United States · United States Congress · 22 January 1979
Removes the jurisdiction of the Supreme Court of the United States and the Federal district courts over any case arising out of any State statute, ordinance, rule or regulation, which relates to voluntary prayers in public schools and public buildings.
United States · United States Congress · 22 January 1979
Constitutional Amendment - Declares the term "person," with respect to due process and equal protection, applicable to human beings irrespective of age, health, function or condition of dependency, including the unborn. Prohibits the deprivation of life of an unborn person, except pursuant to laws permitting medical procedures required to prevent the death of the mother.
United States · United States Congress · 18 January 1979
Permits taxpayers to designate on their income tax returns whether they wish to contribute any portion of their income tax refund or make any additional contribution to the support of either the arts or the humanities. Directs the Secretary of the Treasury to amend income tax return forms to provide a notice to taxpayers of their option to contribute. Authorizes the payment of 50 percent of taxpayer refunds or contributions designated for the arts to the National Endowment for the Arts and 50 percent to State Art Agencies. Specifies purposes for which such funds may be used and imposes restrictions on the use of such funds for administrative purposes or for research projects. Treats payments of funds to State agencies as donations from private persons and not as Federal assistance. Authorizes the payment of 80 percent of taxpayer refunds or contributions designated for the humanities to the National Endowment for the Humanities and 20 percent to State Humanities Entities. Specifies purposes for which such funds may be used and imposes restrictions on the use of such funds for administrative purposes or for research projects. Treats payments of funds to State Humanities Entities as donations from private persons and not as Federal assistance. Prohibits any Endowment or agency to which funds are paid under this Act from requiring any applicant for funds to raise additional funds or meet any matching requirements. Prohibits the use of funds raised by this Act to make grants to any institutions which hold such funds for investment. Limits the amount of funds which any institution may receive under this Act according to a specified percentage of the institution's operating budget.
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
Wildlife on Federal Lands Trapping Act of 1979 - Requires the Secretary of the Interior to issue such regulations relating to trapping as are necessary to carry out the purposes of this Act. Prohibits the Secretary from approving any type of trap unless such trap utilizes the most humane capture method available for the species concerned, and minimizes the probability of capturing species for which such trap was not intended. Directs the Secretary to undertake a research program to develop such types of traps. Establishes an advisory commission to make recommendations to the Secretary with respect to traps designed or intended for use. Prohibits the Secretary from permitting trapping on Federal lands where such trapping may reduce any species below specified levels. Sets forth a procedure for the application and issuance of trapping permits. Requires the attachment of a shipping certificate to any package containing the fur, hide, skin, horn, or feathers of any mammal or bird captured by any trap within any State or the District of Columbia if such package is transported in interstate or foreign commerce. Establishes criminal penalties for: (1) engaging in trapping without a permit issued pursuant to this Act; (2) violating any condition of such permit; (3) violating any regulation of the Secretary relating to trapping; (4) selling or transporting in interstate commerce an unapproved trap; (5) falsifying the shipping certificate; or (6) conveying any package under this Act without affixing the shipping certificate or affixing a false certificate. Authorizes the Secretary to enter into cooperative agreements with States with respect to the imposition of trapping regulations consistent with those prescribed under this Act. Authorizes such appropriations as may be necessary to carry out the purposes of this Act.
United States · United States Congress · 18 January 1979
Establishes in the House of Representatives a Select Committee on the Outer Continental Shelf to conduct a continuing study and review of problems, programs, and policies related to the management and exploitation of energy resources in the Outer Continental Shelf. Directs the select committee to transmit its findings and reports to the House by the last day of the second session of the 96th Congress.
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
Amends the Hazardous Materials Transportation Act of 1975 to prohibit the Secretary of Transportation from permitting the transportation of any radioactive material through or into an area with a population density greater than 12,000 persons per square mile, except where such material is to be used for medical diagnosis or treatment or during a national emergency.
