United States · United States Congress · 5 February 1980
Authorizes the expenditure of funds, not to exceed $1,336,679, for investigations and studies to be conducted by the House Committee on Interior and Insular Affairs. Specifies that $8,500 of such funds are for the reimbursement of computer and computer related services requested by such committee. Declares that no part of these funds shall be available for expenditure in connection with the study of any subject which is being investigated by any other House committee. Terminates the authorization granted by this resolution on January 3, 1981.
United States · United States Congress · 31 January 1980
Atomic Energy Act Amendments of 1980 - Title I: Amendments Relating Primarily to Facility Siting and Safety - Prohibits for three years, the issuance of any operating license for a nuclear powerplant unless the Nuclear Regulatory Commission certifies to the Congress that the design, operation, and planning of the powerplant comply with recommendations made with respect to the Three Mile Island incident and safety conditions specified in the Energy Reorganization Act of 1974. Prohibits the issuance of construction permits for three years unless the Commission has reviewed the safety of its siting regulations and procedures. Prohibits the Commission from delegating such duties during such three-year period. Requires the issuance of construction permits to be based on the same detailed information required for operating licenses. Amends the Atomic Energy Act of 1954 to direct the Federal Emergency Management Agency (FEMA), in consultation with the Commission, to carry out a program of State and local radiological emergency response planning and preparedness in connection with facilities required to be licensed which present a potential for radiological releases. Directs FEMA to: (1) publish criteria for such State and local emergency plans; (2) review the adequacy of such plans; and (3) provide necessary training for State and local officials. Prohibits the Commission from licensing any facility unless it determines that an adequate emergency response plan is in effect. Authorizes the Commission to license a facility with deficiencies in its plan if they are not significant or they can be cured by alternative safety measures. Directs FEMA to conduct a review of State and local emergency response plans with respect to facilities operating under an existing license. Requires that FEMA consult with the Commission in conducting such review. Requires a report to Congress containing assessments of such plans within one year of the enactment of this Act. Requires the Commission to report to the Congress on alternative safety objectives with respect to each stage of the nuclear fuel cycle. Directs the Commission to promulgate regulations providing for the siting of nuclear facilities in a manner which will assure adequate emergency response. Sets forth factors which must be considered by the Commission in promulgating such regulations. Prohibits the issuance of any limited work authorization for any facility which is located in derogation of such siting regulations. Permits the States to regulate the siting of nuclear facilities for which the Commission is required to issue construction permits. Preempts State regulations which: (1) impose design or operation standards different from those of the Commission; (2) prohibit the construction of a facility which has obtained a construction permit; or (3) impose less stringent standards than Federal law with respect to the siting of facilities. Sets forth provisions which require State review of proposed sites for nuclear facilities. Provides for consolidation of such review with later environmental impact statements required in the issuance of operating permits. Prohibits the reassessment of siting, need, fuel cycle effects and alternative energy sources unless circumstances have materially changed since the earlier reviews of a proposed facility. Title II: Amendments Relating Primarily to Radioactive Waste - Directs the Secretary of Energy and the United States Geological Survey to issue an Earth Sciences Technical Plan on the use of deep geologic repositories for high-level nuclear waste. Sets forth a schedule for implementation of such Plan and interim reports to the Congress. Requires the Nuclear Regulatory Commission to issue a construction permit for a high-level waste repository by June 15, 1991. Requires such repository to be licensed for use by January 30, 1996. Prohibits the construction of any new nuclear powerplant after January 30, 1996 if such a repository is not in operation. Authorizes appropriations for fiscal year 1981 to develop the Earth Sciences Technical Plan. Provides for State review of decisions concerning high-level waste repositories through Nuclear Waste Repository Impact Review Boards. Prohibits the siting of any repository unless the applicable State Board has participated in the licensing review. Sets forth provisions governing the operation of such Boards. Authorizes Federal technical and economic assistance for such Boards. Empowers the State Review Boards to require alterations in the planning and operation of repositories subject to administrative review. Sets forth provisions regulating the disposal of low-level radioactive waste. Prohibits the issuance of any license or permit for any facility or activity which would generate low-level radioactive waste five years following the enactment of this Act unless State action has been taken to assure safe storage and disposal. Authorizes the use of interstate compacts to implement such programs. Authorizes appropriations for Federal assistance to such programs. Authorizes the Secretary of Energy to enter contracts with domestic and foreign nuclear powerplants to provide for the storage of spent fuel. Terminates such authority on December 31, 1981. Requires the Secretary to report to Congress on February 15, 1983 on the need for storage capacity in order to perform such contracts. Sets forth eligibility requirements for such contracts including stipulations that: (1) a domestic producer must be unable to provide for the storage of spent fuel; and (2) the storage of foreign fuel must be necessary to achieve nuclear nonproliferation. Directs the Secretary to charge appropriate fees for storage services. Prohibits such contracts from granting the United States title to spent fuel. Authorizes appropriations for such activities in fiscal year 1981. Title III: Miscellaneous Provisions - Requires the Nuclear Regulatory Commission to provide funding for public participation in Commission proceedings. Terminates such funding three years after the enactment of this Act. Prohibits the courts from enjoining any Commission proceeding for failure to provide such funding or from reviewing any decision of the Commission with respect to such funding. Makes the States solely responsible for the determination on the need for electric energy which would be generated by a proposed nuclear facility. Requires the States to prepare the environmental impact statement dictated by such a determination under the National Environmental Policy Act of 1969. Authorizes the Governor of a State to delegate the responsibility for such a determination to the Commission. Increases the standard deferred premium which may be charged a licensee following a nuclear incident. Requires such premiums to be paid in equal installments over a period between one and five years. Increases the amount of indemnification the Commission may provide a licensee or a Federal contractor to $5,000,000,000. Reduces such indemnity by an amount equal to all of the financial protection required of a licensee or contractor. Limits the public liability of a person indemnified for a single nuclear incident to the sum of the required financial protection and the applicable indemnity. Increases the annual fee which the Commission may charge for an indemnification agreement from $30 to $1,000. Authorizes the Commission to return any portion of a collected fee after ten years. Requires the Commission to survey the cause and extent of damage of each nuclear incident regardless of the extent of public liability. Increases the indemnity for a licensee operating as a nonprofit educational institution to $5,000,000,000. Authorizes the Commission to require any person who it indemnifies to waive certain defenses to liability with respect to any nuclear incident (under existing law such waivers may be obtained only with respect to extraordinary nuclear occurrences). Increases the period of time within which a suit may be brought pursuant to a waiver of any statute of limitations to 40 years from the date of a nuclear incident. Requires the 1983 Commission report to the Congress to contain recommendations concerning liability issues, specifically those relating to proof of causation and proper elements of damages. Directs the Commission to promulgate regulations to implement the amendments made by this Act with respect to liability and indemnity. Terminates existing law and regulations one year after enactment. Expands the authority of the Advisory Committee on Reactor Safeguards to review actions of the Commission with respect to licensing, siting and applications for amendments. Requires the Commission, before entering any regulatory agreement with a State, to determine that the State has the financial and technical ability to carry out the agreement and that the agreement assures State diligence in acting on license renewals. Title IV: Nuclear Safety Board - Establishes the Nuclear Safety Board as an independent executive agency. Provides for presidential appointment of three members of such Board, and sets forth provisions relating to terms, compensation, and appointment of officers and support staff. Sets forth the duties of such Board, including: (1) investigation of potentially hazardous events occurring at facilities regulated by the Nuclear Regulatory Commission; (2) analysis of operational data reported to it by such facilities to determine the existence of patterns of events indicating safety problems; (3) conducting nuclear facility safety studies; (4) evaluation of suggestions received from the scientific and industrial community and others on improving nuclear facility safety; (5) recommendation to the Commission of specific measures to minimize the likelihood of events which could affect public health or safety; (6) assessment of the effectiveness of the Commission in monitoring facility operations and in providing safety procedures concerning construction and operation of such facilities; (7) monitoring the Commission's resolution of safety issues; (8) establishment of reporting requirements regarding facility design, construction, and operation, which shall be binding on the Commission, Federal, State, and local nuclear safety agencies, and private parties involved with facility construction or operation, and (9) issuance of periodic reports on nuclear facility safety. Grants the Board specified powers relating to issuance of subpoenas, data, delegation, contracting authority and appointment of advisory committees. Authorizes the Board to make any information not relating to trade secrets available to the public upon request, with exceptions. Requires the Commission to provide written response to the Board to each recommendation submitted by the Board regarding nuclear safety. Establishes civil penalties for violation of reporting requirements regarding facility design, construction, or operation. Authorizes judicial review of any order issued by the Board under this Act. Requires the Board to submit an annual report to the Congress on the activities conducted by the Board. Terminates the existence of the Board six years after the date of enactment of this Act.
United States · United States Congress · 30 January 1980
Expresses appreciation to Canada for: (1) its historic close relations and cooperation with the United States in conducting foreign policy; (2) its support for U.S. efforts to obtain the safe release of the hostages in Iran; and (3) its efforts to protect and arrange the safe departure of certain U.S. citizens from Iran.
United States · United States Congress · 12 December 1979
Amends the Energy Reorganization Act of 1974 to provide for the licensing of storage facilities for spent nuclear fuel, transuranic wastes, and high-level radioactive wastes.
United States · United States Congress · 11 December 1979
Geothermal Resources Act Amendments of 1979 - Amends the Geothermal Steam Act of 1970 by eliminating references to "geothermal steam and byproducts" and replacing them with the term "geothermal resources." Extends the period after which the Secretary of the Interior may readjust the terms and conditions of any geothermal lease issued under such Act to 20 years after the date geothermal resources are produced, and extends the interval of such readjustments to every 20 years. Amends the provision allowing the entitlement to a lease without competitive bidding to include lands within a known geothermal resources area which have been previously offered for competitive bidding at a sale where no bids were received. Directs the Secretary to conduct a competitive bidding procedure for all lands within a known geothermal resources area which have not been the subject of such procedure before the date of enactment of this Act. Provides for determining priority to a lease in the event of conflicts between noncompetitive and competitive bidders. Directs the Secretary of Energy to issue regulations ensuring prompt reoffering of all relinquished, abandoned, and expired geothermal leaseholds. Makes such lands subject to geothermal leasing in accordance with such Act. Expands further the types of lands subject to such leasing to include any lands withdrawn or acquired in aid of the functions of any Federal department. Terminates the application of development requirements upon a demonstration by the lessee that the geothermal resources of a cooperative or unit plan are being produced in commercial quantities. Expands the acreage limitation applicable to holders of interests in Federal geothermal leases to 51,200 acres. Exempts from such limitation any lease containing a well shown to be capable of being commercially productive as determined by the United States Geological Survey. Directs the Secretary to consult with the head of any other Federal agency or department regarding terms and conditions of leases of lands withdrawn or acquired by such agency or department. Authorizes the Secretary to issue permits for the use of geothermal resources for any noncommercial application without requiring a lease or compensation therefor, upon a finding that such permit issuance is in the public interest. Authorizes Federal agencies to develop for their own use geothermal resources within lands under the jurisdiction of such agencies, so long as such development is in the public interest and would not deter commercial development. Directs the Secretary to establish leasing and operating goals. Authorizes the Secretary to utilize any relevant information in an applicable and available land management plan developed under the Federal Land Management and Policy Act or forest management plan developed under the National Forest Management Act in his preparation of any environmental assessments. Directs the Secretary to identify and publish a list of nationally significant geothermal resources located on national parks, monuments, and recreation areas; fishery hatcheries administered by the Secretary; wildlife refuges, ranges, and management areas; game ranges; waterfowl production areas; lands reserved for the protection of endangered fish and wildlife; and certain Indian lands. Prohibits the issuance of geothermal leases on Federal lands in proximity to such identified resources except to the extent that the Secretary determines that no adverse effects to such resources will occur.
