United States · United States Congress · 5 June 1979
Amends the Federal National Mortgage Association Charter Act to increase the income ceiling for a family's eligibility for energy conservation loans from 100 percent of the median income in an area to 150 percent of such median income.
United States · United States Congress · 23 May 1979
Omnibus Solar Energy Commercialization Act of 1979 - Establishes a national goal for the increased use of renewable energy resources as a part of the Nation's total energy supply in the year 2000. Defines the term "passive solar energy system" to mean space heating and cooling systems making the most efficient use of, or enhancing the use of, natural forces including solar insulation, winds, nighttime coolness, and cooling by radiation to the night sky, to heat or cool living space by the use of conductive, convective or radiant energy transfer. Describes several types of passive solar energy systems. States that it shall be the policy of the Secretary of Energy to utilize State and local government organizations, Energy Extension Services, regional Solar Energy Research Centers, and other such entities in providing information services, training, education and other services to the public and to persons involved in the development and commercialization of solar energy systems. Directs the Secretary to establish the Solar Heating and Cooling Information Center to provide information services to the public and to the entities listed above, including: (1) retrieval and dissemination of solar energy development and commercialization materials; (2) development of materials specifically designed to assist architects, builders, installers, manufacturers and others involved in solar energy development and commercialization; and (3) development of training and education programs specifically designed for such purposes. Directs Federal agency heads responsible for construction of new civilian Federal buildings to require the utilization of active and passive solar energy systems unless it is determined that such systems are not cost effective, according to a specified formula. Directs the head of each Federal agency operating a fueling station for civilian gasoline motor vehicles to require that such stations only dispense a ten percent alcohol and gasoline mixture. Requires that the same alcohol-gasoline mixture be dispensed by retail gasoline supply outlets operated by Federal agencies. Authorizes the Administrators of the Alaska Power Administration, the Bonneville Power Administration, the Southwestern Power Administration, and the Western Area Power Administration to purchase power from proposed non-federally constructed generating facilities utilizing renewable energy resources. Authorizes such Administrators to construct and operate non-hydroelectric generating facilities, provided that the Administrator has made a public offer to purchase or guarantee the purchase of power from a comparable non-federally constructed facility and has received no offer from a non-Federal entity to construct such a facility. Directs the Secretary to establish within the Department of Energy a Solar Energy Development Corporation with the same corporate powers given the Government National Mortgage Association. Sets forth the purposes of the Solar Corporation to provide financial initiatives to promote the use of renewable energy resources, including subsidies of long-term, low-interest loans. Sets forth terms and conditions of and limits on the amount of such loans. Amends the Energy Conservation in Existing Buildings Act of 1976 to include within the definition of "weatherization materials" materials associated with passive and active solar energy systems.
United States · United States Congress · 16 May 1979
Oil Industry Tax Reform Act of 1979 - Amends the Internal Revenue Code to repeal the percentage depletion allowance for independent oil and gas producers and royalty owners. Repeals the tax treatment of intangible drilling and development costs for oil and gas wells (except nonproductive wells) as currently deductible expenses. Requires such costs to be capitalized and amortized over a 168 month period. Disallows an income tax credit for foreign taxes paid by domestic corporations on foreign oil related income. Treats such taxes as royalties for which a deduction or exclusion from foreign source income would be allowed. Requires the payment of income taxes at the corporate level on the foreign oil-related income of domestic corporations.
United States · United States Congress · 14 May 1979
New Jersey Radium Pollution Control Act of 1979 - Directs the Secretary of Energy to designate sites at which radium pollution has occurred within the State of New Jersey. Provides that such determination shall be final and not subject to judicial review. Authorizes the Secretary to enter into a cooperative arrangement with the State to assess radiation levels at such sites and to carry out remedial action to limit the exposure of the public to such radiation. Sets forth requirements for such arrangement. Directs the State to acquire disposal sites for the radium removed from pollution sites, unless the Secretary determines otherwise. Specifies that such acquisition is not required if the disposal site is located on land controlled by the Secretary. Directs the State to transfer ownership and custody of the disposal sites and radium removed from the pollution sites to the United States after the completion of all remedial work. Sets forth requirements for such transfer. Authorizes the Secretary to acquire land and interest in lands when necessary for the safe, environmentally sound, permanent disposal of such radium. Specifies that the United States shall pay 90 percent of the costs of carrying out this Act. Provides that this Act should not be construed to impose liability on the United States for injury to any person associated with radium subject to this Act, nor does this Act affect the legal responsibility of any person with respect to such radium. Permits the Secretary, the State or any other interested party to bring an action to determine the legal responsibility of any person to undertake remedial action with respect to any radium in the State. Directs that any person found to be responsible shall reimburse the United States for the amount expended under this Act on such action. Authorizes the appropriation of up to $10,000,000 to carry out this Act.
United States · United States Congress · 8 May 1979
Alcohol Production Incentive Act of 1979 - Amends the Internal Revenue Code to allow a taxpayer to elect an income tax deduction with respect to the amortization, based on a 60-month period, of any qualified facility producing alcohol from coal or biomass for primary use as a substitute for fuel.
United States · United States Congress · 3 May 1979
Food Transportation Act of 1979 - Exempts from the regulation of the Interstate Commerce Commission the transportation of all food products for human consumption.
United States · United States Congress · 2 May 1979
Energy Company of America Act - Amends the Department of Energy Organization Act to establish a government corporation to be known as the Energy Company of America. Sets forth the composition of the Board of Directors of such Company. Authorizes the Company to: (1) explore for oil, natural gas, coal, and uranium on any Federal lands; (2) develop, produce, import, purchase, refine or enrich, store, transport, and sell fuel technology resources; (3) engage in research and development for improved methods of fuel resource technology; (4) obtain necessary equipment and facilities; (5) explore for, develop, produce, import, purchase, store, transport, and sell fuel resources in or from non-domestic sources; (6) sue and be sued in its corporate name, use a corporate seal, and adopt, and amend, and repeal bylaws governing the operation of the Board; (7) determine employee qualifications, duties, and compensation; (8) enter into agreements necessary to conduct authorized activities; and (9) consult and cooperate with representatives of private and governmental activities. Sets forth the duties of the Company. Provides for production from standby reserves upon a finding that such production is necessary to alleviate domestic shortages. Provides for the establishment of standby reserves. Sets forth Federal lands conveyance procedures. Sets forth procedures to ensure environmental protection relevant to the construction of Company facilities. Prohibits the Company from proceeding with any such proposed activity except as provided by the Administrator of the Environmental Protection Agency unless, upon judicial review, the court sets aside an adverse determination of the administrator. Sets forth the principles and standards by which the Company shall exercise its duty to act as the exclusive bargaining agent of the United States. Directs the Company to sell fuel resources in such a manner as to: (1) encourage domestic competition; (2) allocate available supplies equitably on a geographical basis; and (3) insure the maximum utilization of domestic energy resource facilities. Prohibits the sale of domestic energy resources to any foreign person or entity unless such person or entity is a qualified buyer who intends to refine it for transportation and sale to the United States at a later date. Exempts the Company from Federal taxation. Permits comparable State and local taxation of the Company. Prohibits the Company from selling at prices below actual adjusted costs. Directs excess revenues to be covered into the miscellaneous receipts fund of the Treasury of the United States. Directs the Company to transmit an annual report to the Congress and the President. Excludes the receipts and disbursements of the Company from totals of the budget of the United States and exempts them from any annual expenditure and net lending limitations imposed on a budget of the United States Government. Declares that Congress shall exercise continuing oversight of the activities of the Company. Establishes within the Company a Citizens Advisory Commission. Sets forth the composition, compensation, and duties of the Commission. Authorizes the appropriation of such sums as are necessary to accomplish the purposes of the Commission, not to exceed $1,500,000. Empowers the Company to incur debt for capital and operating purposes through any form of securities, agreements, or obligations. Authorizes the appropriation of $100,000,000 for fiscal year 1980 and for each of the next ten succeeding fiscal years. Directs the Secretary of Energy to transfer to the Company all right, title, and interest in any uranium enrichment facilities owned by the Department of Energy. Provides for the expiration of any existing authority to control or regulate the price of petroleum products upon a Presidential finding and declaration that the Company has become sufficiently established to perform effectively as a competitive entity in the energy industry. Makes conforming and technical amendments to such Act.