United States · United States Congress · 15 January 1979
Amends the Merchant Marine Act, 1936, to impose merchant marine or uniformed service obligations on members attending the Academy following graduation.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to allow an income tax deduction, without regard to the three percent of income floor, for medical expenses paid for a dependent who is mentally retarded or handicapped.
United States · United States Congress · 15 January 1979
Amends the Merchant Marine Act of 1958 to stipulate that Federal tuition loans to maritime academies shall be payable directly to the students. Stipulates that such loan shall be forgiven if the individual, upon graduation, performs certain merchant marine or uniformed services duty for a specified time. Stipulates that such loans may be made in an amount not to exceed $1,200 per academic year for not more than four years.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to allow an income tax credit, not to exceed $250, for 50 percent of the expenses paid or incurred by a speech - or hearing-impaired individual for the use of toll telephone service by means of teletypewriters.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to require an annual cost-of-living adjustment, based on the Consumer Price Index, to the individual income tax rates and the personal exemption.
United States · United States Congress · 15 January 1979
Provides that anyone using or carrying a firearm during the commission of any felony prosecutable in Federal court may, in addition to the punishment provided for such crime, be sentenced to a term of imprisonment of not less than five nor more than 15 years. Requires the court to state in writing its reasons for deciding not to impose such additional sentence. Precludes the granting of probation or the suspension of such additional sentence. Requires in the case of a second or subsequent conviction the imposition of a term of imprisonment of not less than ten nor more than 30 years. Stipulates that in such case the sentence: (1) may not be suspended; (2) may not include probation; and (3) may not run concurrently. Includes in the definition of "dangerous special offenders" for purposes of the special sentencing procedure a defendant who used or unlawfully carried a firearm during the commission of a felony.
United States · United States Congress · 15 January 1979
Title I: Domestic Oil Pollution Liability, Compensation, and Fund - Establishes in the Treasury of the United States the Comprehensive Oil Spill Liability Fund for the purposes of paying for otherwise uncompensated losses resulting from oil pollution. Enumerates the sources of monies to be deposited in such fund, including a fee not to exceed three cents per barrel of oil, imposed upon owners of facilities receiving oil. Obligates owners of such oil to reimburse the refinery or terminal the full amount of the fee levied on such person's oil. Imposes a civil penalty on any person required to pay or collect such fees who fails to do so. Authorizes the Secretary of Transportation to issue obligations to the Secretary of the Treasury at times when fund assets are insufficient to meet fund liabilities. Lists the types of injuries which may be compensated under this Act and the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on the owners and operators of each pollution source. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Transportation to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, or transferring oil. Requires the owner or operator: (1) of any such facility; or (2) of any vessel which uses such facility or navigable waters of the United States, to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Directs the person in charge of a vessel or facility to immediately notify the Secretary of Transportation of any pollution incident in which the vessel or facility is involved. Specifies procedures whereby the Secretary may, in the absence of such an admission, designate and advertise pollution sources. Directs the Secretary, in instances in which (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source, to advertise claims with limited exceptions to be presented initially to the owner or operator, or to such person's guarantor. Permits claimants either to present a claim to the fund or to bring an action in an appropriate United States court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the fund. Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the fund. Permits the fund to intervene in such actions. Subrogates any person or government entity, including the fund, paying compensation to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in actions brought by the fund against owners, operators, or guarantors of alleged pollution sources. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution. Sets penalties for persons failing to comply with specified provisions in this Act. Directs the President to conduct a study to determine whether adequate private oil pollution protection is reasonably available to owners and operators of vessels and facilities. Title II: Effective Dates; Conforming Amendments - Specifies the effective date of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, and the Trans-Alaska Pipeline Act, to conform with the the provisions of this Act.
