United States · United States Congress · 16 October 1979
Expresses the sense of Congress that: (1) the American Federation of Grain Millers should be permitted to intervene in the administrative proceeding brought by the Federal Trade Commission (FTC) against the Kellogg Company, General Mills, Incorporated, and General Foods Corporation; and (2) the proceeding should be suspended until such intervention is permitted, the FTC discloses specified information, and the FTC provides for an economic impact analysis of proposed remedies in such proceeding.
United States · United States Congress · 12 October 1979
Product Liability Risk Retention Act of 1979 - Title I: Risk Retention Groups - Directs the Secretary of Commerce to promulgate standards for the approval of risk retention groups. Defines such groups as entities formed to assume or spread the liability of two or more persons arising from products liability claims or defective construction claims. Enumerates standards which the Secretary may consider in approving any such group including the amount and liquidity of its assets, soundness of its reserves, adequacy of its insurance coverage, and its overall plan of operations. Sets forth factors to be included in a group's application for approval. Authorizes the Secretary to conduct audits of the applicant. Sets forth limitations on the risk coverage afforded to any one person in the group. Authorizes the Secretary to make approval conditional as necessary. Requires any refusal of approval to specify the factual conclusions and legal authority upon which it is based. Authorizes the Secretary to require a group to set a maximum amount of risk which it will accept. Requires such a group's participants to obtain insurance for losses in excess of such maximum limitations. Establishes requirements for the terms of such insurance coverage. Prohibits a group from assuming liability for any person other than its members or its members' affiliates. Permits a group to assume liability which arises from an agreement of hold harmless or indemnity between a member and its supplier, purchaser, or consignee. Requires all or a portion of an individual's product liability or completed operations risk exposure to be assumed by the group. Sets forth requirements concerning the return of a withdrawing member's capital contribution. Prohibits such groups from acquiring reinsurance from its members or affiliates. Prohibits a group from making non-pro-rata assessments or retroactive adjustments based on the loss experience of a member. Directs the Secretary to require each group to maintain reserves which it shall hold as a fiduciary for the benefit of claimants against its members. Prohibits a group from having any interest in the securities or debts of its members or their affiliates. Requires each group to submit annual reports to the Secretary. Declares that this Act shall preempt any State law relating to the formation, operation, or provision of insurance-services to risk retention groups. Stipulates that this Act shall not effect the authority of a State to tax risk retention groups. Applies Federal antitrust laws to such groups. Exempts the ownership interests of such groups from the securities laws. Limits the use of information obtained pursuant to this Act. Permits the Secretary to require data concerning the product liability claims experience of such groups. Authorizes the Secretary to audit each group and to require each group to engage an independent accountant to examine its books, records, and financial statements. Requires each group to pay an application fee and annual fees to cover supervisory expenses of the Secretary. Authorizes the Secretary to revoke the certificate of approval of a risk retention group. Enumerates the circumstances in which such authority may be exercised. Requires that all hearings to revoke a group's certificate of approval be held in the District of Columbia. Exempts such hearings from requirements of law relating to agency adjudications. Empowers the United States District Court for the District of Columbia to hear appeals from orders of the Secretary issued pursuant to this Act. Requires the proceeds from a group's reinsurance policies to be paid to the group's receiver or other appropriate judicial officer if the group is adjudged insolvent. Title II: Group Purchase of Product Liability and Completed Operations Insurance - Exempts any group seeking to purchase liability insurance, its members, or any person who provides such insurance from any State law which restricts group insurance or would prohibit or discriminate against the application of this Act. Title III: Miscellaneous Provisions - Declares that this Act shall not be deemed to affect State tort law. Directs the Secretary to issue rules and regulations and to take all other actions necessary or appropriate to implement this Act.
United States · United States Congress · 27 September 1979
Biomass Research and Development Authorization Act of 1979 - Title I: Department of Energy Functions - Authorizes appropriations for: (1) the development of intermediate- and small-scale gasification and direct combustion systems based on bioconversion applications using agricultural and forest residues; (2) research and development in gasohol technology using biomass materials; (3) solar application system development providing for the development and implementation of onfarm energy production systems; (4) biomass conversion technology research related to fast throughput pyrolysis systems; (6) basic research in biomass conversion; (7) biomass technology support related to feedstock cultivation; (7) biomass technology support related to feedstock cultivation and harvesting systems, with emphasis on the integration of agriculture and energy programs and policies. Title II: Department of Agriculture Functions - Authorizes appropriations for: (1) market development and training related to commercialization of near-term bioenergy applications; and (2) the development and implementation of a forest waste and residue supply infrastructure, including the establishment of energy markets for residues resulting from conventional forest harvests and stand treatment operations and the development and demonstration of low-cost harvesting equipment capable of removing biomass from a variety of forest regions.
