United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, and insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active- duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product. Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services; (2) health clinic services, including rural health clinic services; (3) home dialysis supplies; (4) tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lenses after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health-care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO: and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the maximum reasonable cost for such service; and (2) drugs and hearing aids in accordance with the lowest of: (A) the provider's fee charged for dispensing the drug or hearing aid; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtainable by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health-care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-, SSI-, AFDC-eligible residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare- eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (PL 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an advocate, to assist consumers in determining and protecting their rights to services; and (3) an inspector general, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B, Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State-chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3)that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services, and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health- care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI- Effective Dates, Transition Provisions, Amendments - Part A, Effective Dates and Transition Provisions - Sets forth effective dates for provisions of this Act. Provides for a special national premium rate for the period between October 1 and December 31 of the year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI: - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45-consecutive-day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost". Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 2 August 1979
National Historic Preservation Amendments of 1979 - Amends the Act known as the "National Historic Preservation Act of 1966" to officially entitle such Act the "National Historic Preservation Act." Declares under such Act, that it is the duty of the Federal Government, in cooperation with other nations, the States, local communities, and private organizations and individuals, to promote the preservation and conservation of the historic, architectural, archaeological, and cultural resources of the United States and of the international community of Nations. Declares that the Federal government shall give priority to preservation activities for the revitalization of urban areas, the conservation of agricultural areas, the creation of local employment opportunities, and the conservation of energy. Amends such Act by designating titles I and II as labeled herein by making substantive changes, and by adding a new title, Title III. Title I: Federal and State Preservation Programs - National Register of Historic Places - Directs the Administrator for Historic Preservation appointed pursuant to this Act, to establish and maintain a National Register of Historic Places at the national, State, or local level in accordance with procedures set forth in this Act. Requires that such properties shall: (1) be of national or world heritage significance; (2) involve a direct or indirect public investment; and (3) be legally dedicated to preservation. Directs the Administrator, not later than one year after his initial appointment, to establish an inventory of historic resources on a State-by-State basis. Declares that those properties which are determined to meet criteria of significance, but which lack the other requirements for inclusion in the National Register, shall be designated as eligible for inclusion on the Register. Makes such inventory available to all Federal, State, and local government departments, agencies, and instrumentalities. Requires the Administrator to promulgate regulations concerning nondisclosure to the public of any property location where such disclosure would be likely to endanger the property. Directs the Administrator to review, during the one-year period following enactment of this Act, all properties included in the National Register under prior authority of law. Requires the Administrator to include each property designated as a national historic landmark under prior authority and each property which meets the requirements of this Act in the National Register. Provides that those properties included in the Register under prior authority, but which do not meet all the requirements under this Act shall be designated in the inventory as eligible properties. Allows any State or local government carrying out an approved program under this Act or any Federal agency to nominate a property for inclusion in the Register or for inclusion in the inventory as an eligible property. Requires such information to be included in the Register, as appropriate, unless the Administrator disapproves such nomination within 30 days of its receipt. Allows the Administrator to accept a nomination from any person, if the property nominated is located in a State or political subdivision where there is no approved program. Requires the Administrator to determine the eligibility or inclusion of such property in the Register. Allows the Administrator on his own motion or at the request of any person, to include any property on the inventory and designate such property as eligible if he determines such property meets the requirements of this Act. Declares that a property shall be considered of national significance when: (1) the Congress so designates a property; (2) a property is included in the National Park System as a historical unit; or (3) the Administrator determines the property to be of national significance. States that a property shall be considered to be of world heritage significance when it is included in the world heritage list maintained in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage. Declares that a property shall be considered a public investment if government agency fund expenditures directly or indirectly contribute substantially to the preservation of such property, or if a Federal income tax deduction or similar State or local measure is taken with respect to the amortization of amounts spent for rehabilitation of a certified historic structure. Provides that a property shall be treated as legally dedicated to preservation when: (1) an easement, or other property interest, requiring preservation of significant features of such property for not less than 30 years is held by any person or government entity or is otherwise legally binding on the owner; (2) such property is under ownership and managed for preservation; or (3) State or local law provides for the designation or preservation of such property. Requires the Administrator to promulgate regulations to carry out the purposes of this Act. Directs the Administrator to establish and administer grant-in-aid programs to States and the National Trust for Historic Preservation, and programs of direct grants, loans or loan guarantees for historic preservation. Authorizes the Administrator to make grants to States, upon application, for programs approved under this Act. Prohibits such grants from paying more than 50 percent of the costs of such programs. Requires the Administrator, upon approval of such programs, to evaluate such programs every four years to determine whether or not such programs are in compliance with the requirements of this Act. Requires the Administrator to conduct periodic fiscal audits of the receipts of federal grants. States that State and local governments may assume the responsibility for financial and compliance audits of Federal grants received by them and other persons or organizations, and their subgrantees. Declares that the Federal government shall be responsible for audits which deal with economy, efficiency, and program results and for assuring that such financial and compliance audits are conducted under generally accepted audit standards. Directs State and local governments receiving grants to set forth in writing criteria by which they judge whether they are meeting program requirements, to be available for use by the auditors. Directs the Administrator to reimburse State and local governments for actual expenses incurred in conducting such audits. Sets forth the following requirements for approval of State program: (1) designation by the Governor of a State historic