United States · United States Congress · 15 January 1979
Panama Canal Act of 1979 - Title I: Administration and Regulations - Chapter I: Panama Canal Commission - Establishes the Panama Canal Commission to operate and maintain the Panama Canal, subject only to the direction of the Secretary of Defense. Requires the President to appoint an Administrator, a Deputy Administrator, and a Chief Engineer with the advice and consent of the Senate. Establishes a Panama Canal Consultative Committee to advise the United States and Panama on policy affecting the Canal. Requires such Committee to submit written proposals for action to the President, subject to Congressional disapproval, 60 days prior to taking any action. Authorizes the President to establish a Joint Commission on the Environment with Panama to review periodically the environmental impact of the Panama Canal Treaty of 1977. Provides for a military officer to assume jurisdiction over the Canal if the United States is at war or war is imminent. Directs the United States Ambassador to Panama to coordinate the transfer of functions to be assumed by Panama pursuant to the Panama Canal Treaty of 1977. Chapter 3: Employees - Authorizes the Panama Canal Commission to appoint, fix the compensation of, and define the duties of officers and employees necessary for the management, operation, and maintenance of the Canal. Permits officers and employees of other Federal departments or agencies to serve as employees or officers of the Commission. Sets forth provisions relating to transfers of Federal employees, compensation of certain military individuals, cost-of-living allowances, educational travel benefits, privileges and immunities, and inapplicability of certain benefits to certain noncitizens. Directs the Commission to conduct its wage and employment practices in accordance with Treaty principles and the Panama Canal Employment System. Requires department heads to establish written employment standards and rates of basic compensation. Requires uniform application of standards and rates regardless of whether the employee is a citizen of the United States or Panama. Makes provisions for recruitment and retention remuneration and benefits. Directs the President to establish the Panama Canal Employment System to be a merit based and competitive service. Stipulates the procedure for review and appeals of classifications, grades, and pay levels. Provides for terms and conditions of employment for employees transferred to the Commission similar to those available prior to transfer. Exempts teachers formerly employed by the Canal Zone Government, who were transferred, from the Defense Department Overseas Teachers Pay and Personnel Practices Act. Makes provisions for United States citizens to be placed in vacant Federal jobs in the United States. Sets forth retirement provisions. Makes the United States Attorney an employee of the Commission. Exempts Federal employees in the Canal Zone from the labor-management provision applicable to Federal employees. Requires the Secretary of Defense to prescribe similar regulations. Chapter 5: Funds and Accounts - Terminates the Treasury accounts for the Canal Zone Government and the Panama Canal Company. Authorizes appropriations to the Commission as necessary. Authorizes the Secretary of Treasury to establish a Panama Canal Emergency Fund. Requires the Commission to establish and maintain its accounts pursuant to the Accounting and Auditing Act of 1950. Directs the Commission to report annually to the President and Congress. Makes provisions for the Commission to reimburse other Federal agencies for retirement and benefit payments. Requires the Department of Defense to reimburse the Commission for maintaining defense facilities in standby condition. Authorizes Defense appropriations to be made available for educational and health care activities. Permits the Commission to aid military post offices in the proper distribution of mail. Terminates the Canal Zone postal service. Provides for the redemption and payment of securities, postal savings certificates, and other accounts. Permits the Commission and the U.S. Postal Service to enter into agreements to meet obligations only to the extent such amounts are provided for in appropriation Acts. Permits the Commission and the U.S. Postal Service to enter into agreements to meet Panama at rates agreed to by the Commission and Panama. Authorizes the Commission to provide disaster relief to Panama. Chapter 7: Claims for Injuries to Persons or Property - Authorizes the Commission to pay claims up to $60,000 arising from the operation of the Canal or related facilities, including for injuries to vessels, cargo, crew, or passengers passing through the Canal. Sets forth the measure of damages for injuries to a vessel. Permits aggrieved persons to appeal a claims determination by the Commission to the U.S. District Court for Eastern Louisiana. Directs the President to establish a Board of Local Inspectors to investigate any accidents or injuries giving rise to a claim. Chapter 9: Public Property - Provides for the reversion of the Panama Canal Company's property, assets, and liabilities to the United States. Authorizes the Commission