United States · United States Congress · 1 May 1979
Title I: Inter-American Development Bank - Amends the Inter-American Development Bank Act to authorize the United States Governor of the Bank to vote for two resolutions increasing: (1) the authorized capital stock of the Bank; and (2) the resources of the Fund for Special Operations. Authorizes the U.S. Governor: (1) to subscribe to 227,896 shares of such increased authorized capital stock; and (2) to contribute $700,000,000 to such Fund. Authorizes appropriations for such purposes. Stipulates that the U.S. contribution shall be by letter of credit in four annual installments. Title II: Asian Development Bank - Amends the Asian Development Bank Act to authorize a United States contribution of $445,000,000 to the Asian Development Fund. Authorizes appropriations for such purpose. Stipulates that the U.S. contribution shall be by letter of credit in four annual installments. Title III: African Development Fund - Amends the African Development Fund Act to authorize a United States contribution of $125,000,000 to the African Development Fund. Authorizes appropriations for such purpose. Stipulates that the U.S. contribution shall be by letter of credit in three annual installments. Title IV: Export Opportunity Enhancement - Directs the Secretary of the Treasury to instruct the U.S. Directors of the Inter-American Development Bank, the Asian Development Bank, and the African Development Fund to expeditiously communicate information about potential procurement opportunities for U.S. firms. Title V: Effective Date - Prohibits the use or obligation of funds authorized to be appropriated under this Act prior to October 1, 1979.
United States · United States Congress · 26 April 1979
Amends title XVIII (Medicare) of the Social Security Act to require that individuals receiving services under such title be provided with an estimate of the reasonable charge for each of the services involved prior to the receipt of such services. Directs the Secretary of Health, Education, and Welfare to establish and carry out pilot projects to test methods and procedures for determining reasonable charges for services.
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
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
Renegotiation Reform Act of 1979 - Amends the Renegotiation Act of 1951 to set forth a method for determining excess profits with respect to defense contracts. Requires defense contractors to: (1) file with the Secretary of the Treasury a report containing such information as the Secretary requires to determine whether such a contractor has received excess profits; (2) endeavor to reach agreement with the Secretary regarding the amount of excess profits received or accrued; (3) pay any excessive profits into the Treasury; (4) keep their books and manufacturing facilities open for audit and inspection by the Secretary; and (5) make no subcontract unless the subcontractor agrees with the above requirements.
United States · United States Congress · 10 April 1979
Amends the Interstate Land Sales Full Disclosure Act to outline specified exemptions from the provisions of such Act including provisions requiring registration and disclosure of the sale or lease of lots in certain subdivisions. Makes it unlawful for any developer or agent to deceive or in any way defraud a purchaser or lessee of a lot. Sets forth requirements relating to the sale or lease of lots including, but not limited to, the provision that contracts or agreements shall clearly provide the purchaser or lessee with the right to revoke the contract or agreement if a property report is required and has not been provided in advance. Permits the Secretary of Housing and Urban Development to certify as equivalent to the Federal law any State land sale disclosure law which is substantially equivalent to the Interstate Land Sales Full Disclosure Act. Authorizes the Secretary to issue a cease and desist order to any agent or developer believed to be engaging in any unlawful act or practice. Provides for civil relief by a purchaser or lessee for any such unlawful act. Prescribes civil penalties for violations of this Act and increases the amount of criminal penalties which may be assessed. Allows any State attorney general to bring a civil action as parens patriae on behalf of individuals residing in such State to secure monetary or injunctive relief in any appropriate United States district court. Requires the Secretary to submit to the Congress biennially a report on the administration of this Act and its impact upon the land development industry and purchasers and lessees of undeveloped land.
United States · United States Congress · 9 April 1979
Amends the Food Stamp Act of 1977 to increase from $60 to $100 the amount of the standard deduction from household income in the case of recipient households which contain a member age 65 or older.