United States · United States Congress · 26 September 1979
Amends the Internal Revenue Code to provide that the standard mileage rate used in computing the charitable deduction for expenses incurred in the operation of a motor vehicle shall be the same as the standard mileage rate established by the Secretary of the Treasury for the business related deduction.
United States · United States Congress · 25 September 1979
National Center of Afro-American History and Culture Act - Establishes the National Afro-American History and Culture Commission which shall: (1) be responsible for the development of a definitive plan for the construction and operation of the National Center for Afro-American History and Culture; and (2) solicit subscriptions of funds from private sources to help meet costs of the construction, furnishing, and operation of the center, including the costs of acquiring works of art and artifacts. Allows the Commission to: (1) acquire by gift, purchase with appropriated or donated funds, transfer from any Federal or State agency, exchange, or otherwise acquire suitable land and interest in land in the vicinity of Wilberforce, Ohio, for the location of the headquarters of the center; (2) acquire appropriate works of art and any other real or personal property necessary for the establishment and operation of the center; and (3) sell, exchange, or otherwise dispose of any property acquired and designate any proceeds from such disposal for the benefit of the center. Authorizes the Secretary of the Interior to acquire by donation or purchase with donated or appropriated funds the Colonel Charles Young Home and adjacent lands in Wilberforce, Ohio, not to exceed 80 acres, which when acquired shall be known as the Wilberforce National Historic Site.
United States · United States Congress · 25 September 1979
Amends the Internal Revenue Code to impose a separate income tax on the severance pay of unmarried individuals whose employment is terminated by a closing of their place of employment which appears reasonably likely to be permanent and which involves the discharge within a 12 month period of at least 75 percent of the employees. Allows an income tax deduction for severance pay received in a taxable year to the extent that such pay is included in the gross income of the taxpayer.
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
Small Business Judicial Access Act of 1979 - Title I: Revision of Class Damage Procedures - Repeals Federal Rule of Civil Procedure 23 (b)(3) (class actions where common questions of law or fact predominate) and creates two new types of civil actions against persons whose conduct gives rise to private actions for damages under statutes of the United States: (1) a public action vesting a single claim in the United States where (a) at least 200 persons have each sustained injury of less than $300, and (b) the combined damages exceed $60,000; and (2) a class compensatory action where at least 40 persons have each sustained injury greater than $300. Requires in both actions that the injuries or liability arise out of the same transaction or occurrence and that a substantial common question of law or fact exist. Authorizes the court, in a public action against the United States, to make orders limiting the involvement of the Attorney General. Allows a public action to be brought by the United States or private person in the name of the United States. Authorizes the Attorney General, in actions by a private person, to: (1) assume control of the action; (2) permit prosecution by the private person; (3) refer the action to a State attorney general in specified circumstances; or (4) recommend to the court that the action be dismissed. Requires, in a public action brought by a private person where the United States prevails, the defendant to pay the relator taxable costs, reasonable expenses (including attorney fees where allowed by law), and an incentive fee. Specifies calculation of such fee, to a maximum of $10,000, and precludes payment to the relator's attorney. Establishes guidelines for the calculation of attorney fee awards in both actions. Defines, in a public action where liability has been found, the bases of recovery. Allows the court to include in the judgment injunctive or declaratory relief. Establishes in the Administrative Office of the United States Courts a Public Recovery Fund. Specifies procedures for the administration of such fund for allocation of the fund to injured persons who make claims. Requires, in a class compensatory action, that: (1) damages be proven by any legal method; (2) liability and damages be separately determined; and (3) a defendant found liable identify and serve notice upon persons likely to have been injured. Prescribes procedures for judicial management of public and class compensatory actions relating to: (1) discovery; (2) preliminary hearings; (3) notice to other members of the class; (4) transfer and consolidation of actions; (5) the effect of a judgment on other members of the class; (6) settlement; and (7) the examination of requests for attorney's fees. Title II: Appeal of Small Civil Penalties Against Small Business Concerns - Permits any small business concern to appeal a civil penalty levied against it by a Federal agency directly to a United States district court provided such penalty does not exceed $2,500 and is not within the jurisdiction of the United States Tax Court, Customs Court, Court of Military Appeals, or Court of Claims. Directs the district court to refer such appeals to a United States magistrate who may dismiss an appeal for want of jurisdiction, or affirm, rescind, or modify the civil penalty involved. Declares that any determination on the merits of such an appeal by a magistrate shall be a final nonreviewable order. Title III: Office of Advocacy - Directs the Office of Advocacy within the Small Business Administration to assist the Attorney General, a Federal agency, or a State in performing its duties in advancing public actions in order to facilitate collective relief to small business concerns for violations of Federal statutes. Requires the Chief Counsel for Advocacy to submit specified reports to the President and the Congress on the procedures established by this Act.
