United States · United States Congress · 28 November 1979
Expresses the sense of the Senate that the American people and their representatives are united in their determination and efforts to achieve the immediate, safe, and unconditional release of all U.S. personnel. Calls upon the U.N. Security Council to take all necessary measures to secure the release of all U.S. personnel held hostage in Iran.
United States · United States Congress · 19 November 1979
Authorizes the printing of additional copies, at a cost not to exceed $1,200, of the committee report entitled "Treaty on the Limitation of Strategic Offensive Arms and Protocol Thereto (SALT II Treaty)" for the use of the Senate Committee on Foreign Relations.
United States · United States Congress · 13 November 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 · 8 November 1979
Authorizes the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in West Potomac Park 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 · 8 November 1979
Expresses the sense of the Senate that: (1) all countries and all people be urged to respond generously to Cambodian relief efforts; (2) Cambodian authorities be encouraged to allow the use of all possible avenues for delivering food and medical supplies; and (3) the United States and the United Nations should express their expectation that the great power supporters of the factions in Cambodia share in international responsibility for averting famine.
United States · United States Congress · 6 November 1979
Civil Rights Improvements Act of 1979 - Amends current law (42 U.S.C. 1983) creating a Federal cause of action for the violation of a person's civil rights under color of State law to specify the circumstances under which a State or local government may be held liable for purposes of damages or other monetary relief and for injunctive or declaratory relief. Stipulates that it is not a defense for a government entity that the officer or employee clothed with the authority of such entity is personally immune from liability under common law or any statute. Makes supervisory officers, with command responsibility superior to a person engaging in actionable conduct, jointly and severally liable whenever a government unit would be liable. Permits a plaintiff to join to a claim under such law other claims deriving from a common nucleus of operative fact. Sets forth the circumstances under which a Federal court may certify a question of State law to the highest court of a State. Prohibits the dismissal or stay of civil actions under this Act on the grounds that State legal and administrative remedies were not exhausted. Limits the circumstances in which a Federal court may stay a pending State criminal prosecution. Specifies the circumstances under which, in any such action, the prior judgment of a State court shall have merger and bar effect. Requires the complaint in any such action to be filed within four years after the right of action first accrues. Prohibits a Federal court, in evaluating the need for relief under such law, from considering the availability of other remedies under State law.
United States · United States Congress · 2 November 1979
Sentencing Reform Act of 1979 - Amends the Federal criminal code to set forth a new sentencing structure applicable to a defendant who has been convicted of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation, a fine, or restitution in cases involving bodily injury or death, property damage, or other loss. Permits an organization to receive such penalties, with the exception of imprisonment. Requires that the presentence investigation report made by a probation officer under rule 32(c) of the Federal Rules of Criminal Procedure include information on noninstitutional sanctions. Specifies factors to be considered by a sentencing court, including: (1) the nature and circumstances of the offense; (2) the defendant's role in the offense, and aggravating or mitigating circumstances not reflected in the guidelines formulated by the Federal Sentencing Commission (established by this Act); (3) the types of sentences, including noninstitutional sanctions as a condition of probation; (4) the sentence recommended in the Commission's guidelines; (5) any pertinent policy statement issued by the Commission; and (6) the need to have uniform sentencing among defendants who have been found guilty of the same offense. Requires the court to state in open court at the time of sentencing the reasons for the imposition of the particular sentence and the specific reason for the imposition of a sentence different from that set forth in the guidelines. Requires the court to submit to the Commission a written report containing specified information within ten days of sentencing. Permits a defendant to appeal a final sentence in any case except where a sentence recommended in the guidelines is included in a plea agreement. Authorizes the court of appeals, upon a determination that the sentence is clearly unreasonable, to remand the case for imposition of a lesser sentence or impose a lesser sentence. Establishes procedures for imposition and revocation of a sentence of probation. Retains the current exceptions for a granting of probation (an offense punishable by life imprisonment or for which probation is expressly precluded by law). Includes among the authorized conditions of probation: (1) work in community service; (2) participation in a program of a residential community center; (3) necessary medical or psychiatric treatment; or (4) placement in the custody of the Bureau of Prisons for up to the lesser of six months or the authorized term of imprisonment during the first year of the term of probation. Requires, upon a determination that there is probable cause to believe that a condition of probation has been violated, that a revocation hearing be held within 30 days before a judge or a United States magistrate. Grants to the probationer with respect to such hearing the following rights: (1) reasonable notice; (2) opportunity to be represented by an attorney (or to have counsel provided); (3) opportunity to testify and present witnesses and evidence; and (4) opportunity to confront and cross-examine witnesses. Subjects a decision of a magistrate or judge to revoke probation to appellate review. Specifies factors to be considered by the court in determining the amount of restitution for loss that is the result of death or personal injury caused by the offense or for property loss. Directs the court to consider any factor relating to the offense or the defendant's finances in determining the amount of any fine, and the time for and method of payment. Establishes as an independent body in the judicial branch a seven-member Federal Sentencing Commission. Includes the Chairman of the Parole Commission and the Attorney General as ex officio members. Directs the President to appoint: (1) one member from a list of ten Federal judges provided by the Judicial Conference of the United States; (2) one member who is a Federal public defender; and (3) five members who represent a variety of backgrounds and who have demonstrated participation and interest in the criminal justice process. Directs the Commission, by affirmative vote of at least five members, to issue guidelines and general policy statements for use by a sentencing court. Enumerates the duties of the Commission with respect to such guidelines, including that: (1) they may provide for an increase or decrease of up to five percent of a term of imprisonment; and (2) they shall include a term of imprisonment when (A) serious bodily injury resulted from the defendant's participation in the offense, or (B) the offense is a felony and the defendant was previously convicted of a Federal, State, or local felony, unless a substantial time period has lapsed since such prior conviction; (3) the Commission revise such guidelines at least biannually and conduct hearings in performing its functions; and (4) the guidelines be reported to Congress by May 1st after the beginning of a regular session and become effective 90 days later, subject to disapproval or modification by Act of Congress. Specifies additional duties of the Commission, including among others: (1) monitoring the performance of probation officers; (2) establishing a research and development program to serve as an information center with respect to Federal sentencing practices and to serve in a consulting capacity to Federal courts and agencies; (3) studying the feasibility of guidelines for the disposition of juvenile delinquents; and (4) studying the plea bargaining process. Directs the Commission to: (1) report annually to the United States Judicial Conference, Congress, and the President on its activities; (2) submit at least annually to Congress an analysis of requisite reports and studies and appropriate legislative recommendations; (3) submit to Congress within three years of the issuance of guidelines a proposal for reducing all statutory maximum prison terms; and (4) submit to Congress with the Bureau of Prisons an analysis and recommendations concerning maximum utilization of prison resources. Requires that good time allowances be made within two days after the end of each month. Provides that such allowance vests at the time it is received. Substitutes the penalty of imprisonment for life without parole for specified Federal crimes which currently authorize the death penalty. Provides that the Commission shall become effective 60 days after enactment and shall issue guidelines within six months of enactment. Makes the remaining provisions effective 60 days after the effective date of the guidelines. Provides that the United States Parole Commission shall remain in effect until three years after the effective date of the guidelines.
