertising shall be considered a contribution, if such extension of credit is: (1) in an amount of more than $1,000; and (2) for a period of more than 30 days.
United States · United States Congress · 26 July 1979
Defines "appropriate manager" as a person whose management authority extends to informing Federal agencies and a business entity's personnel about serious dangers associated with a particular product or business practice. Makes it a Federal crime for an appropriate manager to knowingly fail to inform the appropriate Federal agency in writing, and to warn affected employees in writing, within 30 days after discovering in the course of business that a serious danger is associated with a product or business practice.
United States · United States Congress · 25 July 1979
Child Health Assurance Act of 1979 - Amends title XIX (Medicaid) of the Social Security Act to require the State plan for medical assistance required by such title to provide for making "medical assistance" available to: (1) any individual who is under the age of 18 or, at the option of the State, to any individual over the age of 17 and under 21; and (2) any woman for the period of her pregnancy and for 60 days following the termination of her pregnancy, and to any child born as the result of such pregnancy, if the resources and income of such individual or woman meet the resource and income tests of eligibility set forth in this Act. Stipulates that no enrollment fee or charge will be imposed for any such individual or woman. Includes as "medical assistance": (1) inpatient hospital services; (2) outpatient hospital services; (3) laboratory and x-ray services; (4) skilled nursing facility services; (5) child health assessment services and continuing care services; (6) immunizations clinic services, diagnosis and treatment of vision and hearing problems, (including hearing aids and eyeglasses, prescribed drugs and insulin, prosthetic devices, home health services, physical therapy), and rehabilitative services; (7) ambulatory mental health services delivered in centers funded under the Community Mental Health Centers Act; (8) emergency crisis intervention inpatient mental health services; (9) routine dental care; (10) family planning services and supplies to certain individuals; (11) prenatal and postnatal services; and (12) physicians' services. Directs the Secretary of Health, Education, and Welfare to establish a national child health assurance program (CHAP) income standard and a national maternal income standard for the purpose of establishing the eligibility of, and extent of medical assistance provided to, certain children and pregnant women. Sets the national child health assurance program income standard at two-thirds of the nonfarm income official poverty line and the national maternal income standard at 80 percent of the nonfarm income official poverty line. Requires a State Medicaid plan to assure the provision of outreach to pregnant women eligible for medical assistance. Defines "outreach" to mean the identification and location of pregnant women eligible for assistance and the informing of such women of the services available to them. Requires the provider of a child health assessment to: (1) provide timely and appropriate child health assessments to individuals under 21 who are eligible for Medicaid; (2) provide basic diagnostic and treatment services; (3) provide routine dental care; and (4) be reasonably accessible on a continuing basis to individuals whom it has assessed. Sets forth provisions concerning payments for CHAP services, including payments to health maintenance organizations for those who choose to have such services provided by such an organization. Directs the State agency to assure the compliance of providers with this Act. Requires a State Medicaid plan to develop, with substantial public input, a plan for the implementation of a CHAP which meets certain minimum levels of acceptable performance. Sets forth methods of determining Federal matching percentages and performance standards for the programs established under this Act. Directs the Secretary to report to Congress: (1) the level of performance of each State in implementing its CHAP; (2) the ratio of individuals under the age of 21 enrolled for Medicaid to the number of individuals under 21 whose income is below the nonfarm income official poverty line; and (3) the effectiveness of the performance standards established by this Act. Requires a State to submit a plan for outreach services to certain individuals eligible under the Medicaid program if the ratio of individuals under 21 enrolled in a State's Medicaid program to the number of individuals under 21 in families in that State whose income is below the nonfarm income official poverty line is significantly less than the national average. Requires a State, under part A (Aid to Families with Dependent Children) of title IV of the Act, to inform all families in the State receiving AFDC of the availability of child health assurance services available under title XIX. Prohibits a State's Medicaid plan from excluding aliens lawfully admitted for permanent residence. Directs the Secretary to conduct a study to determine the extent to which other Federal programs duplicate the health services provided under the Medicaid program to children and pregnant women. Directs the Secretary to study and, if necessary, conduct demonstration projects in order to evaluate (1) the participation of health care providers in the CHAP and (2) methods of improving their level of participation in such programs. Directs the Secretary to develop and carry out demonstration projects designed to determine the effect of payment on a capitation basis for services provided under a CHAP. Directs the Secretary to report to Congress on the studies and projects conducted pursuant to this paragraph. Directs the Secretary to study and report to Congress on the effectiveness of the CHAP. Stipulates that certain individuals under the age of 21 shall remain eligible for Medicaid while inmates in certain juvenile institutions.
