United States · United States Congress · 19 December 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the Chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board: (1) to provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusivity of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. States that in the case of such a claim resolved in court, either the claimant or the attorney may challenge the award in such court within 30 days after such award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 19 December 1979
Medicaid Community Care Act of 1980 - Authorizes a State with a plan approved under title XIX (Medicaid) of the Social Security Act to apply to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to have Federal payments for home health care services, nursing services, home health aid services, medical equipment for use in the home, physical therapy, occupational therapy, speech pathology services, endiology services, adult day health services, respite care, short-term full-term nursing care, homemaker services, and nutrition counseling made at a higher rate the the rate for other care and services provided under the State plan. Specifies that the Federal medical assistance percentage for such services and the comprehensive assessments provided for in this Act shall be the lesser of: (1) the Federal medical assistance percentage determined under title XIX plus 25 percent; or (2) 90 percent of the cost of such services and assessments. Requires an application to be accompanied by a community care plan which: (1) provides for a comprehensive assessment of each individual eligible or applying for Medicaid who is likely to need long-term skilled nursing facility or intermediate care facility services; (2) makes available, under title XIX, the care and services for which the higher Federal payment may be made to individuals determined pursuant to a comprehensive assessment to be in need of long-term facility services and for whom such assistance is a feasible alternative to long-term facility services; and (3) coordinates the services provided under this Act with similar services provided under the Older Americans Act of 1965, and under titles XVIII (Medicare) and XX (Grants to States for Services) of the Social Security Act. Requires the Secretary to report to Congress with respect to the program established under this Act. Permits a State, for the purposes of title XIX, to treat a noninstitutionalized individual the same as an individual who is in a long-term care facility if the noninstitutionalized individual meets the income and resources standards for long-term facility residents and has been determined, pursuant to an assessment under this Act, to need long-term facility services.
United States · United States Congress · 19 December 1979
Condemns the use of lethal chemical agents against the Hmong tribespeople in Laos and any such use in Kampuchea (Cambodia). Expresses the sense of the House of Representatives that the President should: (1) take action to bring about the cessation of such poison gas use; (2) direct the U.S. delegation to the United Nations Committee on Disarmament to express strong concern over such use and reach agreement with the Soviet Union on a general prohibition of chemical warfare; and (3) report to the Congress concerning actions taken.
United States · United States Congress · 14 December 1979
Amends the Older Americans Act of 1965 to provide that area agencies on aging shall have authority to award funds to the providers of home delivered meals for older persons without requiring that such providers also furnish meals to older persons in a congregate setting.
United States · United States Congress · 11 December 1979
Intelligence Identities Protection Act - Amends the National Security Act of 1947 by adding a new title V: Protection of Certain National Security Information. Establishes a maximum criminal penalty of ten years' imprisonment and/or a $50,000 fine for anyone who, having had authorized access to classified information, intentionally discloses to any individual not authorized to receive classified information any information that identifies an individual as an employee of an intelligence agency or as an agent, informant, or source of assistance to an intelligence agency, where the actor knows or has reason to know that the information so identifies such individual and that the United States is taking affirmative measures to conceal such individual's intelligence relationship to the United States. Establishes a maximum criminal penalty of one year imprisonment and/or a $5,000 fine for anyone who with intent to impair the foreign intelligence activities of the U.S. discloses such information with such knowledge. Makes it a defense to such crimes that before the commission of the offense the United States had publicly acknowledged or revealed the intelligence relationship of the individual to the United States. Stipulates that it shall not be an offense to transmit such information directly to the congressional intelligence committees.
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 · 27 November 1979
Title I: - Amends the Currency and Foreign Transactions Reporting Act to extend the current reporting requirement to include persons "attempting" to transport monetary instruments into or from the United States. Title II: Authorizes any customs officer who has reasonable cause to suspect that monetary instruments are being transported for which a report is required to search, without a search warrant, any vehicle, vessel, aircraft, envelope or other container, or person entering or departing from the United States. Title III: - Authorizes the Secretary of the Treasury to pay a reward to any individual providing original information which leads to a recovery of at least $50,000 by way of a criminal fine, civil penalty, or forfeiture for a violation of such Act. Makes ineligible for such payment any Federal, State, or local employee who furnishes information in the performance of official duties.
United States · United States Congress · 26 November 1979
Expresses the sense of the House of Representatives that the President should direct the Secretaries of State and the Treasury to establish all debts owed by Iran to the people of the United States and secure the payment of such debts by attachment or other legal action against Iranian assets in the United States. Declares that remaining Iranian assets in the United States should be seized in reparation for damages to U.S. property and for compensation to U.S. citizens held hostage in Iran.
United States · United States Congress · 16 November 1979
Expresses the sense of Congress that the President should terminate U.S. sanctions against Zimbabwe-Rhodesia upon the appointment and arrival of a British Governor in Salisbury.
United States · United States Congress · 15 November 1979
Directs the Foreign Claims Settlement Commission to determine the validity and amounts of claims against Iran by U.S. citizens held as hostages in the U.S. Embassy in Tehran, and their families, for personal injuries and punitive damages. Requires the Commission to certify: (1) the amount of damages to the individual claimants and to the Secretary of State; and (2) the amount of each award to the Secretary of the Treasury. Directs the Secretary of the Treasury to establish a special fund for the payment of such awards into which shall be paid: (1) payments by Iran to satisfy such claims; and (2) amounts realized from Iranian assets subject to control under the International Emergency Economic Powers Act. Requires the Secretary to make payments from such funds for awards not otherwise satisfied by Iran. Directs the President to continue to prohibit transactions in at least $100,000,000 of Iranian assets subjected to controls, until all claims are fully satisfied.
United States · United States Congress · 13 November 1979
Expresses the sense of Congress that the President should terminate all military training of Iranian personnel pursuant to sales under the Arms Export Control Act.
