United States · United States Congress · 13 November 1979
Expresses the sense of Congress that the President should terminate all military training of Iranian personnel pursuant to sales under the Arms Export Control Act.
United States · United States Congress · 9 November 1979
Sunset Review Act of 1979 - Requires the House Committee on Rules and the Senate Committee on Rules and Administration to jointly develop and maintain an inventory of all Federal programs and tax expenditures. Requires such inventory to classify all such programs and expenditures according to the jurisdiction of the various legislative committees of the two Houses. Requires the General Accounting Office, before the beginning of the 97th Congress, after consultation with the appropriate legislative committees, to submit a draft inventory to the House Committee on Rules and the Senate Committee on Rules and Administration. Requires such Committees to notify each legislative committee of the programs and tax expenditures which are classified within its jurisdiction. Allows any legislative committee to propose revisions of such inventory within 30 days after notification. Requires, after a determination that all programs and tax expenditures are accurately classified, that such inventory be published in a single document. Requires that an update be made of such inventory at the beginning of every Congress. Directs the General Accounting Office to maintain and publish a supplement to the inventory. Requires each legislative committee of the House of Representatives and the Senate, on or before March 1 in the first session of each Congress beginning with the 98th Congress, to develop, adopt, and submit to the House Committee on Rules and the Senate Committees on Rules and Administration an agenda for the sunset review of selected Federal programs within its jurisdiction or in the case of the House Committee on Ways and Means and the Senate Committee on Finance, of selected tax expenditures. Requires the committees of each House to develop their sunset review agenda in consultation with any other committee which has concurrent jurisdiction over any programs or tax expenditures involved. Prohibits either the House or the Senate from considering a primary expense resolution for any legislative committee in any Congress until that committee has developed and submitted its sunset review agenda. Requires the House Committee on Rules and the Senate Committee on Rules and Administration to incorporate such agendas into a consolidated sunset review agenda and to report such consolidated agenda to its House in the form of a concurrent resolution, within seven legislative days after all committee sunset review agendas have been submitted. Requires the consolidated sunset review agenda to be adopted in the House and in the Senate no later than March 30 in the first session of each Congress. Sets forth the procedures for adoption. Requires each committee of the House or the Senate, not later than May 15 in the second session of each Congress, to report a bill or bills modifying, continuing, or terminating each program or tax expenditure which it has been directed to review under the consolidated sunset review agenda adopted during the first session. Requires such bill to be accompanied by a report setting forth the committee's findings, recommendations, and justifications. Requires each department, agency, and instrumentality in the executive branch of the Government which is responsible for the administration of a Federal program or tax expenditure selected for sunset review to give assistance to the appropriate Congressional committees. Specifies that nothing in this Act shall affect the authority of any legislative committee to review programs or tax expenditures within its jurisdiction and to report legislation modifying, continuing, or terminating such programs or expenditures at such times and in such manner as it deems appropriate. Amends rule X of the Rules of the House of Representatives to include the consolidated sunset review agendas and the congressional inventory of Federal programs as part of the House Committee on Rules' functions.
United States · United States Congress · 8 November 1979
Expresses the sense of Congress that the U.S. Ambassador to the United Nations bring the matter of the seizure of the U.S. Embassy in Tehran, Iran, before the United Nations.
United States · United States Congress · 1 November 1979
Special Energy Prosecution Act of 1979 - Establishes an independent Office of Special Prosecution within the Executive Branch, to be headed by a presidentially-appointed Special Prosecutor, with jurisdiction to investigate and prosecute any violations of any provisions of, or regulations promulgated under, the Emergency Petroleum Allocation Act of 1973, of all other Federal laws governing and relating to energy prices and imported crude oil and refined petroleum product purchases and sales, of the Federal Trade Commission Act, the Sherman Antitrust Act, and the Clayton Antitrust Act. Directs the Special Prosecutor to limit his investigations, audits, reviews, and prosecutions to activities of the major oil companies. Authorizes the Special Prosecutor to take any necessary actions to perform the functions of the Office of Special Prosecution, including activities such as: (1) instructing the Federal Bureau of Investigation and other investigative agencies on the collection and delivery of information and evidence; (2) conducting proceedings before grand juries; (3) conducting and arguing appeals in the United States Supreme Court; (4) conducting civil and criminal litigation; and (5) contesting the assertion of executive privilege. Terminates the Office two years after the confirmation of the appointment of the Special Prosecutor. Directs the Special Prosecutor to report annually to the President, Congress and appropriate Executive agencies. Sets forth an expedited review procedure with respect to motions challenging the validity of any provision of this Act.
United States · United States Congress · 1 November 1979
Amends the Internal Revenue Code to exclude from gross income any gain from the sale of land to the United States, a State, or a tax-exempt conservation authority to be used for fish and wildlife conservation or preservation as a natural area.
United States · United States Congress · 31 October 1979
Acid Precipitation Act of 1979 - Establishes an Acid Precipitation Task Force to prepare a comprehensive plan of action to ameliorate the harmful effects of acid precipitation within ten years. Requires such plan to focus the combined efforts of the private and public sectors on such problem. Sets forth the composition of such Force, including representatives from specified Federal agencies. Sets forth the elements of such plan, including programs for: (1) establishing and operating a nationwide monitoring network; (2) identifying and measuring the sources of such precipitation; (3) understanding the airborne chemistry responsible for such precipitation; (4) assessing economic, social, health, and environmental impacts; (5) effecting scientific interchanges with appropriate foreign countries; (6) documenting all current Federal activities relevant to the problem; (7) considering various regulatory and nonregulatory solutions; (8) establishing performance evaluations standards; (9) describing a role for affected and contributing states. Makes such plan the basis for determining goals and establishing diplomatic initiatives and bilateral treaties with other countries involved in acid precipitation programs. Requires the submission of such plan to Congress one year after the enactment and annually thereafter. Authorizes appropriations for the implementation of this Act for ten fiscal years. Stipulates that such funds be appropriated and administered through the Environmental Protection Agency.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 19 October 1979
Expresses the sense of Congress that the Soviet Union should release Ida Nudel and allow her to emigrate to Israel. Urges the President to: (1) express U.S. opposition to the exile of Ida Nudel to Siberia; and (2) inform the Soviet Union that the United States will take into account the extent to which countries honor their commitments under international law, particularly concerning human rights.
United States · United States Congress · 18 October 1979
Rural Cooperative Business Income Act of 1979 - Amends the Internal Revenue Code to provide that income received by a mutual or cooperative telephone or electric company for services to customers or rural telephone or electric companies, and income received from the rental or sale of communications or power facilities, shall not be subject to the tax on unrelated business income.
United States · United States Congress · 18 October 1979
Expresses the sense of Congress that no U.S. company doing business in South Africa should not: (1) engage in unfair employment practices; (2) deny its employees the right to choose a representative organization; (3) maintain segregated facilities; or (4) pay unequal compensation for equal work. Expresses the sense of Congress that U.S. companies doing business in South Africa should: (1) recognize unions and permit collective bargaining; (2) train nonwhites for supervisory, administrative, and skilled jobs; and (3) try to improve housing, transportation, and health facilities for their nonwhite employees.