United States · United States Congress · 6 December 1979
Amends the Act establishing the Big Thicket National Preserve in the State of Texas, by increasing the authorization of appropriations for the acquisition of lands and interests in lands from $63,812,000 to $88,592,000.
United States · United States Congress · 6 December 1979
Telephone Privacy Act - Amends the Communications Act of 1934 to prohibit unsolicited commercial telephone calls to a telephone subscriber who has notified the telephone company that he does not wish to receive such calls. Directs the Federal Communications Commission to prescribe regulations specifying the manner in which a telephone subscriber shall notify the telephone company that he does not wish to receive unsolicited calls. Prescribes criminal penalties for violations of this Act. Excludes from the definition of "unsolicited commercial telephone calls" calls made in response to an express request of the individual called or made in connection with an overdue debt or contractual obligation.
United States · United States Congress · 6 December 1979
Expresses the sense of Congress that the President should establish a Federal strike force and implement a program in each Federal judicial district for the purposes of investigating and prosecuting members of outlaw motorcycle gangs who commit Federal crimes.
United States · United States Congress · 5 December 1979
Authorizes the Secretaries of the Interior and Army to plan, construct, operate, and maintain hydroelectric generating facilities at existing water resources development projects under their respective jurisdictions. Requires the Secretaries to make a finding of the economic, financial, and environmental feasibility before undertaking any such project.
United States · United States Congress · 4 December 1979
Title I: Limitation on Future Growth of Federal Spending and Tax Expenditures - Federal Spending and Tax Expenditure Control Act of 1979 - Amends the Congressional Budget Act of 1974 to prohibit the adoption of any concurrent resolution on the budget which sets forth a level of total budget outlays and total tax expenditures in excess of 28.5 percent of the gross national product in fiscal year 1981, 28 percent of the gross national product in fiscal year 1982, or 27.5 percent of the gross national product in any fiscal year thereafter. Establishes procedures to enable the President and the Congress to suspend such limitations on budget outlays and tax expenditures. Title II: Federal Credit Program Control - Federal Credit Program Control Act of 1979 - Declares that the purpose of this Act is to provide a basis for controlling loans and loan guarantees under Federal credit programs through the congressional budget process. Requires the first concurrent resolution on the budget for each fiscal year to set forth the appropriate level of total gross obligations for the principal amount of direct loans and the appropriate level of total commitments to guarantee loans and to allocate such totals among the major functional categories of the budget. Directs each standing committee of the House and Senate to submit its estimates of direct loan obligations and loan guarantee commitments provided for in legislation under its jurisdiction by March 15 of each year for consideration of the Budget Committees in formulating the budget resolution. Directs the House and Senate Banking Committees to submit recommendations to the Budget Committees for the aggregate levels of direct loans and loan guarantees in each fiscal year. Requires the joint explanatory statement accompanying a conference report on the concurrent resolution on the budget to include an estimated allocation of the total levels of direct loan obligations and loan guarantee commitments among the committees of the House and Senate. Directs the Committees on Appropriations to provide such an allocation among their subcommittees as soon as practicable after a budget resolution has been agreed to. Requires the House Committee on Appropriations, before reporting any regular appropriations bills, to submit a summary report to the House comparing the credit authority contained in such bills to the levels agreed to in the budget resolution. Requires any report accompanying legislation conferring new budget authority or increasing tax expenditures to include information on direct loan obligations and loan guarantee commitments. Establishes a deadline for the completion of action on legislation providing credit authority. Requires the second concurrent resolution on the budget in any fiscal year and the reconciliation process to take into account Federal obligations and commitments on loans and loan guarantees. Declares out of order any measure brought up for consideration in either House which would increase the level of loan obligations and guarantee commitments agreed to in the budget process. Requires any authority to guarantee the payment of any indebtedness to be contingent on provisions in appropriation Acts.
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 · 27 November 1979
Irrigation Water Conservation Tax Act of 1979 - Amends the Internal Revenue Code to provide for equipment which conserves irrigation water an additional ten percent investment tax credit and an election to depreciate such equipment based on a useful life of three years.
United States · United States Congress · 15 November 1979
Indian Tribal Governmental Tax Status Act of 1979 - Amends the Internal Revenue Code to treat an Indian tribal government as a State for purposes of: (1) determining the deductibility of a charitable contribution made to such tribe; (2) exemptions from the excise tax; (3) deductions for State and local taxes; (4) the tax exclusion for interest on government bonds; (5) the unrelated business income tax applicable to colleges and universities; and (6) the tax treatment of contributions to candidates for public office and the activities of private foundations. Provides for the tax-free issuance of industrial development bonds by Indian tribes under specified circumstances. Defines "Indian tribal government" for the purposes of this Act.
United States · United States Congress · 14 November 1979
Wind Energy Systems Research, Development, and Demonstration Act of 1979 - Declares it to be the policy of the United States and the purpose of this Act to establish a research, development, and demonstration program for converting wind energy into electricity. Sets as a goal of such program the attainment of a total megawatt capacity of at least 800 megawatts from wind energy systems by fiscal year 1988 and the reduction of the average cost of electricity produced by such systems to a level competitive with conventional energy sources by the end of fiscal year 1986. Authorizes the Secretary of Energy to enter into agreements with public and private entities to obtain scientific, technological, and economic information on the design, fabrication, purchase, installation, and testing of wind energy systems. Authorizes the Secretary to provide financial assistance to entities seeking to install wind energy systems upon submission of the proper application. Sets forth terms and conditions for receiving such assistance. Terminates any Federal subsidization of purchases of such equipment upon the determination that such systems have become competitive with conventional energy sources or by a specified date. Sets forth the amount of such assistance, taking into consideration any tax credits allowed under the Internal Revenue Code for renewable energy source expenditures. Allocates a portion of the funds appropriated to carry out such assistance program for accelerated procurement and installation of wind energy systems by Federal agencies for demonstration purposes. Directs the Secretary to promulgate voluntary performance standards for such systems. Directs the Secretary to initiate a three-year national wind resource assessment program to: (1) validate existing assessments of known wind resources; (2) perform wind resource assessments in regions where the use of wind energy may prove feasible; (3) initiate a general site prospecting program; (4) establish standard wind data collection and siting techniques; (5) establish, in consultation with the Administrators of the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the National Aeronautics and Space Administration, a national wind data center to make public information available on wind energy. Directs the Secretary to prepare a comprehensive program management plan for the research, development, and demonstration activities prescribed under this Act for submission to specified congressional committees. Sets forth criteria for selection of programs consistent with the purposes of this Act. Directs the Secretary to monitor, collect and evaluate data and information, and conduct studies and investigations relating to wind energy systems and programs. Directs the Secretary to assure that information relating to programs, projects and other activities conducted under this Act are widely disseminated to Federal, State, and local authorities, relevant segments of the economy, the scientific community and the public, so as to promote the use of wind energy to the maximum extent feasible. Directs the Secretary to assure that small businesses will have adequate opportunities to participate in the programs conducted under this Act to the maximum extent practicable. Authorizes the appropriation of $100,000,000 for fiscal year 1980 to carry out the purposes of this Act.