United States · United States Congress · 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 · 2 November 1979
Hazardous Waste Response Fund Act of 1979 - States that the provisions of this Act shall not apply to oil or other pollution of navigable waters. Amends the Solid Waste Disposal Act to establish a hazardous waste response program for dealing with emergencies involving the release or threat of release of hazardous waste into the environment from sites now regulated under Federal law. Authorizes the Administrator of the Environmental Protection Agency to take such emergency response actions as determined to be immediately necessary to prevent or minimize any harm to public health or the environment when any hazardous waste is released or is threatened to be released into the environment. Stipulates that where the Administrator determines that the owner or operator of such site, the generator of such waste, any other person responsible for such release or threatened release, or the State or local government concerned, will take such emergency actions, the Administrator shall not exercise such emergency response authority. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such emergency actions where it is determined that such entities have the capability to carry out those actions. Sets forth the types of emergency actions which are authorized. Authorizes the Administrator to remove, contain, and clean up hazardous waste at or associated with any hazardous waste site which may present a danger to public health or the environment. Directs the Administrator not to exercise such authority if he determines that the owner or operator of such site, the generator of waste treated, stored or disposed of at such site, any other person responsible for such site, or the State or local government concerned, will take the action referred to in this paragraph. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such actions where it is determined that such entities have the capability to carry out those actions. Sets forth the types of containment and removal actions which are authorized. Authorizes the Administrator to provide special rapid emergency assistance to State and local governments and to take such action, or assist other Federal agencies in taking actions as are deemed necessary to protect health and the environment from hazardous substances released into the environment in a manner which may present an imminent and substantial endangerment to public health or the environment. Stipulates that such assistance may be rendered and actions taken even where the Administrator is unable to immediately determine the applicability of any Federal law other than this Act or the existence of any authority to take remedial action with respect to such hazardous substance release. Requires the Administrator or such other Federal agency or instrumentality to reimburse the Fund established under this Act for amounts expended for emergency assistance or actions where it is determined that such action taken or assistance provided is authorized under any authority of law other that this Act. Directs the Administrator to issue a National Hazardous Waste Response Plan after appropriate public review and public hearings are completed. Sets forth the components of such plan, and requires that hazardous waste removal and containment and emergency assistance for releases of such wastes shall be in accordance with such plan. Requires that such plan set forth recommended methods, procedures, criteria, and equipment for handling released hazardous waste. Authorizes the Administrator to provide equipment and other items necessary for damage assessment and response capability of Federal, State, and local strike forces or other emergency response teams. Limits the Federal share of the cost of actions taken by the Administrator under this Act. Establishes in the United States Treasury a Hazardous Waste Response Fund to finance emergency response, removal, containment, cleanup, and other actions authorized by this Act, including administrative and personnel costs. Authorizes appropriations for fiscal years 1981 through 1984 for such fund. Includes in such fund: (1) fees collected under this Act; (2) damage payments received for liability for hazardous waste releases; (3) reimbursements for emergency assistance or for the costs of actions taken for removal, containment, or cleanup of hazardous waste releases; (4) penalties assessed under this Act; and (5) amounts authorized to be appropriated. Imposes fees to be set by the Administrator on: (1) suppliers of petrochemical feedstocks; (2) suppliers of inorganic elements and compounds; and (3) refiners and exporters of crude oil. Specifies the aggregate amounts of fees imposed under this Act which are to be collected from such parties. Authorizes the Administrator to reduce such fees upon his determination that any such feedstock, element, or compound is derived from the waste stream of a production process or from recycled materials. Imposes civil penalties for the failure or refusal to pay such fees. Directs the Administrator to issue regulations prohibiting the release of hazardous waste into the environment. Requires owners or operators of hazardous waste sites and persons responsible for hazardous waste releases or threatened releases violating the regulations issued under this Act to notify the Administrator thereafter. Prohibits any person from knowingly destroying or concealing records relating to hazardous wastes or hazardous waste sites. Authorizes the Administrator to require, by order, any owner or operator of a hazardous waste site or generator of hazardous waste to take such action as may be required for removal, containment, or cleanup of released hazardous waste. Authorizes the Administrator to commence a civil action against any person to impose a civil penalty for violation of regulations issued under this Act, up to $50,000 for single violations, and $250,000 for willful and knowing violations. Authorizes the Administrator to issue abatement orders or to seek equitable relief in the event of hazardous waste releases endangering or threatening to endanger public health or safety. States that the United States district courts shall have jurisdiction to grant such relief. Authorizes criminal penalties and imprisonment upon the owner or operator of a hazardous waste site or upon any other party responsible for a hazardous waste release for failure to comply with the notification requirements of this Act. Authorizes anyone taking actions under this Act as authorized by the Administrator to exercise the entry, inspection, and other authority contained in the applicable inspection provisions of the Solid Waste Disposal Act. Imposes strict liability upon any person causing or contributing to the release or threatened release of hazardous waste into the environment. Specifies the damages and costs for which such person shall be liable and states that such liability shall be to the governmental entity which incurred costs relating to removal, containment, emergency assistance or other actions, and to persons who sustained damages for personal injury, injury to property, and economic loss resulting from such release or threatened release. Stipulates that nothing in this Act shall affect the liability of any person under any other law except that the amount recovered under such other laws shall reduce the amount recoverable under this Act.
United States · United States Congress · 30 October 1979
Amends the International Claims Settlement Act of 1949 to provide for the determination of claims against Vietnam arising out of the taking of U.S. property interests. Requires the Foreign Claims Settlement Commission of the United States to receive and determine the validity and amounts of claims by U.S. nationals against Vietnam arising on or after April 29, 1975. Specifies the type of claims that may be considered. Directs the Commission to certify the amount of loss suffered by each claimant. Stipulates that the amount of any claim which has been assigned shall not exceed the amount of actual consideration paid by the last assignee. Authorizes the Secretary of the Treasury to establish the Claims Fund for the payment of unsatisfied claims against Vietnam upon certification by the Commission. Specifies the priority of payments on such claims. Requires the Commission to complete its duties under this Act within three years. Prohibits fees in excess of ten percent of the claim. Makes specified provisions of existing law relating to the jurisdiction of the Commission, payment of claims, administrative procedure, and employee organizations applicable to the Commission.
United States · United States Congress · 25 October 1979
Pay Continuity Act of 1979 - Appropriates the funds necessary to pay the salaries of employees of the executive branch of Government, Members of Congress, and members of the uniformed services during any period when such funds are not available because the legislation making appropriations to the Government entity responsible for paying such individuals has not been enacted.
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 Foreign Assistance Act of 1961 to authorize the President to furnish disaster relief to alleviate the famine in Cambodia through international agencies to the extent feasible. Stipulates that priority be given to furnishing agricultural commodities under the Agricultural Trade Development and Assistance Act of 1954.
United States · United States Congress · 22 October 1979
Amends the Central Intelligence Agency Act of 1949 to authorize payment of a gratuity (equal to one year's salary at time of death) to the surviving dependents of officers or employees of the Central Intelligence Agency who die as a result of injuries sustained outside of the United States upon a determination by the Director of Central Intelligence that the death resulted from hostile or terrorist activity or occurred in connection with an intelligence activity having a substantial element of risk.
United States · United States Congress · 19 October 1979
Expresses the sense of Congress that the Soviet Union should release Ida Nudel and allow her to emigrate to Israel. Urges the President to: (1) express U.S. opposition to the exile of Ida Nudel to Siberia; and (2) inform the Soviet Union that the United States will take into account the extent to which countries honor their commitments under international law, particularly concerning human rights.
