United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, and insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active- duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product. Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services; (2) health clinic services, including rural health clinic services; (3) home dialysis supplies; (4) tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lenses after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health-care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO: and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the maximum reasonable cost for such service; and (2) drugs and hearing aids in accordance with the lowest of: (A) the provider's fee charged for dispensing the drug or hearing aid; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtainable by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health-care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-, SSI-, AFDC-eligible residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare- eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (PL 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an advocate, to assist consumers in determining and protecting their rights to services; and (3) an inspector general, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B, Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State-chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3)that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services, and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health- care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI- Effective Dates, Transition Provisions, Amendments - Part A, Effective Dates and Transition Provisions - Sets forth effective dates for provisions of this Act. Provides for a special national premium rate for the period between October 1 and December 31 of the year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI: - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45-consecutive-day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost". Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 2 August 1979
Amends the Immigration and Nationality Act to include within the definition of "special immigrant" an immigrant (and accompanying spouse and children) entering the United States to pursue a course of religious study at an institute of religious training, which is registered with the Attorney General, in order to carry out the vocation of minister of a religious denomination having a bona fide organization in the United States and needing the services of such immigrant.
United States · United States Congress · 2 August 1979
Amends the Motor Vehicle Information and Cost Savings Act to stipulate that an automobile manufacturer's failure to comply with any average fuel economy standard shall not be deemed "unlawful conduct" under such Act unless the Secretary of Transportation has determined that: (1) any credits which the manufacturer may have received for exceeding such standards in any model year do not fully offset any penalty for failure to achieve such standards; and (2) the time for which such credits could be earned to offset such a penalty has expired. Allows such a credit to be used to offset any penalty which may have been assessed against the manufacturer in the three consecutive years prior to the model year in which the manufacturer exceeds such a standard.
United States · United States Congress · 2 August 1979
Federal Employees Dental Benefits Act of 1979 - Directs the Office of Personnel Management (OPM) to contract for the following dental benefits plans for Federal employees: (1) a service benefit plan; (2) an indemnity benefit plan; (3) employee organization plans; and (4) health maintenance organization plans. Requires that the benefits under such plans include: (1) diagnostic services; (2) preventive care; (3) emergency dental care services; (4) fillings; and (5) extractions. Permits a plan, subject to approval of the OPM, to: (1) offer additional benefits; (2) require copayments not exceeding 50 percent of the value of such additional benefits; (3) limit the amount a beneficiary may be paid during a calendar year under such a plan; and (4) impose a calendar year deductible for each beneficiary. Allows the OPM to enter into contracts for such plans without regard to specified provisions of Federal law requiring competitive bidding. Sets forth requirements concerning: (1) the length and rates of such a contract; and (2) obligations of any carrier of such a plan. States that such contracts are not subject to the Federal Procurement Regulations. Directs the OPM to establish audit requirements which do not conflict with such Regulations to carry out the purposes of this Act. Allows an employee to enroll in a dental benefits plan as an individual or for self and family. Permits certain annuitants to continue enrollment in such a plan under conditions of eligibility prescribed by regulations of the OPM. Prohibits an individual from enrolling both as an employee or annuitant and as a member of the family. Specifies conditions under which an employee may change enrollment. Specifies the biweekly contributions of the Government and the enrolled individual toward the subscription charge of a dental benefits plan. Directs the OPM to provide individuals who are eligible for such a plan with sufficient information to enable the individual to make an informed choice among the types of plans. Requires that each enrolled individual receive a document summarizing: (1) the benefits of the plans; (2) the procedure for obtaining benefits; and (3) all provisions of the plan affecting the individual. Creates the Employees Dental Benefits Fund into which the contributions of the Government and enrolled individuals shall be paid. Directs the OPM to: (1) administer this Act; (2) make a continuing study of the operation of this Act and of the plans under this Act; and (3) transmit an annual report of its findings to Congress. Authorizes expenditures from the Employees Life Insurance Fund to pay administrative expenses of the OPM in carrying out provisions of this Act. Requires the reimbursement of such expenditures plus interest from the Federal Employees Dental Benefits Fund.
