United States · United States Congress · 25 September 1979
Title I: Meat Labeling and Inspection - Amends the Federal Meat Inspection Act to require the labeling as imported of any imported meat or meat product, which is capable for use as human food, or its container. Requires that such products: (1) meet the same health standards as domestically produced meat; and (2) be tested in the exporting country. Requires periodic tests of such products in the United States by the Department of Agriculture as well. Title II: Requirement of Certain Eating Establishments to Inform Customers that Imported Meat or Meat Food Products are Served in Such Establishment - Requires eating establishments serving imported meat to inform customers of this fact.
United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, and insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active- duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product. Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services; (2) health clinic services, including rural health clinic services; (3) home dialysis supplies; (4) tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lenses after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health-care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO: and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the maximum reasonable cost for such service; and (2) drugs and hearing aids in accordance with the lowest of: (A) the provider's fee charged for dispensing the drug or hearing aid; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtainable by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health-care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-, SSI-, AFDC-eligible residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare- eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (PL 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an advocate, to assist consumers in determining and protecting their rights to services; and (3) an inspector general, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B, Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State-chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3)that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services, and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health- care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI- Effective Dates, Transition Provisions, Amendments - Part A, Effective Dates and Transition Provisions - Sets forth effective dates for provisions of this Act. Provides for a special national premium rate for the period between October 1 and December 31 of the year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI: - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45-consecutive-day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost". Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 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 · 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 · 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 · 28 June 1979
Amends the Bankruptcy Act to stipulate that, for the period between December 18, 1977, and November 6, 1978, an abandonment or sale of the properties of a railroad in reorganization need not be approved by the Interstate Commerce Commission. Authorizes the Commission to direct a willing provider of truck or water transportation to transport the traffic of shippers using a railroad line abandoned pursuant to a court decree under the Bankruptcy Act if such transportation would be more efficient than directed rail carriage. Sets forth employee protection arrangements for individuals displaced from their employment on account of such an abandonment. Stipulates that a rail carrier required to provide such protective arrangements shall be reimbursed for such costs by the Railroad Retirement Board. Requires the rail carrier to repay such sums when the Board determines that the financial condition of the carrier permits such reimbursement. Authorizes appropriations to the Board for such reimbursements.
United States · United States Congress · 27 June 1979
Capital Cost Recovery Act of 1979 - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Allows a ten percent investment tax credit for buildings and tangible property, and a six percent credit for automobiles, taxis, and light duty trucks. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year.
United States · United States Congress · 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 · 26 June 1979
Amends title XVI (Supplemental Security Income) of the Social Security Act to extend until October 1, 1982, the program of Federal payments to States for costs incurred in carrying out a State plan of services for disabled children who receive SSI benefits.
United States · United States Congress · 8 June 1979
Public Disclosure of Lobbying Act of 1979 - Requires each organization which expends more than $5,000 per quarter year for lobbying purposes to register with the Comptroller General and to update annually such registration. Requires the identification of certain persons retained for such lobbying purposes. Requires such organization to file quarterly reports concerning such lobbying activities including: (1) listing of total lobbying expenditures including each expenditure over $35 made to or for the benefit of any Federal officer, congressional employee, or Member of Congress; (2) the identification of retainees of an organization or certain employees making lobbying communications and the disclosure of certain expenditures; (3) a description of the issues for which such an organization has lobbied; and (4) known business contacts with the person whom such organization is attempting to influence. Requires that the final quarterly report identify by amount each organization which contributed $3,000 or more to the reporting organization, unless the reporting organization proves that such identification would subject the contributing organization to harassment. Exempts certain tax-exempt organizations from such reporting requirement. Specifies duties of the Comptroller General concerning the management of such disclosed information which include making copies of each registration and report required by this Act available for public inspection and copying. Makes any person who knowingly violates the registration, recordkeeping, or reporting requirements of this Act subject to a civil penalty not to exceed $100,000. Authorizes the Attorney General to institute a civil action to compel compliance with all such requirements. Directs Attorney General to notify and consult a person suspected of violating such requirements before commencing such action. Authorizes the Attorney General to issue a civil investigative demand requiring a person suspected of violating this Act to produce specific documentary material. Sets forth the procedure governing the service of such a demand and the custody of the documentary material. Permits the Attorney General to petition the court for an order to enforce such demand and permits the person served with such demand to petition for a court order to modify the demand. Directs the Comptroller General to transmit reports to the President and each House of the Congress no later than March 31 of each year concerning activities under this Act. Provides a Congressional veto of rules and regulations promulgated by the Comptroller General pursuant to this Act. Repeals the Federal Regulation of Lobbying Act and specified provisions of the Legislative Reorganization Act. Authorizes to be appropriated $1,600,000 for each of the fiscal years 1981-1983.
United States · United States Congress · 30 May 1979
Fair Employment Relations Resolution - Title I: Fair Employment Relations Board - Establishes as an office of the House of Representatives the House Fair Employment Relations Board to: (1) establish and publish policies and guidelines for the implementation and enforcement of clause 9 of rule XLIII and clause 6(a) (3) (A) of rule XI of the Rules of the House of Representatives; (2) supervise the actions of the Director and the operations of the House Fair Employment Relations Office; and (3) hear and determine complaints. Title II: House Fair Employment Relations Office - Establishes as an office of the House of Representatives the House Fair Employment Relations Office to develop procedures to implement the policies of the Board, gather information relating to House employment practices, and review procedures for the hearing and setting of complaints. Title III: Complaints of Violations of Equal Employment Opportunities - Provides for counseling and assistance through the Office to any individual who believes that he or she has been discriminated against in violation of rule XI or rule XLIII of the Rules of the House of Representatives. Sets forth the procedures for filing informal complaints based on employment discrimination, and for the informal settlement of such claims. Sets forth the procedure for filing formal complaints, and for conducting hearings on such claims. Provides for an appeal to the Committee on Standards of Official Conduct from an adverse decision or order of the Board. Sets forth remedies available to individuals who have experienced discrimination.