United States · United States Congress · 17 October 1979
Citizens' Energy Act of 1979 - Title I: Price and Allocation Controls - Subtitle A - Extension of Authority - Amends the Emergency Petroleum Allocation Act of 1973 to extend mandatory controls on domestic crude oil through December 31, 1981, and provide the President with discretionary authority to continue such controls through December 31, 1983. Subtitle B - Home Heating Oil - Middle Distillate Fuel Control Act of 1979 - Directs the President to impose controls on heating oil and diesel fuel within 15 days after enactment of this Act. Subtitle C - Natural Gas - Amends the Natural Gas Policy Act of 1978 to eliminate natural gas deregulation and to require the Federal Energy Regulatory Commission to set rates for interstate and intrastate natural gas. Amends the Public Utility Regulatory Policies Act of 1978 to require States to hold hearings, with full opportunity for public participation including intervenor funding, to determine whether or not lifeline rates for residential natural gas users should be implemented by State-regulated gas utilities or nonregulated gas utilities. Title II: Conservation - Subtitle A - Energy Productivity - Part I - Residential Energy Conservation Establishes a Residential Energy Conservation Office in the Department of Energy to be administered by a Director appointed by the Secretary of Energy. Directs the Director to reimburse eligible homeowners or apartment dwellers who insulate or install other energy conservation improvements designed to increase energy efficiency. Requires the Director to coordinate such program with the energy audit program authorized under the National Energy Conservation Policy Act, and to advertise the availability of such audits as a means of promoting such program of reimbursement. Requires the Director to conduct an evaluation of the effectiveness of the promotion of such program. Directs the Comptroller General to audit the operations of the Office. Requires any seller of energy conservation improvements to certify to purchasers whether such improvements comply with any regulations issued by the Director which establish performance and quality standards for energy conservation improvements. Establishes criminal penalties for willfully providing false information to the Director in any application for reimbursement. Part II - Industrial Fuel Conservation - Authorizes the Secretary to make loans to industrial firms to assist them in paying engineering costs for studying the cost-effectiveness of energy conservation investments. Stipulates that such loans would be repaid only if the study showed investing in a more efficient process would be cost-effective. Authorizes the Secretary to provide energy rebates to industrial firms which implement conservation projects for every barrel of oil saved for the first year following the investment in such project. Part III: Commercial Property Energy Conservation Loan Program - Directs the Secretary to establish a Commercial Property Energy Conservation Loan Program to provide low-interest loans to owners, developers, and builders of commercial property for investment in energy conservation systems. Directs the Secretary to appoint an Administrator and such other staff as necessary to carry out such program. Establishes an Advisory Board to be appointed by the President to advise the Secretary in carrying out such program. Establishes criminal penalties for knowingly making any false statement or misrepresentation concerning any loan assisted under such program. Directs the Secretary to submit an annual report to the Congress and the President on the operation of such program. Directs the Secretary to promote such program by informing financial institutions and commercial property owners, developers, and builders of the benefits of such program. Subtitle B - Industrial Energy Efficiency - Industrial Equipment Efficiency Act of 1979 - Amends the Energy Policy and Conservation Act, as amended by the National Energy Conservation Policy Act, to add new definitions relating to energy efficiency of industrial equipment. Amends such Act, to require a study of industrial equipment to determine which categories of devices would benefit from labeling or mandatory energy efficiency standards. Directs the Secretary to select the classes or types of equipment for which he will establish test procedures. Stipulates that any such test procedures will be designed in consultation with equipment manufacturers and appropriate technical societies. Directs the Secretary to determine the types of equipment for which he will prescribe labeling rules and to consult with equipment manufacturers affected by proposed rules. Requires the Secretary to select the types of electric motors and pumps for which he will prescribe standby energy efficiency standards and set forth procedures and criteria for issuing such standards. Exempts small equipment manufactures from such standards upon a determination that imposition of such standards may cause serious economic hardship. Stipulates that if the Attorney General finds that the imposition of standards would have an anticompetitive impact, the Secretary shall withdraw such standards. Directs the Secretary to establish a market penetration schedule for "high efficiency motors" and "high efficiency pumps". Sets forth reporting requirements for specified manufacturers of electric motors and pumps. Requires the Secretary to report quarterly to the Congress on the results of such reports. Sets forth conditions under which standby energy efficiency standards may be removed from standby status and made permanently effective. Incorporates the same provisions on rules, authority to obtain information, exports, imports, prohibited acts, enforcement, injunction enforcement, citizen suits, and administrative procedure and judicial review as are applicable to the appliance efficiency standards program of the Energy Policy and Conservation Act, as amended. Subtitle C - Residential Energy Audits - Residential Energy Audit Act of 1979 - Amends the National Energy Conservation Policy Act to require a residential building owner offering his building for sale to make a copy of the energy audit report on such building available to the purchaser, if the building is served by a utility offering a residential energy conservation program, and is financed by any institution whose deposits are insured by a Federal agency. Prohibits any such financial institution from providing financing for the purchase of a residential building served by such a utility unless such institution has received a current energy audit report on the building. Subtitle D - National Speed Limits - Amends the national maximum speed limit legislation to provide that if the percentage of motor vehicles exceeding 55 miles per hour in a State exceeds 25 percent that State's Federal highway apportionment shall be reduced by 20 percent (previously if the percentage of vehicles exceeding such limit was greater than 60 percent the State's apportionment would be reduced by five percent). Subtitle E - Residential Heating Improvement - Residential Furnace Improvement and Cost Savings Act of 1979 - Amends the National Energy Conservation Policy Act to require the Secretary of Energy to publish in the Federal Register a list of energy conservation retrofit devices found to improve energy efficiency of home heating and cooling devices and which can qualify for the residential energy credit provisions of the Internal Revenue Code. Requires manufacturers of home heating devices to issue procedures for the modification of home heating devices to permit the utilization of energy conservation retrofit devices. Directs the Secretary to invite State governors to submit plans for the certification of contractors qualified to install such devices, and sets forth criteria for such certification plans. Prohibits, after January 1, 1981, the financing of the sale of any residential building by any financial institution whose deposits are insured by any Federal agency without: (1) State or Federal certification that the home heating device contained in such building (a) has been modified by the installation of an energy conservation retrofit device, or (b) meets minimum efficiency standards established by the Department of Energy; or (2) evidence of a contract to retrofit a home heating device in such a building after purchase. Imposes a fine of not less than $2,500 for the failure by the new owner of a residential building to make such modifications to the building's heating device. Directs the Secretary to make grants to each State having an approved contractor certification plan for the administrative costs of such plan. Directs the Secretary to establish a Federal program to carry out the provisions of this Act in States which do not have approved certification plans. Directs the Secretary, in coordination with other relevant agencies, to establish a program of assistance for low-income residential building owners to assist them in obtaining the energy conservation retrofit devices required under this Act. Title III: Federal Energy Corporations - Subtitle A - Energy Corporation of America - Energy Company of America Act - Amends the Department of Energy Organization Act to establish a government corporation to be known as the Energy Company of America. Sets forth the composition of the Board of Directors of such Company. Authorizes the Company to: (1) explore for oil, natural gas, coal, geothermal and solar resources on any Federal lands; (2) develop, produce, purchase, refine, store, transport, and sell such energy resources; (3) engage in research and development for improved methods of fuel resource technology; (4) obtain necessary equipment and facilities; (5) explore for, develop, produce, import, purchase, store, transport and sell fuel resources in or from non-domestic sources; (4) conduct other corporate business as necessary to achieve the purposes of this Act. Sets forth the duties of the Company. Provides for production of oil, natural gas, coal, geothermal, or other energy from standby reserves upon a finding that such production is necessary to alleviate domestic shortages. Provides for the establishment of standby reserves. Sets forth