United States · United States Congress · 18 October 1979
Establishes the Interagency Task Force on Suburban Development. Directs the Task Force to conduct and submit to Congress within one year after enactment of this Act a comprehensive study of suburban areas of the United States. Terminates the Task Force 60 days after such study is submitted.
United States · United States Congress · 16 October 1979
Long-Term Care Residents' Rights Act - Declares as the policy of the United States that each resident in a long-term care facility has specified basic rights, such as the right to participate in decision-making regarding his or her medical treatment to the maximum extent possible, and the right to confidential treatment of personal and medical records. Requires that each long-term care facility which participates in a health care program, receives Federal assistance, or is certified for participation in a Federal or State health care financing program secure to each resident such basic rights by meeting specified obligations, including the following: (1) establishing written policies regarding residents' rights and procedures for implementing such policies; (2) informing residents of their rights and of any changes in the policies and procedures of the facility at least 30 days before any such change becomes effective; (3) informing residents of the services and charges of the facility; (4) giving 30-day notice to a resident who is to be involuntarily transferred or discharged from the facility; (5) assisting each resident to exercise his or her rights as a resident and citizen, including filing complaints and voicing grievances; (6) protecting each resident from mental and physical abuse; and (7) permitting residents who are husband and wife to share the same room if they so choose. Prohibits any such facility from: (1) denying admission to or terminating the stay of any resident because of the source of third-party payment; or (2) interfering with the right of any resident to receive primary health care services from sources other than the facility. Amends the Older Americans Act of 1965 to require the long-term care ombudsman program to investigate and resolve complaints made by or on behalf of a resident of a long-term care facility regarding alleged violations of rights secured by this Act. Grants to any individual whose rights under this Act have been violated a cause of action against the facility for damages and other relief in a United States district court without regard to the amount in controversy or exhaustion of remedies. Stipulates that the provisions of this Act shall not apply to any facility: (1) for the mentally ill; (2) owned and operated by the Federal Government or; (3) affiliated with a correctional institution.
United States · United States Congress · 16 October 1979
National Water Resources Policy and Development Act of 1979 - Title I: Directs States to review periodically their water resources needs. Authorizes the States to request the Water Resources Council for detailed studies of specific water resources needs. Directs States to submit to the Council a list of authorized studies which have not been completed and which are necessary to meet identified water resources needs. Authorizes the appropriate Federal water resources agency to make detailed evaluations of specific water resources needs upon referral by the Council. Stipulates that the State or other non-Federal body must agree to pay ten percent of the costs of the study before any study may be initiated. Provides for State employees to work in coordination with the appropriate agency. Requires such agencies to assure that studies are equitably undertaken on a regional basis. Directs States to develop and submit to the Council annually a priority list of water resource needs and projects. Stipulates that such lists will be deemed approved after 60 days unless the Council finds that such list was developed without adequate public participation. Requires reports to be filed by the appropriate agency with the Council and appropriate States upon completion of studies of water resource projects. Provides for the authorization of construction of such projects upon: (1) certification by the Governor to the Council that a project is needed and entitled to priority consideration; and (2) recommendation of construction by the appropriate agency. Stipulates that if a Governor of a State affected by such project objects to the Council within 90 days, then such project must be authorized by Congress. Requires the States or other non-Federal bodies to agree to pay specified percentages of the costs of construction and operation of such projects. Permits the use of the Inland Waterways Trust Fund to pay the non-Federal contribution for commercial inland navigation projects. Requires any revenues from such projects to be shared between the non-Federal interests and the participating Federal agencies based on their percentage contribution to the project. Sets forth the formula for allocating authorized funds by the Council among the States. Terminates projects authorized prior to this Act if: (1) construction has not begun within five years of enactment of this Act; and (2) the project is not on a State's priority list. Authorizes the Council to study and propose legislation authorizing construction of regional water resources projects which have national significance and priority. Directs the Council to select up to 25 of such projects from among projects authorized prior to enactment of this Act which shall be eligible for direct funding by Congress without regard to specific limitations in this Act. Stipulates that such projects, if authorized specifically by Congress, shall be constructed at full Federal cost. Permits States to apply to the Council for loans to finance the construction of projects authorized prior to this Act. Requires the Council to report to Congress concerning: (1) national priorities for water resources development; (2) the needs for cost-effective development of the projects; and (3) the best ways to achieve the maximum efficient use of water supplies from existing Federal projects. Prohibits the construction of water resource projects designed to bring land into production for crops receiving Federal price supports until such studies are submitted. Title II: Amends the Water Resources Planning Act to provide for an independent Water Resources Council. Revises the composition of such Council to include experts in the engineering or economics of water resources development.
United States · United States Congress · 9 October 1979
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish disaster relief to alleviate the famine in Cambodia, through international agencies to the extent feasible. Stipulates that such assistance shall be for humanitarian purposes and limited to the civilian population.