United States · United States Congress · 4 April 1979
Fair Trade Enforcement Act of 1979 - Title I: Amendments to Antidumping Act, 1921 - Amends the Antidumping Act of 1921 to require the Secretary of the Treasury to conduct a formal investigation within 30 days of receiving information that foreign goods are being, or are likely to be, sold in the United States at less than fair value. Directs the Secretary to make public any determination and advise the International Trade Commission of any affirmative determination. Requires the Commission to determine whether U.S. industry is being, or is likely to be, injured due to imports at less than fair value. Directs the Secretary to: (1) publish the Finding of the affirmative determinations of both the Secretary and the Commission; and (2) assess a special dumping duty. Sets forth the procedure by which a foreign exporter or a domestic importer may petition: (1) the Secretary to terminate a final determination of sales at less than full value; and (2) the Commission to terminate its determination that U.S. industry is likely to be harmed by such sales. Requires the Secretary or the Commission to conduct a hearing at the request of interested parties. Exempts such hearings from specified administrative procedure requirements. Requires the Secretary to impose provisional dumping duties when making a tentative determination that imports are being sold at less than fair value. Stipulates that duties shall either be refunded or adjusted based on the difference between the purchase price and the fair market value (the margin of dumping), depending on the Secretary's final determination. Imposes a special dumping duty on imported goods after a finding has been made. Requires the Secretary to periodically revise the applicable margin of dumping and apply it retroactively to the imported goods. Sets forth methods for determining the special dumping duty, the foreign market value, and the constructed value of merchandise (when home market sales are made at less than the costs of production). Requires the Secretary to make annual reports to Congress concerning findings, duties collected, and negative determinations. Amends the Tariff Act of 1930 to direct the Secretary to require a certified invoice with imported goods which includes a statement of the prices at which such goods are sold in the exporting country (home consumption prices). Directs the Secretaries of the Treasury and Commerce and the Commission Chairman to publish quarterly a statistical enumeration of the purchase prices and home consumption prices. Requires a verified statement from foreign manufacturers whose goods supply ten percent or more of the U.S. market showing the home market value and the purchase price. Title II: Countervailing Duty Law Amendments - Amends the Tariff Act of 1930 to prohibit offsetting the net amount of any bounty or grant for any fiscal charge or indirect tax related to the export of the article that is subject to the bounty or grant. Requires the Secretary to investigate whether any bounty or grant is being paid or bestowed on exports into the United States within 30 days after a petition is filed or information is received concerning such bounty or grant, and to forward an affirmative determination to the Commission. Directs the Commission to investigate whether the likelihood of any U.S. industry being injured due to such export bounty or grant. Directs the Secretary to publish a Countervailing Duty Order following final determinations by the Secretary and the Commission. Sets forth the procedure by which a foreign exporter or domestic importer may petition the Secretary and the Commission to terminate the final determinations of export bounties or grants. Provides for a public hearing before any determination is made at the request of an interested party. Specifies the formula for establishing and revising countervailing duties. Title III: Amendments to Other Provisions of Law - Amends the Tariff Act of 1930 to stipulate that all imported merchandise shall be assessed duties, countervailing duties, or antidumping duties in accordance with the Secretary's determination 30 days after notice of such duty is published. Permits domestic manufacturers, producers, or wholesalers to contest in the U.S. Customs Court any determination that goods are not being sold at less than fair value, that bounties or grants are not being paid, or that U.S. industry is not being injured by such activities. Amends the provisions setting forth Customs Court procedure to permit actions contesting: (1) the termination of findings that imported goods are being sold at less than fair value; (2) the termination of Countervailing Duty Orders; (3) determinations that U.S. industry is not being harmed by sales of imported goods at less than fair value or export bounties or grants; or (4) determinations that there is no information that goods are being sold at less than fair value or bounties or grants are being paid or bestowed. Imposes civil penalties on persons who violate Commission findings and orders concerning unfair trade practices. Permits the President to disapprove the Commission's determination concerning unfair trade practices for 90 days after notifying Congress and the Commission. Requires congressional approval of the President's actions within the 90 day period if such suspension is to be indefinite. Gives domestic manufacturers a remedy for damages suffered as a result of unfair trade practices. Amends a provision of Federal law which makes it unlawful to import or sell articles in the United States at less than market value to give the burden of rebutting the prima facie case, by showing justification, to the person charged with the violation. Permits any person injured by a violation to sue for treble damages. Requires such suit to be commenced within four years after the cause of action accrued. Stipulates that the Commissioner of Customs shall be the agent upon whom all lawful process may be served in any action or proceeding against foreign manufacturers or exporters. Title IV: Transfer of Certain Functions under the Antidumping and Countervailing Duty Laws from the Secretary of the Treasury to the International Trade Commission - Amends the Antidumping Act of 1921 and the Tariff Act of 1930 to transfer from the Secretary to the Commission the responsibilities for investigating and making determinations about (1) imported goods being sold at less than fair value or (2) bounties or grants being paid or bestowed on imported goods, effective January 1, 1980.
United States · United States Congress · 4 April 1979
Declares it to be the sense of the Congress that crude oil, natural gas, coal, uranium, and all other components of energy costs to industrial, commercial, and residential consumers be explicitly covered by the price and profit margin guidelines established in the President's anti-inflation program, and that the President take all possible measures to slow the rising costs of energy, a major contributor to the inflationary pressures on our economy.
United States · United States Congress · 27 March 1979
Amends the Internal Revenue Code to provide identical income tax rates for single persons and married couples filing joint returns. Limits the earned income that must be reported by a married person filing a separate return to the amount actually earned by that individual.
United States · United States Congress · 20 March 1979
Amends the Internal Revenue Code to subject nonresident aliens and foreign corporations to a tax on the gain from the sale or exchange of farm or rural lands situated in the United States. Requires foreign corporations which hold United States farm lands comprising 20 percent of their assets to make reports on such holdings as the Secretary of the Treasury may require.
United States · United States Congress · 15 March 1979
Expresses the sense of Congress that the producers and distributors of motion pictures and television and radio programs should cease the production and distribution of films and programs which defame, stereotype, ridicule, demean, or degrade ethnic, racial, or religious groups. Calls upon the motion picture and broadcasting industries to establish adequate standards for the production of films which portray such groups. States that if the industries do not respond, the Congress shall formulate measures to establish and implement such standards.
United States · United States Congress · 14 March 1979
Citizens' Postal Rate Relief Act of 1979 - Prohibits the postal rate for qualified mail matter from exceeding the minimum per piece rate for regular rate third-class bulk mail plus the difference between the rate for ordinary single-piece first-class mail and the discounted rate for such mail when presorted. Defines "qualified mail matter" as domestic letter mail of individuals which is sealed against inspection and subject to third-class bulk mail service standards.
United States · United States Congress · 5 March 1979
Senior Citizens Health Insurance Reform Act of 1979 - Directs the Secretary of Health, Education, and Welfare to institute a program of voluntary certification for health insurance policies sold in supplementation of medicare. Sets forth minimum standards for such certification with respect to liability, cancellation, reasonableness of premium charge, and economic benefit to the insured. Establishes criminal penalties for: (1) misrepresentations in connection with such certification; (2) the sale of specified types of duplicate insurance; and (3) certain activities in connection with the sale of insurance policies in States which have not approved such policies.
