United States · United States Congress · 18 January 1979
Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to establish a program to identify and monitor abandoned hazardous waste sites. Authorizes the Administrator to make grants to States which submit programs for the maintenance and reclamation of abandoned hazardous waste sites where such programs are approved under rules promulgated by the Administrator intended to protect the public health, safety, and the environment. Authorizes States, pursuant to approved State programs, to enter, study and acquire any land adversely affected by hazardous waste at abandoned hazardous waste disposal sites and to do all things necessary to restore, reclaim, abate, control, or prevent such adverse effects if such action is required in the public interest. Specifies conditions under which a State may acquire such lands. Authorizes the sale of such acquired lands after restoration and reclamation has been accomplished where such lands are deemed to be suitable for specified uses. Directs a State to record a lien against lands not acquired by the State for moneys expended to restore, reclaim or prevent adverse effects of hazardous waste disposal on such lands. Authorizes the Administrator to designate sites for new hazardous waste disposal sites upon a finding that such sites will be safe and environmentally sound. Requires the Administrator to consult with the National Academy of Sciences (NAS) and to take into account results of studies and investigations of such sites initiated under agreements between the Administrator and NAS before designating such sites. Establishes a fund for the maintenance and reclamation of abandoned sites. Provides that fees collected from permit holders, based upon the toxicity of the type of waste involved and the costs of the technology needed to treat, store or dispose of such type of waste accepted by such persons, shall form the basis of such fund. Imposes civil and criminal penalties for failure to comply with requirements of this Act. Authorizes the Administrator to establish and implement programs for maintenance and reclamation of such sites in the event a State fails to receive program approval within one year of enactment of this Act, and stipulates that such Federal programs shall remain in effect until the approval of a State program. Authorizes the Administrator to provide assistance in specified emergencies caused by the release into the environment of any pollutant or other contaminant associated with a hazardous waste facility. Authorizes the appropriation of $25,000,000 to maintain that level, for a contingency fund to carry out such emergency assistance. Imposes liability upon an owner or operator of such facility for such discharges for the actual costs incurred by the United States in such emergency cleanup operations. Makes necessary technical and conforming amendments to the Solid Waste Disposal Act.
United States · United States Congress · 18 January 1979
Tax Equity Act of 1979 - Provides that the Secretary of the Treasury shall, within 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means a draft of any technical and conforming changes in the Internal Revenue Code which should be made to reflect the substantive amendments made by this Act. Provides that every amendment made by this Act shall apply notwithstanding that its application may be contrary to the provisions of some treaty in effect on the date of the enactment of this Act. Title I: Capital Gains and Losses - Repeals the alternative tax on long term capital gains for individuals, corporations, and life insurance companies. Provides, in lieu of the present 60 percent tax deduction for net long term capital gains, an exclusion from gross income of so much of the gain as does not exceed one half of one percent of the adjusted basis of property (capital assets or property used in a trade or business) at the time of its sale or exchange times the number of months such property is held over 12 months. Repeals provisions of the Internal Revenue Code related to the preferential tax treatment of long term capital gains. Allows the deduction of capital losses for corporations only to the extent of the gains which such corporations realize from the sale or exchange of capital assets and property used in its trade or business. Allows the deduction of capital losses for other taxpayers only to the extent of gains realized by such taxpayers plus the taxable income of the taxpayer or $3,000, whichever is smaller. Permits a one year carryover of net capital losses which exceed the limitations on deductibility in the current or preceding taxable years. Permits a three year carryback of such losses which are in excess of $10,000. Limits the deduction for net capital losses to the amount of the net capital gain in the year in which the loss is carried back. Allows a carryback of net capital losses without regard to the $10,000 limit for a decedent who sustains a capital loss in the year of his death. Allows the executor of a decedent's estate to include in the gross income of a decedent for his last taxable year any unrealized capital gains on a capital asset held by the decedent at the time of his death, if the decedent had a net capital loss during such year. Requires the amount of gain included in the decedent's gross income to be added to the adjusted basis of the property for purposes of computing the basis of property passing to the heirs. Provides that periodic income from the sale or exchange of patent rights shall be treated as royalties (ordinary income) rather than as gain from the sale or exchange of a capital asset. Title II: Income Derived from Extraction of Minerals - Repeals the percentage depletion allowance for taxable years beginning after 1979. Allows an income tax deduction for expenditures (including intangible drilling costs) incurred in the exploration and development of mineral properties (including geothermal deposits), but only to the extent of taxable income derived from such properties. Terminates the income tax deductions for expenditures for the development of mines or other natural deposits (other than an oil or gas well) and for expenditures for mining exploration after 1979. Provides an exclusion from gross income of amounts derived from foreign mineral properties, provided that such income is not derived from: (1) a nonoperating mineral interest; (2) distributions received with respect to the stock of a corporation; and (3) amounts includible in gross income as undistributed profits of controlled foreign corporations. Limits the losses allowable from the disposition of mineral property to the extent of the gains from the sale or exchange of such properties during the taxable year. Title III: Reform Measures Affecting Primarily Individuals - Revises the income tax rates for individuals to limit the maximum rate to 50 percent. Provides, in lieu of certain itemized personal income tax deductions, an income tax credit equal to 30 percent of the itemized deductions which the taxpayer would normally take for the taxable year. Specifies those deductions which qualify as personal deductions. Limits to $10,000 the amount of interest and taxes paid on a personal residence which may qualify for the 30 percent credit. Allows a standard credit allowance (in lieu of the zero bracket amount) for taxpayers who do not itemize income tax deductions. Authorizes the President to increase or decrease by not more than two percent the amount of the credit if he determines that such action is in the public interest. Provides that either House of Congress may disapprove Presidential action to increase or decrease the credit. Requires a taxpayer who is claiming a child for purposes of the 30 percent income tax credit, to include in his gross income any income received by the child during the taxable year from a trust created by the taxpayer, and also any dividends, interest, or royalties received by the child from any property given to him by the taxpayer. Provides that shareholder-employees of closely held corporations must include in gross income: (1) that part of contributions paid by an employer-corporation (and deductible by it) to trusts, annuities, or bond purchase plans for the benefit of the shareholder-employee in excess of (a) the lesser of 15 percent of his compensation; or (b) $7,500, unless 75 percent of the contributions made during the year by the corporation under the plans are for the benefit of employees who are not shareholder-employees; (2) payments to an accident or health plan for the benefit of a shareholder- employee unless employees who are not shareholder-employees received 75 percent or more of all such payments made by the employer-corporation during the taxable year; and (3) the value of lodging and meals furnished by the employer-corporation. Repeals the $100 exclusion from gross income for dividend income. Requires a taxpayer who claims a business expense deduction for attendance at a foreign convention that such convention was: (1) directly related to the active conduct of his trade or business; and (2) more properly held outside the United States than within it, considering all the circumstances. Disallows any deduction for the expenses of attending a convention held on a cruise ship. Revises the formula for computing the income tax deduction for the maintenance of a vacation home to lower the amount of the allowable deduction. Limits the amount of the allowable income tax deduction attributable to farming to the gross income derived from the business of farming for a taxable year plus, in the case of an individual, the greater of $10,000 or the amount of the special deductions (taxes, interest, casualty or theft losses, drought losses, and capital losses) attributable to farming, or in the case of other taxpayers, the amount of the special deductions for the taxable year. Provides that the earnings and profits of a parent corporation, for the purpose of paying taxable dividends, shall not be less than the earnings and profits of the consolidated group for the taxable year. Provides for the recognition of gain from the transfer of appreciated property to a controlled corporation by a related corporation to the extent that such transfer qualifies as the payment of a dividend. Provides that stock options granted to officers and employees of a corporation will not have an ascertainable fair market value at the time they are granted unless such options are traded on a stock exchange or over the counter. Provides that an individual who establishes a trust for his minor children and retains an interest in such trust which will revert to him after ten years will be taxed on the interest which is distributed to his children during the ten year period. Extends to business enterprises formed to invest in real estate the rule which limits income tax deductions for business losses to amounts which such enterprises actually have at risk. Prohibits an individual from basing his estimated tax payments on the prior year's tax (or at the current year's rates applied to the prior year's facts) if in any one of the three preceding taxable years the tax shown on his return was in excess of $100,000. Treats a partnership which is required to file a registration statement with the Securities and Exchange Commission or a comparable State agency after July 1, 1979, as a corporation for taxable years ending after the date of the filing of the registration statement. Title IV: Reform Measures Affecting Primarily Corporations - Repeals the investment tax credit with respect to property placed in service on or after January 1, 1980. Repeals the asset depreciation range system of computing the allowance for depreciation. Reinstates the reserve ratio test for determining the useful life of property subject to the allowance for depreciation. Prohibits a corporation from claiming an income tax deduction for depreciation which is greater than the amount of depreciation carried on its books for purposes of reporting earnings to shareholders. Limits the business expense deduction for repairs to the amount which a corporation reports on its books as current expenses. Limits the amount of the income tax deduction for dividends received by corporations to 85 percent of its taxable income computed without regard to the operating loss deduction or any capital loss carryback. Permits a carryover of any amount disallowed due to such limitation to the following taxable year. Provides that any dividend received by a corporation from an unaffiliated corporation shall be reduced, for purposes of the dividends received deduction, by the amount of any interest costs incurred to purchase or carry the stock of the unaffiliated corporation. Disallows the dividends received deduction for dividends received