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Official portrait of Rep. Rodino, Peter W., Jr. [D-NJ-10]

Rep. Rodino, Peter W., Jr. [D-NJ-10]

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3,267 records where Rep. Rodino, Peter W., Jr. [D-NJ-10] is listed as a sponsor, author, or other actor. Search with topics and years

Resolution· HCONRESH.Con.Res. 184 (96th)passed

A concurrent resolution providing for printing additional copies of the Committee Print entitled "7th Edition of the Immigration and Nationality Act with Amendments and Notes on Related Laws".

United States · United States Congress · 11 September 1979

Directs the printing of 12,000 additional copies of the committee print entitled "7th Edition of the Immigration and Nationality Act with Amendments and Notes on Related Laws." Specifies that 9,000 of such copies shall be for the use of the House Committee on the Judiciary and 3,000 copies for the use of the Senate Committee on the Judiciary.

Bill· HRH.R. 5200 (96th)open

Fair Housing Amendments Act of 1979

United States · United States Congress · 6 September 1979

Fair Housing Amendments Act of 1979 - Entitles title VIII of the Civil Rights Act of 1968 (as entitled by this Act) the Fair Housing Act. Amends such Act to define "handicap" as: (1) a physical or mental impairment which substantially limits one or more of a person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. Defines "aggrieved person" as any person who claims to have been injured by a discriminatory housing practice or who believes that such person will be irrevocably injured by a discriminatory housing practice that is about to occur. Exempts from coverage under such Act a room or unit in an owner-occupied dwelling intended to be occupied by no more than four families living independently if such room or unit is sold or rented: (1) without the assistance of any real estate broker, agent, or salesman; and (2) without the publication or mailing of any advertisement or written notice indicating any preference or discrimination based on race, color, religion, or national origin. Stipulates that such prohibition shall not preclude the use of attorneys, title companies, or other professional assistance to perfect or transfer title. Includes the handicapped within the groups that may not be discriminated against in housing. Makes it unlawful: (1) for an insurer against hazards to discriminate with regard to such insurance contracts; (2) to refuse to sell or rent (after the making of a bona fide offer) to a handicapped person unless such handicap would present a prospect occupant from conforming to specified non-discriminatory rules and practices; and (3) to discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Stipulates, with regard to such sales, rental, or related services, that discrimination shall include a refusal to: (1) permit reasonable modification to permit access to the premises; and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons equal enjoyment of the premises. Stipulates, with regard to such sales and related services, that discrimination shall not include a refusal to: (1) make alterations at the expense of sellers, landlords, owners, or persons acting on their behalf; (2) modify generally applicable policies, services, or facilities where such modification would unreasonably inconvenience others; or (3) allow architectural modifications which materially alter the intended use of a building or its environs. Makes it unlawful for a State or local government employee or agency to impede the establishment of a dwelling specifically intended for handicapped persons, unless such dwelling: (1) would not comply with Federal, State, or local health or safety regulations; (2) would not comply with Federal or State program standards for services to the handicapped; or (3) would violate a land use plan or zoning ordinance. Makes it unlawful for any person whose business includes the making, buying, or insuring of loans, or selling, brokering, or appraising of real property, to discriminate in the availability or the conditions (amount, interest rate, duration) of such housing-related loans. Directs the Secretary of Housing and Urban Development to enforce the provisions of such Act upon receiving a written charge filed by an aggrieved party within one year after the alleged discrimination occurred, or upon the Secretary's initiative. Requires the Secretary to notify the party charged with a discriminatory practice within ten days of the filing of such charge. Grants the Secretary authority to subpena necessary information and witnesses, and to issue interrogatories. Establishes penalties of up to $1,000 or one year in prison for willfully failing to testify or produce records, intentionally giving misleading information, or willfully altering any documentary evidence. Directs the Secretary to refer a discriminatory housing charge made within the jurisdiction of a State or local agency to such agency if the agency is certified by the Secretary. Prohibits the certification of such agency unless the Secretary determines that the protections of substantive rights, procedures, remedies, and judicial review are equivalent to those under Federal law. Directs the Secretary and other Federal agencies to cooperate and avoid duplication of efforts. Authorizes the Secretary, on the basis of a preliminary investigation, to refer a charge to the Attorney General in order to get appropriate preliminary relief pending final disposition of such charge. Directs the Secretary, upon a determination that reasonable cause exists to believe a housing discrimination charge is true, to refer the matter to the Attorney General or to file an administrative complaint. Directs the Secretary to provide a copy of such investigation's findings to the parties involved. Sets forth hearing provisions, including: (1) notice of the complaint and opportunity for a hearing not less than 30 days after service of such complaint; (2) rescheduling of such hearing; (3) resolution of a complaint by conciliation; (4) respondent's right to file an answer and testify at such hearing; (5) an aggrieved party's right to intervene; (6) the authority of the person conducting such hearing to make findings of fact and conclusions of law, to issue a final order of relief, and to impose a civil penalty not to exceed $10,000 (provides that no such final order shall affect a bona fide sale, rental, or encumbrance consummated before the issuance of such order); (7) the Secretary's authority to modify any such final order; (8) court of appeals judicial review within 60 days of entry of such order; and (9) a civil penalty of up to $1,000 a day for violation of an unreviewable (as set forth by this Act) final order of the Secretary. Permits aggrieved individuals to commence civil actions within three years of the alleged discriminatory practice. Prohibits proceedings by both the Secretary and the aggrieved individual. Authorizes the Attorney General: (1) to intervene in an aggrieved individual's civil action; and (2) to commence a civil action (a) against a person engaged in a pattern or practice of resistance to these provisions or (b) to enforce the Secretary's findings or orders. Permits the aggrieved individual to intervene in an action commenced by the Attorney General. Allows prevailing parties reasonable attorney and expert witness fees as part of a judicial or administrative award under this Act. Directs the Architectural and Transportation Barriers Compliance Board to report to the Congress not later than October 1, 1981, concerning: (1) the extent to which architectural barriers and other obstacles to accessibility of housing are operating to deny handicapped persons access to a reasonable housing choice in the private market; (2) the extent to which public, private, or cooperative public and private efforts have been undertaken to increase housing choice for the handicapped in the private market; and (3) the projected cost of retrofitting an adequate supply of existing housing units to make such units suitable for occupancy by handicapped persons. Authorizes appropriations for this Act, effective as of October 1, 1980.

Bill· HRH.R. 5191 (96th)referred

Health Care for All Americans Act

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.

Law· HRH.R. 5174 (96th)open

A bill to amend section 209 of title 18, United States Code.

United States · United States Congress · 5 September 1979

Amends the Federal criminal code to stipulate that the prohibition against Government employees receiving outside income does not include receipt of actual relocation expenses incident to participation in an executive exchange or fellowship program: (1) which has been established by statute or Executive order; (2) offers appointments not exceeding one year; (3) and permits no extensions exceeding 90 days.

Bill· HRH.R. 5099 (96th)referred

Sales Representatives Protection Act

United States · United States Congress · 2 August 1979

Sales Representatives Protection Act - Title I: Contracts Between Sales Representatives and Principals - Requires a principal to furnish specified information to a sales representative concerning orders placed through the representative's account and a monthly accounting of commissions due such representative. Enumerates items which must be set forth in any contract between a sales representative and a principal. Title II: Indemnification - Exempts principals conforming with such information requirements from the indemnification provisions set forth in this Act. Requires a principal who, without good cause, terminates a contract between such principal and a sales representative, or reduces the rate of commission for orders solicited on behalf of such principal, to indemnify the representative according to this Act. Requires a principal who reduces the size of the geographic territory assigned to a representative for a specified account, which results in a specified reduction in commissions, to indemnify such representative. Sets forth formulae for the indemnification of such representatives. Title III: Miscellaneous - Allows a plaintiff to bring an action to enforce any rights or liabilities created by this Act in a United States district court. Stipulates the procedure for such action.

Law· HRH.R. 5048 (96th)open

Manassas National Battlefield Park Amendments of 1980

United States · United States Congress · 1 August 1979

Manassas National Battlefield Park Amendments of 1979 - Sets forth boundaries for the Manassas National Battlefield Park, Virginia. Prohibits the Secretary of the Interior from making any changes in such boundaries. Permits the Secretary to acquire any property or interests therein which are located within the boundaries of the park to effectuate the purposes of this Act. Sets forth the conditions for such acquisitions. Authorizes appropriations from the Land and Water Conservation Fund for the acquisition of such properties and interests.

Bill· HRH.R. 5033 (96th)referred

North Pacific Fur Seal Protection Act of 1979

United States · United States Congress · 31 July 1979

North Pacific Fur Seal Protection Act of 1979 - Title I: Termination of Convention - Expresses the sense of Congress that the Interim Convention on the Conservation of North Pacific Fur Seals should not be continued. Declares that the President should terminate such Convention and enter into negotiations for an international agreement banning all killing of such seals. Title II: Protection of Seals - Directs the Secretary of the Interior to establish the Pribilof Wildlife Refuge. Directs the Secretary of Commerce to designate that part of the fishery conservation zone extending seaward of the Pribilof Islands, Alaska, as a marine sanctuary. Prohibits the taking of seals within such Refuge and marine sanctuary, unless by the natives for subsistence purposes. Sets forth sanctions for violations of these provisions. Directs the Secretaries to employ, to the greatest extent possible, Pribilof Islands natives as rangers and guides. Stipulates that this title shall become effective upon termination of the Convention. Title III: Advisory Council; Social Services Programs - Provides for the establishment of an advisory committee to study and recommend to Congress alternative means of developing a livelihood for Pribilof Islands natives in lieu of the taking of seals, upon the termination of the Convention. Requires the Secretary of the Interior to assure that the income of Pribilof Islands natives engaged in the taking of seals be maintained, after the prohibition on the taking of seals takes effect. Title IV: Other Provisions of Law - Repeals title I (Conservation and Protection of North Pacific Fur Seals) of the Fur Seal Act of 1966. Stipulates that the Marine Mammal Protection Act of 1972 shall not apply if the taking of seals is prohibited under this Act.