United States · United States Congress · 31 October 1979
Higher Education Amendments of 1980 - Authorizes the Secretary of Health, Education, and Welfare (formerly directed the Commissioner of Education) to make resource development grants to institutions of higher learning and to other public and private nonprofit library institutions whose primary function is to provide library and information services to institutions of higher education on a formal cooperative basis. Authorizes the Secretary to make special purpose grants to: (1) institutions of higher education to meet special national or regional needs in library or information sciences; (2) combinations of such institutions for joint-use library facilities, resources, and equipment; and (3) other public and private nonprofit library institutions providing formal, cooperative library and information services to higher education institutions to improve such services. Requires recipients of such grants to expend specified matching sums. Directs the Secretary to make grants to, and contracts with, institutions of higher education and library organizations or agencies to assist them in training persons in librarianship. Authorizes the Secretary to make grants to, and contracts with, institutions of higher public or private agencies, institutions, and organizations for research and demonstration projects related to library improvement, librarianship training, information technology, and dissemination of project information. Directs the Secretary to make grants to institutions with major resource libraries. Bars recipients of such grants from receiving other specified grants in the same fiscal year. Authorizes appropriations for such purposes through fiscal year 1985. Directs the Secretary to carry out a program to improve the academic quality, institutional management, and fiscal stability of developing institutions. Redefines "developing institution" as an "institution of higher education: (1) the enrollment of which includes a substantial percentage of students from low-income families; and (2) the average expenditures of which are low, per full-time equivalent student, in comparison with the average expenditures of institutions that offer similar instruction." Authorizes appropriations for such program for fiscal years 1980 through 1985. Sets forth formulas for allocating such appropriations to junior or community colleges, institutions awarding bachelor degrees, and for specified grants. Authorizes appropriations for a challenge grant program through fiscal year 1985. Authorizes the Secretary to waive specified requirements for eligibility for such assistance in order to increase higher education opportunities for American Indians or Spanish-speaking people. Authorizes the Secretary to award challenge grants to eligible developing institutions, including those which offer postgraduate, rather than bachelor's degrees. Sets forth purposes and directions of grants, requirements for applications for assistance, and limitations on use of funds. Establishes an Advisory Council on Developing Institutions to assist the Secretary in identifying developing institutions and establishing criteria for making grants to such institutions. Extends through the end of fiscal year 1985 the period during which the Commissioner of Education is directed to pay basic educational opportunity grants to eligible undergraduate students. Sets the maximum amount of each such grant on the basis of specified percentages of specified costs of attendance. Directs the Commissioner to make grants and contracts for special programs for disadvantaged students without regard to specified advertising requirements for Federal contracts. Authorizes appropriations for such program through fiscal year 1985. Sets forth requirements for eligibility in the Talent Search, Upward Bound, Special Services for Disadvantaged Students, and Educational Opportunity Centers programs. Requires that specified percentages of those participating in such programs be low-income individuals. Authorizes the Commissioner to make grants to provide training for staff and leadership personnel in such programs. Amends the Higher Education Act of 1965 to direct the Student Loan Marketing Association to enter into agreements with eligible institutions for making low-interest loans to students directly through such institutions. Sets forth the terms of such agreement. Stipulates that: (1) the conditions of such loans shall be determined by the institutions, subject to any requirements or limitations prescribed by the Association; (2) the amount of such loans shall equal the cost of attendance minus any scholarships or other loans, the expected family income or self-help contribution, and any other Federal assistance; (3) such loans will be made to accepted or attending students in financial need who are carrying at least one-half the normal academic workload; and (4) such loans shall be evidenced by a written agreement. Stipulates with regard to repayment that: (1) the repayment period shall begin nine months after a student graduates or ceases to carry the required workload, and continue for a maximum of 15 years; (2) repayment may be in either equal or graduated installments at the option of the student borrower; (3) payments may be accelerated or paid in full without penalty; (4) the interest rate shall be seven percent; (5) no security or endorsement shall be required unless the student borrower is a minor; (6) the loan shall be cancelled upon the death or permanent total disability of the student borrower; (7) no repayment shall be required while the borrower is in school, or for up to three years while in the Armed Forces, Peace Corps, or a volunteer under the Domestic Volunteer Act of 1972; (8) repayment extensions may be made; and (9) partial loan cancellation shall be made for certain teaching positions and combat veterans. Establishes a loan program guaranteed by the Association to meet the cost of the expected family contribution under this Act. Authorizes necessary appropriations to the student loan insurance fund for such loans and related expenses. Transfers such fund's availability from the Commissioner of Education to the Association. Provides that the Association shall pay an eligible institution ten dollars per academic year for each enrolled student on whose behalf such family-contribution loan is made. Limits such new family-contribution loan to fiscal years 1981-1985, and prohibits any payment for existing loans after September 30, 1989. Stipulates with regard to such family-contribution loans: (1) the institution must certify to the lender the amount of the expected family contribution; (2) such loans shall be 100 percent insured; (3) the student must have been accepted, or already enrolled, on at least a half-time basis; (4) such loans will be made without security and without endorsement; (5) repayment shall begin no more than nine months after graduation or after the student ceases to be at least a half-time student, and shall be over a period of not less than five nor more than ten years; (6) principal need not be paid (but interest shall accrue) if the student is enrolled at least half-time (including graduate school), in a rehabilitation training program, or unable to find (for up to 12 months) full time employment; (7) interest, at a rate of one percent less than the Treasury rate, shall accrue and be paid during the term of the loan, except that such interest may be deferred until repayment of the principal starts; and (8) payments may be accelerated without penalty. Provides that, upon application by an eligible lender, the Association shall issue certificates of insurance covering the loan and setting forth the amount and terms of the insurance. Authorizes the Association to issue to a lender a certificate of comprehensive coverage to cover all qualifying loans made by such lender within a specified cutoff date and up to a specified aggregate maximum. Sets forth lender recovery procedures for any such defaulting borrowers. Provides that the Association shall repay the loans of bankrupt, diseased, or disabled borrowers. Revises provisions regarding special allowance payments to lenders to: (1) change the formula for computing such allowance; and (2) extend the five percent limit on such allowance from October 1, 1977, to October 1, 1980. Eliminates the provision providing for a District of Columbia student loan insurance program. Authorizes Federal credit unions to make family-contribution loans to eligible borrowers. Terminates existing lending programs (Guaranteed Student Loan Program and the National Direct Student Loan Program) six months after the enactment of this Act. Provides for the dissolution of the existing Student Loan Marketing Association and the assumption, and expansion, of such Association's functions by a newly created Association. Includes within such new Association's functions: (1) the authority to continue to purchase, sell, collect or otherwise deal in specified existing student loan programs; and (2) the authority to contract with State guaranty agencies (and compensate them for services) for collecting student loans, distributing loan funds to institutions, monitoring and auditing student loan programs, and providing technical assistance and information regarding such loans. Authorizes the Association to issue notes, bonds, or other obligations with the concurrence of the Secretary of the Treasury. Provides that the obligations of the Association shall constitute general obligations of the United States. Authorizes additional appropriations to carry out a program of assistance for training in the legal profession through fiscal year 1985.
United States · United States Congress · 29 October 1979
Waives the time limitation on the award of certain military decorations to members of the Intelligence and Reconnaissance Platoon of the 394th Infantry Regiment, 99th Infantry Division, for acts of valor performed during the Battle of the Bulge.