from an unaffiliated corporation to the extent that such dividends exceed the amount of dividends paid by the receiving corporation during the taxable year. Permits the nonrecognition of gain in the case of a corporation which distributes appreciated property in redemption of its stock pursuant to a court proceeding under the antitrust laws, if such stock was acquired before January 1, 1970. Repeals provisions permitting the nonrecognition of gain from the bulk sale of inventory in a 12 month corporate liquidation. Imposes a tax at the corporate level on a portion of the gain from the distribution of property by a corporation to tax-exempt shareholders pursuant to a 12 month liquidation. Permits the nonrecognition of gain from a distribution of corporate property pursuant to a plan of complete liquidation, if , at the time of the adoption of the plan, the corporation has more than 15 shareholders. Disqualifies as a tax free reorganization a transaction in which share-holders of a merging corporation own, as a result of such transaction, less than 20 percent of the total combined voting power of all classes of stock of the surviving corporation. Terminates the special treatment of bad debt reserves of financial institutions after December 31, 1979. Taxes, on a current basis, the undistributed profits of a controlled foreign corporation to its domestic shareholders based upon each shareholder's pro rata share of such undistributed profits. Terminates the tax exemption for a domestic international sales corporation (DISC) after December 31, 1979. Reduces the basis of property owned by a corporation which is similar or related in service or use to property which has been involuntarily converted by the amount of gain which is not recognized as a result of the purchase of stock in such corporation. Prohibits a corporation from basing its estimated tax payments on the prior year's tax (or on the basis of the prior year's facts and the current year's rates) if in any one of the three preceding taxable years the tax shown on the corporation's return was in excess of $300,000. Disallows the income tax deduction for interest paid by banks and other financial institutions to depositors and other creditors to the extent that their investments in tax exempt bonds constitutes a percentage of their total assets. Title V: Reforms Affecting Individuals and Corporations - Repeals provision which permits the deduction of an individual's or corporation's income tax liability from the sum of the items of tax preference for purposes of the minimum tax. Repeals provisions designating reserves for bad debts of financial institutions, percentage depletion, and capital gains as items of tax preference. Designates tax exempt interest on State and local bonds and the foreign tax credit as items of tax preference. Requires the inclusion in the gross income of a corporation the difference between the value on the open market of the use of the corporation's property or money and the amount charged to a shareholder for the use of such property or money. Treats such amount as a dividend to the shareholder. Disallows an income tax deduction for depreciation of a rental building to the extent that such depreciation would reduce the adjusted basis of the building below the unpaid balance of the mortgage on the land and building. Reduces the allowable amount of the charitable deduction for the contribution of appreciated property to a charitable organization by the amount of gain which would have been realized if the property contributed had been sold by the taxpayer at its fair market value. Requires the capitalization of expenditures attributable to the planting, cultivation, maintenance, or development of any fruit or nut grove, or any vineyard, and which is incurred before the time when the productive stage is reached. Repeals the tax exemption of foreign individuals or corporations which operate ships documented under the laws of a foreign country which grant an equivalent tax exemption to United States citizens or corporations. Empowers the Internal Revenue Service to conduct all civil proceedings involving the enforcement of the internal revenue laws in any court (including the United States Supreme Court). Title VI: Reforms Affecting Private Foundations and Estate and Gift Taxes - Provides that a trust shall not be treated as a public charity if the trustees have discretion to distribute as they see fit more than 50 percent of the trust income between two or more organizations named in the trust instrument as permissible beneficiaries. Treats an individual's contribution to a private foundation as public support only to the extent that such contribution does not exceed one-half of one percent of the foundation's support. Eliminates the five percent reversionary interest test for determining whether the value of trust property passing to its beneficiaries upon the death of the grantor will be included in the estate of the grantor. Requires the inclusion in the gross estate of a decedent the value of an annuity or other plan of compensation receivable by a beneficiary under an agreement of the decedent's employer which arose out of services rendered by the decedent, whether or not the beneficiary has an enforceable right to receive the compensation. Provides that the exclusion from the gross estate of a decedent of annuity payments attributable to employer contributions shall apply only if such payments go to the decedent's surviving spouse. Requires the inclusion of life insurance proceeds in the gross estate of a decedent in the proportion that the premiums paid by the decedent or his spouse bears to all premiums paid for the insurance. Limits the charitable estate tax deduction to the greater of $1,000,000 or 50 percent of the gross estate minus expenses for administration and payment of the decedent's debts. Excludes from the gross estate any transfer made by the decedent during his lifetime for which an estate tax charitable deduction is permitted. Permits the donor of property to a charitable organization a gift tax deduction for the value of such property even if he retains an interest in the property donated. Title VII: State and Local Obligations - Repeals the income tax exclusion for interest on State and local bonds issued after December 31, 1979. Provides that the Federal Government will pay 35 percent of the interest yield on State and local bonds, other than industrial development bonds, issued after December 31, 1979. Title VIII: Withholding of Income Tax on Dividends and Interest - Requires the withholding of income tax on interest and dividends equal to ten percent of such interest or dividends. Defines "interest" and "dividends" for purposes of this Title.
United States · United States Congress · 18 January 1979
Wildlife on Federal Lands Trapping Act of 1979 - Requires the Secretary of the Interior to issue such regulations relating to trapping as are necessary to carry out the purposes of this Act. Prohibits the Secretary from approving any type of trap unless such trap utilizes the most humane capture method available for the species concerned, and minimizes the probability of capturing species for which such trap was not intended. Directs the Secretary to undertake a research program to develop such types of traps. Establishes an advisory commission to make recommendations to the Secretary with respect to traps designed or intended for use. Prohibits the Secretary from permitting trapping on Federal lands where such trapping may reduce any species below specified levels. Sets forth a procedure for the application and issuance of trapping permits. Requires the attachment of a shipping certificate to any package containing the fur, hide, skin, horn, or feathers of any mammal or bird captured by any trap within any State or the District of Columbia if such package is transported in interstate or foreign commerce. Establishes criminal penalties for: (1) engaging in trapping without a permit issued pursuant to this Act; (2) violating any condition of such permit; (3) violating any regulation of the Secretary relating to trapping; (4) selling or transporting in interstate commerce an unapproved trap; (5) falsifying the shipping certificate; or (6) conveying any package under this Act without affixing the shipping certificate or affixing a false certificate. Authorizes the Secretary to enter into cooperative agreements with States with respect to the imposition of trapping regulations consistent with those prescribed under this Act. Authorizes such appropriations as may be necessary to carry out the purposes of this Act.
United States · United States Congress · 15 January 1979
Solar Energy Bank Act - Establishes a Government corporation in the Department of Housing and Urban Development to be known as the Solar Energy Development Bank to make long-term, low-interest loans to encourage the use of solar energy in commercial and residential structures. Sets forth requirements for loan eligibility concerning the term and amount of the loan and necessary warranties for the solar energy systems covered by such loan. Prohibits conflicts of interest on the part of officers or employees of the Bank. Imposes criminal penalties for the furnishing of false or misleading information by applicants for loans under this Act. Establishes a seven-member Advisory Board to make annual reports to Congress and the President on the operation of the program established by this Act. Prohibits subsidy payments under this Act to any person who has received other Federal assistance for purchase and/or installation of energy systems similar to the solar systems assisted under this Act.
United States · United States Congress · 15 January 1979
Nuclear Incident Liability Reform Act of 1978 - Amends the Atomic Energy Act of 1954 to require that licensees for nuclear facilities obtain the maximum amount of liability insurance available from private sources. Requires that such licensees participate in an industry retrospective rating plan in addition to maintaining such insurance. Directs the Nuclear Regulatory Commission to establish rules specifying the rates for deferred premiums charged to licensees under such plan in the event of any nuclear incident resulting in public liability which exceeds or appears likely to exceed the level of a licensee's primary financial protection and the amount otherwise available from such licensee for the satisfaction of such liability. Authorizes the Commission to loan to a licensee, at prescribed interest rates, the amount by which an assessment of deferred premiums exceeds the amount which the licensee is able to pay within a reasonable time following any nuclear incident without impairing its ability to provide electric utility service. Repeals the provisions of the Atomic Energy Act of 1954 relating to indemnification of licensees from liability which is in excess of the level of financial protection required of the licensee. Eliminates the $500,000,000 ceiling on indemnification of contractors of the Commission against claims for liability, arising out of contractual activities, which are above the amount of financial protection required of contractors. Repeals provisions of such Act relating to: (1) the $560,000,000 maximum aggregate liability for a single nuclear incident; (2) the collection of fees for indemnification agreements, and (3) compensation to private insurance organizations for services connected with handling indemnifications. Eliminates the exemption from the requirements of financial protection of nonprofit, educational institution licensees. Repeals the Commission's authority to indemnify persons engaged in activities relating to the Nuclear Ship Savannah from liability for nuclear incidents. Terminates the Commission's authority to enter agreements with other indemnitors with respect to emergency assistance payments. Makes technical and conforming amendments to carry out the purposes of this Act.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to exclude from gross income up to $1,000 ($1,500 for joint returns, $750 for married individuals filing separately) of the interest earned from savings accounts. Reduces the amount of such exclusion, dollar for dollar, by the amount the taxpayer's adjusted gross income exceeds $10,000 ($15,000 for joint returns, $7,500 for married individuals filing separately).
United States · United States Congress · 15 January 1979
Amends the Hazardous Materials Transportation Act of 1975 to prohibit the Secretary of Transportation from permitting the transportation of any radioactive material through or into an area with a population density greater than 12,000 persons per square mile, except where such material is to be used for medical diagnosis or treatment or during a national emergency.