United States · United States Congress · 28 September 1979
National Historic Preservation Amendments of 1979 - Amends the Act known as the "National Historic Preservation Act of 1966" to officially entitle such Act the "National Historic Preservation Act." Declares under such Act, that it is the duty of the Federal Government, in cooperation with other nations, the States, local communities, and private organizations and individuals, to promote the preservation and conservation of the historic, architectural, archaeological, and cultural resources of the United States and of the international community of Nations. Declares that the Federal Government shall give priority to preservation activities for the revitalization of urban areas, the conservation of agricultural areas, the creation of local employment opportunities, and the conservation of energy. Directs the Administrator for Historic Preservation appointed pursuant to this Act to establish and maintain a National Register of Historic Places at the national, State, or local level in accordance with procedures set forth in this Act. Requires that such properties shall: (1) be of national or world heritage significance; (2) involve a direct or indirect public investment; and (3) be legally dedicated to preservation. Directs the Administrator, not later than one year after his initial appointment, to establish an Inventory of Historic Resources on a State-by-State basis. Declares that those properties which are determined to meet the criteria of significance, but which lack the other requirements for inclusion in the National Register, shall be designated as eligible for inclusion on the Register. Makes such Inventory available to all Federal, State, and local government departments, agencies, and instrumentalities. Requires the Administrator to promulgate regulations concerning nondisclosure to the public of any property location where such disclosure would be likely to endanger the property. States that properties included in such inventory and designated as eligible properties shall be treated as certified historic structures under provisions of the Internal Revenue Code, unless the Administrator finds that such treatment would not further the purposes of this Act. Declares that such properties shall be entitled to financial assistance in accordance with provisions of such Act. Directs the Administrator to review, during the one-year period following enactment of this Act, all properties included in the National Register under prior authority of law. Requires the Administrator to include each property designated as "National Historic Landmarks" under prior authority and each property which meets the requirements of this Act in the National Register. Provides that those properties included in the Register under prior authority, but which do not meet all the requirements under this Act shall be designated in the Inventory as "eligible properties." Allows any State or local government carrying out an approved program under this Act or any Federal agency to nominate a property for inclusion in the Register or for inclusion in the Inventory as an eligible property. Requires such information to be included in the Register, as appropriate, unless the Administrator disapproves such nomination within 30 days of its receipt. Allows the Administrator to accept a nomination from any person, if the property nominated is located in a State or political subdivision where there is no approved program. Requires the Administrator to determine the eligibility or inclusion of such property in the Register. Allows the Administrator on his own motion or at the request of any person, to include any property on the Inventory and designate such property as eligible if he determines such property to meet the requirements of this Act. Declares that a property shall be considered of national significance when: (1) the Congress so designates a property; (2) a property is included in the National Park System as a historical unit; or (3) the Administrator determines the property to be of national significance. States that a property shall be considered to be of World Heritage significance when it is included in the World Heritage list maintained in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage. Declares that a property shall be considered a public investment if government agency fund expenditures directly or indirectly contribute substantially to the preservation of such property, or if a Federal income tax deduction or similar State or local measure is taken with respect to the amortization of amounts spent for rehabilitation of a certified historic structure. Provides that a property shall be treated as legally dedicated to preservation when: (1) an easement, or other property interest, requiring preservation of significant features of such property for not less than 30 years is held by any person or government entity or is otherwise legally binding on the owner; (2) such property is under public ownership and managed for preservation; or (3) any State or local law provides for the designation or preservation of such property. Requires the Administrator to promulgate regulations to carry out the purposes of this Act. Directs the Administrator to establish and administer grant-in-aid programs to States and the National Trust for Historic Preservation, and programs of direct grants, loans or loan guarantees for historic preservation. Authorizes the Administrator to make grants to States, upon application, for programs approved under this Act. Prohibits such grants from paying more than 50 percent of the costs of such programs. Provides that the remaining 50 percent shall be contributed by non-Federal sources, and of such percentage not more than 25 percent may be contributed in the form of property or services, or both. Requires the Administrator, upon approval of such programs, to evaluate such programs every four years to determine whether or not such programs are in compliance with the requirements of this Act. Requires the Administrator to conduct periodic fiscal audits of the recipients of Federal grants. States that State and local governments may assume the responsibility for financial and compliance audits of Federal grants received by them and other persons or organizations and their subgrantees. Declares that the Federal Government shall be responsible for audits which deal with economy, efficiency, and program results and for assuring that such financial and compliance audits are conducted under generally accepted audit standards. Directs State and local governments receiving grants to set forth in writing criteria by which they judge whether they are meeting program requirements, to be available for use by the auditors. Directs the Administrator to reimburse State and local governments for actual expenses incurred in conducting such audits. Sets forth the following requirements for approval of State programs: (1) designation by the Governor of a State historic preservation officer; (2) transfer of not less than 50 percent of the grants received to political subdivisions of the State having preservation programs; (3) provision of financial mechanisms for the development of properties on the National Register or in the Inventory of Historic Resources; (4) provision of mechanisms for the acquisition, acceptance of donations, and dedication of fee title in applicable properties; (5) provisions for relocation assistance to persons or businesses affected within the historic district; (6) giving priority to projects that will conserve energy, are labor intensive, or will further urban revitalization or agricultural conservation; (7) provision of a professional acceptable mechanism for the identification, evaluation, and protection of historic properties within the State; and (8) otherwise carrying out the purposes of this Act. Sets forth restrictions for grants made under this Act for the improvement of properties. Prohibits grants made under this Act for the improvement of properties. Prohibits grants made for any single property to exceed $50,000. Prohibits any grant to any State in any fiscal year to exceed ten percent of such funds to carry out a comprehensive statewide survey of historic resources. Requires that no more than 15 percent of such grant be used for improvement of government buildings used for governmental purposes. Sets forth procedures for the allocation by States of grants to political subdivisions. Allows the Administrator to allocate funds to any political subdivision of any State that does not have an approved program within two years after the date of enactment of this Act. Sets forth procedures for approval of State historic preservation programs in effect under prior authority of law. Sets forth conditions for grants and loans that may be made by the Administrator for: (1) the preservation of properties of national or world heritage significance; (2) demonstration projects to preserve any eligible property or property on the National Register; (3) the training and development of skilled labor in trades and crafts and in curation relating to historic preservation; and (4) Indian tribes for the preservation of historic properties. Provides that any such loans made by the Administrator shall be at an interest rate determined by the Secretary of the Treasury guided by applicable provisions of this Act. Authorizes the Administrator to make loan guarantees for any project approved by the State historic preservation officer, or the chief elected official of any State that does not have an approved program. Sets forth conditions for loans and loan guarantees made by the Administrator in consultation with the Secretary of Treasury. Authorizes the Administrator to deem any portion of any record, material, or data received in connection with any financial application as privileged or confidential within the meaning of applicable law. Establishes as an independent agency a Historic Preservation Agency to be under the direction of the Administrator for Historic Preservation, appointed by the President by and with the advice and consent of the Senate. Directs the President to establish an Advisory Council on Historic Preservation to be composed of the following members: (1) the Secretary of the Interior and the Architect of the Capitol; (2) four agency heads (other than the Department of the Interior) whose activities affect historic preservation; (3) representatives of the National Conference of State Historic Preservation Officers, the National Trust for Historic Preservation, and four professionals in the fields of history, architecture, archeology, urban planning, or related disciplines; (4) three State governors or mayors; and (5) three at large members of the general public. Sets forth requirements and procedures to be followed in the operation of the Council. Authorizes the Council to conduct hearings and make determinations and recommendations with respect to the protection of historic properties. Requires the Council, when transmitting legislative recommendations, testimony, or comments on legislation to the President or the Office of Management and Budget, to concurrently transmit such copies thereof to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Sets forth the duties of the Administrator including: (1) advising the President and the Congress on matters relating to historic preservation; (2) encouraging public interest and participation in historic preservation; (3) conducting studies relating to historic preservation and the effects of tax policies on such preservation; (4) assisting State and local governments in drafting appropriate legislation; (5) providing training and education in the field of historic preservation; and (6) maintaining the historic register, surveys, and records of the agency. Requires the Administrator to submit an annual comprehensive report of his activities and the results of his studies to the President and the