Bill· HRH.R. 5040 (96th)referred

National Employment Priorities Act of 1979

United States · United States Congress · 31 July 1979

National Employment Priorities Act of 1979 - Requires a business concern to give notice, with an economic impact statement, to the Secretary of Labor and to affected employees, labor organizations, and local governments whenever such business concern intends a change of operations at an establishment which will result in an employment loss in any 18-month period of the lesser of 100, or of 15 percent, of the employees at such establishment. Requires, with exceptions, that such notice be given within specified periods of time (varying according to the number of employees affected) before such business concern reduces the weekly wages or suspends or terminates the employment of any employee in connection with such change. Directs the Secretary to investigate and hold public hearings on specified matters related to such change upon receipt of a written request for such investigation from an affected labor organization or from at least ten percent of the employees at such establishment. Requires such request to be made within 60 days of receipt of notice. Authorizes the Secretary to investigate and hold closed hearings on such matters, without regard to whether such notice is given, upon: (1) a determination that such investigation would serve the purpose of this Act; or (2) a request from at least 50 percent of such employees. Empowers the Secretary to issue subpoenas for witnesses and evidence in such investigations. Directs the Secretary to prepare and publish a report of such investigation. Makes employees who accept employment with such business concerns, with knowledge that such notice has been given, ineligible for specified assistance under this Act. Requires such business concerns to give written statements of employment status to employees whose weekly wages are lowered by a specified amount or who are suspended or terminated. Stipulates that an employee will be deemed to suffer an employment loss if a business concern fails to: (1) give such a statement of employment status to an employee; or (2) include in such statement an assurance of increased wages or reinstatement. Requires a business concern which gives such assurance, yet fails to prevent such employment loss, to pay such employee a lump sum in a specified amount in addition to other required payments. Requires a business concern, for a 52-week period following an employment loss, to make payments: (1) to the employee in a weekly income maintenance payment equal to 85 percent of such employees's wage rate or 100 percent of such rate while such employee participates in specified training programs; and (2) to specified employment benefit plans for such employees. Sets forth conditions under which such payments may be reduced or limited. Stipulates that such payments are not to be deemed wages for all other purposes, including specified employee benefit plans. Requires such business concerns to pay moving expenses for employees who resume employment with the same business concerns within three years. Requires such business concerns to continue weekly income maintenance payments to employees between 53 and 61 years of age when the 52 week payment period expires. Directs the Secretary to reimburse such business concerns for such continued payments. Directs the Secretary to make transitional assistance payments to employees upon their request whenever a business concern fails to make such payments. Provides that the amount of such payments shall then be owed, with interest, to the United States by such business concern. Makes a business concern which transfers ownership or control of an establishment to avoid liability for transitional assistance payments liable to the United States for a specified amount if the owning or controlling business concern fails to provide such assistance. Requires such business concerns to offer employees, who suffer an employment loss, any available employment, with equivalent wages and benefits, at any establishment of such business concerns for a three-year period after such employment loss. Sets forth such former employees' rights to credits and benefits in employee benefit plans and such business concerns' liability for payments to such plans. Stipulates that specified violations shall be deemed violations of the Employee Retirement Income Security Act of 1974, for which civil actions may be brought. Directs the Secretary, in consultation with specified groups, to implement a comprehensive assistance program (including existing or new programs of job training, job placement, and payments for job search and moving expenses) for employees who suffer or may suffer employment loss. Authorizes the Secretary to develop and implement retraining programs and to condition specified assistance to business concerns upon their implementation or assistance with such programs. Directs the Secretary to issue certificates of Federal procurement credit to business concerns which comply with this Act for appropriate periods if the Secretary finds that such assistance would provide additional employment opportunities through the cooperating concerns. Sets forth conditions of eligibility for assistance of business concerns, local governments, and certain employers or cooperative associations of employees. Authorizes the Secretary to provide specified forms of such assistance, giving priority to those which enable employees to continue at their present establishment. Makes such business concerns liable to local governments which lose revenue because of such changes of operations. Sets forth formulas for determining the amount of such liability. Directs the Secretary to pay such amounts to local governments if a business concern fails to do so (with such amount to be owed, with interest, to the United States by such business concern). Makes business concerns which transfer operations to an establishment outside the United States, when an economically viable alternative to such transfer exists, liable to the United States for lost revenues according to specified formulas. Sets forth criminal and civil violations and penalties. Enumerates violations of employees' rights and remedies for such violators. Directs the Secretary to: (1) recover overpayments for specified Federal assistance to employees obtained through a knowing deception; (2) maintain specified operating reserves; and (3) record mortgage security on specified loans. Provides procedures for Congressional disapproval of rules promulgated by the Secretary to carry out this Act. Directs the Secretary to make specified reports and legislative proposals to the Congress. Sets forth general powers of the Secretary in carrying out this Act. Directs the Secretary to implement this Act through the National Employment Priorities Administration. Authorizes the Secretary to delegate any function, power, or duty under this Act to the Administrator of the National Employment Priorities Administration. Establishes the National Employment Priorities Administration in the Department of Labor to: (1) perform such delegated functions, powers, and duties; (2) conduct research on the relationship between unemployment and changes of business operations; and (3) identify services and products which may profitably be provided by business concerns receiving specified assistance. Establishes the National Employment Priorities Advisory Council to: (1) advise and assist the Secretary in carrying out this Act; (2) evaluate programs under this Act; (3) study and report on those areas of future economic activity in which the United States will be at a competitive disadvantage and on industries in which many businesses may change operations; and (4) research and propose new assistance programs for employees, local governments, and business concerns. Authorizes appropriations to carry out this Act.

Bill· HRH.R. 5030 (96th)referred

Federal Bureau of Investigation Charter Act of 1979

United States · United States Congress · 31 July 1979

Federal Bureau of Investigation Charter Act of 1979 - Establishes a comprehensive Federal Bureau of Investigation Charter which sets forth the duties and responsibilities of the FBI with respect to criminal and civil investigations, undercover operations, and law enforcement support functions, but excluding foreign intelligence activities (which were specified in Executive Order 12036). Enumerates as general principles of the FBI that it: (1) conduct investigations with minimal intrusion consistent with the need to collect information or evidence in a timely and effective manner; (2) be concerned only with criminal conduct when conducting a criminal investigation; and (3) not conduct an investigation solely on the basis of the lawful exercise of Constitutional or statutory rights, including the expression of a religious or political view or the right to peacefully assemble and petition the Government. Limits the appointment of the Director of the FBI to one ten-year term. Specifies the general powers and duties of the Director, Associate Director, an Assistant to the Director, Assistant Director, Inspector, and Agent of the FBI. Authorizes the FBI to make inquiries to determine whether there is a basis for investigation and conduct an investigation on the basis of facts or circumstances that reasonably indicate that: (1) a person has, is, or will engage in an activity in violation of Federal criminal law; (2) two or more persons are engaged in a continuing enterprise for the purpose of obtaining monetary or commercial gains or profits through "racketeering activity" (defined as activity involving a violation of 18 U.S.C. 1961-1968); or (3) two or more persons are engaged in (A) terrorist activity in violation of Federal criminal law, (B) a "pattern of terrorist activity" in violation of State criminal law, or (C) terrorist activity by an enterprise whose membership is based wholly or in part in the United States that occurs totally outside the United States or transcends a national boundary and which would constitute a criminal violation if committed within Federal or State jurisdiction. Directs the Attorney General, as soon as feasible after enactment, to promulgate guidelines for such investigative authority that embody specific principles. Requires that the Department of Justice be advised of all investigations of terrorist activity and that any such investigations continuing beyond one year be reviewed at least annually by the Director. Requires that the Attorney General's guidelines protect constitutional rights and personal privacy and ensure that, as the likelihood for intrusion into privacy increases through the specific use of techniques, more formalized and higher level authorization and review procedures are required. Establishes restrictions on certain investigative techniques, including the use of informants and undercover agents, physical surveillance, mail and electronic surveillance, and access to third party records and tax information. Requires that a supervisory official of the FBI make a written finding that an informant is suitable for use on a continuing basis and that the information likely to be obtained relates to an authorized investigation. Requires the periodic review of such finding by the Director or his designee. Requires an FBI official, in determining that an informant's participation in criminal activity is justified, to state in writing that: (1) the conduct is necessary to obtain information or evidence for prosecutive purposes or to avoid death or serious bodily injury; and (2) such need outweighs the seriousness of the conduct involved (but prohibits the use of unlawful techniques to collect information). Requires that for a licensed physician, lawyer, clergyman, or member of the news media to be used as an informant that: (1) such use be expressly authorized in writing by the Director or a senior official; (2) the Attorney General or his designee be promptly notified; and (3) such person be advised that the FBI is not requesting the person to breach any legal obligation of confidentiality. Requires the FBI to determine a person's suitability for use as an informant or for providing operational assistance. Provides that an FBI employee used as an undercover agent is bound by the provisions of this Act and other laws and guidelines governing the conduct of FBI agents. Prohibits such agent from participating in any criminal activity except to: (1) obtain information or evidence necessary for paramount prosecutive purposes; (2) establish credibility; or (3) avoid death or serious bodily injury or danger to himself or another (but prohibits the use of unlawful techniques to collect information). Authorizes the FBI to use an informant or undercover agent to infiltrate a group under investigation, but requires a senior official to make a written finding to the Director that the infiltration of a group under investigation with respect to terrorist activities is necessary. Requires such finding to include a statement of means reasonably designed to minimize the acquisition of information unrelated to the matter under investigation. Requires, with respect to surveillance, that: (1) physical surveillance be directed against an identifiable individual only within the scope of investigative authority; (2) mail openings be conducted only pursuant to United States Postal Service regulations; and (3) electronic surveillance be made only in accordance with applicable law. Authorizes the FBI to issue an investigative demand: (1) for access to the records of a "financial institution" as defined in, and for use in accordance with, the Right to Financial Privacy Act of 1978 and guidelines by the Attorney General; and (2) to obtain toll records from a communications common carrier, insurance records, or records from a credit institution not encompassed by the Right to Financial Privacy Act if (A) there is reason to believe the records are relevant to an authorized investigation and (B) proper service and notice are executed. Forbids such investigative demand from making a requirement which would be unreasonable or would concern a privileged record if demanded by a subpoena duces tecum issued by a Federal court in aid to a grand jury investigation. Sets forth procedural requirements with respect to such investigative demands. Authorizes the FBI to obtain access to tax information from the Internal Revenue Service only in accordance with the confidentiality and disclosure provisions of the Internal Revenue Code. Allows the FBI to use other investigative techniques, such as trash covers, pen covers, consensual monitoring, electronic location detectors, covert photographic surveillance, and pretext interviews only in the course of a lawful investigation. Authorizes the FBI to retain information if it is relevant to an investigation or within the scope of other authorized responsibilities conferred by this Act. Specifies conditions under which the FBI may disseminate information to Federal or State or local criminal justice agencies. Directs the FBI to destroy records or deposit them in the Archives of the United States for historic preservation ten years after: (1) the termination of an investigation not leading to prosecution; or (2) termination of prosecution, with specified exceptions. Specifies the authority of the FBI to conduct undercover operations. Allows the Bureau to procure property and services for such purposes without regard to usual procurement regulations. Subjects to review by the Attorney General and the Comptroller General the liquidation of any sizeable property. Authorizes the FBI to collect information to assist the Attorney General in determining whether the use of Federal troops or other Federal assistance is required: (1) concerning an actual or threatened civil dispute to enforce Federal law or court orders or which may result in the request for such assistance by State authorities; or (2) relating to a peaceful public demonstration that is likely to require Federal action with respect to public health and safety upon the specific approval of the Attorney General or his designee. Requires such information to be collected from publicly available sources whenever possible and prohibits the use of certain investigatory techniques. Requires the information to be stored in a manner that minimizes its retrieval by reference to a specific individual. Authorizes the FBI to conduct background investigations of an individual who has: (1) consented to be considered for nomination to an office requiring the advice and consent of the Senate; (2) consented to be appointed to a position in the Executive Office of the President that will require access to classified information; (3) consented to be considered for nomination by the President as a justice or judge; (4) applied for employment in the FBI or in a position in the Department of Justice requiring such investigation; (5) applied for a Presidential reprieve or pardon; or (6) is designated by the Attorney General as requiring access to classified information. Authorizes the FBI to conduct an investigation on a reimbursable basis of an individual on the staff of: (1) the Appropriations or Judiciary Committees of Congress; (2) the Select Committees on Intelligence of Congress; (3) the Speaker of the House; (4) the President pro tempore of the Senate; or (5) the majority or minority leader of either House. Authorizes the FBI to conduct an investigation on a reimbursable basis of certain judicial officers and to assist other Federal agencies conducting background investigations with respect to job applicants, contractors, persons requiring access to classified defense information, persons having access to a person or premises within the protective responsibility of the United States Secret Service, applicants for Federal grants or loans (to the extent authorized by the Attorney General or his designee), or persons requiring access to a Federal computer system subject to clearance. Enumerates other special service functions of the FBI, including those related to congressional committees, grand jury investigations, other protective services, and investigative assistance to other Federal, State, or local law enforcement agencies. Authorizes the FBI to: (1) train its own employees and law enforcement and criminal justice personnel of other Federal agencies, State or local agencies, foreign governments, and members of the United States Armed Forces; (2) conduct research and development to improve law enforcement and to procure equipment and systems for its authorized law enforcement functions; (3) establish and maintain liaison with, and provide mutual assistance to, a foreign law enforcement agency consistent with guidelines established by the Attorney General; (4) provide technical assistance at the request of a Federal, foreign, State, or local government agency; (5) provide personnel, informational, investigative, and technical assistance to the United States Secret Service in connection with its protective responsibilities; and (6) collect and classify various types of civil and criminal records, such as civil and criminal fingerprint records, records concerning fugitives, and missing person records, and to exchange such information with law enforcement agencies of the Federal, foreign, State, or local governments. Authorizes the FBI to exchange criminal fingerprint records and criminal history information with Federal, foreign, State, or local agencies, and other entities, with respect to licensing, the administration of visa, immigration, or passport laws, federally insured financing, and securities regulation. Allows unsolicited information about an identifiable person which does not pertain to authorized FBI responsibilities to be retained only for the limited period necessary for administrative processing. Allows the Director to impose a civil penalty up to $5,000 on any person who intentionally uses sensitive investigative techniques in knowing violation of this Act while acting as an employee of the FBI (such penalty to be in addition to others prescribed by law). Stipulates that nothing in this Act, including any guidelines established pursuant to this Act, creates any substantive or procedural rights, and no court has jurisdiction over a claim in any proceeding, based solely on violations of its provisions. Requires guidelines promulgated by the Attorney General to be made public, except upon a determination that a particular guideline if made public would jeopardize the investigative process. Exempts from public disclosure procedures which would assist a criminal to avoid detection or would compromise sensitive investigative techniques. Directs the Attorney General to provide to the Judiciary Committees of Congress information concerning the implementation of this Act, and, on an annual basis: (1) the total number of investigations conducted in the preceding year; and (2) the total number of activities conducted in the preceding year requiring approval of the Director or the Attorney General. Directs the Attorney General to submit to such committees for review specified guidelines. Requires the Director to review periodically the application of all guidelines to insure that they are complied with and achieve their purposes. Charges the Attorney General with protecting the integrity of investigative files and the confidentiality of informants, undercover operations, and other sensitive investigative techniques. Prohibits a court from ordering a Government attorney or other Department of Justice official to disclose the identity of a confidential informant or information which would reveal such identity, except to the court in camera, if the Attorney General has determined that the informant's identity must be protected. Authorizes the Attorney General and the FBI to investigate any violation of Federal criminal law involving a Government officer or employee. Requires any information received in an executive agency relating to such a violation to be expeditiously reported to the Attorney General, unless otherwise provided for by law. Stipulates that such investigative authority does not limit the authority of the military departments to investigate offenses pursuant to the Uniform Code of Military Justice or the primary authority of the Postmaster General to investigate postal offenses. Makes it the duty of the Attorney General to take all reasonable steps to insure that FBI investigations conform with statutory and constitutional law.