United States · United States Congress · 15 January 1979
Amends the Emergency Petroleum Allocation Act of 1973 to extend price controls on domestically produced crude oil for a period of 24 months. Directs the President to promulgate and make effective an amendment to such Act which would continue ceiling prices applicable to any first sale of domestic crude oil for such period.
United States · United States Congress · 15 January 1979
Petroleum Industry Pipeline Divestiture Act - Amends the Clayton Act to make it unlawful, after December 31, 1981, for any person who owns or controls a pipeline to transport by such pipeline any petroleum, petroleum product, or natural gas which such person owns or controls, or has owned, controlled, produced, or refined. Requires each person who transports by such pipeline any petroleum, product of petroleum refining, or natural gas, not later than December 31, 1980, to submit to the Attorney General plans for compliance with this Act.
United States · United States Congress · 15 January 1979
Energy Technology Availability Act - Amends the Clayton Act to authorize the Attorney General to certify in a district court of the United States that a person residing in such district has unreasonably suppressed solar energy, coal gasification, coal liquefaction, or oil shale technology. Empowers the district court, without regard to the amount in controversy, to order such person to license such technology to a qualified applicant at reasonable rates and on reasonable and nondiscriminatory terms.
United States · United States Congress · 15 January 1979
Amends the Food Stamp Act of 1964 to exclude cost-of-living increases in Social Security benefits from consideration as household income for purposes of determining: (1) eligibility for participation in the food stamp program; (2) the charge for issuing a coupon allotment to a household; and (3) eligibility for any Federal program administered by the Department of Agriculture which provides for the donation or distribution of surplus agricultural commodities to low-income persons.
United States · United States Congress · 15 January 1979
Amends title XIX (Medicaid) of the Social Security Act to assure the individuals otherwise eligible for benefits under such title do not lose such eligibility, or have the amount of such benefits reduced, because of increases in the amount of benefits under title II (Old-Age, Survivors and Disability Insurance) of such Act.
United States · United States Congress · 15 January 1979
Social Security Rights Act - Requires that procedures be established for the expedited replacement of undelivered benefit checks under title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act. Requires that decisions (and reconsiderations) on initial benefit claims be made within 90 days. Requires that payment of benefits on approved claims begin no later than the day regularly fixed for delivery of benefit checks in the second month following the month in which the claim was approved.
United States · United States Congress · 15 January 1979
Prohibits the consideration of any cost of living or general benefit increase of Old Age, Survivors and Disability Insurance benefits after May, 1977 for purposes of determining the eligibility for or amount of assistance which any individual or family is provided under the United States Housing Act of 1937, the National Housing Act, the Housing and Urban Development Act of 1965, or the Housing Act of 1949.
United States · United States Congress · 15 January 1979
IRA-Employer Plan Coordination Act of 1979 - Amends the Internal Revenue Code to extend to participants in qualified (tax-exempt) private employer pension plans the income tax deduction for cash contributions made by, or on behalf of, such participants to a retirement savings account. Limits such deduction to the excess of the lesser of $1,500 or an amount equal to 15 percent of an individual's employment compensation for the taxable year, over the total amount of contributions made on behalf of such individuals to a plan under which the individual has a nonforfeitable right to 100 percent of his accrued benefits. Specifies limits on the amount of deductible contributions to simplified employee pensions and individual retirement plans. Reduces, by five percent, the allowable deduction for participants in a multiemployer defined benefit plan or church plan. Disallows deductions for employees covered by Government plans, owner-employees, officers of corporations maintaining a plan, ten percent shareholders, and individuals who have attained age 70 1/2. Disallows deductions for individuals who are otherwise qualified but who do not conform to methods prescribed by the Secretary of the Treasury for computing the total amount of plan contributions for a taxable year. Requires the recapture of specified amounts taken as deductions for contributions to a plan in the gross income of a plan participant whose rights under such plan become fully vested. Excludes employee contributions to a qualified employer pension plan from the gross income of the employee. Requires the inclusion in the gross income of a plan participant distributions, not received as an annuity, from a plan to which the participant has made one or more deductible contributions. Imposes an additional tax of ten percent on plan distributions which a plan participant receives before 59 1/2. Requires the administrator of a qualified private employer pension plan to submit an annual written statement of information concerning the plan to its participants. Requires an individual retirement account to contain a method for determining the taxable year in which specific contributions are made to it and the amount of income and loss which is attributable to a specific contribution for each taxable year.
United States · United States Congress · 15 January 1979
Handgun Crime Control Act of 1979 - Makes it unlawful for any person to import, manufacture, sell, buy, transfer, receive, or transport any handgun. Authorizes the Secretary of the Treasury to exempt from this prohibition handguns: (1) required for the operation of licensed pistol clubs; (2) utilized by Federal, State, and local agencies; or (3) which are unserviceable and intended for use as collector's items. Establishes procedures for the reimbursement of persons voluntarily delivering handguns to a law enforcement agency. Specifies procedures for the licensing of pistol clubs, including conditions for approval of applications by the Secretary of the Treasury and administrative and judicial review of a license denial or revocation. Sets forth requirements for the operation of licensed pistol clubs, including record keeping of the receipt, sale, or other disposition of handguns. Allows the Secretary, upon request of any State or local government, to release information about the identity of pistol club members and their handguns. Imposes criminal penalties on persons violating the provisions of this Act, including those persons making misrepresentations in required records or license applications. Subjects to seizure and forfeiture any handgun used, or intended to be used, in violation of this Act or any other Federal criminal law.
United States · United States Congress · 15 January 1979
Amends the Congressional Budget Act of 1974 to require that a statement of the steps that have been or will be taken to reduce unobligated balances of budget authority under Federal programs and an estimate of the level of unobligated balances of budget authority that will exist at the end of the fiscal year be included in: (1) the report accompanying the first concurrent resolution on the budget each year; (2) the annual reports submitted by other committees to the Budget Committees of the House of Representatives and the Senate; and (3) the President's annual budget.
United States · United States Congress · 15 January 1979
Prohibits any creditor from discriminating against any applicant on the basis of the geographical location of the applicant's residence except when the credit is secured by the applicant's residence.
United States · United States Congress · 15 January 1979
Nuclear Energy Reappraisal Act - Directs the Nuclear Regulatory Commission to cease the granting of licenses or construction authorizations for nuclear fission powerplants pending the outcome of a comprehensive study by the Office of Technology Assessment. Continues such termination until Congress determines that safety and environmental hazards have been adequately studied and that nuclear fission plants are acceptable in comparison to other energy sources. Authorizes a resumption of licensing under limited conditions which shall be specified by Congress. Requires a five-year independent study of the nuclear fuel cycle by the Office of Technology Assessment. Empowers the Office to compel delivery of any information necessary for conducting such study. Directs all government agencies to cooperate fully with the Office. Requires the preparation of a final report with recommendations at the end of five years and annual progress reports. Requires the following specific issues to be considered in the final report: (1) safety and environmental hazards, including an analysis of reported malfunctions; (2) genetic effects of low level radiation; (3) economic implications of a long-term nature; (4) proliferation dangers; (5) economical and technical capabilities of utilities; and (6) licensing procedures of past regulatory agencies. Stipulates that existing nuclear fission powerplants shall operate at less than licensed core power level and be annually derated should Congress fail to determine that the licensing of fission plants may continue after conclusion of the study. Requires the Federal Government, to the maximum extent possible, to expend funds for employment creation programs in areas where unemployment has been caused by the implementation of this Act. Authorizes the appropriation of $15,000,000 per year for each of the five fiscal years following the date of enactment of this Act.
United States · United States Congress · 15 January 1979
Title I: Domestic Oil Pollution Liability, Compensation, and Fund - Establishes in the Treasury of the United States the Comprehensive Oil Spill Liability Fund for the purposes of paying for otherwise uncompensated losses resulting from oil pollution. Enumerates the sources of monies to be deposited in such fund, including a fee not to exceed three cents per barrel of oil, imposed upon owners of facilities receiving oil. Obligates owners of such oil to reimburse the refinery or terminal the full amount of the fee levied on such person's oil. Imposes a civil penalty on any person required to pay or collect such fees who fails to do so. Authorizes the Secretary of Transportation to issue obligations to the Secretary of the Treasury at times when fund assets are insufficient to meet fund liabilities. Lists the types of injuries which may be compensated under this Act and the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on the owners and operators of each pollution source. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Transportation to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, or transferring oil. Requires the owner or operator: (1) of any such facility; or (2) of any vessel which uses such facility or navigable waters of the United States, to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Directs the person in charge of a vessel or facility to immediately notify the Secretary of Transportation of any pollution incident in which the vessel or facility is involved. Specifies procedures whereby the Secretary may, in the absence of such an admission, designate and advertise pollution sources. Directs the Secretary, in instances in which (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source, to advertise claims with limited exceptions to be presented initially to the owner or operator, or to such person's guarantor. Permits claimants either to present a claim to the fund or to bring an action in an appropriate United States court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the fund. Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the fund. Permits the fund to intervene in such actions. Subrogates any person or government entity, including the fund, paying compensation to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in actions brought by the fund against owners, operators, or guarantors of alleged pollution sources. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution. Sets penalties for persons failing to comply with specified provisions in this Act. Directs the President to conduct a study to determine whether adequate private oil pollution protection is reasonably available to owners and operators of vessels and facilities. Title II: Effective Dates; Conforming Amendments - Specifies the effective date of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, and the Trans-Alaska Pipeline Act, to conform with the the provisions of this Act.