United States · United States Congress · 14 November 1979
Indian Judgment Funds Act Amendments of 1979 - Amends the Indian Judgment Funds Act with respect to the use and distribution of judgment funds awarded by the Indian Claims Commission or the Court of Claims. Directs the Secretary of the Interior to submit to Congress a plan for such use and distribution within one year after the appropriation of such funds. Requires the Secretary to submit a copy of such plan to the governing body or official representative of each affected tribe or group. Authorizes the Secretary to submit an alternate schedule to the Congress for submission of such plan, if he determines that the one-year deadline cannot be met. Allows a significant portion, but not less than 20 percent, of such awarded funds to be set aside for programming or investment by the affected tribe, with the approval of the Secretary. Provides that if a plan or schedule is disapproved by joint resolution, the disposition of such funds shall be subject to subsequently enacted legislation. Authorizes amendments to any such plan or withdrawal by the Secretary prior to its effective date and requires notice of any such action to the affected tribe or group and the Congress. Authorizes the Secretary, when any plan provides for per capita distribution of funds, to utilize funds under the plan to pay part or all of the cost of the preparation of a roll for such distribution.
United States · United States Congress · 14 November 1979
Authorizes the Secretaries of the Navy and the Air Force to transfer surplus aircraft in order to obtain one B-17 aircraft for the Tucson Air Museum of Pima County, Arizona.
United States · United States Congress · 13 November 1979
Entitles an air traffic controller, who is to be removed by the Secretary of Transportation after being judged as unfit for duty, to training, provided such controller: (1) is not a supervisor; (2) has completed at least eight years of service; (3) is not eligible for immediate retirement; (4) notifies the appropriate review board of any intention to apply for training; (5) submits an application which sets forth a proposed training program and includes a physician's certification that such employee is suited for training; (6) notifies the Secretary of an intention to participate in an approved training program; and (7) is to be removed from duty because of medical disqualification, inability to maintain technical proficiency, or physical or mental health requirements. Directs the Secretary to: (1) designate Department of Transportation employees as regional career counselors who shall assist controllers in developing training programs; and (2) establish regional review boards to consider applications for training and evaluate training programs to determine whether such programs will result in successful training and job placement. Prohibits such a board from approving any program the duration of which exceeds two years. Requires that a controller, on request, receive assistance in being placed in a vacant position in another agency upon completion of training. Requires the Secretary to reimburse a controller for the expenses of approved training.
United States · United States Congress · 9 November 1979
Sunset Review Act of 1979 - Requires the House Committee on Rules and the Senate Committee on Rules and Administration to jointly develop and maintain an inventory of all Federal programs and tax expenditures. Requires such inventory to classify all such programs and expenditures according to the jurisdiction of the various legislative committees of the two Houses. Requires the General Accounting Office, before the beginning of the 97th Congress, after consultation with the appropriate legislative committees, to submit a draft inventory to the House Committee on Rules and the Senate Committee on Rules and Administration. Requires such Committees to notify each legislative committee of the programs and tax expenditures which are classified within its jurisdiction. Allows any legislative committee to propose revisions of such inventory within 30 days after notification. Requires, after a determination that all programs and tax expenditures are accurately classified, that such inventory be published in a single document. Requires that an update be made of such inventory at the beginning of every Congress. Directs the General Accounting Office to maintain and publish a supplement to the inventory. Requires each legislative committee of the House of Representatives and the Senate, on or before March 1 in the first session of each Congress beginning with the 98th Congress, to develop, adopt, and submit to the House Committee on Rules and the Senate Committees on Rules and Administration an agenda for the sunset review of selected Federal programs within its jurisdiction or in the case of the House Committee on Ways and Means and the Senate Committee on Finance, of selected tax expenditures. Requires the committees of each House to develop their sunset review agenda in consultation with any other committee which has concurrent jurisdiction over any programs or tax expenditures involved. Prohibits either the House or the Senate from considering a primary expense resolution for any legislative committee in any Congress until that committee has developed and submitted its sunset review agenda. Requires the House Committee on Rules and the Senate Committee on Rules and Administration to incorporate such agendas into a consolidated sunset review agenda and to report such consolidated agenda to its House in the form of a concurrent resolution, within seven legislative days after all committee sunset review agendas have been submitted. Requires the consolidated sunset review agenda to be adopted in the House and in the Senate no later than March 30 in the first session of each Congress. Sets forth the procedures for adoption. Requires each committee of the House or the Senate, not later than May 15 in the second session of each Congress, to report a bill or bills modifying, continuing, or terminating each program or tax expenditure which it has been directed to review under the consolidated sunset review agenda adopted during the first session. Requires such bill to be accompanied by a report setting forth the committee's findings, recommendations, and justifications. Requires each department, agency, and instrumentality in the executive branch of the Government which is responsible for the administration of a Federal program or tax expenditure selected for sunset review to give assistance to the appropriate Congressional committees. Specifies that nothing in this Act shall affect the authority of any legislative committee to review programs or tax expenditures within its jurisdiction and to report legislation modifying, continuing, or terminating such programs or expenditures at such times and in such manner as it deems appropriate. Amends rule X of the Rules of the House of Representatives to include the consolidated sunset review agendas and the congressional inventory of Federal programs as part of the House Committee on Rules' functions.