to use such property as necessary. Prohibits disposing of U.S. property in Panama without congressional authorization. Authorizes the transfer of property, including the Panama Railroad, to Panama pursuant to the Treaty. Chapter 10: Tolls for Use of Canal - Authorizes the President to prescribe rules for the measurement of vessels and tolls to be levied for the use of the Canal. Sets forth certain bases and procedures for setting or adjusting tolls. Chapter 11: General Regulations - Authorizes the President and the Commission to make regulations concerning their respective areas of responsibility. Chapter 13: Shipping and Navigation - Authorizes the President to regulate the operation and navigation of the Canal. Provides for inspections of vessels. Title II: Treaty Transition Period - Chapter 1: Laws Continued in Force - Continues those laws in force during the transition period that are not inconsistent with the Treaty. Chapter 2: Courts - Continues the jurisdiction of the U.S. District Court for the Canal Zone in accordance with Treaty provisions. Provides for the extension of terms of certain offices as agreed by the United States and Panama. Repeals the requirements that certain court officials reside in the Canal Zone. Amends the Canal Zone Code to authorize the chief judge of the U.S. judicial circuit in which the district court lies to designate a special district judge to act when necessary pursuant to the U.S. Code provisions relating to the assignment of judges. Continues the magistrates' courts for 30 months, unless terminated earlier by the President. Provides for the U.S. District Court for the Canal Zone to assume the jurisdiction of the magistrates' courts upon termination. Chapter 3: Attorneys - Amends the Canal Zone Code to authorize the district judge to prescribe an appropriate oath for attorneys admitted to practice in the Canal Zone. Chapter 4: Transition Authority - Authorizes the President to exercise any transition authority not contrary to other laws, agreements, or the Treaty. Title III: General Provisions - Chapter 1: Cemeteries - Authorizes the President to enter into an agreement with Panama providing for the administration of the Corozal Cemetery by the American Battle Monuments Commission. Permits the President to make provisions for: (1) the transfer of remains of U.S. citizens from Mount Hope Cemetery to Corozal Cemetery; and (2) the transportation of remains to the United States, if requested by the next of kin. Chapter 2: Immigration - Amends the Immigration and Nationality Act to include immigrants who have been employees of the Panama Canal Company or Canal Zone Government within the category of special immigrants. Waives specified conditions of inadmissibility to the United States for such immigrants. Chapter 3: Amendments; Repeals; Effective Dates - Makes certain technical and conforming amendments. Repeals certain Canal Zone Code provisions relating to: (1) administration and regulation; (2) divisions and terms of the district court; and (3) extradition of fugitives from Panama. Repeals: (1) the applicability of the Arms Export Control Act to the Canal Zone; and (2) the authority of the Canal Zone governor to regulate anchorage and movement of vessels in a national emergency. Makes this Act effective on the date the Treaty enters into force unless otherwise provided.
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
Directs the Secretary of the Interior to permit the National Committee of American Airmen Rescued by General Mihailovich to construct a monument to General Mihailovich on Federal public land within the District of Columbia or its environs.
United States · United States Congress · 15 January 1979
Authorizes the inclusion of military service performed by an individual after December, 1956 in the aggregate period of service on which a civil service annuity is based. Stipulates that this Act applies only to individuals becoming eligible for such annuity after the date of enactment. Directs the Civil Service Commission, upon request, to recompute the annuity of an individual receiving such annuity before the date of enactment.
United States · United States Congress · 15 January 1979
Age Discrimination in Employment Amendments of 1979 - Amends the Age Discrimination in Employment Act of 1967 to remove the existing 70-year upper age limit to which the prohibitions of such Act apply, thereby extending the protection of such Act to all individuals who are at least 40 years of age. Specifies that there shall be no exceptions to the prohibitions of such Act because of the nature of employment of an individual, or retirement benefits to which an individual may be entitled. Repeals provisions restricting the employment or compensation of an individual in the Federal civil service, Government of the District of Columbia, Foreign Service, or Army Corps of Engineers after such individual retires with an annuity or reaches retirement age. Repeals automatic separation requirements based on age and length of service which relate to employees of the Alaska Railroad, the Panama Canal Company, the Canal Zone Government, and to air traffic controllers and Federal law enforcement officers and firefighters.