United States · United States Congress · 16 May 1979
Amends the Food Stamp Act of 1977 to entitle households composed entirely of persons who are age 60 or older, or who receive supplemental security income benefits under title XVI of the Social Security Act, to a medical expense deduction in the computation of household income which is equal to the actual cost of medical expenses. Removes the $75 limit on the excess shelter expense deduction for such households.
United States · United States Congress · 14 May 1979
Amends title XVIII (Medicare) of the Social Security Act to provide payment for occupational therapy services under the supplementary medical insurance program.
United States · United States Congress · 9 May 1979
Amends the Internal Revenue Code to deny the foreign tax credit for foreign related oil income. Defines "foreign oil related income" as income derived from sources outside the United States from: (1) the extraction of minerals from oil or gas wells; (2) the processing of such minerals into their primary products; (3) the transportation and sale of such minerals or primary products; or (4) the sale or exchange of assets used in energy related businesses. Denies credit carryovers and net operating loss carrybacks with respect to foreign oil related income.
United States · United States Congress · 7 May 1979
Gasohol Marketing Freedom Act of 1979 - Amends the Petroleum Marketing Practices Act to prohibit the termination of a gasoline dealer's franchise due to its selling, consigning, or distributing gasohol, and prohibits any reprisals or discrimination against retailers or distributors of gasohol because of such sale, consignment, or distribution.
United States · United States Congress · 3 May 1979
National Alcohol Fuel and Farm Commodity Production Act of 1979 - Amends the Rural Development Act of 1972 to replace the current program of loan guarantees for pilot project production of industrial hydrocarbons from agricultural commodities with a program under which the Secretary of Agriculture may guarantee payment of 50 percent of loans made by private lenders to persons constructing and maintaining plants for the production of fuel alcohol derived from agricultural commodities. Authorizes the Secretary to sell such commodities to such loan recipients and to acquire and use distilled dried grains plus solubles (DDGS) from them. Specifies conditions for such loan guarantees and sets the maximum cumulative total of outstanding principal and interest during the period from October 1, 1979, through September 30, 1984, at $600,000,000. Establishes in the Treasury of the United States the Alcohol Fuel Plant Loan Guarantee Fund, and authorizes the appropriation of $60,000,000 for deposit in such Fund for fiscal year 1980. Amends the Agricultural Act of 1949 to set the loan level for corn at $2.10 per bushel, and the established price for the 1982 crop at $2.75 per bushel. Directs the Secretary to study and report to Congress on the uses and marketing of the byproducts resulting from the production of alcohol fuel, including, if appropriate, a market promotion program identifying the foreign markets for such byproducts for human consumption.
United States · United States Congress · 2 May 1979
Directs the Postmaster General to issue four commemorative postage stamps to honor leaders of the American labor movement. Stipulates that one such stamp shall honor Walter Philip Reuther and each of the three remaining stamps shall honor another labor leader as designated by the Postmaster General.
United States · United States Congress · 1 May 1979
Comprehensive Anti-Inflation Act of 1979 - Title I: Coordination of Economic Policies - Amends the Employment Act of 1946 with the stated purpose of reducing the rate of inflation and keeping it within reasonable bounds. Directs the President to include in each annual Economic Report a set of economic and regulatory policies designed to combat inflation which set forth: (1) fiscal policy targets; and (2) specific programs to achieve price goals. Directs the Board of Governors of the Federal Reserve System to include in its annual report to Congress an independent statement of its intended monetary policies for the year. Title II: Establishment of Guidelines - Requires the President to include in the Economic Report a set of guidelines to govern price increases and wage settlements. Authorizes the President to promote voluntary compliance with such guidelines. Prohibits the use of mandatory wage or price controls by the President. Requires the Council of Economic Advisors to seek the advice and concurrence of the Council on Wage and Price Stability in establishing economic policies and guidelines. Title III: Policies and Programs to Reduce Inflation - Directs the President, in order to achieve anti-inflation goals: (1) to consider reducing, or substituting for, taxes which significantly increase price levels; (2) to develop specific procedures to promote the promulgation of economically efficient and socially desirable regulations; (3) to deregulate industries over which the Federal Government has ratesetting authority; (4) to encourage the growth of productivity in both the private and public sectors; (5) to examine the use of tax incentives to hold cost increases to specified levels; (6) to strive to preserve agricultural production incentives and allow market forces to operate wherever possible; (7) to address the price implications of energy policies in the Economic Report; (8) to refrain from actions that abruptly raise energy prices unless ways are provided to offset the inflationary effects; (9) to seek ways to lower housing costs; (10) to set forth policies to limit the acceleration of health care costs; (11) to explore ways to increase competition in concentrated industries; and (12) to pursue negotiations for fair trade agreements with foreign nations. Requires the Council of Economic Advisors and the Department of the Treasury to study the use of tax incentives to induce compliance with the President's wage and price guidelines established by this Act and to submit their findings and recommendations to Congress. Authorizes the Council on Wage and Price Stability to: (1) require certain businesses to notify the Council of significant price changes; (2) monitor all major wage settlements; and (3) publish a report on any violation of such guidelines. Title IV: Congressional Review - Directs the Joint Economic Committee to hold special hearings to review the President's proposed economic policies and wage and price guidelines required under this Act and to submit its findings and recommendations to Congress. States that such guidelines shall become effective 30 days after submission unless Congress passes a concurrent resolution disapproving them.
United States · United States Congress · 30 April 1979
Medicare Mental Illness Non-Discrimination Act - Makes findings that mental illness is more prevalent in elderly persons than in younger adults and that the social security coverage for mental illness is not on an equal basis with coverage for other types of illnesses. Amends title XVIII (Medicare) of the Social Security Act to: (1) eliminate the 190 day lifetime limit for in-patient psychiatric care; and (2) limit the amount which a provider of services may charge a Medicare patient for mental health care services to 20 percent of the amount customarily charged for such services.