conditions and procedures for the conveyance of Federal lands to the Company. Sets forth procedures to ensure environmental protection relevant to the construction of Company facilities. Prohibits the Company from proceeding with any such proposed activity except as provided by the Administrator of the Environmental Protection Agency unless, upon judicial review, the court sets aside an adverse determination of the Administrator. Exempts the Company from Federal taxation. Permits comparable State and local taxation of the Company. Prohibits the Company from selling at prices below actual adjusted costs. Directs excess revenues to be converted into the miscellaneous receipts fund of the Treasury of the United States. Directs the Comptroller General to conduct quarterly audits of the Company's transactions. Directs the Company to transmit an annual report to the Congress and the President. Excludes the receipts and disbursements of the Company from totals of the budget of the United States, and exempts them from any annual expenditure and lending limitations imposed on the United States Government. Makes the Occupational Safety and Health Act applicable to employees of the Company. Establishes criminal penalties for the unlawful disclosure of information concerning crude oil or petroleum products and speculation thereon. Declares that Congress shall exercise continuing oversight of the activities of the Company. Empowers the Company to incur debt for capital and operating purposes through any form of securities, agreements, or obligations. Authorizes any party or party intervenor in a civil action against the Company to recover attorney's fees from the United States. Authorizes any person to commence such actions for mandatory or prohibitive injunctive relief against the Company. Defines "standing" for the purposes of such actions. Vests title in any invention made or conceived by Company personnel in the United States. Amends the Federal Tort Claims Act to include any claims arising from Company activities. Subtitle B - Oil Import Authority - Oil Imports Act of 1979 - Part I - Oil Importation - Prohibits the importation of crude oil or other petroleum products into the United States unless permitted by, purchased by, or manufactured from crude oil purchased by the American Oil Import Corporation created by this Act. Sets forth requirements for issuing import permits for the importation of crude oil and petroleum products. Directs the Corporation in national emergencies, to issue permits for such imports to assure military access to needed oil supplies. Requires that crude oil and petroleum products for the Strategic Petroleum Reserve be purchased from the Corporation. Grants to the Corporation exclusive purchasing authority for crude oil and petroleum product imports, and sets forth requirements regarding such purchasing authority. Part II - American Oil Import Corporation - Establishes a nonprofit corporation to be known as the American Oil Import Corporation, to be managed by a Board of Directors appointed by the President. Establishes an Advisory Board to the Corporation composed of officers of specified Federal agencies and departments to meet periodically with the Directors to share information of the activities of the Corporation Sets forth the powers and duties of the Corporation and confers upon the Corporation nonprofit status. Establishes a Public Energy Fund in the Treasury of the United States into which shall be deposited revenues from activities of the Corporation. Sets forth specified reporting, recordkeeping, and audit requirements of the Corporation. Part III - Miscellaneous Provisions - Makes it a crime for any officer, employee, or person acting for or on behalf of the United States or any department or agency thereof to prematurely disclose information concerning crude oil or petroleum products required to be withheld from publication until a fixed time, or to speculate directly or indirectly in any such product by buying or selling the same in quantity before such information is made public through regular official channels. Repeals the standby purchase authority of the President under the Emergency Petroleum Allocation Act of 1973. Title IV: Refinery and Related Policies - Amends the Emergency Petroleum Allocation Act of 1973 to authorize the President to require refiners to produce maximum amounts of petroleum products in order to avert gasoline or distillate shortages. Amends such Act to extend indefinitely authority to prevent oil industry hoarding, to require refiners to emphasize production of products in short supply, and to establish inventory targets for crude oil or petroleum products. Title V: Investigations and Information - Subtitle A - Special Prosecutor - Special Prosecutor Act of 1979 - Establishes an independent Office of Special Prosecution, to be headed by a Special Prosecutor appointed by the President, with jurisdiction to investigate and prosecute violations of the Emergency Petroleum Act of 1973. Grants the Special Prosecutor the power to exercise all investigative and prosecutorial functions and powers of the Departments of Justice and Energy, including: (1) conducting civil and criminal litigation in any court; (2) contesting the assertion of executive, testimonial, evidentiary, or other privilege; (3) receiving appropriate national security clearance and contesting any attempt to withhold evidence on grounds of national security; (4) using the original or a copy of any tax return; and (5) instructing the Federal Bureau of Investigation and other domestic investigative agencies with respect to information and evidence. Directs the Special Prosecutor to submit at least annually a report to the President and the Congress. Requires the submission of a detailed statement of the activities of the Office with recommendations for legislation and administrative action. Terminates the office five years after appointment of the Special Prosecutor. Subtitle B - Information Gathering - Amends the Department of Energy Organization Act to make any information collected by the Department of Energy available to the Department of Justice, the Federal Trade Commission, the Department of the Interior, the Government Accounting Office, Congress, or any Governor upon request. Title VI: Solar Energy - Subtitle A - Solar Energy Bank - Solar Energy Bank Act - Establishes within the Department of Housing and Urban Development the Solar Energy Development Bank to subsidize long-term, low-interest loans made by financial institutions to promote the use of solar energy in commercial and residential structures. Provides for the appointment of the President of the Bank by the Secretary of Housing and Urban Development. Requires the General Accounting Office to periodically audit the Bank's financial transactions. Establishes an Advisory Board to make annual reports to Congress and the President. Authorizes the Bank to make payments to financial institutions to subsidize long-term, low-interest loans to owners or builders of commercial or residential structures for the installation of solar systems. Limits the amount of such loans to $10,000 per single family dwelling, $500,000 for multi-unit residential dwellings, and $200,000 for commercial buildings. Sets forth requirements for loan eligibility concerning the term and amount of the loan and necessary warranties for the solar energy systems covered by such loan. Authorizes the making of such loan subsidies to units of local government on behalf of low-income persons for projects carried out under other housing or rehabilitation programs. Imposes criminal penalties for the furnishing of false or misleading information by applicants for loans under this Act. Directs the Bank to conduct a program to promote the benefits of its loan subsidy program. Prohibits subsidy payments for anyone who has received or is receiving other Federal assistance for the purchase and/or installation of solar energy systems. Subtitle B - Omnibus Solar Commercialization - Omnibus Solar Commercialization Act of 1979 - Part I - Renewable Energy Initiatives - Establishes a national goal for the increased use of renewable energy resources as a part of the Nation's total energy supply in the year 2000. Defines the term "passive solar energy system" to mean space heating and cooling systems making the most efficient use of, or enhancing the use of, natural forces. Describes several types of passive solar energy systems. States that it shall be the policy of the Secretary of Energy to utilize State and local government organizations, Energy Extension Services, regional Solar Energy Research Centers, and other such entities in providing information services, training, education and other services to the public and to persons involved in the development and commercialization of solar energy systems. Directs the Secretary to establish the Solar Energy and Conservation Information Center to provide information services to the public and to the entities listed above, including: (1) retrieval and dissemination of solar energy materials; (2) development of materials specifically designed to assist architects and builders; and (3) development of training and education programs specifically designed for such purposes. Directs Federal agency heads responsible for construction of new civilian Federal buildings to require the utilization of active and passive solar energy systems unless it is determined that such systems are not cost effective, as determined by a specified formula. Directs the head of each Federal agency operating a fueling station for civilian gasoline motor vehicles to require that such stations only dispense a ten percent alcohol and gasoline mixture. Requires that the same alcohol-gasoline mixture be dispensed by retail gasoline supply outlets operated by Federal agencies. Authorizes the Administrators of the Alaska Power Administration, the Southeastern Power Administration, the Southwestern Power Administration, and the Western Power Administration, to purchase power from proposed non-federally constructed generating facilities utilizing renewable energy resources. Authorizes such Administrators to construct and operate non-hydroelectric generating facilities, provided that the Administrator has made