United States · United States Congress · 23 July 1979
Marihuana Control Act of 1979 - Amends the Controlled Substances Act to establish a civil fine of not more than $100 for anyone who: (1) possesses not more than one ounce of marihuana within a private dwelling for his or her own use, or for the use of others within such dwelling, if it is not possessed with the intent to distribute, transfer, or sell in violation of Federal law; (2) possesses in a public area not more than one ounce of marihuana incident to a private use, if it is not possessed with the intent to distribute, transfer, or sell for profit in violation of Federal law; or (3) distributes or transfers lawfully possessed marihuana in public or private to any person for a lawful private use, if such distribution or transfer is not made for profit.
United States · United States Congress · 20 July 1979
Clinical Laboratory Improvement Act of 1979 - Title I: Public Health Service Act Amendments and Clinical Laboratory Studies - Directs the Secretary of Health, Education, and Welfare to promulgate national standards for clinical laboratories, designed to assure consistent performance of accurate and reliable tests and other procedures and services. Stipulates that such standards shall: (1) require clinical laboratories subject to the standards to maintain appropriate quality control programs; (2) require such laboratories to maintain records, equipment, and facilities necessary for effective operation; (3) include requirements for periodic proficiency testing of laboratories; and (4) prescribe qualifications for directors, supervisors, and technical personnel employed in laboratories. Provides that the standards may vary on the basis of the type of laboratory services provided or the purposes for which the services are performed. Directs the Secretary to develop within one year of enactment standards for proficiency testing of clinical laboratories subject to the national standards. Applies the national standards to all laboratories engaged in interstate commerce or located in States which do not have primary enforcement responsibility for the regulation of clinical laboratories. Provides that the standards provisions relating to personnel qualifications shall not apply for a two-year period to certain clinical laboratories located in rural areas. Exempts from the national standards any clinical laboratory which: (1) is located in the office of a physician, dentist, or podiatrist and performs services only in connection with the treatment of patients; (2) performs services only for biomedical or behavioral research; or (3) engages exclusively in the assessment of cardiac or pulmonary function. Subjects Federal clinical laboratories under the jurisdiction of the Secretary to the national standards, with certain exceptions. Directs the Secretary to establish a system for the licensing of all clinical laboratories subject to national standards provided for under this Act. Prohibits a clinical laboratory subject to such standards from performing any tests or providing any services without a valid license. Sets forth circumstances under which the Secretary may suspend or revoke a laboratory's license. Enumerates criteria which a State must meet to have primary enforcement responsibility for the regulation of clinical laboratories. Directs the Secretary to review at least every two years the clinical laboratory regulatory activities of a State. Prohibits the solicitation or acceptance of specimens for laboratory tests by a clinical laboratory which is required to be licensed and which either does not have such a license or is not part permitted under such license to perform such service. Authorizes the Secretary to enjoin the continuation of any activity by a clinical laboratory required to be licensed under this Act which constitutes a significant hazard to the public health. Authorizes an inspection procedure with respect to laboratories subject to the national standards. Prohibits an employer from taking action against an employee who has assisted or participated in an investigation of such employer pursuant to this Act. Establishes a procedure for investigating and correcting employers' retaliatory actions against employees. Authorizes the Secretary to enter into agreements with: (1) qualified public or nonprofit private entities to administer tests and make inspections as provided for under this Act; and (2) States to administer the licensure program provided in this Act under the Medicare program. Directs the Secretary to report annually to Congress with respect to the accuracy and costs of laboratory tests and procedures during the previous fiscal year. Requires the Secretary to establish a uniform regulatory program for the administration of the laboratory certification and regulation functions under this Act, Medicare and Medicaid, and the Food, Drug, and Cosmetic Act. Entitles the United States to recover from Alaska the value of certain medical facilities which were constructed with Public Health Service Act grants, if such facilities cease to be publicly owned and operated for the treatment of patients under Alaska's mental health program. Directs the Secretary to conduct studies of: (1) existing voluntary certification standards and State licensure laws for laboratory personnel; (2) qualifications of entities that certify such personnel; (3) existing and proposed public and private mechanisms to determine the continued competence of such personnel; (4) existing laboratory proficiency testing methods; and (5) the relationship of requirements for such personnel and of clinical laboratory proficiency testing requirements with clinical laboratory performance. Specifies analyses to be included in such studies, and directs the Secretary to report to Congress on the results of the studies. Directs the Secretary to provide for a study concerning the quality of performance of exempt laboratories and to report the results to Congress within two years of