United States · United States Congress · 24 October 1979
Handgun Crime Control Act of 1979 - Title I: Amendments to Chapter 44, Title 18, United States Code, Gun Control - Amends the Gun Control Act of 1968 to revise and add definitions used in the Act. Defines "handgun" to include handgun parts. Defines "Department" to mean the Department of Justice (current law is under the authority of the Secretary of the Treasury). Prohibits non-licensees from engaging in the business of repairing firearms or ammunition. Stipulates that certain otherwise lawful activities, such as the returning of a firearm by a licensee to the person from whom it was received and the mailing of a firearm to a licensee for the purpose of repair, shall be unlawful with respect to "easily concealable handguns" (that is, those handguns not approved by the Attorney General under this Act). Prohibits the loan or rental of an easily concealable handgun to another person for temporary use for lawful sporting purposes. Prohibits a licensee from selling a handgun to a person who does not appear in person at the licensee's business premises. Prohibits a licensee from selling or delivering a firearm or ammunition to any person if such sale or delivery violates a public ordinance at the place of residence of the purchaser. Revises the statement which must be submitted to a licensee by a purchaser not appearing at such licensee's business premises to provide that such purchaser be 18 years of age with respect to all firearms (current law requires a purchaser of any firearm other than a shotgun or rifle to be 21 years of age). Prohibits a licensee from manufacturing, assembling, selling, or transferring any handgun, other than a curio or relic, which has not been approved by the Attorney General. Prohibits any person from transferring such a handgun unless such person has reasonable cause to believe that the handgun has been approved. Excepts the mailing of handguns to comply with approved standards under certain circumstances. Prohibits the modification of an approved handgun resulting in the failure of such handgun to meet the approved standards. Revises the current prohibition against certain classes of individuals transporting a firearm or ammunition in interstate commerce to: (1) extend such prohibition to possession or receipt of any firearm or ammunition; and (2) include as additional categories illegal aliens, persons dishonorably discharged from the Armed Forces, and persons who have renounced their United States citizenship. Includes such categories in the current prohibition against selling a firearm or ammunition to certain classes of individuals. Prohibits any person from transporting a firearm or ammunition in interstate or foreign commerce in violation of a State law in a place to or through which the firearm was transported. Prohibits a licensee from transferring three or more handguns to the same non-licensee within a period of one year, without prior approval of the Attorney General. Prohibits a non-licensee from receiving three or more handguns within one year without such approval. Prohibits any person who has knowledge of the loss, theft, or disappearance of a handgun in his control or possession to fail to report such incident to a law enforcement officer and the Attorney General. Specifies the circumstances under which a person in lawful possession of a license or permit to: (1) carry handguns issued under a State licensing or permit granting program approved by the Attorney General, may purchase or receive a handgun in any State from a licensed dealer or non-licensee; and (2) purchase handguns issued under an approved program, may purchase or receive a handgun in the State issuing the license or permit. Directs the Attorney General to review State laws providing for licenses or permits to carry or purchase handguns and to certify as approved those satisfying specified requirements. Specifies the circumstances under which (except as provided by other sections of the Act) a licensed dealer or non-licensee may transfer a handgun to another non-licensee. Sets new annual licensing fees of $5,000 for a manufacturer or importer of handguns, $500 for a dealer in handguns, $100 for a dealer in ammunition for handguns that is not also used in rifles, and $100 for a dealer who is a gunsmith. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition and such dealers from conducting business from the premises of a pawnbroker. Imposes additional requirements for the approval of a license application by the Attorney General. Increases from 45 to 90 days the period in which an application must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any provision of the Act to a civil penalty of up to $10,000 per violation. Sets forth new recordkeeping requirements for licensed importers, manufacturers, and dealers in handguns. Provides for the transfer of records where a licensee loses his license, transfers the business to another person, or in any way ceases doing business. Directs the Attorney General to appoint a 15-member Handgun Criteria Commission to develop criteria for the evaluation of handgun models according to frame size and other appropriate factors for determining whether such models are easily concealable, have potential for criminal use, or are particularly suitable for sporting purposes. Requires the Commission to submit a report containing such criteria within one year of enactment and to evaluate biannually the effectiveness of existing criteria. Directs the Attorney General to revise the criteria upon a determination by the Commission that handguns satisfying existing criteria are significantly involved in handgun crime. Requires final criteria to be transmitted to Congress, which may disapprove by resolution the criteria within 60 days of continuous session. Directs the Attorney General to approve for manufacture, importation, or transfer any handgun model which satisfies the established criteria after representative samples of such model are evaluated and tested. Authorizes exceptions with respect to handguns which are particularly appropriate for law enforcement purposes. Directs the Attorney General, prior to the time that criteria have been established, to evaluate samples of all handgun models and approve for manufacture, importation, or transfer handgun models which meet specified requirements. Sets forth procedures for the administrative review of a finding that a sample submitted has failed to meet the approved standards. Requires a list of handgun models which have been tested and the test results. Deems approved any handgun model not in manufacture on or after October 21, 1968, and which has not been tested. Revises the penalties under such Act. Disallows, with respect to a person who uses or carries a firearm during the commission of any felony and receives an additional sentence, the suspension of such sentence, the giving of probation, or the concurrent running of a term of imprisonment (under current law such prohibitions apply only to a second or subsequent offense). Sets forth a mandatory period of parole ineligibility for such offense, unless the court finds specified mitigating circumstances. Makes any person (including a licensee) who negligently sells or transfers a handgun in violation of this Act civilly liable for the death or injury suffered by an individual as a result of the use of the handgun by the transferee in the commission of an offense that causes death or personal injury to that individual. Stipulates that certain exceptions to the provisions of the Act shall only apply with respect to handguns which have been approved by the Attorney General in accordance with the Act. Allows a mental incompetent to be relieved from the disabilities of the Act with respect to the possession, acquisition, or transfer of firearms upon specific findings by a court. Authorizes the Attorney General to permit the importation of approved handguns. Directs the Attorney General to make annual grants for each fiscal year and supplemental grants at his discretion for compensation of victims of handgun crime to qualifying State programs for the compensation of victims of handgun crime. Specifies eligibility criteria for such programs and the amount of authorized payments. Requires the Attorney General to submit annual reports to the congressional judiciary committees concerning such programs. Establishes a nine-member Advisory Committee on Victims of Handgun Crime to advise the Attorney General on the administration of the programs and policies relating to the compensation of victims of handgun crimes. Title II: Gun Control Functions Transferred to Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Authorizes the President to transfer additional functions of other agencies to the Department which relate to the functions transferred by this Act. Establishes within the Department of Justice the Firearms Safety and Abuse Control Administration to administer the functions of the Attorney General under the Gun Control Act of 1968. Directs the Attorney General to transmit to Congress as part of the annual report of the Department of Justice a report on the activities of the Administration. Title III: Miscellaneous Provisions - Amends the Federal criminal code to increase from 45 to 90 days the period in which an application for a user permit or a license to import, manufacture, or deal in explosive materials must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any statutory requirement to a civil penalty of up to $10,000 per violation. Directs the Postal Service to promulgate regulations for the conveyance of handguns in the mails. Directs the Advisory Commission on Intergovernmental Relations established by the Act of September 24, 1959, in consultation with the United States Conference of Mayors, the National League of Cities, and representatives of Federal, State, and local law enforcement agencies, to report within six months of enactment on: (1) intergovernmental problems in controlling illicit handgun traffic; and (2) the effectiveness of the Omnibus Crime Control and Safe Streets Act of 1968 and the Gun Control Act of 1968. Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship). Makes this Act effective 120 days after enactment, with specified exceptions.
United States · United States Congress · 22 October 1979
Amends the Foreign Assistance Act of 1961 to permit operations by the Overseas Private Investment Corporation in China, if the President determines that such operation is in the national interest.
United States · United States Congress · 10 October 1979
Vietnam Veterans Act - Title I: Employment - Provides for a program of career development, training, and related services for Vietnam-era veterans. Establishes the Office of Assistant Secretary of Labor for Veterans' Employment in place of the existing office of Deputy Assistant Secretary of Labor for Veterans' Employment. Title II: Health and Psychological Care - Establishes a presumption of service-connected disability for certain diseases arising in Vietnam-era veterans (and for birth defects in their children) exposed to agent orange. Authorizes specified mental health care for eligible Vietnam-era veterans at community mental health centers. Title III: GI Bill Assistance - Extends the educational assistance delimiting period for certain Vietnam-era veterans. Eliminates the requirement of matching State funds for accelerated educational loan payments. Increases such maximum payment amounts. Title IV: Administrative Costs for State Home Loan Programs - Authorizes the Administrator of Veterans' Affairs to pay the initial administrative expenses for a qualifying State or local veterans' home loan program. Title V: Commission to Study Veterans' Benefits - Establishes the Commission on Veterans' Benefits to perform a comprehensive study of the structure and administration of the laws relating to veterans' benefits. States that such Commission shall report its findings within 18 months to the President and Congress, and cease to exist 30 days after such submission.