United States · United States Congress · 26 April 1979
Amends the Fair Labor Standards Act of 1938 to prohibit the employment of blind persons, or persons with impaired sight, at less than the applicable minimum wage under such Act.
United States · United States Congress · 24 April 1979
Expresses the sense of the House of Representatives that the Soviet Union should: (1) permit emigration from the Soviet Union; (2) remove restrictions on religious and cultural practices; and (3) stop harassing individuals who wish to leave or practice their religion.
United States · United States Congress · 24 April 1979
Expresses the sense of Congress: (1) that each child possesses fundamental human rights and rights based on the needs of the child, including the right to be free from abuse, right to be treated without discrimination due to illegitimacy, right to obtain an education, right to health care, and the right to counsel; and (2) that States should implement such rights and ensure that children's rights are equivalent to those possessed by adults.
United States · United States Congress · 23 April 1979
Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse ecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principles. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; and (3) the interests of the State of Alaska and the Native Corporations shall be continually considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Bering Land Bridge National Monument; (2) Cape Krusenstern National Monument; (3) Gates of the Arctic National Monument; (4) Kenal Fjords National Monument; (5) Kobuk Valley National Monument; (6) Lake Clark National Monument; (7) Yukon-Charley National Monument; and (8) Katmai National Monument. Expands and redesignates: (1) Aniakchak National Monument by the addition of 160,000 acres of public lands to be redesignated as Aniakchak National Park and National Preserve; (2) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park and National Preserve; (3) Glacier Bay National Monument by the addition of 40,000 acres of public lands to be redesignated as Glacier Bay National Park; (4) Noatak National Monument by the addition of 660,000 acres of public lands to be redesignated as Noatak National Preserve; and (5) Wrangell-Saint Elias National Monument by the addition of 1,230,000 acres of public lands to be redesignated as Wrangell-Saint Elias National Park and Preserve. Establishes as units of the National Park System: (1) Aniakchak National Preserve; and (2) Lake Clark National Preserve. Directs the Secretary of the Interior to administer lands, waters, and interests of all National Park System units in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds which were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to laws and regulations applicable to fish and wildlife protection. Permits the continuation of reindeer grazing within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, within respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Requires the Secretary to recognize and convey valid Native selections or nominations of land within boundaries of the Wrangell-Saint Elias National Park and Preserve in accordance with the Alaska Native Claims Settlement Act. Prohibits the charging of fees for admission to any unit of the National Park System located in Alaska. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Refuge and Yukon Flats National Monument as Yukon Flats National Wildlife Refuge. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Innoko National Wildlife Refuge; (4) Kanuti National Wildlife Refuge; (5) Koyukuk National Wildlife Refuge; (6) Nowitna National Wildlife Refuge; (7) Selawik National Wildlife Refuge; (8) Teshekpuk National Wildlife Refuge; (9) Tetlin National Wildlife Refuge; and (10) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; (4) Kenai National Moose Range; and (5) Kodiak National Wildlife Refuge. Declares that all Executive orders and other administrative actions which were in effect before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation units established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs that the area of the Iliamna watershed be managed for the primary purposes of watershed protection and fish production. Prohibits the Secretary from conveying any lands in such area to the State of Alaska, unless the State devises a plan for the protection of management of the watershed and fishery resources of such area. Provides that nothing in this title shall limit the Secretary's responsibility with respect to the exploration of oil reserves under the Naval Petroleum Reserves Production Act of 1976. Prohibits the Secretary from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law with respect to designed or redesignated units of the National Wildlife Refuge System. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within the refuge. States that land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon and Tanna Rivers, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Directs that such lands as are added to the Tongass and Chugach National Forests shall be administered by the Secretary of Agriculture in accordance with the provisions of this Act and the laws applicable to the National Forest System. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary to convey specified lands to: (1) Goldbelt, Inc., representing the Natives of Juneau with respect to their land entitlements under the Alaska Natives Claims Settlement Act; and (2) S.E. Alaska, Inc. Exempts such conveyances from the requirements of the National Environmental Policy Act of 1969. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Directs the Secretary of Agriculture to permit the taking of fish and wildlife in national forest wilderness areas designated by this Act. Designates Admiralty Island National Monument and Misty Fjords National Monument as conservation system units. Directs the Secretary of Agriculture to issue regulations with respect to mining activities on national forest lands in Alaska in order to protect water quality in such areas. Amends the Alaska Native Claims Settlement Act to prohibit any land conveyed to a Native Corporation pursuant to this Act, which is within a contingency area designated in a U.S. timber sale contract, from being subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor from entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Selawik, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak and Charley (including their major tributaries), Chilikadrotna, Chitina, Mulchatna, Noatak, Stony, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Colville, Porcupine, Beaver Creek, Sheenjek, Andreafsky, Selawik, Ivishak, Kanektok, Kisaralik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, and Susitna. Sets forth requirement for the completion of such studies. Authorizes the Secretary to seek cooperative agreement with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under the United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to grant permits to oil and gas pipelines to cross areas designated as wild, scenic, or recreational river areas in Alaska, if the Secretary determines that no feasible alternative route exists. Title VI: National Wilderness Preservation System - Designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Preserve; (3) Denali National Park and Preserve; (4) Gates of the Arctic National Park; (5) Glacier Bay National Park; (6) Katmai National Park; (7) Kenai Fjords National Park; (8) Kobuk Valley National Park; (9) Lake Clark National Park and Preserve; (10) Noatak National Preserve; (11) Wrangell-Saint Elias National Park and National Preserve; and (12) Yukon-Charley National Preserve. Designates as wilderness areas within the National Wilderness Reservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge; (2) Arctic National Wildlife Range; (3) Becharof National Wildlife Refuge; (4) Innoko National Wildlife Refuge; (5) Izembek National Wildlife Range; (6) Kanuti National Wildlife Refuge; (7) Kenai National Wildlife Range; (8) Koyukuk National Wildlife Refuge; (9) Nowitna National Wildlife Refuge; (10) Nunivak National Wildlife Refuge; (11) Sulawik National Wildlife Refuge; (12) Tetlin National Wildlife Refuge; (13) Togiak National Wildlife Range; (14) Yukon Delta