Law· HRH.R. 4986 (96th)open

Depository Institutions Deregulation and Monetary Control Act of 1980

United States · United States Congress · 27 July 1979

Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.

Bill· HRH.R. 4981 (96th)referred

A bill to establish the Citizens' Commission for the Commemoration of the Federal Government Bicentenary Era for the purpose of encouraging and providing activities to commemorate the development of the Federal Government during the period 1776-1800.

United States · United States Congress · 26 July 1979

Establishes the Citizen's Commission for the Commemoration of the Federal Government Bicentenary Era to: (1) stimulate interest in the events relating to the development of the Federal Government during the years of 1776 through 1800; and (2) provide and coordinate activities to commemorate those events. Requires the Commission to submit to the President, Congress, and the Chief Justice of the United States an annual report on the activities and accounting of funds of the Commission. Requires a final report to be submitted by June 30, 2001. Terminates the Commission on the date the final report is submitted.

Law· HRH.R. 4943 (96th)open

A bill granting the consent of Congress to the compact between the States of New York and New Jersey providing for the coordination, facilitation, promotion, preservation and protection of trade and commerce in and through the Port of New York District through the financing and effectuation of industrial development projects.

United States · United States Congress · 24 July 1979

Interstate Compact - Grants the consent of Congress to the compact between the States of New York and New Jersey which provides for the promotion and preservation of commerce in and through the Port of New York District by financing industrial development projects.

Bill· HRH.R. 4789 (96th)referred

A bill to stimulate research and development aimed at the production of gasohol as an alternative energy source by establishing national demonstration facilities for the conversion of garbage and other solid wastes into fuels, to be constructed by the Secretary of Energy under the Federal Nonnuclear Energy Research and Development Act of 1974.

United States · United States Congress · 13 July 1979

Directs the Secretary of Energy to construct and operate national demonstration facilities for the conversion of garbage and other solid waste materials into fuels. Sets forth requirements for the siting and operating of such facilities, and specifies that one such facility shall be located in New Jersey.

Bill· HRH.R. 4791 (96th)referred

A bill to amend the Department of Energy Organization Act to encourage the domestic development and production of synthetic fuels.

United States · United States Congress · 13 July 1979

Amends the Department of Energy Organization Act to declare national goals for the domestic production of synthetic fuels and synthetic chemical feedstocks. Directs the Secretary of Energy to acquire for use or resale by the United States Government not less than 1,000,000 barrels per day crude oil equivalent of synthetic fuels and synthetic chemical feedstocks within a specified period. Authorizes the Secretary to contract for purchases of such fuels and feedstocks and to provide for the development and production thereof for national defense preparedness. Sets forth terms and conditions for such contracts. Directs the Secretary to install additional equipment and facilities in federally-owned industrial facilities and to organize corporations for the purposes of achieving the goals set forth under this Act. Directs the Secretary to require suppliers to provide such fuels and feedstocks and to install Government-owned equipment in privately-owned industrial facilities when the President deems it necessary for national defense purposes. Establishes in the United States Treasury a synthetic fuel fund for the purpose of carrying out the programs authorized by this Act. Directs each Federal officer and agency responsible for issuing permits or other authorizations for construction or operation of synthetic fuel and synthetic chemical feedstock facilities to expedite actions necessary for such issuance or authorization, upon receipt of a timely application from prospective applicants. Directs Federal agencies involved in the approval of such projects to submit to the Secretary: (1) a compilation of all significant actions required by such agency before rendering a decision on such projects; (2) a compilation of all actions required of the applicant; (3) a tentative schedule for completing agency and applicant actions; and (4) all necessary application forms required for such approval. Directs the Secretary to publish a Facility Decision Schedule setting deadlines for all such actions. Authorizes the President to act in lieu of any Federal agency failing to meet its deadline. Authorizes the Secretary to establish deadlines for Federal agency action which are shorter than the minimum period required under existing legislation in cases of exceptional national need. Requires the Secretary to certify the proper completion of all Federal agency actions and approvals necessary to the completion of such projects. Directs the Secretary to notify the Governor of any State selected for the siting of such projects and to request the Governor to supply information as to significant State and local actions required before such projects can be completed. Authorizes the Secretary to propose a voluntary decision schedule to assist State and local authorities in coordinating their actions with Federal actions. Directs the Secretary to recommend to a State Governor and to the Congress actions to alleviate or prevent any delays in a project schedule created or threatened by any State or local government. Limits judicial review of Federal agency actions made under this Act to claims alleging that an action taken pursuant to this Act will deny constitutional or statutory rights or exceed statutory jurisdiction, authority, or limitations. Sets time limits for filing appeals or petitions for review of actions taken pursuant to this Act, and bars any challenges to such actions which are not in conformance with these actions. Stipulates that such challenges shall be brought in the United States courts of appeals for the circuit where the project would be located, and grants exclusive original jurisdiction to such courts in such matters. Directs such courts to give precedence to such matters over all other matters on the docket. Authorizes the Supreme Court to review interlocutory judgments or orders of the court of appeals pursuant to this Act and directs the Supreme Court to give precedence to such matters to the greatest extent practicable. Amends the Government Corporation Control Act to include corporations formed pursuant to this Act within the definition of 'wholly owned Government corporation.'

Bill· HRH.R. 4745 (96th)referred

Classified Information Procedures Act

United States · United States Congress · 11 July 1979

Classified Information Procedures Act - Sets forth pretrial, trial, and appellate procedures for criminal cases involving classified information. Requires a court, on its own motion or on the motion of any party, to hold a pretrial conference to consider matters relating to classified information or which may promote a fair and expeditious trial. Directs the court, upon the request of the Government, to issue a protective order with respect to any classified material disclosed to the defendant. Requires the court, upon motion of the Government, to authorize: (1) the deletion of specified items of classified information from documents to be made available to the defendant; (2) the substitution of a portion or summary of the information for such classified documents; or (3) the substitution of a statement admitting relevant facts that the classified information would tend to prove, unless the court determines that disclosure of the classified information is necessary to enable the defendant to prepare for trial. Requires a defendant who reasonably expects to disclosed classified material in any trial or pretrial proceeding to notify the Government attorney and the court in writing. Allows the Government upon such notification to move for an in camera proceeding, upon a demonstration in an ex parte proceeding that the disclosure of the information reasonably could be expected to cause damage to the national security in the degree required to warrant classification under the applicable Executive order, statute, or regulation. Requires the Government, prior to any in camera proceeding which is ordered, to provide the defendant with notice of the information that will be at issue. Provides that information may not be disclosed or elicited at a pretrial or trial proceeding unless the court makes a specific, written determination that the information is relevant and material to an element of the offense or a legally cognizable defense. Requires upon determination that the information may not be disclosed that the record of the hearing be sealed and preserved in the event of an appeal. Allows the defendant to seek reconsideration prior to or during trail. Allows the Government, where the court permits disclosure of the information, to proffer a statement admitting for purposes of the proceeding any relevant facts such information would tend to prove or to submit a portion or summary to be used in lieu of the information. Directs the court to order such substitute to be used unless it finds that the use of the classified information is necessary to afford the defendant a fair trial. Directs the court, upon a determination that the alternatives to full disclosure may not be used and the Government continues to object to the disclosure, to issue any order which the interests of justice require, including striking part of the testimony, declaring a mistrial, or dismissing the action. Allows the Government to make an interlocutory appeal to a court of appeals from a decision of the district court: (1) requiring disclosure; (2) imposing sanctions for nondisclosure; or (3) refusing a protective order by the United States to prevent disclosure. Sets forth an expedited procedure for consideration of such an appeal. Allows writings, recordings, and photographs containing classified information to be admitted into evidence without change in their classification status. Authorizes the court to take measures to prevent unnecessary disclosure of classified information in admitting such information into evidence. Directs the court, following an objection by the Government to a question or line of inquiry requiring a witness to disclose classified information not previously found to be admissible to take suitable action to determine whether the response will safeguard against the compromise of any classified information. Directs the Chief Justice, in consultation with the Attorney General, the Director of Central Intelligence, and the Secretary of Defense, to prescribe security procedures for protection of classified information submitted to Federal courts. Amends the Jencks Act to allow a summary to be substituted for the statement which the Government is required to give the defense relating to testimony by Government witnesses, where portions of such statement contain classified information.