United States · United States Congress · 15 January 1979
Public Health Cigarette Smoking Act of 1979 - Makes it unlawful, under the Federal Cigarette Labeling and Advertising Act, for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes the package of which: (1) fails to bear the required health warning statement; and (2) fails to bear a statement of the tar and nicotine content of each cigarette in such package, as determined by the Federal Trade Commission. States that it shall be unlawful for any person to disseminate or cause to be disseminated any cigarette advertisement which fails to contain the required statements and which is either disseminated by United States mails or in commerce or which is likely to induce, directly or indirectly, the purchase in, or have an effect upon, commerce of cigarettes. Requires cigarettes for export to contain the required statements in the language of the country to which such package is exported.
United States · United States Congress · 15 January 1979
Sludge Management Act of 1979 - Directs the Administrator of the Environmental Protection Agency to study the environmental, health, and economic effects of subsurface landfilling sludge on soils and ground water, and alternate methods of sludge disposal. Directs the Administrator to develop guidelines for sludge disposal and land-spreading in order to protect the public health and welfare. Authorizes the Administrator to make grants to States and localities of up to 40 percent of the cost of removal of sludge from navigable waters of the United States or any adjacent shoreline. Directs the Administrator to establish an Environmental Protection Agency Task Force on sludge removal. Authorizes the establishment of programs of training, demonstration, and surveys relating to the restoration of water quality where degraded by sludge. Amends the Federal Water Pollution Control Act to prohibit grants for treatment works, unless the applicant demonstrates that adequate, confined sludge disposal methods will be provided.
United States · United States Congress · 15 January 1979
Amends the Arms Export Control Act to extend the period of time during which Congress can adopt a concurrent resolution objecting to a proposed arms sale.
United States · United States Congress · 15 January 1979
Amends the Higher Education Act of 1965 to exclude the value of a family's residence in calculating family contribution for purposes of basic educational opportunity grant eligibility.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to permit an individual income tax credit for qualified energy conservation expenditures with respect to a home which is owned by the taxpayer and is used by an individual other than the taxpayer as his principal residence.
United States · United States Congress · 15 January 1979
Press Protection Act - Prohibits any person acting under color of law, without a prior adversary court proceeding, from searching any place or seizing any things in the possession, custody, or control of any person engaged in the gathering or dissemination of news for the print or broadcast media, unless with a warrant issued by a court upon probable cause that such person has committed or is committing a criminal offense. Establishes a criminal fine of not more than $10,000 for violation of this Act, and creates a civil cause of action for any person aggrieved by a violation. Allows punitive damages of up to $10,000, and reasonable attorneys' fees.
United States · United States Congress · 15 January 1979
Nondiscrimination in Insurance Act of 1979 - Prohibits any discrimination on the basis of race, color, religion, sex, or national origin regarding contracts for, or terms of, insurance policies. Permits insurers, who regularly provide insurance solely to persons of a single religious affiliation, to continue to do so. Authorizes the Federal Trade Commission to administer and enforce this Act. Requires aggrieved persons to file such discrimination charges with State or local agencies in certain circumstances. Sets forth the procedures on charges filed with the Commission. Requires insurers to keep records and make reports as the Commission shall prescribe. Provides penalties for disclosure of information by employees of the Commission. Authorizes civil actions in U.S. district courts by the Commission if a conciliation agreement cannot be secured from the insurer. Allows an aggrieved person to institute a civil action against the insurer if the Commission has not instituted a civil action within certain time periods. Specifies the judicial relief available, if the court determines that the insurer has committed a discriminatory action.
United States · United States Congress · 15 January 1979
Legislative Oversight Act of 1979 - Title I: Requirements for Authorization Bills - Requires all legislation considered by either House of Congress which authorizes new budget authority or increased tax expenditures to include a statement of objectives of the program to be authorized or established and a requirement that the agencies administering the program report annually to Congress to assist it in determining whether such program should be amended. Requires such agency reports to list the costs and accomplishments of each program. Title II: Requirements for Reports Accompanying Authorization Bills - Requires committee reports accompanying such legislation to identify expected economic and social costs and benefits of new programs authorized or established by such legislation, potentially duplicative programs, and previous efforts to accomplish the objectives of the program being considered. Requires reports to contain an assessment of the degree to which an existing program, authorization, or tax expenditure has met previously stated objectives. Requires the Comptroller General to publish and periodically update a descriptive catalog of interrelated Federal activities which compares program costs and accomplishments and describes program interrelationships, including the extent to which programs are duplicative. Title III: Presidential Budget Recommendations - Requires the President's budget to describe the relationship between the President's recommended program budgets and the program accomplishments reported by Federal agencies under this Act. Title IV: Authorization Time Limit; Certain Obligations Not Impaired - Prohibits congressional consideration of any legislation which authorizes new budget authority or provides new or increased tax expenditures, or new spending authority for a period exceeding five years. Exempts from this prohibition national debt service and payments to individuals from Federal trust funds to which such individuals have contributed. Title V: Miscellaneous Provisions; Effective Date - Recognizes the authority of either House to amend this Act. Sets the effective date of this Act.
United States · United States Congress · 15 January 1979
Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse eecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principals. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; (3) the interests of the State of Alaska and the Native Corporations shall be continually considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Ainakchak National Monument; (2) Bering Land Bridge National Monument; (3) Cape Krusenstern National Monument; (4) Gates of the Arctic National Monument; (5) Kenai Fjords National Monument; Kobuk Valley National Monument; (7) Lake Clark National Monument; (8) Noatak National Monument; Wrangell-Saint Elias National Monument; (10) Yukon-Charley National Monument; and (11) Katmai National Monument. Expands and redesignates: (1) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park; and (2) Glacier Bay National Monument by the addition of 40,000 acres to be redesignated as Glacier Bay National Park. Establishes as units of the National Park System: (1) Aniakchak National Preserve; (2) Lake Clark National Preserve; and (3) Noatak National Preserve. Establishes and designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Park; (3) Cape Krusenstern National Park; (4) Denali National Park; (5) Gates of the Arctic National Park; the Arctic Wilderness; (6) Glacier Bay National Park; (7) Katmai National Park; (8) Kenai Fjords National Park; (9) Kobuk Valley National Park; (10) Lake Clark National Park and Preserve; (11) Noatak National Park; (12)Wrangell-Saint Elias National Park; and (13) Yukon-Charley National Park. Directs the Secretary of the Interior to study the nondesignated areas within the boundaries of the National Park System and report to the President and Congress on the suitability of all roadless areas for preservation as wilderness. Directs the Secretary of the Interior to administer all Alaska lands, waters, and interests in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds that were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to the applicable laws and regulations. Permits the continuation of reindeer grazing within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, with respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Monument and Yukon Flats National Monument as Yukon Flats National Wildlife Monument. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Copper River National Wildlife Refuge; (4) Iliamna National Wildlife Refuge; (5) Innoko National Wildlife Refuge; (6) Kanuti National Wildlife Refuge; (7) Koyukuk National Wildlife Refuge; (8) Nowitna National Wildlife Refuge; (9) Selawik National Wildlife Refuge; (10) Teshekpuk National Wildlife Refuge; (11) Tetlin National Wildlife Refuge; and (12) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; and (4) Kenai National Moose Range. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge (to be known as Alaska Maritime Wilderness, Aleutian Islands Wilderness, Unimak Wilderness and Semidi Wilderness); (2) Alaska Peninsula National Wildlife Refuge (to be known as Pavlof wilderness and Chiginagak Wilderness); (3) Arctic National Wildlife Range; (4) Becharof National Wildlife Monument; (5) Copper River National Wildlife Refuge; (6) Innoko National Wildlife Refuge; (7) Izembek National Wildlife Range; (8) Kanuti National Wildlife Refuge; (9) Kenai National Wildlife Range; (10) Kodiak National Wilderness Refuge; (11) Koyukuk National Wildlife Refuge; (12) Nowitna National Wildlife Refuge; (13) Nunivak National Wildlife Refuge; (14) Selawik National Wildlife Refuge; (15) Tetlin National Wildlife Refuge; (16) Togiak National Wildlife Range; (17) Yukon Delta National Wildlife Refuge (to be known as Andreafsky Wilderness and Kisaralik Wilderness); and (18) Yukon Flats National Wildlife Monument (to be known as Hodzana Wilderness and White Mountain Wilderness). Directs the Secretary of the Interior to review all areas within the National Wildlife Refuge System established or expanded by this Act as to their suitability for preservation as wilderness. Directs the President to advise Congress as to the Secretary of the Interior's recommendations. Declares that all Executive orders and other administrative actions which were in effect on the day before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation unit established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the major purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within or adjacent to a refuge. States that each such agreement shall provide that the land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon River, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Directs the Secretary of the Interior to conduct an assessment of the bald eagle in the Chilkat River area in order to determine habitat use, dynamics of salmon runs on which the eagles feed, seasonal movement patterns, and effects on the eagle population of developments by man. Directs the Secretary to develop a proposal to conserve bald eagles and other wildlife in the region, insure compatible land uses, provide for land lease agreements to facilitate the proposal. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Chugach National Forest, to be known as Nellie Juan Wilderness, College Fjord Wilderness, Red Peak Wilderness, and Tonki Cape Wilderness); (2) Admiralty Island National Monument; (3) Tongass National Forest, (to be known as Endicott Wilderness, Etolin Island Wilderness, Idaho Inlet Wilderness, Karta Wilderness, and King Salmon Capes Wilderness; (4) Misty Fjords National Monument; (5) Tongass National Forest, to be known as Petersburg Creek-Duncan Canal Wilderness, Prince of Wales Wilderness, Rocky Pass Wilderness, Russell Fjord Wilderness, Stikine- LeConte Wilderness, South Baranof Wilderness, Tebenkof Wilderness, Tracy-Arms-Ford Terror Wilderness, and West Chichagof-Yakobi Wilderness). Directs the Secretary of Agriculture to study and report to the President and Congress in accordance with the Wilderness Act recommendations as to the suitability of the Western Prince William Sound for preservation as wilderness. Specifies that the provisions of this Act apply only to the lands within Alaska and nothing in this Act shall be interpreted to expand, diminish, or modify provisions of the Wilderness Act with respect to lands outside of Alaska. Allows the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas designated by this Act in accordance with the goal of restoring and maintaining anadromous fish production in the Tongass National Forest. Sets forth factors to be considered in allowing such activity. Directs that previously existing public use cabins within national forest wilderness may be permitted to continue subject to necessary restrictions deemed to preserve the wilderness character of the area. Authorizes the Secretary of Agriculture to construct and maintain a limited number of new cabins and shelters. Authorizes the Secretary of Agriculture to permit commercial fishery activities within national forest wilderness in accordance with principles of sound fisheries management. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Amends the Alaska Native Claims Settlement Act to prohibit land conveyed to a Native Corporation pursuant to this Act or the Alaska National Interest Lands Conservation Act, which is within a contingency area designated in a U.S. timber sale contract, to be subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor form entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Stony, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak (including its major tributaries), Chilikadrotna, Mulchatna, Stonu, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Porcupine, Sheenjek, Andreafsky, Ivishak, Kanektok, Kisaralik, Wind, Beaver Creek, Copper, Selawik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Holitna-Hoholitna, Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, Susitna. Sets forth time requirements for completion of such studies. Authorizes the Secretary to seek cooperative agreements with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to promulgate regulations to protect the quality and quantity of water in the Wulik River. Allows the Secretary to grant rights-of-way for oil and gas pipelines across the Iditarod Trail or a wild and scenic river when there exists no alternative route. Sets forth the requirements for obtaining a permit for an oil or gas pipeline. Title VI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, and Native and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owed or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title VII: Subsistence - Declares the first priority of this Act to be consumptive uses of fishing and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Directs the Secretary, if the State fails to do so, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to take certain administrative action if it is determined that the program or implementation is not in compliance with this Act. Gives the Secretary authority to close public areas to all consumptive uses except subsistence uses by local residents. Sets forth procedures for hearings and appeal by the State. Gives the Secretary emergency authority to temporarily close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits the appropriate Federal agency from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision or a Native Corporation may only by acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Directs the Secretary to authorize and permit temporary access by the State or a private landowner to any conservation system unit, the Alaskan National Petroleum Reserve, or public lands for the purposes of survey and geophysical study and adequate access State or privately owned land and valid mining claims. Removes certain restrictions from sections of the North Slope Haul Road. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to establish an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to establish such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to establish such a center in Juneau, Ketchikan, or Sitka. Sets forth provisions relating to program planning, construction, operation and administration of such centers. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Stipulates that a holder of a permit to use any conservation system shall be strictly liable for damage to any lands, fish, wildlife or other renewable resource, unless such damage was caused by an act of war or the negligence of the United States. Limits damages for such strict liability to $50,000,000 for any one incident. Exempts the State from strict liability. Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Title IX: Improvements in Administration of the Alaska Native Claims Settlement Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each stockholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Includes provisions for: (1) the Secretary waiving the whole section requirement at the request of a Village Corporation in certain specified situations; (2) the selection of land by Regional Corporations where the public lands consist only of the mineral estates; (3) the conveyance of title to the Federal or State Government or the proper municipal corporation to the surface estate for existing airport sites; and (4) the conveyance of fee title of existing cemetery and historical places to the appropriate Regional Corporation. Dissentitles any Regional Corporation which asserts a claim with the Secretary to certain subsurface estate of lands selected under such Act which are in a Wildlife Refuge, to any in lieu surface or subsurface estate. Requires that any such claim must be asserted within 180 days after enactment. Amends the Alaska Native Claims Settlement Act to exempt from Federal, State, and local taxation the receipt of land or any interest pursuant to this Act to equalize the values of properties. Stipulates the manner to determine the taxable basis of such interests for the purpose of future taxable dispositions. Exempts from taxation real property interests conveyed pursuant to this Act to a Native individual or Native Corporation which are not developed or leased to third parties. States that fire protection of Native land provided by the Department of the Interior shall cover "wildland." Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites. Authorizes the Secretary to withdraw twice the amount of unfulfilled entitlement where lands selected and conveyed to a Village Corporation is insufficient to fulfill the Corporation's entitlement. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent on the date of enactment of this Act. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsite entry and to issue patent, if appropriate, to the townsite trustee. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a conservation system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska as of December 18, 1971 and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be alloted subject to a right or reentry for a 20-year period after the effective date of this Act. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Sets forth fiscal year adjustments for appropriation of funds. Directs the Secretary to pay by grant to each of the Native Group Corporations $50,000 to $100,000 depending on the population of each group, to be used for planning, development, and other authorized purposes. Subjects the decisions made by the Secretary under this title or the Alaska Native Claims Settlement Act to judicial review only if an action is initiated before a court of competent jurisdiction within two years after the Secretary's decision has become final and after the party seeking review has exhausted any administrative appeal rights. Subjects the decisions made by a Village Corporation to reconvey land under the Alaska Native Claims Settlement Act to judicial review only if the action is initiated before a court of competent jurisdiction within one year after the date of the filing of the map of the boundaries under applicable law.
United States · United States Congress · 15 January 1979
Health Security Act - Title I: Health Security Benefits - Makes every resident of the United States, and every nonresident citizen when in the United States, eligible for covered services. Authorizes the Health Security Board to enter into reciprocal agreements for coverage of (1) nonresident aliens when in the United States, and (2) U.S. citizens residing abroad. Entitles every eligible person to have payment made by the Health Security Board for any covered service provided within the United States by a participating provider, if such service is necessary or appropriate for the maintenance of health or for the diagnosis or treatment of, or rehabilitation following, injury, disability, or disease. Extends coverage to: (1) professional physician services, wherever furnished, including primary and specialized services, and psychiatric services to outpatients under specified conditions; (2) dental services, including preventive, diagnostic, and therapeutic services (exclusive of most orthodontic services), for children under age 15, with the covered age group increasing annually by two years until all persons under age 25 are covered; (3) institutional services, including inpatient and outpatient hospital services, skilled nursing home services, the services of home health service agencies, and other necessary services, including pathology and radiology services, with specified limitations; and (4) pharmaceutical benefits, including two categories of drug use: (A) prescribed medicines administered to inpatients or outpatients within participating hospitals, or to enrollees of comprehensive health service organizations; and (B) drugs necessary for the treatment of certain chronic illnesses or conditions requiring long or expensive drug therapy. Directs the Board to establish, disseminate, and review annually: (1) a list of drugs for use in participating institutions, organizations, and associations; (2) a list of diseases and drugs for use outside such organizational settings, which shall include drug therapy for chronic conditions; and (3) lists of therapeutic devices, appliances, and equipment (including eyeglasses, hearing aids, and prosthetic appliances), and the conditions under which such items are covered benefits. Requires drugs to be listed by their established names as defined in the Food, Drug, and Cosmetic Act, and also, to the extent the Board deems appropriate, by trade names. Extends coverage to other professional and supporting services, including: (1) the professional services of optometrists and podiatrists; (2) diagnostic and therapeutic services of independent pathology laboratories and radiology services; (3) mental health day care services under specified conditions; (4) alcoholism and drug abuse treatment in free-standing ambulatory centers; (5) family planning and rehabilitation services in certain free-standing centers; (6) emergency and nonemergency transportation services which are essential to overcome problems of access to covered services; and (7) other supporting services, such as psychological, physiotherapy, nutrition, social work, or health education services, which are furnished on behalf of certain approved organizations. Excludes from coverage: (1) health services furnished or paid for under Federal or State workmen's compensation laws; (2) primary or secondary school health services to the extent specified by regulation; (3) cosmetic surgery; (4) the furnishing of unapproved drugs and appliances; (5) certain medical or surgical procedures which the Board finds are experimental or too costly or scarce to provide on a nationwide basis; (6) certain services which are already furnished or available from another provider; and (7) services of a professional practitioner which are furnished in a non-participating hospital. Makes professional practitioners who are licensed on the effective date of enactment of this title eligible providers, but requires practitioners after such date to meet national standards established by the Board in addition to existing State standards. Specifies