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
Small Business Capital Formation and Reinvestment Tax Act of 1979 - Amends the Internal Revenue Code to allow a taxpayer not to recognize certain amounts of gain from the sale or exchange of stock in any small business corporation, if during the one year period beginning on the date of such sale or exchange, the taxpayer purchases replacement property (stock in another small business corporation). Provides that the amount of gain that a taxpayer shall recognize shall be limited to the amount by which the sales price of the small business corporation stock exceeds the cost of the replacement property. Requires the reduction of the basis of the replacement property by the amount of gain which is not recognized under the terms of this Act. Provides for a three year statute of limitations on the assessment of gain from the sale or exchange of small business stock, beginning on the date that the Internal Revenue Service is notified of the purchase or intention not to purchase replacement property.
United States · United States Congress · 2 August 1979
Small Business Capital Formation Tax Act of 1979 - Amends the Internal Revenue Code to allow a taxpayer to elect to depreciate the full amount of qualified office and pollution control equipment in the taxable year in which such equipment is placed in service. Provides for the accelerated depreciation of motor vehicles (two year useful life) and investment tax credit property (five year useful life). Places limits on the amounts of the adjusted bases of properties which are eligible for accelerated depreciation under the terms of this Act: (1) $5,000 for qualified office equipment; (2) $25,000 for qualified pollution control equipment; (3) $15,000 for motor vehicles; and (4) $50,000 for investment tax credit property.
United States · United States Congress · 2 August 1979
Sales Representatives Protection Act - Title I: Contracts Between Sales Representatives and Principals - Requires a principal to furnish specified information to a sales representative concerning orders placed through the representative's account and a monthly accounting of commissions due such representative. Enumerates items which must be set forth in any contract between a sales representative and a principal. Title II: Indemnification - Exempts principals conforming with such information requirements from the indemnification provisions set forth in this Act. Requires a principal who, without good cause, terminates a contract between such principal and a sales representative, or reduces the rate of commission for orders solicited on behalf of such principal, to indemnify the representative according to this Act. Requires a principal who reduces the size of the geographic territory assigned to a representative for a specified account, which results in a specified reduction in commissions, to indemnify such representative. Sets forth formulae for the indemnification of such representatives. Title III: Miscellaneous - Allows a plaintiff to bring an action to enforce any rights or liabilities created by this Act in a United States district court. Stipulates the procedure for such action.
United States · United States Congress · 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 · 13 July 1979
Directs the Secretary of Energy to construct and operate national demonstration facilities for the conversion of garbage and other solid waste materials into fuels. Sets forth requirements for the siting and operating of such facilities, and specifies that one such facility shall be located in New Jersey.
United States · United States Congress · 11 July 1979
Anti-Inflation Amendments of 1979 - Amends the Employment Act of 1946 to require the President to include in the annual economic report to Congress, for the purpose of reducing the rate of inflation: (1) a set of price and wage guidelines; and (2) a coordinated set of fiscal, monetary, regulatory, antitrust, investment, productivity, international, and other economic policies. Requires that such guidelines be designed to reduce the amount of price increases or wage settlements by a significant anti-inflation factor. Limits their applicability to businesses and labor organizations of specified size. Specifies the manner in which such guidelines are to be formulated and requires the Council on Wage and Price Stability to assist the Council of Economic Advisors in such formulation. Requires the Joint Economic Committee of Congress to hold special hearings to review the President's proposed guidelines. Establishes procedures for Congressional approval of the guidelines as an effective national standard. Requires businesses to notify the Council on Wage and Price Stability of significant price changes at least 30 days before they become effective. Requires labor organizations to report annually to the Council on the fee structure of its members. Directs the Council to make a report on any price increase, wage settlement, or change in fee structure which exceeds the guidelines. Requires the President to institute and carry out a process of mediation to achieve compliance. Instructs the Council of Economic Advisors and the Council on Wage and Price Stability to jointly report to the appropriate committees of Congress their findings and recommendations on the use of tax incentives and penalties to induce compliance.