preservation officer; (2) transfer of not less than 50 percent of the grants received to political subdivisions of the State having preservation programs; (3) provision of financial mechanisms for the development of properties on the National Register or in the inventory of historic resources; (4) provision of mechanisms for the acquisition, acceptance of donations, and dedication of fee title in applicable properties; (5) provisions for relocation assistance to persons or businesses affected within the historic district; (6) gives priority to projects that will conserve energy, are labor intensive, or will further urban revitalization or agricultural conservation; and (7) provision of a mechanism for the identification, evaluation, and protection of historic properties within the State. Sets forth restrictions for grants made under this Act for the improvement of properties, and prohibits grants made for any single property to exceed $50,000. Prohibits any grant to any State in any fiscal year to exceed ten percent of such funds to carry out a comprehensive statewide survey of historic resources. Requires no more than 15 percent of such grant to be used for improvement of government buildings used for governmental purposes. Sets forth procedures for the allocation by States of grants to political subdivisions. Allows the Administrator to allocate funds to any political subdivision of any State that does not have an approved program within two years after the date of enactment of this Act. Sets forth procedures for approval of State historic preservation programs in effect under prior authority of law. Sets forth conditions for grants and loans that may be made by the Administrator for: (1) the preservation of properties of national or world heritage significance; (2) demonstration projects to preserve any eligible property or property on the National Register; (3) the training and development of skilled labor in trades and crafts relating to historic preservation; and (4) Indian tribes for the preservation of historic properties. Provides that any such loans made by the Administrator shall be at an interest rate determined by the Secretary of the Treasury guided by applicable provisions of this Act. Authorizes the Administrator to make loan guarantees for any project approved by the State historic preservation officer, or the chief elected official of any State that does not have an approved program. Sets forth conditions for loans and loan guarantees made by the Administrator in consultation with the Secretary of the Treasury. Authorizes the Administrator to deem any portion of any record, material, or data received in connection with any financial application as privileged or confidential within the meaning of applicable law. Title II: Federal Authorities and Responsibilities - National Historic Preservation Agency - Establishes as an independent agency a Historic Preservation Agency to be under the direction of the Administrator for Historic Preservation, appointed by the President by and with the advice and consent of the Senate. Directs the President to establish an Advisory Council on Historic Preservation to be composed of the following members: (1) the Secretary of the Interior and the Architect of the Capitol; (2) four agency heads (other than the Department of the Interior) whose activities affect historic preservation; (3) a representative of the National Conference of State Historic Preservation Officers and five professionals in the fields of history, architecture, archaeology, urban planning, or related disciplines; (4) three State governors or mayors; and (5) three at large members of the general public. Sets forth requirements and procedures to be followed in the operation of the Council. Requires the Council, when transmitting legislative recommendations, testimony, or comments on legislation to the President or the Office of Management and Budget, to concurrently transmit such copies thereof to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Sets forth the duties of the Administrator including: (1) advising the President and the Congress on matters relating to historic preservation; (2) encouraging public interest and participation in historic preservation; (3) conducting studies relating to historic preservation and the effects of tax policies on such preservation; (4) assisting State and local governments in drafting appropriate legislation; and (5) providing training and education in the field of historic preservation. Requires the Administrator to submit an annual comprehensive report of his activities and the results of his studies to the President and the Congress. Directs the Administrator, consistent with the provisions of this Act, to institute a program of education and training relating to historic preservation to Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations connected with the World Heritage Convention. Directs the Administrator to increase the awareness of historic resources and preservation among the student population of the United States, and to establish a program for training and development of skilled labor in trades and crafts relating to historic preservation. Requires the Administrator to review the policies and programs of Federal agencies whose activities are under the purview of this Act. Directs the Administrator to promulgate guidelines relative to archaeological and historical data for Federal agencies consistent with provisions of this Act. Directs the Administrator, within one year after his appointment, to establish, jointly with the Secretaries of the Interior, Agriculture, and Defense, and the Administrator of the General Services Administration, standards for the management and preservation of federally owned historic properties. Directs the Administrator to review and approve the plans of transferees of surplus federally owned properties eligible for or on the National Register to ensure historic preservation in the rehabilitation of such properties. Requires all Federal agencies administering any program of Federal assistance to any State or local government or under which any Federal approval is required to coordinate such program with the purposes of this Act. Requires such agencies to submit proposals to the Administrator, within 180 days after his appointment, relative to their preservation activities. Directs the Administrator to designate national historic landmarks and world heritage properties and to submit such designations to the appropriate Congressional committees 30 days before such designations become effective. Directs the Administrator to encourage and coordinate United States participation in the Convention Concerning the Protection of the World Cultural and Natural Heritage and other international historic preservation activities in cooperation with the Secretaries of the Interior and State, and the Smithsonian Institution. Requires the Administrator to establish a program to nominate historic properties to the World Heritage Committee on behalf of the United States. Requires such nominations to be submitted to the appropriate Congressional committees 60 days prior to the intended action. Authorizes the participation of the United States as a member of the International Centre for the Study of the Preservation and Restoration of Cultural Property. Authorizes the appropriation of the sums necessary for United States membership in the Centre for fiscal years 1979 through 1989. Directs the Administrator to establish a program to encourage tourism by people of other nations to historic properties of the United States, reflecting the diverse ethnic and cultural heritages of the citizens of the United States. Requires each Federal agency to notify the Administrator 45 days prior to any undertaking outside the United States that may affect a property on the World Heritage list or which has been nominated for inclusion on such list. Requires the head of each Federal agency to designate a Preservation Officer responsible for coordinating the agency's activities under this Act. Requires each agency having jurisdiction or control over properties on the National Register to submit property management plans to the Administrator for comment within one year after the date of enactment of this Act. Directs the Secretary of the Interior to study and investigate properties included in the National Register which are under the jurisdiction or control of Federal agencies. Authorizes the Secretary to recommend to the President the transfer of administrative jurisdiction or control of such properties to him as a unit of the National Park System. Requires such recommendation to be concurrently submitted