Congress. Authorizes the Administrator to accept donations and bequests of money and real and personal property, and to use such donations in accordance with provisions of this Act. Directs the Administrator, consistent with the provisions of this Act, to institute a program of education and training relating to historic preservation for Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations connected with the World Heritage Convention. Directs the Administrator to increase the awareness of historic resources and preservation among the student population of the United States, to develop mechanisms to give the public a greater knowledge of historic resources in the cultural heritage of the United States, and to establish a program for training and development of skilled labor in trades and crafts relating to historic preservation. Requires the Administrator to review the policies and programs of Federal agencies whose activities are under the purview of this Act. Directs the Administrator to promulgate guidelines relative to archaeological and historical data for Federal agencies consistent with provisions of this Act. Directs the Administrator, within one year after his appointment, to establish, jointly with the Secretaries of the Interior, Agriculture, and Defense, and the Administrator of the General Services Administration, standards for the management and preservation of federally owned historic properties. Directs the Administrator to review and approve the plans of transferees of surplus federally owned properties eligible for or on the National Register to ensure historic preservation in the rehabilitation of such properties. Requires all Federal agencies administering any program of Federal assistance to any State or local government or under which any Federal approval is required to coordinate such program with the purposes of this Act. Requires such agencies to submit proposals to the Administrator, within 180 days after his appointment, relative to their preservation activities. Directs the Administrator to designate National Historic Landmarks and World Heritage properties and to submit such designations to the appropriate World Heritage properties and to submit such designations to the appropriate congressional committees 30 days after such designations become effective. Directs the Administrator to encourage and coordinate United States participation in the Convention Concerning the Protection of the World Cultural and Natural Heritage and other international historic preservation activities in cooperation with the Secretaries of the Interior and State, and the Smithsonian Institution. Requires the Administrator to establish a program to nominate historic properties to the World Heritage Committee on behalf of the United States. Requires such nominations to be submitted to the appropriate congressional committees 60 days prior to the intended action. Authorizes the participation of the United States as a member of the International Centre for the Study of the Preservation and Restoration of Cultural Property. Authorizes the appropriation of the sums necessary for United States membership in the Centre for fiscal years 1979 through 1989. Directs the Administrator to establish a program to encourage tourism by people of other nations to historic properties of the United States, reflecting the diverse, ethnic and cultural heritages of the citizens of the United States. Requires each Federal agency to notify the Administrator 45 days prior to any undertaking outside the United States that may affect a property on the World Heritage list or which has been nominated for inclusion on such list. Requires the head of each Federal agency to designate a Preservation Officer responsible for coordinating the agency's activities under this Act. Requires each agency having jurisdiction or control over properties on the National Register to submit property management plans to the Administrator for comment within one year after the date of enactment of this Act. Directs the Secretary of the Interior to study and investigate properties included in the National Register which are under the jurisdiction or control of Federal agencies. Authorizes the Secretary to recommend to the President the transfer of administrative jurisdiction or control of such properties to him as a unit of the National Park System. Requires such recommendation to be concurrently submitted to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Authorizes the Secretary, upon the concurrence of the Administrator, to accept gifts or donations of less than fee interests in any properties in the National Register, where such acceptance will facilitate the preservation of such property. Authorizes each Federal agency having authority for management of any real property, with the concurrence of the Administrator, to lease or exchange with any person or organization the management of properties on the National Register. Requires the proceeds of such leases to be retained by the agency to defray the expenses with respect to such properties, and the surplus proceeds to be deposited in the United States Treasury. Allows the heads of such agencies to enter into contracts for the management of such properties. Directs all Federal agencies to cooperate with purchasers and transferees of eligible property or property included in the National Register in the development of plans for uses of such property comparable with preservation and conservation objectives without imposing unreasonable economic burdens on public or private interests. Requires each Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State to survey the affected area to determine the effect of such undertaking on the protection of historic properties. Authorizes the Administrator to promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from the requirements of this Act. Authorizes all Federal agencies to expend appropriated funds for purposes of this Act. Requires each Federal agency to provide the Administrator a 45-day comment period with respect to any program or policy that may affect historic properties. Defines terms used in this Act. Establishes a Historic Preservation Fund in the Treasury of the United States to be funded from revenues payable to the United States under the Outer Continental Shelf Lands Act or the Act of June 4, 1920, or both. States that not less than two-thirds of appropriated funds shall be available for other grants or loans and for the Administrator to carry out his duties under this Act. Directs the Administrator to establish regulations to insure maximum public participation in all activities of the Administrator, the Council, other Federal agencies, States, and units of local governments in carrying out requirements under this Act. Declares that grants made under this Act may not be used to satisfy requirements of other provisions of law requiring matching by State or local funds nor shall they be treated as taxable income for purposes of the Internal Revenue Code of 1954. Grants attorney fees to any person who prevails in any civil action brought in any United States district court against any Federal agency to enforce the requirement relating to the protection of historic properties in connection with the action of a Federal agency. Authorizes the Administrator to establish an annual preservation awards program under which he makes awards to Federal, State, or local government officers or employees in recognition of their outstanding contributions to the preservation of historic resources. Allows the President to award any citizen of the United States recommended for such award by the Administrator. Directs the Administrator to promulgate regulations for carrying out the awards program. Authorizes the Administrator to delegate to any State having an approved program under this Act the authority to carry out responsibilities under the National Environmental Policy Act of 1969 with respect to such approved program. Transfers the provisions of various Acts relating to historic preservation responsibilities from the Secretary of the Interior to the Administrator for Historic Preservation. Authorizes the Administrator to issue an order to postpone for 60 days any action undertaken, or being undertaken, by any Federal agency, or agency or instrumentality of a State or local government, or by any other person if such action may adversely affect any property included in the National Register. Directs the Administrator, during the period, to endeavor to develop an acceptable preservation plan for the affected property, or to exercise his emergency acquisition authority provided under this Act. Provides procedures for the assessment of civil penalties for violations of such orders, and for judicial review in the United States District Court for the District of Columbia or any other district in which such person resides. Provides procedures for administrative hearings for the assessment of civil penalties. Establishes the Pension Building in Washington, District of Columbia, as a national historic site to be named the "National Center for the Building Arts." Requires the Administrator of the General Services Administration to transfer such building and lands to the jurisdiction of the Secretary of the Interior. Directs the Secretary to administer the management of the Center in accordance with provisions of this Act and other Acts generally applicable to units of the National Park System. Authorizes the Secretary to enter into contracts with the National Building Arts Foundation relating to management of such Center. Appropriates $15,000,000 to be used for the renovation of the Center. Establishes a National Building Arts Foundation and specifies programs it shall carry out relating to the building arts. Directs the Foundation to coordinate its activities with other public and private organizations and individuals in order to avoid duplication of efforts relating to the functions of the Foundation. Establishes a Board of Trustees of the Foundation and provides for the funding of the Foundation. Directs the General Accounting Office to review and audit regularly the accounts of the Foundation to determine the ability of the Foundation to pay for the functions of the Center. Requires the Foundation to submit annually a report to the appropriate congressional committees containing a statement of its activities pursuant to this Act and a proposal for its programs during the succeeding four years. Provides emergency acquisition procedures for the Administrator for any properties eligible for or in the National Register where such properties are threatened with demolition or impairment. Directs the Administrator, in consultation with the American Folklife Center of the Library of Congress and the Buildings Arts Foundation, to report within two years after the date of enactment of this Act, to the President and the Congress on preserving and conserving the intangible elements of our cultural heritage. Requires the report to include recommendations for legislative and administrative action by the Federal Government relating to such heritage. Directs the Administrator for the Historic Preservation Agency to submit the following reports: (1) to the President and the Congress within eight years on the operation of the Historic Preservation Fund; (2) to the Congress within 90 days of his appointment on his study of the Pennsylvania Avenue Development Corporation; (3) to the President and Congress within one year of his appointment on recommendations with respect to Federal tax laws relating to historic preservation; and (4) to the President and the Congress within two years of enactment of this Act on recommmendations for the creation of a National System of Cultural Parks. Amends the Pennsylvania Development Corporation Act to require any historic property demolition, or other rehabilitation, to be in accordance with applicable Federal and District of Columbia laws.