United States · United States Congress · 8 November 1979
Reclamation Reform Act of 1979 - Sets forth acreage limitations for limited and qualified landholdings which may be served with water under Federal reclamation laws. Declares that, upon the request of a land owner or lessee, the acreage limitation for a qualified landholding shall be considered applicable to: (1) a specified amount of land classified by the Secretary of the Interior as project land having the greatest productive potential; or (2) an equivalent amount of less productive land. Directs the Secretary to take into account all factors which affect the economic feasibility of irrigated agriculture in determining the productive potential of land and land classes. Specifies a separate acreage limitation with respect to land for which the frost-free growing season exceeds 180 days. Specifies those lands which may receive project water two years after enactment of this Act. Authorizes the Secretary to deliver project water to bona fide religious or nonprofit charitable organizations and certain excess lands. Amends existing Federal reclamation laws to delete the 25-year limitation on the period during which lessees of lands owned by States and political subdivisions which are subject to acreage limitations may receive project water. Declares that owners or qualified lessees of qualified landholdings shall not be required to be residents on or near such landholdings to be considered eligible to receive project water for agricultural purposes. Prohibits an owner of a qualified landholding acquired after enactment of this Act from leasing such landholding unless the Secretary determines that such owner, during each of the five years after acquiring such land, derived a significant percentage of income from direct involvement in agricultural production. Authorizes the Secretary to waive such leasing requirement or grant exemptions under such requirement, under specified circumstances. Amends the Reclamation Project Act of 1939 to direct the Secretary to publish notice of the proposed contract or amendment and provide an opportunity for written comments, before entering into or amending any repayment contract or contract concerning the delivery of project water for irrigation purposes. Permits the owner of any excess land to dispose of such land before the end of the term of a recordable contract, to specified persons, at a price approved by the Secretary. Vests power of attorney in the Secretary to sell such land, if not sold by the end of the term of the contract. Repeals provisions which limit the right to receive water on sold excess lands until one-half of the construction charges have been paid. Sets forth requirements to be met before a sale of excess land, or resale of such land within 15 years of initial sale, shall carry rights to receive project water. Declares that any nonexcess land which is acquired into excess status pursuant to foreclosure or other process of law, conveyance in satisfaction of mortgage, inheritance, or devise, may be sold at its fair market value without regard to provisions of this Act or existing law. Approves water contracts made with individuals or small entitles in qualified landholdings, which provide that relief from acreage limitations will result upon full payment of construction charges. Directs the Secretary to provide to such landholder a certificate acknowledging exemption from acreage limitations. Sets forth the methods to determine the dates upon which acreage limitations cease to apply upon repayment of construction charges in accordance with water contracts. Provides administrative rules and regulations for purposes of this Act and penalties for violations of this Act.
United States · United States Congress · 2 November 1979
Amends the Agricultural Adjustment Act to authorize the Secretary of Agriculture to provide for crediting the pro rata expense obligations of a handler of grapefruit, lemons, and oranges from California and Arizona, pursuant to a marketing order, with all or any portion of such handler's direct expenditures for such marketing promotion.
United States · United States Congress · 1 November 1979
Nuclear Safety Board Act of 1979 - Establishes the Nuclear Safety Board as an independent executive agency. Provides for presidential appointment of three members of such board, and sets forth provisions relating to terms, compensation, and appointment of officers and support staff. Sets forth the duties of such Board, including: (1) investigation of potentially hazardous events occurring at facilities regulated by the Nuclear Regulatory Commission; (2) analysis of operational data reported to it by such facilities to determine the existence of patterns of events indicating safety problems; (3) conducting nuclear facility safety studies; (4) evaluation of suggestions received from the scientific and industrial community and others on improving nuclear facility safety; (5) recommendation to the Commission of specific measures to minimize the likelihood of events which could affect public health or safety; (6) assessment of the effectiveness of the Commission in monitoring facility operations and in providing safety procedures concerning construction and operation of such facilities; (7) monitoring the Commission's resolution of safety issues; (8) establishment of reporting requirements regarding facility design, construction, and operation, which shall be binding on the Commission, Federal, State, and local nuclear safety agencies, and private parties involved with facility construction or operation; and (9) issuance of periodic reports on nuclear facility safety. Grants the Board specified powers relating to issuance of subpenas, inspection authority, enforcement authority, immunity, obtaining official data, delegation, contracting authority, and appointment of advisory committees. Authorizes the Board to make any information not relating to trade secrets available to the public upon request, with exceptions. Requires the Commission to provide written response to the Board to each recommendation submitted by the Board regarding nuclear safety. Establishes civil penalties for violation of reporting requirements regarding facility design, construction, or operation. Authorizes judicial review of any order issued by the Board under this Act. Requires the Board to submit an annual report to the Congress on the activities conducted by the Board. Terminates the existence of the Board six years after the date of enactment of this Act.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 24 October 1979
Amends the National Trails Systems Act to authorize a study to be conducted by the Secretary of the Interior, in consultation with the Secretary of Agriculture, the appropriate States, and the Cherokee people, to determine the feasibility of designating the Trail of Tears as a National Historic Trail. Includes the Trail of Tears as a route to be studied for designation as a national scenic trail.
United States · United States Congress · 23 October 1979
Prohibits the delivery of water for producing a basic agricultural commodity on newly irrigated lands of Federal reclamation projects if the Secretary of Agriculture determines that the supply of such commodity is likely to be excessive and that a set-aside shall be in effect. Stipulates that such restriction on water delivery shall apply to those projects which have such a restriction in their authorizing legislation.