enactment. Stipulates that if the results of tests performed by laboratories participating in proficiency testing programs are significantly more reliable and accurate than those of non-participants, that participation in such a program be made a condition of continued exemption from national standards. Directs the Secretary to conduct studies of: (1) the quality of the tests and other procedures and services provided by highly specialized clinical laboratories, including highly specialized clinical laboratories exempted from the national standards; and (2) the effect of the amendments made by this Act on the quality and cost of clinical laboratory services. Title II: Social Security Act Amendments and Study and Report - Amends title XI of the Social Security Act (General Provisions) to limit the amounts of certain payments for clinical laboratory services under the Maternal and Child Health program, Medicare, and Medicaid. Requires an independent clinical laboratory to disclose rate information to the Secretary as a condition of participation in such programs and the Grants to States for Services program. Amends title XVIII of such Act (Medicare) to set forth requirements with respect to payment for laboratory tests under Medicare. Requires all clinical laboratories to be licensed under this Act as a condition for Medicare certification. Amends title XIX of such Act (Medicaid) to allow a State to make arrangements for the purchase of certain laboratory services. Directs the Secretary to evaluate such arrangements and submit recommendations to Congress within two years of the date of enactment. Sets forth certain requirements with respect to a State plan's treatment of laboratory services. Directs the Secretary to conduct, and report to Congress the findings of, a study of the financial arrangements entered into by hospitals reimbursed under Medicare and Medicaid for the provision of clinical laboratory services to determine if such arrangements are in the public interest. Directs the Secretary to report to Congress specified billing information with respect to laboratory services under Medicare.
United States · United States Congress · 19 July 1979
Competition Review Act - Establishes the Competition Review Commission as an independent instrumentality in the executive branch to study Federal laws and practices which have a significant impact on competition in specified industries including the antitrust laws, the patent laws, the internal revenue laws and regulations, the National Labor Relations Act, regulatory policies, and contracting and bidding practices. Establishes the membership of such Commission which includes representatives from the legislative and executive branches of the Federal Government and the private sector. Directs the Commission to appoint an Executive Director at Level V of the Executive Schedule. Empowers the Commission to subpoena witnesses and evidence and to have such process enforced in the United States district courts. Grants the Commission power to issue civil investigative demands and general or specific orders for information identical to the authority conferred upon the Federal Trade Commission and the Attorney General under the Federal Trade Commission Act and the Antitrust Civil Process Act. Requires all actions challenging this Act or the authority of the Commission to be filed in the United States District Court or the Court of Appeals for the District of Columbia Circuit. Requires these Courts to give precedence to such actions over all other actions on their calendars. Directs the Commission to prepare an initial plan for its investigations, a comprehensive bibliography on antitrust policies and competition, a timetable and outline for its studies, any interim reports it deems advisable, and a final report on the state of competition in the American economy. Requires the Commission to submit such reports, at specified intervals, to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate culminating in the submission of its final report within five years of the enactment of this Act. Prohibits the disclosure of any information obtained by the Commission except to the Commission staff while engaged in the performance of its duties. Requires all such information to be held under seal by the Administrator of General Services for at least five years following the termination of the Commission. Terminates the Commission 90 days after the submission of its final report. Authorizes appropriations to carry out the purposes of this Act.
United States · United States Congress · 18 July 1979
Amends the procedure for interception of wire or oral communications to require a separate judicial order for the entry of premises for such purpose, if a search warrant would be required for such an entry for a purpose other than an interception. Requires an application for such an order to contain a description of the premises to be entered and a statement of the reasons for the entry.
United States · United States Congress · 17 July 1979
Contraceptive Labeling and Advertising Act - Amends the Federal Food, Drug, and Cosmetic Act to require that the label and advertising for contraceptive drugs and devices state the effectiveness of such drugs and devices in preventing conception in humans. Requires a label also to state directions for use and that professional advice should be sought to determine the most appropriate form of contraception. Directs the Secretary of Health, Education, and Welfare to establish standards for determining the effectiveness of such drugs and devices.
United States · United States Congress · 16 July 1979
Amends the Fishery Conservation and Management Act of 1976 to prohibit the Secretary of Commerce from approving the application for permits for foreign fishing vessels of any nation if it has been determined by the Secretary that the nationals of such nation are conducting fishing operations in a manner that undermines the effectiveness of international fishing conservation programs.
