United States · United States Congress · 5 October 1977
Urges the International Whaling Commission to adopt a ten-year moratorium on the commercial killing of whales, and to undertake the management of unprotected, small cetacean. Encourages specified nations to comply voluntarily with a ten-year moratorium on such killing, as endorsed by the United Nations.
United States · United States Congress · 3 October 1977
Stipulates that the annuity of a Federal employee retiring with at least five years but less than 20 years of service as a law enforcement officer or firefighter, or any combination thereof, shall be computed by multiplying 2 1/2 percent of such employee's average pay by the years of service as a law enforcement officer or firefighter.
United States · United States Congress · 16 September 1977
Grants survivor benefits to dependents of present or former members of the armed forces who die before becoming entitled to retired pay for non-regular service. Stipulates that such amount be 55 percent of the retired pay to which such member would have been entitled. (Adds 10 U.S.C. 1448(e))
United States · United States Congress · 12 September 1977
Directs the Secretary of the Treasury to pay a certain individual an amount determined by the Administrator of Veterans' Affairs to be due her for retroactive benefits for the death of her son.
United States · United States Congress · 12 September 1977
Amends the Internal Revenue Code to: (1) remove the adjusted gross income limitation on the credit for the elderly; (2) increase the amount of the credit; and (3) provide an annual cost-of-living adjustment for the credit.
United States · United States Congress · 9 September 1977
Expresses the sense of the Congress that any right to, title to, or interest in the property of the United States Government agencies in the Panama Canal Zone or any real property and improvements thereon located in the zone should not be conveyed, relinquished, or otherwise disposed of to any foreign government without specific authorization of such conveyance, relinquishment, or other disposition by any Act of Congress.
United States · United States Congress · 28 July 1977
Declares the sense of the Congress that the President and the Secretary of State should take all necessary steps to bring the Baltic States question before the United Nations and to urge the United Nations to request the Soviet Union to withdraw all non-native troops, agents, colonists, and controls from the Republics of Lithuania, Latvia, and Estonia, and to return all Baltic exiles from Siberia and from prisons and labor camps in the Soviet Union. Requires the Secretary of State to do his utmost to bring the matter of the Baltic States to the attention of all nations by means of special radio programs and publications. Declares that the United States should not agree to the recognition of the Soviet Union's annexation of Lithuania, Latvia, and Estonia. Directs the President to take steps to provide that all maps of Europe show the Republics of Lithuania, Latvia, and Estonia as independent states. Calls for a return of self-determination to the peoples of Lithuania, Latvia, and Estonia through free elections conducted under the auspices of the United Nations.
United States · United States Congress · 27 July 1977
Amends Title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act to add burial plots or crypts to the items excludable from an individual's resources in determining his or her eligibility for Supplemental Security Income and Medicaid benefits.
United States · United States Congress · 14 July 1977
Makes it unlawful for any individual or entity to solicit to enroll or enroll any member of the armed forces in any labor organization, or for any member of the armed forces to join, or encourage other members to join, any labor union. Prescribes a penalty of not more than five years imprisonment for any individual violating this Act, and a fine of not less than $25,000 nor more than $50,000 for any labor organization in violation of this Act. (Adds 10 U.S.C. 975)
United States · United States Congress · 12 July 1977
Amends the Internal Revenue Code to exclude certain military retirement pay from gross income when such pay is essentially equivalent to a veteran's disability pension which is excludable.
United States · United States Congress · 11 July 1977
Repeals the Postal Reorganization Act. Reenacts provisions relating to the postal service which were in effect immediately prior to the enactment of such Act.
United States · United States Congress · 30 June 1977
Declares it the sense of the House of Representatives that the Government of the United States should maintain its rights and jurisdiction over the Panama Canal and the Panama Canal Zone.
