The world's political record
Person
![Official portrait of Rep. St Germain, Fernand J. [D-RI-1]](https://www.congress.gov/img/member/s000762_200.jpg)
United States · Official source
1,966 records where Rep. St Germain, Fernand J. [D-RI-1] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 12 December 1979
Expresses the sense of Congress that social security benefits should remain exempt from all taxation.
United States · United States Congress · 11 December 1979
Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Amends the Federal Credit Union Act to permit Federal credit unions to offer share-draft accounts subject to terms and conditions prescribed by the National Credit Union Administration Board. Terminates the authority conferred by this Act on April 1, 1980.
United States · United States Congress · 11 December 1979
Authorizes a named individual to file a claim for credit or refund of Federal income taxes for the taxable year ending December 31, 1974.
United States · United States Congress · 4 December 1979
Amends the Federal Water Pollution Control Act to revise the allotment formula for grants to States for treatment works construction for fiscal years 1980 and 1981.
United States · United States Congress · 27 November 1979
Title I: - Amends the Currency and Foreign Transactions Reporting Act to extend the current reporting requirement to include persons "attempting" to transport monetary instruments into or from the United States. Title II: Authorizes any customs officer who has reasonable cause to suspect that monetary instruments are being transported for which a report is required to search, without a search warrant, any vehicle, vessel, aircraft, envelope or other container, or person entering or departing from the United States. Title III: - Authorizes the Secretary of the Treasury to pay a reward to any individual providing original information which leads to a recovery of at least $50,000 by way of a criminal fine, civil penalty, or forfeiture for a violation of such Act. Makes ineligible for such payment any Federal, State, or local employee who furnishes information in the performance of official duties.
United States · United States Congress · 27 November 1979
Amends the Currency and Foreign Transactions Reporting Act to authorize the Secretary of the Treasury to pay a reward to any individual providing original information which leads to recovery of at least $50,000 by way of a criminal fine, civil penalty, or forfeiture for a violation of such Act. Makes ineligible for such payment any Federal, State, or local employee who furnishes information in the performance of official duties.
United States · United States Congress · 14 November 1979
Wind Energy Systems Research, Development, and Demonstration Act of 1979 - Declares it to be the policy of the United States and the purpose of this Act to establish a research, development, and demonstration program for converting wind energy into electricity. Sets as a goal of such program the attainment of a total megawatt capacity of at least 800 megawatts from wind energy systems by fiscal year 1988 and the reduction of the average cost of electricity produced by such systems to a level competitive with conventional energy sources by the end of fiscal year 1986. Authorizes the Secretary of Energy to enter into agreements with public and private entities to obtain scientific, technological, and economic information on the design, fabrication, purchase, installation, and testing of wind energy systems. Authorizes the Secretary to provide financial assistance to entities seeking to install wind energy systems upon submission of the proper application. Sets forth terms and conditions for receiving such assistance. Terminates any Federal subsidization of purchases of such equipment upon the determination that such systems have become competitive with conventional energy sources or by a specified date. Sets forth the amount of such assistance, taking into consideration any tax credits allowed under the Internal Revenue Code for renewable energy source expenditures. Allocates a portion of the funds appropriated to carry out such assistance program for accelerated procurement and installation of wind energy systems by Federal agencies for demonstration purposes. Directs the Secretary to promulgate voluntary performance standards for such systems. Directs the Secretary to initiate a three-year national wind resource assessment program to: (1) validate existing assessments of known wind resources; (2) perform wind resource assessments in regions where the use of wind energy may prove feasible; (3) initiate a general site prospecting program; (4) establish standard wind data collection and siting techniques; (5) establish, in consultation with the Administrators of the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the National Aeronautics and Space Administration, a national wind data center to make public information available on wind energy. Directs the Secretary to prepare a comprehensive program management plan for the research, development, and demonstration activities prescribed under this Act for submission to specified congressional committees. Sets forth criteria for selection of programs consistent with the purposes of this Act. Directs the Secretary to monitor, collect and evaluate data and information, and conduct studies and investigations relating to wind energy systems and programs. Directs the Secretary to assure that information relating to programs, projects and other activities conducted under this Act are widely disseminated to Federal, State, and local authorities, relevant segments of the economy, the scientific community and the public, so as to promote the use of wind energy to the maximum extent feasible. Directs the Secretary to assure that small businesses will have adequate opportunities to participate in the programs conducted under this Act to the maximum extent practicable. Authorizes the appropriation of $100,000,000 for fiscal year 1980 to carry out the purposes of this Act.
United States · United States Congress · 14 November 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 13 November 1979
Opportunities Industrialization Centers Skills Training and National Community-Based Organizations Youth Job Creation and Employment Act of 1979 - Directs the Secretary of Labor to direct prime sponsors under the Comprehensive Employment and Training Act (CETA) to: (1) enter into contracts with Opportunities Industrialization Centers, Incorporated, for the creation of jobs and the provision of skills training for unemployed and unemployable youth; and (2) enter into contracts with other national community-based organizations for the provision of comprehensive employment services to such persons. Directs the head of each agency administering authority under specified Acts or programs, including the State and Local Fiscal Assistance Act of 1972, the Housing and Community Development Act, and public works assistance programs, to take steps to assure that consideration will be given to national community-based organizations for the provision of comprehensive employment services and job opportunities to youth pursuant to those Acts and programs.
United States · United States Congress · 13 November 1979
Designates the third week of September of each year as "National Cystic Fibrosis Week."
United States · United States Congress · 13 November 1979
Expresses the sense of Congress that the President should terminate all military training of Iranian personnel pursuant to sales under the Arms Export Control Act.
United States · United States Congress · 7 November 1979
Savings Encouragement Act of 1979 - Amends the Internal Revenue Code to exclude from gross income up to $100 ($200 for married couples filing jointly) of the interest earned on a savings account in a bank, savings and loan association, credit union, or similar savings institution.