United States · United States Congress · 9 October 1979
Radiation Exposure Compensation Act of 1979 - Makes the United States liable for: (1) damages arising from certain nuclear tests conducted at the Nevada Test Site to individuals who resided in the affected area for a period of one year between January 1, 1951, and October 31, 1958, or between June 30, 1962, and July 31, 1962; (2) damages to individuals who worked in a uranium mine in Colorado, New Mexico, Arizona, or Utah for at least one year between January 1, 1947, and December 31, 1961; and (3) damages to a qualified sheep herd. Establishes in any action filed under this Act, upon a determination by the court that the plaintiff meets the requirements of the Act, an irrebuttable presumption that the damages alleged were caused by exposure to radiation as a result of a nuclear detonation or exposure to uranium. Limits the amount of attorney fees which can be received with respect to such actions. Defines "affected area" to mean specified areas of Utah, Nevada, and Arizona, and any other area of the United States which received a high level of fallout as a result of the Nevada Test Site detonations, as determined by the Secretary of Health, Education, and Welfare. Establishes within the National Cancer Institute a seven-member Advisory Panel on the Health Effects of Exposure to Radiation and Uranium to identify, for the purposes of recovery under this Act, types of cancer which develop after exposure to low level radiation and diseases and illnesses which develop after uranium mine employment. Directs the Advisory Panel to report its findings to Congress within nine months of the date it convenes. Amends title III of the Public Health Service Act (General Powers and Duties) to direct the Secretary to conduct a comprehensive assessment of the adverse health effects resulting from the Nevada Test Site atomic weapons test program since January 1, 1951. Transfers to the Department of Health, Education, and Welfare all functions of the Department of Energy relating to research on the health effects of radiation on human beings.
United States · United States Congress · 4 October 1979
Amends the Internal Revenue Code to raise the age requirement for youths participating in the qualified cooperative education program from 16-19 to 16-20 for purposes of the targeted jobs tax credit.
United States · United States Congress · 4 October 1979
Makes the Federal tort claims procedure the exclusive remedy in medical malpractice actions resulting from federally authorized National Guard training activities (repeals the current provision covering such liability).
United States · United States Congress · 28 September 1979
Domestic Violence Prevention and Services Act - Authorizes the Secretary of Health, Education, and Welfare to make grants to States, local public agencies, and nonprofit organizations for projects designed to prevent domestic violence and to provide immediate shelter and other assistance for victims and dependents of victims of domestic violence. Stipulates that such funds may not be used for direct payment to any victim of domestic violence or to a dependent of such victim, and that no income eligibility standard may be imposed for anyone seeking services under this Act. Requires each State receiving assistance to report annually to the Secretary on the implementation of programs and projects under this Act. Directs the Secretary to designate within the Office of the Secretary an administrative unit to serve as the National Center on Domestic Violence, to be responsible for: (1) the coordination (through the interagency council established by this Act) of all Federal programs relating to domestic violence; (2) the operation of a national clearinghouse to collect and disseminate information relating to domestic violence; (3) the development of a national media campaign to increase public awareness of the problems of domestic violence and the availability of services for its victims; and (4) keeping Congress informed with respect to the implementation of this Act. Requires the Secretary to report annually to Congress on the programs authorized by this Act. Requires that the records of any person subject to any program, project, or activity assisted under this Act be subject to the confidentiality provisions of the Drug Abuse Office and Treatment Act of 1972. Directs the Secretary to evaluate and report to Congress within two years of the first obligation of State grants on the effectiveness of the programs under this Act. Establishes an Interagency Domestic Violence Council to assist the Director of the National Center in coordinating all Federal programs regarding the prevention of domestic violence. Directs the Secretary to report within 90 days of the end of fiscal year 1981 and of each subsequent fiscal year to certain congressional committees specific information relating to applications for assistance for domestic violence research. Authorizes appropriations through fiscal year 1983 to carry out this Act.
United States · United States Congress · 24 September 1979
Amends the Foreign Assistance Act of 1961 to authorize disaster relief and reconstruction assistance to alleviate human suffering caused by hurricanes in the Caribbean. Stipulates that priority shall be given to furnishing agricultural commodities under the Agricultural Trade Development and Assistance Act of 1954.
United States · United States Congress · 24 September 1979
Energy Mobilization Board Act of 1979 - Establishes the Energy Mobilization Board to administer jointly with the Department of Energy a priority energy project program. Authorizes the Board to decide and administer all matters within the jurisdiction of the Board under this Act, and to take final action on any such matters, except as otherwise stated. Sets forth the power and authority of the Board, and stipulates that the Board shall not interfere with labor-management relations or take any actions which conflict with the terms of existing labor- management contracts. Directs the Board to periodically review its activities under this Act and report to the Congress on the functioning of the selection and designation process for priority energy projects, and other matters. Authorizes any person planning or proposing an energy project to apply to the Secretary of Energy for the selection of such project as a candidate priority energy project. Requires that such application identify all Federal, State, and local licensing or permitting actions necessary for approval and development of such project and to contain detailed information of the project's design, economics, and environmental impacts. Directs the Secretary to select from all pending applications for priority designation between eight and twenty-four candidate priority energy projects which are to be forwarded to the Board for further examination under the provisions of this Act. Sets forth criteria for the Secretary's use in selecting such projects. Requires the Secretary to adopt procedures necessary to assure applicants, affected agencies and interested members of the public of the opportunity to participate in the Selection process. Authorizes the Board to make the final designation of priority energy projects based on the stated criteria. Allows the Board to extend the deadlines for receiving public comments on such designation and the time for ruling on an application for designation if more time is required for the comment period or the application is incomplete. Exempts the determinations made by the Secretary and the Board in designating such projects and the promulgation or revision of Project Decision Schedules from the environmental impact provisions of the National Environmental Policy Act of 1969 (NEPA). Requires the appropriate Federal agency to determine whether any Federal action relating to a designated project will be a major Federal action within the meaning of NEPA. Authorizes any person aggrieved by such determination to commence a civil action seeking judicial review of that determination under the provisions of this Act. Authorizes the Board, in consultation with the Council on Environmental Quality and appropriate State and local agencies, to require the preparation of a single environmental impact statement to reflect the actions of any or all Federal agencies to satisfy their obligations under NEPA. Stipulates that such statement may substitute for any similar requirement of State or local law if required by the Board, so long as such statement includes all information required under such laws. Provides for the appointment of a lead agency to supervise the preparation of such statement and sets forth the duties of such agency. Requires the Secretary to encourage applicants for priority energy project designation to file applications as soon as possible in order to expedite any eventual action or decision. Requires specified Federal agencies to submit certain information to the Board critical to their consideration of such projects. Requires that the Board notify the Governor and other appropriate local officials or agencies of any State which would be significantly affected by the completion of such projects and request them to supply compilations of significant actions required by State and local governments and by the applicant before the project can be completed and a tentative schedule for completing such actions. Directs the Board to establish a Project Decision Schedule containing deadlines for all Federal, State, and local actions relating to a priority energy project. Requires that final agency action be completed no later than one year after the applicant's application for such actions is complete, unless otherwise required by existing statutory obligations. Provides that upon petition of any agency with authority governed by a Project Decision Schedule, or of the applicant or any other interested party, the Board may make a modification of such schedule. Authorizes the Board to make such modifications only upon the determination that continued adherence to the schedule would be impractical or not in the public interest, that such modification is consistent with other provisions in this Act, and that the agency or applicant, as the case may be, has exercised due diligence in attempting to comply with the schedule. Authorizes the Board to certify that agency review has been completed and all approvals on the schedule have been granted, performed, or are not found to be necessary, and that further judicial review is barred pursuant to this Act. Provides mechanisms for the enforcement of Project Decision Schedules by appropriate action in the specified Federal or State court. Requires the Board to monitor compliance by the applicant and the agencies to the Project Decision Schedule. Authorizes the Board to terminate the priority designation of a project if certain evidence of noncompliance exists. Exempts the granting or denying of a public comment period extension from judicial review except as may be required by the U.S. Constitution. Authorizes judicial review of the designation or termination of a priority energy project designation in accordance with the provisions of this Act. Prohibits a court from staying or enjoining such actions pending appeal or trial de novo. Sets time limits for filing appeals or petitions for review of actions taken pursuant to this Act and bars any challenges to such actions which are not in conformance with these provisions, except as otherwise provided for. Directs such courts to expedite and consolidate such review to the greatest extent practicable. Grants exclusive jurisdiction to the Supreme Court to review any judgment or order of the lower court pursuant to this Act and directs the Supreme Court to expedite such review to the greatest extent practicable. Prohibits trial de novo by the reviewing court of any action pursuant to this Act. Directs the Board to revise a project decision schedule as necessary in the event a decision is rendered remanding any case or controversy to an agency. Terminates the authority of the Board on September 30, 1985.