United States · United States Congress · 27 September 1979
Directs the Secretary of the Treasury to reimburse State and local governments upon submission of an application for reimbursement for providing special protection to foreign diplomatic missions, foreign officials, or foreign heads of state or government in specified circumstances.
United States · United States Congress · 27 September 1979
Expresses the sense of the House of Representatives that the President should direct our United Nations Ambassador to seek an emergency agenda item concerning an emergency food and medical relief program for the people of Cambodia.
United States · United States Congress · 26 September 1979
Amends the Internal Revenue Code to provide that the standard mileage rate used in computing the charitable deduction for expenses incurred in the operation of a motor vehicle shall be the same as the standard mileage rate established by the Secretary of the Treasury for the business related deduction.
United States · United States Congress · 14 September 1979
Veterans' Rehabilitation and Education Amendments of 1979 - Title I: Revision of Vocational Rehabilitation Program - Revises veterans' vocational rehabilitation provisions to declare the purpose of this Act to be to provide all services necessary to enable veterans with service- connected disabilities to attain maximum independence, to become employable, and to obtain and maintain suitable employment. Redefines "vocational rehabilitation" to include the provision of all services required to achieve the purpose of this Act, including discharge, medical, social, psychological, economic, and vocational services (presently defined in terms of educational and vocational training to restore employability). Defines "employment handicap" as a disability impairing a veteran's ability to prepare for, obtain, or retain employment consistent with his or her abilities, aptitudes, and interests. Revises entitlement provisions to: (1) make eligibility run as of September 16, 1940, (rather than World II as at present); (2) require a handicap to be an employment handicap as defined by this Act; and (3) provide for follow up vocational services to a rehabilitated veteran in order for such veteran to enter new employment more suitable to his or her current capacity or condition. Eliminates the language extending eligibility for specified veterans to October 15, 1971. Sets forth the scope of services, including: (1) evaluation of rehabilitation potential; (2) educational, vocational, and personal counseling; (3) a vocational rehabilitation plan; (4) vocational and related services including tutorial services, tuition, books, and other training materials; (5) treatment for mental and emotional disorders; (6) medical care; (7) prosthetic and other corrective devices; (8) placement and postplacement services; (9) services to a veteran's family; (10) special rehabilitation services, including services for the blind and the deaf; (11) subsistence allowances; (12) essential employment equipment and supplies for severely disabled veterans requiring homebound training and or self-employment; (13) transportation costs, including pre- and post-training services; and (14) work study allowance, loans, and other incidental goods and services. Revises duration of services provisions to: (1) provide basic vocational rehabilitation services for 48 months; (2) remove the nine year (from discharge) eligibility limitation; and (3) provide a 12 month rehabilitation evaluation period. Revises subsistence allowances provisions to: (1) provide for payments during the evaluation of vocational rehabilitation period; (2) provide payments for unpaid on-job training or work experience in a Federal agency or during such evaluation period; (3) pay room and board expenses for individuals pursuing a program on a residential basis in a specialized rehabilitation facility; (4) provide that vocational payments be paid on a full-time basis for two months following a determination of employability; (5) set forth the rate of payment for individuals in unpaid Federal training or work experience; (6) prohibit payments to incarcerated individuals; and (7) provide for advance payment of subsistence allowances. Authorizes personal adjustment counseling and counseling during the evaluation of rehabilitation feasibility period. Sets forth basic requirements of a vocational rehabilitation program, which shall include: (1) participation by the veteran in formulation of a written plan; and (2) a statement of objectives and goals, services and a time schedule for providing such services, and a projected completion date. Revises leave of absence provisions to remove the 30 day per year limitation on such leave. Revises the regulation of conduct provisions to remove the three-month forfeiture of subsistence allowance penalty for unsatisfactory conduct and to replace the permanent disqualification for further vocational rehabilitation penalty with a provision allowing the Administrator of Veterans' Affairs to reinstate such benefits upon satisfactory conduct. Increases the maximum amount of loans available to a veteran from $200 to $400. Authorizes vocational rehabilitation to veterans hospitalized (not pending final discharge) in VA or non-VA medical facilities. Authorizes vocational training outside the United States (presently prohibited for post-World War II veterans who were not citizens at the time of their United States military service). Provides that any Federal agency's facilities may be used to provide unpaid training or work experience as part of a veteran's vocational rehabilitation program. States that such a veteran shall be deemed a Federal employee for workmens' compensation purposes but not for the purposes of laws administered by the Office of Personnel Management. Authorizes the Administrator of Veterans' Affairs to use the facilities, staff, and other resources of any Federal agency to provide services under this Act. Directs the Administrator to assist in the development of employment and on-job training opportunities, including payments to employers for providing on-job training to certain veterans. Directs the Veterans Administration (VA) to: (1) provide employment assistance, including direct employment placement, utilization of Federal, State, and nonprofit private employment services and securing loans and paying business license fees; (2) provide vocational rehabilitation staff training and development; and (3) carry out an ongoing program of rehabilitation research and special projects, including grants and contracts with public and nonprofit agencies. Directs the Administrator to appoint a Veterans' Advisory Committee on Rehabilitation. Revises provisions concerning the limitation on periods of assistance under two or more veterans' educational assistance programs to include post-Vietnam era benefits within such limitation, and to provide a 48 month aggregate eligibility period for vocational rehabilitation and other educational assistance. Title II: GI Bill Educational Assistance Program Amendments: Part A - Educational Assistance for Veterans - Authorizes the Administrator to disapprove a veteran's or serviceperson's application for educational assistance if enrollment would be prohibited by any of the appropriate administrative provisions. Eliminates the 50 percent employment reporting requirement for courses if: (1) veteran and eligible dependent or survivor enrollment does not exceed 35 percent of total enrollment (for the two-year reporting period); and (2) the course had met the employment requirements for two consecutive reporting periods. Eliminates the requirement that a major portion of an open circuit television course must require conventional classroom or laboratory attendance in order to be approved by the Administrator for assistance. Eliminates computing persons receiving Federal educational assistance from the "85-15" enrollment eligibility requirement. Eliminates the course completion time provision as a requirement for satisfactory educational progress with regard to discontinuance of educational assistance. Revises foreign study provisions to authorize such study if: (1) the course is part of a standard college degree program (or its equivalent) at an institution of higher learning so recognized by the foreign country; and (2) the Administrator approves. Provides that an incarcerated veteran pursuing a program of education shall be paid at the same rate as half-time and active duty recipients. Authorizes assistance for continuing education or training required by Federal, State, or local law for professional or vocational relicensure or continued employment. Provides that such continuing education shall be paid at the same rate as refresher training. Stipulates that educational assistance for a veteran pursuing an eligible (as revised by this Act) open circuit television course shall be paid in the same manner as an independent study program. Part B - Educational Assistance for Dependents and Survivors of Veterans - Authorizes the Administrator to disapprove an eligible survivor's or dependent's application for educational assistance if enrollment would be prohibited by any of the appropriate administrative provisions. Prohibits such individuals from enrolling in an educational institution not located in a State or in the Republic of the Philippines unless: (1) the course is part of a standard college degree (or its equivalent) at an institution of higher learning so recognized by the foreign country; and (2) the Administrator approves. Revises