United States · United States Congress · 23 April 1980
Handgun Crime Control Act of 1979 - Title I: Amendments to Chapter 44, Title 18, United States Code, Gun Control - Amends the Gun Control Act of 1968 to revise and add definitions used in the Act. Defines "handgun" to include handgun parts. Defines "Department" to mean the Department of Justice (current law is under the authority of the Secretary of the Treasury). Prohibits non-licensees from engaging in the business of repairing firearms or ammunition. Stipulates that certain otherwise lawful activities, such as the returning of a firearm by a licensee to the person from whom it was received and the mailing of a firearm to a licensee for the purpose or repair, shall be unlawful with respect to "easily concealable handguns" (that is, those handguns not approved by the Attorney General under this Act). Prohibits the loan or rental of an easily concealable handgun to another person for temporary use for lawful sporting purposes. Prohibits a licensee from selling a handgun to a person who does not appear in person at the licensee's business premises. Prohibits a licensee from selling or delivering a firearm or ammunition to any person if such sale or delivery violates a public ordinance at the place of residence of the purchaser. Revises the statement which must be submitted to a licensee by a purchaser not appearing at such licensee's business premises to provide that such purchaser be 18 years of age with respect to all firearms (current law requires a purchaser of any firearm other than a shotgun or rifle to be 21 years of age). Prohibits a licensee from manufacturing, assembling, selling, or transferring any handgun, other than a curio or relic, which has not been approved by the Attorney General. Prohibits any person from transferring such a handgun unless such person has reasonable cause to believe that the handgun has been approved. Excepts the mailing of handguns to comply with approved standards under certain circumstances. Prohibits the modification of an approved handgun resulting in the failure of such handgun to meet the approved standards. Revises the current prohibition against certain classes of individuals transporting a firearm or ammunition in interstate commerce to: (1) extend such prohibition to possession or receipt of any firearm or ammunition; and (2) include as additional categories illegal aliens, persons dishonorably discharged from the Armed Forces, and persons who have renounced their United States citizenship. Includes such categories in the current prohibition against selling a firearm or ammunition to certain classes of individuals. Prohibits any person from transporting a firearm or ammunition in interstate or foreign commerce in violation of a State law in a place to or through which the firearm was transported. Prohibits a licensee from transferring three or more handguns to the same non-licensee within a period of one year, without prior approval of the Attorney General. Prohibits a non-licensee from receiving three or more handguns within one year without such approval. Prohibits any person who has knowledge of the loss, theft, or disappearance of a handgun in his or her control or possession to fail to report such incident to a law enforcement officer and the Attorney General. Specifies the circumstances under which a person in lawful possession of a license or permit to: (1) carry handguns issued under a State licensing or permit granting program approved by the Attorney General may purchase or receive a handgun in any State from a licensed dealer or non-licensee; and (2) purchase handguns issued under an approved program, may purchase or receive a handgun in the State issuing the license or permit. Directs the Attorney General to review State laws providing for licenses or permits to carry or purchase handguns and to certify as approved those satisfying specified requirements. Specifies the circumstances under which (except as provided by other sections of the Act) a licensed dealer or non-licensee may transfer a handgun to another non-licensee. Sets new annual licensing fees of $5,000 for a manufacturer or importer of handguns, $500 for a dealer in handguns, $100 for a dealer in ammunition for handguns that is not also used in rifles, and $100 for a dealer who is a gunsmith. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition and such dealers from conducting business from the premises of a pawnbroker. Imposes additional requirements for the approval of a license application by the Attorney General. Increases from 45 to 90 days the period in which an application must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any provision of the Act to a civil penalty of up to $10,000 per violation. Sets forth new recordkeeping requirements for licensed importers, manufacturers, and dealers in handguns. Provides for the transfer of records where a licensee loses his or her license, transfers the business to another person, or in any way ceases doing business. Directs the Attorney General to appoint a 15-member Handgun Criteria Commission to develop criteria for the evaluation of handgun models according to frame size and other appropriate factors for determining whether such models are easily concealable, have potential for criminal use, or are particularly suitable for sporting purposes. Requires the Commission to submit a report containing such criteria within one year of enactment and to evaluate biannually the effectiveness of existing criteria. Directs the Attorney General to revise the criteria upon a determination by the Commission that handguns satisfying existing criteria are significantly involved in handgun crime. Requires final criteria to be transmitted to Congress, which may disapprove by resolution the criteria within 60 days of continuous session. Directs the Attorney General to approve for manufacture, importation, or transfer any handgun model which satisfies the established criteria after representative samples of such model are evaluated and tested. Authorizes exceptions with respect to handguns which are particularly appropriate for law enforcement purposes. Directs the Attorney General, prior to the time that criteria have been established, to evaluate samples of all handgun models and approve for manufacture, importation, or transfer handgun models which meet specified requirements. Sets forth procedures for the administrative review of a finding that a sample submitted has failed to meet the approved standards. Requires the Attorney General to publish at least semiannually in the general register a list of handgun models which have been tested and the test results. Deems approved any handgun model not in manufacture on or after October 21, 1968, and which has not been tested. Revises the penalties under such Act. Disallows, with respect to a person who uses or carries a firearm during the commission of any felony and receives an additional sentence, the suspension of such sentence, the giving of probation, or the concurrent running of a term of imprisonment (under current law such prohibitions apply only to a second or subsequent offense). Sets forth a mandatory period of parole ineligibility for such offense, unless the court finds specified mitigating circumstances. Makes any person (including a licensee) who negligently sells or transfers a handgun in violation of this Act civilly liable for the death or injury suffered by an individual as a result of the use of the handgun by the transferee in the commission of an offense that causes death or personal injury to that individual. Stipulates that certain exceptions to the provisions of the Act shall only apply with respect to handguns which have been approved by the Attorney General in accordance with the Act. Allows a mental incompetent to be relieved from the disabilities of the Act with respect to the possession, acquisition, or transfer of firearms upon specific findings by a court. Authorizes the Attorney General to permit the importation of approved handguns. Directs the Attorney General to make annual grants for each fiscal year and supplemental grants at his or her discretion for compensation of victims of handgun crime to qualifying State programs for the compensation of victims of handgun crime. Specifies eligibility criteria for such programs and the amount of authorized payments. Requires the Attorney General to submit annual reports to the congressional judiciary committees concerning such programs. Establishes a nine-member Advisory Committee on Victims of Handgun Crime to advise the Attorney General on the administration of the programs and policies relating to the compensation of victims of handgun crimes. Title II: Gun Control Functions Transferred to Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Authorizes the President to transfer additional functions of other agencies to the Department which relate to the functions transferred by this Act. Establishes within the Department of Justice the Firearms Safety and Abuse Control Administration to administer the functions of the Attorney General under the Gun Control Act of 1968. Directs the Attorney General to transmit to Congress as part of the annual report of the Department of Justice a report on the activities of the Administration. Title III: Miscellaneous Provisions - Amends the Federal criminal code to increase from 45 to 90 days the period in which an application for a user permit or a license to import, manufacture, or deal in explosive materials must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any statutory requirement to a civil penalty of up to $10,000 per violation. Directs the Postal Service to promulgate regulations for the conveyance of handguns in the mails. Directs the Advisory Commission on Intergovernmental Relations established by the Act of September 24, 1959, in consultation with the United States Conference of Mayors, the National League of Cities, and representatives of Federal, State, and local law enforcement agencies, to report within six months of enactment on: (1) intergovernmental problems in controlling illicit handgun traffic; and (2) the effectiveness of the Omnibus Crime Control and Safe Streets Act of 1968 and the Gun Control Act of 1968. Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship). Makes this Act effective 120 days after enactment, with specified exceptions.
United States · United States Congress · 15 April 1980
Small Business Capital Formation, Capital Retention, and Expansion Act of 1980 - Amends the Internal Revenue Code to allow small businesses an income tax credit equal to 50 percent of the cash contributions to a business expansion reserve. Limits the amount of such credit to $300,000 for a taxable year. Requires that expenditures made from such reserve be used to acquire, construct, reconstruct, or erect depreciable business assets, for research or experimentation in connection with the taxpayer's trade or business, or for employee wage increases. Permits the accumulation of amounts of capital in the business expansion reserve for up to five years without tax penalty. Disallows any business expense deduction or credit for amounts paid out of a business expansion reserve other than the credit authorized by this Act. Limits the allowable deduction for depreciation of property acquired by funds paid out from a business expansion reserve to an amount determined under the straight line method.