United States · United States Congress · 26 October 1979
National Energy Conservation Incentives Act - Title I: Amendments to Utility Program - Amends the residential energy conservation title of the National Energy Conservation Policy Act to extend the definition of "residential building" to include: (1) any building used for residential occupancy which contains at least one dwelling unit; and (2) specified commercial buildings. Requires that each utility program under such title contain procedures authorizing utilities to reinspect buildings equipped with conservation measures to determine the extent to which such measures have been installed. Amends the requirements for approval of proposed residential energy conservation plans to require that contractors or suppliers of residential energy conservation measures seeking to be included on the list of approved contractors and suppliers provide one year warranties on materials and installation of such measures and express a willingness to defer receipt of payment for such measures sold or installed until the reinspection described above is completed. Requires that such list indicate such willingness on the part of such contractors and suppliers to allow such deferred payments. Requires that the list of lending institutions offering financial assistance for the purchase and installation of such conservation measures indicate the availability at each such institution of assistance provided under the Energy Conservation Bank Act. Amends the requirements under such title concerning accounting and payment of costs of operating a utility program under such Act. Authorizes public utilities to make loans or capital investment payments to residential building owner customers for the purchase and installation of residential energy conservation measures under specified conditions. Amends the accounting and payment of costs provisions of such title to provide for the financing of such loans and capital investment payments. Stipulates that neither the Attorney General, the Federal Trade Commission, nor any other agency shall be barred from challenging anticompetitive acts or practices related to activities conducted under this Act, nor shall any person be deemed to have immunities or defenses to actions under the antitrust laws as a result of the provisions of this Act. Establishes effective dates for the issuance of regulations implementing the provisions of this Act by the Secretary of Energy, Governors or State regulatory agencies, and nonregulated utilities. Directs the Secretary of Energy to provide assistance to States for the training of residential building inspectors undertaking inspections required by this Act and for the development of approved energy conservation methods and inspections. Authorizes appropriations for fiscal year 1980 through 1982 to carry out this title. Title II: Financial Assistance Provided by the Energy Conservation Bank - Energy Conservation Bank Act - Establishes the Energy Conservation Bank in the Department of Housing and Urban Development to provide financial assistance with respect to loans made to owners of existing commercial and residential buildings for the purchase and installation of energy conserving improvements in such buildings. Authorizes the Bank to provide such assistance in the form of payments to financial institutions and public utilities providing financing pursuant to the National Energy Conservation Policy Act. Sets forth criteria for providing such assistance and terms, conditions, and maximum amounts thereof. Establishes as part of the Bank an Advisory Committee to provide advice to the Board of Directors of the Bank on matters concerning energy conservation assistance. Directs the Bank to promote the program established by this Act and to coordinate its efforts with the Department of Energy. Directs the Board to issue an annual report to the Congress and the President discussing the operations of the Bank identifying problems encountered in the energy conservation industry, the Federal Government, and financial institutions concerning energy conservation, and making recommendations for improvement in the Bank's operations. Authorizes the Secretary of Housing and Urban Development to permit the Bank to use personnel of such Department for the purpose of carrying out this Act. Establishes penalties for fraud and misrepresentation with respect to loans assisted under this Act. Authorizes the use of funds from the Energy Security Trust Fund to provide assistance under this title. Sets forth limitations on the amount of such funds available for each of the fiscal years 1980 through 1983. Title III: Secondary Financing - Requires that the Board direct the Bank to make commitments to purchase, to purchase and to service, sell, and otherwise deal in loans and advances of credit made under this Act and the National Energy Conservation Policy Act to residential building owners for the purchase of energy conserving improvements. Authorizes the Bank to issue obligations to enable the Bank to carry out its functions. Exempts transactions authorized under this Act from State or local usury or loan insurance laws. Repeals specified provisions of the National Housing Act which authorize the Government National Mortgage Association to purchase energy conserving improvement loans. Amends the Federal Home Loan Mortgage Corporation Act to authorize such Corporation to purchase, make commitments to purchase, and to hold, deal with, sell, and otherwise dispose of mortgages or interest therein held by any public utility acting under a utility program pursuant to the National Energy Conservation Policy Act, the original proceeds of which are applied for in order to finance energy conserving improvements. Amends the Federal National Mortgage Association Charter Act to authorize such association to exercise powers similar to those granted to the Federal Home Loan Mortgage Corporation as described above. Title IV: Weatherization Program - Amends the Energy Conservation in Existing Buildings Act of 1976 to limit the amount of any grant made under such Act to be used for administrative purposes. Amends such Act to increase the amount of payment which may be made to pay volunteers and trainees and public employment workers under the Comprehensive Employment and Training Act of 1973 available to work on weatherization projects in the event there are insufficient participants under such program. Requires the coordination of activities related to rehabilitation, weatherization, and code enforcement conducted by local governments including activities undertaken pursuant to the Housing and Community Development Act and related to energy assistance programs for low- income families, including programs under the Economic Opportunity Act of 1964. Amends such Act to repeal the provisions granting priority in the allocation of weatherization assistance funds to community action agencies serving an area eligible for emergency energy conservation assistance under the Economic Opportunity Act of 1964. Directs the Secretary to establish standards and procedures for weatherization programs under such Act in a manner designed to accomplish uniform results among all the States in any particular similar climatic area. Directs the President to appoint an energy conservation coordinator to assure that the Secretaries of Energy, Housing and Urban Development, Agriculture, Health, Education and Welfare, Defense, the Administrator of the General Services Administration, and other heads of agencies responsible for developing energy conservation standards reach a consensus on establishing criteria for issuing such standards. Directs the President to make annual reports to the Congress on the activities relating to coordination of Federal energy conservation programs. Makes technical amendments to the Energy Conservation in Existing Buildings Act of 1976.
United States · United States Congress · 25 October 1979
Amends the Second Liberty Bond Act to authorize the Secretary of the Treasury to issue to any individual 65 years of age or older up to $3,000 in savings bonds which mature no later than six months from the date of purchase. Establishes the investment yield on such bonds upon redemption or at maturity at either two percent above the percentage increase in the consumer price index during the period most closely corresponding to the holding period of the bond, or the maximum investment yield allowed by law, whichever is greater. Limits the total amount of such bonds which may be issued and outstanding at any time to $20,000,000,000.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 17 October 1979
Amends the Small Business Act to extend until September 30, 1983, the authorization of the Small Business Administration to enter into contracts with Federal agencies having procurement powers. Extends to June 30, 1983, the requirement under such Act that the General Accounting Office report to Congress.