United States · United States Congress · 21 September 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Simon Wiesenthal in recognition of his contribution to international justice through the documentation and location of war criminals from World War II. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 20 September 1979
Directs the United States to discuss with the Organization for Economic Cooperation and Development Steel Committee a multilateral agreement to halt government-subsidized export credits for steel plants and equipment.
United States · United States Congress · 19 September 1979
Economic Growth Management Assistance Act - Establishes within the Executive Office of the President: (1) an Economic Growth Policy and Management Assistance Council (Council) which shall be presided over by the Chairman of the Council of Economic Advisers; and (2) an Office of Economic Growth Policy and Management Assistance to provide staff support for the Council and carry out other duties as assigned by the Council. Sets forth the duties of the Council which include: (1) evaluating the economic impact of Federal activities such as spending, contracting, and facility relocation on local, State, and regional economies; (2) identifying those economies which are substantially affected by such activities; (3) developing, updating, and submitting to Congress an annual national economic growth policy designed to stabilize economic growth; (4) developing programs to facilitate stable growth; (5) assisting substantially affected economies; and (6) reviewing proposed agency activities which will have a substantial impact on any such economies. Requires each Federal agency: (1) to prepare an annual economic impact statement on the effects of its activities on such economies; (2) to make such statement available to Congress and the public; and (3) to change their activities as necessary to avoid intensifying any negative economic trends of subtantially affected communities. Directs the Secretary of Labor to make employment training programs available to persons in such substantially affected areas. Directs the Secretaries of Commerce and Defense to make technical and economic adjustment assistance available to such areas.
United States · United States Congress · 17 September 1979
Postal Service Employees' Political Activities Act of 1979 - Declares it to be the policy of Congress to encourage employees of the United States Postal Service to exercise their rights to participate or refrain from participating in political processes. Prohibits such employees from: (1) using their official authority to influence the result of any election or the political action of any person; (2) using any information obtained through employment and not publicly available for any political purpose; (3) giving or offering to give a political contribution to any individual either to vote or refrain from voting; (4) soliciting or receiving a political contribution to vote or refrain from voting; (5) knowingly giving a political contribution to a superior; (6) knowingly soliciting or receiving a political contribution from another employee with respect to whom such employee is a superior; or (7) knowingly soliciting or receiving a political contribution in specified facilities or from any person who has or is seeking business relations with the employee's agency. Directs the Postal Service and the Postal Rate Commission to prescribe certain exemptions to such prohibitions. Prohibits employees from engaging in political activities while on duty, while wearing a uniform or official insignia identifying their position, or in designated areas. Requires a postal employee to notify his or her agency (U.S. Postal Service or the Postal Rate Commission, as applicable) upon becoming a candidate for elective office. Permits such employee to take annual leave or leave without pay to engage in activities related to his or her candidacy. Sets forth the penalties to be imposed against any employee who is found by the Merit Systems Protection Board to have violated provisions of this Act. Requires the Postal Service to study and report to Congress on the effects of this Act on the political activities of employees, the merit system, and matters generally contributing to the improper use of official authority or information by employees.
United States · United States Congress · 7 September 1979
Home Energy Assistance Act - Authorizes the Secretary of Health, Education, and Welfare to make grants to States to assist eligible low-income households to meet increasing home energy costs. Authorizes appropriations for fiscal years 1980 through 1984 to carry out this Act. Sets forth allotments from such appropriations for such grants to States and specified American territories and possessions for energy crisis related activities under the Economic Opportunity Act of 1964, and for emergency energy disaster assistance to States. Stipulates that such grants may be used for making payments to home energy suppliers on behalf of eligible households and directly to such households in specified cases. Sets forth application procedures and requirements for such grants. Authorizes States receiving such grants to make grants to eligible households for meeting excessive cooling costs where such cooling is medically necessary under standards established by the Secretary. Requires States to comply with the uniform data collection standards established by the Secretary concerning home energy consumption, cost and type of fuels used, use by which income groups, and other information determined to be necessary to carry out this Act. Authorizes the Secretary to withhold payments under this Act for failure to comply with approved application provisions. Sets forth provisions for the administration of this Act. Stipulates that payments received by members of participating households are not to be considered income for determining eligibility for other Federal assistance programs.
United States · United States Congress · 7 September 1979
Economic Opportunity Amendments of 1979 - Amends the Economic Opportunity Act of 1964 to add a new title, Title XI "Comprehensive Energy Conservation Service," which may be cited as the Comprehensive Energy Conservation Services Act of 1979. Establishes a comprehensive energy conservation service program to enable low-income and near-poor individuals and families, particularly the elderly, to participate in energy assistance programs designed to reduce energy consumption and the impact of high energy costs. Directs the Director of the Office of Economic Opportunity to establish a weatherization program to improve the thermal efficiency of the dwellings of low-income and near-poor individuals and families and to provide access to low-cost, dispersed alternative energy sources. Authorizes the Director to make grants to States and to Indian tribal organizations for such purposes. Directs the Director to issue regulations to carry out such program, and sets forth the nature of such regulations. Authorizes appropriations to carry out such program for fiscal years 1980 through 1989 and establishes allotments of such funds to be followed by the Director. Sets forth limitations on the amount of such grants made for the purchase of weatherization materials, for labor costs, and for program support. Requires States and approved area applicants to submit a weatherization plan in order to receive weatherization assistance. Describes required components of such plans, and directs the Director to establish procedures for the approval of such plan. Requires States seeking such assistance to establish a State weatherization policy council to be appointed by the chief executive officer of the State. Sets forth the duties of such council, including the reviewing of the operation of weatherization programs conducted by each local project and the preparing of the weatherization plans required by this Act. Authorizes a State, after having been approved for financial assistance, to designate community action agencies or political subdivisions as local weatherization projects and to provide financial assistance to such projects. Sets forth requirements for obtaining such designation. States that individuals or families having incomes equal to or less than 85 percent of the lower living standard income level, as defined in this Act, shall be eligible for participation in weatherization programs. Sets forth administrative provisions for such programs. Requires the Director to prescribe procedures for appeals, notice, and hearings in the event applications for financial assistance are rejected or not acted upon within the specified period of time. Authorizes the Director to provide technical assistance to States, areas, and local projects for conducting such programs and to provide training for personnel needed in connection with such programs. Requires the Director to provide for continuous evaluation and monitoring of programs established under this Act, and to publish the results of such evaluations. Directs the Director to submit such publications to the appropriate congressional committees. Directs the Director to prepare an annual report on the weatherization assistance program for submission to Congress and the President. Directs the Director to establish an energy assistance payments program and a crisis intervention program. Authorizes the Director to make grants to States to help low- income and near-poor individuals pay for increased home energy costs, and to provide short-term assistance and counseling to such individuals and their families when threatened with hardship or danger to health or life from lack of fuel, utility shutoff, or other energy-related crises. Authorizes appropriations to carry out such programs for fiscal years 1981 through 1983 and establishes allotments of such funds. Sets forth limitations on the amount of such grants made for energy assistance payments and for crisis intervention. Requires States and approved area applicants to submit an energy assistance and crisis intervention plan in order to receive financial assistance under this Act. Describes required components of such plans, and requires the Director to establish procedures for the approval of such plans. States that individuals or families having income equal to or less than 85 percent of the lower living standards income level, as defined in this Act, shall be eligible for energy assistance payments and for crisis intervention assistance. Authorizes payments under such programs to be made to residential energy suppliers, eligible individuals and families, or to some combination thereof. Requires a State to establish benefit levels, and sets forth criteria for setting such benefit levels. Requires eligible States or areas to designate agencies to administer such programs. Sets forth administrative provisions for such program. Requires the Director to prescribe procedures for appeals, notice, and hearings in the event applications for financial assistance are rejected or not acted upon within the specified period of time. Authorizes the Director to provide technical assistance to States, areas, and local projects for conducting such programs and to provide training for personnel needed in connection with such programs. Requires the Director to provide for continuous evaluation and monitoring of such programs, and to publish the results of such evaluations. Directs the Director to submit such publications to the appropriate congressional committees. Directs the Director to prepare an annual report on such programs for submission to Congress and the President. Authorizes the Director to provide financial assistance to projects and activities designed to educate and counsel low-income and near-poor energy consumers in energy-conservation practices and sound residential energy management, self-help activities in energy conservation and alternative energy applications, and maintenance of weatherization and alternative energy improvements. Directs the President to establish procedures assuring the coordination of all Federal energy assistance programs affecting low-income and near-poor individuals and families. Directs the Director to conduct outreach activities to inform and enroll such individuals and families in such programs. Authorizes the Director to provide financial assistance for research, demonstration, or pilot projects designed to assist in developing new approaches to enable low-income and near-poor individuals and families to participate in energy conservation programs for reducing the impact of high energy costs and reducing energy consumption. Directs the Director to make a public announcement of the award of such grants or contracts and of the results or recommendations made as a result of such activities. Directs the Director to prepare summaries of the result of such activities for submission to the appropriate congressional committees. Stipulates that any assistance provided under this Act shall not be considered income or resources for any purposes, including the determination of eligibility for participation under any Federal, State, or local programs. Repeals provisions under the Economic Opportunity Act of 1964 requiring the establishment of an "Emergency Energy Conservation Services" program.