United States · United States Congress · 20 June 1977
Wildlife on Federal Lands Trapping Act - Requires the Secretary of the Interior to issue such regulations, relating to trapping, as are necessary to carry out the purposes of this Act. Prohibits the Secretary from approving any type of trap unless such trap utilizes the most humane capture method available for the species concerned, and minimizes the probability of capturing species for which such trap was not intended. Directs the Secretary to undertake a research program to develop such types of traps. Establishes an advisory commission to make recommendations to the Secretary with respect to traps designed or intended for use. Prohibits the Secretary from permitting trapping on Federal lands where such trapping may reduce any species below specified levels. Sets forth a procedure for the application and issuance of trapping permits. Requires the attachment of a shipping certificate to any package containing the fur, hide, skin, horn, or feathers of any mammal or bird captured by any trap within any State or the District of Columbia if such package is transported in interstate or foreign commerce. Establishes criminal penalties for: (1) engaging in trapping without a permit issued pursuant to this Act; (2) violating any condition of such permit; (3) violating any regulation of the Secretary relating to trapping; (4) selling or transporting in interstate commerce an unapproved trap; or (5) falsifying the shipping certificate. Authorizes the Secretary to enter into cooperative agreements with States with respect to the imposition of trapping regulations consistent with those prescribed under this Act. Authorizes such appropriations as may be necessary to carry out the purposes of this Act.
United States · United States Congress · 13 June 1977
Prohibits the expenditure of Federal funds for the conversion of highway signs to the metric system unless the Congress specifically authorizes such an expenditure.
United States · United States Congress · 2 June 1977
Amends the Department of Defense Appropriation Act, 1977, to repeal the prohibition of expenditure of funds for claims for nonemergency inpatient hospital care under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) when such care was available at a facility of the uniformed services within a 40-mile radius of the patient's residence.
United States · United States Congress · 2 June 1977
Declares that it is the sense of the Congress that the United States Postal Services should not reduce the frequency of mail delivery service for any user of the mails below the frequency of such service which was in effect for such user of June 1, 1977.
United States · United States Congress · 1 June 1977
Amends Titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require automatic sprinkler systems in all skilled nursing facilities and intermediate care facilities certified for participation in the Medicare or Medicaid programs unless a waiver of such requirement is granted in accordance with conditions set forth in this Act. Establishes a program of low-interest Federal loans to assist such facilities in constructing or purchasing and installing automatic sprinkler systems.
United States · United States Congress · 18 May 1977
Amends Title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act to require that resident aliens reside continuously in the United States for five years to qualify for supplemental security income benefits. Amends the Immigrations and Nationality Act to prevent an immigrant from entering the United States unless a United States citizen (immigration sponsor) executes a document, signed in the presence of an immigration officer, agreeing to support the immigrant for five years from the date of his admission at 125 percent of the current poverty level rates. Excuses the immigration sponsor from performance of the agreement if such sponsor dies or is adjudicated a bankrupt.
United States · United States Congress · 18 May 1977
Constitutional Amendment - Provides that total appropriations shall not exceed estimated revenues. Authorizes the suspension of such prohibition in time of war or national emergency. Prohibits any increase in the national debt as it exists on the date this article is ratified. Sets forth a schedule for repayment of the national debt.
United States · United States Congress · 10 May 1977
Credits female members of the armed forces, for purposes of computing years of active service in the armed forces, with service performed during World War I by such individuals as members of telephone operating units of the Army.
United States · United States Congress · 9 May 1977
Amends the Federal Election Campaign Act of 1971 to (1) prohibit all political committees, other than National, State, or local committees of national political parties from making contributions to candidates or their committees and (2) forbid all political committees from making contributions to other political committees, with the exception of transfers between and among National, State, and local party committees.
United States · United States Congress · 5 May 1977
Authorizes the President of the United States to designate the week beginning on the Sunday preceding the fourth Thursday in November of each year as "National Family Week".
United States · United States Congress · 2 May 1977
Amends the Rules of the House of Representatives to transfer the responsibility for investigating Communist and subversive organizations affecting the internal security of the United States to a standing Committee on Internal Security established by this Resolution. Confers upon such committee the responsibility for investigating all organizations within the United States aimed at overthrowing or altering the Government of the United States by force, insurrection or other unlawful means or inciting or employing violence to obstruct the authority of the Federal Government with respect to matters of internal security of the United States.
United States · United States Congress · 29 April 1977
Expresses the sense of Congress that the Secretary of Defense shall at the earliest opportunity inter an Unknown Soldier in Arlington National Cemetery and make permanent display of representative medals, ribbons, and tributes of the Vietnam War in the Arlington Memorial Amphitheater.