United States · United States Congress · 28 February 1979
Regional Energy Development Act of 1979 - Chapter I: Introductory - Declares that energy shortages and the high cost of energy have created economic hardships in the Northeastern States, which would especially benefit from regional cooperation with the United States through an entity capable of financing and otherwise promoting increased energy supply and energy conservation. Defines "Northeastern States" as Connecticut, Maine, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Pennsylvania, and Massachusetts. Chapter II: Organization, Management, Powers - Authorizes the creation of a corporation for profit, not an agency or establishment of the United States, to be known as the Energy Corporation of the Northeast. Directs the President to appoint incorporators who reside in the Northeastern States to serve as the initial Board of Directors of the Corporation, and to take whatever actions are necessary to establish the Corporation. Stipulates that a Northeastern State shall become a member of the Corporation when such State subscribes for State stock, contributes initial capital in the amount of $1 per capita, and enacts supporting legislation. Allows the Corporation to become operational if at least three States become members before December 31, 1978. Authorizes States that are contiguous to members to join the Corporation in the same manner. Authorizes the Corporation to participate in joint ventures with public or private groups and to operate through subsidiaries. Requires the Corporation to submit annual reports and audits to the President, Congress, Governors and legislatures of Member States. Directs the Governors, on a rotating basis, to designate independent persons to evaluate the performance of the Corporation every two years. Chapter III: Projects and Programs of the Corporation - Authorizes the Corporation to participate in financing any project related to solving the energy needs of the Northeast. Allows the Corporation to assist projects by loans, guarantees, or equity investments. Stipulates that before any financial assistance is provided, the Board of Directors of the Corporation must find that: (1) the project is expected to have a beneficial impact on the energy problems of the region; (2) the investment together with other Corporation activities will not materially impair the credit of the Corporation; (3) private capital is unavailable or insufficient; and (4) unless this limitation is specially waived, the Corporation will not operate the project on a continuing basis or invest more than 50 percent of the total cost. Authorizes rejection of each project by the Governor of the Member State in which it is located. Charges the Board with reviewing periodically the allocation of Corporation resources among the Member States to assure a measure of equity in the distribution of benefits. Limits the Corporation's investment in any one project to the greater of ten percent of its borrowing authority or $200,000,000. Chapter IV: Financing - Stipulates that capital subscriptions from the States ($1 per capita initial contribution) and private investors shall determine the borrowing authority of the Corporation according to a formula of $15 borrowing backed by Federal guarantees for each $1 capital contribution. Authorizes the contribution of additional capital by the States after the initial subscription. Authorizes the issuance of capital securities to States and private investors in a form determined by the Board. Permits the Corporation to issue its own obligations which shall be general obligations payable out of any revenues. Prohibits the Corporation from pledging the credit of the United States or the credit of Member States. Chapter V: Guarantee of Obligations - Authorizes the Secretary of the Treasury to guarantee obligations of the Corporation. Stipulates that such obligations are not tax exempt. Prohibits purchase of such obligations by the United States. Establishes an administrative expense fund in the U.S. Treasury to provide for the administrative expense payments with respect to guaranteed obligations. Chapter VI: State Legislation - Requires Member States, upon joining the Corporation, to enact legislation: (1) assuring decisions within 90 days of application on request for permits required for Corporation projects; (2) exempting the property, income, and operations of the Corporation from State and local taxation; and (3) specifying that insofar as the provisions of any State, general, special, or local law may be inconsistent with this Act, the provisions of this Act and the legislation enacted under this Chapter are controlling. Chapter VII: Miscellaneous - Specifies terms of construction and separability of the provisions of this Act.
United States · United States Congress · 27 February 1979
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition certain assistance to States, local governments, and agencies on the adoption of a law enforcement officers' bill of rights which includes as a minimum the following: (1) allowing off-duty officers' to engage in political activities; (2) granting officers specified procedural rights in connection with investigations of their conduct on duty which may lead to a personnel action; (3) requiring officer representation on any police complaint review board established in the jurisdiction; and (4) prohibiting mandatory disclosure of officers' finances.
United States · United States Congress · 21 February 1979
National Ski Patrol System Recognition Act of 1979 - Grants a Federal charter to the National Ski Patrol System. Declares that the purpose of such corporation shall be to promote public safety in skiing.
United States · United States Congress · 15 February 1979
Congressional Award Program Act - Establishes the Congressional Award Program in the United States and its territories to recognize and promote youth leadership and excellence in the areas of expedition fitness, personal creative development, and public service. Creates a Congressional Award Board with a Director to supervise such program. Authorizes the appointment of State award directors under this Act. Exempts the Board, its property, and its income from present and future Federal, State, and local taxation, with specified exceptions. Creates three Congressional Award Medals to be awarded under this Act.
United States · United States Congress · 15 February 1979
Interstate Land Sales Reform Act - Amends the Interstate Land Sales Full Disclosure Act to expand the exemption from the terms of the Act for the sale or lease of lots in subdivisions and to limit the exemption for the sale or lease of real estate which is not a part of a common promotional plan. Grants purchasers or lessees of subdivided real property the right to void a contract for purchase or lease during the 30-day period following the consummation of the transaction and during the three-year period after consummation under specified circumstances. Requires land developers to make public all printed promotional material, transcripts of all radio and television advertisements, and accurate summaries of all verbal representations made by a developer or his agent to promote the purchase or lease of subdivided lots. Revises the formula for determining the amount of damages awarded to purchasers or lessees prevailing in civil suits for untrue statements or omissions of material facts in statement of record to include reasonable court costs, attorney's fees, appraisal costs, and travel expenses. Permits suits for securing specific performance of contracts or promises made by a developer in connection with a sale or lease of subdivided land. Extends the statute of limitations for such suits from one to three years after the discovery of the untrue statement or omission or after a discovery should have been made by the exercise of reasonable diligence. Authorizes the Secretary of Housing and Urban Development to initiate administrative proceedings upon a reasonable belief that a developer is violating or had violated any provision of this Act or any rules or regulations prescribed pursuant to this Act. Grants the Secretary the power to issue temporary compliance orders if it is in the public interest to do so. Prescribes civil penalties for violations of this Act and increases the amount of criminal penalties which may be assessed. Authorizes any attorney general of a State to bring a civil action, as parents patriae on behalf of individuals residing in such State to secure monetary or injunctive relief for injury sustained by reason of any violations of the Interstate Land Sale Full Disclosure Act.
United States · United States Congress · 13 February 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 65 or older, or who receive supplemental security income benefits under title XVI of the Social Security Act.
United States · United States Congress · 8 February 1979
Renegotiation Extension Act of 1979 - Amends the Renegotiation Act of 1951 to make performance under government contracts prior to March 31, 1981, subject to renegotiation. Stipulates that beginning with fiscal year 1978 the aggregate amounts received or accrued by a contractor or subcontractor must be at least $3,000,000 in order for such contracts or subcontracts to be renegotiated.
United States · United States Congress · 1 February 1979
Amends the Internal Revenue Code to permit taxpayers who do not itemize income tax deductions to claim a deduction from gross income for charitable contributions.
United States · United States Congress · 24 January 1979
Authorizes the Secretary of Health, Education, and Welfare to provide, through demonstration projects, payments to individuals who are receiving, or are eligible to receive, benefits with respect to post-hospital extended care services under title XVIII (Medicare) of the Social Security Act or intermediate care facility services or skilled nursing facility services under title XIX (Medicaid) of such Act, who do not require 24-hour nursing care or supervision, and who desire to establish noninstitutional living arrangement which will meet their medical and other needs. Requires payments received to be used to finance appropriate noninstitutional living arrangements which meet the medical and other needs of the individual. Provides that such payments shall not be includable in gross income under the Internal Revenue Code. Requires the Secretary to design demonstration projects for the purpose of determining: (1) the feasibility of transferring inpatients of skilled nursing and intermediate care facilities to noninstitutional living arrangements; (2) the types and percentage of such inpatients who could live effectively in a noninstitutional living arrangement; and (3) the types and percentages of such inpatients who would benefit economically and qualitatively from transferring to a noninstitutional living arrangement. Directs that funds for such payments be made from the Federal Hospital Insurance Fund established under the Social Security Act and from funds appropriated for Medicaid.
United States · United States Congress · 24 January 1979
Federal Agency Control and Review Act - Requires the Office of Management and Budget to study the efficiency and effectiveness of each Federal agency every ten years and to recommend to the President and Congress reorganization or abolition of each such agency as may be necessary to improve such efficiency and effectiveness. Abolishes each such agency upon the due date of such report unless during the ten-year period since the last report Congress has passed legislation continuing such agency.
