United States · United States Congress · 24 January 1980
Special Afghanistan and Somalian Refugee Relief Act - Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance for refugees from Afghanistan and Somalia, through the United Nations and other international agencies to the maximum extent possible. Directs the President to report to the appropriate congressional committees regarding the obligation of funds pursuant to this Act.
United States · United States Congress · 24 January 1980
Emergency Federal Crude Oil Sale, Use, and Storage Act of 1980 - Directs the Secretary of Energy, the Secretary of the Interior, and the heads of other Federal agencies having responsibility for the disposition of Federal crude oil to undertake a study of alternative means for the disposition of such oil and the economic implications of such alternatives on the domestic economy. Requires that such report be transmitted to Congress within 120 days of the date of enactment. Authorizes the Secretary of Energy, pending completion of such study, to extend, for a period of up to 120 days with the concurrence of the existing purchaser, the contracts for the sale of Federal crude oil produced from the Elk Hills and Teapot Dome Naval Petroleum Reserves. Directs the Secretary of Energy and the Secretary the Interior, after consultation with the appropriate Federal agency heads, to develop a program for the use and disposition of Federal crude oil in accordance with this Act. Authorizes the Secretary of Energy and the Secretary of the Interior to implement such program by: (1) storing such crude oil in the Strategic Petroleum Reserve; (2) entering into contracts to have such crude oil refined into products to be used by the Department of Defense and other Federal agencies or exchanged for products to be used by such departments or agencies; and (3) selling such crude oil at prices not in excess of the average price of domestic crude oil exempted price controls. Sets forth specified preferences and limitations concerning such sales. Exempts Federal royalty crude oil from the provisions of this Act, except that any such oil not presently subject to price controls shall be sold at prices not in excess of the average price of domestic crude oil exempted from price controls. Terminates the authority contained in this Act one year from the date of its enactment. Voids any proposed sale or bid awards or contracts entered into by the Secretary of Energy between January 1, 1980 and February 1, 1980.
United States · United States Congress · 20 December 1979
Amends the Commodity Credit Corporation Charter Act to establish in the Treasury an Agricultural Export Credit Revolving Fund to finance short-term export credit sales of agricultural commodities produced in the U.S. and to make loans for the construction or acquisition of facilities to improve the capacity of foreign countries to handle, market, process, store, or distribute such agricultural commodities. Requires that all sums received by the Commodity Credit Corporation from the liquidation of loans made to finance short-term export credit sales of such agricultural commodities be added to and become a part of such fund. Authorizes appropriations in specified amounts for fiscal years 1981 through 1983 to such fund. Directs the Secretary of Agriculture to report annually to Congress on the export credit sales program carried out by the Corporation in the last fiscal year. Abolishes such fund effective October 1, 1983. Requires that all unobligated money in such fund become a part of the miscellaneous receipts account of the Treasury.
United States · United States Congress · 20 December 1979
Center for Defense Services Act - Declares the policy of Congress to aid State and local efforts to promote the fair administration of criminal justice in State court proceedings and the uniform provision of defense services to individuals unable to afford counsel. Establishes in the District of Columbia the Center for Defense Services as a private nonmembership nonprofit corporation. Grants the Center the authority to: (1) make grants and contracts to programs to provide defense services to eligible clients which substantially comply with nationally recognized standards; (2) provide research and technical assistance, and make grants or contracts for demonstration projects to further the purposes of this Act; (3) provide for the review, monitoring, and evaluation of the provision of defense services, whether or not furnished by a recipient of funds from the Center; and (4) make other grants or contracts to carry out the purposes of this Act. Directs the Center to promulgate regulations and guidelines to carry out this Act, including provision for substantial participation and advice from eligible clients in the decisionmaking process of defense services programs receiving assistance. Sets forth requirements with respect to grants and contracts made by the Center, such as the authority to require matching funds and a requirement that recipients of funds keep records. Requires the accounts of the Center to be audited annually and the report of the annual audit to be filed with the General Accounting Office.
United States · United States Congress · 20 December 1979
Expresses the Senate's support for efforts to win the freedom of the hostages in Iran. Calls upon all nations to join in cooperative efforts to restrict relations with Iran. Declares that: (1) any trial or public exploitation of the hostages would be viewed as added provocation; and (2) the American people will not be diverted from their determination that the hostages be freed.