United States · United States Congress · 16 October 1979
Small Business Innovation Act of 1979 - Title I: Amendments to the Small Business Act - Amends the Small Business Act to empower the Small Business Administration to provide management assistance in addition to technical assistance to small business concerns to obtain government contracts for research and development. Directs the SBA to consult and cooperate with other Government agencies in furthering the purposes of the Small Business Act. Directs each Federal agency to target an increase of its research and development budget to be obligated for prime contract awards to small business concerns by at least two percent more than the percent of such awards made in the preceding fiscal year. Requires the increase to begin in fiscal year 1980 and continue until such concerns are receiving at least 20 percent of such awards. Directs each agency to fully utilize procurement methods authorized under this Act in order to achieve the target levels. Requires each Federal agency having a research and development budget of $100,000,000 or more to initiate and conduct a small business innovation research competitive solicitation program. Directs that funding for such program shall be made available from each agency's budget and that each agency, utilizing applicable procurement methods, award to small business concerns at least 50 percent of its annual target for prime contracts. Directs each agency to conduct its program in accordance with such rules and regulations as are established by the SBA, including: (1) identifying specific and definable categories of projects; (2) establishing a simplified, standardized acquisition process; and (3) developing solicitation release schedules for notifying small business of contract opportunities. Requires the SBA to develop and maintain a master solicitation release schedule, source file, and informational program to facilitate small business participation in federally funded research and development. Directs the National Science Foundation and the Office of Federal Procurement Policy to provide advice and assistance to the SBA in the promulgation of such regulations. Requires the Administrator of the Office of Federal Procurement Policy, in cooperation with the SBA, to insure that such regulations provide the maximum practicable opportunity for small business concerns to perform federally funded research and development contracts. Provides that such regulations shall include: (1) the elimination of cost-sharing requirements and the allowance of negotiated fees on all contracts; (2) the opportunity for fair and equitable competition for contract awards; (3) a fair and prompt review of unsolicited proposals and the opportunity to receive sole source awards; (4) the consideration of independent research and development and bid and proposal costs as expenses under the contract in the fiscal year in which they occur; (5) the requirement for the Departments of Defense and Energy and the National Aeronautics and Space Administration to conduct periodic breakout reviews of all proposed large-scale systems contracts; (6) the opportunity for women-owned and minority business firms to be considered for research and development contracts; (7) the evaluation of procurement personnel performance in the award of contracts to small and minority business concerns; and (8) the responsibility to identify, study, and eliminate discrimination practices in procurement systems. Requires all Federal agencies to promulgate regulations which, insofar as practicable, impose the least amount of regulatory burden on small businesses. Directs the Securities and Exchange Commission to conduct an annual review of its rules and regulations which have the effect of restricting small business concerns from access to securities markets and to report to the appropriate congressional committees relative to the results of such review. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to provide procedures for sales and exchanges of interests in qualified small business concerns. Allows a taxpayer who sells an equity interest in any such business and purchases replacement property within 18 months, to elect that the gain from such sale be recognized to the extent that the amount realized exceeds the costs of the replacement property. Requires that such election be filed with the Secretary of the Treasury in such manner as the Secretary may prescribe. Requires, for purposes of this Act, that an exchange of equity interest shall be treated as a sale of such interest and the acquisition of replacement property on such exchange shall be treated as a purchase of such property. Requires that the determination of whether an equity interest in a small business concern be made at the time such interest is acquired by the taxpayer. Provides limitations on stock sales with respect to any equity interest in a qualified small business concern. Requires a reduction on the basis of replacement property in the case of nonrecognition of gain on the sale of equity interest in qualified small business concerns. Provides a statute of limitations for the assessment of any deficiency attributable to gain from the sale of equity interest in such business concerns. Provides technical and conforming amendments to the Internal Revenue Code applicable to provisions of this Act. Permits employees of qualified small concerns to exercise stock options within ten years after the date such option was granted. Provides for a reduction of capital gains tax for such business concerns held by a taxpayer for at least 5 years. Grants a capital loss carryover to a taxpayer to the extent such loss is attributable to an investment in such business concern for the ten succeeding years after the loss year. Allows a tax deduction for contributions to research and experimental expenditure reserves equal to the amount of such cash contribution during the taxable year, subject to specified limitations. Provides that such reserves shall be considered tax-exempt organizations under provisions of the Internal Revenue Code. Requires that amounts distributed to any person from such reserve shall be included in the gross income of such person, unless such amount relates to a research and experimental expenditure expense. Amends the definition of small business corporations under the Code to specify that such corporation does not have more than 100 shareholders and does not have as a shareholder a person who is not an individual or corporation. Removes limitations on amounts allowable for tax losses with respect to stock issued by qualified small business concerns. Sets forth effective dates for amendments made under this Act. Allows a qualified small business concern to treat research and experimental expenditures for the acquisition or improvement of property as expenses not chargeable to its capital account. Allows such concerns to treat such expenditures for any property subject to a depreciation or depletion allowance as deferred expenses, and in the case of a building such deferred expense shall be allowed ratably over a period of 120 months. Title III: Patents and Inventions - States that it is the objective of this Act to amend existing patent procedures in order to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Permits Federal agencies which have supported such projects to retain title to inventions through their funding agreements in specified circumstances, including when necessary to conduct foreign intelligence or counterintelligence activities. Requires review of agency determinations that such circumstances exist by the Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration. Directs the Comptroller General to report to Congress on the implementation of this Act by Federal agencies. Enumerates provisions which must be included in funding agreements between Federal agency and a small business firm or nonprofit organization including provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an organization, other than small business firms, from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Provides that the first commercial use with respect to a product of the invention shall not end the exclusive period to different subsequent products covered by the invention. Requires the head of a Federal agency to approve provisions of a funding agreement which require the licensing to third parties of inventions owned by the contractor. Sets forth terms and conditions under which such approval may be granted. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assigns to grant licenses in order to: (1) achieve practical application of the invention in its field of uses; (2) alleviate health or safety needs; (3) meet requirements for public use specified by Federal regulations; or (4) achieve participation by United States industry in the manufacturing of an invention. Entitles the government to 15 percent of all net income in excess of $70,000 gross income received by a contractor after a patent application is filed on a subject invention. Provides that if a contractor receives a gross income of $1,000,000, the government shall be entitled to a share of the excess of $1,000,000 that shall be negotiated but not to exceed five percent of such excess. Limits the government share of any such excesses to its contributions under the funding agreement. Authorizes and directs the Director of the Office of Federal Procurement Policy to revise the government entitlements in light of changes to the Consumer Price Index or other indices at least every three years. Declares such government entitlements applicable to subject inventions upon which United States patents are granted and in effect. Restricts the assignment and licensing of rights by patent holders to foreign owned or controlled firms unless such persons agree that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States where commercially feasible. Authorizes Federal agencies to withhold information on inventions from public disclosure. Specifies the authority of Federal agencies with respect to obtaining patents, granting licenses, and transferring custody of patents. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Prohibits licensing which lessens competition. Directs that business firms be given preference in exclusive or partially exclusive licensing. Enumerates provisions which must be contained in any grant of a license by a Federal agency. Declares that this Act shall take precedence over any other Act in the disposition of inventions. Directs the Commissioner of Patents and Trademarks to establish regulations governing: (1) the citation to the Patent and Trademark Office of prior art patents or publications which are pertinent to a later patent; and (2) the reexamination of a patent to determine whether such a prior patent or publication has any bearing on the patentability of any claim of such patent. Authorizes any individual to: (1) cite to the Office any such prior patent; and (2) request such a reexamination. Requires the Commissioner within 90 days of such a request to make a determination as to whether the cited prior patent raises a new question of the patentability of any claim of the later patent. Authorizes the Commissioner on his or her own initiative to make such a determination at any time. States that a determination that no new question is raised shall be final. Directs the Commissioner, upon determining that there is a new question of patentability, to order and conduct a reexamination. Requires that the patent owner be provided at least two months to file a statement on such question and that the person making the reexamination request be provided two months to respond to such statement. Declares that the patent owner shall be provided an opportunity in any reexamination to amend any claim of the patent in order to distinguish the claim from the prior patent cited, or in response to a decision adverse to the patentability of the claim. Authorizes the owner to appeal any adverse decision. Directs the Commissioner, upon the conclusion of any reexamination or appeal proceeding, to issue and publish a certificate cancelling any unpatentable claim, confirming any valid claim, and incorporating any amended claim in the patent. Declares that no prior patent or publication may be relied upon as evidence of nonpatentability in a civil action involving the validity or infringement of a patent unless: (1) the prior patent or publication was cited by or to the Office regarding application or reexamination proceedings for the patent; or (2) the court concludes that consideration of the prior patent or publication in such proceedings is unnecessary for adjudication. Sets forth circumstances under which a court may stay the proceedings of a civil action involving the infringement or validity of a patent to enable either party to such action to secure a determination on a request for reexamination of the patent by the Patent and Trademark Office. Provides the moving party in such action the right to dismiss the complaint commencing such action.
United States · United States Congress · 16 October 1979
Amends the Internal Revenue Code to allow an income tax credit for expenditures to replace furnaces with furnaces that meet specified energy efficiency targets established by the Department of Energy. Limits the amount of such credit to 30 percent of expenditures under $2,000 and 20 percent of expenditures between $2,000 and $10,000.
United States · United States Congress · 16 October 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of benefits to any individual for any month in which such individual is confined in a penal institution. Stipulates that benefits withheld from such individuals shall be treated as having been paid to such individuals for purposes of determining the benefits to which other persons are entitled on the basis of the same wages and self-employment income.
United States · United States Congress · 11 October 1979
Authorizes and requests the President to designate March 11, 1980, as "National Postal Workers' Recognition Day."
United States · United States Congress · 9 October 1979
Urban Rivers Rehabilitation Act of 1979 - Permits the Secretary of Housing and Urban Development (HUD) to make grants to the State of Rhode Island and political subdivisions of such state to rehabilitate a specified part of the Ten Mile River for recreational purposes. Sets forth the factors the Secretary must consider in making such grants.
United States · United States Congress · 9 October 1979
Authorizes and requests the President to designate May 1, 1980, as "National Bicycling Day."
United States · United States Congress · 27 September 1979
Amends the Right to Financial Privacy Act of 1978 to require a customer of a financial institution who files a motion to quash an administrative summons or judicial subpoena or an application to enjoin a Government authority from obtaining financial records for law enforcement purposes, to pay the five dollar filing fee which is currently required on filing an application for a writ of habeas corpus.
United States · United States Congress · 27 September 1979
States that the filing fee for a motion to quash an administrative summons or judicial subpoena or an application to enjoin a Government authority from obtaining financial record for law enforcement purposes, by a customer of a financial institution under the Right to Financial Privacy Act of 1978 shall be five dollars.
United States · United States Congress · 20 September 1979
Sets forth the rule for the consideration of H.R. 3546 (Federal Insecticide, Fungicide, and Rodenticide Act extension).
United States · United States Congress · 20 September 1979
Welcomes Pope John Paul II to the United States.
United States · United States Congress · 18 September 1979
Buy American Act Amendments of 1979 - Prohibits the obligation of Federal funds to purchase over $10,000 worth of goods for any project unless such goods are mined or produced in the United States or manufactured in the United States from domestic products. Waives such restriction if the head of the department obligating such funds determines that: (1) such restriction is not consistent with the public interest; (2) adequate domestic goods are not available; or (3) such restriction will increase project costs more than ten percent. Prohibits the obligation of over $10,000 in Federal funds for building construction or repair work unless the department head determines that the work will be performed by citizens or resident aliens of the United States. Declares that such prohibition shall not apply if: (1) there are not sufficient qualified citizens or aliens to perform such work; or (2) it would increase project costs by over ten percent.