United States · United States Congress · 28 April 1977
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition certain assistance to States, local governments, and agencies thereunder on the adoption of a law enforcement officers' bill of rights to include as a minimum the following: (1) allowing off-duty officers' to engage in political activities; (2) granting officers specified procedural rights in connection with investigations of their conduct on duty which may lead to a personnel action; (3) requiring officer representation on any police complaint review board established in the jurisdiction; (4) prohibiting mandatory disclosure of officers' finances; and (5) establishing a law enforcement officers' grievance commission in the jurisdiction to determine officer grievances.
United States · United States Congress · 25 April 1977
Directs the Secretary of the Army to establish one or more national cemeteries in the central west coast area of Florida, and to acquire such land as may be necessary for such establishment. Directs the Administrator of the General Services Administration, upon request, to transfer to the Department of the Army without reimbursement or transfer of funds any Government-owned land in the central west coast of Florida which the Secretary may determine suitable for a national cemetery. Authorizes the Secretary to use for these purposes any Government-owned land in the area under his own jurisdiction which is no longer needed for military purposes. Authorizes such appropriations as may be necessary to carry into effect the purposes of this Act.
United States · United States Congress · 19 April 1977
National Meals-on-Wheels Act - Amends the Older Americans Act of 1965 to allow States to distribute Federal Funds for the establishment of: (1) projects to provide home-delivered meals to qualified homebound elderly persons; (2) an information and referral system for homebound individuals receiving such meals; and (3) an operation to seek volunteer personnel for the delivery of such meals and to compensate such personnel for related transportation expenses. Authorizes the appropriation of specified sums in fiscal years 1978 and 1979 for the purpose of providing home-delivered meals under this Act. Limits to five percent the amount of such funds which may be spent upon the administration of such program. Directs the Commissioner of the Administration on Aging to conduct a demonstration project involving at least three States to determine the feasibility of using the meals system designed by the National Aeronautics and Space Administration for the elderly as a component of, or substitute for, regular nutrition projects assisted under the Older Americans Act of 1965.
United States · United States Congress · 5 April 1977
Student's Freedom of Choice Act - Amends the National Labor Relations Act and the Railway Labor Act to prohibit an employer from discriminating against an employee who is enrolled in a full-time program of secondary, vocational, or higher education for nonmembership in or failure to provide financial support to a labor organization.
United States · United States Congress · 5 April 1977
Amends the National Labor Relations Act and the Railway Labor Act to repeal provisions allowing an employer and a labor organization to enter into an agreement to require membership in such organization as a condition of employment.
United States · United States Congress · 5 April 1977
Federal Employee Freedom of Choice Act - Declares that all Federal employees have the right to form, join, and assist a labor organization or to refrain from any such activity without fear of penalty or reprisal. Excludes from the definition of "labor organization," as used in this Act, any organization which: (1) asserts the right to strike against the Federal Government; (2) advocates the overthrow of the constitutional government; or (3) discriminates with regard to race, color, creed, national origin, or sex.
United States · United States Congress · 28 March 1977
Title I: Survey and Certification, Rate-Setting and Audit, and General Regulation of Long Term Care Facilities Under Medicaid Programs - Directs that State plans under Title XIX (Medicaid) of the Social Security Act must provide that no skilled nursing facility may receive payments under such plan unless and until it is approved to receive payments under Title XVIII (Medicare) of the Social Security Act. Requires the State plan to give the State agency the power to terminate reimbursement to a skilled nursing or intermediate care facility which such agency has found has violated its provider agreement. States that payment of the skilled nursing facility and intermediate care facility services shall be based upon a prospective cost based method of computation in which the audited costs of rendering service in such facilities in a prior year is updated through the use of economic indices to the year in which payment is made. Requires that any skilled nursing facility or intermediate care facility receiving payments under such plan be required to maintain with the State agency a bond in such amount, under such terms, and in such form as the State agency may direct. Title II: Medical, Psychological, and Social Assessment of Patients In Need of Long Term Care under Medicare and Medicaid Programs - Directs that payments for services furnished an individual may be made only to eligible providers of services and only if a physician certifies that such services are necessary, based on such patient assessment criteria as the Secretary may require.