to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Authorizes the Secretary, upon the concurrence of the Administrator, to accept gifts or donations of less than fee interests in any properties in the National Register, where such acceptance will facilitate the preservation of such property. Authorizes each Federal agency having authority for management of any real property, with the concurrence of the Administrator, to lease or exchange with any person or organization the management of properties on the National Register. Requires the proceeds of such leases to be retained by the agency to defray the expenses with respect to such properties, and the surplus proceeds to be deposited in the United States Treasury. Allows the heads of such agencies to enter into contracts for the management of such properties. Directs all Federal agencies to cooperate with purchasers and transferees of eligible property or property included in the National Register in the development of plans for uses of such property compatible with preservation and conservation objectives without imposing unreasonable economic burdens on public or private interests. Requires each Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State to survey the affected area to determine the effect of such undertaking on the protection of historic properties. Authorizes the Administrator to promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from the requirements of this Act. Authorizes all Federal agencies to expend appropriated funds for purposes of this Act. Requires each Federal agency to provide the Administrator a 45-day comment period with respect to any program or policy that may affect historic properties. Title III: General, Administrative, and Miscellaneous Provisions - Defines terms used in this Act. Establishes a Historic Preservation Fund in the Treasury of the United States to be funded from revenues due to payable to the United States under the Outer Continental Shelf Lands Act or the Act of June 4, 1920, or both. States that not less than two- thirds of appropriated funds shall be available for grants to States, and not more than one-third shall be available for other grants or loans and for the Administrator to carry out his duties under this Act. Directs the Administrator to establish regulations to insure maximum public participation in all activities of the Administrator, the Council, and other Federal agencies carrying out requirements under this Act. Declares that grants made under this Act may not be used to satisfy requirements of other provisions of law requiring matching by State or local funds nor shall they be treated as taxable income for purposes of the Internal Revenue Code of 1954. Grants attorney fees to any person who prevails in any civil action brought in any United States district court against any Federal agency to enforce the requirement relating to the protection of historic properties in connection with the action of a Federal agency. Authorizes the Administrator to establish an annual preservation awards program under which he makes awards to Federal, State, or local government officers or employees in recognition of their outstanding contributions to the preservation of historic resources. Allows the President to make such award to any citizen of the United States recommended for the award by the Administrator. Directs the Administrator to promulgate regulations for carrying out the awards program. Authorizes the Administrator to delegate to any State having an approved program under this Act the authority to carry out responsibilities under the National Environmental Policy Act of 1969 with respect to such approved program. Transfers the provisions of various Acts relating to historic preservation responsibilities from the Secretary of the Interior to the Administrator for Historic Preservation. Authorizes the Administrator to issue an order to postpone for 60 days any action undertaken, or being undertaken, by any Federal agency, or agency or instrumentality of a State or local government, or by any other person if such action may adversely affect any property included in the National Register. Directs the Administrator, during the period, to endeavor to develop an acceptable preservation plan for the affected property, or to exercise his emergency acquisition authority provided under this Act. Provides procedures for the assessment of civil penalties for violations of such orders, and for judicial review in the United States District Court for the District of Columbia or any other district in which such person resides. Provides procedures for administrative hearings for the assessment of civil penalties. Establishes the Pension Building in Washington, District of Columbia, as a national historic site to be named the "National Center for the Building Arts." Requires the Administrator of the General Services Administration to transfer such building and lands to the jurisdiction of the Secretary of the Interior. Directs the Secretary to administer the management of the Center in accordance with provisions of this Act, and other Acts generally applicable to units of the National Park System. Appropriates $15,000,000 to be used for the renovation of the Center. Establishes a Building Arts Foundation and specifies programs it shall carry out relating to the building arts. Directs the Foundation to coordinate its activities with other public and private organizations and individuals in order to avoid duplication of efforts relating to the functions of the Foundation. Establishes a Board of Directors of the Foundation and provides for the funding of the Foundation. Directs the General Accounting Office to review and audit regularly the accounts of the Foundation to determine the ability of the Foundation to pay for the functions of the Center. Requires the Foundation to submit annually a report to the appropriate congressional committees containing a statement of its activities pursuant to this Act, and a proposal for its programs during the succeeding four years. Provides emergency acquisition procedures for the Administrator for any properties eligible for or in the National Register where such properties are threatened with demolition or impairment. Directs the Administrator, in consultation with the American Folklife Center of the Library of Congress and the Building Arts Foundation, to report within two years after the date of enactment of this Act, to the President and the Congress on preserving and conserving the intangible elements of our cultural heritage. Requires the report to include recommendations for legislative and administrative action by the Federal Government relating to such heritage. Directs the Administrator for the Historic Preservation Agency to submit the following reports: (1) to the President and the Congress within eight years on the operation of the Historic Preservation Fund; (2) to the Congress within 90 days of his appointment on his study of the Pennsylvania Avenue Development Corporation; (3) to the President and the Congress within one year of his appointment on recommendations with respect to Federal tax laws relating to historic preservation; and (4) to the President and the Congress within two years of enactment of this Act on recommendations for the creation of a National System of Cultural Parks.
United States · United States Congress · 2 August 1979
Directs the Office of Technology Assessment to initiate and complete a study of patented, copyrighted, or other consumer energy conservation devices which have not been developed as marketable products. Requires the Director of the Office to report the results of such study to Congress. Requires such report to include: (1) recommendations for legislative and executive action necessary to promote the development of such devices as marketable products; and (2) a list of consumer energy conservation devices which are technically feasible and have potential for significant energy savings and commercial success.
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.
United States · United States Congress · 31 July 1979
Expresses the sense of the House of Representatives that the Congress should promptly enact the President's April 5, 1979, proposal providing for solar energy tax credits and that such enactment should take effect retroactively to such date.
United States · United States Congress · 27 July 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 27 July 1979
Social Security Payroll Credit Act of 1979 - Amends the Internal Revenue Code to allow employers, employees, and self-employed individuals an income tax credit equal to 20 percent of the amount of social security taxes paid by such individuals in 1980 and 1981.