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, 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, and outpatient occupational therapy services, and outpatient occupational therapy services; (3) home dialysis supplies; (4) diagnostic X-ray 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 lens 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) maximum reasonable cost for such service; and (2) drugs and hearing aid; (B) the charge agreed upon between the provider and 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 obtained 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 (Public Law 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; (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 - Part A, Effective Dates, Transition Provisions, Amendments for a special national premium rate for the period between October 1 and December 31 of the Sets forth effective dates for provisions of this Act. Provides 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 · 3 August 1979
Amends the Internal Revenue Code to prohibit any State, or political subdivision thereof, which imposes an income tax on a corporation from taking into account any amount of income belonging to, or attributable to, any foreign corporation which is also a member of an affiliated group to which the domestic corporation belongs, unless such amount is subject to Federal income tax. Prohibits any State, or political subdivision thereof, from taxing or otherwise taking into account a certain percentage (determined according to specified formulae) of any dividend received by a corporation from a foreign corporation (or by a domestic corporation treated as having received such a dividend). Allows such State, or political subdivision, to take into account only a tax for which a Federal foreign tax credit would be allowed.
United States · United States Congress · 3 August 1979
Amends the Internal Revenue Code to increase the allowable amount of the income tax deduction for eliminating architectural and transportation barriers for the handicapped and aged from $25,000 to $100,000. Makes such tax deduction permanent.
United States · United States Congress · 2 August 1979
Authorizes the Secretary of Defense to budget funds for certain specified purposes to assist the Civil Air Patrol. Authorizes appropriations for such purpose. Authorizes the Secretary of the Air Force to give, sell, or lend to the Civil Air Patrol excess property acquired by the Air Force under the Federal Property and Administrative Services Act of 1949.
United States · United States Congress · 2 August 1979
Asbestos School Hazard Detection and Control Act of 1979 - States the purposes of this Act to be to: (1) establish a Federal task force to ascertain the extent of the danger from asbestos materials in schools to children or employees; (2) require States to establish programs for asbestos inspection in schools; (3) provide scientific and technical assistance to States and local school boards; (4) provide loans for the mitigation of serious asbestos hazards in schools; and (5) assure that no disciplinary action be taken against employees for calling attention to such hazards. Establishes the Asbestos Hazards School Safety Task Force. States that such Task Force's duties shall include: (1) compiling and disseminating medical, scientific, and technical materials to State and local entities; (2) reviewing and approving State applications for grants and loans; and (3) assisting in formulating standards and safety procedures. Requires State educational agencies which seek administrative funds to submit to the Secretary a plan which: (1) describes the manner such State shall disseminate information on the health hazards of asbestos fibers; (2) describes the content of such information; and (3) describes the procedures to be used by the State in maintaining records on asbestos. Authorizes the Secretary to make grants to local educational agencies for the Federal share of the costs of carrying out an asbestos detection program meeting the standards of this Act. Prohibits the making of such grants unless an application has been submitted to and approved by the Secretary after consultation with the task force. Authorizes the Secretary to allocate up to 20 percent of such asbestos detection funds for use in education and technical assistance programs. Requires recipients of such asbestos detection funds to file a report with the Secretary describing detection and testing activities undertaken, the results, and the plan for correcting any discovered asbestos hazards. Establishes an Asbestos Hazards Control Loan Program in the Department of Health, Education, and Welfare. Stipulates that loans from such program shall be: (1) available only to correct imminent asbestos hazards in schools to school children or school employees; (2) limited to projects covering more than 2,500 square feet; (3) for a period not exceeding 20 years; and (4) interest free. Requires applications for such loans to describe: (1) the nature of the asbestos problem; (2) the results of preliminary testing; and (3) the methods to be used to correct such problem. Requires the Secretary to report annually to the appropriate House and Senate committees regarding such loan program. Directs the Secretary to promulgate and distribute to the States safety standards and procedures for testing the level of asbestos in schools, for determining the likelihood of the leakage of asbestos into the school environment, and for determining which contractors are qualified to carry out testing and evaluation procedures. Stipulates that no employer receiving funds under this Act shall discharge or discriminate against any worker who focuses public attention on an asbestos problem in his or her school district. Stipulates that nothing in this Act shall restrict any other legal rights in connection with the purchase or installation of asbestos materials in schools, or with any claim of disability or death from exposure to asbestos in a school setting. Grants the United States a right of recovery for claims under this Act.
United States · United States Congress · 2 August 1979
Amends the Internal Revenue Code to allow individual taxpayers an income tax credit for a specified portion of the cost of home heating oil purchased by such taxpayer for use in his principal residence. Limits the amount of such credit to $250 for a taxable year. Reduces the amount of such credit by five percent of the amount by which the adjusted gross income of the taxpayer exceeds $20,000, and by the amount of any State or Federal grant money received by the taxpayer for the purchase of home heating oil. Qualifies tenants for a certain amount of such credit based upon amount of rent paid.
United States · United States Congress · 2 August 1979
Export Trading Company Act of 1979 - Title I: Establishment of Export Trading Companies - Sets forth the procedure for the licensing of export trading companies. Prohibits licensing any such company if: (1) a foreign entity owns stock in such company; (2) any person owns more than 20 percent of the stock of such company and does not submit a divestiture plan; or (3) such company engages in manufacturing directly or indirectly as a member of a controlled group of corporations. Gives the Secretary of Commerce exclusive jurisdiction to determine whether such company meets the terms and conditions of its license. Sets forth the procedures to be followed and the remedies for violations. Makes licensed export trading companies eligible for loans and guarantees from the Export-Import Bank of the United States, the Small Business Administration, and the Economic Development Administration, to meet export-related operating expenses. Authorizes the Export-Import Bank to provide loan guarantees to such companies. Permits banks and bank holding companies to purchase a portion of the equity securities of licensed export trading companies. Exempts licensed export trading companies from the antitrust laws as long as specified conditions do not exist. Title II: Tax Treatment of Export Trading Companies and their Shareholders - Amends the Internal Revenue Code of 1954 to permit licensed export trading companies to elect not to be subject to taxes imposed by this title. Stipulates that distributions from such companies shall be included in gross income or applied to reduce the basis of the stock to the shareholder. Permits the investment tax credit of electing companies, to be allowed as a credit to the shareholders of such company according to a specified formula. Makes shareholders of such companies eligible for a foreign tax credit. Prohibits the allocation of income and deductions among taxpayers, when such taxpayers are an electing export trading company and a foreign subsidiary of such company. Stipulates that net operating losses of such companies shall be only carried over. Requires those companies electing to be subject to taxes imposed by this title to include specified information in their returns. Requires each such company to report annually to the Secretary of the Treasury summarizing its operations.