United States · United States Congress · 28 March 1977
National Home Health Care Act - Broadens the coverage of home health services under Title XVIII (Medicare) of the Social Security Act and removes the 100-visit limitation presently applicable to the home health service program. Extends the coverage of posthospital home health services to include payment for items and services which the individual could otherwise obtain in a skilled nursing facility. Amends Title XIX (Medicaid) of the Social Security Act to require the inclusion of home health services in a State's Medicaid program and permit the payment of rent under such program for elderly and handicapped persons who would otherwise require nursing home care. Provides expanded Federal funding for congregate housing for the displaced and the elderly by increasing the amount available for such housing under the low-income housing program. Establishes, in the Department of Health, Education, and Welfare, a Home Health Patient Ombudsman, who shall be appointed and provided with adequate staff and facilities by the Secretary. Makes it the duty and responsibility of the ombudsman to monitor specified programs under the Social Security and the various medical assistance programs under the State plans approved pursuant to such Act, and to maintain such oversight of those programs and their operation and administration as may be necessary to: (1) assure that home health patients under such programs are receiving the care to which they are entitled: (2) provide safeguards against over-charging for home health services; (3) identify abuses against home health patients; (4) receive, handle, and expedite complaints by home health patients; (5) recommend to the Secretary any changes in the regulations affecting home health services which may appear necessary or desirable; and (6) take appropriate action (including the transmission of findings to the Attorney General) with respect to abuses and violations of law affecting the provision or receipt of home health services under such programs. Requires the Secretary of Health, Education, and Welfare to conduct a study and report to the Congress on the feasibility of extending to the Medicare program the prospective cost-related method of computing payments to nursing homes and home health agencies which is currently provided under the Medicaid program.
United States · United States Congress · 24 March 1977
Prohibits rules promulgated by any Federal agency (except an emergency rule which must become immediately effective to prevent serious injury or the substantial frustration of legislative policies or intent) from becoming effective until such proposed rules have been submitted to Congress and a 60-day period has lapsed thereafter. Prevents such rules from becoming effective if disapproved by either House of Congress within such 60-day period. Permits disapproved of emergency rules. Prohibits the submission to Congress of any rule identical to one which has been disapproved unless submitted pursuant to new legislative authority which has been enacted affecting the agency's powers with respect to the subject matter of such rule. Renders agency rules dealing with emergency or routine matters or which will have an insignificant impact effective without publication of advance/notice of proposed rule making proceedings in the Federal Register as is currently required. Renders any rule granting an exemption to another rule or which is exempt from public notice and comment requirements effective immediately.
United States · United States Congress · 24 March 1977
Food Additive Safety Amendments - States that a food additive shall be deemed safe if the Secretary of Health, Education, and Welfare (1) makes a finding, based on recommendations of an advisory committee, that the public benefit from permitting the use of such additive would exceed the public risk which might result from such use; (2) gives notice in the Federal Register of such a finding and invites public comment thereon; and (3) issues a final order not earlier than 120 days of such publication in the Federal Register of such findings. Specifies factors the Secretary must take into consideration when evaluating a food additive. Deems saccharin a safe food additive unless the Secretary declares it unsafe under the provisions of this Act.
United States · United States Congress · 22 March 1977
Amends Title XVIII (Medicare) of the Social Security Act to provide payment under the supplementary medical insurance program for one comprehensive physical examination a year, dental care including dentures, eye examinations including eyeglasses, hearing aids including examination, treatment of foot conditions. Directs the Secretary of Health, Education, and Welfare to take steps to eliminate unnecessary or excessive medical appliance expenditures under the Medicare program by implementing appliance leasing, auditing of medical appliance manufacturers and providers, and by cross-referencing prevailing medical appliance rates. Includes under the term "medical appliance" hearing aids, eyeglasses, dentures, and similar health aids. States that the Federal Trade Commission should continue and increase scrutiny of the medical appliance industries in the interest of consumer protection. States that the Secretary of Health, Education, and Welfare should provide increased assistance to encourage the continuing education and training of hearing specialists, clinical audiologists, and physicians to improve the quality of hearing care, and to encourage the provision by State local governments of more and better hearing care for the elderly, including a network of examination and treatment sites.