general eligibility requirements for participating providers, including the filing with the Board of an agreement (1) not to discriminate in providing services to eligible persons; (2) not to make unauthorized charges; and (3) to comply with reporting requirements. Sets forth specific eligibility requirements for various types of participating providers, including (1) general and psychiatric hospitals; (2) skilled nursing homes; (3) home health service agencies; (4) group practice organizations; (5) individual practice associations; and (6) other health service organizations and providers, including independent pathology laboratories and radiological services, ambulance services, and providers of drugs, devices, appliances, and equipment. Sets forth criteria for the utilization review of hospitals and skilled nursing homes. Requires such homes to have in effect an agreement with at least one participating hospital for the transfer of patients and medical and other information as appropriate. Limits the eligibility of providers operating newly constructed or enlarged facilities which are unnecessary for the furnishing of adequate services. Prohibits damages in malpractice judgments to be awarded for the cost of remedial services which the injured party is entitled to receive under this Act. Excludes institutions and employees of the Department of Defense, Veterans Administration, and institutions and employees of the Department of Health, Education, and Welfare serving merchant seamen, Indians, or Alaskan Natives, from serving as participating providers, but allows reimbursement for services furnished by such institutions to eligible persons who are not part of their normal clientele. Permits a physician, dentist, optometrist, or podiatrist licensed in one State, and meeting the national standards, to furnish Health Security benefits in any other State. Grants similar authority to other professional and nonprofessional health personnel. Establishes the Health Security Trust Fund, to receive the net assets of existing (Medicare) funds taken over by the Health Security program, the yield of the Health Security taxes, and the Government's contribution from general revenues amounting to 100 percent of the yield from these taxes. Directs the Board to fix for each fiscal year the maximum amount which may be obligated for expenditure from the trust fund, subject to a ceiling determined by specified formulas. Establishes in the Trust Fund a health services account, a health resources development account, an administration account, and a residual general account. Provides for the allocation of the health services account among the regions of the country, based on the aggregate expenditures for covered services in each region during the most recent 12-month period, and: (1) adjusted to reflect changes in the consumer price index and the expected numbers of eligible beneficiaries and participating providers; and (2) modified by the Board to reduce inequalities in per capita expenditures, to the extent that the quality of services are unimpaired. Directs the Board to divide for each fiscal year the allocation to each region into available funds to pay: (1) institutional services, (2) physician services, (3) dental services, (4) the furnishing of drugs, (5) the furnishing of devices, appliances, and equipment, and (6) other professional and miscellaneous services. Directs the Board to allot such funds among the health service areas established in each region under this title. Provides that payments for covered services furnished to eligible persons by participating providers shall be made from the health services account in the Trust Fund. Sets forth specific payment requirements for the various types of participating providers. Entitles every independent professional practitioner to elect to be paid by the fee-for-service method. Entitles every independent practitioner in the general practice of medicine, and every dentist furnishing covered dental services, to elect to be paid by the capitation method upon the filing of an agreement with the Board. Authorizes the Board to pay independent practitioners full-time or part-time stipends instead of, or in addition to, these methods of compensation. Allows the Board to experiment with other methods of reimbursement which do not increase service costs or encourage the overutilization or underutilization of services. Provides that hospitals, skilled nursing homes, and home health service agencies shall be paid approved operating costs as set forth in an annual budget approved by the Board. Provides that health organizations shall be paid for covered services by the capitation method. Directs the Board to determine from time to time a maximum price for the cost of a drug to a provider. States that payments for a drug furnished by an independent pharmacy shall consist of its cost to the pharmacy, not to exceed the maximum price, plus a dispensing fee, which shall be established by the Board after consultation with representatives of the pharmaceutical profession. Provides for the reduction of payments to providers for unnecessary capital expenditures. Authorizes the Board to: (1) assist in the establishment, expansion, and operation of group practice organizations, other public or nonprofit health service agencies, and nonprofit organizations furnishing comprehensive dental services; and (2) provide for the recruitment, education, and training of needed health personnel, including practitioners who will agree to practice in urban or rural areas of acute shortage. Authorizes special improvement grants: (1) to any public or other nonprofit health agency or institution to establish improved coordination and linkages with other providers of services; and (2) to organizations providing comprehensive ambulatory care, to improve their utilization review, budget, statistical, or records and information retrieval systems, to acquire equipment needed for those purposes, or to acquire equipment useful for mass screening or for other diagnostic or therapeutic purposes. Authorizes grants for the development and conduct of programs of personal care services. Authorizes appropriations for the purposes of the health services development fund. Creates an administrative structure within the Department of Health, Education, and Welfare with exclusive responsibility for the administration of the Health Security Program. Establishes a five-member, full-time Health Security Board serving under the Secretary of Health, Education, and Welfare. Sets forth the responsibilities and duties of the Board and the Secretary with respect to this title and the provision of comprehensive health care. Provides that this title shall be administered by the Board through the regions of the Department and, within each region, through health service areas, which shall be the same as those areas established by the Secretary under the Public Health Service Act. Establishes a National Health Security Advisory Council, with the Chairman of the Board serving as the Council's Chairman and 20 additional members not in the employ of the Federal Government. Authorizes the Advisory Council to appoint professional or technical committees to assist in its functions. Directs the Advisory Council to advise the Board on matters of general policy in the administration of the program, the formulation of regulations and the allocation of funds for services. Directs the Board to appoint regional and local advisory councils for each region and each health service area. Provides for the participation of appropriate State agencies in the administration of the Health Security program. Specifies responsibilities of the Board, including: (1) informing the public and providers about the administration and operation of the Health Security program; (2) making a continuing study and evaluation of the program, including the adequacy, quality, and costs of services; (3) making detailed statistical and other studies on a national, regional, or local basis of any aspect of the title; (4) developing and testing records and information retrieval systems; (5) developing, in collaboration with the pharmaceutical profession, improved administrative practices for the reimbursement of independent pharmacies; and (6) developing and testing incentive systems for improving the quality of care, and methods of peer review of drug utilization and of other service performances. Directs the Board to make evaluations and issue guidelines with respect to health manpower education and training. Requires the Board, in accordance with regulations, to make determinations of: (1) entitlement to benefits; (2) who are participating providers; (3) whether services are covered; and (4) amounts to be paid to providers. Entitles a provider or other aggrieved person to an administrative appeal from such determinations, and authorizes judicial review of a final decision. Sets forth procedures for the suspension or termination of participating providers. Authorizes the Board to issue to any participating provider, other than an individual professional provider, a directive with respect to the discontinuous of services for the purpose of payment, or the initiation of covered services. Authorizes the Board, with the advice and assistance of the Commission on the Quality of Health Care, to issue and review regulations assuring the quality of care furnished under this Act. Directs the Board to establish reasonable continuing education requirements for physicians, dentists, optometrists, and podiatrists. Sets forth conditions under which major surgery and other specialized services designated in regulations are covered under this program. Authorizes the Board, on recommendation of the Commission on the Quality of Health Care, to contract with Professional Standards Review Organizations to monitor the quality of institutional and other services. Establishes the positions of a Deputy Secretary of Health, Education, and Welfare, and an Under Secretary for Health and Science. Authorizes appropriations for the purposes of this title. Stipulates that no provision of this Act shall alter any contractual obligation of an employer to provide health services to his employees and their dependents. Title II: Health Security Taxes - Converts the existing Medicare hospital insurance payroll taxes into Health Security taxes, and raises the rates to one percent on employees and 3.5 percent on employers. Excludes from the gross income of employees, for income tax purposes, payment by their employers of part or all of the Health Security taxes on the employees. Converts the existing Medicare self-employment tax into a Health Security self-employment tax, raising the rate to 2.5 percent. Adds a new 2.5 percent tax on health security unearned income (unless such income is less than $400 a year), subject to the same maximum on taxable income as is applicable to the employee and self-employment taxes. Title III: Commission on the Quality of Health Care - Amends the Public Health Service Act to establish in the Department of Health, Education, and Welfare a Commission on the Quality of Health Care, with the primary responsibilities of: (1) initiating and continuing development of methods of assessing the quality of health care furnished under this Act; and (2) submitting to the Secretary and the Health Security Board appropriate findings and recommendations. Directs the Commission to give special consideration to care furnished for those illnesses and conditions which have relatively high incidence in the population and which are relatively amenable to medical or other care. Title IV: Repeal or Amendment of Other Acts - Makes conforming and technical amendments to specified Acts. Repeals the Medicare program. Stipulates that after the effective date of benefits received under this Act no State shall be required to furnish any service covered under Health Security as a part of its State plan for participation under Medicaid. Title V: Studies Related to Health Security - Directs the Secretary of Health, Education, and Welfare in consultation with the Secretary of State and the Secretary of the Treasury to study the practicability of extending the coverage of health services for U.S. residents in other countries. Directs the Secretary to study the means of coordinating the Federal health benefit programs for merchant seamen and Indians and Alaskan Natives, veterans, and members of the Armed Forces with the Health Security benefit program.