United States · United States Congress · 15 January 1979
National Aquaculture Act of 1979 - Directs the Secretary of Commerce, after consultation with the Secretaries of the Interior and of Agriculture and certain other Federal and State officials, to establish a National Aquaculture Development Plan. Requires that such plan identify each aquatic species which can be cultured on a commercial or other basis, and contain a program of aquaculture development for such species. Stipulates that each such program shall be implemented either individually, jointly, or collectively by the Secretaries of Commerce, Agriculture and the Interior according to responsibilities vested in the respective Secretaries by law, or on the basis of departmental expertise and resources. Directs the Secretary of Commerce to make periodic reviews of the operation and effectiveness of the Plan and to amend the plan as necessary. Requires the Secretary of Commerce to make a continuing assessment of aquaculture in the United States and complete an initial assessment within six months after the enactment of this Act. Requires the Secretary of Commerce, the Secretary of the Interior, or the Secretary of Agriculture, in implementing the aquaculture development programs, to: (1) provide advisory, educational, or technical assistance to interested persons; (2) consult and cooperate with persons, agencies, and regional commissions; (3) encourage the implementation of aquacultural technology; and (4) prescribe such regulations as necessary to carry out such a program. Directs the Secretary of Commerce to: (1) establish an aquaculture information service; (2) maintain an inventory of public and private aquaculture being carried out in the United States; (3) arrange for the mutual exchange of information relating to aquaculture with foreign nations; and (4) conduct a study to determine whether existing capture fisheries could be adversely affected by competition from products produced by commercial aquaculture enterprises. Directs the Secretary of Commerce to prepare and submit to Congress a biennial report on the status of aquaculture in the United States. Establishes the Interagency Aquaculture Coordination Committee to insure that there is a continuing exchange of information relating to the aquacultural programs and projects of the various agencies and to review on a continuing basis the relevant program and projects of all Federal agencies. Authorizes the Secretaries of Commerce, Agriculture, and the Interior, according to their powers under this Act, to carry out their functions through grants or contracts. Limits the amount of any such grant to one-half of the estimated cost of the project. Allows the Secretaries of Commerce, Agriculture, and the Interior to provide financial assistance for aquacultural demonstration projects in the form of grants in an amount not to exceed 50 percent of the estimated cost. Authorizes the Secretary of Commerce to guarantee obligations issued for the financing of any aquaculture facility within the United States. Stipulates that the aggregate unpaid principal amount of all such guaranteed obligations shall not exceed $150,000,000. Authorizes the Secretary to collect a fee for guaranteed obligations not to exceed one-half of one percent per annum of the outstanding principal balance of the obligation. Sets forth the allowable interest rate, maturity date, and default procedures relating to such loans. Authorizes the Secretary of Commerce to establish a program to provide essential property or liability insurance to owners of aquaculture facilities at reasonable rates upon a determination that the issuance of such insurance is necessary to carry out the purposes of this Act. Establishes a Federal Aquaculture Assistance Fund to enable the Secretary to guarantee obligations, make disaster loans, and implement the insurance program established under this Act. Authorizes the Secretary of Commerce to issue notes or obligations to the Secretary of the Treasury if the monies in the loan fund are insufficient to pay such a loan in the event of default.
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.
United States · United States Congress · 15 January 1979
Amends the Federal Election Campaign Act of 1971 to add Title V: Financing of General Election Campaigns for the House of Representatives. Directs the Secretary of the Treasury to maintain, in the Presidential Election Campaign Fund, the House of Representatives Election Campaign Account. Sets forth eligibility requirements to be met by candidates for election to the House of Representatives seeking payments from such Account. Limits expenditures from personal funds which may be made by candidates meeting such eligibility requirements. Entitles eligible candidates to matching payments and sets forth the procedure for determining the amounts of these payments. Stipulates that the aggregate payments to all candidates in an election shall not exceed three times the maximum amount payable in matching funds. Suspends certain expenditure limitations on eligible candidates if any candidate not eligible to receive payments pursuant to this Act makes expenditures or receives contributions in excess of specified amounts. Sets forth the procedure for requesting matching payments. Sets forth procedures to be followed by the Secretary of the Treasury in maintaining the House of Representatives Election Campaign Account. Directs the Federal Elections Commission to conduct examinations and audits of the campaign accounts of ten percent of the eligible candidates. Provides for the participation of the Commission in judicial proceedings arising under this Act. Authorizes appropriations necessary to carry out the purposes of this Act.