provisions concerning advance educational assistance payments to such individuals to: (1) authorize direct payments to an eligible individual (presently payments must be made to a parent or guardian); (2) eliminate certain certification requirements; (3) provide that payments for an eligible (as revised by this Act) open circuit television course shall be paid in the same manner as an independent study program; and (4) provide that an incarcerated individual pursuing a program of education shall be paid at the same rate as half-time and active duty recipients. Part C - Amendments Relating to Administration of Educational Benefits - Revises provisions concerning the period for which educational or subsistence allowances will be paid for eligible veterans or persons to provide that: (1) the individual must be pursuing a course of study (presently required to be enrolled); (2) the Administrator shall determine regulations regarding eligibility; and (3) payment shall be for the stated period of enrollment, or the actual period of enrollment, whichever is shorter. Requires veterans and other individuals to report any changes in their educational status to the Administrator. Requires educational institutions to report any facts that they know or should have known concerning their compliance with, or eligibility for, such educational assistance. Revises overpayment provisions to: (1) make individual recipients liable (presently only the educational institution is liable); and (2) provide that a waiver of individual liability shall not release such institution from liability. Includes "residence" in the definition of a full-time undergraduate course. Defines "in residence on a standard quarter- or semester-hour basis" to require pursuit of regularly scheduled weekly class instruction on campus at the rate of one standard class session per week throughout the semester for one semester hour of credit. Provides for payments to veterans and eligible persons attending non-degree courses during periods between terms which do not exceed 15 calendar days and periods when the school is not in session because of teacher conferences or teacher training sessions (not to exceed five days in any 12-month period). Terminates the (veterans') education advisory committee as of December 31, 1989. Includes post-Vietnam era veterans' educational assistance, and deletes vocational rehabilitation, within such committee's responsibility. Title III: Repeal of Authority to Pursue Predischarge Education Training (PREP) Under Chapter 32 - Repeals specified provisions authorizing servicepersons to participate in the predischarge education training program (PREP). Title IV: Miscellaneous Provisions - Authorizes the Administrator to release information to a consumer credit agency concerning veterans' benefits debts to: (1) obtain current addresses of debtors; (2) obtain credit reports in order to assess a debtor's ability to repay; and (3) give notice of the outstanding obligation. Prohibits the VA from making such disclosure until 30 days have elapsed after reasonable efforts have been made to notify the individual of the VA's intention to disclose debt information. Prohibits disclosure of such information by the VA in a case of a disputed claim until the accuracy of the information is determined or until the Administrator reviews such claim. Provides that records disclosed to a consumer reporting agency may be used only for the purpose provided for by this Act, and that the Privacy Act does not apply to such disclosure. Authorizes the disclosure by the Administrator of names and addresses from use in a collection proceeding for debts owed for any Veterans' Administration benefits program. Includes required drills and field exercises within the category of National Guard activities which are considered active duty for training for purposes of veterans' reemployment rights. Defines "person" for purposes of veterans' survivors and dependents special restorative training to mean children of veterans. Title V: Effective Date - Provides that the provisions of this Act shall take effect on the first day of the second month after the date of enactment of this Act.
United States · United States Congress · 13 September 1979
Directs the Director of the International Communication Agency to make available to the Administrator of General Services the film, "Reflections: George Meany", for distribution in the United States.
United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, and insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active- duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product. Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services; (2) health clinic services, including rural health clinic services; (3) home dialysis supplies; (4) tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lenses after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health-care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO: and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the maximum reasonable cost for such service; and (2) drugs and hearing aids in accordance with the lowest of: (A) the provider's fee charged for dispensing the drug or hearing aid; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtainable by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health-care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-, SSI-, AFDC-eligible residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare- eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (PL 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an advocate, to assist consumers in determining and protecting their rights to services; and (3) an inspector general, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B, Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State-chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3)that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services, and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health- care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI- Effective Dates, Transition Provisions, Amendments - Part A, Effective Dates and Transition Provisions - Sets forth effective dates for provisions of this Act. Provides for a special national premium rate for the period between October 1 and December 31 of the year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI: - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45-consecutive-day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost". Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 5 September 1979
Condominium-Cooperative Conversion Moratorium Act of 1979: For Tenant Protection and for the Preservation of Rental Housing - Title I: Condominium-Cooperative Conversion Moratorium - Prohibits the use of federally related mortgage loans for condominium or cooperative conversions. Prohibits any Federal grant, loan, insurance, or other form of assistance from being utilized, directly or indirectly, with respect to condominium or cooperative conversions. Prohibits the use of any means or instruments of transportation or communication in interstate commerce or of the mails with respect to condominium or cooperative conversions and sets forth criminal penalties of not more than $50,000 in fines and/or not more than five years imprisonment for violations of such provisions. Specifies that the provisions of this title shall apply for three years following the date of enactment of this Act. Title II: Presidential Commission - Directs the President to establish a Commission on Problems Relating to Condominium-Cooperative Conversions which shall study the problems resulting from the conversion of residential rental units to units in condominium or cooperative projects. Requires the Commission to report its findings, conclusions, and recommendations concerning solutions to such problems to Congress. Title III: Assistance for Persons Displaced by Condominium-Cooperative Conversions and Restrictions on Community Development Block Grants - Prohibits any lender or Federal instrumentality, for three years after the date of enactment of this Act, from making a federally related loan, grant, insurance, or other form or assistance which is to be used, directly or indirectly, with respect to the conversion of residential rental units in a condominium or cooperative project, unless the person who is to carry out such conversions certifies to the lender that such person has entered into, or made an offer to enter into, a contract which obligates such person to pay such household for actual and reasonable moving expenses up to $400. Sets forth criminal penalties of not more than $50,000 in fines and/or not more than five years imprisonment for violations of such provisions. Amends the Housing and Community Development Act of 1974 to prohibit any unit of government from making any grants under this title unless the Secretary of Housing and Urban Development makes a determination that the unit of government does not permit the conversion of residential rental units for low- or moderate-income households to units for higher income persons in condominium or cooperative projects unless all the displaced persons are assured of obtaining decent, safe, and sanitary rental housing with rental charges similar to those units from which such persons are displaced. Title IV: Amendments of the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to provide that the gain from conversion of residential rental property into condominium or cooperative housing shall be treated as gain which is ordinary income.