United States · United States Congress · 15 April 1980
American Fisheries Promotion Act - Title I: Research and Development Regarding United States Fisheries - Directs that funds transferred by the Secretary of Agriculture to the Secretary of Commerce from duties collected under custom laws on fishery products shall be maintained in a separate fund and used by the Secretary of Commerce to: (1) provide financial assistance for the purpose of carrying out fisheries development projects approved under this Act; and (2) implement the national fisheries research and development program as set forth by this Act. Directs the Secretary of Commerce to make grants from such fund to assist persons in carrying out research and development fishery projects, including, but not limited to, harvesting, processing, marketing, and associated infrastructures. Subjects each such grant to such terms and conditions as the Secretary may require to protect the interests of the United States. Requires the Secretary to carry out a national program of research and development addressed to United States fisheries, if not adequately covered by projects assisted by grants made pursuant to this Act. Requires the Secretary, not later than 60 days before the close of each fiscal year, to submit to specified Congressional committees a report containing: (1) the fisheries development goals and funding priorities for the next fiscal year; (2) the status of each pending project; and (3) an analysis and evaluation of all projects assisted under this Act. Specifies, with respect to any fiscal year, that not less than 75 percent of the moneys transferred to the fund and such existing fund moneys carried over into that fiscal year shall be used by the Secretary to provide financial assistance for projects and the remainder of such moneys shall be used to implement the national fisheries research and development program. Requires the Secretary to award a grant for or carry out pursuant to the national fisheries research and development program: (1) a project to establish and operate a system (in which participation must be voluntary) to grade the quality of fish landed at a United States port; or (2) a project to improve fuel efficiency in carrying out fishing operations within a United States fishery. Directs the Secretary of Commerce to appoint not fewer than six officers who shall, with the concurrence of the Secretary of State, serve abroad to promote United States fishing interests. Requires the Secretary of State, upon the request of the Secretary of Commerce, to officially assign the officers to the diplomatic mission of the United States in the country in which such officers are placed, and to obtain for them diplomatic privileges and immunities. Title II: Amendments to the Merchant Marine Act, 1936 - Extends provisions of the Merchant Marine Act of 1936 which govern a capital construction fund for vessels built in the United States to govern such a fund for fishing vessels built in, and fishing facilities located in, a Commonwealth, territory, possession, or State of the United States. Authorizes the Secretary: (1) to guarantee the payment of obligations for financing or refinancing the construction, reconstruction, or reconditioning of fishery facilities capable of being used for priority development fisheries; and (2) to apply an economic soundness test with respect to guarantees of obligations for fishing vessels or facilities designed for use in such priority fisheries which is less stringent than the test applicable to other obligation guarantees under such Act. Directs the Secretary to establish within the Federal Ship Financing Fund three subfunds to contain moneys for obligation guarantees for: (1) fishing vessels and facilities meeting the more stringent test; (2) high risk fishing vessels and facilities meeting the less stringent test; and (3) vessels other than fishing vessels. Declares that during the period beginning on the date of the enactment of this Act and ending at the close of September 30, 1982, the Secretary of Commerce may make loans from the fisheries loan fund only for the purpose of assisting obligors to avoid default on obligations that are issued with respect to the construction, reconstruction, reconditioning or purchase of fishing vessels. Title III: Amendments to the Fishery Conservation and Management Act of 1976 - Amends the Fishery Conservation and Management Act of 1976 to provide for a reduction of the total allowable level of foreign fishing, if any, with respect to any United States fishery for each of the harvesting seasons 1981, 1982, 1983, and 1984. Declares that the total allowable level of foreign fishing permitted within any United States fishery during any harvesting season after the 1984 harvesting season is zero, except if the Secretary of Commerce determines that such reduction will result in a substantial surplus of fish stocks within the fishery and that such surplus will not be harvested by vessels of the United States during such harvesting season. Specifies that a recommendation by the Secretary that such reduction be deferred or continued with respect to any harvesting season shall take effect only if: (1) a report containing the recommendation is received by Congress not later than 90 days before the opening day of the respective harvesting season; and (2) neither House of Congress, within the 60 day period beginning on the day on which the report is received by Congress, adopts a disapproval resolution. Requires the owner or operator of any foreign fishing vessel for which a permit is issued pursuant to the Fishery Conservation and Management Act of 1976 to pay an additional fee equal to ten percent of the ex vessel price of the catch harvested under such permit. Requires the Secretary of Commerce to establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is within the fishery conservation zone and is: (1) engaging in fishing; (2) accepting United States harvested fish through transfer at sea; (3) cruising to and from a location at which any such fishing or transfer will transpire; or (4) taking highly migratory species. Requires such observers, while aboard foreign fishing vessels, to carry out such scientific and other functions as the Secretary deems necessary to carry out the purposes of this Act. Directs the Secretary to impose, with respect to each foreign fishing vessel, a surcharge in an amount sufficient to cover all costs of providing a United States observer aboard that vessel. Establishes, in the Treasury of the United States, the Foreign Fishing Observer Fund in which the Secretary shall deposit all surcharges collected.
United States · United States Congress · 31 March 1980
Coastal Management Improvement Act of 1980 - Amends the Coastal Zone Management Act of 1972 to specify that such Act may be cited as the "Coastal Management Act of 1972." Declares that it is the national policy to provide for programs that should at least provide for: (1) the protection of significant natural systems within the coastal zone; (2) the management of coastal development; (3) priority consideration to coastal-dependent uses and orderly processes for siting major facilities related to national defense, energy, fisheries development, recreation, ports and transportation; (4) public access to the coasts for recreation purposes; (5) the coordination and simplification of procedures in order to ensure expedited governmental decisionmaking for the management of coastal resources; (6) continued consultation and coordination with affected Federal agencies; and (7) the giving of timely and effective opportunities for public participation in coastal management decisionmaking. Defines the term "coastal resource of national significance" for the purposes of this Act. Allows the Secretary to Commerce to make a grant annually to any coastal State for not more than 80 percent of the costs of administering such State's coastal management program if the Secretary determines that such program meets specified requirements. Encourages the coastal States to amend their coastal management programs to provide for: (1) the inventory and designation of coastal resources of national significance within the coastal zone of the State; (2) the identification of land and water uses permissible with respect to coastal resources of national significance; and (3) specific and enforceable State standards to ensure that human activities are carried out in a manner that is consistent with the purposes of this Act. Requires the Secretary, with respect to any coastal State which, by October 1, 1984, has not amended its coastal management program to comply with this Act or does not have an approved management program, to: (1) inventory and designate the coastal resources of national significance within that State's coastal zone; (2) identify those permissible land and water uses with respect to designated resources; and (3) specify such standards as are necessary to ensure that human activities are carried out in a manner consistent with the purposes of this Act. Allows any coastal State to which the Secretary has prescribed such regulations to amend its management program to comply with the requirements of this Act. Requires the Secretary upon approval of such amendments to repeal the applicable regulations. Allows the Secretary to make grants annually to any eligible coastal State to assist that State in meeting one or more of the following objectives: (1) the preservation or restoration of specific areas of the State; (2) the redevelopment of deteriorating and underutilized urban waterfronts and ports that are designated in the State's management program as areas of particular concern; and (3) the provision of access to public beaches and other public coastal areas and to coastal waters. Allows such grants to be used for: (1) the acquisition of fee simple and other interests in land; (2) construction projects determined by the Secretary to be consistent with the purposes of this Act; (3) engineering designs, specifications, and other appropriate reports; (4) appropriate transportation systems; and (5) management costs and such other related costs as the Secretary determines to be consistent with the purposes of this Act. Limits such grants to no more than 80 percent of the costs of carrying out, during the fiscal year concerned, the purpose or project for which it was awarded. Allows an eligible coastal State, with the approval of the Secretary, to allocate a grant to a local government, an areawide agency, a regional agency, or an interstate agency. Requires the Secretary to assist eligible coastal States and their local governments in identifying other sources of available Federal technical and financial assistance regarding the objectives of this Act, and, through the Secretarial Representatives of the Department of Commerce in the standard Federal regions, to attempt to achieve simplified and expedited procedures for obtaining such Federal assistance. Authorizes the Secretary to permit two or more coastal States to use a portion of the resource management grants made to them under this Act for the purposes of interstate coastal management coordination. Allows any person having an interest which is or may be adversely affected to commence a civil action on his own behalf to compel compliance with this title against any person, including the United States, and any other government instrumentality or agency for any alleged violation of any provision of this title or any regulation promulgated under this title. Requires the Secretary to conduct a continuing review of the performance of coastal States with respect to coastal management. Provides for the reduction of financial assistance to any coastal State if the secretary determines that the coastal State is failing to make significant improvement in achieving the coastal management objectives. Directs the Secretary to withdraw approval of the management program of any coastal State, and to withdraw any financial assistance available to that State if the Secretary determines that the coastal State is failing to adhere to, and is not justified in deviating from: (1) the management program approved by the Secretary: or (2) the terms of any grant or cooperative agreement funded under this Act. Terminates the program of grants to coastal States for research and technical assistance for coastal zone management. Abolishes the Coastal Zone Management Advisory Committee. Requires the Secretary to prepare and submit to the President for transmittal to the Congress a report summarizing the administration of such Act during each period of two consecutive fiscal years. Requires the Secretary to conduct a systematic review of Federal programs, other than the coastal zone management programs set forth in such Act, which affect coastal resources for purposes of identifying conflicts between the objectives and administration of such programs and the purposes and policies of such Act. Requires the Secretary, within one year after the date of enactment of this Act, to notify each Federal agency having appropriate jurisdiction of any conflict between its program and the purposes and policies of this title. Allows the Secretary to make grants to any coastal State for the purposes of acquiring lands to provide for the preservation of islands. Authorizes appropriations to carry out the grants under this Act.
United States · United States Congress · 3 March 1980
Authorizes appropriations for the Coast Guard for fiscal year 1981. Sets forth the amount of funds allocated for: (1) operation and maintenance expenses; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; (3) alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation; and (4) research, development, tests, and evaluation. Permits the Coast Guard to have an end-of-year strength for active duty personnel of 39,487, provided that such ceiling does not include members of the Ready Reserve called to active duty. Specifies the average military training student loads for the Coast Guard as follows: (1) recruit and special training, 4,175 students; (2) flight training, 117 students; (3) professional training in military and civilian institutions, 595 students; and (4) officer acquisitions, 925 students. Authorizes the lease of housing facilities in foreign countries on a multiyear basis for a period not to exceed five years, and in accordance with local custom and practice, provides for advance payment for the lease. Authorizes the Secretary of the Department in which the Coast Guard is operating to increase the existing capital of the Coast Guard Supply Fund by the value of usable materials transferred thereto from Coast Guard inventories carried in other accounts. Disallows reductions in the rate of pay and allowances to which appointed temporary officers would have been entitled had they remained in their former grade and continued to receive the increases in pay and allowance authorized for that grade. Permits the payment of a monetary allowance in place of transportation to a member whose baggage and household effects are moved by a privately owned or rented vehicle. Allows the payment of the allowance in advance of the transportation of the baggage and household effects, and does not limit the allowance to reimbursement for actual expenses. Requires the owner or operator of a vessel documented or to be documented as a vessel of the United States to reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the inspection or examination when the inspection or examination is conducted at a foreign port or place at the request of the owner or operator.