United States · United States Congress · 24 January 1979
Authorizes the Secretary of the Interior, in consultation with the heads of other departments affected by this Act, to issue and revise regulations from time to time relating to the trapping and capturing of mammals and birds on Federal lands. Imposes a fine of $500 and/or imprisonment of up to one year for violations of such regulations. Establishes an advisory commission of seven members to consult with the Secretary and make recommendations with respect to regulations concerning trapping and capturing of mammals and birds. Imposes a fine of $5,000 and/or imprisonment of one year for the sale, shipment, or transport of any unapproved trap or any animal skin or hide or bird feathers taken in violation of this Act. Outlines those trapping regulations specifically applicable to Federal lands. Authorizes the Secretary to enter into cooperative agreements with any affected State pursuant to which the Secretary shall assist such State to enable it to comply with the provisions of this Act. Authorizes the appropriation of such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 22 January 1979
Intergovernmental Antirecession and Supplementary Fiscal Assistance Amendments of 1979 - Amends the Public Works Employment Act of 1976 to add to the congressional findings under such Act that both an antirecession fiscal assistance program and a supplementary fiscal assistance program which aid governments requiring fiscal relief are essential elements of a sound Federal fiscal policy. Extends the authorization of appropriations for antirecession fiscal assistance through September 30, 1980. Provides for the suspension of such assistance in certain circumstances if the unemployment rate does not exceed six percent. Amends such Act to require the Secretary of Labor to calculate the unemployment rate for specified units of local governments, within or encompassing standard metropolitan statistical areas, using the population survey methodology used prior to January 1, 1978, if such rates are higher than under the current methodology. Requires the Secretary of Commerce to reallocate any undistributed excess amounts among the States and local governments proportionately. Repeals the requirement that States and local governments file statements with the Secretary containing certain reporting assurances. Authorizes the Secretary to make supplemental payments to local governments whose allocation would be reduced as a result of calculating unemployment rates by a new formula. Directs the Secretary of Labor to provide the Secretary of Commerce with necessary information and to determine unemployment rates for each State and local government. Authorizes the Secretary of Commerce to pay supplementary fiscal assistance to local governments with unemployment rates above six percent whenever the unemployment rate for the United States is five percent or more. Authorizes appropriations for such assistance through September 30, 1980. Provides for the suspension of such assistance if antirecession fiscal assistance is being paid or U.S. unemployment rates are less than five percent. Specifies the formula to be used in determining payments under this Act. Requires the Secretary of Commerce to combine certain supplementary payments with the general revenue sharing payment and make a single payment to the local governmental unit. Provides for the reallocation of any undistributed excess amounts among the local governmental units proportionately. Requires local governments receiving supplementary fiscal assistance to comply with those provisions applicable to antirecession fiscal assistance.
United States · United States Congress · 18 January 1979
Amends the National Labor Relations Act to provide that the duty to bargain collectively includes bargaining with respect to retirement benefits for retired employees.
United States · United States Congress · 18 January 1979
Authorizes the Secretary of Health, Education, and Welfare to provide, through demonstration projects, payments to individuals who are receiving, or are eligible to receive, benefits with respect to post-hospital extended care services under title XVIII (Medicare) of the Social Security Act or intermediate care facility services or skilled nursing facility services under title XIX (Medicaid) of such Act, who do not require 24-hour nursing care or supervision, and who desire to establish noninstitutional living arrangement which will meet their medical and other needs. Requires payments received to be used to finance appropriate noninstitutional living arrangements which meet the medical and other needs of the individual. Provides that such payments shall not be includable in gross income under the Internal Revenue Code. Requires the Secretary to design demonstration projects for the purpose of determining: (1) the feasibility of transferring inpatients of skilled nursing and intermediate care facilities to noninstitutional living arrangements; (2) the types and percentage of such inpatients who could live effectively in a noninstitutional living arrangement; and (3) the types and percentages of such inpatients who would benefit economically and qualitatively from transferring to a noninstitutional living arrangement. Directs that funds for such payments be made from the Federal Hospital Insurance Fund established under the Social Security Act and from funds appropriated for Medicaid.
United States · United States Congress · 18 January 1979
Directs the United States to work within the third United Nations Conference on the Law of the Sea to establish an international organization for the conservation and protection of whales and other cetaceans. Directs the Department of State to undertake a series of bilateral and multilateral initiatives with nations having an interest in whales in order to achieve whale conservation as soon as possible.
United States · United States Congress · 15 January 1979
Solar Energy Bank Act - Establishes a Government corporation in the Department of Housing and Urban Development to be known as the Solar Energy Development Bank to make long-term, low-interest loans to encourage the use of solar energy in commercial and residential structures. Sets forth requirements for loan eligibility concerning the term and amount of the loan and necessary warranties for the solar energy systems covered by such loan. Prohibits conflicts of interest on the part of officers or employees of the Bank. Imposes criminal penalties for the furnishing of false or misleading information by applicants for loans under this Act. Establishes a seven-member Advisory Board to make annual reports to Congress and the President on the operation of the program established by this Act. Prohibits subsidy payments under this Act to any person who has received other Federal assistance for purchase and/or installation of energy systems similar to the solar systems assisted under this Act.
United States · United States Congress · 15 January 1979
Humane Methods of Research Act - Authorizes the Secretary of Health, Education, and Welfare to make grants for research and development of new methods of research, experimentation, and testing which minimize the use of, and the pain inflicted upon, live animals. Authorizes appropriations to carry out the purposes of this Act.