United States · United States Congress · 17 September 1979
Energy Productivity Act of 1979 - Title I: Residential Energy Conservation - Establishes the Residential Energy Conservation Office within the Department of Energy to accept applications for reimbursement of residential energy conservation improvement expenditures made in accordance with regulations issued by the Director of such office. Sets forth requirements for such applications and imposes limitations upon the amount of reimbursement to be made to approved applicants for energy conservation improvements to houses, apartment buildings, and hotels. Directs the Director to coordinate such reimbursement program with the energy audit program established under the National Energy Conservation Act and to promote the availability of such audits in connection with such reimbursement program. Authorizes the Director to use any available means of communication to advertise such residential energy conservation reimbursement program. Requires the Director to conduct an evaluation of such program to determine its effectiveness in promoting residential energy conservation and its cost effectiveness in terms of probable energy savings. Directs the Comptroller General of the United States to audit the operations of the Residential Energy Conservation Office. Sets forth procedures for such audits. Authorizes appropriations for such residential energy conservation program. Requires sellers of energy conservation improvements to certify to purchasers that such improvements comply with regulations issued by the Director pursuant to this Act. Establishes criminal penalties for providing false information to the Director concerning any reimbursement application or improvement certification. Title II: Industrial Fuel Conservation - Authorizes the Secretary of Energy to make loans to industrial firms to assist in paying engineering costs for industrial energy conservation projects. Sets forth criteria for issuing necessary regulations and terms and conditions for such loans. Authorizes appropriations for such program for fiscal years 1980 through 1985. Authorizes appropriations for an accelerated energy productivity industrial research, development, and demonstration program. Directs the Secretary to issue regulations providing for an energy rebate to industrial firms implementing energy conservation projects approved by the Secretary. Sets the amount of such rebate at $15 for each barrel of crude oil equivalent of critical fuel saved in the full year following such project implementation. Requires that such rebate be structured to provide incentive for investment in permanent conservation equipment and production procedures. Authorizes appropriations for such rebate program. Title III: Commercial Property Energy Conservation Loan Program - Directs the Secretary to establish within the Department of Energy a Commercial Property Energy Conservation Loan Program for the purpose of providing low-interest loans to owners, developers, or builders of commercial property for the purchase of energy conservation systems. Prohibits participation of Program personnel and agents in matters affecting their personal interest or the interests of any entity with which they are associated. Directs the General Accounting Office to periodically audit the financial transactions of the program. Establishes an advisory board to provide advice to the Secretary in carrying out such loan program. Sets forth membership requirements for such Board. Excludes owners, developers, or builders of structures eligible for grants pursuant to title III of the National Energy Conservation Policy Act from eligibility for such loans. Defines the term "energy conservation systems" for the purpose of determining eligibility for such loans and sets forth terms thereof. Provides that where a borrower has entered into agreements with his tenants allowing energy savings passthroughs, such borrower may pass through annual loan payments to his tenants as operating energy expenses. Establishes criminal penalties for making false statements or misrepresentations concerning loans made under such program. Directs the Secretary to make annual reports to the President and to both Houses of Congress on the operation of such program, recommendations for improvements, and identification of problem areas. Directs the Secretary to promote such loan program by informing financial institutions and commercial property owners, developers, and builders of the benefits of such program. Permits the use of Department of Energy personnel on such program. Authorizes appropriations for such program for fiscal years 1980 through 1983.
United States · United States Congress · 14 September 1979
Depository Institutions Act of 1979 - Title I: Amendments to the National Banking Laws - Makes changes with respect to the following: (1) the power of national banks to purchase, hold, and convey real estate; (2) trust powers of national banks; and (3) the emergency restrictions on Federal Reserve banks. Title II: Termination of National Bank Closed Receivership Fund - Directs the Comptroller of the Currency to disburse the liquidating dividends from national banks closed on or before January 22, 1934, held by the Comptroller in the capacity as successor to receivers of those banks. Title III: Financial Regulation Simplification - Financial Regulation Simplification Act of 1979 - Directs the Board of Governors of the Federal Reserve System, the Board of Directors of the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, and the National Credit Union Administration to periodically review and revise their regulations to assure that such regulations: (1) are necessary and clearly written; (2) have been adopted in a manner which gives opportunity for public participation and comment and the consideration of alternatives; (3) minimize compliance costs and other burdens to financial institutions and the public; and (4) avoid duplication and inconsistencies. Directs such Federal agencies to submit reports on the implementation of this title to the Banking Committees of the House of Representatives and the Senate. Terminates this title five years after its effective date. Title IV: Increasing Home Mortgage Financing - Amends the National Housing Act to reduce the amount of reserves which must be maintained by a financial institution against its accounts insured by the Federal Savings and Loan Insurance Corporation. Amends the Home Owner's Loan Act of 1933 to increase the amount which may be loaned by a Federal Savings and Loan Association on the security of a first lien upon homes, dwelling units, or business properties used primarily for dwellings. Amends the Federal Home Loan Bank Act to permit each Federal home loan bank to retire stock held by one of its members in the bank until the amount of outstanding advances made by such bank to such member exceeds 20 times the amount of stock held by such member. Repeals limitations on the required security for such advances. Authorizes each Federal home loan bank to make secured advances to its members using such residential home mortgages and obligations of or fully guaranteed by the United States as the Federal Home Loan Bank Board may prescribe.
United States · United States Congress · 11 September 1979
Fuel Assistance Act of 1979 - Title I: Fuel Assistance for Low-Income and Elderly Households - Directs the Secretary of Health. Education, and Welfare (HEW), in cooperation with the Secretary of Energy, the Director of the Community Services Administration, and the Secretary of Housing and Urban Development, to establish procedures for determining the needs of eligible low- income and elderly households for increased weatherization and other energy-related assistance and for providing such assistance on a time basis. Earmarks specified funds for the purpose of creating public information and outreach programs designed to ensure maximum participation in the energy assistance program established under this Act. Directs the Secretary of HEW, acting through the Social Security Administration, to establish a program to provide assistance to low-income and elderly households for meeting primary residential fuel costs. Sets forth criteria for determining the amount of such assistance, and requirements for eligibility. Specifies that the amount or value of benefits provided under such program shall not be considered income or resources for any purposes under any Federal or State law. Establishes a system of making payments to fuel suppliers supplying fuel to eligible recipients. Requires such suppliers to provide specified information to the appropriate State agency in order to qualify for such payments. Provides that such program shall be administered by the appropriate State agency according to an agreement between such agency and the Secretary, or, in the absence of such agreement, by the Secretary in accordance with regulations. Requires suppliers to keep full records and submit them to the Comptroller General as needed for auditing purposes. Prohibits suppliers from refusing to sell fuel to eligible participants solely on the basis of their participation in the fuel assistance programs established under this Act. Prohibits suppliers from terminating supplies of primary residential fuel to eligible households except in accordance with specified procedures. Imposes criminal penalties for violations of the provisions of this Act. Authorizes the Secretary to issue regulations necessary to carry out this Act. Authorizes appropriations to carry out such fuel assistance program. Directs the Director of the Community Services Administration to establish a crisis intervention program to supplement the fuel assistance program with evacuation procedures, emergency shelter, home repair, or payment of bills. Authorizes appropriations for such crisis intervention for fiscal years 1980 through 1982. Title II: Middle-Income Energy Tax Credit - Amends the Internal Revenue Code to allow a tax credit to eligible taxpayers for amounts paid for heating oil for principal residences.