National Wildlife Refuge; and (15) Afognak Island. Designates as wilderness areas within the National Forest System certain lands in Chugach National Forest and Tongass National Forest. Directs the Secretary of Agriculture to study the feasibility of designating Prince William Sound, Chugach National Forest as a wilderness area and to report his findings to the President and the Congress within three years. Authorizes the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas in Alaska. Directs the Secretary of Agriculture to implement a cooperative planning process for the enhancement of fisheries resources in the Chugach and Tongass National Forests. Provides for the maintenance of existing public use cabins located in national forest wilderness areas and the construction of a limited number of new cabins for the protection of the public health and safety. Directs the Secretary to review nondesignated wilderness areas and to report to the President and the Congress on the feasibility of designating such areas as wilderness areas. Title VII: Subsistence - Declares that the first priority consumptive use of public land resources under this Act shall be the taking of fish and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Authorizes the States to regulate the taking of fish and wildlife on public lands for subsistence uses in a manner consistent with the policies and requirements of this Act. Directs the Secretary, if the State fails to exercise its authority to regulate subsistence uses, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to monitor State regulation of the subsistence preference granted under this title and to advise the States and Congress of his findings and recommendations. Directs the local and regional advisory councils established by this title to notify the Secretary if any such council determines that the State has not adequately provided for a system of subsistence preference in the region or locality which such council represents. Directs the Secretary to review the determinations of any council and advise the State of his findings. Directs the Secretary to close public areas to all consumptive uses except subsistence uses by local residents if he determines that the States has failed to comply with directives from the Secretary regarding improvements in the subsistence preference program and that such failure endangers the fish or wildlife population in an area or the ability of rural residents to satisfy their subsistence needs. Sets forth procedures for hearing and appeal by the State. Gives the Secretary emergency authority to close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits Federal agencies from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the Secretary, acting through the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife resources and subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision, or a Native Corporation may only be acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres, to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to investigate and plan for an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to investigate and plan for such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to investigate and plan for centers in Juneau, Ketchikan, or Sitka. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the conservation system units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law with respect to the taking of fish and wildlife. Authorizes the issuance of permits to certain sport hunting guide services and nonsubsistence trappers to continue the taking of wildlife in connection with their business for a period not to exceed ten years from the enactment of this Act, if the Secretary determines that a termination of such privilege would result in serious economic hardship for such individuals. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of the Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Authorizes the appropriation of such sums as may be necessary to carry out the provisions of this Act for fiscal years beginning after fiscal year 1979. Title IX: Implementation of Alaska Native Claims Settlement Act and Alaska Statehood Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each shareholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Allows the Secretary, upon the request of a Village Corporation, to waive the requirement that a Corporation select land in whole sections (and that natural features are to be used as boundaries) where such waiver is justified and appears to be beneficial. Provides for the selection of land by Regional Corporations where the public lands consist only of a mineral estate. Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites and for the reconveyance of less than 1,280 acres by a Village Corporation to a Municipal Corporation or the State in trust. Places restrictions on the conveyance to Regional Corporations of lands which are located in a wildlife refuge. Permits a Regional Corporation which is precluded from receiving title to protected lands to file a claim to certain other lands designated by the Secretary for such purpose. Provides that the 20 year moratorium on the payment of State and local real property taxes on land conveyed pursuant to the Alaska Native Claims Settlement Act shall begin with the vesting of title in such lands. Provides that the moratorium shall not apply to land which is leased or developed for purposes other than exploration. States that fire protection of Native land provided by the Department of the Interior shall cover wildland. Provides for the selection of additional lands by a Village Corporation which has not fulfilled its entitlement under the Alaska Native Claims Settlement Act. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsite entry and to issue patent, if appropriate, to the townsite trustee. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a National Park system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be allotted subject to a right of reentry for a specified 20-year period. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Requires that payments under such Act shall be deposited into the Alaska Native Fund on the first day of the fiscal year for which the monies are appropriated, and shall be distributed at the end of the first quarter of the fiscal year. Directs the Secretary to pay by grant to certified Native Group Corporations an amount not more than $100,000 or less than $50,000 for planning, development, or other authorized purposes. Provides for a two year statute of limitation for the filing of any appeal from a decision of the Secretary under this title or under the Alaska Native Claims Settlement Act. Conveys to a Village Corporation found eligible by the Secretary of Interior, the surface estate to public land in its "core" township or townships (towns or townships in which the Native Villages are located). Stipulates that where two or more corporations have claim to the same township, the conveyance is delayed until an arbitration decision or other binding agreement between or among the Corporations is filed with and published by the Secretary. Conveys to a Village Corporation found eligible by the Secretary, the surface estate to certain lands in the "core" township. Conveys the surface and subsurface estate in the former Indian Reserve to certain village Corporations. Excludes the Village Corporation for the Native Village of Klukwan from such conveyances. Conveys the subsurface estate in "core" townships conveyed to Village Corporations, to Regional Corporations to the extent they would otherwise have obtained such subsurface estate pursuant to the Alaska Native Claims Settlement Act. Sets forth requirements with respect to the granting of easements on such lands. Provides for the relinquishment of all claims by the United States to submerged lands under a nonnavigable meanderable stream or a lake having a surface area of 160 acres or more which is adjacent to land which is conveyed to a Native Corporation pursuant to the Alaska Native Claims Settlement Act of this Act. Provides that such submerged lands shall not be charged toward the acreage entitlement of any Native Corporation. Retains in Federal ownership submerged lands within the boundaries of any conservation system