United States · United States Congress · 28 February 1980
Resource Conservation and Development Act of 1980 - Directs the Secretary of Agriculture to establish a resource conservation and development program to assist States, local units of government, and local nonprofit organizations to operate and maintain a planning process for land conservation and utilization, natural resources development, and rural economic and environmental improvement. Authorizes the Secretary to: (1) provide technical assistance in developing area plans for designated rural areas; (2) cooperate in conducting surveys and inventories, disseminating information, and developing area plans; (3) assist in the carrying out of approved area plans by local public agencies and nonprofit organizations designated by States; and (4) enter into specified agreements. Sets forth terms and conditions of agreements which must be met if the Secretary is to provide any technical or financial assistance, including loans, to a State agency, local government, or local nonprofit organization in carrying out works of improvement specified in an approved area plan. Permits the identification of groups or problems for special consideration in area plans. Declares that the authority of the Secretary under this Act shall be supplemental and not in lieu of any authority of the Secretary under any other provision of law. Directs the Secretary to establish within the Department of Agriculture a Resource Conservation and Development Policy Board to advise the Secretary regarding the administration of this Act. Directs the Secretary to evaluate the program provided for in this Act and to report on such evaluation, with recommendations. Authorizes appropriations necessary to carry out this Act, with specified annual limits on technical and financial assistance and on loans.
United States · United States Congress · 27 February 1980
Food Security Act of 1980 - Declares it to be U.S. policy to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President, in order to carry out such policy, to establish a reserve stock of wheat of up to 4,000,000 metric tons for specified purposes. Permits stocks of wheat for such reserve to be acquired: (1) through purchases from producers or in the market, if the Secretary of Agriculture determines that such purchases will not unduly disrupt the market; and (2) by designation by the Secretary of stocks of wheat acquired by the Commodity Credit Corporation. Authorizes the President to release such designated or acquired wheat reserve stocks to provide, on a donation or sale basis, emergency food assistance to developing countries at any time that the U.S. domestic wheat supply is so limited that quantities cannot be made available for disposition, except for humanitarian purposes, under the Agricultural Trade Development and Assistance Act of 1954. Provides that up to 300,000 tons of wheat may be released from the reserve in any fiscal year for use under such Act in providing urgent humanitarian relief in developing countries which suffer major disasters (as determined by the President), in circumstances of unanticipated and exceptional need when the normal means of obtaining food assistance make timely programming impossible. Directs the President to report to the appropriate congressional committees on wheat so released and its timely replenishment. Allows such wheat to be processed in the U.S. and shipped to the recipient country as wheat flour, when necessary. Requires that such wheat be made available under such Act, with specified provisions as to determinations of availability inapplicable thereto. Directs the Secretary to provide for reserve management as to location and class of wheat needed to meet emergencies, rotation to avoid spoilage and deterioration, and prompt equivalent replacement of removed quantities. Specifies that stocks of wheat shall not: (1) be considered a part of the total domestic supply (including carryover) for certain purposes; or (2) be subject to any quantitative export limitations under the Export Administration Act of 1979. Directs the Secretary to utilize the funds and authorities of the Commodity Credit Corporation in carrying out this Act, except that any restrictions applicable to the acquisition, storage, or disposition of Corporation owned or controlled commodities shall not apply to wheat for or in the reserve. Requires that the Corporation be reimbursed for actual costs under such program. Declares final any determination by the President or the Secretary under this Act. Provides that: (1) this Act shall take effect on October 1, 1980; (2) the authorities of this Act shall expire on September 30, 1983; and (3) any wheat in the reserve when such authorities expire shall be distributed under the Agricultural Trade Development and Assistance Act in fiscal year 1984 and subsequent fiscal years.
United States · United States Congress · 26 February 1980
Authorizes appropriations to carry out the purposes of the National Sea Grant College Program Act and the Sea Grant Program Improvement Act of 1976 during fiscal years 1981, 1982, and 1983.
United States · United States Congress · 26 February 1980
Amends the National Ocean Pollution Research and Development and Monitoring Planning Act of 1978 to authorize appropriations to the National Oceanic and Atmospheric Administration not to exceed $3,000,000 for fiscal year 1981.
United States · United States Congress · 26 February 1980
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize appropriations for fiscal year 1981 to carry out the provisions of such Act. Amends such Act to direct the Administrator of the Environmental Protection Agency to: (1) conduct research, training, and demonstrations for the purpose of determining means of minimizing or ending ocean dumping and developing disposal methods as alternatives to such dumping; and (2) provide for the coordination of such research among appropriate Federal, State, local, or interstate public authorities, agencies, and institutions and provide financial and other assistance to such entities. Authorizes appropriations for fiscal year 1981 for research programs authorized under such Act. Renders the designation of a marine sanctuary, or any terms included therein, by the Secretary of Commerce pursuant to such Act ineffective upon: (1) certification to the Secretary by the Governor of any State in which such designation is made that such designation or any of its terms are unacceptable to such State; or (2) adoption of a concurrent resolution by both Houses of Congress disapproving such designation or any of its terms. Sets forth terms to be included in such designations and authorizes the Secretary to issue regulations to implement such terms and control the activities permitted under such designation. Directs the Secretary to conduct research to carry out the purposes of such Act. Directs the Secretary and the Secretary of the department in which the Coast Guard is operating to conduct enforcement activities to carry out the purposes of such Act. Requires the Secretary to transmit to the Congress a marine sanctuary designation at the time of its publication. Authorizes appropriations for fiscal year 1981 for making such designations, and for research and enforcement. Adds "industrial waste" to the provision of such Act requiring the Administrator of the Environmental Protection Agency to end the dumping of sewage sludge into ocean waters, but provides that after December 31, 1981, the Administrator may issue permits for the ocean dumping of industrial waste upon determination that such proposed dumping: (1) is necessary for research purposes; (2) will have minimal adverse impact upon human health and welfare and the marine environment; or (3) will provide potential benefits outweighing any such adverse impact. States that such permits shall be effective for no more than six months. Authorizes the Administrator to impose such conditions and restrictions on permits as are necessary to minimize possible adverse impacts of such dumping. Defines "industrial waste" as any solid, semisolid, or liquid waste generated by a manufacturer or processing plant which, if dumped in the ocean, may degrade or endanger human health or welfare or the marine environment. Makes the provisions of such Act concerning foreign-state ocean-dumping permits applicable to transportation of material by an agency or instrumentality of the United States, with a proviso that the Administrator must concur in the filing of an application for such permit. States that the waters of Long Island Sound shall be considered "ocean waters" for the purposes of such Act.
United States · United States Congress · 26 February 1980
Expresses the sense of Congress that: (1) governments causing the disappearance of any person, by abduction and clandestine detention, are committing terrorist acts; (2) the President should encourage other nations to join together in calling upon the United Nations to condemn such acts, to establish effective procedures for dealing with such cases, and to demand that all governments investigate all reports of disappearances, prosecute those responsible, and account for those persons who have disappeared; and (3) the President should attempt to implement a program to be taken with respect to governments practicing such acts of terrorism.
United States · United States Congress · 20 February 1980
Emergency Unemployment Compensation Act of 1980 - Authorizes States with approved unemployment compensation laws with extended compensation provisions to enter into and participate in (and to terminate upon 30 days' written notice) agreements with the Secretary of Labor that State agencies will make emergency compensation payments. Declares eligible for such payments individuals who have exhausted all rights to regular or extended State compensation, who have no rights to State or Federal compensation, and who are not receiving Canadian compensation for any week of unemployment which begins in an emergency benefit period and the individual's eligibility period or begins in an individual's additional eligibility period. Prohibits such payments for any week of unemployment which begins more than two years after the end of the benefit year for which the individual exhausted regular compensation rights. Declares that an emergency benefit period shall: (1) begin with the third week after a week for which there is a State "emergency on" indicator (when the rate of insured unemployment in such State for such week and the immediately preceding 12 weeks equaled or exceeded five percent); and (2) end with the third week after the first week for which there is a State "emergency off" indicator (when the rate of insured unemployment in such State for such week and the immediately preceding 12 weeks is less than five percent). Requires that, in the case of any State, no emergency benefit period shall last for a period of less than 13 consecutive weeks. Requires that the amount of emergency compensation payable to any individual for any week of total unemployment be equal to the regular compensation payable during the benefit year under State law. Requires that, under such agreements, States establish an emergency compensation account for each eligible applicant, in an amount equal to the lesser of 50 percent of the total amount of regular compensation payable to such applicant's most recent benefit year or 13 times the average weekly benefit amount for such year. Requires that each State which has entered into such agreement be paid an amount equal to 100 percent of the emergency compensation paid to individuals by the State pursuant to such agreement. Directs the Secretary of the Treasury to make such payments to each State in sums certified by the Secretary of Labor. Authorizes appropriations to carry out this Act. Provides penalties for individuals involved in misrepresentation with regard to such emergency payments. Authorizes States to require individuals to repay amounts of emergency compensation to which they were not entitled, and to waive such repayments in cases where the individual was without fault and where repayment would be contrary to equity and good conscience. Authorizes States to deduct such amounts to be repaid from various types of unemployment compensation payable to such individual and administered by State agencies. Limits any single deduction to no more than 50 percent of the weekly benefit amount from which such deduction is made. Requires notice and opportunity for a fair hearing for an individual, and an appropriate review, before such deductions are made.
United States · United States Congress · 11 February 1980
Campaign Contributions Utilization Reform Act of 1980 - Permits a candidate for Federal office or a person holding Federal office to transfer contributed funds to any political party committee. Prohibits the personal use of such funds. Prohibits a person holding office from using such funds to defray office expenses.
United States · United States Congress · 5 February 1980
Expresses the sense of Congress that the Soviet Union should release Andrei Sakharov from internal exile immediately. Urges the President to: (1) protest Sakharov's exile and the continued suppression of human rights in the Soviet Union; (2) call upon other nations to join in such protests and impose sanctions against the Soviet Union; and (3) inform Helsinki signatory governments that the U.S. delegation intends to raise these violations at the 1980 Conference on Security and Cooperation in Europe review meeting.
United States · United States Congress · 30 January 1980
Vietnam Era Veterans Agent Orange Act - Establishes a presumption of service-connected disability for certain diseases arising in Vietnam-era veterans (and for birth defects in their children) exposed to agent orange.
United States · United States Congress · 28 January 1980
Fusion Energy Research, Development, and Demonstration Act of 1980 - Directs the Secretary of Energy to establish research, development, and demonstration programs involving magnetic fusion energy systems to: (1) construct and operate a fusion engineering test facility by 1986; (2) construct and operate a magnetic fusion demonstration facility before the end of this century; (3) maintain and expand the base programs for fusion energy research and the development and testing of appropriate alternative confinement technologies; (4) maintain a strong research and development program in advanced fusion fuels; and (5) ensure an uninterrupted source of scientific and engineering talent from institutions of higher learning to support such effort. Requires such programs to include a study of the potential of using fusion energy for the production of synthetic fuels and the electrification of ground transportation systems. Directs the Secretary to disseminate information promoting the practical uses of fusion energy.