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 · 28 June 1979
Smaller Enterprise Regulatory Improvement Act - Amends the Small Business Act to require each Federal agency to publish semiannually an agenda of those rules which may be proposed during the upcoming six-month period affecting a substantial number of small business concerns and small organizations. Defines "small organizations" to include unincorporated businesses, sheltered workshops, nonprofit enterprises which are not dominant in their fields and such other groups and enterprises as each Federal agency shall establish by rule. Requires each published agenda to be transmitted to the Office of Advocacy of the Small Business Administration for comments. Directs each Federal agency to endeavor to provide notice of each agenda to affected small enterprises by means other than publication in the Federal Register. Directs each Federal agency to publish a written analysis prior to the issuance of any rule affecting a substantial number of small business concerns and organizations which considers: (1) the effect of such rule on small enterprises and competition; (2) whether an exemption could be provided such small enterprises; (3) whether lesser compliance standards could be adopted for small enterprises; and (4) the expected nature of reporting and recordkeeping requirements necessitated by such rule. Requires each Federal agency to issue a rule containing an exemption or differing compliance standards for such small business concerns and organizations if it is lawful, desirable, and feasible to do so. States that such small enterprises shall be given an opportunity to participate in agency rulemaking. Requires each agency to review its existing rules and prepare an analysis for purposes of eliminating those rules which are most burdensome to small businesses and organizations. Permits any agency to perform the analyses required by this Act in conjunction with any other analysis required by law. Declares that such other analysis shall not in itself satisfy the requirements of this Act.
United States · United States Congress · 27 June 1979
Capital Cost Recovery Act of 1979 - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Allows a ten percent investment tax credit for buildings and tangible property, and a six percent credit for automobiles, taxis, and light duty trucks. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year.
United States · United States Congress · 26 June 1979
Expresses the sense of Congress that the President should instruct the U.S. delegation to the 1980 Madrid meeting of the Conference on Security and Cooperation in Europe to seek free elections supervised by the United Nations in Lithuania, Latvia, and Estonia, after the withdrawal of all Soviet military and civilian personnel. Expresses the sense of Congress that the President should inform and gain the support and cooperation of other nations in realizing independence for the Baltic States. Expresses the sense of Congress that the: (1) President should warn the Soviet Union against making citizenship claims on U.S. citizens; and (2) Secretary of State should inform U.S. citizens planning to visit the Soviet Union of the implications of the Soviet law on citizenship.
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 · 18 June 1979
Amends the Comprehensive Employment and Training Act (CETA) to direct the Secretary of Labor ("the Secretary"), in cooperation with the Secretaries of Energy and the Interior, to assess and report to Congress on the current and projected adequacy of the supply of manpower for the development and expansion of energy technologies and industries to meet domestic needs. Requires such assessment to include specific findings and recommendations concerning the additional employment and training programs or projects needed to provide the necessary manpower, for 1980 through 1984, to fully develop and utilize all domestic energy sources. Directs the Secretary to recommend to prime sponsors programs necessary to fulfill such manpower needs for each of the five years. Prohibits the approval of any CETA plan for any fiscal year beginning after September 30, 1980, unless it is reasonably responsive to such recommendations.