United States · United States Congress · 15 January 1979
Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse eecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principals. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; (3) the interests of the State of Alaska and the Native Corporations shall be continually considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Ainakchak National Monument; (2) Bering Land Bridge National Monument; (3) Cape Krusenstern National Monument; (4) Gates of the Arctic National Monument; (5) Kenai Fjords National Monument; Kobuk Valley National Monument; (7) Lake Clark National Monument; (8) Noatak National Monument; Wrangell-Saint Elias National Monument; (10) Yukon-Charley National Monument; and (11) Katmai National Monument. Expands and redesignates: (1) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park; and (2) Glacier Bay National Monument by the addition of 40,000 acres to be redesignated as Glacier Bay National Park. Establishes as units of the National Park System: (1) Aniakchak National Preserve; (2) Lake Clark National Preserve; and (3) Noatak National Preserve. Establishes and designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Park; (3) Cape Krusenstern National Park; (4) Denali National Park; (5) Gates of the Arctic National Park; the Arctic Wilderness; (6) Glacier Bay National Park; (7) Katmai National Park; (8) Kenai Fjords National Park; (9) Kobuk Valley National Park; (10) Lake Clark National Park and Preserve; (11) Noatak National Park; (12)Wrangell-Saint Elias National Park; and (13) Yukon-Charley National Park. Directs the Secretary of the Interior to study the nondesignated areas within the boundaries of the National Park System and report to the President and Congress on the suitability of all roadless areas for preservation as wilderness. Directs the Secretary of the Interior to administer all Alaska lands, waters, and interests in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds that were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to the applicable laws and regulations. Permits the continuation of reindeer grazing within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, with respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Monument and Yukon Flats National Monument as Yukon Flats National Wildlife Monument. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Copper River National Wildlife Refuge; (4) Iliamna National Wildlife Refuge; (5) Innoko National Wildlife Refuge; (6) Kanuti National Wildlife Refuge; (7) Koyukuk National Wildlife Refuge; (8) Nowitna National Wildlife Refuge; (9) Selawik National Wildlife Refuge; (10) Teshekpuk National Wildlife Refuge; (11) Tetlin National Wildlife Refuge; and (12) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; and (4) Kenai National Moose Range. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge (to be known as Alaska Maritime Wilderness, Aleutian Islands Wilderness, Unimak Wilderness and Semidi Wilderness); (2) Alaska Peninsula National Wildlife Refuge (to be known as Pavlof wilderness and Chiginagak Wilderness); (3) Arctic National Wildlife Range; (4) Becharof National Wildlife Monument; (5) Copper River National Wildlife Refuge; (6) Innoko National Wildlife Refuge; (7) Izembek National Wildlife Range; (8) Kanuti National Wildlife Refuge; (9) Kenai National Wildlife Range; (10) Kodiak National Wilderness Refuge; (11) Koyukuk National Wildlife Refuge; (12) Nowitna National Wildlife Refuge; (13) Nunivak National Wildlife Refuge; (14) Selawik National Wildlife Refuge; (15) Tetlin National Wildlife Refuge; (16) Togiak National Wildlife Range; (17) Yukon Delta National Wildlife Refuge (to be known as Andreafsky Wilderness and Kisaralik Wilderness); and (18) Yukon Flats National Wildlife Monument (to be known as Hodzana Wilderness and White Mountain Wilderness). Directs the Secretary of the Interior to review all areas within the National Wildlife Refuge System established or expanded by this Act as to their suitability for preservation as wilderness. Directs the President to advise Congress as to the Secretary of the Interior's recommendations. Declares that all Executive orders and other administrative actions which were in effect on the day before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation unit established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the major purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within or adjacent to a refuge. States that each such agreement shall provide that the land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon River, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Directs the Secretary of the Interior to conduct an assessment of the bald eagle in the Chilkat River area in order to determine habitat use, dynamics of salmon runs on which the eagles feed, seasonal movement patterns, and effects on the eagle population of developments by man. Directs the Secretary to develop a proposal to conserve bald eagles and other wildlife in the region, insure compatible land uses, provide for land lease agreements to facilitate the proposal. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Chugach National Forest, to be known as Nellie Juan Wilderness, College Fjord Wilderness, Red Peak Wilderness, and Tonki Cape Wilderness); (2) Admiralty Island National Monument; (3) Tongass National Forest, (to be known as Endicott Wilderness, Etolin Island Wilderness, Idaho Inlet Wilderness, Karta Wilderness, and King Salmon Capes Wilderness; (4) Misty Fjords National Monument; (5) Tongass National Forest, to be known as Petersburg Creek-Duncan Canal Wilderness, Prince of Wales Wilderness, Rocky Pass Wilderness, Russell Fjord Wilderness, Stikine- LeConte Wilderness, South Baranof Wilderness, Tebenkof Wilderness, Tracy-Arms-Ford Terror Wilderness, and West Chichagof-Yakobi Wilderness). Directs the Secretary of Agriculture to study and report to the President and Congress in accordance with the Wilderness Act recommendations as to the suitability of the Western Prince William Sound for preservation as wilderness. Specifies that the provisions of this Act apply only to the lands within Alaska and nothing in this Act shall be interpreted to expand, diminish, or modify provisions of the Wilderness Act with respect to lands outside of Alaska. Allows the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas designated by this Act in accordance with the goal of restoring and maintaining anadromous fish production in the Tongass National Forest. Sets forth factors to be considered in allowing such activity. Directs that previously existing public use cabins within national forest wilderness may be permitted to continue subject to necessary restrictions deemed to preserve the wilderness character of the area. Authorizes the Secretary of Agriculture to construct and maintain a limited number of new cabins and shelters. Authorizes the Secretary of Agriculture to permit commercial fishery activities within national forest wilderness in accordance with principles of sound fisheries management. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Amends the Alaska Native Claims Settlement Act to prohibit land conveyed to a Native Corporation pursuant to this Act or the Alaska National Interest Lands Conservation Act, which is within a contingency area designated in a U.S. timber sale contract, to be subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor form entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Stony, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak (including its major tributaries), Chilikadrotna, Mulchatna, Stonu, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Porcupine, Sheenjek, Andreafsky, Ivishak, Kanektok, Kisaralik, Wind, Beaver Creek, Copper, Selawik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Holitna-Hoholitna, Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, Susitna. Sets forth time requirements for completion of such studies. Authorizes the Secretary to seek cooperative agreements with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to promulgate regulations to protect the quality and quantity of water in the Wulik River. Allows the Secretary to grant rights-of-way for oil and gas pipelines across the Iditarod Trail or a wild and scenic river when there exists no alternative route. Sets forth the requirements for obtaining a permit for an oil or gas pipeline. Title VI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, and Native and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owed or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title VII: Subsistence - Declares the first priority of this Act to be consumptive uses of fishing and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Directs the Secretary, if the State fails to do so, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to take certain administrative action if it is determined that the program or implementation is not in compliance with this Act. Gives the Secretary authority to close public areas to all consumptive uses except subsistence uses by local residents. Sets forth procedures for hearings and appeal by the State. Gives the Secretary emergency authority to temporarily close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits the appropriate Federal agency from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision or a Native Corporation may only by acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Directs the Secretary to authorize and permit temporary access by the State or a private landowner to any conservation system unit, the Alaskan National Petroleum Reserve, or public lands for the purposes of survey and geophysical study and adequate access State or privately owned land and valid mining claims. Removes certain restrictions from sections of the North Slope Haul Road. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to establish an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to establish such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to establish such a center in Juneau, Ketchikan, or Sitka. Sets forth provisions relating to program planning, construction, operation and administration of such centers. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Stipulates that a holder of a permit to use any conservation system shall be strictly liable for damage to any lands, fish, wildlife or other renewable resource, unless such damage was caused by an act of war or the negligence of the United States. Limits damages for such strict liability to $50,000,000 for any one incident. Exempts the State from strict liability. Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Title IX: Improvements in Administration of the Alaska Native Claims Settlement Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each stockholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Includes provisions for: (1) the Secretary waiving the whole section requirement at the request of a Village Corporation in certain specified situations; (2) the selection of land by Regional Corporations where the public lands consist only of the mineral estates; (3) the conveyance of title to the Federal or State Government or the proper municipal corporation to the surface estate for existing airport sites; and (4) the conveyance of fee title of existing cemetery and historical places to the appropriate Regional Corporation. Dissentitles any Regional Corporation which asserts a claim with the Secretary to certain subsurface estate of lands selected under such Act which are in a Wildlife Refuge, to any in lieu surface or subsurface estate. Requires that any such claim must be asserted within 180 days after enactment. Amends the Alaska Native Claims Settlement Act to exempt from Federal, State, and local taxation the receipt of land or any interest pursuant to this Act to equalize the values of properties. Stipulates the manner to determine the taxable basis of such interests for the purpose of future taxable dispositions. Exempts from taxation real property interests conveyed pursuant to this Act to a Native individual or Native Corporation which are not developed or leased to third parties. States that fire protection of Native land provided by the Department of the Interior shall cover "wildland." Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites. Authorizes the Secretary to withdraw twice the amount of unfulfilled entitlement where lands selected and conveyed to a Village Corporation is insufficient to fulfill the Corporation's entitlement. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent on the date of enactment of this Act. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsite entry and to issue patent, if appropriate, to the townsite trustee. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a conservation system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska as of December 18, 1971 and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be alloted subject to a right or reentry for a 20-year period after the effective date of this Act. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Sets forth fiscal year adjustments for appropriation of funds. Directs the Secretary to pay by grant to each of the Native Group Corporations $50,000 to $100,000 depending on the population of each group, to be used for planning, development, and other authorized purposes. Subjects the decisions made by the Secretary under this title or the Alaska Native Claims Settlement Act to judicial review only if an action is initiated before a court of competent jurisdiction within two years after the Secretary's decision has become final and after the party seeking review has exhausted any administrative appeal rights. Subjects the decisions made by a Village Corporation to reconvey land under the Alaska Native Claims Settlement Act to judicial review only if the action is initiated before a court of competent jurisdiction within one year after the date of the filing of the map of the boundaries under applicable law.