United States · United States Congress · 19 December 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the Chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board: (1) to provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusivity of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. States that in the case of such a claim resolved in court, either the claimant or the attorney may challenge the award in such court within 30 days after such award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 14 December 1979
Ocean Thermal Energy Conversion Act of 1980 - Title I: Regulation of Ocean Thermal Energy Conversion Facilities and Plantships - Prohibits any person from owning, constructing, or operating an ocean thermal energy conversion facility and prohibits United States citizens from owning, constructing, or operating an ocean thermal energy conversion plantship without a license issued pursuant to this Act. Authorizes the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to issue, transfer, amend, or renew licenses for the ownership, construction, and operation of such facilities or plantships upon application and in accordance with this Act. Sets forth criteria for determining whether to issue such licenses, and directs the Administrator to prescribe any conditions deemed necessary to carry out this Act or which are required by any Federal department or agency. Directs the Administrator to establish bonding requirements or other assurances necessary to assure that upon revocation or other termination of a license, the licensee will remove all components of any such facility or plantship from the ocean and the seabed. Sets the term of such licenses at a maximum of 25 years, with a right of renewals for an additional ten years for each renewal. Directs the Administrator to issue regulations to carry out the purposes and provisions of this Act. Directs the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Secretary of the department in which the Coast Guard is operating, the Chief of Engineers of the United States Army Corps of Engineers, and the heads of other Federal departments and agencies having jurisdiction over or expertise concerning any aspect of the construction or operation of such facilities or plantships to submit to the Administrator written comments as to their expertise or statutory responsibilities with respect to this or any other Federal law. Sets forth application procedures and requirements for licenses authorized for issuance by this Act, including provisions for public notice hearings, and Federal agency review. Requires that applicants for licenses remit a fee at the time of filing such application, to be determined by the Administrator, and to be deposited in the miscellaneous receipts of the Treasury. Establishes priorities for the issuance of licenses where more than one application is submitted for the same designated application area. Establishes criminal penalties for the breaking of or injury to any submarine electric transmission cable or equipment being constructed or operated under a license issued under this Act. Requires a licensee to indemnify the owner of any vessel which sacrifices any anchor, fishing net, or other fishing gear to avoid injuring any such cable or equipment. Requires any licensee who causes any break in or injury to any submarine cable or pipeline to bear the cost of the repairs thereto. Directs the Administrator to submit applications for issuance, transfer, or renewal of any license to the Attorney General and the Federal Trade Commission for antitrust review. Directs the Administrator to designate as an "adjacent coastal State" any coastal State either directly to be connected by electric transmission cable or pipeline to an ocean thermal energy conversion facility or plantship or located within 15 miles of any such proposed facility or plantship. Authorizes the Administrator to make such designation for any other State, upon request, upon a determination that there is a risk of damage to the coastal environment or if it is likely that the thermal plume of any proposed facility or plantship would impinge on possible locations for other ocean thermal energy conversion facilities or plantships which would be connected to such State. Requires that the Administrator transmit to the Governor of any designated adjacent coastal State a complete copy of a license application and prohibits the issuance of any license for an ocean thermal energy conversion facility or plantship without the approval of the Governor of such State where such State has an approved coastal zone management program in effect pursuant to the Coastal Zone Management Act of 1972. Stipulates that failure by a State Governor to transmit his approval or disapproval within the alloted time period will result in the approval being conclusively presumed. Prohibits the Administrator from issuing such licenses for any facility or plantship unless the adjacent coastal State to which such facilities or plantship is to be directly connected has an approved coastal zone management plan in effect. Authorizes States to enter into agreements or compacts to apply for such licenses and to establish agencies for implementing such agreements or compacts. Requires the Administrator to issue regulations requiring licensees to pursue diligently such facility or plantship construction and operation and authorizes the termination of any license for failure to comply with such regulations. Directs the Administrator to initiate a program to assess the environmental effects of such facilities or plantships so as to determine whether their cumulative impact requires that a limit be placed on the number or total capacity of such facilities or plantships to be licensed under this Act. States that the issuance of such licenses is deemed to be a major Federal action significantly affecting the quality of the environment for purposes of the environmental impact statement provisions of the National Environmental Policy Act of 1969. Authorizes the preparation of a consolidated environmental impact statement by the Administrator and other involved Federal agencies and departments. Directs the Secretary of the Department in which the Coast Guard is operating to issue regulations and enforce procedures concerning any ocean thermal energy conversion facility or plantship, including rules on vessel movement, transfer of materials between facilities and plantships and transport vessels, designation of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required to prevent pollution of and other adverse impacts on the marine environment and to clean up any pollutants which may be discharged. Directs the Secretary to designate a zone of appropriate size around and including any ocean thermal energy conversion facility or plantship for the purpose of navigational safety, and to establish safety zones during the period of construction of such facilities or plantships. States that for the purposes of the vessel inspection laws, such facilities and plantships shall be deemed to be vessels. Requires that licenses include such conditions as necessary to ensure that construction and operation of such facilities and plantships do not interfere with navigation, fishing, energy production, scientific research, or other uses of the high seas, including the operation of other ocean thermal energy conversion plantships and facilities. Authorizes the inspection and monitoring of licensees' activities, and sets forth procedures thereon. Sets forth provisions for the suspension, revocation, and termination of licenses for failure to comply with provisions of this Act or applicable rules or conditions issued or imposed by the Administrator under the authority of this Act. Includes provisions for the immediate suspension of facility or plantship construction or operation upon a determination by the Administrator that such action is necessary to protect public health and safety or to eliminate dangers to the environment, or upon a determination by the President that such suspension is necessary to avoid a conflict with any international obligation of the United States established by treaty or convention. Sets forth provisions concerning recordkeeping, reports, and public access to information. Authorizes licensees to relinquish to the Administrator any right to conduct construction or operation of such a facility or plantship, but stipulates that such relinquishment shall not relieve the licensee of any obligation or liability established by this Act. Authorizes civil actions by any person having a valid legal interest which is or may be adversely affected by actions of licensees or by the failure of the Administrator to comply with the requirements of this Act. Authorizes judicial review of any decision of the Administrator concerning a license. Title II: Maritime Financing for Ocean Thermal Energy Conversion - States that for the purposes of the Merchant Marine Act: (1) any ocean thermal energy conversion facility or plantship licensed under this Act, and any vessel providing shipping service to or from such facilities or plantships, shall be deemed to be a vessel operated in the foreign or domestic commerce of the United States; and (2) any vessel documented under the laws of the United States and providing such service shall be deemed to be used in, and used in an essential service in, the foreign commerce or foreign trade of the United States. Amends the Federal Ship Mortgage Insurance provisions of the Merchant Marine Act, 1936, to include such facilities and plantships in the definition of "vessel" and to add a definition of "ocean thermal energy conversion facility or plantship." Amends such provisions to authorize the Secretary of Commerce to guarantee, or make a commitment to guarantee, payment of the principal of and interest on an obligation which aids in financing a vessel designed for use as an ocean thermal energy conversion facility or plantship. Increases the aggregate principal amount which may be guaranteed with respect to such facilities or plantships constructed without the aid of construction-differential subsidy. Increases the aggregate unpaid principal amount of obligations guaranteed under such Act to $12,000,000,000, and requires that $2,000,000,000 of such amount be limited to obligations pertaining to demonstration ocean thermal energy conversion facilities or plantships guaranteed under such Act. Establishes the OTEC Fund as a special sub-account of the Federal Ship Financing Fund, to be used for obligation guarantees authorized by such Act which do not otherwise qualify under other sections thereof. Limits to five the number of ocean thermal energy conversion facilities or plantships which may obtain obligation guarantees. Title III Enforcement - Provides for the enforcement of provisions of this Act and rules or orders issued thereunder and lists prohibited acts. Authorizes the Administrator to issue compliance orders to any person for violation of specified provisions of this Act and to request the Attorney General to commence civil action for relief or civil penalties for any violation for which the Administrator is authorized to issue such compliance orders. Establishes civil and criminal penalties for such violations as specified. Title IV: Miscellaneous Provisions - Directs the Administrator to issue amendments to any regulations issued under this Act to conform such regulations to any treaty ratified by the United States as a result of any United Nations Conference on the Law of the Sea. Exempts from the provisions of this Act any ocean thermal energy conversion facility or plantship designated by the Secretary of Energy as a demonstration project. Sets forth provisions concerning the relationship of other laws to the facilities and plantships authorized for construction and operation under this Act, including a provision that the law of the nearest adjacent coastal State to which such a licensed facility is connected by electric transmission cable or pipeline is declared to be the law of the United States. Directs the Administrator to establish standards and regulations for the safe construction and operation of submarine electric transmission cables and equipment over which the United States has jurisdiction. Directs the Administrator to submit to Congress an annual report on the administration of this Act.
United States · United States Congress · 11 December 1979
Special Central American Assistance Act of 1979 - Amends the Foreign Assistance Act of 1961 to authorize appropriations for economic assistance to Nicaragua and other countries in Central America. Requires the President to consider the Government of Nicaragua's observance of specified human rights when furnishing such assistance. Directs the Secretary of State to report semi-annually to Congress on the degree of observance of human rights in such country. Directs the President to terminate assistance if Nicaragua: (1) aids or abets any terrorist organization; or (2) harbors any foreign combat military forces which pose a threat to the security of the United States or any of its Latin American allies. Sets forth conditions for funds for: (1) the National School of Agriculture in Nicaragua; and (2) loans for private sector assistance.