United States · United States Congress · 15 January 1979
Declares it the sense of Congress that "Our American Merchant Marine March" as written and composed by Earl W. Clark shall be recognized as the official march of the American merchant marine.
United States · United States Congress · 15 January 1979
Establishes the Claude Pepper Senior Citizen Congressional Intern program which authorizes each Member of Congress to hire each year one senior citizen intern to serve within the District of Columbia for one of two two-week periods. Specifies that such intern shall be compensated at a rate not to exceed $300 per week.
United States · United States Congress · 14 October 1978
Liquified Gas Facility Safety Act - Amends the Ports and Waterways Safety Act of 1972 to direct the Secretary of Transportation to prescribe minimum standards for the location, design, construction, and safe operation of any liquified gas facilities. Specifies factors to be considered by the Secretary in establishing such standards. Prohibits the construction or operation of liquified gas facilities without a license issued by the Secretary. Stipulates that such licenses shall be issued only to applicants which: (1) comply with applicable laws, regulations and license conditions; (2) obtain a valid certificate of public convenience and necessity pursuant to the Natiohal Gas Act; and (3) construct and operate their facilities using the best available technology designed to provide maximum public safety. Specifies the information to be included in applications for licenses. Sets forth the Secretary's authority to deny, suspend, or revoke such licenses. Requires the Secretary to submit copies of applications to the Attorney General and the Federal Trade Commission for antitrust reviews. Requires licensees to maintain such records as the Secretary may prescribe and to grant acess to such records to the Secretary and the Comptroller General of the United States. Directs the Secretary not to issue licenses for such facilities without the approval of the Governor of a State with an approved coastal zone management program. Authorizes such States to supersede license conditions and requirements established by this Act with comparable State requirements. Imposes civil and criminal penalties for violations of the prohibitions contained in this Act. Establishes the Liquified Gas Compensation Fund to provide for damage claims resulting from discharges of liquified gas. Provides for the establishment of such Fund from fees collected from owners of gas and from other amounts collected pursuant to this Act. Directs the Secretary to require owners and operators of liquified gas vessels and facilities to provide evidence of insurance or of other financial responsibility to meet any liabilities imposed under the provisions of this Act. Stipulates that such owners and operators shall be strictly liable for damages resulting from discharges of liquified gas. Limits such liability to $200,000,000 except in cases of gross negligence or willful misconduct, or where the discharge resulted from a violation of applicable safety or construction standards. Directs the Secretary to establish procedures for filing, adjudication and payment of claims arising under this Act. Establishes United States district court jurisdiction over cases arising under this Act. Authorizes the Secretary to take any necessary actions to minimize or mitigate damage to public health or welfare from such discharges, in accordance with the Natural Contingency Plan for removal of oil and hazardous substances. Directs the President to amend the Plan as necessary to include measures for responding to liquid gas discharges. Authorizes the Secretary to issue rules, regulations, and standards necessary to implement this Act. Authorizes the appropriation of $10,000,000 for fiscal year 1980, and $5,000,000 for each of fiscal years 1981 and 1982, to carry out the purposes of this Act.
United States · United States Congress · 29 September 1978
Expresses the sense of the House of Representatives that the United States, while seeking to improve relations with the People's Republic of China, shall continue to maintain full diplomatic relations with the Republic of China and shall not alter its Mutual Defense Treaty with such country.
United States · United States Congress · 28 September 1978
National Art Bank Act - Establishes within the National Endowment for the Arts an Art Bank to be headed by a Director. Authorizes the Director to purchase visual works of art for the Art Bank, to make such works available on loan to certain private and governmental entities for public display, to sponsor exhibitions, and to assist State and local governments and nonprofit institutions in establishing Art Banks, or funds which may be expended for the work of any one artist during any one fiscal year.