United States · United States Congress · 2 August 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase from $255 to $750 the amount of the lump-sum death payment allowed thereunder, in the case of an individual whose estate is valued at $5,000 or less.
United States · United States Congress · 2 August 1979
Federal Employees Dental Benefits Act of 1979 - Directs the Office of Personnel Management (OPM) to contract for the following dental benefits plans for Federal employees: (1) a service benefit plan; (2) an indemnity benefit plan; (3) employee organization plans; and (4) health maintenance organization plans. Requires that the benefits under such plans include: (1) diagnostic services; (2) preventive care; (3) emergency dental care services; (4) fillings; and (5) extractions. Permits a plan, subject to approval of the OPM, to: (1) offer additional benefits; (2) require copayments not exceeding 50 percent of the value of such additional benefits; (3) limit the amount a beneficiary may be paid during a calendar year under such a plan; and (4) impose a calendar year deductible for each beneficiary. Allows the OPM to enter into contracts for such plans without regard to specified provisions of Federal law requiring competitive bidding. Sets forth requirements concerning: (1) the length and rates of such a contract; and (2) obligations of any carrier of such a plan. States that such contracts are not subject to the Federal Procurement Regulations. Directs the OPM to establish audit requirements which do not conflict with such Regulations to carry out the purposes of this Act. Allows an employee to enroll in a dental benefits plan as an individual or for self and family. Permits certain annuitants to continue enrollment in such a plan under conditions of eligibility prescribed by regulations of the OPM. Prohibits an individual from enrolling both as an employee or annuitant and as a member of the family. Specifies conditions under which an employee may change enrollment. Specifies the biweekly contributions of the Government and the enrolled individual toward the subscription charge of a dental benefits plan. Directs the OPM to provide individuals who are eligible for such a plan with sufficient information to enable the individual to make an informed choice among the types of plans. Requires that each enrolled individual receive a document summarizing: (1) the benefits of the plans; (2) the procedure for obtaining benefits; and (3) all provisions of the plan affecting the individual. Creates the Employees Dental Benefits Fund into which the contributions of the Government and enrolled individuals shall be paid. Directs the OPM to: (1) administer this Act; (2) make a continuing study of the operation of this Act and of the plans under this Act; and (3) transmit an annual report of its findings to Congress. Authorizes expenditures from the Employees Life Insurance Fund to pay administrative expenses of the OPM in carrying out provisions of this Act. Requires the reimbursement of such expenditures plus interest from the Federal Employees Dental Benefits Fund.
United States · United States Congress · 2 August 1979
Repeals the requirement, under title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act, that the amount of monthly OASDI benefits payable to a spouse or surviving spouse be reduced by the amount such spouse or surviving spouse receives in monthly payments from a Federal or State pension fund.
United States · United States Congress · 2 August 1979
Illegal Alien Control Act of 1977 - Directs the Attorney General to establish a border patrol force of not less than 3,800 officers. Directs the Attorney General to report to the President and the Congress on the feasibility of: (1) establishing a system for issuing machine-readable identification cards to aliens entering the United States; and (2) utilizing the most current technology in electronic sensing devices in patrolling land borders. Amends the Immigration and Nationality Act to exclude from the definition of the term "immigrant" those persons entering the United States for a period of not more than one year to perform temporary services or labor if the Secretary of Labor has determined and certified to the Attorney General that there are not sufficient workers available at the aliens' destination who are willing and able to perform such services. Directs the Secretary to refer to employers who request such certification, workers in the number desired, able and qualified, and who agree to present themselves to commence employment on the date and for the period specified. Directs the Secretary of Health, Education, and Welfare to issue social security cards for aliens who may be employed or receive public assistance in the United States. Specifies the information which an alien must provide when applying for a social security card. Requires the applicant to supply either proof of the individual's citizenship or alien status, or an affidavit that the individual was assigned a social security account number at least five years before the date of application for the card. Prohibits the employment or provision of public assistance to an individual specified in this Act unless such individual presents a social security card to the employer or agency and the employer or agency submits required information to the Secretary. Establishes a civil penalty for the violation of such prohibition. Prohibits the employment or provision of public assistance to an alien whose status under the Immigration and Nationality Act does not permit such alien to work or receive public assistance. Establishes penalties for presenting a false social security card or providing fraudulent information in order to obtain employment or public assistance. Amends the Comprehensive Employment and Training Act of 1973 to prohibit the use of Federal financial aid to provide job training or employment opportunities to aliens who are not authorized to work or who are illegally in the United States. Amends the Internal Revenue Code to prohibit income tax deductions for wages paid to aliens illegally working in the United States. Amends the Immigration and Nationality Act to prohibit the Secretary of Labor, when adjudicating the petition of an alien for admission to perform skilled or unskilled labor, from considering the work experience gained by the alien in the United States during any time while in an immigration status in which employment was not authorized for the alien. Amends the Social Security Act to prohibit the payment of Aid to Families with Dependent Children benefits and Medicaid benefits to illegal aliens. Adds border crossing cards, alien registration receipt cards, and other documents prescribed by regulation for entry into the United States to the list of documents the false making of which shall be punished by fine or imprisonment or both.
![Official portrait of Rep. Wolff, Lester L. [D-NY-6]](https://www.congress.gov/img/member/w000680_200.jpg)