United States · United States Congress · 3 December 1979
Small Business Export Expansion Act of 1979 - Title I: Small Business Export Expansion Assistance - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make grants to qualified applicants to encourage the development and implementation of a small business international marketing program. Stipulates that not more than one-third of such grants be used for the purpose of hiring personnel. Sets forth eligibility requirements for applicants. Requires each small business international marketing program to: (1) have a full-time staff director to manage program activities; (2) have access to export specialists to counsel and assist small business clients; and (3) establish an advisory board of nine members appointed by the Governor of the State in which the applicant is located. Sets forth operational procedures for such advisory board. Directs the SBA to maintain a central clearinghouse for the collection, dissemination, and exchange of information between small business international marketing programs. Authorizes appropriations through fiscal year 1982 for such programs. Title II: Export Promotion Centers - Directs the Administrator of SBA, after consultation with specified agencies, to establish an Export Promotion Center in each regional office of the Department of Commerce. Requires the Export-Import Bank of the United States, the Internal Revenue Service, the Overseas Private Investment Corporation, and the SBA to each designate at least one full-time employee to serve as the agency representative in each Center. Directs the Administrator to report to the Senate Select Committee on Small Business and the House Small Business Committee on the progress made in imprementing this title, not later than six months after enactment of this Act. Directs the Administration to establish a plan for the evaluation of the international marketing program to be submitted annually to the appropriate congressional committees. Title III: Small Business Export Financing Assistance - Authorizes the Administration to make loans to small businesses for export purposes of 90 percent of the balance of such loans outstanding at the time of disbursement. Title IV: Small Business Investment Companies - Amends the Small Business Investment Act of 1958 to authorize the Administration to make commitments, by contract, to guarantee qualifying investments by small business investment companies licensed pursuant to this Act. Limits such contracts to specified aggregate amounts of guarantee eligibility. Provides that such guarantees be granted with respect to initial and subsequent (to the effective date of this Act) investments made in eligible small business concerns, and shall not exceed 50 percent of each net investment loss. Directs that such guarantees be granted to such concerns which are or will be engaged in continuous export business operations, giving preference to new-to-export small businesses. Sets forth requirements for qualifying investments and terms and conditions under which the Administration may void or suspend any such contractual commitments.
United States · United States Congress · 28 November 1979
Establishes the Barrier Islands National Parks. Authorizes the Secretary of the Interior to acquire lands and interests in land within the boundaries of the barrier islands units by donation, purchase with donated or appropriated funds, or exchange, except that in the case of developed land, the Secretary may acquire such land only with the consent of the owner thereof, or following a determination by the Secretary that an actual or proposed change in the use of such land after the date of enactment of this Act would impair the quality of the unit. Withdraws lands within the barrier islands units from entry or appropriation under the mining laws of the United States and from the operation of the mineral leasing laws. Prohibits any Federal financial assistance from being made available under any authority of Federal law, and no Federal license, permit, or other form of approval may be issued by any Federal agency for: (1) the construction of any structure, road, or facility of any type on any barrier island unit of the Atlantic or gulf coast of the United States; (2) any road, airport, boat landing facility, or other facility to be used for providing access to any such barrier island contrary to the purposes of this Act; and (3) any project to prevent the erosion of, or to otherwise stabilize, any shoreline or inshore area of such a barrier island.
United States · United States Congress · 16 November 1979
Amends the Uniform Time Act of 1966 to extend the period of daylight saving time from the first Sunday of March to the first Sunday of November. Directs the Secretary of Transportation to study the effects of such extension upon: (1) the use of energy; (2) the incidence of crime; and (3) traffic safety. Directs the Secretary to submit to Congress an interim and a final report on the results of such study.
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 · 8 November 1979
Infant Formula Act of 1979 - Amends the Federal Food, Drug, and Cosmetic Act to set forth requirements for infant formulas. States that formulas which do not conform to such requirements shall be deemed to adulterated. Requires each manufacturer of an infant formula to annually submit to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education and Welfare) reports or test results which show that the formula meets such requirements. Directs the Secretary to notify the manufacturer if such Secretary determines the formula is adulterated. Requires such manufacturer to give the Secretary satisfactory assurances of initiating a recall to all retail purchasers of such formula within 48 hours of receiving notification of the Secretary's determination. Directs the Secretary to initiate actions for the seizure of such formula should the manufacturer fail to make such assurances. Permits an inspector enforcing the provisions of this Act access to specified test records of the manufacturer at all times. Makes the failure to submit required reports and test results a prohibited act under the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 7 November 1979
Elderly and Disabled Heating Relief Act of 1979 - Amends the Internal Revenue Code to allow suppliers of home heating fuel a refundable income tax credit for fuel discounts granted by such suppliers to low-income elderly and disabled individuals. Establishes the allowable amount of the heating fuel discount at 25 percent of the going consumer price for like quantities of such fuel. Specifies that the tax benefits granted by this Act shall only be available in areas in which historic weather patterns and energy costs necessitate the extension of assistance to individuals who cannot afford increased energy expenses. Directs the Secretary of Health and Human Services (formerly the Secretary of Health, Education, and Welfare) to consult with various Federal and State officials in disseminating information with respect to eligibility for the tax benefits conferred by this Act.
United States · United States Congress · 2 November 1979
Ocean Thermal Energy Conversion Research and Development Act - Directs the Secretary of Energy to prepare a comprehensive plan and program of research, development, and demonstration of ocean thermal energy conversion systems. Directs the Secretary to prepare a comprehensive technology application plan designed to realize the goal of producing 10,000 megawatts of electrical capacity or energy product equivalent from ocean thermal energy conversion systems by the year 1999. Sets forth criteria for the selection of programs and the establishment of priorities concerning ocean thermal energy conversion systems. Establishes an Ocean Thermal Energy Conversion Advisory Committee to study and advise the Secretary on the implementation and conduct of the programs established under this Act and on other matters concerning ocean thermal energy conversion. Directs the Secretary to submit to Congress an annual report on the activities undertaken pursuant to this Act. Authorizes appropriations for plant and capital equipment for specified ocean thermal energy conversion demonstration plants.
United States · United States Congress · 24 October 1979
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish disaster relief to alleviate the famine in Cambodia through international agencies to the extent feasible. Stipulates that priority be given to furnishing agricultural commodities under the Agricultural Trade Development and Assistance Act of 1954.
United States · United States Congress · 19 October 1979
Title I: Findings, Purposes, and Definitions - Declares that the purpose of this Act is to provide for a coordinated, simplified, and prompt process for obtaining Federal, State, and local approval of nonnuclear energy facilities which are determined to be in the national interest. Title II: Priority Projects - Authorizes the President to establish an Energy Mobilization Board to be composed of members appointed by the President. Sets forth the general duties and powers of such Board, including the subpoena power. Directs the Board to keep the Senate Committee on Energy and Natural Resources and the House Committees on Interior and Insular Affairs and on Interstate and Foreign Commerce fully and currently informed concerning its activities, including the submission of an annual report. Stipulates that projects related to the production of nuclear energy or approved under the Public Utility Regulatory Policies of 1978 be excluded from coverage under this Act. Directs the Board to designate Priority Energy Projects and to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Directs the Board to provide the appropriate committees with a copy of such designation orders. Sets forth the criteria the Board must consider in making such designations, including: (1) the extent to which the energy project would reduce the Nation's dependence upon nonrenewable resources; (2) the magnitude of any economic and social impacts and costs associated with the project in relation to the impacts and costs of alternatives; (3) the extent to which the project would make use of renewable energy resources, or conserve energy; (4) the extent to which the project would contribute to the development of new production or conservation technologies and techniques; (5) adverse impacts on the environment and on competition; and other specified criteria. Directs the Board to notify the Governor of each State in which any portion of a project designated as a Priority Energy Project is proposed to be located. Permits such Governor to appoint a non-voting Member to the Board to participate in decisions concerning such project, including the Project Decision Schedule. Exempts priority energy project designations or refusals to make a designation, promulgation or revision of Project Decision Schedules, and Board actions relating to streamlining of procedures, from the impact statement requirements of the National Environmental Policy Act of 1969 (NEPA). Directs the Council on Environmental Quality to determine whether any Federal action relating to a Priority Energy Project, after it has been so designated and prior to establishing the Project Schedule, will be a "major Federal action" for purposes of compliance with the National Environmental Policy Act (NEPA). Requires the Council to designate a lead agency to assure compliance with NEPA whenever a major Federal action is involved. Authorizes the Board to require that one environmental impact statement be prepared and that such statement be used by all Federal agencies to satisfy NEPA with respect to such projects. Authorizes the Board to extend the time for certain deadlines. Requires each agency having authority to make any agency decision with respect to any part of a project designated as a Priority Energy Project to transmit to the Board: (1) a compilation of all significant actions required to be taken by such agency and by the applicant before such decision can be made and a summary of procedural requirements applicable to such actions; (2) a tentative schedule for completing such actions and making such decisions; and (3) a statement of administrative requirements to take such actions. Directs the Board to publish a Project Decision Schedule within 45 days of the transmittal of agency information. Stipulates that such schedule: (1) identify the order in which decisions which must be made by each agency are to be made; (2) identify the deadlines applicable to such decisions; (3) be consistent with the tentative schedules transmitted to the Board, unless the Board determines a different schedule is essential to expedite and coordinate agency review; and (4) be binding on the agency and on all other persons to which the Schedule applies. Permits the Board to modify any schedule applicable to any agency's decision or action subject to the Project Decision Schedule upon petition of such agency where the agency determines such modification will facilitate agency compliance with the Schedule. Permits affected agencies to consolidate proceedings related to actions and decisions subject to the Project Decision Schedule, if such streamlined procedures provide for effective participation by interested parties in such decisionmaking. Directs the Board to monitor compliance with the Schedule by all affected agencies and persons. Permits the Board to take such actions as it deems appropriate to bring any person or agency responsible for a project delay into compliance with the Schedule. Directs the Board, when any person responsible for filing or taking any other action on behalf of a Project refuses to take such action, to either revise such Project Decision Schedule or revoke the Priority Energy Project designation. Stipulates that, unless otherwise provided for, the other statutory obligations and authority of any independent regulatory agency remain unaffected by this Act. Authorizes the Board to bring an expedited enforcement action against any agency failing to or reasonably likely to fail to comply with a Project Decision Schedule in the appropriate United States district court. Directs such court to issue specified orders requiring compliance with such Schedule and to take any necessary measures, including citation and punishment of the responsible officials for contempt of court, for failure to meet any court-imposed deadlines. Authorizes the President to perform any action or make any decision required of an agency by court order in the event such agency fails to perform such action or make such decision. Authorizes the Board to order the temporary suspension of the application of any requirement of Federal, State, or local law enacted or promulgated after the commencement of construction of any facility which is part of a Priority Project where it is determined that such requirement could prevent timely completion or operation of such facility and that such temporary suspension would not create any significant public health or safety risks. Sets forth time limits on such suspension orders and exempts specified requirements from being suspended. Stipulates that nothing in this Act shall expand or confer on the United States any right to acquire water rights nor alter any provisions of State law or interstate compact governing water use. States that Board action granting or denying designation orders or suspending Federal, State, or local requirements of law shall be subject to judicial review only for failure to comply with this Act or for constitutional violations. Provides for judicial review of other Board actions as specified. Requires that any reviewing court expedite and consolidate such review to the maximum extent practicable. Requires that any party seeking Supreme Court review of any judgment or order of a circuit court of appeals pursuant to this Act must file a petition for a writ of certiorari within 60 days of the decision of the lower court or such appeal shall be barred. Sets a 60-day time limit for the promulgation of regulations for carrying out this Act. Terminates the Board's authority seven years after the date of enactment of this Act. Directs the Board to prepare and submit to the President and the Congress a comprehensive report of its activities during such period. Directs the Comptroller General of the United States to submit to the Congress a report evaluating the performance of the Board and setting forth findings and recommendations with respect to the program authorized under this Act. Authorizes appropriations for fiscal year 1980 and succeeding fiscal years to carry out this Act.