a public offer to purchase or guarantee the purchase of power from a comparable non-federally constructed facility and has received no offer from a nonfederal entity to construct such a facility. Directs the Secretary to establish a programs demonstrating energy self-sufficiency through the use of renewable energy resources, including programs to: (1) promote the development of synergistic combinations of different renewable energy resources designed to reduce fossil fuel imports; (2) initiate energy self-sufficiency at appropriate levels of government; and (3) provide Federal assistance to stimulate private industry participation in the realization of such self-sufficiency. Directs the Secretary to establish an Office of Energy Self-Sufficiency and to prepare a plan setting forth the responsibilities of such Office to be submitted to the Congress. Part II - Wind Energy Initiatives - Directs the Secretary to establish a commercialization program designed to promote and accelerate research, development, and experimentation of wind energy systems and components. Authorizes the Secretary to provide Federal assistance in designing, testing, purchasing, installing and marketing such systems to public or private entities. Authorizes the Secretary of Energy to enter into contracts and make grants for the development of wind energy systems for commercial production and utilization. Directs the Secretary to enter into arrangements with Federal agencies to carry out demonstration projects of Federal facilities. Sets forth criteria for selection of program selection criteria. Directs the Secretary to collect and evaluate data and information, and conduct studies relating to wind energy systems programs. Directs the Secretary to assure that information relating to programs, projects and other activities are widely disseminated to Federal, State, and local authorities, relevant segments of the economy, the scientific community and the public. Directs the Secretary to conduct studies on: (1) the Federal applications of wind energy systems; (2) the effects of widespread utilization of wind energy systems on the existing electrical utility system; (3) and the prospects for applications of wind energy systems for power generation in foreign countries, particularly lesser developed countries. Establishes a wind energy utilization program for the accelerated procurement and installation of wind systems for power production in Federal facilities. Establishes an advisory committee to assist the Secretary concerning such program. Title VII: Energy Tax Policy - Oil Industry Tax Reform Act of 1979 - Amends the Internal Revenue Code to repeal the percentage depreciation allowance for independent oil and gas producers and royalty owners. Repeals the tax treatment of intangible drilling and development costs for oil and gas wells (except nonproductive wells) as currently deductible expenses. Requires such costs to be capitalized and amortized over a 168 month period. Disallows an income tax credit for foreign taxes paid by domestic corporations on foreign oil-related income. Treats such taxes as royalties for which a deduction or exclusion from foreign source income would be allowed. Requires the payment of income taxes at the corporate level on the foreign oil-related income of domestic corporations. Title VIII: Divestiture - Subtitle A - Natural Gas - Natural Gas Industry Competition Act of 1979 - Part I - Industry Competition - Makes it unlawful, five years after enactment of this Act: (1) for any major natural gas producer to own or control any interest in any natural gas transportation or marketing assets; (2) for any natural gas transporter to own or control any interest in any natural gas production or marketing asset; (3) for any major natural gas marketer to own or control any interest in any production or transportation asset; and (4) for any person who owns any natural gas production or marketing asset to transport any energy resource in which he has interest by means of any transportation asset in which that portion has an interest. Prohibits major producers from entering into joint ventures resulting in actions prohibited by this part, and prohibits major producers, marketers, or transporters having interests in any operation prohibited under this part from making any additional investments in such operations. Makes it unlawful for any major producer, marketer, or transporter having such interests in any prohibited asset to fail to withdraw all operating cash flow attributable to such ownership or control in or from any affiliate of such producer, marketer, transporter. Requires each person to whom this part applies or may apply to submit periodical reports about his/her assets, and such other information as the Attorney General may request. Establishes criminal and civil penalties for violations of this subtitle. Part II - National Energy Industry Competition Court - Establishes a National Energy Industry Competition Court with exclusive jurisdiction over all actions and suits brought under this subtitle. Provides that such Court shall consist of three or more judges to be designated by the Chief Justice of the United States, and shall be dissolved by the Chief Justice when its purposes have been accomplished. Establishes procedures for direct appeal from the decisions of the Court to the United States Supreme Court. Subtitle B - Petroleum and Energy Industries - Part I - Horizontal Integration - Energy Industry Competition and Performance Act of 1979 - Makes it unlawful for any major petroleum producer to acquire or retain any interest or control over any coal, uranium, or solar asset. Defines control as a direct or indirect legal power or influence over another person, arising through direct, indirect, or interlocking ownership of capital, interlocking directorates or officers, or contractual relations which substantially impair independent business behavior. Authorizes the Federal Trade Commission to exempt any corporation formed or reorganized as a result of compliance with this part from the Clayton Act for a period of up to one year. Requires each major petroleum producer who owns or controls any interest in any coal, uranium, or solar asset to file a report with the Commission listing its interest in such assets. Sets forth the procedure to be followed by each major petroleum producer for the divestment of its interest in such assets. Grants primary oversight jurisdiction to the Commission and specified enforcement powers to the Securities and Exchange Commission and the Department of Justice. Prescribes civil penalties for violations of this Act. Part II - Vertical Integration - Petroleum Industry Competition Act of 1979 - Makes it unlawful for: (1) any major petroleum producer to own or control any interest in any refinery, transportation, or marketing asset; (2) any petroleum transporter to own or control any interest in any production, refinery, or marketing asset; (3) any major refiner or marketer to own or control any interest in any production or transportation asset; or (4) any major refiner to own or control any marketing asset. Requires each person to which such prohibitions apply to file a report with the Commission about higher assets. Sets forth divestment procedures regarding such assets. Grants primary enforcement jurisdiction to the Commission, and prescribes civil penalties for violation of this Act. Part III - Major Acquisitions - Energy Antimonopoly Act of 1979 - Amends the Clayton Act to prohibit any entity or subsidiary which produced or had an interest in a total of 35,000,000 barrels of crude oil, condensate, and natural gas liquids in 1976 from acquiring control or a majority of the assets of any other entity whose assets exceed $100,000,000. Title IX: Low and Moderate Income Assistance - Fuel Assistance Act of 1979 - Part I - Fuel Assistance for Low-Income and Elderly Households - Directs the Secretary of Health, Education, and Welfare (HEW), in cooperation with the Secretary of Energy, the Director of the Community Services Administration, and the Secretary of Housing and Urban Development, to establish procedures for determining the needs of eligible low-income and elderly households for increased weatherization and other energy-related assistance and for providing such assistance on a timely basis. Earmarks specified funds for public information and outreach programs. Directs the Secretary of HEW, acting through the Social Security Administration, to establish a program to provide assistance to low-income and elderly households to aid in meeting primary residential fuel costs. Sets forth criteria for determining the amount of such assistance, and requirements for eligibility. States that the benefits provided under such program shall not be considered income or resources for any purposes under any Federal or State law. Establishes a payment system for fuel suppliers supplying fuel to eligible recipients. Requires such suppliers to provide specified information to the appropriate State agency to qualify for such payments. States that such program shall be administered by the appropriate State agency according to an agreement between such agency and the Secretary, or, in the absence of such agreement, by the Secretary in accordance with his regulations. Requires suppliers to keep full records and submit them to the Comptroller General as needed for auditing purposes. Prohibits suppliers from refusing to sell fuel to eligible participants solely on the basis of their participation in the fuel assistance programs established under this Act. Prohibits suppliers from terminating supplies of primary residential fuel to eligible households except in accordance with specified procedures. Imposes criminal penalties for violation of this Act. Authorizes the Secretary to issue necessary regulations. Directs the Director of the Community Services Administration to establish a crisis intervention program to supplement the fuel assistance program with evacuation procedures, emergency shelter, home repair, or payment of bills. Authorizes appropriations for such program for fiscal years 1980 through 1982. Part II - Middle-income Energy Tax Credit - Amends the Internal Revenue Code to allow a tax credit for residential heating oil costs.