Resolution· HCONRESH.Con.Res. 158 (96th)referred

A concurrent resolution relative to issuing a commemorative stamp in honor of Philip Mazzei, and for other purposes.

United States · United States Congress · 10 July 1979

Declares it the sense of Congress that the Postmaster General and the Citizens Stamp Advisory Committee should give favorable consideration to the issuance of a commemorative postage stamp in honor of Americans of Italian descent and the 250th anniversary of the birth of Philip Mazzei on December 25, 1980, or as soon as possible thereafter. States that the Postmaster General and the Committee should honor other foreign-born contributors to the revolutionary cause, from countries which have not yet been commemorated, prior to the conclusion of the American Bicentennial celebration in 1983.

Bill· HRH.R. 4631 (96th)referred

Animal Welfare Act Amendments of 1979

United States · United States Congress · 27 June 1979

Animal Welfare Act Amendments of 1979 - Amends the Animal Welfare Act to prohibit coursing (the use of live animals as visual lures in dog racing and training). Sets forth the penalties for violation of this Act. Exempts any dog trained by the use of any live visual lure, or sponsored or exhibited in a coursing venture, or any animal used as a live visual lure in a coursing venture before the effective date of this Act from the provisions of this Act.

Bill· HRH.R. 4586 (96th)referred

Trucking Competition and Safety Act of 1979

United States · United States Congress · 22 June 1979

Trucking Competition and Safety Act of 1979 - Title I: Motor Carrier Policy - Directs the Interstate Commerce Commission in carrying out its functions with respect to motor carriers of property and freight forwarders to consider the following as being in the public interest: (1) maximum reliance on competitive market forces to provide transportation services; (2) the improvement of truck safety; (3) reduced concentration of market power; (4) the reduction of regulatory barriers to entry into the industry; (5) the encouragement of entry to and additional service for small and isolated communities; and (6) strengthening of smaller carriers to ensure efficient service and to promote competition. Stipulates that, where a motor carrier's certificate authorizes the carrier to provide transportation between any two points but only in one direction, or between points but without authority to make intermediate stops, the Commission shall revise such authority to permit transportation between the two points in either direction and to permit intermediate stops. Authorizes a motor carrier providing regular route service to automatically add to its authority on a yearly basis in accordance with procedures and standards developed by the Commission which will emphasize increasing opportunities for new or better service to smaller and isolated communities and which will be so structured as to minimize the need for Commission intervention. Directs the Commission to develop a program to allow motor carriers of property to provide more direct service between any points authorized in their certificate, regardless of any gateway or route requirements in such certificates. Prohibits the Commission from requiring carriers to serve a single shipper or plant, or from requiring that a carrier provide transportation via a designated route or through a designated locality. Directs the Commission to provide for the gradual phaseout over a three-year period of all Commission restrictions on commodities or categories of commodities that may be carried by motor carriers of property. Authorizes a motor carrier to petition the Commission to remove a commodity restriction, to broaden the categories that the carrier may transport or to allow it to provide transportation over a less circuitous route or in a less costly fashion. Directs the Commission to approve such an application within 90 days unless it is proven by an opponent to the application that such a change is not consistent with the public convenience and necessity as determined by this Act. Revises the conditions for certification of motor carriers of property. Stipulates that a finding that an application for certification is consistent with the public convenience and necessity shall not be required in order to provide service between points not served by another certificated motor carrier of property, to provide service as a substitute for abandoned rail service, or to transport shipments weighing no more than 500 pounds. Directs the Commission in determining whether service is consistent with the public convenience and necessity to disregard any possible diversions of revenues or traffic of other carriers. Directs the Commission to accord substantial weight in favor of an application where such service would be reasonably likely to: (1) lower the applicant's average operating costs; (2) improve the applicant's equipment utilization, fuel efficiency, or service; (3) meet user or consumer preference; (4) improve service to small communities; or (5) generally improve the competitive climate of the area to be served. Places the burden of showing that an application for service is inconsistent with the public convenience and necessity on an opponent of such application. Places restrictions on the right of a motor carrier of property to challenge such applications. Sets forth time limits during which the Commission must reach a decision on such applications. Stipulates that if a decision is not reached within such period the application shall be deemed as granted. Exempts, with specified exceptions, motor vehicles controlled by cooperative associations from the Commission's jurisdiction. Exempts from the Commission's jurisdiction: (1) food and edible products whether processed or not which are intended for human consumption; (2) livestock and poultry feed; (3) agricultural seeds, plants, limestone, soil conditioners, fertilizers, and chemicals; and (4) farm tractors and farm machinery. Authorizes the Commission to make further exemptions if such an exemption is consistent with the transportation policy set forth in this Act. Authorizes contract carriers of property to establish through routes and joint rates with other carriers. Stipulates that with regard to applications to become a motor contract carrier or freight forwarder the applicant shall have the burden of showing that he or she is fit, willing, and able to perform such service. Stipulates that in determining whether or not the application is consistent with the public interest and national transportation policy, the opponent, if any, shall have the burden of proof. Sets forth a range of rate increases and decreases for motor common carriers of property or freight forwarders which the Commission may not find to be unreasonable. Sets forth factors which the Commission is to take into account when prescribing a rate, classification, rule, or practice for transportation or service by a carriers or freight forwarder. Stipulates that the Commission may only investigate motor carrier rates upon complaint. Makes rate bureaus for motor carriers of property and freight forwarders subject to the antitrust laws. Prohibits the Commission from suspending any proposed rate increase or decrease if such proposed new rate falls within the zone of reasonable rates established by this Act. Prohibits the Commission from suspending any other proposed rate changes unless it can be shown by a verified complaint of a person that the complainant would incur substantial injury without such a suspension and that it is likely that the complainant will prevail on the merits. Limits such a suspension to a maximum period of three months. Stipulates that with respect to rates filed before January 1, 1984, the Commission may not require more than 15 days prior notice of any rate change by a motor common carrier of property or freight forwarder. Authorizes the Commission to reduce time period if it finds that such a reduction would be in the public interest. Stipulates that after January 1, 1984, all such rates may become effective upon publication. Prohibits the Commission from approving consolidation, merger, or acquisition of control agreements with respect to motor carriers of property if the Commission finds that as a result of such a transaction there is likely to be a substantial lessening of competition, creation of a monopoly, or a restraint of trade unless the Commission finds that the anticompetitive effects of the transaction are outweighed by significant transportation needs that cannot be satisfied by a reasonably available alternative having materially less anticompetitive effects. Removes the Commission's jurisdiction with regard to such transactions five years after the enactment of this Act. Exempts from the Commission's jurisdiction motor transportation to and from a domestic air carrier that is part of a combined surface and air movement of freight. Removes entry and rate controls over truckload motor carriers two years after the effective date of this Act. Directs the Secretary of Transportation, in cooperation with the Interstate Commerce Commission and the Department of Justice, to prepare and submit to Congress by January 1, 1983, a report on the implementation of this Act and whether continued regulation of the trucking industry is required. Removes the Commission's authority over securities for motor carriers of property. Title II: Commercial Motor Vehicle Safety - Directs the Commission to seek the advice of the Secretary of Transportation with regard to the safety-related aspects of whether a person is fit, willing, and able to provide transportation services. Stipulates that the Commission shall be bound by the Secretary's determination. Stipulates that this requirement shall not apply to transportation brokers or water carriers. Sets forth time limits and procedures regarding such determinations by the Secretary. Authorizes the Secretary to suspend the transportation authority of individuals who, because of safety-related matters, are no longer fit, willing, and able to provide transportation services. Sets forth procedural requirements for such suspensions. Provides for judicial review of determinations made by the Secretary pursuant to this Act. Authorizes the Secretary to promulgate regulations regarding safety-related aspects of transportation services. Directs the Secretary to establish rules, regulations, and standards to assure the safe operation of commercial motor vehicles. Authorizes the Secretary to conduct such research, development, demonstration, and training activities as may be necessary to develop such rules and regulations. Grants the Secretary the authority to enter upon, inspect, and examine facilities, equipment, operations, and records without advance notice to carry out the Secretary's responsibilities under this Act. Requires a warrant for such an entry or inspection except under specified circumstances. Sets forth procedures and requirements for obtaining such warrants. Sets forth civil and criminal penalties for violations of this title, violations of regulations issued under this Act, or violations of any other regulations administered by the Bureau of Motor Carrier Safety. Authorizes a State to regulate commercial motor vehicle safety unless the Secretary has adopted a rule, regulation, standard, or order regulating that aspect of motor vehicle safety. Authorizes a State to adopt additional or more stringent regulations so long as they do not create an undue burden on interstate commerce and are not incompatible with Federal regulations. Requires the Secretary to timely investigate nonfrivolous complaints alleging material violations of commercial vehicle safety rules or regulations. Prohibits an employer from discriminating against an employee for making such a complaint for testifying with regard to such a complaint, or for refusing to operate a vehicle where such operation would constitute a violation of Federal motor carrier safety standards. Authorizes the Secretary to make grants to States for the development or implementation of programs for the enforcement of commercial motor vehicle safety standards. Authorizes appropriations for fiscal years 1981, 1982, and 1983 to carry out such grant program. Title III: Miscellaneous - Sets forth the effective date of this Act.

Bill· HRH.R. 4568 (96th)referred

Defense Production Act Amendments of 1979

United States · United States Congress · 21 June 1979

Defense Production Act Amendments of 1979 - Amends the Defense Production Act of 1950 to authorize the President to allow the Department of Energy and the Tennessee Valley Authority to guarantee loans for the purpose of expediting deliveries or services with respect to national defense contracts. Increases the maximum loan which any Federal agency may guarantee under such Act without the approval of Congress from $20,000,000 to $38,000,000. Requires notification to specified Congressional committees of any proposed obligation above such limit. Authorizes the agency involved to guarantee such a loan if neither House of Congress disapproves of such action within a specified time. Authorizes the President to provide loans to private business enterprises for the production of energy. Increases the ceiling for loans made to private enterprises pursuant to such Act from $25,000,000 to 48,000,000. Extends the President's power under such Act to purchase raw materials for the national defense through fiscal year 1995. Directs the President to attempt to achieve a national production goal of at least 500,000 barrels per day crude oil equivalent of synthetic fuels and synthetic chemical feedstocks within five years. Authorizes and directs the President to require fuel and chemical feedstock suppliers to provide synthetic fuels and synthetic chemical feedstocks in any case where the President deems it practicable and necessary to meet national defense needs. Authorizes the President, in carrying out these objectives, to: (1) contract for purchases or commitments to purchase synthetic fuels and synthetic chemical feedstocks which may be for Government use or resale; and (2) encourage the development and production of such synthetic fuels and feedstocks for national defense preparedness. Terminates the President's authority to enter into such contracts at the end of fiscal year 1995. Sets forth procedures for the awarding and performance of such contracts. Authorizes the President to organize corporations to meet the production goal for synthetic fuels and feedstocks as set forth in this Act. Sets forth Congressional oversight measures with respect to the formation of such corporations. Authorizes appropriations of $2,000,000,000 for synthetic fuel and feedstock contracts as authorized pursuant to this Act. Extends specified provisions of such Act through fiscal year 1980.