United States · United States Congress · 15 January 1979
Consumer Food Labeling Act - Title I: Truth in Food Labeling Act - Truth in Food Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to require that the labels on all foods disclose each of their ingredients in order of predominance and the percentage of each ingredient in the food. Title II: Nutritional Labeling Act - Nutritional Labeling Act - Requires the processor to label any packaged consumer food product with specified information, including an analysis of nutritional contents, net weight and drained weight, where appropriate. Requires such label to state the nutritional value of the commodity, and to appear in conspicuous and easily legible type in distinct contrast with other matters on the package. Requires the conspicuous statement of any difference in weight or volume which may have occurred in the repackaging of a consumer product from a container of any given net content to a container of a different net content. Empowers the appropriate agencies to prescribe regulations and to petition for injunctive relief to carry out and enforce the provisions of this Act. Prescribes a civil penalty of up to $1,000 for willful violation of any provision of this Act. Title III: Open Dating of Perishable Food Act - Open Dating of Perishable Food Act - Amends the Fair Packaging and Labeling Act to require the manufacturer or packager of a perishable or semiperishable food to state on its label the pull date for such food and the optimum temperature and humidity conditions for its storage by the ultimate consumer. Requires pull dates also on shipping containers or wrappings. Prohibits, with specified exceptions, the display, offer for sale, or sale of any such food whose pull date has expired. Prohibits the change, alteration, defacement, or removal of any pull date before sale of such food to the ultimate consumer. Prescribes criminal penalties for the violation of this Act. Requires the Secretary of Health, Education, and Welfare to report annually to Congress on the enforcement of this Act. Title IV: Marketing Practices Disclosure Act - Marketing Practices Disclosure Act - Amends the Federal Food, Drug, and Cosmetic Act to require that labels on packaged foods contain the names and places of business of the manufacturer, the packer, and the distributor, not, as currently, only one of them. Title V: Consumer Food Grading Act - Consumer Food Grading Act - Directs the Secretary of Agriculture to develop and promulgate a system of retail quality grade designations for consumer food products expressed in a uniform nomenclature, giving consideration to nutritional quality and wholesomeness of food products, as well as acceptability. Title VI: Unit and Item Pricing Act - Unit and Item Pricing Act - Amends the Fair Packaging and Labeling Act to require retailers to mark plainly the total selling price of any packaged consumer commodity on its package, and the retail unit price on either the package or a point of display, like a shelf, in close proximity thereto. Exempts from the requirements of this Act certain small retail outlets, and any retail outlet in any State or political subdivision which has enacted mandatory unit pricing laws which are, in the judgment of the Federal promulgating authority, superior to the requirements of this Act. Title VII: New Ingredient Notification Act - New Ingredient Notification Act - Amends the Federal Food, Drug, and Cosmetic Act to require any food product to carry a label setting forth in a conspicuous manner any change in its ingredients for six months after such change. Title VIII: Misleading Brand Names Act - Misleading Brand Names Act - Amends the Federal Trade Commission Act to make it an unfair or deceptive act or practice to advertise a brand name of a product which inherently misleads the public as to the product's value, quantity, quality of contents, or performance.
United States · United States Congress · 15 January 1979
Amends the Federal Election Campaign Act of 1971 to add Title V: Financing of General Election Campaigns for the House of Representatives. Directs the Secretary of the Treasury to maintain, in the Presidential Election Campaign Fund, the House of Representatives Election Campaign Account. Sets forth eligibility requirements to be met by candidates for election to the House of Representatives seeking payments from such Account. Limits expenditures from personal funds which may be made by candidates meeting such eligibility requirements. Entitles eligible candidates to matching payments and sets forth the procedure for determining the amounts of these payments. Stipulates that the aggregate payments to all candidates in an election shall not exceed three times the maximum amount payable in matching funds. Suspends certain expenditure limitations on eligible candidates if any candidate not eligible to receive payments pursuant to this Act makes expenditures or receives contributions in excess of specified amounts. Sets forth the procedure for requesting matching payments. Sets forth procedures to be followed by the Secretary of the Treasury in maintaining the House of Representatives Election Campaign Account. Directs the Federal Elections Commission to conduct examinations and audits of the campaign accounts of ten percent of the eligible candidates. Provides for the participation of the Commission in judicial proceedings arising under this Act. Authorizes appropriations necessary to carry out the purposes of this Act.
United States · United States Congress · 15 January 1979
Public Energy Competition Act - Amends the Mineral Leasing Act of 1920 to prohibit any person, association, or corporation which was a major oil company on any day during the five-year period immediately preceding a proposed coal lease acquisition from directly or indirectly acquiring such lease from the Secretary of the Interior after December 31, 1980. Prohibits such a major oil company from directly or indirectly locating or recording any claim for uranium or for any other fissionable material. Allows any person, association, or corporation which holds any lease under the Mining Lease Act of 1920, with the approval of the Secretary of Interior, to modify or revise its lease to include lands contiguous to those originally leased, not to exceed a specified acreage limit.
United States · United States Congress · 15 January 1979
Sunset Act of 1979 - Title I: Reauthorization of Government Programs - Sets forth a ten-year schedule for reauthorization of all Federal programs according to budget function and subfunction as set forth in the Budget of the United States Government for Fiscal Year 1979. Sets forth the procedure in the House of Representatives and the Senate for the consideration of any bill, resolution, or amendment which authorizes new budget authority. States that it is not in order for either House to consider any legislation which authorizes the enactment of new budget authority for a program for a period of more than ten years, for an indefinite period, or for any fiscal year beginning after the next reauthorization date applicable to such program. Provides that before the Congress can appropriate funds for any program, after its first reauthorization date, there must be a specific authorization in law to support the appropriation. Requires the committees of the Senate and House of Representatives to conduct a sunset review of programs during the Congress in which such programs are scheduled for review. Requires that the report accompanying such reauthorization contain specified information, and that the report be completed during the Congress in which the program is scheduled for reauthorization. Exempts from the requirements of this Act specified programs such as interest on Federal debts, health care services, general retirement and disability payments, as well as litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution of the United States and specified retirement pay and benefits. Allows the reauthorization schedule set forth in this Act to be changed by concurrent resolution of the two Houses of Congress and sets forth the procedure for such change. Requires all legislation and other matters related to changes in the dates for programs under this Act to be referred to the committee with legislative jurisdiction over any program affected by the proposal and, sequentially, to the Committee on Rules in the House of Representatives and to the Committee on Rules and Administration in the Senate. Requires such committees to report any concurrent resolution or bill referred to it by a committee of legislative jurisdiction within 30 days, with a statement on each of its recommendations. Makes provisions for any proposed change which has been reported by a committee before June 1, 1980. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist Congress in carrying out the reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1980. Sets forth the contents of the inventory program, including the type of authorization provided for such programs' new budget authority; and the manner in which related program areas may be grouped for evaluation and review. Permits the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and suggest revisions. Requires that the program inventory be revised at the end of each session of Congress, and that such revisions be reported to each House. Requires that periodic reports tabulate the progress of congressional action on bills and resolutions authorizing budget authority for programs in the inventory. Requires the Comptroller General and the Director of the Congressional Budget Office to submit periodic reports to the Congress on the adequacy of the functional and subfunctional categories for grouping programs of like missions or objectives. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review, and criteria for selection of program areas for evaluation. Directs each committee to consult with the appropriate committees of either the House of Representatives or the Senate in order to achieve coordination of program reevaluation and inform itself of the related activities of or available assistance from the General Accounting Office, the Congressional Budget Office, the Congressional Research Service, the Office of Technology Assessment, and appropriate instrumentalities in the executive and judicial branches. Requires each committee to deliver a report on the reexamination to the Secretary of the Senate or the Clerk of the House at the date specified in the funding resolution first reported by such committee in 1981 and thereafter for the first session of each Congress. Allows two or more committees which have legislative jurisdiction over the same programs or portions of the same programs to examine such programs jointly and submit a joint report. Stipulates that such report: (1) contain the findings, recommendations, and justifications of the program; and (2) include specified information including, but not limited to, an assessment of the cost-effectiveness of the program and an identification of any trends, developments, and emerging conditions which are likely to affect the nature and extent of the problems or needs which the program is intended to address. Requires each executive department or agency which is responsible for a program selected for reexamination to submit a report to the Office of Management and Budget and to the appropriate committees of the Congress on its findings, recommendations, and justifications of specified aspects of the program. Title IV: Citizens' Commission on the Organization and Operation of Government - Establishes, as an independent instrumentality of the United States, the Citizens' Commission on the Organization and Operation of Government to conduct a nonpartisan study and investigation of the organization and methods of operation of all departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government, and to make such recommendations as it determines are necessary to promote economic, efficient and improved services in the transaction of public business. Requires the Commission to submit interim reports to the President and the Congress, and to submit a final report with its findings and recommendations. Requires the Comptroller General to report once a year for two years after submission of the Commission's final report on the status of actions taken as a result of the report. Specifies the composition of the 15-member Commission and sets forth the duties and powers of the Commission. States that the Commission shall cease to exist 90 days after submission of its final report. Authorizes to be appropriated until September 30, 1984, without fiscal year limitations, $4,000,000 to carry out the provisions of this Title. Title V: Regulatory Impact - Requires the President to submit, at the beginning of each of the five congresses beginning with the 97th Congress, an analysis of the purposes, function, and efficiency of 16 specified regulatory agencies. Requires the President to submit legislative plans, based on such analyses, for the improvement of operations of such agencies. Establishes a schedule according to which plans for specified agencies will be submitted early in each of the five congresses for which the required analyses are submitted. Directs the President, with each plan, to submit a report on the cumulative impact of government regulatory activity on specific industry groupings. Directs the Comptroller General and the Director of the Congressional Budget Office to assess each of the agencies included in the President's plan and to analyze the plan, and submit such information to the Congress. Title VI: Government Accountability - Requires the President, beginning with the first year of the 97th Congress, to submit biennially, as part of the budget, a report on the management of the executive branch. Requires the Director of the Office of Management and Budget to provide an evaluative report on Federal programs to the President to be included with the President's report. Title VII: Tax Expenditures - Requires the Director of the Congressional Budget Office, after consultation with the Joint Committee on Taxation of the Congress, to prepare an inventory of tax expenditure provisions and to submit a report on such inventory to the Committee on Ways and Means of the House and the Senate Finance Committee. Defines the term "tax expenditure provision" as any provision of Federal law which allows a special exclusion, exemption, or deduction in determining liability for any tax or which provides a special credit against any tax, a preferential rate of tax, or a deferral of tax liability. Specifies the contents of the report which include an estimate of the revenue loss from each tax provision. Requires the Director to: (1) submit a revised inventory to each House of Congress by December 1, 1980; (2) revise the inventory after the close of each session of Congress and report such revisions to Congress; and (3) periodically report on congressional action on bills and resolutions which create or affect tax provisions. Directs the House Committee on Ways and Means and the Senate Committee on Finance to prepare a reauthorization schedule for all tax provisions similar to the schedule set out for Federal programs in title I of this Act. Requires Congress to take final action on the reauthorization schedule for tax provisions before the end of the 96th Congress. Provides that each tax expenditure provision shall expire unless it is reauthorized by a law enacted during the Congress in which it is scheduled for review. Sets forth procedures and restrictions for the consideration of bills reauthorizing tax provisions, which are similar to the restrictions and procedures governing bills authorizing new budget authority for Federal programs as described in title I. Requires that the report accompanying a reauthorization bill include specified information. Permits Congress to prescribe technical rules as may be necessary to mitigate adverse effects which might result for taxpayers who rely on a certain tax provision. Title VIII: Miscellaneous - Amends the Budget and Accounting Act of 1921 to permit the committees of Congress to obtain from the agencies of the Government estimates or requests for appropriations or requests for increases in an item of any such estimate or request, and recommendations as to how the revenue needs of the Government should be met. Declares that nothing shall require the public disclosure of records which are specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive order, or which are otherwise specifically protected by law. Sets forth administrative procedures and requirements. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a "Regulatory Duplication and Conflicts Report" for all programs scheduled for reauthorization in the next Congress. Stipulates that each such report identify duplicative or conflicting rules and regulations promulgated by executive departments, independent agencies, and State and local governments and contain recommendations which address such conflicts or duplications. Defines the term "required authorization waiver resolution" for purposes of this Act. Sets forth the procedure which the chairman of the committee of the Senate or the House of Representatives having legislative jurisdiction over programs must follow in order to introduce a required authorization waiver resolution. Makes it the duty of the Committees on Governmental Affairs and on Rules and Administration of the Senate and the Committees on Government Operations and on Rules of the House of Representatives to review the operation of the procedures established by this Act and to submit a report every five years beginning December 31, 1986. Authorizes to be appropriated through fiscal year 1990 such sums as may be necessary to carry out the review requirements and for the compilation of the inventory of Federal programs.