unit. Lists specified lands of: (1) Nana/Cook Inlet Regional Corporation, the Ahtna Regional Corporation, and the Bering Straits Regional Corporation to be withdrawn for selection, and (2) the Doyon Regional Corporation to be exchanged for lands relinquished. Requires the Hodzana River area to be managed as a study area by the Fish and Wildlife Service in cooperation with Doyon, Limited. Lists lands, previously selected by Doyon, Limited which such corporation may identify in partial satisfaction of its entitlement under such Act. Provides for the settlement of certain claims and litigation to implement such Act under the unique circumstances of the Native Village of Eklutna. Directs the Secretary to convey the surface and subsurface estates of specified lands on Afognak Island to Koniag, Incorporated. Directs the Secretary to negotiate with specified Native Corporations for boundaries and prices of certain areas of the Pribilof Islands group to be included in the Alaska Maritime National Wildlife Refuge. Authorizes the Secretary to accept from Arctic Slope Regional Corporation a relinquishment of all right, title, and interest of such Corporation in specified Alaskan lands. Directs the Secretary to make specified conveyances of land pursuant to the Cook Inlet Village Settlement. Grants final approval to all tentative approvals of the State of Alaska land selections pursuant to the Alaska Statehood Act. Vests title in all such lands in the State as of the date of tentative approval. Directs the Secretary to convey public lands selected by the Chugach Regional Corporation from certain lands within the Chugach National Forest. Directs the Secretary to study the land ownership and use patterns in the Chugach region in cooperation with the Secretary of Agriculture, the Alaska Advisory Coordinating Council, Chugach Natives, Inc., and the State of Alaska (if the State chooses to participate). Title X: Transportation and Utility Systems - Declares that applications for rights-of-way in conservation system units in Alaska shall be made only as provided by this title. Provides that transportation and utility systems subject to this title are: (1) water transportation systems; (2) pipelines and other systems for the transportation of their liquids and gases, including oil, natural gas, synthetic liquid and gaseous fuels, and any refined produce produced from such sources; (3) pipeline, slurry and emulsion systems, and conveyor belts for transportation of solid materials; (4) systems for the transmission and distribution of electric energy; (5) systems for the transmission of radio, television, telephone, telegraph, and other electronic signals, and other means of communication; (6) improved rights-of-way for snow machines, air cushion vehicles, and other all-terrain vehicles; and (7) roads, highways, railroads, tunnels, tramways, airports, and other systems of transportation. Directs the Secretaries of the Interior and Agriculture, in consultation with other appropriate Federal agencies, to prepare and publish a consolidated application form to be used for applying for a right-of-way for a transportation or utility system subject to this title. Requires any Federal agency which receives an application for a right-of-way to notify the applicant within 60 days of the receipt of the application that such application is either complete or that more information is required. Sets forth filing requirements for environmental impact statements required to be filed with an application for a right-of-way. Requires the heads of Federal agencies to coordinate their procedures for processing applications for rights-of-way for transportation or utility systems which require the approval of more than one agency. Sets forth procedures for the consideration, processing, and approval of applications for rights-of-way. Requires the Secretary to submit his recommendation for the approval or disapproval of an application to Congress. Provides that such application shall be deemed approved only upon enactment of a joint resolution by the Senate and the House of Representatives. Title XI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, Native, and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native Corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owned or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title XII: Oil and Gas Exploration, Development, and Production - States as the purpose of this title the furtherance of exploration, development, and production, through private enterprise with appropriate environmental safeguards, of oil and gas resources on certain public lands in Alaska. Provides that this title shall apply to: (1) the National Petroleum Reserve - Alaska; (2) nonwilderness portions of all units of the wildlife refuge system in Alaska; and (3) all public lands in Alaska which are not within any conservation system unit and which are managed by the Secretary of the Interior through the Bureau of Land Management. Provides that exploration, development, and production of oil and gas on lands to which this title applies shall be conducted pursuant to the Mineral Leasing Act of 1920 except to the extent otherwise provided by this title. Authorizes the Secretary to issue permits for the exploration for oil and gas resources which is conducted pursuant to a plan approved by the Secretary. Requires the holder of any permit issued by the Secretary to disclose to the Secretary any information obtained as a result of any exploration activities. Requires the Secretary to maintain the confidentiality of such information until the permittee acquires a lease for the lands on which the permit data was acquired or at such time as the data ceases to hold proprietary value, but in no case longer than ten years. Directs the Secretary to study such information and to consult with the Secretary of Energy regarding the national interest involved in exploring for and developing oil and gas from lands subject to this title. Directs the Secretary to encourage the State to undertake studies on lands associated with lands subject to this title. Provides that leases shall be issued only by competitive bidding with respect to the following lands: (1) the National Petroleum Reserve - Alaska; (2) nonwilderness portions of all units of the wildlife refuge system in Alaska; and (3) all public lands in Alaska which are not within any conservation system unit and which are managed by the Secretary through the Bureau of Land Management and are determined by the Secretary to be within an area favorable for the occurrence of oil or gas. Requires the development and production of oil or gas on leased lands to be carried out in accordance with a development and production plan approved by the Secretary. Directs the Secretary to suspend or cancel such leases if he determines that operations under such lease pose environmental threats to the land. Requires the Secretary to issue a permit for oil and gas exploration on public lands within six months of a request if the applicant is not required to file an environmental impact statement, or three months after the filing of such a statement if such a statement is required. Requires the Secretary to include in reports required under the Mining and Minerals Policy Act of 1970 information with respect to oil and gas development activities under this title. Requires the Secretary to establish a program for the consideration and issuance of exploration permits to applicants for public lands within the National Petroleum Reserve - Alaska, including public lands within the Teshekpuk and Utukok National Wildlife Refuges within 240 days after the date of the enactment of this Act. Requires the Secretary to publish a schedule of proposed lease sales covering such land and to hold the first lease sale on such lands within 18 months after the date of enactment of this Act. Provides that exploration for, and development and production of, oil and gas on nonwilderness areas within the National Wildlife Refuge System shall be carried out according to the provisions of this title, except for lands that have been withdrawn from such use under this Act. Directs the Secretary to establish a program for issuance of exploration permits and for lease sales of lands subject to the Bureau of Land Management.