United States · United States Congress · 18 September 1978
Endangered Species Act Amendments - Amends the Endangered Species Act of 1973 to revise the procedures to be followed by the Secretary of the Interior in issuing regulations under the Act. Establishes an intergovernmental review board for the purpose of considering an application, upon the recommendation of the Secretary of Interior, for exemption from the requirement of the Act that Federal agencies take no action which would jeopardize the continued existence of any endangered species. Specifies that the review board shall make its recommendations to the Endangered Species Committee, established by this Act. Establishes the Endangered Species Committee to make a final determination whether or not to grant an exemption to the requirements of this Act. Specifies that this decision shall be made within 90 days of receiving the recommendation of the review board. Prohibits the Endangered Species Committee from granting an exemption if the Secretary of State has determined the proposed agency action to be in violation of any international obligation. Sets forth the procedure for judicial reviews of the Endangered Species Committee decisions. Declares that the President may grant exceptions to the requirements of this Act in the case of major disaster areas. Authorizes the Secretary to approve and assist in the implementation of any State program for the conservation of endangered and threatened species. Declares that no civil penalty shall be imposed for violation of the requirements of this Act if committed on a good-faith belief that the violator was acting to protect himself, a family member, or any other individual from bodily harm. Exempts certain raptors legally held in captivity on the effective date of this Act from certain restrictions of the Act relating to possession and dealing in endangered species. Authorizes appropriations necessary to carry out the purposes of this Act.
United States · United States Congress · 14 September 1978
Interstate Horseracing Act - Declares that it is the policy of the Congress to regulate interstate commerce with respect to wagering on horseracing, in order to further the horseracing and legal off-track betting industries in the United States. Establishes conditions under which an interstate off-track wager may be accepted by an off-track betting system. Establishes civil penalties for violation of such conditions, and confers jurisdiction on the district courts of the United States over any cause of action arising out of a violation of such conditions.
United States · United States Congress · 8 September 1978
Authorizes the Secretary of Health, Education, and Welfare to classify automated blood pressure machines as class II medical devices, notwithstanding certain requirements of the Federal Food, Drug, and Cosmetic Act for classification of medical devices, in order to insure the accuracy and reliability of the performance of such machines.
United States · United States Congress · 17 August 1978
Recreational Boating and Facilities Safety Improvement Act - Establishes within the Treasury a Recreational Boating and Facilities Safety Improvement Fund which is to be administered by the Secretary of the department in which the Coast Guard is operating and used exclusively to finance recreational boating facilities projects and recreational boating safety services. Stipulates that during the period ending September 30, 1985, the revenues attributable to the special motor fuels and gasoline use in motorboats taxes under the Highway Revenue Act of 1956 shall be covered into the Fund. Authorizes and directs the Secretary to provide financial assistance to States from the Fund for State boating purposes. Stipulates that the Federal share of such a project shall not exceed 50 percent of its cost. Sets forth conditions of eligibility for State boating safety projects and ratios for the allocation of Fund revenues among the States. Stipulates that the National Boating Safety Advisory Council shall act as an advisory body to the Secretary in assessing the need for and suitability of recreational boating facilities and boating safety services projects and in developing priorities for such facilities and projects. Directs the Secretary, within 18 months, to submit to Congress a comprehensive review and report on the needs, problems, and opportunities associated with recreational boating facilities and boating safety programs.
United States · United States Congress · 8 August 1978
Medicare Home Health Amendments - Amends Title XVIII (Medicare) of the Social Security Act to remove the 100 visit limitation presently applicable to home health care services under such Title. Eliminates prior hospitalization as a condition of eligibility for home health care services under part A (Hospital Insurance Benefits for the Aged and Disabled) of such Title. Eliminates confinement to home as a requirement for receiving home health care services under part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of such Title. Includes "periodic chore services" within those home health services for which payment may be made under the supplementary medical insurance program.