United States · United States Congress · 17 October 1979
Condemns the use of lethal chemical agents against the Hmong tribes people in Laos. Expresses the sense of the House of Representatives that the President should: (1) take action to bring about the cessation of such poison gas attacks; (2) direct the U.S. delegation to the United Nations Committee on Disarmament to place such warfare on the U.S. agenda and reach agreement with the Soviet Union on a general prohibition of chemical warfare; and (3) report to the Congress concerning actions taken.
United States · United States Congress · 16 October 1979
Lacey Act Amendments of 1979 - Prohibits any person from: (1) transporting, selling, or acquiring in any jurisdiction any fish or wildlife taken, possessed, transported, or sold in violation of any law governing such jurisdiction; (2) making any false document concerning any fish or wildlife transported in interstate or foreign commerce; (3) assaulting or impeding any person enforcing this Act; or (4) attempting or causing any such offense: Sets forth civil and criminal penalties for violations of this Act and the administrative procedure regarding the assessment of civil penalties. Authorizes the Secretary of the Interior and the Secretary of Commerce to suspend, modify, or cancel any Federal license or permit for hunting, fishing, importing, or exporting fish or wildlife, or operating a quarantine station for imported wildlife issued to any person who is convicted of a criminal violation of this Act. Declares that all fish or wildlife transported, sold, or acquired in violation of this Act and all vehicles and equipment used in such offense shall be subject to forfeiture to the United States. Authorizes the Secretaries of the Treasury, the Interior, Commerce, and Transportation to utilize by agreement the personnel and facilities of any Federal or State agency to enforce this Act. Permits any person authorized to enforce this Act to: (1) carry firearms; (2) make an arrest without a warrant on reasonable grounds; (3) execute and serve warrants; (4) detain and inspect any vehicle or package upon entering or prior to leaving the United States or U.S. waters; (5) inspect and demand documents relating to such a package; and (6) hold a seized item pending the disposition of proceedings. Grants jurisdiction to the district courts of the United States for actions arising pursuant to enforcement of this Act. Directs the Secretaries of the Interior, the Treasury, and Commerce to pay rewards to persons who furnish information leading to criminal conviction, civil penalty assessment, or forfeiture of property for a violation of this Act. Subjects all fish or wildlife transported into a State for use in such State to laws governing fish or wildlife produced in such States. Permits States to make and enforce laws which are consistent with this Act. Repeals specified provisions of Federal law concerning commerce in fish and wildlife.
United States · United States Congress · 16 October 1979
Amends the Internal Revenue Code to allow an income tax credit for expenditures to replace furnaces with furnaces that meet specified energy efficiency targets established by the Department of Energy. Limits the amount of such credit to 30 percent of expenditures under $2,000 and 20 percent of expenditures between $2,000 and $10,000.
United States · United States Congress · 16 October 1979
Calls upon the President, with respect to Chile, to: (1) recall the U.S. Ambassador to Chile; (2) apply statutes limiting assistance to countries with terrorist governments or countries harboring terrorists; (3) prohibit deliveries of defense articles or services; (4) recall all military personnel; (5) prohibit the issuance of U.S. visas to Chilean military or intelligence personnel; (6) prohibit credits or loan guarantees to be granted by the Export-Import Bank; (7) prohibit the granting of export licenses; (8) order the immediate suspension of private bank loans; and (9) demand that Chilean rights be fully restored.
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
Fair Financial Information Practices Act of 1979 - Title I: To Amend the Fair Credit Reporting Act - Privacy Protection Amendments of 1979 - Amends the Fair Credit Reporting Act to revise the definition of consumer report to include those prepared in connection with insurance transactions, governmental benefits, and business transactions. Broadens the exemptions from such definition. Specifies those services or agencies that are not considered to be consumer reporting agencies. Sets forth the agencies and persons to whom a consumer reporting agency may furnish a consumer report. Raises the amounts involved in transactions which make consumer credit reports exempt from the provision prohibiting the inclusion of specified information in such reports. Requires consumers to be notified prior to the procurement or preparation of an investigative consumer report on such consumer. Requires specified information be given to applicants for insurance concerning such reports. Directs persons who procure or cause to be prepared such reports to make a complete disclosure, at the request of the consumer, of the nature and scope of the investigation requested. Directs credit reporting agencies or independent authorization services to notify consumers of impermissible uses of consumer reports. Directs such agencies to assure that file items reflect good faith exercises by consumers of their rights. Prohibits such agencies from requiring a quota of reports. Requires regular reporters of consumer information to agencies to ensure the accuracy of their information. Describes the information that must be given to a requesting consumer. Permits such agencies or services to withhold: (1) third party medical information, if it discloses the same to a medical professional designated by the consumer; (2) identifying information of any noninstitutional source of information in specified circumstances; and (3) codes used to ensure the security of a reporting system. Requires disclosures be made during specified hours and by specified means depending on the circumstances. Directs such agencies or services to provide trained personnel to explain any information to the consumer. Revises the procedures to be followed by consumers or creditors disputing the accuracy or completeness of any item of information contained in a file. Establishes: (1) time limits for the consumer reporting agency to reinvestigate such disputes; and (2) notification requirements concerning the results of such reinvestigations. Requires consumer reports to be furnished free of charge to consumers notified of an adverse credit rating pursuant to this Act or the Fair Authorization Information Practices Act. Directs consumer reporting agencies furnishing a consumer report for employment purposes to transmit a copy of such report to the individual to whom it relates. Requires every investigative consumer report containing adverse information to be in writing. Requires users of consumer reports to disclose the address of any consumer reporting agency which prepared a report resulting in adverse action, as well as the reasons for such action. Prohibits agencies from using interviews to obtain information about a consumer in which the interviewer misrepresents the purpose of the interview or his or her identity. Sets forth the civil damages to which a consumer is entitled for willful noncompliance with this Act. Increases the criminal penalties for obtaining information under false pretenses and unauthorized disclosures. Provides criminal penalties for alterations of consumer reports. Directs the Federal Reserve Board to prepare a model summary of consumers' rights under this Title. Gives enforcement authority for this Title to the Federal Trade Commission. Provides for these amendments to take effect one year after enactment. Title II: Fair Credit Information Practices - Fair Credit Information Practices Act - Sets forth the persons to whom and the circumstances under which a creditor may disclose individually identifiable information collected or maintained in connection with a credit transaction. Requires creditors to notify consumers of their: (1) credit information collection and disclosure practices; and (2) use or disclosure of individually identifiable information for marketing purposes. Sets limits on a creditor's information collection practices. Requires consumers to be given specified information in the event of an adverse credit decision. Gives the consumer the right of access to credit information on which an adverse decision is based. Sets forth the procedure to be followed if a consumer disputes the accuracy or completeness of any item of information. Requires creditors to notify another creditor, consumer reporting agency, debt collector, or independent authorization service of any inaccurate information reported to such parties. Directs the Board of Governors of the Federal Reserve System to prescribe regulations pertaining to notice and adverse credit decisions. Provides for the enforcement of this Act by the Federal Trade Commission unless otherwise specified. Sets forth civil and criminal penalties for violations of this Act. Requires consumers to be served with a copy of any legal process requesting information pertaining to such consumer. Permits consumers to contest the disclosure of such information. Amends the Equal Credit Opportunity Act to deem compliance with this Act as being in compliance with the Equal Credit Opportunity Act. Provides for this Act to take effect one year after enactment. Title III: Fair Authorization Information Practices - Fair Authorization Information Practices Act - Specifies the parties to whom individually identifiable information may be disclosed by an independent authorization service. Sets forth the duties of such services and their subscribers. Provides a procedure to be followed when a consumer disputes the accuracy or completeness of any item of information. Makes such services liable to consumers adversely affected as a result of inaccurate information or information obtained in violation of this Act which is maintained by such service. Provides for this Act to take effect one year after enactment. Title IV: Fair Debit Information Practices - Fair Debit Information Practices Act - Sets forth the circumstances and the persons to whom individually identifiable information maintained in connection with a depository service may be disclosed by a depository institution. Requires depository institutions to notify the customer, applying for the provision of any depository service, of information disclosure practices. Grants enforcement authority to the Federal Trade Commission, unless otherwise specified. Provides civil and criminal penalties for violations of this Act. Permits depository institutions to disclose to a party to civil litigation information pertaining to a customer who is also party to the litigation, if such disclosure is pursuant to some compulsory legal process. Requires customers to be notified of such process if they are not parties to the proceeding. Permits such customers to contest the disclosure of the information. Provides for this Act to take effect one year after enactment. Title V: Fair Insurance Information Practices - Fair Insurance Information Practices - Fair Insurance Information Practices Act - Sets forth the circumstances and the persons to whom individually identifiable personal information may be disclosed by an insurance institution, agent, or support organization. Requires such institutions and agents to notify the insurance applicant or claimant of their information collection and disclosure practices prior to collecting personal information about an individual. Specifies the manner in which personal information may be collected. Requires insurance institutions, agents, or support organizations to make personal information in their control available to the individual concerned. Specifies the procedures to be followed. Permits specified information to be withheld from an individual in specified circumstances. Gives the individual concerned the right to have errors corrected and misrepresentations amended according to specified procedures. Requires insurance institutions or agents to notify individuals subject to an adverse underwriting decision of the reasons for such decision and the individual's rights. Sets forth circumstances in which the notice requirements do not apply. Declares that the individual's exercise of the rights under this Act shall not affect the individual's eligibility for insurance benefits. Sets forth civil and criminal penalties for violations of this Act. Authorizes the principal State insurance regulatory official to enforce this Act. Provides for this Act to take effect one year after enactment. Exempts personal information maintained by an insurance institution from the Privacy Act of 1974. Sets forth provisions concerning the disclosure of personal information by an insurance institution, agent, or support organization pursuant to some compulsory legal process.
United States · United States Congress · 11 October 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Simon Wiesenthal in recognition of his contribution to international justice through the documentation and location of war criminals from World War II. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 9 October 1979
Federal Artists Program Act of 1979 - Amends the National Foundation on the Arts and the Humanities Act of 1965 to establish a "Federal Artists Program" of Federal assistance to individual artists for employment in community-oriented and locally supported projects. Defines "artist" as an individual of demonstrated artistic ability who: (1) has completed a bachelor's degree or its equivalent in a recognized professional training program and has at least two years of professional work experience as an artist or has at least four years of professional work experience as an artist; and (2) has received more than 20 percent of individual income from employment as an artist during any two calendar years occurring during the most recent four calendar years. Authorizes the Chairman of the National Endowment for the Arts to make grants to, or enter into contracts with, any designated arts agency to establish programs to place artists with local sponsoring organizations to undertake artistic endeavors: (1) as a component of services provided by such organization; and (2) which serve the public by providing access to art experiences and enriching the environment and the quality of life. Bases eligibility as a designated arts agency on a public agency's or a private nonprofit organization's: (1) designation by any State or local government, or combinations thereof, as their official arts agency; and (2) experience in directly supporting the arts and artists through a grants program or advocacy on their behalf. Requires the applications for assistance of such agencies to include a comprehensive program plan with specified features. Directs the Chairman to: (1) establish criteria (with specified inclusions) and procedures for evaluating and selecting such applications; (2) seek recommendations from a panel of experts representing a diversity of geographic areas and cultural backgrounds before approving such applications; and (3) coordinate the administration of the Federal Artists Program with specified Federal, State, local and private programs. Sets a three year limit on assistance to any sponsoring organization based on a declining percentage of the salaries such organization pays artists. Sets forth requirements for the sponsoring organization relating to working conditions and use of funds. Limits to ten percent the amount of such funds which may be used for administrative expenses by a designated arts agency. Allows designated arts agencies to submit another application for grants or contracts upon the mandatory three year expiration of a grant or contract. Limits the amount of salary and the duration of employment (three years maximum) of any one artist under such program. Requires each designated arts agency receiving assistance for any fiscal year to submit a program report, with specified inclusions, to the Chairman. Directs the Chairman to review programs at least annually. Stipulates that the copyright of any work produced by an artist in such program shall be retained exclusively by the artist and that the artist shall own all such original work. Grants the sponsoring organization and the designated arts agency involved a royalty-free nonexclusive right to use or display such art work for a period not to exceed five years from the completion of the project. Applies all financial assistance procedures and other provisions relating to the National Endowment for the Arts to the Federal Artists Program. Authorizes appropriations for fiscal year 1981 through 1985 for such program.
United States · United States Congress · 5 October 1979
Cigarette Safety Act - Directs the Consumer Product Safety Commission to prescribe regulations to ensure that any cigarette or little cigar will stop burning within five minutes if it is not smoked during that time, effective January 1, 1981. Prohibits the manufacture of cigarettes or little cigars which are not in accord with such regulations. Sets forth criminal penalties for violations. Gives jurisdiction to U.S. district courts to restrain such violations. Exempts from such regulations cigarettes and little cigars manufactured for export or for consumption beyond the jurisdiction of internal revenue laws (except for those manufactured for sale or distribution to the U.S. Armed Forces).
United States · United States Congress · 28 September 1979
Commission on Wartime Relocation and Internment of Civilians Act - Establishes the Commission on Wartime Relocation and Internment of Civilians to: (1) determine whether a wrong was committed against American citizens and permanent resident aliens who were subjected to relocation or internment as a result of Executive Order Numbered 9066 and other associated Government acts; and (2) recommend appropriate remedies. Directs the Commission: (1) to hold public hearings in specified cities; and (2) within 18 months after enactment of this Act, to submit a final report of its findings and recommendations to Congress and the President. Terminates the Commission six months after such report is submitted.
United States · United States Congress · 28 September 1979
Elementary School Guidance and Counseling Incentive Act of 1979 - Authorizes appropriations for fiscal years 1981 through 1985 for State allotments for comprehensive elementary school guidance and counseling programs, supplemental grants to States for elementary school guidance and counseling, and grants for demonstration and evaluation programs. Provides formulas for such State allotments, based on the population of elementary school children, with minimum required amounts. Directs the Commissioner of Education to administer State allotments and State plans through the Office of Guidance and Counseling of the Department of Health, Education, and Welfare. Requires that each State, to be eligible for such allotments, submit to the Commissioner a State plan for providing comprehensive elementary school guidance and counseling programs for a five-year period, with necessary annual revisions, which meets such criteria as the Commissioner may by regulation prescribe. Sets forth required provisions of such plans and programs. Provides for appeal by a State of a final action of the Commissioner to a circuit court of appeals. Authorizes the Commissioner, through the Office of Guidance and Counseling, to make grants to States with approved plans for distribution to local educational agencies and for support of States with approved plans for distribution to local educational agencies and for support of State agency leadership activities on the basis of statewide needs and priorities in elementary school guidance and counseling. Sets forth approved uses of such grants. Directs the Commissioner, through the Office of Guidance and Counseling, to carry out a program of demonstration and evaluation relating to elementary school guidance and counseling. Sets forth approved types of demonstration and evaluation projects. Requires the Office of Guidance and Counseling to collect, analyze, prepare, and disseminate information related to the provision of guidance and counseling services to elementary school-age children. Requires specified State and local educational agencies to designate supervisors of elementary guidance services or programs.