United States · United States Congress · 10 April 1979
Food Security Act of 1979 - Declares it to be the policy of the United States to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President to establish a reserve stock of wheat of up to 4,000,000 metric tons. Authorizes the President to release such stocks on a donation or concessional sale basis to provide emergency food assistance to developing countries at any time that the domestic supply of wheat in the United States is so limited that quantities cannot be made available except for urgent humanitarian purposes. Exempts such reserve stock from limitations which may be imposed pursuant to the Agricultural Trade Development and Assistance Act of 1954 and the Export Administration Act of 1969.
United States · United States Congress · 10 April 1979
Amends the Internal Revenue Code to tax income of married individuals filing tax returns separate from their spouses at the same rates applicable to unmarried individuals.
United States · United States Congress · 10 April 1979
Oil Imports Act of 1979 - Title I: Oil Importation - Prohibits the importation of crude oil or other petroleum products into the United States unless permitted by, purchased by, or manufactured from crude oil purchased by the American Oil Import Corporation, to be established under this Act. Sets forth requirements for issuing import permits for the importation of crude oil and petroleum products. Directs the Corporation to issue permits for such imports, in cases of national emergency, to insure access by the Armed Forces of the United States to needed oil supplies. Requires that crude oil and petroleum products for the Strategic Petroleum Reserve be purchased from the Corporation. Grants to the Corporation exclusive purchasing authority for crude oil and petroleum product imports, and sets forth requirements regarding such purchasing authority. Title II: American Oil Import Corporation - Establishes a nonprofit corporation to be known as the American Oil Impact Corporation, to be managed by a Board of Directors to be appointed by the President. Establishes an Advisory Board to the Corporation, composed of officers of specified Federal agencies and departments, to meet periodically with the Directors to share information of the activities of the Corporation pertaining to the various departments and agencies represented. Sets forth the powers and duties of the Corporation and confers upon the Corporation nonprofit status. Establishes a Public Energy Fund in the Treasury of the United States into which shall be deposited revenues from activities of the Corporation. Provides that such funds, including appropriated funds as authorized by the Congress, shall be used by the Corporation for carrying out this Act. Sets forth specified reporting, recordkeeping, and audit requirements on the Corporation. Title III: Miscellaneous Provisions - Makes it a crime for any officer, employee, or person acting for or on behalf of the United States or any department or agency thereof to prematurely disclose information concerning crude oil or petroleum products required to be withheld from publication until a fixed time or to speculate directly or indirectly in any such product by buying or selling the same in quantity before such information is made public through regular official channels. Repeals the standby purchase authority of the President under the Emergency Petroleum Allocation Act of 1973.
United States · United States Congress · 10 April 1979
Food Security Act of 1979 - Declares it to be the policy of the United States to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President to establish a reserve stock of wheat of up to 4,000,000 metric tons. Authorizes the President to release such stocks on a donation or concessional sale basis to provide emergency food assistance to developing countries at any time that the domestic supply of wheat in the United States is so limited that quantities cannot be made available except for urgent humanitarian purposes. Exempts such reserve stock from limitations which may be imposed pursuant to the Agricultural Trade Development and Assistance Act of 1954 and the Export Administration Act of 1969.
United States · United States Congress · 4 April 1979
Amends the Immigration and Nationality Act to allow certain aliens applying as immigrants to be given preference visas as children of United States citizens provided such an alien: (1) requests such treatment; (2) was born after 1950 in Korea, Vietnam, Laos, or Thailand; (3) was fathered by an American serviceman; and (4) provides a guarantee of financial support. Stipulates that such guarantee must: (1) be signed by a United States citizen or lawful permanent resident who is at least 21 years old; and (2) provide that such signing sponsor will provide necessary financial support for five years. Allows the Attorney General to enforce such guarantee against the sponsor in a civil suit unless such sponsor dies or is adjudicated bankrupt.
United States · United States Congress · 3 April 1979
Convention on Cultural Property Implementation Act - Authorizes the President to enter into agreements with countries, which are parties to the "Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property," to apply import restrictions on the archaeological or ethnological materials of requesting countries. Directs the President to seek a commitment of the requesting country to permit the exchange of such materials. Requires the President to report to Congress concerning such agreements. Authorizes the President to apply import restrictions if it is determined that an emergency condition applies with respect to such materials. Directs the Secretary of the Treasury to promulgate a list of the archaeological or ethnological materials covered by such agreements or emergency actions. Establishes a Cultural Property Advisory Committee to review requests and recommend whether an agreement should be consummated or an emergency action implemented. Requires the Committee to review the effectiveness of such agreements or emergency actions. Prohibits the importation into the United States of: (1) designated archaeological or ethnological materials unless the appropriate country issues a document of lawful exportation; or (2) cultural articles stolen from a museum or a religious or secular institution. Sets forth procedures for temporary disposition, seizure, and forfeiture of articles under this Act. Exempts certain articles from this Act.
United States · United States Congress · 2 April 1979
Amends title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act to provide that an individual who applies for supplemental security income benefits on the basis of disability shall be considered presumptively disabled if he has received disability insurance benefits under title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act or supplemental security income benefits as a disabled individual within five years of his most recent application for supplementary security income benefits. Provides that benefits paid to an individual who is considered presumptively disabled under this Act will be considered overpayments if such individual is ultimately determined not to be disabled in fact.