United States · United States Congress · 31 July 1979
National Employment Priorities Act of 1979 - Requires a business concern to give notice, with an economic impact statement, to the Secretary of Labor and to affected employees, labor organizations, and local governments whenever such business concern intends a change of operations at an establishment which will result in an employment loss in any 18-month period of the lesser of 100, or of 15 percent, of the employees at such establishment. Requires, with exceptions, that such notice be given within specified periods of time (varying according to the number of employees affected) before such business concern reduces the weekly wages or suspends or terminates the employment of any employee in connection with such change. Directs the Secretary to investigate and hold public hearings on specified matters related to such change upon receipt of a written request for such investigation from an affected labor organization or from at least ten percent of the employees at such establishment. Requires such request to be made within 60 days of receipt of notice. Authorizes the Secretary to investigate and hold closed hearings on such matters, without regard to whether such notice is given, upon: (1) a determination that such investigation would serve the purpose of this Act; or (2) a request from at least 50 percent of such employees. Empowers the Secretary to issue subpoenas for witnesses and evidence in such investigations. Directs the Secretary to prepare and publish a report of such investigation. Makes employees who accept employment with such business concerns, with knowledge that such notice has been given, ineligible for specified assistance under this Act. Requires such business concerns to give written statements of employment status to employees whose weekly wages are lowered by a specified amount or who are suspended or terminated. Stipulates that an employee will be deemed to suffer an employment loss if a business concern fails to: (1) give such a statement of employment status to an employee; or (2) include in such statement an assurance of increased wages or reinstatement. Requires a business concern which gives such assurance, yet fails to prevent such employment loss, to pay such employee a lump sum in a specified amount in addition to other required payments. Requires a business concern, for a 52-week period following an employment loss, to make payments: (1) to the employee in a weekly income maintenance payment equal to 85 percent of such employees's wage rate or 100 percent of such rate while such employee participates in specified training programs; and (2) to specified employment benefit plans for such employees. Sets forth conditions under which such payments may be reduced or limited. Stipulates that such payments are not to be deemed wages for all other purposes, including specified employee benefit plans. Requires such business concerns to pay moving expenses for employees who resume employment with the same business concerns within three years. Requires such business concerns to continue weekly income maintenance payments to employees between 53 and 61 years of age when the 52 week payment period expires. Directs the Secretary to reimburse such business concerns for such continued payments. Directs the Secretary to make transitional assistance payments to employees upon their request whenever a business concern fails to make such payments. Provides that the amount of such payments shall then be owed, with interest, to the United States by such business concern. Makes a business concern which transfers ownership or control of an establishment to avoid liability for transitional assistance payments liable to the United States for a specified amount if the owning or controlling business concern fails to provide such assistance. Requires such business concerns to offer employees, who suffer an employment loss, any available employment, with equivalent wages and benefits, at any establishment of such business concerns for a three-year period after such employment loss. Sets forth such former employees' rights to credits and benefits in employee benefit plans and such business concerns' liability for payments to such plans. Stipulates that specified violations shall be deemed violations of the Employee Retirement Income Security Act of 1974, for which civil actions may be brought. Directs the Secretary, in consultation with specified groups, to implement a comprehensive assistance program (including existing or new programs of job training, job placement, and payments for job search and moving expenses) for employees who suffer or may suffer employment loss. Authorizes the Secretary to develop and implement retraining programs and to condition specified assistance to business concerns upon their implementation or assistance with such programs. Directs the Secretary to issue certificates of Federal procurement credit to business concerns which comply with this Act for appropriate periods if the Secretary finds that such assistance would provide additional employment opportunities through the cooperating concerns. Sets forth conditions of eligibility for assistance of business concerns, local governments, and certain employers or cooperative associations of employees. Authorizes the Secretary to provide specified forms of such assistance, giving priority to those which enable employees to continue at their present establishment. Makes such business concerns liable to local governments which lose revenue because of such changes of operations. Sets forth formulas for determining the amount of such liability. Directs the Secretary to pay such amounts to local governments if a business concern fails to do so (with such amount to be owed, with interest, to the United States by such business concern). Makes business concerns which transfer operations to an establishment outside the United States, when an economically viable alternative to such transfer exists, liable to the United States for lost revenues according to specified formulas. Sets forth criminal and civil violations and penalties. Enumerates violations of employees' rights and remedies for such violators. Directs the Secretary to: (1) recover overpayments for specified Federal assistance to employees obtained through a knowing deception; (2) maintain specified operating reserves; and (3) record mortgage security on specified loans. Provides procedures for Congressional disapproval of rules promulgated by the Secretary to carry out this Act. Directs the Secretary to make specified reports and legislative proposals to the Congress. Sets forth general powers of the Secretary in carrying out this Act. Directs the Secretary to implement this Act through the National Employment Priorities Administration. Authorizes the Secretary to delegate any function, power, or duty under this Act to the Administrator of the National Employment Priorities Administration. Establishes the National Employment Priorities Administration in the Department of Labor to: (1) perform such delegated functions, powers, and duties; (2) conduct research on the relationship between unemployment and changes of business operations; and (3) identify services and products which may profitably be provided by business concerns receiving specified assistance. Establishes the National Employment Priorities Advisory Council to: (1) advise and assist the Secretary in carrying out this Act; (2) evaluate programs under this Act; (3) study and report on those areas of future economic activity in which the United States will be at a competitive disadvantage and on industries in which many businesses may change operations; and (4) research and propose new assistance programs for employees, local governments, and business concerns. Authorizes appropriations to carry out this Act.
United States · United States Congress · 30 July 1979
Federal Election Campaign Act Amendments of 1979 - Title I: Amendments to Federal Election Campaign Act of 1971 - Amends the Federal Election Campaign Act of 1971 to revise the definitional section. Changes the organizational structure of the political committees by eliminating the requirement that every committee have a chairman. Vests in the treasurer of each committee exclusive authority to authorize disbursements. Extends to ten days the time during which any person who receives a contribution for a political committee must forward to the treasurer of such committee certain information regarding the contribution. Revises the recordkeeping procedures to be followed by the treasurer with respect to contributions received by or on behalf of a political committee. Requires each candidate for Federal office (other than the office of Vice President) to authorize his or her principal campaign committee, together with any other political committees, to receive all contributions and make all expenditures on such candidate's behalf. Stipulates that no political committee which supports or has supported more than one candidate may be designated as an authorized committee. Requires that each designation, report, or statement of receipts received or disbursements made by an authorized committee be filed with the candidate's principal campaign committee. Directs each principal campaign committee to compile and file such reports in accordance with procedures set forth in this title. Requires each authorized campaign committee to file a statement of organization no later than ten days after designation. Requires all other committees to file such statement no later than ten days after becoming a political committee. Revises the content of the organization statement. Stipulates that a political committee may terminate only upon the filing of a written statement stating that it will no longer receive or disburse funds, and that such committee has no outstanding debts. Revises the section of the Act relating to the reporting of receipts and expenditures to require that each treasurer of a political committee file reports of receipts and disbursements with the Federal Elections Commission. Eliminates the requirement that each candidate must file such reports with the Commission. Revises the procedures for reporting data on receipts and expenditures by principal campaign committees, other political committees, and individuals. Amends Title III of the Act to strike out the sections dealing with: (1) regulation of campaign advertising; (2) preservation of financial reports; (3) reporting of pledges; (4) reports to the President; (5) use of the frank; and (6) penalties for violation of the Act. Requires any individual who at the time of his or her appointment to the Federal Election Commission is engaged in any other business, vocation, or employment to terminate or liquidate such activity no later than 90 days (previously one year) after such appointment. Prohibits any member of the Commission from delegating to any person his or her vote or any decisionmaking authority or duty vested in the Commission. Revises the procedures for the issuance of advisory opinions by the Commission. Sets forth revised enforcement procedures. Sets forth revised requirements relating to the filing of campaign expenditure and disbursement statements with State officers. Limits the amount of honorariums a person may accept while such person is an elected or appointed officer or employee of any branch of the Federal Government. Requires any communications expressly advocating the election or defeat of a candidate for Federal office, or soliciting any contributions for such candidate, to clearly state who financed the communication and that it was authorized by the political committee of such candidate. Prohibits any individual who sells space in a newspaper or magazine to a candidate from charging any amount for such space that exceeds the amount charged for comparable use of such space for other purposes. Sets forth amendments and technical changes to specified Federal laws. Increases to $3,000,000 (presently, $2,000,000) the aggregate amount of payments to which a national committee of a major party is entitled with respect to any presidential nominating convention.