United States · United States Congress · 27 September 1979
Maritime Education and Training Act of 1979 - Amends the Merchant Marine Act of 1936 to integrate existing provisions of Federal law concerning maritime education and training by the United States Merchant Marine Academy (Academy), State maritime colleges, and civilian nautical schools. Directs the Secretary of Commerce to establish minimum requirements and a system of competition for selecting candidates to the Academy. Prohibits granting any preference in the selection process to members of the families of Academy alumni. Requires the Panama Canal Commission to nominate candidates from the areas and installations made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements. Authorizes the Secretary to make a limited number of noncompetitive appointments to the Academy each year. Requires each candidate who is a U.S. citizen, as a condition of appointment, to sign an agreement committing the candidate: (1) to complete instruction at the Academy; (2) to obtain and maintain an officer's license in the United States merchant marine for six years following graduation; (3) to apply for and, if tendered, accept a six-year appointment as a commissioned officer in the United States Naval Reserve; (4) in lieu of such appointment, to serve the U.S. national defense or foreign commerce for five years; and (5) to report to the Secretary on compliance with such agreement. Authorizes the Secretary to order any cadet who violates the agreement to active duty to serve the unexpired portion of required service. Authorizes the chairmen of the congressional committees having legislative jurisdiction over the Academy to designate committee staff members as staff members for the Board of Visitors of the Academy. Directs the Governors of the States or territories cooperating to sponsor a regional college to identify the State or territory to conduct the affairs of such college. Declares that a regional maritime college is eligible for Federal assistance on the same basis as a State maritime college. Authorizes the Secretary: (1) to pay the costs to such a regional or State college (college) for fuel used for training cruises; and (2) to provide for training of college students on Government-owned and subsidized vessels or other vessels. Requires the Secretary to assist the colleges with the operation and maintenance of new vessels. Stipulates that a college, as a condition for receiving Federal assistance or a training vessel, must require Students to pass the examination for an entry-level merchant marine officer's license. Authorizes the Secretary of the Navy to appoint students graduating from a college which receives Federal assistance as Reserve midshipmen of the U.S. Navy or to commission such students as Reserve ensigns in the Navy. Authorizes the Secretary to make loans to college students. Requires that each student receiving a loan agree to certain conditions concerning use of the loan and post-graduate service obligations. Declares that such a loan shall be forgiven if the student: (1) completes all terms of the loan agreement; or (2) is separated from the college because of failure to meet the academic requirements of the college or the physical requirements for a merchant marine officer's license. Allows the Secretary to waive payment of the loan under specified circumstances. Includes service as an administrative enrollee of the United States Maritime Service (USMS) as Federal service for those enrollees appointed to civil service positions. Stipulates that: (1) such USMS service shall be counted either toward one periodic step increase or toward one additional step increase; and (2) after appointment to the civil service such enrollees are not entitled to certain USMS travel and health benefits. Authorizes the Secretary: (1) to lend surplus shipping equipment to the Academy, colleges, or other approved merchant marine training schools for instructional purposes; (2) to utilize resources of other Federal agencies, with the consent of such agencies, for maritime-education purposes; and (3) to employ instructors for maritime-education courses without regard to specified provisions of Federal law concerning the classification of civil service positions and General Schedule pay rates. Repeals certain provisions of Federal law relating to marine education and training.
United States · United States Congress · 27 September 1979
Amends rule XXIII of the Rules of the House of Representatives to require that when the House is meeting in the Committee of the Whole at least 500 copies of any proposed floor amendment be made available in the Hall of the House of Representatives for the use of other Members prior to the offering of such amendment. Requires the Clerk of the House of Representatives to make certain that appropriate numbers of such copies are delivered to the majority and minority committee tables, and the majority and minority cloakrooms.
United States · United States Congress · 27 September 1979
Amends rule XXI of the Rules of the House of Representatives to require at least one legislative day to have elapsed after the day on which a bill or resolution is reported from the Committee of the Whole with one or more amendments before the vote on final passage is taken by the House.
United States · United States Congress · 27 September 1979
Amends rule XXIII of the Rules of the House of Representatives to require that a portion of the time provided for general debate on any bill or resolution when the House is meeting in the Committee of the Whole shall be reserved and made available exclusively for a final period of general debate after all amendments to the bill or resolution have been offered and acted on.
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 Emergency Petroleum Allocation Act of 1973 to direct the President to promulgate a regulation to hold down the price of diesel fuel and Number 2 fuel oil at their respective levels in effect on January 1, 1979.
United States · United States Congress · 25 September 1979
Hydrogen Fuel Development and Use Act of 1979 - Title I: Hydrogen Fuel Research, Development, and Demonstration Program - Directs the Secretary of Energy to establish a program for the research, development, and commercial scale demonstration of hydrogen production technologies and technologies concerning the use of hydrogen as a fuel and feedstock. Sets forth the types of hydrogen-related technologies to be investigated and developed. Authorizes the Secretary to provide financial assistance in the form of loan guarantees and loan guarantee commitments, price and purchase guarantees, and such other assistance as the Secretary is authorized to provide for the construction of hydrogen facilities or the carrying out of other hydrogen projects. Sets forth criteria for establishing terms and conditions for such loan guarantees. States that such program shall be jointly carried out by the Department of Energy and the National Aeronautics and Space Administration. Establishes an advisory committee to assist the Secretary with such program. Terminates the existence of such committee on December 31, 1984. Directs the Comptroller General to conduct annual audits of activities conducted under such program. Directs the Secretary to assure the participation of small business in such program. Authorizes the Secretary, in consultation with the Secretary of the Treasury, to guarantee and make commitments to guarantee loans made by State or local governments for the purpose of financing essential community development and planning necessitated by this Act. Sets forth requirements as to such loan guarantees. Authorizes the Secretary to make direct loans to State and local governments in the event such loan guarantee program will not result in sufficient funds to carry out such purposes. Authorizes the Secretary to make grants to State or local governments for studying and planning for the mitigation of potential economic, environmental, and social consequences of projects authorized by this Act and for establishing related management expertise. Directs the Secretary to make annual reports to the Congress on all activities undertaken pursuant to this Act. Title II: Tax Incentives for Hydrogen Production and for Certain Equipment Which Uses Hydrogen - Amends the Internal Revenue Code to allow a tax deduction for the amortization of any qualified hydrogen-producing facility, as defined and based on a 60-month period. Sets forth procedures for electing and terminating the election of such amortization, and makes necessary conforming amendments. Amends such Act to allow tax credits for expenditures for certain hydrogen-fueled equipment in residences and businesses.