United States · United States Congress · 22 March 1977
Amends the Health Revenue Sharing and Health Services Act to permit the Secretary of Health, Education, and Welfare to make grants and loans for the initial costs of establishing and operating home health agencies and for expansion of their services. Permits the Secretary to make grants to educational institutions and other public and nonprofit private entities for programs for the training of guidance counselors, social workers, nurses, geriatric specialists, and other home health services personnel. Authorizes the appropriation of specified amounts for fiscal year 1977 for the purpose of making such grants. Amends title XIX (Medicaid) of the Social Security Act to include within its medical coverage: (1) preventive health care, including an annual comprehensive physical examination of older individuals, and diagnostic services; (2) hearing aids, foot care, dental care, and vision aids (including hearing and vision examinations for older individuals); (3) care and services provided by outpatient clinics for the elderly; (4) nutritional counseling; (5) professional guidance and counseling for aged and disabled individuals living alone at home; (6) periodic chore services; and (7) hospital outreach services. Revises such Act to require State comprehensive medical plans to include provisions for intermediate care facility services. Charges the Professional Standards Review Organization with the same responsibility for review of health care services in the case of skilled nursing homes, intermediate care facilities, and other long-term care providers as now required with respect to hospitals. Permits the Secretary to make grants to States to assist them in funding specified demonstration and pilot projects to determine the effectiveness of various home health and supportive services. Permits the Secretary to make grants to political subdivisions of States to enable them to conduct annual health fairs through which individuals over age 60 would be provided free medical checkups. Authorizes the Secretary to make demonstration grants to help meet the cost of establishing and operating private nonprofit entities to provide community care to persons over age 65. Authorizes the Secretary to make grants to political subdivisions of States to enable them to establish and operate programs to provide mobile health facilities to persons over age 60. Amends the Public Health Service Act to require that a minimum of $20,000,000 be obligated for grants and contracts for emergency medical services systems for the elderly.
United States · United States Congress · 22 March 1977
Amends Title XI (General Provisions) of the Social Security Act to provide that any patient of a nursing home or intermediate care facility which is participating in the hospital insurance program under Title XVIII (Medicare) or Title XIX (Medicaid) of the Social Security Act shall have the right to terminate any contract entered into for his or her care in such a facility upon giving the facility at least 30 days written notice. Prohibits such a facility from requiring any patient to turn over to it any periodic benefit check or other income received after the patient has given such notice.
United States · United States Congress · 22 March 1977
Long-Term Care Services Act - Amends Title XI (General Provisions) of the Social Security Act to authorize the establishment of an experimental program to provide in-home care for elderly individuals. Authorizes the Secretary of Health, Education, and Welfare to subsidize families who agree to care for their dependents who are 65 years of age or older and who would otherwise require, because of physical or mental infirmities, the services of a skilled nursing facility or intermediate care facility, in their own homes. Amends Title XVIII (Medicare) of the Social Security Act to provide payment for elderly day care center services under the supplementary medical insurance program. Directs the Secretary to institute a program under which qualified organizations, public and private, will submit plans for the development of carefully conceived and innovative projects to meet the special health care, housing, and related needs of elderly persons in a campus-type setting. Authorizes the Secretary to make interest subsidy payments to holders of mortgages covering such projects. Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to insure mortgages secured by properties in projects built pursuant to this Act. Amends Title XVIII to provide payment for extended and intermediate care services under the supplementary medical insurance program. Amends Title XVIII to provide for the creation of an alternative reimbursement formula which will allow participating hospitals with less than 100 beds and less than 60 percent average occupancy to provide long-term care without applying proportional allocation of overhead costs to all patients in such facilities.
United States · United States Congress · 22 March 1977
Appropriates $7,000,000 out of any money in the Treasury not otherwise appropriated as an additional amount for carrying out the home health services provisions of the Health Revenue Sharing and Health Services Act. Appropriates specified sums, out of any money in the Treasury not otherwise appropriated, for making multipurpose senior center grants under the Older Americans Act of 1965.