United States · United States Congress · 12 June 1979
Defense Economic Adjustment Act - Title I: Defense Economic Adjustment Council - Establishes within the Executive Office of the President the Defense Economic Adjustment Council. Establishes an Office of Economic Adjustment to provide necessary staff support for the Council. Sets forth the duties of the Council which include: (1) disseminating information to Federal, State, and local agencies and authorities concerning changes in defense spending affecting employment in defense industries; (2) oversight of programs providing assistance to areas adversely affected by such changes; (3) reviewing local alternative use plans; and (4) preparing and distributing a Conversion Guidelines Handbook. Title II: Alternative Use Committees - Requires the establishment, at every defense facility employing at least 100 persons, of Alternative Use Committees representing management and labor to undertake economic conversion planning and preparation for the employment of the personnel and utilization of the facilities in the event of a reduction or elimination of any defense facility or the curtailment, conclusion, or disapproval of any defense contract. Stipulates that defense contractors which fail to submit an alternative use plan to the Council or which refuse or fail to carry out the provisions of a plan approved by the Council shall lose eligibility for future contracts for a period of three years as well as losing contract termination payments and eligibility for tax credits. Requires Alternative Use Committees to periodically review plans for the conversion of the facility to civilian-oriented production and to send periodic reports to the Council regarding the progress of such plans. Directs the committees to provide occupational retraining and reemployment counseling services for employees who are displaced by the implementation of a conversion plan or the closing of a defense facility. Specifies provisions which are to be included in each alternative use plan. Title III: Economic Adjustment Fund - Establishes within the Treasury a Workers Economic Adjustment Reserve Trust Fund. Requires defense contracts to contain a provision under which the defense contractor is to pay into such fund an amount equal to one and one quarter percent per year of the value of the contractor's gross revenues on sales under such contract. Directs the Secretary of the Treasury to deposit ten percent of the projected savings from defense cutbacks into the fund. Authorizes appropriations in such amounts as may be necessary to such fund to enable the Secretary to make payments and disbursements authorized by this Act. Title IV: Economic Adjustment Assistance for Workers - Entitles workers who are displaced because of defense cutbacks to specified benefits for a two-year period, including: (1) compensation sufficient to maintain the employee's income at a level equal to 90 percent of the first $20,000 per year and 50 percent of the next $5,000 in excess of $20,000 of that worker's regular annual wage; (2) vested pension credit under any applicable pension plan; (3) maintenance of any medical, disability, or life insurance coverage which such an individual had by reason of employment by the defense contractor; and (4) retraining, job search, and relocation expenses. Stipulates that in order to be eligible for benefits under this Act a displaced worker must agree to maintain an active registration with the Secretary of Labor or an appropriate State employment agency and to accept any employment determined by the Secretary or the agency to be of the same skill or work of a similar nature at the same pay as such worker was receiving before being displaced. Stipulates that adjustment benefits under this Act shall not be taken into account in determining an individual's eligibility for unemployment compensation. Stipulates that adjustment benefits shall terminate when a displaced worker obtains employment providing 90 percent of the first $20,000 per year and 50 percent of the next $5,000 in excess of $20,000 of the worker's previous wage or two years after displacement, whichever occurs sooner. Title V: Community Economic Adjustment Planning - Entitles communities which are substantially and seriously affected by the reduction or elimination of military facilities or curtailment or conclusion of defense contracts to Federal assistance for economic adjustment to avoid substantial dislocations and for economic adjustment assistance should such dislocation occur. Directs the Council to develop guidelines by which the criteria for eligibility for planning assistance are to be applied. Authorizes the sale of excess defense capital property or facilities where such a facility is reduced or closed to the affected community at a public benefit discount. Title VI: Industrial Economic Adjustment - Authorizes the Secretary of the Treasury to make or guarantee low-interest, long-term loans to assist contractors in carrying out an approved alternative use plan to convert a plant or facility to civilian purposes. Prohibits making any such loan or loan guarantee if financing for such plan is available from any other source. Title VII: Use of Certain Research Fund - Authorizes the use of Department of Defense research and development funds for work which has a potential relationship to an urgent national requirement in a designated non-defense sector of the economy. Directs the Defense Economic Adjustment Council to define urgent national requirements for non-defense sectors of the economy. Title VIII: Authorization of Appropriations - Authorizes appropriations in such amounts as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 11 June 1979
Research Tax Incentive Act of 1979 - Amends the Internal Revenue Code to allow an additional ten percent investment tax credit for investment in research and experimental property. Denies such credit to taxpayers whose gross receipts were in excess of $250,000,000 for a taxable year, or whose research and experimental expenditures did not exceed 2.5 percent of the gross receipts for a taxable year. Extends the investment tax credit to buildings and structural components used in research and experimentation. Requires the recapture of credit amounts if investment property ceases to be used for research and experimental purposes. Allows the amortization of research and experimental property, based on a period of not less than 60 months.
United States · United States Congress · 11 June 1979
Patent Depreciation Act - Amends the Internal Revenue Code to provide that research and experimental expenditures in connection with a patent may be amortized for any period of not less than 60 months.
United States · United States Congress · 11 June 1979
Declares the sense of the Congress that the President and the Secretary of State should take all necessary steps to bring the Baltic States question before the United Nation and the 1980 Madrid Conference on the Helsinki Agreements to urge both such bodies to request the Soviet Union: (1) to withdraw all non-native troops, agents, colonists, and controls from the Republics of Lithuania, Latvia, and Estonia; and (2) to return all Baltic exiles from Siberia and from prisons and labor camps in the Soviet Union. Requires the Secretary of State to do his utmost to bring the matter of the Baltic States to the attention of all nations by means of special radio programs and publications. Declares that the United States should not agree to the recognition of the Soviet Union's annexation of Lithuania, Latvia, and Estonia. Directs the President to take steps to provide that all maps of Europe show the Republics of Lithuania, Latvia, and Estonia as independent states. Calls for a return of self-determination to the peoples of Lithuania, Latvia, and Estonia through free elections conducted under the auspices of the United Nations.