United States · United States Congress · 15 January 1979
Health Security Act - Title I: Health Security Benefits - Makes every resident of the United States, and every nonresident citizen when in the United States, eligible for covered services. Authorizes the Health Security Board to enter into reciprocal agreements for coverage of (1) nonresident aliens when in the United States, and (2) U.S. citizens residing abroad. Entitles every eligible person to have payment made by the Health Security Board for any covered service provided within the United States by a participating provider, if such service is necessary or appropriate for the maintenance of health or for the diagnosis or treatment of, or rehabilitation following, injury, disability, or disease. Extends coverage to: (1) professional physician services, wherever furnished, including primary and specialized services, and psychiatric services to outpatients under specified conditions; (2) dental services, including preventive, diagnostic, and therapeutic services (exclusive of most orthodontic services), for children under age 15, with the covered age group increasing annually by two years until all persons under age 25 are covered; (3) institutional services, including inpatient and outpatient hospital services, skilled nursing home services, the services of home health service agencies, and other necessary services, including pathology and radiology services, with specified limitations; and (4) pharmaceutical benefits, including two categories of drug use: (A) prescribed medicines administered to inpatients or outpatients within participating hospitals, or to enrollees of comprehensive health service organizations; and (B) drugs necessary for the treatment of certain chronic illnesses or conditions requiring long or expensive drug therapy. Directs the Board to establish, disseminate, and review annually: (1) a list of drugs for use in participating institutions, organizations, and associations; (2) a list of diseases and drugs for use outside such organizational settings, which shall include drug therapy for chronic conditions; and (3) lists of therapeutic devices, appliances, and equipment (including eyeglasses, hearing aids, and prosthetic appliances), and the conditions under which such items are covered benefits. Requires drugs to be listed by their established names as defined in the Food, Drug, and Cosmetic Act, and also, to the extent the Board deems appropriate, by trade names. Extends coverage to other professional and supporting services, including: (1) the professional services of optometrists and podiatrists; (2) diagnostic and therapeutic services of independent pathology laboratories and radiology services; (3) mental health day care services under specified conditions; (4) alcoholism and drug abuse treatment in free-standing ambulatory centers; (5) family planning and rehabilitation services in certain free-standing centers; (6) emergency and nonemergency transportation services which are essential to overcome problems of access to covered services; and (7) other supporting services, such as psychological, physiotherapy, nutrition, social work, or health education services, which are furnished on behalf of certain approved organizations. Excludes from coverage: (1) health services furnished or paid for under Federal or State workmen's compensation laws; (2) primary or secondary school health services to the extent specified by regulation; (3) cosmetic surgery; (4) the furnishing of unapproved drugs and appliances; (5) certain medical or surgical procedures which the Board finds are experimental or too costly or scarce to provide on a nationwide basis; (6) certain services which are already furnished or available from another provider; and (7) services of a professional practitioner which are furnished in a non-participating hospital. Makes professional practitioners who are licensed on the effective date of enactment of this title eligible providers, but requires practitioners after such date to meet national standards established by the Board in addition to existing State standards. Specifies general eligibility requirements for participating providers, including the filing with the Board of an agreement (1) not to discriminate in providing services to eligible persons; (2) not to make unauthorized charges; and (3) to comply with reporting requirements. Sets forth specific eligibility requirements for various types of participating providers, including (1) general and psychiatric hospitals; (2) skilled nursing homes; (3) home health service agencies; (4) group practice organizations; (5) individual practice associations; and (6) other health service organizations and providers, including independent pathology laboratories and radiological services, ambulance services, and providers of drugs, devices, appliances, and equipment. Sets forth criteria for the utilization review of hospitals and skilled nursing homes. Requires such homes to have in effect an agreement with at least one participating hospital for the transfer of patients and medical and other information as appropriate. Limits the eligibility of providers operating newly constructed or enlarged facilities which are unnecessary for the furnishing of adequate services. Prohibits damages in malpractice judgments to be awarded for the cost of remedial services which the injured party is entitled to receive under this Act. Excludes institutions and employees of the Department of Defense, Veterans Administration, and institutions and employees of the Department of Health, Education, and Welfare serving merchant seamen, Indians, or Alaskan Natives, from serving as participating providers, but allows reimbursement for services furnished by such institutions to eligible persons who are not part of their normal clientele. Permits a physician, dentist, optometrist, or podiatrist licensed in one State, and meeting the national standards, to furnish Health Security benefits in any other State. Grants similar authority to other professional and nonprofessional health personnel. Establishes the Health Security Trust Fund, to receive the net assets of existing (Medicare) funds taken over by the Health Security program, the yield of the Health Security taxes, and the Government's contribution from general revenues amounting to 100 percent of the yield from these taxes. Directs the Board to fix for each fiscal year the maximum amount which may be obligated for expenditure from the trust fund, subject to a ceiling determined by specified formulas. Establishes in the Trust Fund a health services account, a health resources development account, an administration account, and a residual general account. Provides for the allocation of the health services account among the regions of the country, based on the aggregate expenditures for covered services in each region during the most recent 12-month period, and: (1) adjusted to reflect changes in the consumer price index and the expected numbers of eligible beneficiaries and participating providers; and (2) modified by the Board to reduce inequalities in per capita expenditures, to the extent that the quality of services are unimpaired. Directs the Board to divide for each fiscal year the allocation to each region into available funds to pay: (1) institutional services, (2) physician services, (3) dental services, (4) the furnishing of drugs, (5) the furnishing of devices, appliances, and equipment, and (6) other professional and miscellaneous services. Directs the Board to allot such funds among the health service areas established in each region under this title. Provides that payments for covered services furnished to eligible persons by participating providers shall be made from the health services account in the Trust Fund. Sets forth specific payment requirements for the various types of participating providers. Entitles every independent professional practitioner to elect to be paid by the fee-for-service method. Entitles every independent practitioner in the general practice of medicine, and every dentist furnishing covered dental services, to elect to be paid by the capitation method upon the filing of an agreement with the Board. Authorizes the Board to pay independent practitioners full-time or part-time stipends instead of, or in addition to, these methods of compensation. Allows the