United States · United States Congress · 27 July 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 10 July 1979
Declares it the sense of Congress that the Postmaster General and the Citizens Stamp Advisory Committee should give favorable consideration to the issuance of a commemorative postage stamp in honor of Americans of Italian descent and the 250th anniversary of the birth of Philip Mazzei on December 25, 1980, or as soon as possible thereafter. States that the Postmaster General and the Committee should honor other foreign-born contributors to the revolutionary cause, from countries which have not yet been commemorated, prior to the conclusion of the American Bicentennial celebration in 1983.
United States · United States Congress · 21 June 1979
Defense Production Act Amendments of 1979 - Amends the Defense Production Act of 1950 to authorize the President to allow the Department of Energy and the Tennessee Valley Authority to guarantee loans for the purpose of expediting deliveries or services with respect to national defense contracts. Increases the maximum loan which any Federal agency may guarantee under such Act without the approval of Congress from $20,000,000 to $38,000,000. Requires notification to specified Congressional committees of any proposed obligation above such limit. Authorizes the agency involved to guarantee such a loan if neither House of Congress disapproves of such action within a specified time. Authorizes the President to provide loans to private business enterprises for the production of energy. Increases the ceiling for loans made to private enterprises pursuant to such Act from $25,000,000 to 48,000,000. Extends the President's power under such Act to purchase raw materials for the national defense through fiscal year 1995. Directs the President to attempt to achieve a national production goal of at least 500,000 barrels per day crude oil equivalent of synthetic fuels and synthetic chemical feedstocks within five years. Authorizes and directs the President to require fuel and chemical feedstock suppliers to provide synthetic fuels and synthetic chemical feedstocks in any case where the President deems it practicable and necessary to meet national defense needs. Authorizes the President, in carrying out these objectives, to: (1) contract for purchases or commitments to purchase synthetic fuels and synthetic chemical feedstocks which may be for Government use or resale; and (2) encourage the development and production of such synthetic fuels and feedstocks for national defense preparedness. Terminates the President's authority to enter into such contracts at the end of fiscal year 1995. Sets forth procedures for the awarding and performance of such contracts. Authorizes the President to organize corporations to meet the production goal for synthetic fuels and feedstocks as set forth in this Act. Sets forth Congressional oversight measures with respect to the formation of such corporations. Authorizes appropriations of $2,000,000,000 for synthetic fuel and feedstock contracts as authorized pursuant to this Act. Extends specified provisions of such Act through fiscal year 1980.
United States · United States Congress · 15 June 1979
National Energy Self-Sufficiency Act of 1979 - Title I: Duty on Imported Crude Oil - Imposes on imported crude oil an additional duty equal to the amount by which the average synthetic fossil fuel price is greater than the imported crude oil price. Directs the Secretary of the Treasury, in consultation with the Secretary of Energy, to establish methods for the determination of such prices. Provides for the monthly redetermination of such prices. Title II: Synthetic Fossil Fuel Fund - Establishes the Synthetic Fossil Fuel Fund in the U.S. Treasury. Stipulates that such Fund shall consist of the equivalent of amounts received from the duty imposed under title I, in addition to such other amounts as may be appropriated. Directs the Secretary to report annually to Congress concerning such Fund. Requires the Secretary to invest the portion of such Fund, not required to meet current withdrawals, in interest-bearing obligations of the United States. Declares that such Fund shall be available for making loans for synthetic fossil fuel production. Establishes the Synthetic Fossil Fuel Board to make loans for the construction of synthetic fuel production facilities. Sets forth the criteria to be used by the Board in making such loans.
United States · United States Congress · 14 June 1979
Directs the Postmaster General to issue a special postage stamp in honor of Filippo Mazzei, and in tribute to the millions of Americans of Italian descent who have played an important role in American history.
United States · United States Congress · 5 June 1979
Congratulates the men and women of the Apollo program upon the tenth anniversary of the first manned landing on the Moon and requests the President to designate the period of July 16 through July 24, 1979, as "United States Space Observance" in honor of such event.