United States · United States Congress · 6 June 1979
Replacement Motor Fuels Act of 1979 - Directs the Secretary of Energy to establish a program to promote the development and use of replacement fuels in the United States to replace gasoline used as a motor fuel with replacement motor fuel containing the maximum percentage of alcohol, or other liquid produced from coal, oil, shale, or other substances as is economically and technically feasible. Directs the Secretary to determine with respect to replacement fuels: the most suitable raw materials for their production, the nature of the distribution systems and production processes of such fuels, the technical and economic feasibility of including liquids extracted from oil shale and coal in such program, and the technical and economic feasibility of reaching goal of replacing 20 percent of the gasoline used as a motor fuel with replacement fuels by the year 1992. Directs the Secretary to set production goals for replacement fuels for each of calendar years through 1981 through 1987. Sets forth the manner of determining the percentage of replacement fuel by volume to be contained in the total quantity of gasoline and replacement fuel sold annually in commerce in the United States in calendar years 1981 through 1990, and directs the Secretary to issue a rule setting the minimum percentage replacement fuel to be sold for year 1981 through 1986 by any refiner. by any refiner. Sets forth provisions for the enforcement of such requirements. Authorizes the appropriation of up to $1,000,000 for fiscal year 1980 to carry out this Act.
United States · United States Congress · 30 May 1979
Expresses the sense of Congress that the President, at the Tokyo Summit, should request those nations dependent on Middle East stability to cooperate with the United States in financing the Israeli-Egyptian Peace Treaty.
United States · United States Congress · 16 May 1979
Amends the Food Stamp Act of 1977 to entitle households composed entirely of persons who are age 60 or older, or who receive supplemental security income benefits under title XVI of the Social Security Act, to a medical expense deduction in the computation of household income which is equal to the actual cost of medical expenses. Removes the $75 limit on the excess shelter expense deduction for such households.
United States · United States Congress · 14 May 1979
Amends the Currency and Foreign Transactions Reporting Act to authorize customs officers to stop and search without a search warrant any vehicle or person, if there is reasonable cause to suspect that monetary instruments are being transported for which reports are required.
United States · United States Congress · 14 May 1979
Amends the Currency and Foreign Transactions Reporting Act to include anyone attempting to transport or have transported monetary instruments across the borders of the United States among the persons required to file a report under such Act.
United States · United States Congress · 14 May 1979
Amends the Currency and Foreign Transactions Reporting Act to authorize the Secretary of the Treasury to pay informants who report violations of the reporting requirements applicable to exports and imports of monetary instruments.
United States · United States Congress · 8 May 1979
Medicare Amendments of 1979 - Amends title XVIII (Medicare) of the Social Security Act with respect to home health care services to eliminate: (1) the 100 visit limitation presently applicable to such services; (2) prior hospitalization as a condition of eligibility for such services; and (3) the $60 deductible. Directs the Secretary of Health, Education, and Welfare to prescribe regulations which prohibit a physician who has a significant financial relationship with a home health agency from certifying that the services of such agency are required for any individual, and from establishing and reviewing a plan for furnishing such services to such individuals. Requires home health aides to complete a training program approved by the Secretary. Repeals provisions of title XVIII which prohibit the classification, as a home health agency, of a private organization which is not a nonprofit organization unless licensed pursuant to State law. Eliminates the requirement of consecutive months in the 24-month Medicare waiting period for railroad retirement disability beneficiaries, or old-age, survivors and disability insurance beneficiaries who are disabled, to be eligible for Medicare hospital care benefits. Authorizes the President under title XVIII, to enter into agreements establishing reciprocal arrangements between the health insurance program established by such title and the program of any foreign country under which similar services are provided directly to entitled individuals or under which insurance is provided to meet all or part of the expenses of entitled individuals for health services. Requires that any such agreement specify: (1) the nature and extent of payment to be made to or on behalf of individuals entitle to benefits; (2) limitations on the nature and duration of health services and on entitlement of individuals to benefits on a reciprocal basis under an agreement in the United States and in the foreign country;(3) limitations on entitlement of individuals to benefits; and (4) the methods by which the cost of providing health services on a reciprocal basis shall be shared by the United States and the foreign country. Directs the Secretary to make rules and regulations and to establish procedures which are reasonable and necessary to implement and administer any agreement which has been entered into in accordance with this Act. Authorizes the Secretary to enter into interim arrangements with any hospital in a foreign country which is accredited by the Joint Commission on Accreditation of Hospitals, or such other hospitals as