Board to experiment with other methods of reimbursement which do not increase service costs or encourage the overutilization or underutilization of services. Provides that hospitals, skilled nursing homes, and home health service agencies shall be paid approved operating costs as set forth in an annual budget approved by the Board. Provides that health organizations shall be paid for covered services by the capitation method. Directs the Board to determine from time to time a maximum price for the cost of a drug to a provider. States that payments for a drug furnished by an independent pharmacy shall consist of its cost to the pharmacy, not to exceed the maximum price, plus a dispensing fee, which shall be established by the Board after consultation with representatives of the pharmaceutical profession. Provides for the reduction of payments to providers for unnecessary capital expenditures. Authorizes the Board to: (1) assist in the establishment, expansion, and operation of group practice organizations, other public or nonprofit health service agencies, and nonprofit organizations furnishing comprehensive dental services; and (2) provide for the recruitment, education, and training of needed health personnel, including practitioners who will agree to practice in urban or rural areas of acute shortage. Authorizes special improvement grants: (1) to any public or other nonprofit health agency or institution to establish improved coordination and linkages with other providers of services; and (2) to organizations providing comprehensive ambulatory care, to improve their utilization review, budget, statistical, or records and information retrieval systems, to acquire equipment needed for those purposes, or to acquire equipment useful for mass screening or for other diagnostic or therapeutic purposes. Authorizes grants for the development and conduct of programs of personal care services. Authorizes appropriations for the purposes of the health services development fund. Creates an administrative structure within the Department of Health, Education, and Welfare with exclusive responsibility for the administration of the Health Security Program. Establishes a five-member, full-time Health Security Board serving under the Secretary of Health, Education, and Welfare. Sets forth the responsibilities and duties of the Board and the Secretary with respect to this title and the provision of comprehensive health care. Provides that this title shall be administered by the Board through the regions of the Department and, within each region, through health service areas, which shall be the same as those areas established by the Secretary under the Public Health Service Act. Establishes a National Health Security Advisory Council, with the Chairman of the Board serving as the Council's Chairman and 20 additional members not in the employ of the Federal Government. Authorizes the Advisory Council to appoint professional or technical committees to assist in its functions. Directs the Advisory Council to advise the Board on matters of general policy in the administration of the program, the formulation of regulations and the allocation of funds for services. Directs the Board to appoint regional and local advisory councils for each region and each health service area. Provides for the participation of appropriate State agencies in the administration of the Health Security program. Specifies responsibilities of the Board, including: (1) informing the public and providers about the administration and operation of the Health Security program; (2) making a continuing study and evaluation of the program, including the adequacy, quality, and costs of services; (3) making detailed statistical and other studies on a national, regional, or local basis of any aspect of the title; (4) developing and testing records and information retrieval systems; (5) developing, in collaboration with the pharmaceutical profession, improved administrative practices for the reimbursement of independent pharmacies; and (6) developing and testing incentive systems for improving the quality of care, and methods of peer review of drug utilization and of other service performances. Directs the Board to make evaluations and issue guidelines with respect to health manpower education and training. Requires the Board, in accordance with regulations, to make determinations of: (1) entitlement to benefits; (2) who are participating providers; (3) whether services are covered; and (4) amounts to be paid to providers. Entitles a provider or other aggrieved person to an administrative appeal from such determinations, and authorizes judicial review of a final decision. Sets forth procedures for the suspension or termination of participating providers. Authorizes the Board to issue to any participating provider, other than an individual professional provider, a directive with respect to the discontinuous of services for the purpose of payment, or the initiation of covered services. Authorizes the Board, with the advice and assistance of the Commission on the Quality of Health Care, to issue and review regulations assuring the quality of care furnished under this Act. Directs the Board to establish reasonable continuing education requirements for physicians, dentists, optometrists, and podiatrists. Sets forth conditions under which major surgery and other specialized services designated in regulations are covered under this program. Authorizes the Board, on recommendation of the Commission on the Quality of Health Care, to contract with Professional Standards Review Organizations to monitor the quality of institutional and other services. Establishes the positions of a Deputy Secretary of Health, Education, and Welfare, and an Under Secretary for Health and Science. Authorizes appropriations for the purposes of this title. Stipulates that no provision of this Act shall alter any contractual obligation of an employer to provide health services to his employees and their dependents. Title II: Health Security Taxes - Converts the existing Medicare hospital insurance payroll taxes into Health Security taxes, and raises the rates to one percent on employees and 3.5 percent on employers. Excludes from the gross income of employees, for income tax purposes, payment by their employers of part or all of the Health Security taxes on the employees. Converts the existing Medicare self-employment tax into a Health Security self-employment tax, raising the rate to 2.5 percent. Adds a new 2.5 percent tax on health security unearned income (unless such income is less than $400 a year), subject to the same maximum on taxable income as is applicable to the employee and self-employment taxes. Title III: Commission on the Quality of Health Care - Amends the Public Health Service Act to establish in the Department of Health, Education, and Welfare a Commission on the Quality of Health Care, with the primary responsibilities of: (1) initiating and continuing development of methods of assessing the quality of health care furnished under this Act; and (2) submitting to the Secretary and the Health Security Board appropriate findings and recommendations. Directs the Commission to give special consideration to care furnished for those illnesses and conditions which have relatively high incidence in the population and which are relatively amenable to medical or other care. Title IV: Repeal or Amendment of Other Acts - Makes conforming and technical amendments to specified Acts. Repeals the Medicare program. Stipulates that after the effective date of benefits received under this Act no State shall be required to furnish any service covered under Health Security as a part of its State plan for participation under Medicaid. Title V: Studies Related to Health Security - Directs the Secretary of Health, Education, and Welfare in consultation with the Secretary of State and the Secretary of the Treasury to study the practicability of extending the coverage of health services for U.S. residents in other countries. Directs the Secretary to study the means of coordinating the Federal health benefit programs for merchant seamen and Indians and Alaskan Natives, veterans, and members of the Armed Forces with the Health Security benefit program.
![Official portrait of Rep. Minish, Joseph G. [D-NJ-11]](https://www.congress.gov/img/member/m000796_200.jpg)