United States · United States Congress · 22 March 1977
Geriatric Health Personnel Training Act - Amends the Public Health Service Act (Health Research and Teaching Facilities and Training of Professional Health Personnel) to authorize the Secretary of Health, Education, and Welfare to grant $500,000 for each of six schools of medicine to assist in the establishment and operation of departments of geriatrics. Authorizes the Secretary to make grants to assist schools of medicine in the establishment and operation of continuing education programs in geriatrics for physicians. Authorizes the appropriation of $2,500,000 for fiscal year 1978, and $5,000,000 for each of the next three fiscal years to enable the Secretary to make grants to schools of medicine to assist in developing and conducting training programs designed to prepare armed forces veterans, with appropriate experience as paramedical personnel, to serve as medical assistants in long-term health care facilities. Authorizes the Secretary to make grants and enter into contracts with public or nonprofit colleges and universities for the development of graduate programs for nurses in geriatrics and gerontology. Amends the National Labor Relations Act to make it an unfair labor practice for an employer to discharge or otherwise discriminate against an employee who has testified before any congressional committee or any governmental agency or department.
United States · United States Congress · 22 March 1977
Older Americans Health Services Act - Amends the Older Americans Act of 1965 to specify the amounts authorized to be appropriated in fiscal year 1978 for purposes of informational exchange on the subject of retraining programs for older Americans. Allows the Secretary of Health, Education, and Welfare to make grants under such Act to cover the cost of administering and operating multipurpose senior centers. Declares the sense of Congress that any Federal legislation establishing a national health insurance program should include specified provisions relating to the availability of home health services for older persons.
United States · United States Congress · 22 March 1977
Nursing Home Reform Act - Amends the Internal Revenue Code to authorize a deduction for amounts paid during the taxable year by the taxpayer for nursing home expenses for an individual if such individual is a dependent of the taxpayer in all respects except the receipt of at least half of his support from such taxpayer. Permits the payment of supplemental security income to residents in nonmedical shelter care facilities in any State if such State certifies that the residents are ambulatory, needing only minimum supervision, and that the amount of State supplementation is not less than $100 per resident per month. Amends Title XVIII (Medicare) of the Social Security Act to redefine the term "skilled nursing facility" to require that such facilities, in order to qualify under Title XVIII, provide the services set forth in this Act. Requires the Secretary of Health, Education, and Welfare to conduct a review of State plans approved under Title XIX (Medicaid) of the Social Security Act at least once a year to determine each State's compliance with and the quality of the administration of its plan. Directs the Secretary to establish a rating system for nursing homes participating in the programs under titles XVIII and XIX of the Social Security Act. States that whoever shall offer, solicit, receive, or accept any consideration as compensation or inducement for referring patients, clients, or customers to any person for purposes of Titles XVIII and XIX shall be guilty of a misdemeanor. Requires nursing facilities to provide a program to insure the integrity of patients' accounts, moneys, or valuables and to insure that they are not mingled with those belonging to the facility. Specifies that the Secretary shall pay to the States an amount equal to 100 percent of the sums expended in the enactment of, conversion to, and enforcement of, new enforcement tools short of nursing home licensure revocation. Allows beneficiaries to bring suit for specific performance in any Federal district court without reference to the $10,000 jurisdictional amount. Authorizes the Secretary to make loans to any nonprofit organization, church, or association of churches to meet all or a part of the cost of construction or rehabilitation of a home which will be owned and operated by such church, organization, or association. Authorizes the Secretary to make interest reduction payments under specified circumstances with respect to a mortgage covering repair or rehabilitation of a nursing home in order to correct physical deficiencies and comply with Federal minimum standards. Establishes a program of grants to any church, association of churches, or other nonprofit organization to meet all or part of the cost of planning, developing, constructing, or rehabilitating a nursing home owned by such entity in black and other minority areas where there is a demonstrated shortage of nursing home beds. Expresses the sense of the Congress that the President submit to the Congress an action plan which would provide a suitable multiagency plan for dealing with nursing home abuses. Authorizes the President to call a White House Conference on Long-Term Care in 1978, in order to develop recommendations for action in establishing a national policy with respect to the needs of disabled Americans with primary emphasis on the physically and mentally impaired aged.
United States · United States Congress · 22 March 1977
Authorizes a tax deduction, under the Internal Revenue Code, for any taxpayer who contributes the right to use any real property owned by the taxpayer to a tax-exempt organization for use by a multipurpose senior citizen center or outpatient geriatric clinic. Limits such deduction to 50 percent of the lesser of (1) the fair market rental value of such property or (2) the amount of State or local property taxes which are paid or incurred by the taxpayer and which are allocable to such property.