United States · United States Congress · 27 March 1979
Disability Insurance Amendments of 1979 - Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to reduce the maximum amount of monthly benefits payable under such title on the basis of wages and self-employment income to the smaller of: (1) 80 percent of an individual's average indexed monthly earnings; or (2) 150 percent of an individual's primary insurance amount. Amends the procedure for computing the primary insurance amount of an individual by stipulating that in determining the number of benefit computation years one year of low earnings shall be dropped for every five working years. Limits the maximum number of years which may be dropped to five. Requires the Commissioner of Social Security to develop and carry out experiments and demonstration projects designed to compare various methods of treating the work activity of disabled beneficiaries under title II, including reductions in benefits based on earnings designed to encourage disabled beneficiaries to work. Requires the Commissioner to report to Congress on such projects. Excludes from an individual's earnings, in determining whether an individual can engage in gainful activity, an amount equal to the cost of any attendant care services, medical devices, and similar items and services necessary to enable such individual to work, whether or not such assistance is needed to enable such individual to carry out such individual's normal daily functions. Provides "trial work periods" for disabled widows and widowers. Provides, in the case of children, widows, and widowers, that the period of time to which such individuals are entitled to disability insurance benefit payments may extend to the 15th month following the end of an individual's "trial work period." Entitles individuals who have had "trial work periods" to hospital insurance benefits under title XVIII (Medicare) for a period of 24 months following such period where such individuals have had disability benefits under title II terminated due to work. Eliminates the requirement that the 24 months which an individual must be disabled in order to qualify for hospital insurance benefits under the Medicare program be consecutive. Requires States wishing to make disability determinations to notify the Secretary of Health, Education, and Welfare in writing of such desire. Directs the Secretary to promulgate regulations specifying performance standards and administrative procedures to be followed in making disability determinations. Directs the Secretary to make such findings if a State fails to make determinations in accordance with such regulations. Requires the Secretary to review specified percentages of disability determinations made by States so that at least 80 percent of such determinations are reviewed after fiscal year 1981. Requires the Secretary to provide specified information on which a decision concerning the rights of an applicant for title II benefits may be made. Limits the occasions on which a court may reward to the Secretary a case concerning eligibility for OASDI benefits for the taking of additional evidence to those cases in which it can be shown that there is material new evidence and that there was good cause for the failure to incorporate such evidence into the record in a prior proceeding. Requires the Secretary to submit to Congress a report recommending the establishment of appropriate time limitations governing decisions on claims for OASDI benefits. Authorizes the transfer from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of such sums as may be necessary to reimburse the general fund in the U.S. Treasury for the Federal share and the State for twice the State share of the costs of vocational rehabilitation services furnished certain disabled individuals under a State plan for vocational rehabilitation services which result in their performance of substantial gainful activity. Directs the Secretary to study alternative methods of financing vocational rehabilitation services to disabled beneficiaries under title II to the end that maximum savings will result to the Trust Funds. Authorizes the continuation of disability insurance benefit payments to an individual whose impairment has ceased if such individual is participating in an approved vocational rehabilitation program and the Commissioner of Social Security determines that the completion of such program, or its continuation for a specified period, will increase the likelihood that such individual may be permanently removed from the disability benefit rolls. Requires, in any case in which an individual is determined to be under a disability, unless such disability is found to be permanent, that the case be reviewed for the purposes of continuing eligibility at least once every three years.
United States · United States Congress · 26 March 1979
National Educational Opportunities Act of 1979 - States the purpose of this Act to be to: (1) establish a national policy on equal educational opportunities based on the implementation of quality education with equal educational opportunities for all students regardless of race, color, or national origin; (2) provide an experimental mechanism for States and their local educational systems to implement such national policy; (3) support experimental efforts to reduce achievement disparities between racial and socio-economic groups in the schools; and (4) facilitate, where possible, a reduction in the concentration of children from low-income and minority groups in certain schools primarily by means other than busing. Requires a State wishing to receive funds under this Act to submit a desegregation plan and an implementation plan. Sets forth the guidelines and requirements for such implementation plan, including: (1) the creation of a State advisory council and local advisory committees; (2) an intradistrict and interdistrict transfer plan; (3) an intradistrict and interdistrict cooperation plan; and (4) a compensatory education program. Requires such implementation to be submitted to the Secretary of Health, Education, and Welfare by January 31, 1980. Requires the Secretary to provide notice to applicants 30 days before a final selection is made. Authorizes appropriations for fiscal years 1980-1984.
United States · United States Congress · 21 March 1979
Small and Independent Business Protection Act of 1979 - Prohibits mergers, consolidations, and direct or indirect stock acquisitions sufficient to effectuate a transfer of control between legal entities if: (1) each entity has assets or sales exceeding $350,000,000; or (2) one entity has assets or sales exceeding $350,000,000 and the other entity has 20 percent or more of the sales during the calendar year immediately preceding the acquisition in any line of commerce with annual sales exceeding $100,000,000 in any section of the country. Establishes the following affirmative defenses in actions based on such prohibited transactions: (1) the transaction will have the preponderant effect of substantially enhancing competition; (2) the transaction will result in substantial efficiencies, including economies of scale in manufacturing, marketing, distribution, or research and development; or (3) within one year preceding or succeeding the transaction, the parties shall have divested one or more viable business units with assets and revenues equal to or greater than the assets and revenues of the smaller party to the transaction. Precludes the use of any such affirmative defense, if: (1) one of the parties to the transaction has within the preceding year been a party to another prohibited transaction or (2) each of the entities involved in the transaction has assets or sales exceeding $2,000,000,000. Authorizes the Attorney General of the United States and the Federal Trade Commission to enforce this Act. Directs the Attorney General and the Commission to establish procedures to enable parties to obtain a binding determination that a proposed transaction falls within the terms of any of the affirmative defenses. Empowers the courts to grant injunctive relief to private parties under the terms and conditions prescribed by the Clayton Act.
United States · United States Congress · 20 March 1979
Authorizes the Joint Committee on the Library to procure a bust or statue of Martin Luther King, Junior, to be placed in a suitable location in the Capitol. Authorizes appropriations not to exceed $25,000 for such purpose
United States · United States Congress · 15 March 1979
Amends the Second Liberty Bond Act and the Congressional Budget Act of 1974 to require the concurrent resolution on the budget to establish the public debt ceiling. Repeals the temporary increase of $398,000,000,000 in the public debt limit effective until March 31, 1979.