United States · United States Congress · 26 July 1979
Campaign Contribution Reform Act of 1979 - Amends the Federal Election Campaign Act of 1971 to prohibit any multicandidate political committee (other than a multicandidate committee of a political party) from making contributions to a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and his or her authorized committees which in any calendar year exceeds: (1) $5,000 with respect to any general or special election and a primary election relating to such election; or (2) $7,500 (but not more than $5,000 for one election) with respect to a general or special election and both a primary and runoff election relating to such election. Prohibits a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress or any authorized political committee from accepting contributions from political committees, other than committees of a political party, aggregating more than $50,000 in any calendar year, except in the case of a candidate who is a candidate in a general election and a special election, such candidate may accept such contributions aggregating: (1) $50,000 with respect to such general and any primary election relating to such general election; and (2) $50,000 with respect to such special election and any primary election relating to such special election. Specifies that any contribution made in a year, other than the calendar year in which the election is held, is considered to be made in the calendar year in which such election is held, and any contribution made after the date of such election shall be considered a contribution with respect to such election only if such contribution is used to pay obligations incurred with respect to such election. Specifies that any extension of credit for goods or services relating to advertising on broadcasting stations, in newspapers or magazines, by direct mail or other similar types of general public political advertising shall be considered a contribution, if such extension of credit is: (1) in an amount of more than $1,000; and (2) for a period of more than 30 days.
United States · United States Congress · 26 July 1979
Defines "appropriate manager" as a person whose management authority extends to informing Federal agencies and a business entity's personnel about serious dangers associated with a particular product or business practice. Makes it a Federal crime for an appropriate manager to knowingly fail to inform the appropriate Federal agency in writing, and to warn affected employees in writing, within 30 days after discovering in the course of business that a serious danger is associated with a product or business practice.
United States · United States Congress · 23 July 1979
Marihuana Control Act of 1979 - Amends the Controlled Substances Act to establish a civil fine of not more than $100 for anyone who: (1) possesses not more than one ounce of marihuana within a private dwelling for his or her own use, or for the use of others within such dwelling, if it is not possessed with the intent to distribute, transfer, or sell in violation of Federal law; (2) possesses in a public area not more than one ounce of marihuana incident to a private use, if it is not possessed with the intent to distribute, transfer, or sell for profit in violation of Federal law; or (3) distributes or transfers lawfully possessed marihuana in public or private to any person for a lawful private use, if such distribution or transfer is not made for profit.
United States · United States Congress · 20 July 1979
World Peace Tax Fund Act - Amends the Internal Revenue Code to permit conscientious objectors to designate their income, estate, or gift tax payments for nonmilitary purposes. Establishes within the Treasury of the United States a World Peace Tax Fund to receive such tax payments. Requires tax forms to contain a checkoff for taxpayers who wish to claim conscientious objector status and designate their tax payments for the World Peace Tax Fund. Specifies that an individual may claim conscientious objector status only if such individual has actually qualified as a conscientious objector for selective service or immigration purposes or declares that he or she is conscientiously opposed to participation in war, within the meaning of the Military Selective Service Act. Permits the Secretary of the Treasury to require any individual who claims conscientious objector status to provide such additional information as is necessary to verify such status. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to the enactment of this Act, if the taxpayer pays the tax (with interest) and satisfactorily establishes that nonpayment was due to his conscientious objection to war. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding fiscal year for military purposes. Requires the publication of such information in the Congressional Record. Establishes a World Peace Tax Fund Board of Trustees. Sets forth the membership structure and duties of the Board.
United States · United States Congress · 19 July 1979
Competition Review Act - Establishes the Competition Review Commission as an independent instrumentality in the executive branch to study Federal laws and practices which have a significant impact on competition in specified industries including the antitrust laws, the patent laws, the internal revenue laws and regulations, the National Labor Relations Act, regulatory policies, and contracting and bidding practices. Establishes the membership of such Commission which includes representatives from the legislative and executive branches of the Federal Government and the private sector. Directs the Commission to appoint an Executive Director at Level V of the Executive Schedule. Empowers the Commission to subpoena witnesses and evidence and to have such process enforced in the United States district courts. Grants the Commission power to issue civil investigative demands and general or specific orders for information identical to the authority conferred upon the Federal Trade Commission and the Attorney General under the Federal Trade Commission Act and the Antitrust Civil Process Act. Requires all actions challenging this Act or the authority of the Commission to be filed in the United States District Court or the Court of Appeals for the District of Columbia Circuit. Requires these Courts to give precedence to such actions over all other actions on their calendars. Directs the Commission to prepare an initial plan for its investigations, a comprehensive bibliography on antitrust policies and competition, a timetable and outline for its studies, any interim reports it deems advisable, and a final report on the state of competition in the American economy. Requires the Commission to submit such reports, at specified intervals, to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate culminating in the submission of its final report within five years of the enactment of this Act. Prohibits the disclosure of any information obtained by the Commission except to the Commission staff while engaged in the performance of its duties. Requires all such information to be held under seal by the Administrator of General Services for at least five years following the termination of the Commission. Terminates the Commission 90 days after the submission of its final report. Authorizes appropriations to carry out the purposes of this Act.
United States · United States Congress · 17 July 1979
Contraceptive Labeling and Advertising Act - Amends the Federal Food, Drug, and Cosmetic Act to require that the label and advertising for contraceptive drugs and devices state the effectiveness of such drugs and devices in preventing conception in humans. Requires a label also to state directions for use and that professional advice should be sought to determine the most appropriate form of contraception. Directs the Secretary of Health, Education, and Welfare to establish standards for determining the effectiveness of such drugs and devices.
United States · United States Congress · 12 July 1979
Amends the Energy Conservation in Existing Buildings Act of 1976 to increase the labor cost limitations for weatherization materials for which financial assistance may be provided under such Act in areas where the Secretary of Energy determines that there is an insufficient number of volunteers, training participants, and public service workers available to work on weatherization projects. Authorizes the Secretary of Energy to waive the requirement relating to assurances that applicants for weatherization assistance will use such funds to supplement, and not supplant, State and local funds where he makes the determination described above. Makes inapplicable the limitation on the amount of weatherization assistance allowed to be used for repair to a dwelling to make such weatherization effective if the State policy advisory council requests the Secretary of Energy to increase such amount.