United States · United States Congress · 21 September 1979
Amends the Internal Revenue Code to allow individuals a refundable income tax credit equal to one-third of the total cost during the taxable year of heating oil purchased by such individuals for use in a residence for residential purposes. Limits the dollar amount of such credit to $400 for the taxable year. Reduces the amount of such credit by one percent of the amount by which the taxpayer's adjusted gross income exceeds $20,000. Provides for the termination of the credit for taxable years ending after December 31, 1983.
United States · United States Congress · 17 September 1979
Energy Productivity Act of 1979 - Title I: Residential Energy Conservation - Establishes the Residential Energy Conservation Office within the Department of Energy to accept applications for reimbursement of residential energy conservation improvement expenditures made in accordance with regulations issued by the Director of such office. Sets forth requirements for such applications and imposes limitations upon the amount of reimbursement to be made to approved applicants for energy conservation improvements to houses, apartment buildings, and hotels. Directs the Director to coordinate such reimbursement program with the energy audit program established under the National Energy Conservation Act and to promote the availability of such audits in connection with such reimbursement program. Authorizes the Director to use any available means of communication to advertise such residential energy conservation reimbursement program. Requires the Director to conduct an evaluation of such program to determine its effectiveness in promoting residential energy conservation and its cost effectiveness in terms of probable energy savings. Directs the Comptroller General of the United States to audit the operations of the Residential Energy Conservation Office. Sets forth procedures for such audits. Authorizes appropriations for such residential energy conservation program. Requires sellers of energy conservation improvements to certify to purchasers that such improvements comply with regulations issued by the Director pursuant to this Act. Establishes criminal penalties for providing false information to the Director concerning any reimbursement application or improvement certification. Title II: Industrial Fuel Conservation - Authorizes the Secretary of Energy to make loans to industrial firms to assist in paying engineering costs for industrial energy conservation projects. Sets forth criteria for issuing necessary regulations and terms and conditions for such loans. Authorizes appropriations for such program for fiscal years 1980 through 1985. Authorizes appropriations for an accelerated energy productivity industrial research, development, and demonstration program. Directs the Secretary to issue regulations providing for an energy rebate to industrial firms implementing energy conservation projects approved by the Secretary. Sets the amount of such rebate at $15 for each barrel of crude oil equivalent of critical fuel saved in the full year following such project implementation. Requires that such rebate be structured to provide incentive for investment in permanent conservation equipment and production procedures. Authorizes appropriations for such rebate program. Title III: Commercial Property Energy Conservation Loan Program - Directs the Secretary to establish within the Department of Energy a Commercial Property Energy Conservation Loan Program for the purpose of providing low-interest loans to owners, developers, or builders of commercial property for the purchase of energy conservation systems. Prohibits participation of Program personnel and agents in matters affecting their personal interest or the interests of any entity with which they are associated. Directs the General Accounting Office to periodically audit the financial transactions of the program. Establishes an advisory board to provide advice to the Secretary in carrying out such loan program. Sets forth membership requirements for such Board. Excludes owners, developers, or builders of structures eligible for grants pursuant to title III of the National Energy Conservation Policy Act from eligibility for such loans. Defines the term "energy conservation systems" for the purpose of determining eligibility for such loans and sets forth terms thereof. Provides that where a borrower has entered into agreements with his tenants allowing energy savings passthroughs, such borrower may pass through annual loan payments to his tenants as operating energy expenses. Establishes criminal penalties for making false statements or misrepresentations concerning loans made under such program. Directs the Secretary to make annual reports to the President and to both Houses of Congress on the operation of such program, recommendations for improvements, and identification of problem areas. Directs the Secretary to promote such loan program by informing financial institutions and commercial property owners, developers, and builders of the benefits of such program. Permits the use of Department of Energy personnel on such program. Authorizes appropriations for such program for fiscal years 1980 through 1983.
United States · United States Congress · 13 September 1979
Solar Energy Incentive Tax Act of 1979 - Amends the Internal Revenue Code to allow an additional 40 percent investment tax credit for solar energy property. Extends the termination date for such credit to December 31, 1985. Increases the residential energy credit for renewable energy source expenditures to 50 percent of such expenditures up to $10,000. Qualifies solar energy property which performs more than one energy-related function for the residential energy credit.
United States · United States Congress · 12 September 1979
Middle Distillate Emergency Act of 1979 - Directs the Secretary of Energy to file a report to the Congress examining the middle distillate shortage and determining whether, under the Emergency Petroleum Allocation Act, decontrol of such fuels is warranted. Requires that the Secretary reimpose price and allocation controls on such fuels upon a finding that decontrol is unwarranted.
United States · United States Congress · 11 September 1979
Fuel Assistance Act of 1979 - Title I: Fuel Assistance for Low-Income and Elderly Households - Directs the Secretary of Health. Education, and Welfare (HEW), in cooperation with the Secretary of Energy, the Director of the Community Services Administration, and the Secretary of Housing and Urban Development, to establish procedures for determining the needs of eligible low- income and elderly households for increased weatherization and other energy-related assistance and for providing such assistance on a time basis. Earmarks specified funds for the purpose of creating public information and outreach programs designed to ensure maximum participation in the energy assistance program established under this Act. Directs the Secretary of HEW, acting through the Social Security Administration, to establish a program to provide assistance to low-income and elderly households for meeting primary residential fuel costs. Sets forth criteria for determining the amount of such assistance, and requirements for eligibility. Specifies that the amount or value of benefits provided under such program shall not be considered income or resources for any purposes under any Federal or State law. Establishes a system of making payments to fuel suppliers supplying fuel to eligible recipients. Requires such suppliers to provide specified information to the appropriate State agency in order to qualify for such payments. Provides that such program shall be administered by the appropriate State agency according to an agreement between such agency and the Secretary, or, in the absence of such agreement, by the Secretary in accordance with regulations. Requires suppliers to keep full records and submit them to the Comptroller General as needed for auditing purposes. Prohibits suppliers from refusing to sell fuel to eligible participants solely on the basis of their participation in the fuel assistance programs established under this Act. Prohibits suppliers from terminating supplies of primary residential fuel to eligible households except in accordance with specified procedures. Imposes criminal penalties for violations of the provisions of this Act. Authorizes the Secretary to issue regulations necessary to carry out this Act. Authorizes appropriations to carry out such fuel assistance program. Directs the Director of the Community Services Administration to establish a crisis intervention program to supplement the fuel assistance program with evacuation procedures, emergency shelter, home repair, or payment of bills. Authorizes appropriations for such crisis intervention for fiscal years 1980 through 1982. Title II: Middle-Income Energy Tax Credit - Amends the Internal Revenue Code to allow a tax credit to eligible taxpayers for amounts paid for heating oil for principal residences.
United States · United States Congress · 7 September 1979
Amends the Foreign Assistance Act of 1961 to authorize disaster relief and reconstruction assistance to alleviate human suffering caused by hurricanes in the Caribbean. Stipulates that priority shall be given to furnishing agricultural commodities under the Agricultural Trade Development and Assistance Act of 1954.
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 · 6 September 1979
Authorizes and requests the President to designate the week of January 21 through January 27, 1979, as "Junior Achievement Week" in honor of the sixtieth anniversary of Junior Achievement, an organization dedicated to the American enterprise system and service to youth.
United States · United States Congress · 2 August 1979
Social Security Amendments of 1979 - Provides full benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act for disabled wives, husbands, widows, and widowers without respect to age. Authorizes benefits for essential spouses of disability beneficiaries without regard to age or children in care. Provides benefits for divorced husbands, surviving divorced husbands, and surviving fathers. Eliminates the requirement that the 20 quarters of coverage necessary for disability insurance must have occurred within a 40 quarter period.