Bill· HRH.R. 4507 (96th)referred

A bill to amend title IV of the Higher Education Act of 1965 to provide for the exchange of information concerning defaulting student borrowers with credit bureau organizations to promote responsible repayment of Federal student loans.

United States · United States Congress · 18 June 1979

Amends the Higher Education Act of 1965 to direct the Commissioner of Education to enter into agreements with credit bureau organizations providing for the exchange of information concerning defaulting student borrowers. States that such agreements: (1) shall provide for disclosure by the Commissioner to such credit organizations; and (2) may provide for the disclosure, by such credit organizations to the Commissioner, of information concerning the defaulting borrower's address and other relevant information. Directs the Commissioner, within 90 days of enactment of this Act, to establish a system for the prompt notification to a defaulting borrower of any disclosure made under this Act. Includes notice of such system of disclosure to credit organizations among the terms of the written agreement evidencing: (1) a federally-guaranteed student loan made more than 180 days after enactment of this Act; (2) subsidy payments for such loans to State and nonprofit private institutions made more than 180 days after enactment of this Act; (3) Federal contributions to an institution for direct student loans; and (4) a direct student loan to an eligible student from his or her institution made more than 180 days after enactment of this Act.

Bill· HRH.R. 4465 (96th)referred

Youth Employment Act of 1979

United States · United States Congress · 14 June 1979

Youth Employment Act of 1979 - Title I: Amendments to Title IV of the Comprehensive Employment and Training Act - Establishes a program of guarantees of employment and training for disadvantaged youth under the Comprehensive Employment and Training Act (CETA). Ends the program of demonstration projects designed to demonstrate the efficacy of the employment guarantee program. Adds, as a condition of eligibility for participation in such program, the requirement that a disadvantaged youth be from a rural or urban "poverty area" as such term is described in this Act. Directs the Secretary of Labor to enter into arrangements with public and nonprofit private agencies to provide employment and training services under this Act when no application of a prime sponsor has been submitted or approved, or when the approval of a prime sponsor has been terminated. Directs the Secretary to submit to Congress a plan for the establishment of such youth incentive entitlement programs throughout the United States by a specified date. Authorizes appropriations for the payment of prime sponsor entitlements for programs under this Act for fiscal years 1981 through 1984. Authorizes the use of up to 20 percent of funds for such programs for youths who do not meet the stated eligibility requirements, but who have encountered barriers to employment. Authorizes the Secretary to provide financial assistance to programs of community conservation and improvement youth employment projects to be carried out by eligible youths and appropriate supervisory personnel. Authorizes appropriations to carry out certain youth and employment training programs for fiscal years 1981 through 1984. Repeals the provision for the distribution of funds among the various programs established under this Act. Requires prime sponsors to assist each youth in such youth employment programs to establish a personalized employability plan. Authorizes appropriations for fiscal year 1981 and thereafter to provide additional nonresidential Job Corps opportunities in nonresidential institutional skill centers for youth residing in high unemployment or economically disadvantaged areas. Authorizes the Secretary to enter into cooperative agreements for youth employment with Federal agencies. Directs the Secretary to reimburse such agencies for such projects. Sets forth criteria by which the eligibility of such projects for funds under this Act shall be determined. Authorizes the Secretary to enter into agreements with Federal executive agencies, the Postal Service, or the Postal Rate Commission to provide youth employment. Sets forth eligibility standards and conditions of employment for project enrollees. Authorizes appropriations for fiscal years 1981 through 1984 for such Federal youth employment projects. Title II: Amendments to Title VII of the Comprehensive Employment and Training Act - Permits prime sponsors, with the approval of the Secretary, to establish programs of providing demonstration grants from specified funds to private employers for community service projects approved by private industry councils, with any profits to be used to further the purposes of the projects. Authorizes appropriations for such grants for fiscal years 1981 and 1982. Declares that, for the purposes of any other law: (1) no activity for the employment or training of youths under age 25 conducted under the Comprehensive Employment and Training Act shall be deemed to be on-the-job training; and (2) no funds received by any employer with respect to any such activity shall be deemed to be funds received from the Federal Government for purposes of on-the-job training. Title III: Work Incentive Extension - Authorizes the Secretaries of Health, Education, and Welfare and of Labor to carry out the work incentive program under Title IV (Grants to States for Aid and Services to Needy Families with Children and for Child Welfare Services) of the Social Security Act from sums authorized to be appropriated by this Act without regard to non-federal matching fund requirements. Authorizes appropriations for fiscal years 1981 through 1984 for the work incentive program for parents under age 22 who volunteer to participate in such program under the Social Security Act. Title IV: Interagency Coordinating Committee for Youth Employment - Youth Employment Coordination Act of 1979 - Establishes in the executive branch an Interagency Coordinating Committee for Youth Employment to assist interagency cooperative projects to improve the employability of disadvantaged youth. Limits the amount of Federal funds available for such projects to ten percent of the total estimated project cost. Authorizes appropriations for the Committee and such projects for fiscal years 1981 through 1983. Title V: Wagner-Peyser Act Amendment - Requires States applying for certain funds under the Wagner-Peyser Act to submit to the Secretary a plan supplement for general employment services for youth and in-school service to assist youths in the transition from school to working life. Authorizes the Secretary to operate such programs in States which do not submit such supplements. Sets forth formulas (based on numbers of youth and of economically disadvantaged youth) for allocating funds for such programs. Authorizes appropriations for fiscal year 1981 and thereafter for such programs. Title VI: Apprenticeship Act Amendment - Amends the National Apprenticeship Act to direct the Secretary of Labor to: (1) designate essential occupations suitable for training through apprenticeship and other occupations which underutilize apprenticeship; (2) establish research, development, and demonstration projects for apprenticeship programs in emerging or nontraditional apprenticable occupations; (3) provide assistance and training for certain personnel needed to provide additional apprenticeship positions in certain occupations; and (4) reimburse the costs attributable to training apprentices in certain occupations for one-half of the normal term of such apprenticeship. Authorizes appropriations for fiscal year 1981 and thereafter for such reimbursement. Requires that Federal procurement contracts include a provision requiring: (1) the employment of a reasonable number of apprentices (as prescribed by the Secretary by regulation), to the extent that craft persons are to be employed in apprenticable occupations; and (2) the indenture of such apprentices to a registered program of apprenticeship. Directs the Secretary, in consultation with the Office of Personnel Management, to promote the establishment of apprenticeship programs in Federal agencies.

Bill· HRH.R. 4459 (96th)referred

A bill to provide for the issuance of a commemorative postage stamp in honor of Americans of Italian descent and the 250th anniversary of the birth of Filippo Mazzei on December 25, 1980, or as soon as possible thereafter.

United States · United States Congress · 14 June 1979

Directs the Postmaster General to issue a special postage stamp in honor of Filippo Mazzei, and in tribute to the millions of Americans of Italian descent who have played an important role in American history.

Bill· HRH.R. 4395 (96th)reported

Public Disclosure of Lobbying Act of 1979

United States · United States Congress · 8 June 1979

Public Disclosure of Lobbying Act of 1979 - Requires each organization which expends more than $5,000 per quarter year for lobbying purposes to register with the Comptroller General and to update annually such registration. Requires the identification of certain persons retained for such lobbying purposes. Requires such organization to file quarterly reports concerning such lobbying activities including: (1) listing of total lobbying expenditures including each expenditure over $35 made to or for the benefit of any Federal officer, congressional employee, or Member of Congress; (2) the identification of retainees of an organization or certain employees making lobbying communications and the disclosure of certain expenditures; (3) a description of the issues for which such an organization has lobbied; and (4) known business contacts with the person whom such organization is attempting to influence. Requires that the final quarterly report identify by amount each organization which contributed $3,000 or more to the reporting organization, unless the reporting organization proves that such identification would subject the contributing organization to harassment. Exempts certain tax-exempt organizations from such reporting requirement. Specifies duties of the Comptroller General concerning the management of such disclosed information which include making copies of each registration and report required by this Act available for public inspection and copying. Makes any person who knowingly violates the registration, recordkeeping, or reporting requirements of this Act subject to a civil penalty not to exceed $100,000. Authorizes the Attorney General to institute a civil action to compel compliance with all such requirements. Directs Attorney General to notify and consult a person suspected of violating such requirements before commencing such action. Authorizes the Attorney General to issue a civil investigative demand requiring a person suspected of violating this Act to produce specific documentary material. Sets forth the procedure governing the service of such a demand and the custody of the documentary material. Permits the Attorney General to petition the court for an order to enforce such demand and permits the person served with such demand to petition for a court order to modify the demand. Directs the Comptroller General to transmit reports to the President and each House of the Congress no later than March 31 of each year concerning activities under this Act. Provides a Congressional veto of rules and regulations promulgated by the Comptroller General pursuant to this Act. Repeals the Federal Regulation of Lobbying Act and specified provisions of the Legislative Reorganization Act. Authorizes to be appropriated $1,600,000 for each of the fiscal years 1981-1983.

Law· HJRESH.J.Res. 353 (96th)open

A joint resolution congratulating the men and women of the Apollo Program upon the tenth anniversary of the first manned landing on the Moon and requesting the President to proclaim the period of July 16 through 24, 1979, as "United States Space Observance".

United States · United States Congress · 5 June 1979

Congratulates the men and women of the Apollo program upon the tenth anniversary of the first manned landing on the Moon and requests the President to designate the period of July 16 through July 24, 1979, as "United States Space Observance" in honor of such event.

Bill· HRH.R. 4297 (96th)referred

A bill to amend section 1875 of title 28, United States Code, with respect to the appointment and compensation of counsel for a juror claiming a violation by his employer of rights guaranteed by such section.

United States · United States Congress · 4 June 1979

Amends the protection of jurors' employment provisions to permit the court to award attorneys' fees to a prevailing employee who brings an action by retained counsel. Authorizes the court to: (1) assess against a defendant employer any attorneys' fees and expenses incurred by the court on behalf of a prevailing employee; and (2) award attorneys' fees to a prevailing employer only if the court determines the action is frivolous, vexatious, or brought in bad faith.

Bill· HRH.R. 4278 (96th)referred

False Identification Crime Control Act of 1979

United States · United States Congress · 31 May 1979

False Identification Crime Control Act of 1979 - Prohibits the use or supply of false documentation, false information, or birth or immigration documents of another, for purposes of obtaining a Federal document containing an element of identification. Forbids commerce in such information, documentation, or official documents for purposes of securing a State or local government document containing an element of identification. Proscribes specified acts relative to: (1) forgery, counterfeiting, or alteration of Federal, State, or local government document containing an element of identification; (2) interstate or foreign commerce in any such counterfeited, forged, or altered document; and (3) receipt, possession, use, or furnishing of any such document with intent to secure false official identification.