United States · United States Congress · 16 May 1979
Amends the Federal Water Pollution Control Act to grant an additional allotment of funds for the construction of publicly owned waste treatment works to any State which has obligated 90 percent or more of the funds previously allotted to it for such purpose by March 31 of any fiscal year. Makes such additional funds available for the fiscal year for which such funds were authorized, and for the succeeding 12 months. Provides that any funds unobligated at the end of such period be allotted equally among the other States. Makes adjustments in the amount of additional funds allocated for a State where funds previously authorized proved inadequate. Authorizes appropriations for such additional funds. Sets the amount of funds authorized to be reserved each fiscal year to two percent of the amount authorized to be appropriated for allotments to States under this program. Makes funds allotted to the States for fiscal year 1978 available for the next succeeding 24 months. Provides for the reallotment of funds not obligated at the end of such period to all States except those which failed to obligate any of the funds being reallotted. Stipulates that such reallotted funds be in addition to those otherwise allotted to such State for grants under this program.
United States · United States Congress · 15 May 1979
Infant Nutrition Act of 1979 - Prohibits the sale, distribution, or export of infant formula to any developing country on a list to be published by the Federal Trade Commission (FTC), unless pursuant to an export license. Sets forth the application procedure for such licenses and the conditions which must be met before such applications will be approved. Authorizes the Secretary of Commerce to issue and renew such licenses after notification by the FTC of its approval. Provides for revocation of such license if the Secretary is notified that the sale of infant formula would contribute to morbidity or mortality in early infancy. Requires licensees to report the quantities of infant formula sold under the license to the Secretary. Prohibits the sale, distribution, or export of infant formula to any developing country unless the formula containers contain specified instructions and information. Makes it unlawful for U.S. persons to promote, directly or indirectly, the sale of infant formula in any developing country. Sets forth penalties for violations of this Act.
United States · United States Congress · 8 May 1979
Amends the Internal Revenue Code to provide that the credit against Federal unemployment tax liability available to an employer shall not be reduced due to advances made to the unemployment account of a State under title XII (Advances to State Unemployment Funds) of the Social Security Act, if such State: (1) repays during the one-year period ending on November 9 of the taxable year the advances made to its unemployment account and such repayments are not less than the sum of the State's potential additional taxes for the taxable year, plus any advances made to such State during the one-year period; and (2) maintains sufficient amounts in its unemployment funds to pay all compensation during the six-month period beginning on November 1 of the taxable year without receiving any advances under title XII of the Social Security Act. Empowers the Secretary of Labor to require a State to furnish any information necessary to determine if such State has made proper repayments.
United States · United States Congress · 4 May 1979
Military Construction Authorization Act, 1980 - Title I: Army - Authorizes the Secretary of the Army to establish or develop military installations and facilities at specified locations. Authorizes appropriations in specified amounts for each of these locations. Authorizes the Secretary to establish or develop other installations by proceeding with construction made necessary by unforeseen security considerations, new weapons development, new and unforeseen research and development requirements, improved production schedules or revisions in the tasks or functions assigned to a military installation or for environmental considerations if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with the national security. Authorizes appropriations for such emergency construction. Title II: Navy - Authorizes the Secretary of the Navy to establish or develop military installations and facilities at specified locations. Authorizes appropriations in specified amounts for each such location. Authorizes the Secretary to establish or develop other installations where necessary under the same conditions as those relating to the Secretary of the Army under Title I of this Act. Authorizes the Secretary to expend excess foreign exchange funds of $580,000 for the construction of a multipurpose marine biological laboratory at the Al Ghardaqa Marine Laboratory, Hurgada, Arab Republic of Egypt. Title III: Air Force - Authorizes the Secretary of the Air Force to establish or develop military installations and facilities at specified locations. Authorizes appropriations in specified amounts for each such location. Authorizes the Secretary to establish or develop additional facilities where necessitated by those factors enumerated in Title I of this Act pertaining to the Secretary of the Army. Amends the Military Construction Authorization Acts of 1979 and 1977, to decrease the authorization of appropriations for Air Force acquisition and construction projects at various locations in Europe. Decreases the authorization of appropriations for nuclear weapons security in various locations outside the United States contained in the 1977 Act. Title IV: Defense Agencies - Authorizes the Secretary of Defense to establish or develop military installations at specified locations and authorizes appropriations in specified amounts for each such location. Authorizes the Secretary to establish or develop additional facilities which are determined to be vital to the security of the United States. Authorizes appropriations for such purpose. Amends the Military Construction Authorization of 1978 to increase the authorization of appropriations for the High Energy Laser Facility at White Sands, New Mexico. Amends the Military Construction Authorization Act, 1979, to increase the authorization of appropriations for the United States' share of NATO programs for the acquisition or construction of military facilities. Title V: Military Family Housing and Homeowners Assistance Program - Authorizes the Secretary of Defense to acquire or construct 200 military housing units at Fort MacArthur, California. Authorizes appropriations for such purpose. Increases the maximum average rental expenditure for military housing within the United States or abroad. Increases the total number of military family housing units which may be leased in foreign countries at any one time. Authorizes specified appropriations for military housing as authorized by law including homeowners assistance pursuant to the Demonstration Cities and Metropolitan Development Act of 1966. Title VI: Authorization of Appropriations and Administrative Provisions - Authorizes the Secretaries of the various military departments to develop installations under this Act without regard