United States · United States Congress · 2 August 1979
Nutrition Labeling and Information Amendments of 1979 to the Federal Food, Drug, and Cosmetic Act -- Amends the Federal Food, Drug, and Cosmetic Act to require the publication of additional nutritional information on food package labels. Authorizes exemptions from prescribed guidelines for such labeling if the Secretary of Health, Education, and Welfare determines that compelling local conditions require the application of a satisfactory, but otherwise federally-pre-empted, State or local labeling statute or regulation. Authorizes the Secretary to approve demonstrations to ascertain the most effective methods of organizing a food label and of conveying required information to consumers. Requires written evaluations of such demonstrations. Directs the Secretary, in consultation with the Secretary of Agriculture, to develop, pilot test, and implement a program of consumer education on how to use nutrition labels effectively. Directs the Secretary to notify the Federal Trade Commission of the nutritional information required on labeling and to recommend what information should be required on advertising.
United States · United States Congress · 2 August 1979
Department of Agriculture Nutrition Labeling and Information Act of 1979 - Directs the Secretary of Agriculture, after consultation with the Secretary of Health, Education, and Welfare, to develop and implement a nutrition labeling and information system for meat, meat food products, poultry, and poultry products capable of use as human food. Specifies general contents of such nutrition labeling. Authorizes exemptions from the requirements of this Act to the extent that compliance is impracticable, would result in unfair competition, or is not necessary to provide such health information to consumers. Vests the United States district courts with jurisdiction to specifically enforce, and to prevent and restrain violations of this Act. Authorizes the Secretary to approve demonstrations to ascertain the most effective methods of organizing the information on labels of such meat and poultry products. Requires written evaluations of such demonstrations. Authorizes the Secretary to develop and publish a standardized reference on the nutrient composition of all foods. Authorizes appropriations for fiscal years 1981 through 1983 for the development of such reference. Directs the Secretary to notify the Federal Trade Commission of the nutrition information required on labeling and to recommend what information should be required on advertising. Requires the Secretary to develop and promulgate a system of retail quality grade standards for meat, poultry, and dairy products, fresh fruits, and vegetables, expressed in a uniform nonmenclature. Requires all such products sold after implementation of such standards to be conspicuously labeled with such standards, or with the statement: "Not quality graded by the United States Department of Agriculture." Requires implementation of the grade system two years after enactment.
United States · United States Congress · 1 August 1979
Expresses the sense of the Senate that low-income elderly and handicapped individuals be appointed to, or serve as advisers to, State commissions regulating public utilities.
United States · United States Congress · 30 July 1979
Savings and Investment Encouragement Act of 1979 - Title I: Incentives for Individual Saving - Amends the Internal Revenue Code to exclude from gross income up to $100 of the interest earned on a savings account. Permits an exclusion of up to $500 for interest which is reinvested in a savings account. Excludes from gross income up to $500 of dividends received which are reinvested in the stock of domestic corporations. Requires that the sum of the adjusted basis of stock in domestic corporations held by the taxpayer plus the amount held in a savings account (investment base) on the last day of a taxable year exceed the investment base of the taxpayer as of the first day of such taxable year, plus the amount of dividends and interest excludible for such taxable year. Title II: Incentives for New Plant and Equipment - Revises the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Allows a ten percent investment tax credit for buildings and tangible property, and a six percent credit for automobiles, taxis, and light-duty trucks. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the cost recovery period. Permits taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year. Title III: Incentives for Research and Development - Qualifies research and development expenditures related to a trade or business for the investment tax credit.
United States · United States Congress · 30 July 1979
State Social Security Deposit Act of 1979 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to direct a State to pay to the Secretary of the Treasury, within 30 days following the end of each month, OASDI contributions related to the employment of State employees.
United States · United States Congress · 21 July 1979
Urban Grant University Act of 1980 - Amends the Higher Education Act of 1965 to authorize the Commissioner of Education to make grants to urban universities (as defined by this Act) to assist them in carrying out urban-oriented projects. Sets forth grant application guidelines, including a requirement that no project grant may exceed 90 percent of such project's total cost. Stipulates that any institution receiving assistance under this Act shall be designated as an "urban grant university." Requires the Commissioner to publish annually a list of such urban grant universities. Limits the annual amount of such assistance to institutions in any one State to 15 percent of the total amount paid.
United States · United States Congress · 21 July 1979
Sound Recording Performance Rights Amendment - Amends the copyright law to give the owner of a sound recording copyright the exclusive right to perform or authorize the performance of the copyrighted work publicly. Exempts specified educational, religious, literary, and governmental performances of sound recordings from copyright infringements. Limits further the exclusive right of the owner of copyrights of sound recordings of specified kinds of works to the right to perform publicly all or any part of the actual sounds fixed in such recordings. Stipulates that the exclusive right to perform publicly, by means of a phonorecord, a copyrighted literary, musical, or dramatic work, and to perform publicly a copyrighted sound recording are separate and independent rights under this Act. Subjects the exclusive performance right in a sound recording to compulsory licensing if phonorecords of such recording have been distributed to the public under the authority of the copyright owner. Sets forth the requirements for obtaining such license. Establishes the royalty rates or payments for broadcast stations based on gross receipts of advertising sponsors, and gives the compulsory licensee the option of computing such royalty fees on either a prorated or blanket basis. Directs that royalty fees shall be deposited by the Register of Copyrights in the United States Treasury and invested by the Secretary of the Treasury in interest-bearing United States securities. Establishes the procedure for the distribution of royalties to persons claiming entitlement to compulsory license fees. Exempts certain broadcast stations and transmitters which publicly perform a copyrighted sound recording from liability for infringement and compulsory licensing requirements if the gross receipts of such stations are less than specified amounts. Stipulates that if an owner of a copyright authorizes the public distribution of material objects that reproduce such copyrighted sounds but do not include any accompanying motion picture, a compulsory licensee shall be freed from further liability for infringement for the public performance of such sounds. Directs the Copyright Royalty Tribunal to retain the services of one or more private, nongovernmental entities to monitor and value sound recording performances, distribute royalty funds to recipients, and perform other functions deemed necessary.
United States · United States Congress · 20 July 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 decisionmaking regarding his or her medical treatment 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 for the mentally ill or which is owned and operated by the Federal Government or which is affiliated with a correctional institution.
United States · United States Congress · 17 July 1979
Health Maintenance Organizations Medicare Reimbursement Amendments of 1979 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions relating to payments to and contractual arrangements with health maintenance organizations (HMO) on behalf of individuals eligible for Medicare. Directs the Secretary of Health, Education, and Welfare to determine annually a per capita rate of payment for each class of individuals entitled to benefits under such title who are enrolled pursuant to this Act with a HMO. Directs the Secretary to define classes of members based on such factors as age, sex, institutional status, disability status and place of residence. Provides a rate for each class equal to 95 percent of the adjusted average per capita cost for that class. Defines the term "adjusted average per capita cost" to mean the average per capita amount that the Secretary estimates would be payable for services furnished under the Medicare program, if the services were to be furnished by other than an HMO. Provides that every individual entitled to benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) of title XVIII or part B only shall be eligible to enroll with an HMO with which the Secretary has contracted to provide services. Sets limits on an HMO's premium rate and the actuarial value of its other charges for individuals enrolled under this Act. Authorizes the Secretary to contract with any HMO that can provide the benefits required by this Act.