the Secretary finds meets specified health and safety standards. Provides Medicare coverage for: (1) all services performed by a dentist which would be covered if performed by a physician; and (2) inpatient hospital services furnished because of the severity of the dental procedure. Authorizes payments under the Medicare program for the cutting or removal of warts on the feet. Allows reimbursement under the Medicare program for services furnished in qualified community mental health centers and comprehensive outpatient rehabilitation centers. Restricts payment for optometrists' services under Medicare to services related to the treatment of aphakia. Directs the Secretary to make recommendations with respect to providing Medicare coverage for the treatment of cataracts and for other services which optometrists may perform. Directs the Secretary to develop and carry out demonstration projects to permit reimbursement under title XVIII for services provided by hospices offering comprehensive health service. Directs the Secretary to study methods for providing Medicare coverage for orthopedic shoes. Authorizes payment under the Medicare program for antigens prepared by a physician. Authorizes the Secretary to make payments of such benefits as are necessary to correct the effect of an unintentional or erroneous transfer of an individual from an approved hospital or skilled nursing facility. Includes rural health facility of 50 beds or less within the definition of the term "hospital, under title XVIII." Makes special provisions with respect to nursing services, health, fire, and safety requirements for such facilities. Recognizes podiatrists as physicians for purposes of physician certification and participation in utilization review, where consistent with State law and policies of the health care institutions involved. Allows a speech pathologist, as well as a physician, to establish the plan of treatment for speech pathology services. States that where services are provided for which payment may be made under the Medicare program to an individual who has died and the persons who provided the services do not agree that the reasonable charge is the full charge for the services, payment shall be made on the basis of an itemized bill. Repeals provisions of the Medicare program concerning the presumed coverage for extended care facilities and home health care in specified circumstances. Repeals the existing provisions under part A (Hospital Insurance) of title XVIII under which payment to a provider of services shall be the lesser of the reasonable cost of such services or the customary charge with respect to such services, and provides that payment to a provider shall now be based upon the reasonable cost of such services. Limits to a maximum of 30 percent the amount by which the premium for voluntary participation in Medicare insurance may be increased due to late enrollment. Repeals the prohibition against enrolling more than twice in the Supplementary Medical Insurance Program (part B of title XVIII). Authorizes Medicare coverage for certain services furnished by: (1) chiropractors; and (2) clinical psychologists to certain hospital inpatients. Directs the Secretary to develop and carry out demonstration projects to determine how to make the services of clinical social workers more generally available under the Medicare program.
United States · United States Congress · 8 May 1979
Title I: Authorizations and Miscellaneous Amendments - Amends the Small Business Act to authorize appropriations for specified programs and expenses of the Small Business Administration. States that all appropriations, whether specifically or generally authorized, shall remain available until expended. Authorizes the Administration to make disaster loans available to small business concerns affected by a shortage of energy-producing resources caused by a strike, boycott, or embargo unless such strike, boycott or embargo is directly against such small business concern. Makes specified low-interest loans available under the Small Business Act until October 1, 1982, for the relief of small business concerns affected by disasters occurring on or after October 1, 1978. Provides loans bearing interest at three percent for amounts not exceeding $55,000, for the repair or replacement of a principal residence or personal property. Makes the following disaster loans available under the Small Business Act and the Consolidated Farm and Rural Development Act: (1) loans bearing interest at three percent on amounts for the repair or replacement of property damaged or destroyed if the applicant is unable to obtain sufficient credit elsewhere; and (2) loans bearing interest at the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus not to exceed one percent if the applicant is able to obtain credit elsewhere. Stipulates that the total amount outstanding and committed to any one borrower shall not exceed $500,000. Amends the Small Business Investment Act of 1958 to repeal the authority of the Administration to invest sums from the revolving fund for surety bond guarantees in Treasury bonds, obligations, and other guaranteed debt securities. Authorizes such investments from the revolving fund for qualified contract guarantees. Title II: Small Business Development Centers - Authorizes the Small Business Administration to make grants to States, State agencies, regional entities, State- chartered development credit corporations, and institutions of higher learning to assist in establishing Small Business Development Centers. Requires such grants to be matched in equal amounts by funds from non-Federal sources. Establishes additional restrictions on such grants for fiscal years 1979 through 1982. States that Small Business Development Centers shall have a full-time staff, business and technology analysts, information and