United States · United States Congress · 8 August 1978
Amends the Trade Act of 1974, with respect to the authority of the President to negotiate trade agreements, to direct the President to reserve any article for which an agreement limiting agricultural imports has been entered into, from negotiations to reduce or eliminate customs duties or import restrictions.
United States · United States Congress · 4 August 1978
Sikes Act Amendments - Authorizes appropriations to the Secretary of Defense for fiscal years 1979 through 1981 to carry out conservation programs on military reservations and to fulfill responsibilities under cooperative plans, including those for enhancements of fish and wildlife habitat and development of recreation facilities. Authorizes appropriations to the Department of the Interior for fiscal years 1979 through 1981 to carry out conservation programs on public lands, including data collection, research, planning and rehabilitation programs. Authorizes appropriations to the Department of Agriculture for fiscal years 1979 through 1981 for conservation programs. Requires that in requesting funds, the Secretary of Agriculture shall take into account fish and wildlife programs needs identified in State plans as developed under the Forest and Rangeland Renewable Resources Planning Act of 1974.
United States · United States Congress · 11 July 1978
Amateur Sports Act - Title I: Declaration of Policy - Makes findings and states that the policy of Congress is to promote amateur athletics and protect the right of amateur athletes to participate in athletic competition. Title II: Olympic Committee Reorganization - Amends the corporate charter of the Olympic Committee to (1) provide for a principal place of business of the United States Olympic Committee (Corporation); (2) set forth the objectives and purposes of the Corporation; (3) set forth the powers of the Corporation; (4) provide reasonable representation for specified individuals and organizations in establishing and maintaining provisions for the governance and conduct of its affairs; and (5) subject to civil liability any person who uses an Olympic designation without authority to promote a private financial interest. Permits contributors or suppliers of goods or services to use the name of the United States Olympic Committee or its designation to advertise that such goods or services have been furnished to, approved, or selected by the Corporation. Requires the Corporation to establish in its constitution and bylaws provisions for the resolution of disputes involving the opportunity of an amateur athlete or other specified individuals to participate in sanctioned athletic competitions. Authorizes the Corporation to recognize as a national governing body any amateur sports organization (but only one for each sport) which submits an application for recognition and complies with eligibility requirements. Sets forth such eligibility requirements. Sets forth the duties and powers of a national governing body and the requirements which an amateur sports organization must meet to hold an athletic competition or sponsor athletes in competition and be sanctioned by a national governing body. Grants to the Corporation the power of review over the actions of any national governing body and invests a United States district court with jurisdiction to enjoin any action of a national governing body inconsistent with the terms of the Corporate charter. Sets forth procedures for the Corporation in (1) processing a complaint against a national governing body by an individual athlete or an amateur sports organization; (2) revoking recognition of a national governing body; and (3) replacing an incumbent national governing body. Provides for arbitration of a determination of the Corporation. Authorizes the Secretary of Commerce to lend financial assistance to the Corporation in developing amateur athletics in the United States. Authorizes appropriations for carrying out the work of the national governing bodies. Directs the Secretary to conduct a feasibility study to determine the most appropriate means of providing funding to the Corporation for the construction and operation of training centers and sports medicine research facilities.
United States · United States Congress · 29 June 1978
Amends the Fishery Conservation and Management Act of 1976 to include within the definition of fishing under such Act fish processing at sea. Defines the terms United States fish processors and United States harvested fish for purposes of this Act Provides that United States harvested fish transferred to foreign ships for processing at sea shall be considered as part of the total allowable level of foreign fishing in any fishery subject to the exclusive fishery control of the United States. Includes certain tariffs on fish and fish products imposed by a foreign nation as a factor to be considered in determining the individual foreign fishing allocations in such United States' fisheries. Revises certain fishing permit requirements for specified foreign fish processing ships at sea in certain United States' fisheries. Permits the transfer of United states harvested fish to any foreign ship, within the United States' fishery conservation zone, having the fishing permit required by such Act.
![Official portrait of Rep. Murphy, John M. [D-NY-17]](https://www.congress.gov/img/member/m001098_200.jpg)