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 · 18 October 1979
Federal Employee Occupational Safety and Health Act of 1979 - Applies specified standards of the Occupational Safety and Health Act of 1970 to the Federal workplace of employees of Executive agencies, the Postal Rate Commission and the United States Postal Service (but not the Office of Personnel Management). Requires each agency to: (1) furnish its employees employment and a place of employment which are free from recognized hazards; and (2) comply with safety and health standards. Requires employees to comply with standards and with specified rules, regulations, and orders. Authorizes the Office of Personnel Management to conduct inspections, investigations, and recordkeeping relating to Federal employee occupational safety and health. Permits employees or their representatives to request such inspections in specified cases. Directs the Office to issue citations to the head of any agency in violation of any requirement, standard, order, rule, or regulation under this Act. Provides for an enforcement procedure, including, in specified cases, hearings before the Occupational Safety and Health Review Commission. Provides for review of any Commission order in a U.S. court of appeals upon request of the head of any agency or any employee adversely affected by such order. Permits the Office to obtain review or enforcement of any final order of the Commission in a U.S. court of appeals. Prohibits any agency from discharging or discriminating against any employee because such employee has: (1) filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act; (2) testified or is about to testify in any such proceeding; or (3) exercised any right afforded by this Act on behalf of anyone. Permits employees who believe they have been so discharged or otherwise discriminated against to file complaints with the Special Counsel. Directs the Special Counsel to undertake an appropriate investigation and to file a complaint with the Merit Systems Protection Board if a violation has occurred. Authorizes the Board to restrain such violations for cause shown and to order all appropriate relief. Authorizes the Office to order any agency to restrain any conditions or practices constituting a danger immediately or before that danger can be eliminated through other enforcement procedures. Declares that any such orders which prohibit the employment or presence of any individual in locations in which imminent danger exists shall not apply to specified individuals, including those whose presence is necessary to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations. Directs inspectors, as soon as they conclude that such an imminent danger exists, to inform the affected employees and agency. Permits employees, or their representatives, to bring actions against the United States in district courts to compel the Office to issue such orders and for appropriate further relief. Authorizes attorneys designated by the Director of the Office of Personnel Management to represent the Office in civil litigation under this Act, subject to the direction and control of the Attorney General. Authorizes the Office to allow reasonable variations and exemptions from provisions of this Act to avoid serious impairment of the national defense. Provides for civil or criminal penalties for specified violations of this Act. Authorizes the Commission to assess all such civil penalties. Authorizes the Office to conduct short-term training of personnel in work related to responsibilities under this Act. Directs the Office, in consultation with the Secretary of Health and Human Services, to: (1) provide for education of heads of agencies and employees in the recognition, avoidance, and prevention of unsafe or unhealthful working conditions; and (2) consult with and advise heads of agencies and employees, and their representative organizations, as to effective means of preventing occupational injuries and illnesses. Authorizes the head of each agency to establish a health service program for employees. Directs that the Secretary of Health and Human Services offer mandatory consultation before, and requested reviews after, such programs are established. Directs the Secretary of Labor, in consultation with the Director, Office of Personnel Management, to carry out a safety program covering specified maritime employees under the Longshoremen's and Harbor Workers' Compensation Act. Authorizes the President to establish a safety council of labor organization representatives and employing agencies to advise the Secretary of Labor concerning such program. Directs the head of each agency with such employees to develop an organized safety promotion, to keep specified records, and make reports to the Secretary of Labor. Makes funds available for the purchase and maintenance of special protective clothing and equipment from appropriations for supplies, materials, or equipment procurement. Directs the Office, in consultation with the Secretary of Health and Human Services, to compile and analyze occupational safety and health statistics for Federal agencies. Authorizes the Office to make contracts and matching grants for such statistical research and to cooperate with States in such efforts. Directs the Office to make annual reports to Congress concerning Federal employee occupational safety and health. Requires the Director of the Office of Personnel Management to: (1) establish and maintain a comprehensive occupational safety and health program applicable to the Office consistent with specified standards of the Occupational Safety and Health Act of 1970; (2) provide employment conditions consistent with such standards; (3) require the use of protective equipment; (4) keep records of occupational accidents and illnesses; and (5) consult with and report annually to the Secretary of Labor concerning such records and program. Directs the Secretary of Labor to transmit such annual report to the President. Directs the President to transmit an annual report of such activities of the Office. Authorizes the Office to prescribe regulations concerning Federal employee occupational safety and health. Repeals specified provisions of the Occupational Safety and Health Act of 1970 relating to programs of Federal agencies.
United States · United States Congress · 16 October 1979
Prohibits the delivery of water for producing a basic agricultural commodity on newly irrigated lands of Federal reclamation projects if the Secretary of Agriculture determines that the supply of such commodity is likely to be excessive and that a set-aside shall be in effect. Stipulates that such restriction on water delivery shall apply to those projects which have such a restriction in their authorizing legislation.
United States · United States Congress · 16 October 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of benefits to any individual for any month in which such individual is confined in a penal institution. Stipulates that benefits withheld from such individuals shall be treated as having been paid to such individuals for purposes of determining the benefits to which other persons are entitled on the basis of the same wages and self-employment income.
United States · United States Congress · 16 October 1979
Calls upon the President, with respect to Chile, to: (1) recall the U.S. Ambassador to Chile; (2) apply statutes limiting assistance to countries with terrorist governments or countries harboring terrorists; (3) prohibit deliveries of defense articles or services; (4) recall all military personnel; (5) prohibit the issuance of U.S. visas to Chilean military or intelligence personnel; (6) prohibit credits or loan guarantees to be granted by the Export-Import Bank; (7) prohibit the granting of export licenses; (8) order the immediate suspension of private bank loans; and (9) demand that Chilean rights be fully restored.