United States · United States Congress · 7 September 1979
Amends the Internal Revenue Code to qualify passive solar energy property for the residential energy tax credit.
United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, and insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active- duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product. Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services; (2) health clinic services, including rural health clinic services; (3) home dialysis supplies; (4) tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lenses after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health-care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO: and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the maximum reasonable cost for such service; and (2) drugs and hearing aids in accordance with the lowest of: (A) the provider's fee charged for dispensing the drug or hearing aid; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtainable by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health-care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-, SSI-, AFDC-eligible residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare- eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (PL 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an advocate, to assist consumers in determining and protecting their rights to services; and (3) an inspector general, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B, Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State-chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3)that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services, and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health- care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI- Effective Dates, Transition Provisions, Amendments - Part A, Effective Dates and Transition Provisions - Sets forth effective dates for provisions of this Act. Provides for a special national premium rate for the period between October 1 and December 31 of the year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI: - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45-consecutive-day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost". Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 2 August 1979
Small Business Judicial Access Act of 1979 - Title I: Revision of Class Damage Procedures - Repeals Federal Rule of Civil Procedure 23 (b)(3) (class actions where common questions of law or fact predominate) and creates two new types of civil actions against persons whose conduct gives rise to private actions for damages under statutes of the United States: (1) a public action vesting a single claim in the United States where (a) at least 200 persons have each sustained injury of less than $300, and (b) the combined damages exceed $60,000; and (2) a class compensatory action where at least 40 persons have each sustained injury greater than $300. Requires in both actions that the injuries or liability arise out of the same transaction or occurrence and that a substantial common question of law or fact exist. Authorizes the court, in a public action against the United States, to make orders limiting the involvement of the Attorney General. Allows a public action to be brought by the United States or private person in the name of the United States. Authorizes the Attorney General, in actions by a private person, to: (1) assume control of the action; (2) permit prosecution by the private person; (3) refer the action to a State attorney general in specified circumstances; or (4) recommend to the court that the action be dismissed. Requires, in a public action brought by a private person where the United States prevails, the defendant to pay the relator taxable costs, reasonable expenses (including attorney fees where allowed by law), and an incentive fee. Specifies calculation of such fee, to a maximum of $10,000, and precludes payment to the relator's attorney. Establishes guidelines for the calculation of attorney fee awards in both actions. Defines, in a public action where liability has been found, the bases of recovery. Allows the court to include in the judgment injunctive or declaratory relief. Establishes in the Administrative Office of the United States Courts a Public Recovery Fund. Specifies procedures for the administration of such fund for allocation of the fund to injured persons who make claims. Requires, in a class compensatory action, that: (1) damages be proven by any legal method; (2) liability and damages be separately determined; and (3) a defendant found liable identify and serve notice upon persons likely to have been injured. Prescribes procedures for judicial management of public and class compensatory actions relating to: (1) discovery; (2) preliminary hearings; (3) notice to other members of the class; (4) transfer and consolidation of actions; (5) the effect of a judgment on other members of the class; (6) settlement; and (7) the examination of requests for attorney's fees. Title II: Appeal of Small Civil Penalties Against Small Business Concerns - Permits any small business concern to appeal a civil penalty levied against it by a Federal agency directly to a United States district court provided such penalty does not exceed $2,500 and is not within the jurisdiction of the United States Tax Court, Customs Court, Court of Military Appeals, or Court of Claims. Directs the district court to refer such appeals to a United States magistrate who may dismiss an appeal for want of jurisdiction, or affirm, rescind, or modify the civil penalty involved. Declares that any determination on the merits of such an appeal by a magistrate shall be a final nonreviewable order. Title III: Office of Advocacy - Directs the Office of Advocacy within the Small Business Administration to assist the Attorney General, a Federal agency, or a State in performing its duties in advancing public actions in order to facilitate collective relief to small business concerns for violations of Federal statutes. Requires the Chief Counsel for Advocacy to submit specified reports to the President and the Congress on the procedures established by this Act.
United States · United States Congress · 2 August 1979
Amends the Immigration and Nationality Act to include within the definition of "special immigrant" an immigrant (and accompanying spouse and children) entering the United States to pursue a course of religious study at an institute of religious training, which is registered with the Attorney General, in order to carry out the vocation of minister of a religious denomination having a bona fide organization in the United States and needing the services of such immigrant.
United States · United States Congress · 27 July 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 27 July 1979
Solar Energy Development Bank Act - Establishes a Solar Energy Development Bank within the Department of Housing and Urban Development (HUD). Directs the President to appoint, with the advice and consent of the Senate, a president to manage and supervise the affairs of such bank subject to the direction of its Board of Directors. Directs the General Accounting Office to periodically audit the financial transactions of the Solar Bank. Permits the Solar Bank to impose fees or charges for its services. Stipulates that the Solar Bank be governed by a Board of Directors consisting of the Secretaries of HUD, the Treasury, and Energy. Directs the Board to adopt, amend, or repeal such regulations as are necessary or convenient for the functioning of the Solar Bank. Empowers the Board to fix the level of subsidy and the interest rate on loans subsidized by the Bank. Permits the Board to alter the level of subsidy and interest rates for new loans subsidized by the Bank. Sets forth factors for the Board to consider when altering such rates, including: (1) the prevailing market rates of interest for home mortgages, home improvement loans, and commercial loans, as well as prevailing market rates of interest for Government and corporate bonds; (2) the availability of other Government incentives and subsidies for solar energy equipment, including Federal income tax credits; (3) the costs of nonrenewable energy resources and systems; and (4) the levels of subsidy needed to induce consumers and builders to install solar energy systems in residential and commercial buildings. Permits the Solar Bank, beginning with fiscal year 1980, to make payments to financial institutions for the purpose of subsidizing below-market rate loans to owners or builders of commercial and residential structures for the purchase and installation of solar energy systems in such structures. Defines "solar energy systems" for the purposes of this Act. Sets forth the procedure and terms governing the payment of such subsidies. Exempts transactions made under this Act from any State or local usury laws. Establishes penalties for knowingly making false statements or misrepresentations of material fact with respect to any loan assisted under this Act. Directs the Board of Directors of the Solar Bank to make an annual report to the President and both Houses of Congress. Directs the Solar Bank to promote the programs established by this Act by informing and actively seeking the participation of financial institutions and consumers. Permits the Solar Bank to utilize the services of personnel within HUD with the permission of the Secretary. Authorizes the use of funds available in the Energy Security Trust Fund to carry out the purposes of this Act, within specified limits.