United States · United States Congress · 12 July 1979
Alternate Fuels Engine Development Act of 1979 - Title I: Alternative Fuels Engine Development Program - Directs the Secretary of Energy to establish a comprehensive program for the development of gas turbine engines for commercial production. Stipulates that such program shall include development of gasoline engine conversion systems. Authorizes the Secretary to make grants, contracts, and loans with specified types of institutions and organizations in order to carry out this title. Authorizes the Secretary to make loans to qualified entities to assist in the commercial production of such engines and conversion systems. Authorizes appropriations for programs described under this title. Requires that federally-purchased vehicles be equipped with gas turbine engines or gasoline engine conversion systems. Directs the Secretary to take such steps as necessary to assure participation by small businesses in the programs conducted under this title. Terminates the provisions of this Act effective January 1, 1990. Title II: Tax Incentives for Gas Turbine Engine Development and Production and for Gasoline Engine Conversion Equipment - Amends the Internal Revenue Code of 1954 to provide an additional 15 percent investment tax credit for gasoline conservation property, as defined under this Act. Allows a tax deduction with respect to the amortization of any qualified gasoline conservation product facility based on a period of 60 months. Sets forth procedures for determining eligibility for and claiming such deduction. Allows a tax credit for purchase of qualified gasoline conservation products. Allows a tax deduction for fees paid for transportation of a taxpayer on any public transportation motor vehicle which uses any qualified gasoline conservation product.
United States · United States Congress · 11 July 1979
Energy Antimonopoly Act of 1979 - Amends the Clayton Act to prohibit any entity, or subsidiary thereof, which produced or had an interest in a total of 35,000,000 barrels of crude oil, condensate, and natural gas liquids in 1976 from acquiring control or a majority of the assets of any other entity whose assets exceed $100,000,000.
United States · United States Congress · 11 July 1979
Amends the Internal Revenue Code to provide that the district which a State legislator represents shall be considered his home for purposes of the income tax deduction for travel and living expenses in connection with a trade or business. States the daily allowable living expenses for a legislator who is away from his home district shall be equal to the product of the number of legislative days (days which the legislature or a committee of such legislature is in session during the taxable year for which the legislator is physically present) times the daily per diem rate allowed to employees of the executive branch of the Federal Government while away from home.
United States · United States Congress · 28 June 1979
Amends the National Aeronautics and Space Act of 1958 to establish within the National Aeronautics and Space Administration (NASA) a program to advance the state of automotive research and technology. Requires such program to achieve one or more of the following goals: (1) preservation and enhancement of personal mobility at reasonable cost; (2) reduction of the Nation's dependence on foreign oil; (3) increased motor vehicle safety; (4) reduction of motor vehicle environmental effects; (5) improvement of motor vehicle reliability; (6) conservation of scarce resources; and (7) enhancement of the international competitive position of the Nation's automotive products. Charges NASA with the overall responsibility for planning and managing activities designed to achieve the goals set forth by this Act. Denies the Administrator of NASA any power to promulgate any regulations concerning the commercial development or use of the automotive products resulting from the research and development programs provided for by this Act. Requires the President to transmit annual reports to Congress setting forth a description of the activities of all Federal agencies in the field of automotive research and technology development and an evaluation of the progress of such agencies in reaching the goals established by this Act. Establishes a Motor Vehicle and Fuels Coordination Committee to advise the Administrator of NASA and the Secretary of Energy on matters relating the conduct of the program of automotive research and technology development and of programs within the Department of Energy to develop alternative fuels for use by motor vehicles. Transfers to the Administrator of NASA: (1) all automotive research and technology development programs currently being conducted by other Federal agencies; (2) all functions, powers, and duties of the Secretaries of Energy and Transportation, and any other officer or employee of the United States which relate to automotive research and technology; and (3) so much of the costs and funding as are allocable to the programs which are transferred to the Administrator. Requires the Administrator to assure that small business concerns will have realistic and adequate opportunities to participate in the automotive research and development programs established by this Act. Requires the Administrator to report to Congress with respect to all activities relating to the research programs established pursuant to this Act.
United States · United States Congress · 28 June 1979
Antitrust Consent Decree Enforcement Act of 1979 - Amends the Clayton Act to provide a procedure allowing any person damaged by a violation of an antitrust judgment to bring a civil action in the court in which such judgment was entered to obtain equitable and other relief. Requires a person, before bringing such an action, to notify the Attorney General of the suspected violation of an antitrust judgment. Requires the Attorney General to take specified actions before the private action provided for this Act may be taken. Stipulates that each separate violation of an antitrust judgment shall give rise to a separate claim for penalty not to exceed $10,000. Establishes a procedure permitting parties to antitrust judgments or any party injured by violation of such judgment to petition the Attorney General to review such judgment and thereafter to petition the district court that originally issued the judgment to vacate or modify it. Authorizes the Courts to grant equitable relief to effectuate an antitrust judgment and authorizes civil penalties for violations of judgments.
United States · United States Congress · 28 June 1979
Amends the Internal Revenue Code to exclude from gross income up to $1,000 of the interest earned on a savings account in a bank, mutual savings bank, or credit union.
United States · United States Congress · 27 June 1979
Capital Cost Recovery Act of 1979 - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Allows a ten percent investment tax credit for buildings and tangible property, and a six percent credit for automobiles, taxis, and light duty trucks. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year.
United States · United States Congress · 26 June 1979
Expresses the sense of Congress that: (1) former President Richard M. Nixon should pay the United States $66,614.03 for federally-funded improvements to his California estate (known as La Casa Pacifica) which were not made for security purposes; and (2) the President and the Attorney General should attempt to recover such sum.
United States · United States Congress · 21 June 1979
Amends the Powerplant and Industrial Fuel Use Act of 1978 to permit local distribution companies to provide natural gas service to residential customers for use in outdoor lighting fixtures installed before the enactment of such Act.
United States · United States Congress · 18 June 1979
Directs the President to exercise the authority granted under the Emergency Petroleum Allocation Act of 1973: (1) to reduce crude oil inventories; and (2) to distribute the crude oil thus made available to refiners which will process such oil into gasoline, diesel fuel, and Number 2 fuel oil in order to meet the demand for such products during the 12-month period following enactment of this Act.