to provisions of law which prohibit the advancement of public moneys and which require the submission of detailed cost estimates to Congress. Establishes expenditure ceilings for each title of this Act. Authorizes limited increases in the amounts authorized pursuant to this Act if the Secretary of the military department or the Director of the defense agency concerned determines that such an increase is required for the sole purpose of meeting unusual and unanticipated variations in cost. Directs the Secretary of Defense to encourage the use of solar energy for projects authorized by this Act and authorizes the Secretary to increase the cost limitations or floor area limitations for a project in order to equip it with solar energy heating or cooling equipment. Establishes measures and responsibility for supervising the construction work authorized under this Act. Repeals prior Military Construction Authorization Acts. Specifies exceptions to such repealer. Sets forth unit cost limitations based on square footage for projects authorized pursuant to this Act. Title VII: Guard and Reserve Forces Facilities - Authorizes the Secretary of Defense to establish or develop additional facilities for the Guard and Reserve Forces of various military departments. Authorizes appropriations in specified amounts for each such entity. Authorizes the Secretary of Defense to make contributions to any State or Territory, Puerto Rico, or the District of Columbia in order to improve Reserve Forces facilities. Increases the maximum Federal contribution for Guard and Reserve Forces facilities which may be made without prior notification to Congress. Title VIII: General Provisions - Stipulates that a minor construction project (less than $300,000) which has been identified in the annual military construction program submitted to Congress shall not need the approval of the Secretary of Defense or the Secretary of the military department concerned. Authorizes the Secretaries of each military department to utilize geothermal energy resources or private property for the benefit of the Department of Defense. Requires the Secretary of Defense to utilize solar energy systems in military family housing whenever the benefit/cost ratio of such a system exceeds .80. Authorizes the Secretary of Defense to pay to the owners of land on Roi-Namur Island, Marshall Islands District of the Trust Territories of the Pacific Islands, such amounts as are determined to be in the public interest for the use of such island by the United States Government after 1960. Authorizes the Secretary of the Navy to acquire a specific tract of land in the Balboa Park in San Diego, California, for the construction of a new Navy hospital or medical center. Authorizes the Secretary to convey to the city in exchange for such land all or part of the Naval Regional Medical Center, San Diego. Authorizes the Secretary to convey a specified tract of land located in the Marine Corps Air Station (Helicopter), Tustin, California, to the Irvine Company in exchange for lands of equivalent value. Authorizes the Secretary of the Army to convey, without monetary consideration, a specified tract of land to the Alabama Space Science Exhibit Commission for use as a permanent site for the Alabama Space Science Exhibit. Authorizes the Secretary of the Air Force to acquire all interest in a hazardous cargo handling area to be constructed by the Charleston County Aviation Authority at the Charleston County Airport, South Carolina. Authorizes the Secretary to convey real property to the Authority of equivalent value in exchange for such acquisition. Amends the Military Construction Act, 1966, to prohibit the disposal of Bolling Air Force Base, Maryland, until October 1, 1984. Prohibits the closure or realignment of the Army Training Command at Fort Dix, New Jersey, until the Secretary of the Army complies with the requirements of the National Environmental Policy Act of 1969.
United States · United States Congress · 2 May 1979
Directs the Postmaster General to issue four commemorative postage stamps to honor leaders of the American labor movement. Stipulates that one such stamp shall honor Walter Philip Reuther and each of the three remaining stamps shall honor another labor leader as designated by the Postmaster General.
United States · United States Congress · 26 April 1979
Authorizes the Chief of the Capitol Police to require that tour groups and other individuals enter the Capitol Building in certain numbers and at certain intervals to eliminate danger to individuals or property and to permit the orderly movement of pedestrian traffic.
United States · United States Congress · 10 April 1979
Food Security Act of 1979 - Declares it to be the policy of the United States to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President to establish a reserve stock of wheat of up to 4,000,000 metric tons. Authorizes the President to release such stocks on a donation or concessional sale basis to provide emergency food assistance to developing countries at any time that the domestic supply of wheat in the United States is so limited that quantities cannot be made available except for urgent humanitarian purposes. Exempts such reserve stock from limitations which may be imposed pursuant to the Agricultural Trade Development and Assistance Act of 1954 and the Export Administration Act of 1969.
United States · United States Congress · 10 April 1979
Food Security Act of 1979 - Declares it to be the policy of the United States to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President to establish a reserve stock of wheat of up to 4,000,000 metric tons. Authorizes the President to release such stocks on a donation or concessional sale basis to provide emergency food assistance to developing countries at any time that the domestic supply of wheat in the United States is so limited that quantities cannot be made available except for urgent humanitarian purposes. Exempts such reserve stock from limitations which may be imposed pursuant to the Agricultural Trade Development and Assistance Act of 1954 and the Export Administration Act of 1969.
United States · United States Congress · 10 April 1979
Soft Drink Interbrand Competition Act - Declares that exclusive territorial arrangements made as a part of a licensing agreement for the manufacture, distribution, or sale of a trademarked soft drink product are lawful under the antitrust laws provided such product is in substantial and effective competition with other products of the same general class. Prohibits recovery in private actions under the Clayton Act based on territorial provisions in a trademark licensing agreement prior to a final determination that such provisions are unlawful.
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 · 3 April 1979
Amends the Federal Civil Defense Act of 1950 to authorize additional appropriations for fiscal year 1979 and to authorize appropriations for fiscal year 1980 to carry out the provisions of such Act.
United States · United States Congress · 2 April 1979
Makes supplemental appropriations for fiscal year 1979 of an additional $2,816,502 to the Secretary of Agriculture to carry out title III (Federal and State Cooperation) of the Federal Meat Inspection Act.