United States · United States Congress · 19 October 1979
Expresses the sense of Congress that the Soviet Union should release Ida Nudel and allow her to emigrate to Israel. Urges the President to: (1) express U.S. opposition to the exile of Ida Nudel to Siberia; and (2) inform the Soviet Union that the United States will take into account the extent to which countries honor their commitments under international law, particularly concerning human rights.
United States · United States Congress · 18 October 1979
Disapproves the deferral of budget authority for fiscal year 1980 for promoting and developing fishery products (Deferral Numbered D 80-7) as transmitted by the President to the Congress on October 5, 1979, pursuant to the Impoundment Control Act of 1974.
United States · United States Congress · 12 October 1979
Fisheries Development Act of 1979 - Title I: Amendments to the Fishery Conservation and Management Act of 1976 - Amends the Fishery Conservation and Management Act of 1976 to require any preliminary or final fishery management plan prepared by the Secretary of Commerce or a Regional Fishery Management Council, respectively, to designate any underutilized fishery as a harvester underutilized fishery, a processor underutilized fishery, or both. Defines such an underutilized fishery as a fishery in which the capacity of United States vessels or food processors to harvest or process fish is below the normal range of fluctuation of the optimum yield of such fishery. Directs the Secretary, in consultation with the Council concerned: (1) to prepare and establish by regulation development plans for the underutilized fisheries which the Secretary determines have the most potential for commercial development; and (2) to designate such fisheries as "priority development fisheries." Authorizes the Secretary to make grants and enter into contracts with qualified persons to carry out an activity under such a plan. Prescribes terms, conditions, and limitations of such grants and contracts. Authorizes appropriations for carrying out this title. Title II: Amendments to the Merchant Marine Act, 1936 - Extends provisions of the Merchant Marine Act of 1936 which govern a capital construction fund for vessels built in the United States to govern such a fund for fishing vessels built in, and fishing facilities located in, a Commonwealth, territory, possession, or State of the United States. Authorizes the Secretary: (1) to guarantee the payment of obligations for financing or refinancing the construction, reconstruction, or reconditioning of fishery facilities capable of being used for priority development fisheries; and (2) to apply an economic soundness test with respect to guarantees of obligations for fishing vessels or facilities designed for use in such priority fisheries which is less stringent than the test applicable to other obligation guarantees under such Act. Directs the Secretary to establish within the Federal Ship Financing Fund three subfunds to contain moneys for obligation guarantees for: (1) fishing vessels and facilities meeting the more stringent test; (2) high risk fishing vessels and facilities meeting the less stringent test; and (3) vessels other than fishing vessels. Amends the Fish and Wildlife Act of 1956 to abolish the loan program for commercial fishing vessels and year. Transfers the funds of such program to the high risk subfund in the Federal Ship Financing Fund. Title III: Miscellaneous Provisions - Amends the Saltonstall-Kennedy Act to require the Secretary to use a portion of the duties collected on fishery products and transferred to the Secretary under such Act for carrying out the development plans for priority development fisheries.
United States · United States Congress · 9 October 1979
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish disaster relief to alleviate the famine in Cambodia, through international agencies to the extent feasible. Stipulates that such assistance shall be for humanitarian purposes and limited to the civilian population.
United States · United States Congress · 28 September 1979
National Historic Preservation Amendments of 1979 - Amends the Act known as the "National Historic Preservation Act of 1966" to officially entitle such Act the "National Historic Preservation Act." Declares under such Act, that it is the duty of the Federal Government, in cooperation with other nations, the States, local communities, and private organizations and individuals, to promote the preservation and conservation of the historic, architectural, archaeological, and cultural resources of the United States and of the international community of Nations. Declares that the Federal Government shall give priority to preservation activities for the revitalization of urban areas, the conservation of agricultural areas, the creation of local employment opportunities, and the conservation of energy. Directs the Administrator for Historic Preservation appointed pursuant to this Act to establish and maintain a National Register of Historic Places at the national, State, or local level in accordance with procedures set forth in this Act. Requires that such properties shall: (1) be of national or world heritage significance; (2) involve a direct or indirect public investment; and (3) be legally dedicated to preservation. Directs the Administrator, not later than one year after his initial appointment, to establish an Inventory of Historic Resources on a State-by-State basis. Declares that those properties which are determined to meet the criteria of significance, but which lack the other requirements for inclusion in the National Register, shall be designated as eligible for inclusion on the Register. Makes such Inventory available to all Federal, State, and local government departments, agencies, and instrumentalities. Requires the Administrator to promulgate regulations concerning nondisclosure to the public of any property location where such disclosure would be likely to endanger the property. States that properties included in such inventory and designated as eligible properties shall be treated as certified historic structures under provisions of the Internal Revenue Code, unless the Administrator finds that such treatment would not further the purposes of this Act. Declares that such properties shall be entitled to financial assistance in accordance with provisions of such Act. Directs the Administrator to review, during the one-year period following enactment of this Act, all properties included in the National Register under prior authority of law. Requires the Administrator to include each property designated as "National Historic Landmarks" under prior authority and each property which meets the requirements of this Act in the National Register. Provides that those properties included in the Register under prior authority, but which do not meet all the requirements under this Act shall be designated in the Inventory as "eligible properties." Allows any State or local government carrying out an approved program under this Act or any Federal agency to nominate a property for inclusion in the Register or for inclusion in the Inventory as an eligible property. Requires such information to be included in the Register, as appropriate, unless the Administrator disapproves such nomination within 30 days of its receipt. Allows the Administrator to accept a nomination from any person, if the property nominated is located in a State or political subdivision where there is no approved program. Requires the Administrator to determine the eligibility or inclusion of such property in the Register. Allows the Administrator on his own motion or at the request of any person, to include any property on the Inventory and designate such property as eligible if he determines such property to meet the requirements of this Act. Declares that a property shall be considered of national significance when: (1) the Congress so designates a property; (2) a property is included in the National Park System as a historical unit; or (3) the Administrator determines the property to be of national significance. States that a property shall be considered to be of World Heritage significance when it is included in the World Heritage list maintained in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage. Declares that a property shall be considered a public investment if government agency fund expenditures directly or indirectly contribute substantially to the preservation of such property, or if a Federal income tax deduction or similar State or local measure is taken with respect to the amortization of amounts spent for rehabilitation of a certified historic structure. Provides that a property shall be treated as legally dedicated to preservation when: (1) an easement, or other property interest, requiring preservation of significant features of such property for not less than 30 years is held by any person or government entity or is otherwise legally binding on the owner; (2) such property is under public ownership and managed for preservation; or (3) any State or local law provides for the designation or preservation of such property. Requires the Administrator to promulgate regulations to carry out the purposes of this Act. Directs the Administrator to establish and administer grant-in-aid programs to States and the National Trust for Historic Preservation, and programs of direct grants, loans or loan guarantees for historic preservation. Authorizes the Administrator to make grants to States, upon application, for programs approved under this Act. Prohibits such grants from paying more than 50 percent of the costs of such programs. Provides that the remaining 50 percent shall be contributed by non-Federal sources, and of such percentage not more than 25 percent may be contributed in the form of property or services, or both. Requires the Administrator, upon approval of such programs, to evaluate such programs every four years to determine whether or not such programs are in compliance with the requirements of this Act. Requires the Administrator to conduct periodic fiscal audits of the recipients of Federal grants. States that State and local governments may assume the responsibility for financial and compliance audits of Federal grants received by them and other persons or organizations and their subgrantees. Declares that the Federal Government shall be responsible for audits which deal with economy, efficiency, and program results and for assuring that such financial and compliance audits are conducted under generally accepted audit standards. Directs State and local governments receiving grants to set forth in writing criteria by which they judge whether they are meeting program requirements, to be available for use by the auditors. Directs the Administrator to reimburse State and local governments for actual expenses incurred in conducting such audits. Sets forth the following requirements for approval of State programs: (1) designation by the Governor of a State historic preservation officer; (2) transfer of not less than 50 percent of the grants received to political subdivisions of the State having preservation programs; (3) provision of financial mechanisms for the development of properties on the National Register or in the Inventory of Historic Resources; (4) provision of mechanisms for the acquisition, acceptance of donations, and dedication of fee title in applicable properties; (5) provisions for relocation assistance to persons or businesses affected within the historic district; (6) giving priority to projects that will conserve energy, are labor intensive, or will further urban revitalization or agricultural conservation; (7) provision of a professional acceptable mechanism for the identification, evaluation, and protection of historic properties within the State; and (8) otherwise carrying out the purposes of this Act. Sets forth restrictions for grants made under this Act for the improvement of properties. Prohibits grants made under this Act for the improvement of properties. Prohibits grants made for any single property to exceed $50,000. Prohibits any grant to any State in any fiscal year to exceed ten percent of such funds to carry out a comprehensive statewide survey of historic resources. Requires that no more than 15 percent of such grant be used for improvement of government buildings used for governmental purposes. Sets forth procedures for the allocation by States of grants to political subdivisions. Allows the Administrator to allocate funds to any political subdivision of any State that does not have an approved program within two years after the date of enactment of this Act. Sets forth procedures for approval of State historic preservation programs in effect under prior authority of law. Sets forth conditions for grants and loans that may be made by the Administrator for: (1) the preservation of properties of national or world heritage significance; (2) demonstration projects to preserve any eligible property or property on the National Register; (3) the training and development of skilled labor in trades and crafts and in curation relating to historic preservation; and (4) Indian tribes for the preservation of historic properties. Provides that any such loans made by the Administrator shall be at an interest rate determined by the Secretary of the Treasury guided by applicable provisions of this Act. Authorizes the Administrator to make loan guarantees for any project approved by the State historic preservation officer, or the chief elected official of any State that does not have an approved program. Sets forth conditions for loans and loan guarantees made by the Administrator in consultation with the Secretary of Treasury. Authorizes the Administrator to deem any portion of any record, material, or data received in connection with any financial application as privileged or confidential within the meaning of applicable law. Establishes as an independent