United States · United States Congress · 18 June 1979
Calls upon the President to urge: (1) the International Whaling Commission to adopt an indefinite moratorium on the commercial killing of whales; and (2) various countries to voluntarily comply with such moratorium.
United States · United States Congress · 15 June 1979
Amends the Internal Revenue Code to allow an income tax deduction for costs incurred for enrollment in or attendance at classes designated primarily to help individuals stop smoking cigarettes.
United States · United States Congress · 12 June 1979
Defense Economic Adjustment Act - Title I: Defense Economic Adjustment Council - Establishes within the Executive Office of the President the Defense Economic Adjustment Council. Establishes an Office of Economic Adjustment to provide necessary staff support for the Council. Sets forth the duties of the Council which include: (1) disseminating information to Federal, State, and local agencies and authorities concerning changes in defense spending affecting employment in defense industries; (2) oversight of programs providing assistance to areas adversely affected by such changes; (3) reviewing local alternative use plans; and (4) preparing and distributing a Conversion Guidelines Handbook. Title II: Alternative Use Committees - Requires the establishment, at every defense facility employing at least 100 persons, of Alternative Use Committees representing management and labor to undertake economic conversion planning and preparation for the employment of the personnel and utilization of the facilities in the event of a reduction or elimination of any defense facility or the curtailment, conclusion, or disapproval of any defense contract. Stipulates that defense contractors which fail to submit an alternative use plan to the Council or which refuse or fail to carry out the provisions of a plan approved by the Council shall lose eligibility for future contracts for a period of three years as well as losing contract termination payments and eligibility for tax credits. Requires Alternative Use Committees to periodically review plans for the conversion of the facility to civilian-oriented production and to send periodic reports to the Council regarding the progress of such plans. Directs the committees to provide occupational retraining and reemployment counseling services for employees who are displaced by the implementation of a conversion plan or the closing of a defense facility. Specifies provisions which are to be included in each alternative use plan. Title III: Economic Adjustment Fund - Establishes within the Treasury a Workers Economic Adjustment Reserve Trust Fund. Requires defense contracts to contain a provision under which the defense contractor is to pay into such fund an amount equal to one and one quarter percent per year of the value of the contractor's gross revenues on sales under such contract. Directs the Secretary of the Treasury to deposit ten percent of the projected savings from defense cutbacks into the fund. Authorizes appropriations in such amounts as may be necessary to such fund to enable the Secretary to make payments and disbursements authorized by this Act. Title IV: Economic Adjustment Assistance for Workers - Entitles workers who are displaced because of defense cutbacks to specified benefits for a two-year period, including: (1) compensation sufficient to maintain the employee's income at a level equal to 90 percent of the first $20,000 per year and 50 percent of the next $5,000 in excess of $20,000 of that worker's regular annual wage; (2) vested pension credit under any applicable pension plan; (3) maintenance of any medical, disability, or life insurance coverage which such an individual had by reason of employment by the defense contractor; and (4) retraining, job search, and relocation expenses. Stipulates that in order to be eligible for benefits under this Act a displaced worker must agree to maintain an active registration with the Secretary of Labor or an appropriate State employment agency and to accept any employment determined by the Secretary or the agency to be of the same skill or work of a similar nature at the same pay as such worker was receiving before being displaced. Stipulates that adjustment benefits under this Act shall not be taken into account in determining an individual's eligibility for unemployment compensation. Stipulates that adjustment benefits shall terminate when a displaced worker obtains employment providing 90 percent of the first $20,000 per year and 50 percent of the next $5,000 in excess of $20,000 of the worker's previous wage or two years after displacement, whichever occurs sooner. Title V: Community Economic Adjustment Planning - Entitles communities which are substantially and seriously affected by the reduction or elimination of military facilities or curtailment or conclusion of defense contracts to Federal assistance for economic adjustment to avoid substantial dislocations and for economic adjustment assistance should such dislocation occur. Directs the Council to develop guidelines by which the criteria for eligibility for planning assistance are to be applied. Authorizes the sale of excess defense capital property or facilities where such a facility is reduced or closed to the affected community at a public benefit discount. Title VI: Industrial Economic Adjustment - Authorizes the Secretary of the Treasury to make or guarantee low-interest, long-term loans to assist contractors in carrying out an approved alternative use plan to convert a plant or facility to civilian purposes. Prohibits making any such loan or loan guarantee if financing for such plan is available from any other source. Title VII: Use of Certain Research Fund - Authorizes the use of Department of Defense research and development funds for work which has a potential relationship to an urgent national requirement in a designated non-defense sector of the economy. Directs the Defense Economic Adjustment Council to define urgent national requirements for non-defense sectors of the economy. Title VIII: Authorization of Appropriations - Authorizes appropriations in such amounts as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 12 June 1979
Increases from two to three the number of divisions within the Northern District of Ohio. Requires that the Central Division leave two active judges sitting full time in Akron and one active judge setting full time in Youngstown, unless an alternative assignment is authorized which will result in an equitable allocation of caseloads among the judges of such district court.
United States · United States Congress · 11 June 1979
Federal Government Productivity Data Act - Directs the Secretary of Labor through the Bureau of Labor Statistics to: (1) collect data on the productivity of Federal employees; (2) conduct comparison studies on the productivity of public and private sector employees; (3) study the feasibility of collecting data on productivity in the private sector in the areas of capital, materials, and energy; and (4) report to Congress concerning the results of such studies and any recommendations for improving Government functions.
United States · United States Congress · 11 June 1979
Research Tax Incentive Act of 1979 - Amends the Internal Revenue Code to allow an additional ten percent investment tax credit for investment in research and experimental property. Denies such credit to taxpayers whose gross receipts were in excess of $250,000,000 for a taxable year, or whose research and experimental expenditures did not exceed 2.5 percent of the gross receipts for a taxable year. Extends the investment tax credit to buildings and structural components used in research and experimentation. Requires the recapture of credit amounts if investment property ceases to be used for research and experimental purposes. Allows the amortization of research and experimental property, based on a period of not less than 60 months.