Bill· HRH.R. 4257 (96th)reported

Victims of Crime Act of 1979

United States · United States Congress · 30 May 1979

Victims of Crime Act of 1979 - Directs the Attorney General to make grants to qualifying State programs for the compensation of victims of crime. States that grants made under this Act shall total 25 percent of the allowable compensation paid to victims and dependent survivors of victims of State crimes designated by the State as appropriate for compensation under this program and 100 percent of the allowable compensation paid to victims and dependent survivors of victims of crimes which would constitute designated State crimes except for the fact that the crime is subject to exclusive Federal jurisdiction. Establishes an Advisory Committee on Victims of Crime to advise the Attorney General with respect to the administration of this Act and the compensation of victims of crime. Requires that such programs: (1) offer compensation for personal injuries suffered as a result of qualifying State and Federal crimes; (2) offer compensation to surviving dependents of persons whose deaths resulted from such crimes; (3) grant claimants the right to a hearing; (4) require cooperation with law enforcement agencies as a condition for recovery; (5) do not require claimants to accept welfare benefits; and (6) require denial or reduction of a claim where the victim contributes to the injury suffered. Requires such States to have in effect laws which: (1) subrogate the State to any claim the victim or dependent has against the perpetrator to the extent of the amount compensated by the State; (2) provide for restitution by the perpetrator of the crime; (3) require proceeds earned for interviews or articles by an individual charged or convicted of a crime to be deposited in escrow for the benefits of the victim or dependents of such crime; (4) require law enforcement agencies to take reasonable care to inform victims of qualifying crimes of compensation programs; and (5) assess upon persons convicted of qualifying crimes court costs of at least five dollars. Sets forth specified expenses that may not be included in the State program's cost of paying compensation when determining the amount of the grant for which such program is eligible. Directs the Attorney General to submit to Congress a report with respect to each qualifying State program, and the activities of the Attorney General in carrying out this Act.

Bill· HRH.R. 4237 (96th)referred

A bill to amend the Commodity Credit Corporation Charter Act to create within the Commodity Credit Corporation a National Grain Board, to provide the highest possible prices in foreign markets for American agricultural producers, to provide price and supply stability in domestic markets, and for other purposes.

United States · United States Congress · 24 May 1979

Amends the Commodity Credit Corporation Act to designate the Commodity Credit Corporation as the seller or marketing agent for all export sales of wheat, feed grains, rice, and soybeans. Allows an exporter to enter into a sale for export of any such commodity only if it is purchased from the Corporation and such sale is approved by the Corporation. Prohibits any contract for sale of a commodity at less than its established price. Establishes a civil penalty for violations of this Act. Authorizes the Board of Directors of the Corporation, acting as the National Grain Board, to negotiate such export sales, to barter such commodities for other goods, to accept purchase bids from foreign purchasers, and to offer selling bids in the world market. Permits the Corporation to acquire commodities on the domestic market to meet the objectives of this Act, and to establish reserves to meet future export sales. Establishes in the Treasury of the United States a revolving Export Sales Fund to receive revenues made by the Corporation in such sales in excess of costs. Allocates the moneys in such Fund for the making of deficiency payments under the Agricultural Act of 1949 with respect to the agricultural commodities concerned. Allocates ten percent of such Fund to establish and maintain a reserve to provide international famine relief assistance. Requires the Secretary of Agriculture, at the beginning of each crop year, to increase the established price of an agricultural commodity, according to a specified formula, if any moneys in the Export Sales Fund are derived from such commodity. Directs the Secretary to establish a permanent advisory committee to advise the Secretary, the Corporation, and the National Grain Board. Requires the Corporation to make statistics and other information concerning export sales available to the public on a quarterly basis.

Bill· HRH.R. 4049 (96th)passed

Amendments to Section 7 of the Clayton Act of 1979

United States · United States Congress · 10 May 1979

Amendments to Section 7 of the Clayton Act of 1979 - Amends the Clayton Act to empower the Department of Justice to contest mergers: (1) involving entities other than corporations; and (2) involving activities indirectly affecting commerce.

Bill· HRH.R. 4050 (96th)passed

Antitrust Civil Process Act Amendments of 1979

United States · United States Congress · 10 May 1979

Antitrust Civil Process Act Amendments of 1979 - Amends the Antitrust Civil Process Act to authorize the Attorney General or the Assistant Attorney General in charge of the Antitrust Division to issue civil investigative demands for depositions, interrogatories, documents, and other specified items produced during the discovery phase of private lawsuits and other proceedings. Sets forth procedures for the issuance and return of such demands. Declares that such demands supercede any inconsistent protective order, rule, or provision of law restraining disclosure of products of discovery. Stipulates that any disclosure made pursuant to such a demand shall not constitute a waiver of privilege. Establishes procedures to enable any person to challenge an investigative demand for products of discovery.

Bill· HRH.R. 4046 (96th)reported

Antitrust Collateral Estoppel Act of 1979

United States · United States Congress · 10 May 1979

Amends the Clayton Act to give judgments in antitrust actions brought by the United States collateral estoppel effect in subsequent private litigation.

Bill· HRH.R. 4051 (96th)referred

Speedy Trial Act Amendments Act of 1979

United States · United States Congress · 10 May 1979

Speedy Trial Act Amendments of 1979 - Amends the Speedy Trial Act of 1974 (relating to Federal criminal procedure) to modify the current provisions (requiring (1) the arraignment of a defendant within ten days of the filing of the information or indictment, and (2) commencement of trial within 60 days of arraignment) to require commencement of trial within the later of these two dates: (1) 120 days from the filing date of the information or indictment; or (2) the date of the defendant's appearance before a judicial officer, but stipulates that such trial shall not commence less than 30 days from such date without the consent of the defendant. Allows the court to extend any time limit provided by this Act upon a statement in the record of reasons which are consistent with specified criteria, including: (1) examinations of defendants to determine mental competency, physical capacity, or eligibility for treatment under the Narcotic Addiction Rehabilitation Act; (2) pretrial proceedings of unusual complexity; (3) certain criminal procedures, including other trials, interlocutory appeals, joinder of codefendants, and plea bargaining; and (4) the court's finding that the ends of justice served by an extension outweigh the best interest of the public and the defendant in a speedy trial, according to specified criteria. Prohibits an extension because of general congestion of the court's calendar, or lack of diligent preparation or failure to obtain available witnesses by the Government attorney. Applies the delay provisions to the current interim provision (due to expire on July 1, 1979) which requires commencement of trial within 90 days from the beginning of continuous pretrial detention of a person who is awaiting trial or from the designation of a person as being of high risk who is released to await trial. Authorizes the chief judge of a district court to suspend for up to 30 days the time limits provided by this Act when the need for such suspension is of great urgency, but requires such judge to apply to the judicial council of the circuit for a suspension (as currently provided) within ten days of the initial suspension. Authorizes such council to suspend for up to one year the time limits for arraignment and trial of cases for which indictments are filed during such period (currently, the council must apply to the Judicial Conference of the United States for such suspension), but requires such council to report any suspension to the Director of the Administrative Office of the United States, who shall then transmit the report to Congress and to the Judicial Conference of the U.S. Prohibits a judicial council from suspending limits within six months of a prior suspension without the consent of Congress.

Bill· HRH.R. 4047 (96th)referred

A bill to clarify the standards pertaining to unreasonable attorney delay and to expand the sanctions for such conduct and for other purposes.

United States · United States Congress · 10 May 1979

Makes an attorney who, in Federal court, "engages in conduct unreasonably and primarily for the purpose of delaying or increasing the cost of the litigation" liable for "the excess costs, expenses and attorney's fees reasonably incurred because of such conduct" (currently, such an attorney who "so multiplies the proceedings in any case as to increase costs unreasonably and vexatiously" is liable for "such excess costs").

Bill· HRH.R. 3939 (96th)passed

District of Columbia Retirement Reform Act

United States · United States Congress · 4 May 1979

District of Columbia Retirement Reform Act - Title I: Financing of Retirement Benefits - Establishes the District of Columbia Retirement Board to exercise exclusive authority to manage and control the funds established by this Title. Details provisions relating to the Board's composition, the election and terms of office of Board members, the procedures to be followed by the Board, and the financing of the Board's operations. Establishes the District of Columbia Policemen and Fire Fighters' Retirement Fund into which shall be deposited: (1) amounts withheld from the salaries of, and deposited by, members of the Metropolitan Police and the Fire Department of the District of Columbia, pursuant to the Policemen and Firemen's Retirement and Disability Act; (2) amounts appropriated to the Fund pursuant to this Act; and (3) amounts made as return on investment of the assets of the Fund. Establishes the District of Columbia Teachers' Retirement Fund into which shall be deposited: (1) amounts withheld from the salaries of, and amounts deposited by, each teacher in the public schools of the District of Columbia for such teachers' retirement account; (2) assets transferred from the District of Columbia teachers' retirement and annuity fund; (3) amounts appropriated to the Fund pursuant to this Act; and (4) amounts made as return on investment of the assets of the Fund. Establishes the District of Columbia Judges' Retirement Fund into which shall be deposited: (1) amounts withheld from the salaries of, and amounts deposited by, judges of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia; (2) assets transferred from the District of Columbia Judicial Retirement and Survivors Annuity Fund; (3) amounts appropriated to the Fund pursuant to this Act; and (4) amounts made as return on investment of the assets of the Fund. Requires that the assets of each Fund established by this Act be kept separate from other moneys, but not necessarily kept separate from one another if the Board determines that commingling of such assets is advisable for investment purposes. Requires the Board to maintain a cash reserve for the funds sufficient to meet current annuity and disability benefit outlays. Prohibits the investment of assets of the funds in obligations issued or guaranteed in whole or in part by the government of the District of Columbia, the government of the Commonwealth of Virginia, the government of the State of Maryland, or the government of any political subdivision thereof, or in obligations secured by real property in the District of Columbia, Virginia, or Maryland. Directs the Board to engage an enrolled actuary to determine, in accordance with generally accepted actuarial practices, the level percentage of payroll required to be paid into the Fund, considering length of participation in the retirement program and the present value of future benefits. Sets forth formulae to determine annual Federal Payments and annual District of Columbia payments to each Fund. Authorizes the appropriations of specified sums from the revenues of the United States and from amounts in the United States Treasury credited to the District of Columbia contributions to each Fund, respectively. Provides for a reduction in Federal contributions to the District of Columbia Policemen and Fire Fighters' Retirement Fund should the costs of police officers and fire fighters' disability retirement prove excessive as determined by a specified formula. Sets forth the criteria for determining the percentage of disability for current employees who apply for disability retirement. Requires each member of the Board to submit detailed annual personal financial disclosure statements to Congress and the D.C. government. Directs the Board to publish annual reports with respect to each retirement program and corresponding Fund to which this Act applies. Requires that each such report include: (1) a financial statement containing a statement of Fund assets and liabilities, a statement of changes in net assets available for benefits under the retirement program, and other specified information; (2) an opinion by an independent public accountant as to whether such financial statement is presented in conformity with generally accepted accounting principles; (3) an actuarial statement containing specified information relating to the Fund and retirement program; (4) information relating to the number of employees covered by the retirement program, persons receiving compensation from the Fund, and specified changes to the Funds' operation; and (5) a report from each insurance company or similar organization from which program benefits are purchased or which guarantees such benefits. Directs the Board to prepare summary retirement programs descriptions to be supplied to each participant in, and beneficiary under, each retirement program to which this Act applies. Requires that annual reports and copies of summary retirement program descriptions, including periodic updates containing material modification, be filed with the Mayor of the District of Columbia, the District of Columbia Council, the Speaker of the House of Representatives, and the President pro tempore of the Senate. Empowers the Mayor, the Council, or either House of Congress to reject any filing upon making specified findings. Suspends Federal contributions to any Fund with respect to which a filing is rejected or no timely filing has been made pending an acceptable filing. Requires that copies of such reports and descriptions be made available for public inspection. Designates the Board and each member of the Board fiduciaries with respect to the Funds. Authorizes the Board to designate one or more persons to exercise fiduciary responsibilities with respect to Funds established by this Act but places with the Board fiduciary responsibility for the oversight of any person so designated. Lists standards and guidelines to be followed by fiduciaries in the discharge of their duties. Specifies circumstances under which a fiduciary shall be liable for a breach of fiduciary duty by another fiduciary. Prohibits a fiduciary from causing the Fund to engage in specified transactions with interested parties or with itself. Deems void any provision in an agreement instrument which purports to relieve a fiduciary of responsibility or liability. Permits the Board, fiduciaries, and groups of retirement program participants to purchase insurance to cover liability or losses arising from a breach of fiduciary duty. Prohibits any person convicted of specified crimes from serving as an administrator, fiduciary, counsel, or employee of, or as a consultant to, the Fund established by this Act within five years of any such conviction or release from imprisonment, unless the Board of Parole of the United States determines that such person's service with the Fund would not be contrary to the purposes of this Act. Requires every fiduciary of a Fund established by this Title and every person who handles its funds to be bonded. Sets forth criminal penalties for violation of fiduciary obligations. Creates civil causes of action for the benefit of specified plaintiffs to enforce the provisions of this Act. Specifies time limits within which civil action grounded on breach of fiduciary duty must be brought. Title II: Changes in Retirement Benefits - Revises the method for determining the salary base period for computation of annuities of participants in the District of Columbia Policemen and Fire Fighters' Retirement Fund. Permits any member or officer of the Metropolitan Police or Fire Department who is on approved leave without pay to serve as a full-time official of an employee organization to have such service credited towards his retirement upon meeting specific requirements. Sets forth separate procedures and standards for members of the Metropolitan Police and the Fire Department with respect to: (1) eligibility for optional retirement; (2) eligibility for disability retirement; (3) amount of disability annuities; (4) suspension of disability annuities; (5) physical examination of disability annuitants; (6) amount of survivors annuities; (7) deferred annuities; and (8) interest on refunds and on deposits for prior service credit. Authorizes cost-of-living adjustments in annuities payable from the District of Columbia Policemen and Fire Fighters' Retirement Fund. Permits the Mayor to waive collection of any overpayment to an annuitant if such overpayment is less than $100. Permits the Mayor, in the case of payments due to mental incompetents or minors, to make payment to any person, who in his judgment, is responsible for the care of such claimant. Directs the Board of Police and Fire Surgeons to submit to the Mayor recommendations for regulations to improve the administration of disability retirements. Places restrictions on retired police officers and fire fighters receiving an annuity under this Act while employed by the District of Columbia government. Authorizes cost-of-living adjustments in annuities payable from the District of Columbia Teacher's Retirement Fund and District of Columbia Judges' Retirement Fund. Revises the means for determining eligibility for each such adjustment. Revises the amount of benefits due under a teacher's annuity in the event the name beneficiary of such annuity predeceases the annuitant. Provides the termination of teachers' disability annuities based on excessive outside earned income. Places restrictions on retired teachers receiving an annuity under this Act while employed by the District of Columbia government.