United States · United States Congress · 11 July 1979
Environmental Emergency Response Act - Defines containment as the onsite actions taken in the event of a discharge or release or significant threat of discharge or release of a hazardous substance from a hazardous substance disposal site to prevent or minimize such discharge or release. Defines hazardous substance as: (1) any hazardous substance so designated by the Clean Water Act; (2) any hazardous waste having the characteristics identified under or listed pursuant to the Solid Waste Disposal Act; (3) any toxic pollutant listed under the Clean Water Act; (4) any hazardous air pollutant listed under the Clean Air Act; (5) any imminently hazardous chemical substance or mixture as defined by the Toxic Substances Control Act; (6) any substance or mixture designated as a hazardous substance by the President pursuant to this Act; or (7) any element, substance, compound, or mixture which after release into the environment and upon exposure, ingestion, inhalation or assimilation into any organism, directly or indirectly, will or may reasonably be anticipated to cause death, physical or behavioral malfunction or disease. Directs the President to promulgate and revise regulations designating as hazardous substances, in addition to those defined above, such elements and compounds which, if released in a determined quantity into the environment, may present substantial danger to the public health or environment. Prohibits the discharge of any hazardous substance in violation of the Clean Water Act or the release or disposal of such substances which may affect the natural resources belonging to, appertaining to, or under the exclusive management authority of the United States. Directs any person in charge of any vessel or onshore or offshore facility which is discharging, releasing, or disposing of a hazardous substance to immediately notify the appropriate agency of the United States Government of such discharge, release, or disposal. Establishes criminal penalties for failing to provide such notice. Requires any person subject to liability for a noncomplying waste disposal site to notify the Administrator of the Environmental Protection Agency (EPA) within a specified period of: (1) the existence of such site; (2) the amount and type of hazardous substances to be found at such site; and (3) the likelihood of discharge or release of such substances from such site. Establishes criminal penalties for failing to provide such notice. Precludes such persons from any limitation or defense of liability to which they would otherwise be entitled. Prohibits such persons from knowingly rendering unavailable or unreadable any record relating to the to the site or any hazardous substances contained or deposited therein. Authorizes the Administrator to establish and enforce such control or removal requirements as are deemed appropriate to protect the public health and environment from any hazardous substance disposal site not in compliance. Authorizes the President to take any emergency response measure including removal or containment, necessary to protect the public health or the environment whenever a hazardous substance is discharged or released into the environment, unless it is determined that the owner or operator of the source of the release will properly remove such substance. Directs the President, within a specified period, to revise and republish the National Contingency Plan for the removal of oil and hazardous substances to reflect and effectuate the responsibilities and powers created by this Act. Specifies that such revision include a National Hazardous Substance Disposal Site Response Plan, such plan to include: (1) methods for discovering and investigating such sites; (2) methods for evaluating and containing any actual or threatened discharges or releases from such sites which pose a substantial danger to the public health or the environment; (3) methods and criteria for determining the appropriate extent of emergency response, containment, and other measures authorized by this Act; (4) appropriate roles and responsbilities for various governmental and nongovernmental entities in effectuating the Plan; (5) provision for response equipment and supplies; and (6) provision for reporting the existence of and any releases of hazardous substances from sites which may be located on federally-owned or controlled properties. Authorizes the Administrator to require any person involved in activities which may present a danger to public health or the environment related to the handling, storage, treatment, transportation, or disposal of any hazardous substance to take any necessary actions to ascertain the nature and extent of such danger, or to bring suit in the appropriate United States district court to require any such person to take such actions. Makes the owner or operator of a vessel or an onshore or offshore facility from which a hazardous substance is discharged jointly and severally liable for specified damages resulting from such discharge, with specified exceptions. Authorizes the President or the authorized representative of a State to act on behalf of the public as trustee of any natural resources damaged or lost as a result of such discharge and to recover for such damages. Stipulates that each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government shall be subject to and comply with this Act. Imposes liability upon any generator or transporter of any hazardous substance for such discharge by the facility which was the source of the discharge if such generator or transporter could have reasonably anticipated such discharge. Imposes punitive damages upon the owner or operator of a hazardous substance disposal site for failure to properly provide emergency response or containment upon request of the President. Establishes in the United States Treasury a Hazardous Substance Response Fund to be constituted from specified fees, and all moneys recovered on behalf of the Fund or recovered or collected under the Clean Water Act. Requires manufacturers, importers, and generators of hazardous substances to pay fees on each unit of hazardous substance produced, manufactured, or imported into the United States and each unit of hazardous waste generated. Authorizes the Secretary of the Treasury to promulgate rules and regulations relating to the collection of such fees, and sets forth civil and criminal penalties for violation of such regulations. Authorizes the Secretary to invest any excess of the Fund in interest-bearing special obligations of the United States. Directs the President to issue notes or other obligations to the Secretary in the event the moneys available in the fund are inadequate to meet the obligations of the fund. Directs the Administrator of EPA, the Commandant of the Coast Guard, and the Comptroller General to conduct a study of possible incentives to safer operation of vessels and facilities to reduce the potential of discharges or releases of hazardous substances, and of measures to prevent or avoid the occurrence of such discharges. Sets forth the purposes for which Fund moneys may be used. Authorizes the President to delegate his duties under this Act to the heads of appropriate Federal agencies, departments, and instrumentalities. Directs the President to establish a national priority system for responding to releases of hazardous substances and a system whereby States affected by such discharges may act to provide emergency response and be reimbursed for reasonable costs incurred thereof. Directs the President to notify an owner, operator, or guarantor of a vessel or an offshore or onshore facility of any allegation as to costs incurred for removal or damages resulting from the discharge of a hazardous substance for which such person would be liable under this Act. Sets forth procedures for the disposition of claims resulting from such discharges. Establishes a six year statute of limitation for claims presented or actions commenced under this Act. Subrogates to the United States Government all rights of a claimant to recover the costs of removal or damages from the person responsible for a hazardous substance discharge prior to payment of any claim by the Fund. Subrogates any person, including the Fund, who pays compensation pursuant to this Act to any claimant for damages or removal costs, to all rights, claims, and causes of action for such damages and removal costs of such claimant. Directs the Attorney General, upon request of the President, to commence on action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act. Directs the President, acting through the Administrators of the EPA and the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service, to issue regulations for the assessment of damages for injury to or loss of natural resources resulting from a discharge of hazardous substances. Directs the Comptroller General to provide for auditing of all payments and other uses of the Fund. Requires owners and operators of vessels carrying hazardous substances and of onshore and offshore facilities to establish and maintain evidence of financial responsibility in an amount consistent with the risks associated with the transportation, treatment, storage, or disposal of hazardous substances. Imposes civil penalties on such persons for failure to comply with such requirements. Authorizes judicial review of any regulation issued under this Act only in the United States Circuit Court of Appeals for the District of Columbia. Grants jurisdiction to the United States district courts over all controversies arising under this Act. Makes conforming amendments to the Clean Water Act. Transfers to the Fund one-half of any sums appropriated under the oil and hazardous substances liability provisions of such Act and all of the sums appropriated under the emergency powers provisions of this Act. Terminates the authority to establish and collect fees under this Act on October 1, 1986.
United States · United States Congress · 10 July 1979
Amends the National Labor Relations Act to provide that the duty to bargain collectively includes bargaining with respect to retirement benefits for retired employees.
United States · United States Congress · 10 July 1979
Venture Capital Tax Reform Act - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of qualified venture capital stock (if within two years after the sale of such stock the taxpayer purchases replacement property) except to the extent that the taxpayer's sales price exceeds the cost of such replacement property. Defines "qualified venture capital stock" as the first $5,000,000 of stock issued by a newly formed, domestic, unaffiliated corporation engaged in manufacturing, research, or extraction. Applies such nonrecognition only to the sale of stock held by the taxpayer for ten years or more. Reduces the basis of replacement property (any qualified venture capital stock) by the amount of gain not recognized solely by reason of the application of this Act. Treats as an ordinary loss (the aggregate amount of which may not exceed $100,000 annually) a loss on the sale of qualified venture capital stock which would otherwise be treated as a capital loss. Applies the current tax treatment of qualified stock options to stock options for venture capital. Requires, for the first ten years of existence of any newly established, unaffiliated business, a net operating loss carryover to each of the ten taxable years following the taxable year of such loss beginning after December 31, 1979. Eliminates the limitation on the deduction for interest on investment indebtedness.
![Official portrait of Sen. Javits, Jacob K. [R-NY]](https://www.congress.gov/img/member/j000064_200.jpg)