United States · United States Congress · 16 July 1979
Research Modernization Act - Directs the Secretary of Health, Education, and Welfare to establish within the National Institutes of Health a National Center for Alternative Research to develop and coordinate alternative methods of research and testing which do not involve the use of live animals. Directs that the Center will be managed by a Director who shall be appointed by the Secretary of Health, Education, and Welfare and that the head of any Federal agency which conducts or sponsors research or testing involving the use of live animals shall appoint one employee to serve as a member of the Center. Requires the Center to submit annual plans to the Secretary which shall include: (1) the identification and development of alternative methods of research and testing which do not involve the use of live animals; (2) directives to agencies which conduct or sponsor such research or testing; (3) an evaluation of the activities of the Center; and (4) an evaluation of the extent to which the goals of the plan have been achieved. Requires the Secretary to submit a report annually to Congress summarizing the plan. Requires the Secretary to make and publish in the Federal Register descriptions of alternative methods of testing which meet the regulatory scientific needs of the agencies and which have been reported in summary or plan. Prohibits the use of Federal funds to sponsor research or testing involving the use of live animals if alternative methods have been published in the Federal Register or if such work duplicates work performed by another agency. Requires each agency conducting research involving the use of live animals to: (1) implement a program to develop and utilize alternative methods of research and testing that would reduce or eliminate reliance on the use of live animals; (2) implement a program to develop and utilize methods which minimize or eliminate the pain, suffering, and fear of animals used in such research and testing; and (3) make grants and enter into contracts with educational institutions to establish courses for the training of scientists in methods of research and testing which do not involve the use of live animals.
United States · United States Congress · 13 July 1979
Directs the Secretary of Energy to construct and operate national demonstration facilities for the conversion of garbage and other solid waste materials into fuels. Sets forth requirements for the siting and operating of such facilities, and specifies that one such facility shall be located in New Jersey.
United States · United States Congress · 13 July 1979
Expresses the sense of the House that: (1) the report of the Secretary of Health, Education, and Welfare entitled "Report on Home Health Services Under Titles XVIII, XIX, and XX" is not responsive to the requirements set forth in the Medicare-Medicaid Anti-Fraud and Abuse Amendments; and (2) such report shall be returned to the Secretary and revised to comply with such requirements.
United States · United States Congress · 11 July 1979
Energy Antimonopoly Act of 1979 - Amends the Clayton Act to prohibit any entity, or subsidiary thereof, which produced or had an interest in a total of 35,000,000 barrels of crude oil, condensate, and natural gas liquids in 1976 from acquiring control or a majority of the assets of any other entity whose assets exceed $100,000,000.
United States · United States Congress · 10 July 1979
Declares that the Soviet authorities should: (1) release a copy of the judgment against Anatoly Shcharansky; and (2) free Shcharansky and other Prisoners of Conscience and permit their emigration to Israel.
United States · United States Congress · 10 July 1979
Declares it the sense of Congress that the Postmaster General and the Citizens Stamp Advisory Committee should give favorable consideration to the issuance of a commemorative postage stamp in honor of Americans of Italian descent and the 250th anniversary of the birth of Philip Mazzei on December 25, 1980, or as soon as possible thereafter. States that the Postmaster General and the Committee should honor other foreign-born contributors to the revolutionary cause, from countries which have not yet been commemorated, prior to the conclusion of the American Bicentennial celebration in 1983.
United States · United States Congress · 29 June 1979
Carryover Basis Simplification Act of 1979 - Amends the Internal Revenue Code to revise the estate tax rules for determining the basis of carryover basis property in the hands of an individual acquiring such property from a decedent. Defines "carryover basis property" as any property which is acquired from or passed from a decedent who died after December 31, 1979, and which is not specifically excluded from the category of carryover basis property under the provisions of this Act. Provides that the basis of carryover basis property acquired from a decedent shall be its adjusted basis for purposes of determining gain immediately before the death of the decedent (initial basis), increased by the sum of the minimum basis adjustment and the death tax adjustment for such property (as defined by this Act). Requires the allocation of such adjustments among the carryover basis properties for purposes of the estate tax. Exempts from classification as carryover basis property: (1) assets of an estate which have a fair market value of $175,000 or less (the estate tax exemption amount); (2) property which was acquired from a decedent and sold before the decedent's death; (3) income in respect of a decedent; and (4) life insurance proceeds. Permits the executor of an estate to elect to exclude from carryover basis property classification, tangible personal property which the decedent held as a capital asset and which has a fair market value of $25,000 or less. Provides for a "fresh start adjustment" for marketable securities to increase the adjusted basis of such securities to their fair market value on December 31, 1976. Provides for a similar