United States · United States Congress · 14 March 1979
Domestic Violence Prevention and Services Act - Directs the Secretary of Health, Education, and Welfare to designate a Coordinator of programs to be responsible for: (1) the operation of a national clearinghouse to collect and disseminate information relating to domestic violence; (2) the development of a national media campaign to increase public awareness of the problems of domestic violence and the availability of services for its victims; and (3) making recommendations to Congress with respect to modification of Federal programs. Authorizes the Secretary to make grants to States to assist them in supporting programs and projects to prevent incidents of domestic violence and to assist the victims and their dependents. Stipulates that such funds may not be used for direct payment to any victim of domestic violence or to a dependent of such victim, and that no income eligibility standard may be imposed for anyone seeking services under this Act. Requires the Secretary to make annual reports to Congress and to evaluate and report on the effectiveness of such programs no later than three years after enactment. Requires that the records of any person subject to any program, project, or activity assisted under this Act be subjected to the confidentiality provisions of the Drug Abuse Office and Treatment Act of 1972. Establishes an Interagency Domestic Violence Council to assist the Director in coordinating all Federal programs regarding the prevention of domestic violence and the provision of assistance to victims and their dependents.
United States · United States Congress · 13 March 1979
Dispute Resolution Act - Directs the Attorney General to establish in the Department of Justice the Dispute Resolution Program, including the Dispute Resolution Resource Center and the Dispute Resolution Advisory Board. Includes among the functions of the Center: (1) serving as an information clearinghouse for dispute resolution information; (2) providing technical assistance to State and local governments; (3) conducting research with respect to dispute resolution; (4) surveying existing dispute resolution mechanisms; and (5) identifying the types of minor civil disputes which are amenable to informal resolution. Directs the Board to advise the Attorney General with respect to this Act. Authorizes the Attorney General to provide financial assistance to State and local governments and nonprofit organizations for improving existing dispute resolution mechanisms or establishing new mechanisms. Specifies the purposes for which such assistance may be used, including a prohibition against the use of such funds for attorneys' fees. Directs the Attorney General to: (1) enter into a contract for an independent study of the Dispute Resolution Program and make public and submit to Congress the results of such study by April 1, 1984; and (2) submit annually to Congress a report with respect to the administration of this Act.
United States · United States Congress · 13 March 1979
Elephant Protection Act of 1979 - Directs the President to propose to the Convention on International Trade in Endangered Species that all trade in elephant products be suspended until large and healthy elephant populations have been reestablished and are biologically stable. Prohibits the importation into or exportation from the United States of elephant products. Prohibits the possession, transportation, or sale of such products. Provides for administration of this Act by the Secretary of the Interior. Authorizes the Secretary to grant permits for scientific purposes or to enhance elephant propagation. Prescribes the conditions for granting of such permits. Sets forth civil and criminal penalties for violations of this Act. Authorizes the payment of rewards to persons furnishing information concerning violations of this Act. Grants specified search and seizure powers for enforcement of this Act by authorized persons. Preempts any incompatible State laws.
United States · United States Congress · 12 March 1979
Prohibits any electric or gas utility from imposing any rate (including any charge or surcharge) on any residential consumer which is higher than the rate imposed on any other residential consumer because of the use of energy conservation or alternative energy sources. Exempts from such prohibition differences in rates charged based upon differences in the cost of service between residences which use electric energy and residences which use natural gas.
United States · United States Congress · 6 March 1979
Amends the Food Stamp Act of 1977 to remove the $75 limit on the excess shelter expense deduction in the computation of household income for households composed entirely of persons who are age 62 or older, or who receive supplemental security income benefits under title XVI of the Social Security Act. Entitles such households to a medical expense deduction to the extent that the monthly amount expended by any such household for medical or dental care exceeds the amount of the standard deduction in effect.
United States · United States Congress · 6 March 1979
Amends the Second Liberty Bond Act and the Congressional Budget Act of 1974 to require the concurrent resolution on the budget to establish the public debt ceiling. Repeals the temporary increase of $398,000,000,000 in the public debt limit effective until March 31, 1979.
United States · United States Congress · 1 March 1979
Directs the Federal Communications Commission to examine the use of the AM radio broadcasting band and to assign such spectrum and distribute licenses so as to ensure that each community, regardless of size, is provided with the maximum local full-time radio broadcasting service.
United States · United States Congress · 28 February 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to extend from five to ten years the period during which a spouse becoming eligible for a government pension may qualify for an exemption from the provisions of the Social Security Amendments of 1977 requiring a reduction in such spouses' OASDI benefits based on receipt of a government pension.
United States · United States Congress · 28 February 1979
Regulatory Agency Abolition Act - Abolishes specified Federal regulatory agencies three years after enactment of this Act unless prior to such date the President and Congress study the effectiveness of such agencies and Congress thereafter adopts a resolution disapproving such abolition. Provides that each regulatory agency established after the date of enactment of this Act shall be abolished three years from the date on which it was first empowered unless the President and Congress take the steps outlined above. Directs the President to submit to Congress a plan for the orderly transfer of duties essential to the public health, safety or welfare from an abolished agency to the President or to a successor agency. Provides that all orders, rules, certificates, judicial proceedings and licenses made effective by agencies abolished by this Act shall continue in effect until repealed or superceded by the President.
United States · United States Congress · 28 February 1979
Amends the Internal Revenue Code to allow an income tax deduction for the current fair market value of a literary, musical, or artistic composition created by the personal efforts of the taxpayer and contributed to a charitable organization. Disallows a fair market value deduction for a contribution of property which was produced while the taxpayer was a Government officer or employee if such property arose out of the performance of the taxpayer's duties. Requires, as a condition of eligibility for a fair market value deduction, a statement by the donee of such property that the property has artistic, musical, or literary value, and that donee will use the property in a manner consistent with the purpose of its organization.
![Official portrait of Rep. Mikva, Abner J. [D-IL-10]](https://www.congress.gov/img/member/m000703_200.jpg)