professional specialists, and access to laboratory and engineering facilities. Requires such Centers to provide small businesses with business and technology counseling, information on government regulations, library services, and comprehensive studies and surveys. Directs federally funded laboratories and innovation centers to cooperate with the Small Business Development Centers. Requires the Administrator of the Small Business Administration to appoint a Deputy Associate Administrator for Management and Technical Assistance to administer the Small Business Development Center program. Establishes a National Small Business Development Center Advisory Board consisting of nine civilian members. Sets forth provisions governing the appointment of members, a Chairman, meetings, and compensation of the Board. Directs the Small Business Administration to conduct an evaluation of the Development Center program and to submit a report to the appropriate committees of Congress within three years. Title III: White House Conference on Small Business - White House Conference on Small Business Act - Directs the President to convene a White House Conference on Small Business by June 30, 1980, to identify the problems of small business concerns and to make recommendations for executive and legislative action. Requires the Conference to submit a report to the President and the Congress within one year of the date it convenes. Requires the Small Business Administration to report to the Congress within three years on the status and implementation of the findings and recommendations of the Conference. Makes such sums as are appropriated to carry out the provisions of this Act available until expended.
United States · United States Congress · 7 May 1979
Amends the Internal Revenue Code to allow an income tax deduction equal to 50 percent of the qualified erosion prevention expenditures paid or incurred by the taxpayer which are not chargeable to capital account. Defines "qualified erosion prevention expenditures" as expenditures for the improvement of real property within the United States which borders the Great Lakes and which is susceptible to shoreline erosion. Requires the Chief of Engineers of the United States Army to prepare specifications for improvements of shoreline property and establish maximum costs for such improvements.
United States · United States Congress · 7 May 1979
Amends the National Flood Insurance Act of 1968 to include in the flood insurance program protection against property damage caused by the movement of frozen water into property located along the shore of a lake or other body of water.
United States · United States Congress · 7 May 1979
Amends the Internal Revenue Code to allow a nonrefundable income tax credit equal to 15 percent of an individual's investment in small business stock for a taxable year. Limits the dollar amount of such credit to $750 ($1,500 for married individuals filing jointly). Denies the credit to an estate or trust, an individual who is claimed as a dependent, or a nonresident alien. Defines "small business stock" as stock of a domestic corporation which has equity capital of less than $25,000,000 and which during the previous five years derived more than 50 percent of its income from sources other than royalties, rents, interest, and other types of passive income. Requires adjustments to the basis of small business stock for which a credit is allowed the taxpayer or for which amounts of the credit are recaptured.
United States · United States Congress · 24 April 1979
State and Local Government Cost Estimate Act of 1979 - Amends the Congressional Budget Act to require the Congressional Budget Office, for every bill or resolution reported in the House or Senate, to prepare and submit (along with its regular estimate of the Federal cost involved) an estimate of the costs which would be incurred by State and local governments in carrying out or complying with such bill or resolution.
United States · United States Congress · 10 April 1979
Amends the Emergency Petroleum Allocation Act of 1973 to extend the effective period of ceiling prices established by the President and applicable to any first sale of crude oil produced in the United States. Extends the President's authority under such Act to December 31, 1982.
United States · United States Congress · 10 April 1979
Food Security Act of 1979 - Declares it to be the policy of the United States to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President to establish a reserve stock of wheat of up to 4,000,000 metric tons. Authorizes the President to release such stocks on a donation or concessional sale basis to provide emergency food assistance to developing countries at any time that the domestic supply of wheat in the United States is so limited that quantities cannot be made available except for urgent humanitarian purposes. Exempts such reserve stock from limitations which may be imposed pursuant to the Agricultural Trade Development and Assistance Act of 1954 and the Export Administration Act of 1969.
United States · United States Congress · 10 April 1979
Amends the Internal Revenue Code to tax income of married individuals filing tax returns separate from their spouses at the same rates applicable to unmarried individuals.
United States · United States Congress · 10 April 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that disability insurance benefits for an individual having a terminal illness shall begin with the first month during all of which such individual has such illness. Defines the term "terminal illness" to mean, a medically determinable physical impairment which is expected to result in death within the next 12 months.
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.
![Official portrait of Rep. Nowak, Henry [D-NY-33]](https://www.congress.gov/img/member/n000163_200.jpg)