United States · United States Congress · 26 March 1979
Amends the Internal Revenue Code to provide that the credit against Federal unemployment tax liability available to an employer shall not be reduced due to advances made to the unemployment account of a State under Title XII (Advances to State Unemployment Funds) of the Social Security Act, if such State: (1) repays the advances and such repayments are equal to or greater than the total amount of additional tax which employers, subject to the unemployment compensation laws of such State, would pay if subject to a credit reduction; and (2) maintains sufficient amounts in its unemployment funds to pay all compensation during the six month period beginning on November 1 of the taxable year without receiving any advances under Title XII of the Social Security Act.
United States · United States Congress · 22 March 1979
Urban Grant University Act of 1979 - Amends the Higher Education Act of 1965 to authorize the Commissioner of Education to make grants to urban universities (as defined by this Act) to assist them in carrying out urban-oriented projects. Sets forth grant application guidelines, including a requirement that no project grant may exceed 90 percent of such project's total cost. Stipulates that any institution receiving assistance under this Act shall be designated as an "urban grant university." Requires the Commissioner to publish annually a list of such urban grant universities. Limits the annual amount of such assistance to institutions in any one State to 15 percent of the total amount paid.
United States · United States Congress · 8 March 1979
Independent Local Newspaper Act of 1979 - Amends the Internal Revenue Code to provide for the establishment of independent local newspaper advance estate tax trusts to facilitate payment of the estate tax imposed upon the estate of a decedent who owned an interest in an independent local newspaper. Sets forth requirements for the establishment of such trusts, including requirements that such trusts: (1) be created pursuant to a plan adopted by the newspaper; (2) be governed by a written instrument which requires that contributions to and income of the trust be invested solely in obligations of the United States; (3) name as trustee a bank or another individual who is capable of administering such trust in compliance with the requirements of this Act; (4) maintain trust assets separately from other property; (5) accept contributions exclusively from independent local newspapers; (6) devote assets of the trust solely to the payment of the estate tax; and (7) distribute any excess funding of the trust to its beneficiaries or their estates. Limits an individual who owns interests in several independent local newspapers to participation in not more than one estate tax payment trust. Defines an "independent local newspaper" as a newspaper publication which is not a member of a chain and which maintains all its offices in a single city, community or metropolitan area, or, on January 1, 1979, within one State. Defines "excess funding" as the excess of the face value of the assets of a qualified trust over; (1) 70 percent of the value of a decedent's interest in an independent local newspaper which is includable in his gross estate; or (2) a decedent's estate tax which is attributable to his interest in an independent local newspaper included in his gross estate. Exempts independent local newspaper advance estate tax trusts and the individuals for whom such trusts are established from income taxation with respect to income earned by such trust. Terminates such tax-exempt status if the taxpayer's interest in the newspaper is sold, the newspaper itself is sold or ceases to qualify as an independent newspaper, or there is an excess funding of the trust. Provides that the amount of any excess funding shall be distributed to the individual for whom the trust was created and included in his gross income or gross estate. Allows an income tax deduction to local independent newspapers for contributions made to estate tax payment trusts. Limits the amount of such deduction to 50 percent of the taxable income derived from such newspaper for the taxable year. Requires the redetermination of the estate tax of an individual for whom an independent local newspaper advance estate tax trust is established and the inclusion in the gross estate of such individual an amount equal to the estate tax payment made by such trust which is attributable to the individual's interest in the newspaper, if the trust or any heir of the individual sells, within 15 years of the death of such individual, any part of the interest in the newspaper with respect to which the trust was created. Provides for the gradual phaseout of any additional estate tax which is imposed due to the premature sale of a newspaper, if the sale does not occur prior to the ten to 15 year period following the death of the individual for whom the estate tax trust is established. Permits the shareholders of an independent local newspaper who receive the stock of a corporation which the newspaper controls to exclude from their gross income any gain realized as a result of such distribution if: (1) the shareholders do not sell such stock within five years after the date of its distribution; (2) the shareholders retain control of the newspaper for five years after the date of the distribution; and (3) the newspaper and the controlled corporation each continue to be engaged in the active conduct of a trade or business through the five year period beginning on the date of the distribution. Excludes from the gross estate of a decedent the value of any interest in an independent local newspaper which he holds at the time of his death and any estate tax payment made by an independent local newspaper advance estate tax payment trust. Permits the executor of an estate which includes an interest in an independent local newspaper to pay the estate tax in two or more (but not exceeding ten) equal installments. Limits the maximum amount of estate tax that may be paid in installments to the excess of the amount of estate tax over the tax that would have been imposed if the interest in the newspaper had not been included in the gross estate, reduced by all payments of the estate tax made by an independent local newspaper advance estate tax payment trust.
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 · 1 March 1979
Supplemental Military Construction Authorization Act, 1979 - Authorizes the Secretary of the Army to establish and develop military installations and facilities in the Canal Zone and Germany. Authorizes appropriations for such purpose. Authorizes appropriations for use by the Secretary of the Navy for minor construction projects. Authorizes appropriations for use by the Secretary of the Air Force for military construction projects at Howard Air Force Base in the Canal Zone. Authorizes additional appropriations for use by the Secretary of Defense for military family housing support. Stipulates that new construction authorized by this Act shall be subject to the authorizations and limitations of the Military Construction Authorization Act, 1979.
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 · 15 February 1979
Amends the Internal Revenue Code to allow State legislators an income tax deduction for travel expenses away from home. Limits such deduction to the sum of the amounts determined by multiplying each legislative day of such individual during the taxable year by the amount generally allowable with respect to such day to Federal employees for per diem while away from home but serving in the United States ($35).