adjustment to all other types of property. Permits only one fresh start adjustment for carryover basis property. Treats preferred stock which was issued and outstanding on December 31, 1976, as marketable securities for purposes of the adjustment. Sets the fair market value of such preferred stock at its stated redemption price on such date excluding any dividends in arrears. Permits the holding period, bases, and fair market values of various types of property to be determined on a class basis rather than on an individual item basis. Provides that the value of improvements to a decedent's principal residence which the decedent held for a period beginning after December 31, 1976, shall be deemed to be not less than $250. Sets the decedent's basis in carryover basis property at fair market value as of the date such property was acquired by the decedent where facts necessary to determine the decedent's basis immediately before death are unavailable. Sets forth procedures for a binding determination of the initial basis of carryover basis property. Permits an executor of an estate to request from the Secretary of the Treasury an audit of the initial basis of any carryover basis property shown on an estate tax return. Provides for judicial review of the Secretary's determination in Tax Court unless the Secretary and the executor have entered into an agreement as to the initial basis of any carryover basis property. Provides penalties for negligent or fraudulent overstatement of the initial basis of carryover basis property. Provides for carryover basis treatment of property received by a beneficiary in a distribution from an estate or trust, with adjustments for gain or loss recognized to the estate or trust on the distribution. Revises the method for computing the estate tax deduction from amounts includible in gross income as income in respect of a decedent. Provides for an adjustment to the basis of gifts made after December 31, 1976, based upon the net appreciation in value of all appreciated taxable gifts made by a donor during a particular calendar quarter after such date. Exempts gifts which are includible in the gross estate of the donor or which have been disposed of prior to the donor's death from such gift tax adjustment. Revises basis adjustment rules for generation-skipping transfers after June 11, 1976. Permits the application of capital loss deductions which are carried over from the decedent's last taxable year to the gross estate of such decedent. Restores capital gain tax treatment to the sale of inherited artwork. Revises rules for the extension of time for payment of estate tax where an estate consists largely of interests in a closely held business.
United States · United States Congress · 27 June 1979
Animal Welfare Act Amendments of 1979 - Amends the Animal Welfare Act to prohibit coursing (the use of live animals as visual lures in dog racing and training). Sets forth the penalties for violation of this Act. Exempts any dog trained by the use of any live visual lure, or sponsored or exhibited in a coursing venture, or any animal used as a live visual lure in a coursing venture before the effective date of this Act from the provisions of this Act.
United States · United States Congress · 27 June 1979
Expresses the sense of the Senate that the President should call upon Paraguay to apprehend and extradite Josef Mengele to stand trial in the Federal Republic of Germany.
United States · United States Congress · 26 June 1979
Declares that exclusive territorial arrangements made as a part of a licensing agreement for the manufacture, distribution, or sale of a trademarked soft drink product are lawful under the antitrust laws provided such product is in substantial and effective competition with other products of the same general class.
United States · United States Congress · 25 June 1979
Elderly Homeowner's Relief Act - Amends the Home Owner's Loan Act of 1933 to permit Federal savings and loan associations to offer reverse annuity mortgages on the security of first liens upon residential real property in accordance with regulations promulgated by the Federal Home Loan Bank Board. Requires the regulations issued by the Board to include provisions which: (1) entitle applicants to withdraw without penalty from the mortgage agreement within 17 days of its consummation; (2) assure notice to consumers of all contingencies under the terms of the mortgage in the event of default; (3) provide all applicants an opportunity for refinancing at the end of the mortgage term; (4) allow prepayment at any one time without penalty; (5) require all associations to purchase annuities from an insurance company licensed by the State of their incorporation; (6) prohibit any variable interest rate on the mortgage loan; and (7) require applicants to receive a written notice of the terms of the mortgage loan containing specified provisions.
United States · United States Congress · 21 June 1979
Expresses the congressional intention that the President initiate negotiations with other oil importing nations to establish a Council of Oil Importing Nations to negotiate for reasonable oil prices with the Organization of Petroleum Exporting Countries. Directs the President to develop and submit to such Council a set of appropriate sanctions to be used by such Council to encourage compliance with negotiated oil prices. Requires the President to report to Congress concerning progress with such negotiations.
United States · United States Congress · 18 June 1979
Directs the President to exercise the authority granted under the Emergency Petroleum Allocation Act of 1973: (1) to reduce crude oil inventories; and (2) to distribute the crude oil thus made available to refiners which will process such oil into gasoline, diesel fuel, and Number 2 fuel oil in order to meet the demand for such products during the 12-month period following enactment of this Act.
![Official portrait of Rep. Maguire, Andrew [D-NJ-7]](https://www.congress.gov/img/member/m000058_200.jpg)