United States · United States Congress · 25 July 1979
Consumer Checking Account Equity Act of 1979 - Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 23 July 1979
Authorizes and requests the President to designate August 31, 1980, as "Working Mother's Day."
United States · United States Congress · 16 July 1979
Research Modernization Act - Directs the Secretary of Health, Education, and Welfare to establish within the National Institutes of Health a National Center for Alternative Research to develop and coordinate alternative methods of research and testing which do not involve the use of live animals. Directs that the Center will be managed by a Director who shall be appointed by the Secretary of Health, Education, and Welfare and that the head of any Federal agency which conducts or sponsors research or testing involving the use of live animals shall appoint one employee to serve as a member of the Center. Requires the Center to submit annual plans to the Secretary which shall include: (1) the identification and development of alternative methods of research and testing which do not involve the use of live animals; (2) directives to agencies which conduct or sponsor such research or testing; (3) an evaluation of the activities of the Center; and (4) an evaluation of the extent to which the goals of the plan have been achieved. Requires the Secretary to submit a report annually to Congress summarizing the plan. Requires the Secretary to make and publish in the Federal Register descriptions of alternative methods of testing which meet the regulatory scientific needs of the agencies and which have been reported in summary or plan. Prohibits the use of Federal funds to sponsor research or testing involving the use of live animals if alternative methods have been published in the Federal Register or if such work duplicates work performed by another agency. Requires each agency conducting research involving the use of live animals to: (1) implement a program to develop and utilize alternative methods of research and testing that would reduce or eliminate reliance on the use of live animals; (2) implement a program to develop and utilize methods which minimize or eliminate the pain, suffering, and fear of animals used in such research and testing; and (3) make grants and enter into contracts with educational institutions to establish courses for the training of scientists in methods of research and testing which do not involve the use of live animals.
United States · United States Congress · 12 July 1979
Amends the Energy Conservation in Existing Buildings Act of 1976 to increase the labor cost limitations for weatherization materials for which financial assistance may be provided under such Act in areas where the Secretary of Energy determines that there is an insufficient number of volunteers, training participants, and public service workers available to work on weatherization projects. Authorizes the Secretary of Energy to waive the requirement relating to assurances that applicants for weatherization assistance will use such funds to supplement, and not supplant, State and local funds where he makes the determination described above. Makes inapplicable the limitation on the amount of weatherization assistance allowed to be used for repair to a dwelling to make such weatherization effective if the State policy advisory council requests the Secretary of Energy to increase such amount.
United States · United States Congress · 12 July 1979
Alternate Fuels Engine Development Act of 1979 - Title I: Alternative Fuels Engine Development Program - Directs the Secretary of Energy to establish a comprehensive program for the development of gas turbine engines for commercial production. Stipulates that such program shall include development of gasoline engine conversion systems. Authorizes the Secretary to make grants, contracts, and loans with specified types of institutions and organizations in order to carry out this title. Authorizes the Secretary to make loans to qualified entities to assist in the commercial production of such engines and conversion systems. Authorizes appropriations for programs described under this title. Requires that federally-purchased vehicles be equipped with gas turbine engines or gasoline engine conversion systems. Directs the Secretary to take such steps as necessary to assure participation by small businesses in the programs conducted under this title. Terminates the provisions of this Act effective January 1, 1990. Title II: Tax Incentives for Gas Turbine Engine Development and Production and for Gasoline Engine Conversion Equipment - Amends the Internal Revenue Code of 1954 to provide an additional 15 percent investment tax credit for gasoline conservation property, as defined under this Act. Allows a tax deduction with respect to the amortization of any qualified gasoline conservation product facility based on a period of 60 months. Sets forth procedures for determining eligibility for and claiming such deduction. Allows a tax credit for purchase of qualified gasoline conservation products. Allows a tax deduction for fees paid for transportation of a taxpayer on any public transportation motor vehicle which uses any qualified gasoline conservation product.
United States · United States Congress · 10 July 1979
Declares it the sense of Congress that the Postmaster General and the Citizens Stamp Advisory Committee should give favorable consideration to the issuance of a commemorative postage stamp in honor of Americans of Italian descent and the 250th anniversary of the birth of Philip Mazzei on December 25, 1980, or as soon as possible thereafter. States that the Postmaster General and the Committee should honor other foreign-born contributors to the revolutionary cause, from countries which have not yet been commemorated, prior to the conclusion of the American Bicentennial celebration in 1983.
United States · United States Congress · 28 June 1979
Smaller Enterprise Regulatory Improvement Act - Amends the Small Business Act to require each Federal agency to publish semiannually an agenda of those rules which may be proposed during the upcoming six-month period affecting a substantial number of small business concerns and small organizations. Defines "small organizations" to include unincorporated businesses, sheltered workshops, nonprofit enterprises which are not dominant in their fields and such other groups and enterprises as each Federal agency shall establish by rule. Requires each published agenda to be transmitted to the Office of Advocacy of the Small Business Administration for comments. Directs each Federal agency to endeavor to provide notice of each agenda to affected small enterprises by means other than publication in the Federal Register. Directs each Federal agency to publish a written analysis prior to the issuance of any rule affecting a substantial number of small business concerns and organizations which considers: (1) the effect of such rule on small enterprises and competition; (2) whether an exemption could be provided such small enterprises; (3) whether lesser compliance standards could be adopted for small enterprises; and (4) the expected nature of reporting and recordkeeping requirements necessitated by such rule. Requires each Federal agency to issue a rule containing an exemption or differing compliance standards for such small business concerns and organizations if it is lawful, desirable, and feasible to do so. States that such small enterprises shall be given an opportunity to participate in agency rulemaking. Requires each agency to review its existing rules and prepare an analysis for purposes of eliminating those rules which are most burdensome to small businesses and organizations. Permits any agency to perform the analyses required by this Act in conjunction with any other analysis required by law. Declares that such other analysis shall not in itself satisfy the requirements of this Act.
United States · United States Congress · 28 June 1979
Designates April 10, 1980, as "ORT Centennial Day" to salute the Organization for Rehabilitation through Training on its 100th anniversary.