Bill· HRH.R. 3806 (96th)open

Court of Appeals for the Federal Circuit Act of 1979

United States · United States Congress · 30 April 1979

Court of Appeals for the Federal Circuit Act of 1979 - Title I: United States Court of Appeals for the Federal Circuit and United States Claims Court - Establishes the United States Court of Appeals for the Federal Circuit, consisting of 12 judges and composed of all Federal judicial districts. Redesignates as "panels" the divisions of the circuit courts which are currently authorized to hear cases. Specifies rules for the Federal Circuit with respect to such panels. Replaces the Court of Claims with the United States Claims Court, consisting of 16 judges serving 15-year terms. Sets forth rules governing the salaries, terms, assignment, expenses, and removal from office of such judges, and the administration of such court. Abolishes the Court of Customs and Patent Appeals. Gives the Court of Appeals for the Federal Circuit exclusive jurisdiction over: (1) specified interlocutory decisions; (2) patent, trademark, copyright, and unfair competition appeals from district courts (except cases involving only copyright); (3) claims against the United States, with specified exceptions; (4) appeals from the United States Claims Court; (5) other specified patent and trademark appeals; (6) appeals from final judgments of the United States Customs Court; and (7) certain other appeals with respect to the International Trade Commission, the Secretary of Commerce, the Plant Variety Act, and the Merit Systems Protection Board. Title II: Conforming Amendments Outside Title 28 - Makes technical and conforming amendments. Title III: Miscellaneous Provisions - States that the judges of the United States Court of Claims and United States Court of Customs and Patent Appeals in regular active service on the effective date of this Act shall continue as judges of the Federal Circuit. Provides that a commissioner of the United States Court of Claims serving immediately prior to this Act shall become a judge of the United States Claims Court.

Law· HRH.R. 3807 (96th)open

A bill to amend subtitle IV of title 49, United States Code, to codify recent law and improve the code without substantive change.

United States · United States Congress · 30 April 1979

Codifies recent laws concerning the Interstate Commerce Act under subtitle IV of title 49 of the United States Code. Makes technical changes to provisions of such subtitle. Requires the Interstate Commerce Commission to stay or postpone an initial nonrail decision if an application for rehearing, reargument, or reconsideration is made before the decision becomes an action of the Commission. Authorizes the Commission to issue orders supplemental to an order made in a proceeding concerning the combination of services or the consolidation of common carriers. Declares that the provisions of this Act may not be construed as making substantive changes in Federal law. Prohibits an inference of legislative construction by reason of the location in the U.S. Code of a provision enacted by this Act.