United States · United States Congress · 14 October 1978
Alcohol Fuel Additive Act - Establishes a National Advisory Committee to assist the Secretary of Agriculture in conducting, promoting, and sponsoring basic and applied research, technology development, and technology transfer leading to effective and economical methods for farm operations and the extraction and production of alcohol from sweet sorghum or other hydrocarbon-containing agriculture crops (except timber). Directs the Secretary to establish and maintain a bank of this research data and to make it available to other Federal and State agencies and private persons. Authorizes the Secretary, in consultation with the Secretary of State, to enter into cooperative projects with foreign governments to accomplish the purpose of this Act. Directs the Secretary to make a status report to the President and Congress no later than December 31, 1980, and each year through 1982 concerning research and development with respect to this Act and recommended funding levels for various elements of the overall project. Authorizes appropriations to carry out the provisions of this Act.
United States · United States Congress · 14 October 1978
Amends the Congressional Budget Act of 1974 to require that a statement of the steps that have been or will be taken to reduce unobligated balances of budget authority under Federal programs and an estimate of the level of unobligated balances of budget authority that will exist at the end of the fiscal year be included in the report accompanying the first concurrent resolution on the budget each year, and in the annual reports submitted by other committees to the Budget Committees of the House of Representatives and the Senate, and in the President's annual budget.
United States · United States Congress · 13 October 1978
Comprehensive Anti-Inflation Act - Title I: Coordination of Economic Policies - Amends the Employment Act of 1946 with the stated purpose of reducing the rate of inflation and keeping it within reasonable bounds. Directs the President, in each annual Economic Report, to establish economic and regulatory policies which set forth: (1) current trends in the levels of prices, wages, productivity, and production costs, including projections for inflation rates in the next calendar year; (2) annual numerical inflation goals; (3) fiscal policy targets; and (4) specific programs designed to achieve such inflation goals. Directs the Board of Governors of the Federal Reserve System to transmit annually to the Congress an independent statement of its intended monetary policies for the year. Title II: Establishment of Guidelines - Directs that a set of guidelines be established to govern price increases and wage settlements. Authorizes the President to promote voluntary compliance with such guidelines. Prohibits the use of mandatory wage or price controls by the President. Requires the Council of Economic Advisors to seek the advice and concurrence of the Council on Wage and Price Stability in establishing economic policies and guidelines. Title III: Policies and Programs to Reduce Inflation - Directs the President, in formulating and revising tax policy: (1) to reduce, or substitute for, taxes which significantly increase price levels; (2) to develop specific procedures to promote the promulgation of economically efficient and socially desirable regulations; (3) to deregulate industries over which the Federal Government has ratesetting authority; (4) to encourage the growth of productivity in both the private and public sectors; (5) to examine the use of tax incentives to hold cost increases to specified levels; (6) to strive to preserve production incentives and allow market forces to operate wherever possible; (7) to address the price implications of energy policies in the Economic Report; (8) to explore ways to increase competition in concentrated industries; and (9) to pursue negotiations for fair trade agreements with foreign nations. Title IV: Congressional Review - Directs the Joint Economic Committee to hold special hearings to review the President's proposed economic policies and to submit its findings and recommendations to the House of Representatives and the Senate.
United States · United States Congress · 12 October 1978
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 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 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 been discriminated against.
United States · United States Congress · 6 October 1978
Constitutional Amendment - Provides that Members of the House of Representatives shall serve for terms of four years and that such Members may not serve more than three consecutive terms.
United States · United States Congress · 4 October 1978
Amends Title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act and the Internal Revenue Code to include all Members of Congress and other officers and employees in the Legislative branch of the Government under the Federal Old-Age, Survivors, and Disability Insurance system.
United States · United States Congress · 25 September 1978
Sunset Program Reauthorization and Evaluation Act - Title I: Reauthorization of New Budget Authority - Requires Government programs to be evaluated pursuant to a specified schedule to determine whether each such program should be continued, terminated, or altered (reauthorization review). Prohibits the authorization of new budget authority for a period of more than ten years. Prohibits the authorization of new budget authority for any program for which there has not been conducted a reauthorization review. Requires the Director of the Congressional Budget Office, in consulation with the Comptroller General and the Director of the Congressional Research Service, to compile a list of programs subject to a reauthorization date for which new budget authority was not authorized. Title II: Program Inventory - Requires the Comptroller General to compile an inventory of Federal programs including a description of such programs covering specified topics. Title III: Program Review and Evaluation - Requires each House of Congress to select from the programs scheduled for reauthorization review in any given year a number of programs for comprehensive reauthorization review. Requires the President and each congressional committee to recommend such programs. Title IV: Citizens' Commission on the Organization and Operation of Government - Establishes an independent Citizen's Commission on the Organization and Operation of Government to study the organization and operation of Federal agencies and to recommend ways to improve the efficiency and operations of such agencies. Requires the Commission to submit its final report by July 1, 1983, and terminates the Commission 90 days after the submission of such report. Title V: Miscellaneous - Requires the Comptroller General to furnish Congress with the results of prior audits and reviews of programs being reviewed under this Act. Requires all agencies which are exempt from reauthorization review to submit a status report to Congress.
United States · United States Congress · 21 September 1978
Capital Availability for Higher Education Act - Amends the Higher Education Act of 1965 to: (1) raise from $2,500 to $3,500 the limit per academic year on federally insured loans to undergraduate students; (2) raise from $7,500 to $10,500 the total amount of such loans per undergraduate student; and (3) remove the $15,000 loan ceiling for graduate students. Authorizes eligible lenders to elect to have such loans collected by the Federal Government through the Secretary of the Treasury and the Commissioner of Education. Establishes guidelines and requirements for such program, including the deduction and withholding of wages by employers of student borrowers. Establishes the Guaranteed Student Loan Fund in the United States Treasury to repay funds withheld from the wages borrowers to lenders. Establishes an advisory panel to consider questions relating to such federally insured higher education loans.
United States · United States Congress · 20 September 1978
Expresses the concern of Congress for the safety of the residents of the South African black community known as "Crossroads." Urges the South African Government: (1) to reconsider its plan to destroy Crossroads; and (2) to recognize the right of the residents to continue to live in Crossroads.
United States · United States Congress · 18 September 1978
Expresses the sentiment of the House of Representatives that (1) the Governments of the United States and Canada set up a bilateral task force under the International Joint Commission (established under the Boundary Waters Treaty) to conduct an evaluation of the desirability of a United States-Canadian clear air agreement to be submitted to the two Governments within nine months of the adoption of this resolution; and (2) the President take any diplomatic action necessary to reduce any undesirable impact on both countries from air pollution.
United States · United States Congress · 8 September 1978
Court Interpreters Act - Establishes, through the Director of the Administrative Office of the United States Courts, a program to: (1) compile and make available lists of qualified interpreters for non-English speakers and hearing impaired persons (whether or not also speech impaired) and; (2) provide the services of such interpreters free in criminal actions and civil actions initiated by the United States.
United States · United States Congress · 17 August 1978
Increases from two to three the number of divisions within the Northern District of Ohio. Requires each division to have at least one active judge sitting full time and at least one additional active judge sitting at least half time, unless, upon request of the chief judge of the Northern District of Ohio, the United States Court of Appeals for the Sixth Circuit authorizes an alternative assignment.
![Official portrait of Rep. Seiberling, John F. [D-OH-14]](https://www.congress.gov/img/member/s000230_200.jpg)