United States · United States Congress · 15 October 1979
Tallgrass Prairie National Reserve Act of 1979 - Establishes the Tallgrass Prairie National Reserve comprising specified lands, waters, and interests in Kansas and Oklahoma. Designates specified areas within the Reserve as special conservation areas. Establishes a Prairie National Parkway on existing roads between Marysville, Kansas and Pawhuska, Oklahoma. Establishes the Tallgrass Prairie Planning Commission comprising members appointed by the Secretary of the Interior upon the recommendation of the Governors of Kansas and Oklahoma. Directs the Commission to prepare and periodically update a comprehensive plan for the management and use of the nonfederally owned lands and waters within specified counties. Sets forth land acquisition limitations regarding such special conservation areas. Grants the Secretary a right of first refusal on all lands within the special conservation areas. Directs the Secretary to administer the lands, waters, and interests within the special conservation areas. Authorizes the Secretary to establish such special conservation areas as part of either a national park or national preserve whenever the interests in such areas constitute an administratively feasible management unit. Permits the Secretary to lease acquired lands for livestock grazing and other purposes under specified conditions. Permits the Secretary to enter into contracts with local landowners, conservation districts, or other governmental agencies for prairie restoration or enhancement on lands within or associated with such special conservation areas. Directs the Secretary to consult with the Commission and units of local government regarding continued access through special conservation areas and other public services. Directs the Secretary to prepare and submit to Congress a plan for an outreach and public information program to keep the community up to date on the status of the park. Sets forth reimbursement procedures for lost local real property taxes where lands previously taxed are acquired by the United States for inclusion in such Reserve. Grants the Secretary and the Commission the opportunity to review and comment upon any proposed Federal or federally assisted undertaking within such Reserve. Prohibits the construction of bulk electric power transmission lines, microwave transmission facilities and pipelines within any special conservation area except under specified conditions.
United States · United States Congress · 10 October 1979
Amends the Agricultural Act of 1949 to change specified levels of price support loans and price support payments for the 1980 and each subsequent crop of extra long staple cotton. Amends the Agricultural Adjustment Act of 1938 to require that extra long staple cotton acreage allotments voluntarily surrendered to county committees be so surrendered not later than January 30 of the crop harvest year. Directs (formerly authorized) the Secretary of Agriculture to permit owners or operators of farms for which an extra long staple cotton acreage allotment is established to sell or lease all or part of such allotment for transfer to farms owned or operated by others, or to transfer such allotment to other farms owned by themselves. Stipulates that farms to which such allotments are transferred may be in any State or county. Requires that such sale, lease, or transfer occur not later than January 30 of the crop harvest year. Prohibits the leasing of any such allotment for a total period greater than three years.
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 · 27 September 1979
Recognizes Goodloe Byron, former Member of the U.S. House of Representatives and the State Senate of Maryland, for his efforts to provide for the protection of the Appalachian Trail for public use and enjoyment. Authorizes the Secretary of the Interior, in cooperation with the Appalachian Trail Conference and the State of Maryland, to design and erect at a location along the Maryland segment of the Trail an appropriate marker in commemoration of the contributions of Goodloe Byron.
United States · United States Congress · 25 September 1979
Pacific Southwest Water Yield and Environmental Quality Improvement Act of 1979 - Authorizes the Secretary of the Interior to make loans to persons and local organizations for the implementation of water yield improvement plans on lands located in the Colorado River Basin. Authorizes the Secretary to make grants to tribal organizations for the implementation of such plans on reservation lands located in the Colorado River Basin and owned or controlled by such organizations. Sets forth requirements for applying for such assistance and the terms and conditions thereof. Describes the necessary components of water yield improvement plans. Conditions the making of loans or grants above specified limits upon the submission by the Secretary to appropriate Federal, State, and local government agencies and to the public of an environmental evaluation equivalent to an environmental impact statement as required by the National Environmental Policy Act of 1969. Sets forth the manner of distribution of funds for loans and grants authorized by this Act. Requires that the administration of this Act and plans for and execution of water yield improvement practices hereunder shall be as consistent as is practicable with the provisions of the Multiple-Use Sustained-Yield Act of 1960, the Federal Land Policy and Management Act of 1976, the National Environmental Policy Act of 1969, the Watershed Protection and Flood Prevention Act of 1954, the National Forest Management Act of 1976, the Soil Conservation and Domestic Allotment Act, and other land management laws.
United States · United States Congress · 19 September 1979
Amends the Water Research and Development Act of 1978 to authorize the Secretary of the Interior to require State institutes to review proposals and advise the Secretary of the relevance of such proposals to the State's water resources research and development needs. Makes any State or local government agency or academic institution eligible to participate in the matching grant program activities of their State institute. Authorizes appropriations as necessary through fiscal year 1982 for such program. Removes the limitation on the number of desalting plants demonstrating the engineering and economic viability of membrane and phase-change desalting processes to be constructed by the Secretary of the Interior. Specifies conditions such plants must meet. Authorizes the Secretary to conduct such demonstrations by means of cooperative agreements with non-Federal public entities. Requires reports to Congress concerning such plants to include information on how the proposed plant differs from others already constructed. Revises the terms of proposed contracts or cooperative agreements between the Secretary and a non-Federal entity to require such entity to provide between 15 and 50 percent of the total cost of the demonstration (presently such entity must pay all costs). Limits the Secretary's participation in the operation and maintenance of such demonstrations to four years. Repeals the requirement that the proposed contracts provide for a future right to re-enter the facility by the Federal Government. Increases the authorization of appropriations for such demonstration plants effective September 30, 1978 (presently 1980).