Bill· HRH.R. 3651 (96th)passed

Alaska National Interest Lands Conservation Act of 1979

United States · United States Congress · 23 April 1979

Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse ecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principles. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; and (3) the interests of the State of Alaska and the Native Corporations shall be continually considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Bering Land Bridge National Monument; (2) Cape Krusenstern National Monument; (3) Gates of the Arctic National Monument; (4) Kenal Fjords National Monument; (5) Kobuk Valley National Monument; (6) Lake Clark National Monument; (7) Yukon-Charley National Monument; and (8) Katmai National Monument. Expands and redesignates: (1) Aniakchak National Monument by the addition of 160,000 acres of public lands to be redesignated as Aniakchak National Park and National Preserve; (2) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park and National Preserve; (3) Glacier Bay National Monument by the addition of 40,000 acres of public lands to be redesignated as Glacier Bay National Park; (4) Noatak National Monument by the addition of 660,000 acres of public lands to be redesignated as Noatak National Preserve; and (5) Wrangell-Saint Elias National Monument by the addition of 1,230,000 acres of public lands to be redesignated as Wrangell-Saint Elias National Park and Preserve. Establishes as units of the National Park System: (1) Aniakchak National Preserve; and (2) Lake Clark National Preserve. Directs the Secretary of the Interior to administer lands, waters, and interests of all National Park System units in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds which were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to laws and regulations applicable to fish and wildlife protection. Permits the continuation of reindeer grazing within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, within respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Requires the Secretary to recognize and convey valid Native selections or nominations of land within boundaries of the Wrangell-Saint Elias National Park and Preserve in accordance with the Alaska Native Claims Settlement Act. Prohibits the charging of fees for admission to any unit of the National Park System located in Alaska. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Refuge and Yukon Flats National Monument as Yukon Flats National Wildlife Refuge. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Innoko National Wildlife Refuge; (4) Kanuti National Wildlife Refuge; (5) Koyukuk National Wildlife Refuge; (6) Nowitna National Wildlife Refuge; (7) Selawik National Wildlife Refuge; (8) Teshekpuk National Wildlife Refuge; (9) Tetlin National Wildlife Refuge; and (10) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; (4) Kenai National Moose Range; and (5) Kodiak National Wildlife Refuge. Declares that all Executive orders and other administrative actions which were in effect before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation units established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs that the area of the Iliamna watershed be managed for the primary purposes of watershed protection and fish production. Prohibits the Secretary from conveying any lands in such area to the State of Alaska, unless the State devises a plan for the protection of management of the watershed and fishery resources of such area. Provides that nothing in this title shall limit the Secretary's responsibility with respect to the exploration of oil reserves under the Naval Petroleum Reserves Production Act of 1976. Prohibits the Secretary from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law with respect to designed or redesignated units of the National Wildlife Refuge System. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within the refuge. States that land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon and Tanna Rivers, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Directs that such lands as are added to the Tongass and Chugach National Forests shall be administered by the Secretary of Agriculture in accordance with the provisions of this Act and the laws applicable to the National Forest System. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary to convey specified lands to: (1) Goldbelt, Inc., representing the Natives of Juneau with respect to their land entitlements under the Alaska Natives Claims Settlement Act; and (2) S.E. Alaska, Inc. Exempts such conveyances from the requirements of the National Environmental Policy Act of 1969. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Directs the Secretary of Agriculture to permit the taking of fish and wildlife in national forest wilderness areas designated by this Act. Designates Admiralty Island National Monument and Misty Fjords National Monument as conservation system units. Directs the Secretary of Agriculture to issue regulations with respect to mining activities on national forest lands in Alaska in order to protect water quality in such areas. Amends the Alaska Native Claims Settlement Act to prohibit any land conveyed to a Native Corporation pursuant to this Act, which is within a contingency area designated in a U.S. timber sale contract, from being subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor from entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Selawik, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak and Charley (including their major tributaries), Chilikadrotna, Chitina, Mulchatna, Noatak, Stony, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Colville, Porcupine, Beaver Creek, Sheenjek, Andreafsky, Selawik, Ivishak, Kanektok, Kisaralik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, and Susitna. Sets forth requirement for the completion of such studies. Authorizes the Secretary to seek cooperative agreement with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under the United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to grant permits to oil and gas pipelines to cross areas designated as wild, scenic, or recreational river areas in Alaska, if the Secretary determines that no feasible alternative route exists. Title VI: National Wilderness Preservation System - Designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Preserve; (3) Denali National Park and Preserve; (4) Gates of the Arctic National Park; (5) Glacier Bay National Park; (6) Katmai National Park; (7) Kenai Fjords National Park; (8) Kobuk Valley National Park; (9) Lake Clark National Park and Preserve; (10) Noatak National Preserve; (11) Wrangell-Saint Elias National Park and National Preserve; and (12) Yukon-Charley National Preserve. Designates as wilderness areas within the National Wilderness Reservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge; (2) Arctic National Wildlife Range; (3) Becharof National Wildlife Refuge; (4) Innoko National Wildlife Refuge; (5) Izembek National Wildlife Range; (6) Kanuti National Wildlife Refuge; (7) Kenai National Wildlife Range; (8) Koyukuk National Wildlife Refuge; (9) Nowitna National Wildlife Refuge; (10) Nunivak National Wildlife Refuge; (11) Sulawik National Wildlife Refuge; (12) Tetlin National Wildlife Refuge; (13) Togiak National Wildlife Range; (14) Yukon Delta National Wildlife Refuge; and (15) Afognak Island. Designates as wilderness areas within the National Forest System certain lands in Chugach National Forest and Tongass National Forest. Directs the Secretary of Agriculture to study the feasibility of designating Prince William Sound, Chugach National Forest as a wilderness area and to report his findings to the President and the Congress within three years. Authorizes the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas in Alaska. Directs the Secretary of Agriculture to implement a cooperative planning process for the enhancement of fisheries resources in the Chugach and Tongass National Forests. Provides for the maintenance of existing public use cabins located in national forest wilderness areas and the construction of a limited number of new cabins for the protection of the public health and safety. Directs the Secretary to review nondesignated wilderness areas and to report to the President and the Congress on the feasibility of designating such areas as wilderness areas. Title VII: Subsistence - Declares that the first priority consumptive use of public land resources under this Act shall be the taking of fish and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Authorizes the States to regulate the taking of fish and wildlife on public lands for subsistence uses in a manner consistent with the policies and requirements of this Act. Directs the Secretary, if the State fails to exercise its authority to regulate subsistence uses, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to monitor State regulation of the subsistence preference granted under this title and to advise the States and Congress of his findings and recommendations. Directs the local and regional advisory councils established by this title to notify the Secretary if any such council determines that the State has not adequately provided for a system of subsistence preference in the region or locality which such council represents. Directs the Secretary to review the determinations of any council and advise the State of his findings. Directs the Secretary to close public areas to all consumptive uses except subsistence uses by local residents if he determines that the States has failed to comply with directives from the Secretary regarding improvements in the subsistence preference program and that such failure endangers the fish or wildlife population in an area or the ability of rural residents to satisfy their subsistence needs. Sets forth procedures for hearing and appeal by the State. Gives the Secretary emergency authority to close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits Federal agencies from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the Secretary, acting through the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife resources and subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision, or a Native Corporation may only be acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres, to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to investigate and plan for an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to investigate and plan for such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to investigate and plan for centers in Juneau, Ketchikan, or Sitka. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the conservation system units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law with respect to the taking of fish and wildlife. Authorizes the issuance of permits to certain sport hunting guide services and nonsubsistence trappers to continue the taking of wildlife in connection with their business for a period not to exceed ten years from the enactment of this Act, if the Secretary determines that a termination of such privilege would result in serious economic hardship for such individuals. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of the Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Authorizes the appropriation of such sums as may be necessary to carry out the provisions of this Act for fiscal years beginning after fiscal year 1979. Title IX: Implementation of Alaska Native Claims Settlement Act and Alaska Statehood Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each shareholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Allows the Secretary, upon the request of a Village Corporation, to waive the requirement that a Corporation select land in whole sections (and that natural features are to be used as boundaries) where such waiver is justified and appears to be beneficial. Provides for the selection of land by Regional Corporations where the public lands consist only of a mineral estate. Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites and for the reconveyance of less than 1,280 acres by a Village Corporation to a Municipal Corporation or the State in trust. Places restrictions on the conveyance to Regional Corporations of lands which are located in a wildlife refuge. Permits a Regional Corporation which is precluded from receiving title to protected lands to file a claim to certain other lands designated by the Secretary for such purpose. Provides that the 20 year moratorium on the payment of State and local real property taxes on land conveyed pursuant to the Alaska Native Claims Settlement Act shall begin with the vesting of title in such lands. Provides that the moratorium shall not apply to land which is leased or developed for purposes other than exploration. States that fire protection of Native land provided by the Department of the Interior shall cover wildland. Provides for the selection of additional lands by a Village Corporation which has not fulfilled its entitlement under the Alaska Native Claims Settlement Act. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsite entry and to issue patent, if appropriate, to the townsite trustee. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a National Park system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be allotted subject to a right of reentry for a specified 20-year period. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Requires that payments under such Act shall be deposited into the Alaska Native Fund on the first day of the fiscal year for which the monies are appropriated, and shall be distributed at the end of the first quarter of the fiscal year. Directs the Secretary to pay by grant to certified Native Group Corporations an amount not more than $100,000 or less than $50,000 for planning, development, or other authorized purposes. Provides for a two year statute of limitation for the filing of any appeal from a decision of the Secretary under this title or under the Alaska Native Claims Settlement Act. Conveys to a Village Corporation found eligible by the Secretary of Interior, the surface estate to public land in its "core" township or townships (towns or townships in which the Native Villages are located). Stipulates that where two or more corporations have claim to the same township, the conveyance is delayed until an arbitration decision or other binding agreement between or among the Corporations is filed with and published by the Secretary. Conveys to a Village Corporation found eligible by the Secretary, the surface estate to certain lands in the "core" township. Conveys the surface and subsurface estate in the former Indian Reserve to certain village Corporations. Excludes the Village Corporation for the Native Village of Klukwan from such conveyances. Conveys the subsurface estate in "core" townships conveyed to Village Corporations, to Regional Corporations to the extent they would otherwise have obtained such subsurface estate pursuant to the Alaska Native Claims Settlement Act. Sets forth requirements with respect to the granting of easements on such lands. Provides for the relinquishment of all claims by the United States to submerged lands under a nonnavigable meanderable stream or a lake having a surface area of 160 acres or more which is adjacent to land which is conveyed to a Native Corporation pursuant to the Alaska Native Claims Settlement Act of this Act. Provides that such submerged lands shall not be charged toward the acreage entitlement of any Native Corporation. Retains in Federal ownership submerged lands within the boundaries of any conservation system unit. Lists specified lands of: (1) Nana/Cook Inlet Regional Corporation, the Ahtna Regional Corporation, and the Bering Straits Regional Corporation to be withdrawn for selection, and (2) the Doyon Regional Corporation to be exchanged for lands relinquished. Requires the Hodzana River area to be managed as a study area by the Fish and Wildlife Service in cooperation with Doyon, Limited. Lists lands, previously selected by Doyon, Limited which such corporation may identify in partial satisfaction of its entitlement under such Act. Provides for the settlement of certain claims and litigation to implement such Act under the unique circumstances of the Native Village of Eklutna. Directs the Secretary to convey the surface and subsurface estates of specified lands on Afognak Island to Koniag, Incorporated. Directs the Secretary to negotiate with specified Native Corporations for boundaries and prices of certain areas of the Pribilof Islands group to be included in the Alaska Maritime National Wildlife Refuge. Authorizes the Secretary to accept from Arctic Slope Regional Corporation a relinquishment of all right, title, and interest of such Corporation in specified Alaskan lands. Directs the Secretary to make specified conveyances of land pursuant to the Cook Inlet Village Settlement. Grants final approval to all tentative approvals of the State of Alaska land selections pursuant to the Alaska Statehood Act. Vests title in all such lands in the State as of the date of tentative approval. Directs the Secretary to convey public lands selected by the Chugach Regional Corporation from certain lands within the Chugach National Forest. Directs the Secretary to study the land ownership and use patterns in the Chugach region in cooperation with the Secretary of Agriculture, the Alaska Advisory Coordinating Council, Chugach Natives, Inc., and the State of Alaska (if the State chooses to participate). Title X: Transportation and Utility Systems - Declares that applications for rights-of-way in conservation system units in Alaska shall be made only as provided by this title. Provides that transportation and utility systems subject to this title are: (1) water transportation systems; (2) pipelines and other systems for the transportation of their liquids and gases, including oil, natural gas, synthetic liquid and gaseous fuels, and any refined produce produced from such sources; (3) pipeline, slurry and emulsion systems, and conveyor belts for transportation of solid materials; (4) systems for the transmission and distribution of electric energy; (5) systems for the transmission of radio, television, telephone, telegraph, and other electronic signals, and other means of communication; (6) improved rights-of-way for snow machines, air cushion vehicles, and other all-terrain vehicles; and (7) roads, highways, railroads, tunnels, tramways, airports, and other systems of transportation. Directs the Secretaries of the Interior and Agriculture, in consultation with other appropriate Federal agencies, to prepare and publish a consolidated application form to be used for applying for a right-of-way for a transportation or utility system subject to this title. Requires any Federal agency which receives an application for a right-of-way to notify the applicant within 60 days of the receipt of the application that such application is either complete or that more information is required. Sets forth filing requirements for environmental impact statements required to be filed with an application for a right-of-way. Requires the heads of Federal agencies to coordinate their procedures for processing applications for rights-of-way for transportation or utility systems which require the approval of more than one agency. Sets forth procedures for the consideration, processing, and approval of applications for rights-of-way. Requires the Secretary to submit his recommendation for the approval or disapproval of an application to Congress. Provides that such application shall be deemed approved only upon enactment of a joint resolution by the Senate and the House of Representatives. Title XI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, Native, and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native Corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owned or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title XII: Oil and Gas Exploration, Development, and Production - States as the purpose of this title the furtherance of exploration, development, and production, through private enterprise with appropriate environmental safeguards, of oil and gas resources on certain public lands in Alaska. Provides that this title shall apply to: (1) the National Petroleum Reserve - Alaska; (2) nonwilderness portions of all units of the wildlife refuge system in Alaska; and (3) all public lands in Alaska which are not within any conservation system unit and which are managed by the Secretary of the Interior through the Bureau of Land Management. Provides that exploration, development, and production of oil and gas on lands to which this title applies shall be conducted pursuant to the Mineral Leasing Act of 1920 except to the extent otherwise provided by this title. Authorizes the Secretary to issue permits for the exploration for oil and gas resources which is conducted pursuant to a plan approved by the Secretary. Requires the holder of any permit issued by the Secretary to disclose to the Secretary any information obtained as a result of any exploration activities. Requires the Secretary to maintain the confidentiality of such information until the permittee acquires a lease for the lands on which the permit data was acquired or at such time as the data ceases to hold proprietary value, but in no case longer than ten years. Directs the Secretary to study such information and to consult with the Secretary of Energy regarding the national interest involved in exploring for and developing oil and gas from lands subject to this title. Directs the Secretary to encourage the State to undertake studies on lands associated with lands subject to this title. Provides that leases shall be issued only by competitive bidding with respect to the following lands: (1) the National Petroleum Reserve - Alaska; (2) nonwilderness portions of all units of the wildlife refuge system in Alaska; and (3) all public lands in Alaska which are not within any conservation system unit and which are managed by the Secretary through the Bureau of Land Management and are determined by the Secretary to be within an area favorable for the occurrence of oil or gas. Requires the development and production of oil or gas on leased lands to be carried out in accordance with a development and production plan approved by the Secretary. Directs the Secretary to suspend or cancel such leases if he determines that operations under such lease pose environmental threats to the land. Requires the Secretary to issue a permit for oil and gas exploration on public lands within six months of a request if the applicant is not required to file an environmental impact statement, or three months after the filing of such a statement if such a statement is required. Requires the Secretary to include in reports required under the Mining and Minerals Policy Act of 1970 information with respect to oil and gas development activities under this title. Requires the Secretary to establish a program for the consideration and issuance of exploration permits to applicants for public lands within the National Petroleum Reserve - Alaska, including public lands within the Teshekpuk and Utukok National Wildlife Refuges within 240 days after the date of the enactment of this Act. Requires the Secretary to publish a schedule of proposed lease sales covering such land and to hold the first lease sale on such lands within 18 months after the date of enactment of this Act. Provides that exploration for, and development and production of, oil and gas on nonwilderness areas within the National Wildlife Refuge System shall be carried out according to the provisions of this title, except for lands that have been withdrawn from such use under this Act. Directs the Secretary to establish a program for issuance of exploration permits and for lease sales of lands subject to the Bureau of Land Management.

Bill· HRH.R. 3640 (96th)referred

Preretirement Education Act of 1979

United States · United States Congress · 10 April 1979

Preretirement Education Act of 1979 - Amends the Higher Education Act of 1965 to establish a program of grants to: (1) develop model preretirement education programs; (2) train personnel for such programs; (3) prepare related information and materials; and (4) provide consultation services. Directs the Secretary of Health, Education, and Welfare to carry out a preretirement education study and a retirement employment study.