agency a Historic Preservation Agency to be under the direction of the Administrator for Historic Preservation, appointed by the President by and with the advice and consent of the Senate. Directs the President to establish an Advisory Council on Historic Preservation to be composed of the following members: (1) the Secretary of the Interior and the Architect of the Capitol; (2) four agency heads (other than the Department of the Interior) whose activities affect historic preservation; (3) representatives of the National Conference of State Historic Preservation Officers, the National Trust for Historic Preservation, and four professionals in the fields of history, architecture, archeology, urban planning, or related disciplines; (4) three State governors or mayors; and (5) three at large members of the general public. Sets forth requirements and procedures to be followed in the operation of the Council. Authorizes the Council to conduct hearings and make determinations and recommendations with respect to the protection of historic properties. Requires the Council, when transmitting legislative recommendations, testimony, or comments on legislation to the President or the Office of Management and Budget, to concurrently transmit such copies thereof to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Sets forth the duties of the Administrator including: (1) advising the President and the Congress on matters relating to historic preservation; (2) encouraging public interest and participation in historic preservation; (3) conducting studies relating to historic preservation and the effects of tax policies on such preservation; (4) assisting State and local governments in drafting appropriate legislation; (5) providing training and education in the field of historic preservation; and (6) maintaining the historic register, surveys, and records of the agency. Requires the Administrator to submit an annual comprehensive report of his activities and the results of his studies to the President and the Congress. Authorizes the Administrator to accept donations and bequests of money and real and personal property, and to use such donations in accordance with provisions of this Act. Directs the Administrator, consistent with the provisions of this Act, to institute a program of education and training relating to historic preservation for Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations connected with the World Heritage Convention. Directs the Administrator to increase the awareness of historic resources and preservation among the student population of the United States, to develop mechanisms to give the public a greater knowledge of historic resources in the cultural heritage of the United States, and to establish a program for training and development of skilled labor in trades and crafts relating to historic preservation. Requires the Administrator to review the policies and programs of Federal agencies whose activities are under the purview of this Act. Directs the Administrator to promulgate guidelines relative to archaeological and historical data for Federal agencies consistent with provisions of this Act. Directs the Administrator, within one year after his appointment, to establish, jointly with the Secretaries of the Interior, Agriculture, and Defense, and the Administrator of the General Services Administration, standards for the management and preservation of federally owned historic properties. Directs the Administrator to review and approve the plans of transferees of surplus federally owned properties eligible for or on the National Register to ensure historic preservation in the rehabilitation of such properties. Requires all Federal agencies administering any program of Federal assistance to any State or local government or under which any Federal approval is required to coordinate such program with the purposes of this Act. Requires such agencies to submit proposals to the Administrator, within 180 days after his appointment, relative to their preservation activities. Directs the Administrator to designate National Historic Landmarks and World Heritage properties and to submit such designations to the appropriate World Heritage properties and to submit such designations to the appropriate congressional committees 30 days after such designations become effective. Directs the Administrator to encourage and coordinate United States participation in the Convention Concerning the Protection of the World Cultural and Natural Heritage and other international historic preservation activities in cooperation with the Secretaries of the Interior and State, and the Smithsonian Institution. Requires the Administrator to establish a program to nominate historic properties to the World Heritage Committee on behalf of the United States. Requires such nominations to be submitted to the appropriate congressional committees 60 days prior to the intended action. Authorizes the participation of the United States as a member of the International Centre for the Study of the Preservation and Restoration of Cultural Property. Authorizes the appropriation of the sums necessary for United States membership in the Centre for fiscal years 1979 through 1989. Directs the Administrator to establish a program to encourage tourism by people of other nations to historic properties of the United States, reflecting the diverse, ethnic and cultural heritages of the citizens of the United States. Requires each Federal agency to notify the Administrator 45 days prior to any undertaking outside the United States that may affect a property on the World Heritage list or which has been nominated for inclusion on such list. Requires the head of each Federal agency to designate a Preservation Officer responsible for coordinating the agency's activities under this Act. Requires each agency having jurisdiction or control over properties on the National Register to submit property management plans to the Administrator for comment within one year after the date of enactment of this Act. Directs the Secretary of the Interior to study and investigate properties included in the National Register which are under the jurisdiction or control of Federal agencies. Authorizes the Secretary to recommend to the President the transfer of administrative jurisdiction or control of such properties to him as a unit of the National Park System. Requires such recommendation to be concurrently submitted to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Authorizes the Secretary, upon the concurrence of the Administrator, to accept gifts or donations of less than fee interests in any properties in the National Register, where such acceptance will facilitate the preservation of such property. Authorizes each Federal agency having authority for management of any real property, with the concurrence of the Administrator, to lease or exchange with any person or organization the management of properties on the National Register. Requires the proceeds of such leases to be retained by the agency to defray the expenses with respect to such properties, and the surplus proceeds to be deposited in the United States Treasury. Allows the heads of such agencies to enter into contracts for the management of such properties. Directs all Federal agencies to cooperate with purchasers and transferees of eligible property or property included in the National Register in the development of plans for uses of such property comparable with preservation and conservation objectives without imposing unreasonable economic burdens on public or private interests. Requires each Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State to survey the affected area to determine the effect of such undertaking on the protection of historic properties. Authorizes the Administrator to promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from the requirements of this Act. Authorizes all Federal agencies to expend appropriated funds for purposes of this Act. Requires each Federal agency to provide the Administrator a 45-day comment period with respect to any program or policy that may affect historic properties. Defines terms used in this Act. Establishes a Historic Preservation Fund in the Treasury of the United States to be funded from revenues payable to the United States under the Outer Continental Shelf Lands Act or the Act of June 4, 1920, or both. States that not less than two-thirds of appropriated funds shall be available for other grants or loans and for the Administrator to carry out his duties under this Act. Directs the Administrator to establish regulations to insure maximum public participation in all activities of the Administrator, the Council, other Federal agencies, States, and units of local governments in carrying out requirements under this Act. Declares that grants made under this Act may not be used to satisfy requirements of other provisions of law requiring matching by State or local funds nor shall they be treated as taxable income for purposes of the Internal Revenue Code of 1954. Grants attorney fees to any person who prevails in any civil action brought in any United States district court against any Federal agency to enforce the requirement relating to the protection of historic properties in connection with the action of a Federal agency. Authorizes the Administrator to establish an annual preservation awards program under which he makes awards to Federal, State, or local government officers or employees in recognition of their outstanding contributions to the preservation of historic resources. Allows the President to award any citizen of the United States recommended for such award by the Administrator. Directs the Administrator to promulgate regulations for carrying out the awards program. Authorizes the Administrator to delegate to any State having an approved program under this Act the authority to carry out responsibilities under the National Environmental Policy Act of 1969 with respect to such approved program. Transfers the provisions of various Acts relating to historic preservation responsibilities from the Secretary of the Interior to the Administrator for Historic Preservation. Authorizes the Administrator to issue an order to postpone for 60 days any action undertaken, or being undertaken, by any Federal agency, or agency or instrumentality of a State or local government, or by any other person if such action may adversely affect any property included in the National Register. Directs the Administrator, during the period, to endeavor to develop an acceptable preservation plan for the affected property, or to exercise his emergency acquisition authority provided under this Act. Provides procedures for the assessment of civil penalties for violations of such orders, and for judicial review in the United States District Court for the District of Columbia or any other district in which such person resides. Provides procedures for administrative hearings for the assessment of civil penalties. Establishes the Pension Building in Washington, District of Columbia, as a national historic site to be named the "National Center for the Building Arts." Requires the Administrator of the General Services Administration to transfer such building and lands to the jurisdiction of the Secretary of the Interior. Directs the Secretary to administer the management of the Center in accordance with provisions of this Act and other Acts generally applicable to units of the National Park System. Authorizes the Secretary to enter into contracts with the National Building Arts Foundation relating to management of such Center. Appropriates $15,000,000 to be used for the renovation of the Center. Establishes a National Building Arts Foundation and specifies programs it shall carry out relating to the building arts. Directs the Foundation to coordinate its activities with other public and private organizations and individuals in order to avoid duplication of efforts relating to the functions of the Foundation. Establishes a Board of Trustees of the Foundation and provides for the funding of the Foundation. Directs the General Accounting Office to review and audit regularly the accounts of the Foundation to determine the ability of the Foundation to pay for the functions of the Center. Requires the Foundation to submit annually a report to the appropriate congressional committees containing a statement of its activities pursuant to this Act and a proposal for its programs during the succeeding four years. Provides emergency acquisition procedures for the Administrator for any properties eligible for or in the National Register where such properties are threatened with demolition or impairment. Directs the Administrator, in consultation with the American Folklife Center of the Library of Congress and the Buildings Arts Foundation, to report within two years after the date of enactment of this Act, to the President and the Congress on preserving and conserving the intangible elements of our cultural heritage. Requires the report to include recommendations for legislative and administrative action by the Federal Government relating to such heritage. Directs the Administrator for the Historic Preservation Agency to submit the following reports: (1) to the President and the Congress within eight years on the operation of the Historic Preservation Fund; (2) to the Congress within 90 days of his appointment on his study of the Pennsylvania Avenue Development Corporation; (3) to the President and Congress within one year of his appointment on recommendations with respect to Federal tax laws relating to historic preservation; and (4) to the President and the Congress within two years of enactment of this Act on recommmendations for the creation of a National System of Cultural Parks. Amends the Pennsylvania Development Corporation Act to require any historic property demolition, or other rehabilitation, to be in accordance with applicable Federal and District of Columbia laws.