United States · United States Congress · 13 February 1979
Military Construction Authorization Act, 1980 - Title I: Empowers the Secretary of the Army to establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment for acquisition and construction inside the United States for: (1) the United States Army Forces Command; (2) the United States Army Training and Doctrine Command; (3) the United States Army Material Development and Readiness Command; (4) ammunition facilities; (5) the United States Army Communications Command; (6) the United States Army Health Services Command; (7) the Military Traffic Management Command; and (8) the United States Military Academy. Empowers the Secretary to establish or develop military installations and facilities by the same methods for acquisition and construction outside the United States for: (1) the Eighth United States Army, Korea; (2) the Kwajalein Missile Range; (3) the United States Army Forces Command; (4) the United States Army, Japan; (5) the United States Army, Europe; and (6) the United States Army Intelligence and Security Command. Authorizes the Secretary to establish or develop installations and facilities, utilizing all of the aforementioned methods, in a manner consistent with the interests of national security as the need arises. Requires the Secretary to notify the Committees on Armed Services of the Senate and House of Representatives immediately upon reaching a final decision to implement any emergency construction. Stipulates that this authorization will expire upon the date of enactment of the Military Construction Authorization Act for fiscal year 1981, except for emergency construction projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified. Authorizes the Secretary to accomplish minor construction projects. Title II: Empowers the Secretary of the Navy to establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment for the acquisition and construction inside the United States for: (1) the Marine Corps; (2) the Chief of Naval Operations; (3) the Commander in Chief, Atlantic Fleet; (4) the Commander in Chief, Pacific Fleet; (5) the Chief of Naval Education and Training; (6) the Bureau of Medicine and Surgery; (7) the Chief of Naval Material; and (8) the Naval Security Group Command. Empowers the Secretary to establish or develop military installations and facilities by the same methods for acquisition and construction outside the United States for: (1) the Marine Corps; (2) the Office of Naval Research; (3) the Commander in Chief, Atlantic Fleet; (4) the Commander in Chief, Pacific Fleet; (5) the Naval Forces Europe; (6) the Chief of Naval Material; (7) the Naval Telecommunications Command; and (8) the Naval Security Group Command. Empowers the Secretary to establish or develop installations and facilities, utilizing all of the aforementioned methods, in a manner consistent with the interests of national security as the need arises. Requires the Secretary to notify the Committees on Armed Services of the Senate and House of Representatives immediately upon reaching a final decision to implement any emergency construction. Stipulates that this authorization will expire upon the date of enactment of the Military Construction Authorization Act for fiscal year 1981, except for emergency construction projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified. Authorizes the Secretary to accomplish minor construction projects. Authorizes the Secretary to expend excess foreign exchange funds for the construction of a multipurpose marine biological laboratory in the Arab Republic of Egypt. Title III: Empowers the Secretary of the Air Force to establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, for acquisition and construction inside the United States for: (1) the Air Force Logistics Command; (2) the Air Force Systems Command; (3) the Air Training Command; (4) the Alaskan Air Command; (5) the Military Airlift Command; (6) the Strategic Air Command; (7) the Tactical Air Command; and (8) the Air National Guard. Empowers the Secretary to establish or develop military installations and facilities by the aforementioned methods for acquisition and construction outside the United States for: (1) the Aerospace Defense Command; (2) the Military Airlift Command; (3) the Pacific Air Forces; (4) the Tactical Air Command; (5) the United States Air Forces in Europe; and (6) the Air Force Systems Command. Empowers the Secretary to establish or develop installations and facilities, utilizing all of the aforementioned methods, in a manner consistent with the interests of national security as the need arises. Requires the Secretary to notify the Committees on Armed Services of the Senate and House of Representatives immediately upon reaching a final decision to implement any emergency construction. Authorizes the Secretary to accomplish minor construction projects. Title IV: Defense Agencies - Empowers the Secretary of Defense to establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, for defense agencies for acquisition or construction inside the United States for: (1) the Defense Logistics Agency; (2) the Defense Mapping Agency; and (3) the Office of the Secretary of Defense. Empowers the Secretary to establish or develop military installations and facilities, utilizing the aforementioned methods, for acquisition or construction outside the United States for: (1) the Defense Logistics Agency; (2) the Defense Mapping Agency; (3) the Office of the Secretary of Defense, Department of Defense Office of Dependents Schools; and (4) the North Atlantic Treaty Organization Infrastructure. Empowers the Secretary to establish or develop installations and facilities, utilizing all of the aforementioned methods, in a manner consistent with the interests of national security as the need arises. Requires the Secretary to notify the Committees on Armed Services of the Senate and House of Representatives immediately upon reaching a final decision to implement any emergency construction. Authorizes the Secretary to accomplish minor construction projects. Authorizes increased funding for a high energy laser facility near White Sands, New Mexico. Title V: Military Family Housing and Homeowners Assistance Program - Authorizes expenditures by the Secretary of Defense for minor construction and support of military housing. Title VI: Authorization of Appropriations and Administrative Provisions - Waives restrictions with regard to the Secretary of each military department's establishment or development of installations and facilities under this Act. Authorizes to be appropriated for fiscal year 1980 such sums as may be necessary for the purposes of this Act, within certain limits. Grants the Secretary of the military department, or the Director of the defense agency concerned, the discretion to increase the amounts allowable within certain limits if: (1) such increase is required for the sole purpose of meeting unusual variations in cost; and (2) the cost could not have been reasonably anticipated at the time such estimate was submitted to the Congress. Requires the Secretary of the military department or the Director of the defense agency concerned to submit a statement of the reasons for any increases which exceed the limits imposed by this Act to the Committees on Armed Services of the Senate and the House of Representatives before such construction or acquisition may proceed. Requires the lapse of 30 days or the approval of both committees before the project at issue may