United States · United States Congress · 14 September 1979
Title I: Authorization of Appropriations for Fiscal Year 1980 - Establishes authorization ceilings for the Nuclear Regulatory Commission to be used for nuclear reactor regulation, inspection and enforcement, standards development, nuclear material safety and safeguards, nuclear regulatory research, program technical support, and program direction and administration. Limits the Commission's authority to reprogram funds for a specific line item by an increase or decrease in excess of $500,000 for a period of 30 calendar days after notifying the appropriate committees of Congress, unless each committee has transmitted a written notice stating it has no objections to the proposed action. Directs the Commission to establish a Senior Contract Review Board to review placements or modifications of contracts with Federal agencies or for research services in excess of $500,000, with any such contract in excess of $1,000,000 requiring the approval of a majority of the Commission. Authorizes the Commission to retain moneys received for cooperative research programs for salaries and expenses for such programs and to transfer sums from salaries and expenses to other government agencies which perform work for which the appropriation was made. Authorizes the Commission to use the amount of authorized funds necessary to: (1) establish standards for State radiological emergency expense plans for any facility required to be licensed by the Atomic Energy Act; (2) review all plans and other preparations respecting such an emergency made by each State which may be in some way affected by such emergency; (3) assess the adequacy of such plans and the ability of the States involved to effectuate emergency evacuations; (4) identify which States do not have adequate preparations and notify the Governor forthwith; and (5) submit a report to Congress containing results and recommendations. Directs the Commission, with the concurrence of the Secretary of Transportation, to promulgate regulations requiring that timely notice be provided to the Governor of a State prior to the transportation of nuclear materials from commercial facilities through or within the jurisdiction of such State. Title II: Authority to Make Payments - Authorizes payments under this Act only to the extent such amounts are provided in advance in appropriation Acts. Title III: Amends the Atomic Energy Act of 1954 by increasing the maximum civil penalty which the Commission can impose for single license violations from $5,000 to $100,000, and removes the maximum total penalty ceiling. Amends the Atomic Energy Act of 1954 to authorize the Commission to protect certain unclassified but sensitive nuclear safeguards information from public disclosure. Subjects to civil penalties violators of regulations or orders issued to prevent such disclosures.
United States · United States Congress · 13 September 1979
Authorizes the Secretary of the Interior to engage in feasibility studies of the following projects: (1) Hungry Horse powerplant enlargement and reregulating reservoir, Montana; (2) Palisades powerplant enlargement, Idaho; (3) Boise power and modification study, Idaho and Oregon; (4) enlarged Shasta Lake investigation, California; (5) Whiskey-town powerplant study, California; (6) Friant powerplants study, California; (7) San Francisco Bay Area waste water reclamation project, California; (8) San Joaquin Valley drainage investigation, California; (9) Delta overland water service facilities, California; (10) Chino Valley project, Arizona; (11) Canyon Ferry powerplant, Montana; (12) Yellowtail Afterbay powerplant investigation, Montana; (13) North Platte River hydroelectric power study, Wyoming; (14) Wind-Hydroelectric energy project, Wyoming; (15) Lake Meredith salinity project, New Mexico and Texas; (16) Colorado-Big Thompson powerplants, Colorado; and (17) Red Bluff diversion dam powerplant, California.
United States · United States Congress · 12 September 1979
Directs the Secretary of the Interior to submit an appraisal of certain reservation lands partitioned to the Hopi and Navajo Indian Tribes to the appropriate district court and to the Tribes for purposes of determining compensation for less than standard amounts of acreage or land value resulting from such partition. Authorizes either tribe to prosecute or defend actions for certain types of relief against the other tribe and against the United States. Sets forth a formula for determining the amount of certain types of recovery by the Hopi Tribe. Prohibits the use of certain defenses in such proceedings. Defines the jurisdiction of specified offices of the Bureau of Indian Affairs (BIA) and the application of tribal ordinances over partitioned lands. Permits development of specified lands involved in litigation only upon the written consent of each tribe. Excludes specified lands from the lands which the Secretary may transfer to the Navajo Tribe. Repeals a provision allowing private lands acquired by the Navajo Tribe to be taken by the U.S. in trust for that tribe. Authorizes the Navajo and Hopi Indian Relocation Commission to purchase up to 50,000 acres of land for the benefit of the Navajo or Hopi Tribes to facilitate the resettlement of persons required to relocate. Authorizes the appropriation of $10,000,000 for fiscal year 1981 for such purchase. Authorizes the Commission to hire an independent legal counsel and to provide its own administrative, fiscal, and housekeeping services. Requires specified offices of the BIA to consult with the Commission prior to submitting a proposed annual budget for the tribes. Prohibits the approval of any grant to or contract with either tribe, except a contract or grant by the BIA or the Indian Health Service, until the Commission has had 45 days to review and comment on such grant or contract. Directs the Office of Management and Budget to establish procedures to insure coordination between relevant Government programs and specified provisions of Federal law governing the settlement of rights and interests of the tribes to specified reservation lands. Prohibits any person from retaining, maintaining, or grazing livestock on lands without the consent of the tribe to whom the lands are partitioned. Directs the Commission to review the economic and social conditions of persons evicted from the Hopi Reservation as a consequence of a specified court decision. Authorizes the Commission to certify such persons as eligible for certain relocation benefits. Requires that conservation practices for partitioned lands be coordinated and executed with the concurrence of the tribe to whom the lands have been partitioned. Prescribes time limits for the completion of surveying, monumenting, fencing, and livestock reduction on such lands. Directs the Commission, if the tribes negotiate and agree on an exchange of reservation lands, to provide 125 percent of housing and lands rental benefits to members of either tribe living on land to be exchanged to the other tribe. Conditions such additional benefits on the majority of adult tribe members eligible to relocate from exchanged lands signing a contract to relocate within one year of the agreement. Grants such benefits only to those who relocate within such year. Authorizes appropriations: (1) for the expenses of the Commission for fiscal year 1980; and (2) for the relocation efforts of the Commission. Directs the Secretary and the Secretary of Health, Education, and Welfare to assign highest priority to the funding and construction of the Hopi high school and a Hopi medical center. Declares that no action taken pursuant to the provisions concerning the settlement of rights and interests of the tribes shall be deemed a major action for purposes of the National Environmental Policy Act of 1969. Directs the Secretary to pay reasonable attorney's costs in litigations among or between such tribes and the United States. Requires the court to award such costs to the prevailing party if it finds that the opposing party unreasonably initiated or contested such litigation. Prohibits the payment of certain relocation benefits to individuals who have not signed a relocation contract by a specified date. Requires the payment of $5,000 to such individuals who otherwise qualify for the relocation payments. Sets forth standards for life estate leases granted by the District Court for persons on partitioned lands. Precludes any person granted a life estate lease from receiving any relocation benefits. Directs the Secretary to pay the rental value of such life estate leases to the tribe to whom the lands were partitioned.
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.
![Official portrait of Rep. Udall, Morris K. [D-AZ-2]](https://www.congress.gov/img/member/u000001_200.jpg)