United States · United States Congress · 11 June 1979
New Firm Incentive Act of 1979 - Amends the Internal Revenue Code to provide that net operating losses incurred by a corporation during its first three taxable years may be carried over to the next ten taxable years, for purposes of the income tax deduction.
United States · United States Congress · 11 June 1979
Labor Productivity and Training Act - Amends the Comprehensive Employment and Training Act to permit prime sponsors, pursuant to regulations of the Secretary of Labor, to provide financial assistance: (1) to employees who will be laid off due to productivity improvement programs initiated by private employers; or (2) to employers for the cost of training and retraining employees. Requires prime sponsors to: (1) give special consideration to training and retraining programs which contain cost-sharing arrangements with private employers and/or emphasize on-the-job training programs; and (2) establish, pursuant to regulations of the Secretary, criteria for determining when impending layoffs are due to productivity improvement programs. Requires that such productivity improvement retraining programs meet specified standards for all CETA retraining programs. Limits the amount which each prime sponsor may use for productivity improvement retraining programs to five percent of the CETA allocation for such sponsor. Directs the Secretary of Labor to survey all federally assisted labor training programs and to report to Congress with recommended revisions to promote: (1) labor productivity; and (2) worker retraining by joint efforts by Federal Government and by private and State and local public employers.
United States · United States Congress · 11 June 1979
Patent Depreciation Act - Amends the Internal Revenue Code to provide that research and experimental expenditures in connection with a patent may be amortized for any period of not less than 60 months.
United States · United States Congress · 11 June 1979
Research Promotion Act of 1979 - Amends the Internal Revenue Code to allow businesses with gross receipts not in excess of $250,000,000 a nonrefundable income tax credit equal to ten percent of their research and experimental expenditures which exceed 2.5 percent of their gross receipts for the taxable year. Provides for carryovers and carrybacks of unused credits in any taxable year.
United States · United States Congress · 7 June 1979
Public Oil and Gas Lands Leasing Reform Act of 1979 - Amends the Mineral Leasing Act of 1920 to authorize the Secretary of the Interior to lease Federal lands with oil or gas deposits to the highest bidder by competitive bidding. Sets forth requirements and conditions for such bidding and leasing which will encourage diligent oil and gas exploration, development, and production. Repeals the provision concerning the primary term of such leases under such Act. Deletes the provisions concerning termination of leases because of cessation of production or failure to produce oil or gas in paying quantities. Directs the Secretary to prescribe a rule prohibiting the bidding for such leases by any person in which more than one major oil company, oil company affiliate, or both, have a significant ownership interest, with specified exceptions. Prohibits the Secretary from leasing to a major oil company more than ten percent of the available Federal lands having oil or gas deposits with specified exceptions. Revises the requirement under such Act which limits the assignment of oil and gas leases.
United States · United States Congress · 6 June 1979
Amends the Food Stamp Act of 1977 to exclude from the calculation of household income for any household in which an individual is receiving aid payments to families with dependent children (under a State plan approved under title IV of the Social Security Act) all educational loans on which payment is deferred, grants, scholarships, fellowships, veterans' educational benefits, and the like received by such individual for purposes of pursuing an education at an institution of higher education or school for the handicapped.
United States · United States Congress · 6 June 1979
Replacement Motor Fuels Act of 1979 - Directs the Secretary of Energy to establish a program to promote the development and use of replacement fuels in the United States to replace gasoline used as a motor fuel with replacement motor fuel containing the maximum percentage of alcohol, or other liquid produced from coal, oil, shale, or other substances as is economically and technically feasible. Directs the Secretary to determine with respect to replacement fuels: the most suitable raw materials for their production, the nature of the distribution systems and production processes of such fuels, the technical and economic feasibility of including liquids extracted from oil shale and coal in such program, and the technical and economic feasibility of reaching goal of replacing 20 percent of the gasoline used as a motor fuel with replacement fuels by the year 1992. Directs the Secretary to set production goals for replacement fuels for each of calendar years through 1981 through 1987. Sets forth the manner of determining the percentage of replacement fuel by volume to be contained in the total quantity of gasoline and replacement fuel sold annually in commerce in the United States in calendar years 1981 through 1990, and directs the Secretary to issue a rule setting the minimum percentage replacement fuel to be sold for year 1981 through 1986 by any refiner. by any refiner. Sets forth provisions for the enforcement of such requirements. Authorizes the appropriation of up to $1,000,000 for fiscal year 1980 to carry out this Act.
United States · United States Congress · 5 June 1979
Antarctic Preservation Act - Directs the Secretary of the Interior to develop a plan for the establishment of a Historic and Natural Preserve to consist of such areas of the Antarctic Continent and surrounding waters as may be necessary to preserve outstanding geological, historical, and natural values. Authorizes the Secretary to establish the Antarctic Historic and Natural Preserve subsequent to ratification by those interested nations deemed by him to be required to assure adequate protection of the resource. Authorizes the Secretary to commit personnel, funds, and other resources to establish, operate, and maintain facilities required for the protection of the preserve. Authorizes all Federal agencies to assist the Secretary in this endeavor. Prohibits the executive branch from taking any action contrary to the intent of this Act regarding the Antarctic Continent to a distance of 500 nautical miles from the mean annual projection of the Antarctic ice shelf. Requires the submission of annual progress reports to the appropriate committees of the House of Representatives and of the Senate.
United States · United States Congress · 30 May 1979
Amends the Land and Water Conservation Fund Act of 1965, with respect to financial assistance to a State for development of basic outdoor recreation facilities, to remove: (1) the ten percent limitation on the use of such assistance for construction of sheltered swimming pools and ice skating rinks; and (2) the restriction of such use to areas of severe climatic conditions.