proceed. Requires the submission of a written report to the Committees on Armed Services of the Senate and House of Representatives should any individual project authorized under this Act for specifically listed military installations vary in scope by 25 percent above or below approved costs. Requires the Secretary of Defense to submit an annual report to Congress detailing those projects for which approval was sought to vary the amount authorized by more than 25 percent. Encourages the utilization of solar energy as a source of energy for projects authorized by this Act. Authorizes the Secretary of Defense to increase cost limitations for any project as may be necessary for such a purpose. Stipulates that contracts for construction made by the United States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army; the Naval Facilities Engineering Command, Department of the Navy; or such other department or Government agency as the Secretaries of the military departments recommend and the Secretary of Defense approves to assure the most efficient, expeditious and cost-effective accomplishment of the construction herein authorized. Requires annual reports to the President of the Senate and the Speaker of the House of Representatives by the Secretaries of the military departments, breaking down the dollar value of construction contracts completed by each of the several construction agencies selected. Stipulates that such contracts shall continue to be awarded in accordance with presently established procedures if the national security is not impaired. Repeals all authorizations for military public works that are contained within specific titles of the Military Construction Authorization Act, 1979, and all such authorizations contained in Acts approved before September 8, 1978, and not superseded or otherwise modified by a later authorization, with certain exceptions. Limits the authority contained in this Act to building construction projects not in excess of a unit cost to be determined in proportion to the appropriate area construction cost index, unless the Secretary of Defense determines that special circumstances render such limitation impracticable. Title VII: Guard and Reserve Forces Facilities - Empowers the Secretary of Defense to establish or develop additional facilities for the Guard and Reserve Forces, including the acquisition of land therefor, but limits the cost of such facilities for each component of the armed forces reserves. Waives certain restrictions concerning the ability of the Secretary of Defense to establish or develop installations and facilities under this title. Title VIII: General Provisions - Makes technical and conforming changes in existing laws. Authorizes the Secretary of Defense to pay to the land owners of Roi-Namur Island, Marshall Islands District of the Trust Territories of the Pacific Islands, such an amount as the Secretary determines to be in the public interest of the use after 1960 of Roi-Namur Island by the Government of the United States.
United States · United States Congress · 13 February 1979
Supplemental Military Construction Authorization Act, 1979 - Authorizes the Secretary of the Army to establish and develop military installations and facilities in the Canal Zone and Germany. Authorizes appropriations for such purpose. Authorizes appropriations for use by the Secretary of the Navy for minor construction projects. Authorizes appropriations for use by the Secretary of the Air Force for military construction projects at Howard Air Force Base in the Canal Zone and in various European locations. Authorizes additional appropriations for use by the Secretary of Defense for military family housing support. Stipulates that new construction authorized by this Act shall be subject to the authorizations and limitations of the Military Construction Authorization Act, 1979.
United States · United States Congress · 5 February 1979
Constitutional Amendment - States that the Constitution shall not be construed to require a school system which assigns pupils on the basis of neighborhood attendance areas to assign pupils in any other manner. Grants Congress the power to enforce this amendment by appropriate legislation.
United States · United States Congress · 1 February 1979
Administrative Rulemaking Reform Act - Requires a Federal agency preparing to hold a rulemaking session to make a reasonable effort to inform those likely to be affected by the proposed rulemaking. Requires that if the affected group is large, representatives of such group must be notified. Requires, in addition to present requirements, that the notice of rulemaking include the projected effective date of the rules, the purpose of the rulemaking, the text of the proposed rules, and the technical or other studies on which the agency intends to rely in the rulemaking proceedings. Applies the requirements of this Act to all rulemaking sessions except: (1) those specifically authorized to be kept secret in the interest of national security, and (2) those relating to agency management. Requires public notice and public opportunity for comment on all rulemaking proceedings under this Act unless the agency finds that the rules to be proposed are emergency rules or are of routine or insignificant impact in which case the rule must be published with reasons for its adoption. Requires Federal agencies to give interested persons at least 45 days to participate in the rulemaking. Requires the agency to maintain a file of each proceeding to be made available to the courts, Congress, and to the public in connection with review of the rule. Limits the period for public comment to a maximum of 90 days. Requires a copy of all proposed rules to be sent to Congress. States that such rule, other than an emergency rule, shall not become effective if it is disapproved within 90 days by both Houses of Congress, or it is disapproved within 60 days by one House and no action is taken on the disapproval resolution by the other House. Provides that either House of Congress may, by resolution, require any agency to reconsider and resubmit any rule to which this Act applies. Requires that such proposed rule be repromulgated anew in accordance with all the provisions of this Act unless it is reconsidered and resubmitted to Congress within 180 days after the adoption of the resolution requiring such reconsideration. Requires the Administrative Conference of the United States to study Congressional review of agency rulemaking under this Act and report the effect of such review on such rulemaking before July 1, 1984. Authorizes to be appropriated $200,000 to finance such study. Makes this Act effective 90 days after enactment. Terminates the Congressional review required by this Act at the adjournment of the Ninety-eight Congress.
United States · United States Congress · 24 January 1979
Tuition Advance Fund Act - Amends the Higher Education Act of 1965 and the Internal Revenue Code of 1954 to establish a system of undergraduate tuition advances to be repaid as an income tax. Establishes a trust fund in the United States Treasury for such tuition advance program.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to exempt taxpayers from the payment of interest or a penalty on tax deficiencies attributable to erroneous advice obtained in writing from an Internal Revenue Service Officer or employee acting in an official capacity.
![Official portrait of Rep. Nedzi, Lucien N. [D-MI-14]](https://www.congress.gov/img/member/n000019_200.jpg)