United States · United States Congress · 27 June 1979
Animal Welfare Act Amendments of 1979 - Amends the Animal Welfare Act to prohibit coursing (the use of live animals as visual lures in dog racing and training). Sets forth the penalties for violation of this Act. Exempts any dog trained by the use of any live visual lure, or sponsored or exhibited in a coursing venture, or any animal used as a live visual lure in a coursing venture before the effective date of this Act from the provisions of this Act.
United States · United States Congress · 21 June 1979
Defense Production Act Amendments of 1979 - Amends the Defense Production Act of 1950 to authorize the President to allow the Department of Energy and the Tennessee Valley Authority to guarantee loans for the purpose of expediting deliveries or services with respect to national defense contracts. Increases the maximum loan which any Federal agency may guarantee under such Act without the approval of Congress from $20,000,000 to $38,000,000. Requires notification to specified Congressional committees of any proposed obligation above such limit. Authorizes the agency involved to guarantee such a loan if neither House of Congress disapproves of such action within a specified time. Authorizes the President to provide loans to private business enterprises for the production of energy. Increases the ceiling for loans made to private enterprises pursuant to such Act from $25,000,000 to 48,000,000. Extends the President's power under such Act to purchase raw materials for the national defense through fiscal year 1995. Directs the President to attempt to achieve a national production goal of at least 500,000 barrels per day crude oil equivalent of synthetic fuels and synthetic chemical feedstocks within five years. Authorizes and directs the President to require fuel and chemical feedstock suppliers to provide synthetic fuels and synthetic chemical feedstocks in any case where the President deems it practicable and necessary to meet national defense needs. Authorizes the President, in carrying out these objectives, to: (1) contract for purchases or commitments to purchase synthetic fuels and synthetic chemical feedstocks which may be for Government use or resale; and (2) encourage the development and production of such synthetic fuels and feedstocks for national defense preparedness. Terminates the President's authority to enter into such contracts at the end of fiscal year 1995. Sets forth procedures for the awarding and performance of such contracts. Authorizes the President to organize corporations to meet the production goal for synthetic fuels and feedstocks as set forth in this Act. Sets forth Congressional oversight measures with respect to the formation of such corporations. Authorizes appropriations of $2,000,000,000 for synthetic fuel and feedstock contracts as authorized pursuant to this Act. Extends specified provisions of such Act through fiscal year 1980.
United States · United States Congress · 13 June 1979
Oil and Gas Tax Act of 1979 - Amends the Internal Revenue Code to repeal the percentage depletion allowance for independent oil and gas producers and royalty owners. Repeals the tax treatment of intangible drilling and development costs for oil and gas wells (except nonproductive wells) as currently deductible expenses. Requires that such costs be capitalized and amortized over a 120 month period. Excludes from gross income foreign oil and gas income. Defines such income as any amount derived from an oil or gas property located outside the United States to the extent that such amount constitutes gross income from property for purposes of the percentage depletion allowance. Requires the payment of income taxes at the corporate level on the foreign oil-related income of domestic corporations.
United States · United States Congress · 7 June 1979
Amends the Internal Revenue Code to qualify a replacement oil boiler whose energy savings cost can reasonably be expected to exceed its cost over a ten year period for the investment tax credit.
United States · United States Congress · 6 June 1979
Replacement Motor Fuels Act of 1979 - Directs the Secretary of Energy to establish a program to promote the development and use of replacement fuels in the United States to replace gasoline used as a motor fuel with replacement motor fuel containing the maximum percentage of alcohol, or other liquid produced from coal, oil, shale, or other substances as is economically and technically feasible. Directs the Secretary to determine with respect to replacement fuels: the most suitable raw materials for their production, the nature of the distribution systems and production processes of such fuels, the technical and economic feasibility of including liquids extracted from oil shale and coal in such program, and the technical and economic feasibility of reaching goal of replacing 20 percent of the gasoline used as a motor fuel with replacement fuels by the year 1992. Directs the Secretary to set production goals for replacement fuels for each of calendar years through 1981 through 1987. Sets forth the manner of determining the percentage of replacement fuel by volume to be contained in the total quantity of gasoline and replacement fuel sold annually in commerce in the United States in calendar years 1981 through 1990, and directs the Secretary to issue a rule setting the minimum percentage replacement fuel to be sold for year 1981 through 1986 by any refiner. by any refiner. Sets forth provisions for the enforcement of such requirements. Authorizes the appropriation of up to $1,000,000 for fiscal year 1980 to carry out this Act.
United States · United States Congress · 6 June 1979
Defense Production Act Amendments of 1979 - Amends the Defense Production Act of 1950 to authorize the President to allow the Department of Energy and the Tennessee Valley Authority to guarantee loans for the purpose of expediting deliveries or services with respect to national defense contracts. Increases the maximum loan which any Federal agency may guarantee under such Act without the approval of Congress from $20,000,000 to $38,000,000. Requires notification to specified Congressional committees of any proposed obligation above such limit. Authorizes the agency involved to guarantee such a loan if neither House of Congress disapproves of such action within a specified time. Authorizes the President to provide loans to private business enterprises for the production of energy. Increases the ceiling for loans made to private enterprises pursuant to such Act from $25,000,000 to 48,000,000. Extends the President's power under such Act to purchase raw materials for the national defense through fiscal year 1995. Directs the President to attempt to achieve a national production goal of at least 500,000 barrels per day crude oil equivalent of synthetic fuels and synthetic chemical feedstocks within five years. Authorizes and directs the President to require fuel and chemical feedstock suppliers to provide synthetic fuels and synthetic chemical feedstocks in any case where the President deems it practicable and necessary to meet national defense needs. Authorizes the President, in carrying out these objectives, to: (1) contract for purchases or commitments to purchase synthetic fuels and synthetic chemical feedstocks which may be for Government use or resale; and (2) encourage the development and production of such synthetic fuels and feedstocks for national defense preparedness. Terminates the President's authority to enter into such contracts at the end of fiscal year 1995. Sets forth procedures for the awarding and performance of such contracts. Authorizes the President to organize corporations to meet the production goal for synthetic fuels and feedstocks as set forth in this Act. Sets forth Congressional oversight measures with respect to the formation of such corporations. Authorizes appropriations of $2,000,000,000 for synthetic fuel and feedstock contracts as authorized pursuant to this Act. Extends specified provisions of such Act through fiscal year 1980.