United States · United States Congress · 28 September 1979
Elementary School Guidance and Counseling Incentive Act of 1979 - Authorizes appropriations for fiscal years 1981 through 1985 for State allotments for comprehensive elementary school guidance and counseling programs, supplemental grants to States for elementary school guidance and counseling, and grants for demonstration and evaluation programs. Provides formulas for such State allotments, based on the population of elementary school children, with minimum required amounts. Directs the Commissioner of Education to administer State allotments and State plans through the Office of Guidance and Counseling of the Department of Health, Education, and Welfare. Requires that each State, to be eligible for such allotments, submit to the Commissioner a State plan for providing comprehensive elementary school guidance and counseling programs for a five-year period, with necessary annual revisions, which meets such criteria as the Commissioner may by regulation prescribe. Sets forth required provisions of such plans and programs. Provides for appeal by a State of a final action of the Commissioner to a circuit court of appeals. Authorizes the Commissioner, through the Office of Guidance and Counseling, to make grants to States with approved plans for distribution to local educational agencies and for support of States with approved plans for distribution to local educational agencies and for support of State agency leadership activities on the basis of statewide needs and priorities in elementary school guidance and counseling. Sets forth approved uses of such grants. Directs the Commissioner, through the Office of Guidance and Counseling, to carry out a program of demonstration and evaluation relating to elementary school guidance and counseling. Sets forth approved types of demonstration and evaluation projects. Requires the Office of Guidance and Counseling to collect, analyze, prepare, and disseminate information related to the provision of guidance and counseling services to elementary school-age children. Requires specified State and local educational agencies to designate supervisors of elementary guidance services or programs.
United States · United States Congress · 27 September 1979
Maritime Education and Training Act of 1979 - Amends the Merchant Marine Act of 1936 to integrate existing provisions of Federal law concerning maritime education and training by the United States Merchant Marine Academy (Academy), State maritime colleges, and civilian nautical schools. Directs the Secretary of Commerce to establish minimum requirements and a system of competition for selecting candidates to the Academy. Prohibits granting any preference in the selection process to members of the families of Academy alumni. Requires the Panama Canal Commission to nominate candidates from the areas and installations made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements. Authorizes the Secretary to make a limited number of noncompetitive appointments to the Academy each year. Requires each candidate who is a U.S. citizen, as a condition of appointment, to sign an agreement committing the candidate: (1) to complete instruction at the Academy; (2) to obtain and maintain an officer's license in the United States merchant marine for six years following graduation; (3) to apply for and, if tendered, accept a six-year appointment as a commissioned officer in the United States Naval Reserve; (4) in lieu of such appointment, to serve the U.S. national defense or foreign commerce for five years; and (5) to report to the Secretary on compliance with such agreement. Authorizes the Secretary to order any cadet who violates the agreement to active duty to serve the unexpired portion of required service. Authorizes the chairmen of the congressional committees having legislative jurisdiction over the Academy to designate committee staff members as staff members for the Board of Visitors of the Academy. Directs the Governors of the States or territories cooperating to sponsor a regional college to identify the State or territory to conduct the affairs of such college. Declares that a regional maritime college is eligible for Federal assistance on the same basis as a State maritime college. Authorizes the Secretary: (1) to pay the costs to such a regional or State college (college) for fuel used for training cruises; and (2) to provide for training of college students on Government-owned and subsidized vessels or other vessels. Requires the Secretary to assist the colleges with the operation and maintenance of new vessels. Stipulates that a college, as a condition for receiving Federal assistance or a training vessel, must require Students to pass the examination for an entry-level merchant marine officer's license. Authorizes the Secretary of the Navy to appoint students graduating from a college which receives Federal assistance as Reserve midshipmen of the U.S. Navy or to commission such students as Reserve ensigns in the Navy. Authorizes the Secretary to make loans to college students. Requires that each student receiving a loan agree to certain conditions concerning use of the loan and post-graduate service obligations. Declares that such a loan shall be forgiven if the student: (1) completes all terms of the loan agreement; or (2) is separated from the college because of failure to meet the academic requirements of the college or the physical requirements for a merchant marine officer's license. Allows the Secretary to waive payment of the loan under specified circumstances. Includes service as an administrative enrollee of the United States Maritime Service (USMS) as Federal service for those enrollees appointed to civil service positions. Stipulates that: (1) such USMS service shall be counted either toward one periodic step increase or toward one additional step increase; and (2) after appointment to the civil service such enrollees are not entitled to certain USMS travel and health benefits. Authorizes the Secretary: (1) to lend surplus shipping equipment to the Academy, colleges, or other approved merchant marine training schools for instructional purposes; (2) to utilize resources of other Federal agencies, with the consent of such agencies, for maritime-education purposes; and (3) to employ instructors for maritime-education courses without regard to specified provisions of Federal law concerning the classification of civil service positions and General Schedule pay rates. Repeals certain provisions of Federal law relating to marine education and training.
United States · United States Congress · 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 · 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 · 11 September 1979
National Fishery Development Act - Directs the Secretary of Agriculture to transfer moneys made available to encourage exportation and domestic consumption of agricultural products to the Secretary of Commerce in amounts equal to 30 percent of the gross receipts from duties collected under customs laws on fishery products. Declares that such funds shall be maintained in a separate fund and used by the Secretary of Commerce to: (1) carry out a national program of fisheries research and development which promotes the free flow of domestically produced fishery products in domestic and international commerce by conducting fishery educational, technological, biological, and related research programs; and (2) provide financial assistance for fisheries development projects. Allows any person, regional fishery development foundation, or organization involved with the commercial fishing industry to make application to the Secretary of Commerce for such funds. Requires the person or organization obtaining such funds to submit periodic project status reports to the Secretary. Requires the Secretary of Commerce to include as part of the annual report to the National Marine Fisheries Service an analysis and evaluation of all programs funded under this Act. Requires the Secretary of Commerce to transmit to specified House and Senate committees, 60 days in advance of each fiscal year, a list of projects and a budget for each project which is proposed under this Act. Requires that not less than 50 percent of the moneys in the fund shall be made available annually to fund the fisheries development projects, and that the remainder of such moneys be made available to implement the national fisheries research and development program. Declares that moneys not obligated shall remain in the fund without fiscal year limitation. Requires the Secretary of Commerce to appoint not fewer than six officers who shall, with the concurrence of the Secretary of State, serve abroad to promote United States fishing interests. Requires the Secretary of State, upon the request of the Secretary of Commerce, to officially assign the officers to the diplomatic mission of the United States in the country in which such officers are placed, and to obtain for them diplomatic privileges and immunities. Transfers any balance of funds remaining in the fisheries loan fund created by the Fish and Wildlife Act of 1956, as of September 30, 1980, to the Federal Ship Financing Fund established under the Merchant Marine Act of 1936. Requires the Secretary of Commerce to provide for the guarantee of obligations relating to fishing vessels engaged in developing fisheries which might not otherwise meet the normal economic soundness criteria established under the Merchant Marine Act of 1936.
United States · United States Congress · 7 September 1979
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize appropriations for fiscal year 1980 to carry out the provisions of such Act with respect to: (1) the regulation of and research pertaining to ocean dumping; and (2) the acquisition, development, and operation of marine sanctuaries. Directs the Administrator of the Environmental Protection Agency to: (1) conduct research to determine means of ending the dumping into ocean waters of material unreasonably degrading the marine environment; and (2) promote the coordination of, and assist appropriate public and private entities in the conduct of, such research. Directs the Secretary of Commerce to issue necessary and reasonable regulations to implement the terms of the designation of marine sanctuaries and to provide that all permits, licenses, and other authorizations issued pursuant to any other authority shall be valid unless otherwise provided for by any marine sanctuary regulations. Directs the Secretary of Commerce and the Secretary of the Department in which the Coast Guard is operating to conduct such enforcement activities as are necessary and reasonable to carry out the designation of marine sanctuaries. Directs the Secretary of Commerce to transmit to the Congress a marine sanctuary designation at the time of its publication. Sets forth the form of concurrent resolution to be used by the Congress to disapprove all or part of a designation. Authorizes the issuance of limited permits for research involving the dumping of industrial waste into ocean waters if it is determined that: (1) the proposed dumping is necessary to conduct research; (2) the dumping will have minimal adverse impact; and (3) the potential benefits of such research will outweigh any such adverse impact. Requires a Federal agency which desires to dump material into the ocean from a location in certain foreign countries to obtain the concurrence of the Administrator of the Environmental Protection Agency before applying to that foreign country for an ocean dumping permit. Includes waters of Long Island Sound within the definition of "ocean waters" for purposes of such Act.
United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, and insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active- duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product. Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services; (2) health clinic services, including rural health clinic services; (3) home dialysis supplies; (4) tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lenses after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health-care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO: and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the maximum reasonable cost for such service; and (2) drugs and hearing aids in accordance with the lowest of: (A) the provider's fee charged for dispensing the drug or hearing aid; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtainable by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health-care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-, SSI-, AFDC-eligible residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare- eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (PL 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an advocate, to assist consumers in determining and protecting their rights to services; and (3) an inspector general, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B, Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State-chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3)that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services, and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health- care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI- Effective Dates, Transition Provisions, Amendments - Part A, Effective Dates and Transition Provisions - Sets forth effective dates for provisions of this Act. Provides for a special national premium rate for the period between October 1 and December 31 of the year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI: - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45-consecutive-day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost". Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 5 September 1979
Prohibits the Secretary of Commerce from making payments from the Fishermen's Contingency Fund for damages to fishing gear caused by oil and gas exploration, development, or production when the party to whom such damage is attributable admits responsibility for such damage.
![Official portrait of Rep. Studds, Gerry E. [D-MA-10]](https://www.congress.gov/img/member/s001040_200.jpg)