United States · United States Congress · 30 May 1979
Fair Employment Relations Resolution - Title I: Fair Employment Relations Board - Establishes as an office of the House of Representatives the House Fair Employment Relations Board to: (1) establish and publish policies and guidelines for the implementation and enforcement of clause 9 of rule XLIII and clause 6(a) (3) (A) of rule XI of the Rules of the House of Representatives; (2) supervise the actions of the Director and the operations of the House Fair Employment Relations Office; and (3) hear and determine complaints. Title II: House Fair Employment Relations Office - Establishes as an office of the House of Representatives the House Fair Employment Relations Office to develop procedures to implement the policies of the Board, gather information relating to House employment practices, and review procedures for the hearing and setting of complaints. Title III: Complaints of Violations of Equal Employment Opportunities - Provides for counseling and assistance through the Office to any individual who believes that he or she has been discriminated against in violation of rule XI or rule XLIII of the Rules of the House of Representatives. Sets forth the procedures for filing informal complaints based on employment discrimination, and for the informal settlement of such claims. Sets forth the procedure for filing formal complaints, and for conducting hearings on such claims. Provides for an appeal to the Committee on Standards of Official Conduct from an adverse decision or order of the Board. Sets forth remedies available to individuals who have experienced discrimination.
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.
United States · United States Congress · 23 May 1979
Omnibus Solar Energy Commercialization Act of 1979 - Establishes a national goal for the increased use of renewable energy resources as a part of the Nation's total energy supply in the year 2000. Defines the term "passive solar energy system" to mean space heating and cooling systems making the most efficient use of, or enhancing the use of, natural forces including solar insulation, winds, nighttime coolness, and cooling by radiation to the night sky, to heat or cool living space by the use of conductive, convective or radiant energy transfer. Describes several types of passive solar energy systems. States that it shall be the policy of the Secretary of Energy to utilize State and local government organizations, Energy Extension Services, regional Solar Energy Research Centers, and other such entities in providing information services, training, education and other services to the public and to persons involved in the development and commercialization of solar energy systems. Directs the Secretary to establish the Solar Heating and Cooling Information Center to provide information services to the public and to the entities listed above, including: (1) retrieval and dissemination of solar energy development and commercialization materials; (2) development of materials specifically designed to assist architects, builders, installers, manufacturers and others involved in solar energy development and commercialization; and (3) development of training and education programs specifically designed for such purposes. Directs Federal agency heads responsible for construction of new civilian Federal buildings to require the utilization of active and passive solar energy systems unless it is determined that such systems are not cost effective, according to a specified formula. Directs the head of each Federal agency operating a fueling station for civilian gasoline motor vehicles to require that such stations only dispense a ten percent alcohol and gasoline mixture. Requires that the same alcohol-gasoline mixture be dispensed by retail gasoline supply outlets operated by Federal agencies. Authorizes the Administrators of the Alaska Power Administration, the Bonneville Power Administration, the Southwestern Power Administration, and the Western Area Power Administration to purchase power from proposed non-federally constructed generating facilities utilizing renewable energy resources. Authorizes such Administrators to construct and operate non-hydroelectric generating facilities, provided that the Administrator has made a public offer to purchase or guarantee the purchase of power from a comparable non-federally constructed facility and has received no offer from a non-Federal entity to construct such a facility. Directs the Secretary to establish within the Department of Energy a Solar Energy Development Corporation with the same corporate powers given the Government National Mortgage Association. Sets forth the purposes of the Solar Corporation to provide financial initiatives to promote the use of renewable energy resources, including subsidies of long-term, low-interest loans. Sets forth terms and conditions of and limits on the amount of such loans. Amends the Energy Conservation in Existing Buildings Act of 1976 to include within the definition of "weatherization materials" materials associated with passive and active solar energy systems.
United States · United States Congress · 22 May 1979
Amends the Internal Revenue Code to extend for one additional year (until January 1, 1981) provisions which allow taxpayers to treat as deductible expenses expenditures to remove architectural and transportation barriers to the handicapped and elderly.
United States · United States Congress · 16 May 1979
Oil Industry Tax Reform Act of 1979 - Amends the Internal Revenue Code to repeal the percentage depletion allowance for independent oil and gas producers and royalty owners. Repeals the tax treatment of intangible drilling and development costs for oil and gas wells (except nonproductive wells) as currently deductible expenses. Requires such costs to be capitalized and amortized over a 168 month period. Disallows an income tax credit for foreign taxes paid by domestic corporations on foreign oil related income. Treats such taxes as royalties for which a deduction or exclusion from foreign source income would be allowed. Requires the payment of income taxes at the corporate level on the foreign oil-related income of domestic corporations.
United States · United States Congress · 16 May 1979
Urges the Iranian government to: (1) honor its pledges to safeguard minorities; and (2) provide adequate legal protection to religious minorities. Condemns: (1) the revolutionary tribunals' use of summary justice in Iran; and (2) the execution of an Iranian Jew based on his contacts with Israel and Zionism. Calls upon the President to: (1) apply the U.S. human rights policy to Iran; and (2) work through international forums to encourage the Iranian government to insure the rights of religious minorities.
United States · United States Congress · 15 May 1979
Infant Nutrition Act of 1979 - Prohibits the sale, distribution, or export of infant formula to any developing country on a list to be published by the Federal Trade Commission (FTC), unless pursuant to an export license. Sets forth the application procedure for such licenses and the conditions which must be met before such applications will be approved. Authorizes the Secretary of Commerce to issue and renew such licenses after notification by the FTC of its approval. Provides for revocation of such license if the Secretary is notified that the sale of infant formula would contribute to morbidity or mortality in early infancy. Requires licensees to report the quantities of infant formula sold under the license to the Secretary. Prohibits the sale, distribution, or export of infant formula to any developing country unless the formula containers contain specified instructions and information. Makes it unlawful for U.S. persons to promote, directly or indirectly, the sale of infant formula in any developing country. Sets forth penalties for violations of this Act.
![Official portrait of Rep. Seiberling, John F. [D-OH-14]](https://www.congress.gov/img/member/s000230_200.jpg)