United States · United States Congress · 19 December 1979
Northeast Corridor Completion Act of 1979 - Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to extend the time period within which (1) regularly scheduled and dependable intercity rail passenger service is to be established between Boston and New York and New York and Washington, D.C.; and (2) the National Railroad Passenger Corporation must submit to the President and to Congress an updated, comprehensive report on the financial and operating results of such service. Increases the amount authorized to be appropriated to effectuate the establishment of such service. Authorizes the Secretary to acquire any real property which the Secretary deems necessary to effectuate such service. Authorizes the Secretary to enter into contracts with cost- sharing parties to permit the Secretary to incur obligations to carry out improvements in anticipation of reimbursement from such parties. Permits the Secretary to transfer to the National Railroad Passenger Corporation excess real or personal property from the Northeast Corridor Improvement Project. Establishes a goal of self- sufficiency for such intercity passenger service within five years of the completion of such Project. Amends the Department of Transportation Act to authorize the Secretary to establish a working capital fund for financing the activities of the Transportation Systems Center, including research and analysis.
United States · United States Congress · 18 December 1979
Regulatory Flexibility and Administrative Reform Act of 1979 - Title I: The Management, Planning, and Analysis of Regulatory Functions - Defines the term "major rule" as an agency rule that is estimated will have an annual effect on the economy of $100,000,000 or more or otherwise will have a major impact. Establishes the Regulatory Policy Board which shall: (1) publish a semiannual Calendar of Federal Regulations containing information on all major rules to be developed or considered by agencies during the next year; (2) identify overlapping and duplicative agency rules; (3) monitor agency compliance with this Title; (4) organize interagency reviews of selected initial regulatory analyses of major rules; and (5) develop methods to reduce duplicative reporting requirements imposed by Federal, State, and local governments. Requires the Executive Director of such Board: (1) in consultation with the Director of the Federal Register, to develop categories for the classification of all agency rules; (2) to compile the classifications of rules which shall be submitted and updated annually by each agency into a comprehensive index of all agency rules; and (3) to publish in the Federal Register instructions for public access to such index. Directs any agency which collects, prepares, or maintains information pertaining to Federal regulatory activities to supply the Board with such information upon request. Requires each regulatory agency: (1) to publish in the Federal Register a semiannual regulatory agenda containing a list of rules the agency expects to propose or promulgate and a description of the areas of regulatory inquiry which the agency will consider during the next year; (2) to solicit public comment on such agenda; (3) to include in the notice of a rulemaking or judicatory proceeding the date by which the agency intends to complete such proceeding; and (4) to notify the public and the Executive Director of any failure to meet such a deadline, of the new completion date, and of the reasons for such a failure. Directs an agency, whenever it is required to publish general notice of a proposed major rule, to prepare and make available to the public an initial regulatory analysis which: (1) describes the need for the rule; (2) describes compliance requirements of the rule; (3) identifies existing duplicative rules; (4) describes alternative approaches for accomplishing the objective of the proposed rule; and (5) describes the economic, health, safety, and environmental effects of the rule. Requires that each agency prepare for each adopted major rule a final regulatory analysis which includes a summary of public comments received on the initial analysis and a justification of the selection of the final rule. Directs each agency to include in the general notice of any proposed rule an initial regulatory flexibility analysis which: (1) describes any adverse economic impact of the rule on individuals, small businesses, small organizations, and small governmental jurisdictions; and (2) discusses alternative regulatory approaches such as varying compliance requirements depending on the resources of the person affected by the rule. Requires each agency to prepare for each final rule a final regulatory flexibility analysis which summarizes comments received on the initial analysis and justifies the selection of the final rule. Specifies techniques through which the head of an agency promulgating a rule shall assure that persons adversely affected by the rule are provided an opportunity to participate in the rulemaking proceeding. Prohibits any Federal agency from: (1) regulating or licensing entry under a scheme when such entry is limited; (2) setting levels for or otherwise controlling the prices, production, or distribution of goods or services; or (3) controlling the terms of agreements among providers and purchasers of goods or services, unless the agency finds such an action to be the least anticompetitive alternative for achieving a statutory goal. Specifies exceptions to the applicability of such prohibition. Requires each agency to establish procedures for notifying the Attorney General of any plans for such an action. Requires each agency to prepare a list of all major rules promulgated by that agency and to publish in the Federal Register a draft schedule for the review over a five-year period of its rules, policies, and practices. Sets forth guidelines for selecting such precepts to review. Directs each agency to publish a final review schedule within one year of the effective date of this Act. Requires that each agency announce the review date for each major rule upon its publication. Requires each agency to publish an assessment of each precept reviewed including a statement of the benefits, adverse effects, costs of such precept, and a determination as to whether the precept should be rescinded, amended, or continued without change. Directs the President to transmit to Congress: (1) an evaluation of the effectiveness of this procedure for reviewing agency precepts; and (2) legislative recommendations for establishing another five-year review period. Requires the Regulatory Policy Board to report to the President and Congress on the regulatory activities of Federal agencies during each of the five fiscal years after the enactment of this Act. Specifies the contents of such report, including an evaluation of agency compliance with this Act. Requires the Director of the Congressional Budget Office, for each of the first three fiscal years after enactment of this Act, to monitor agency compliance with regulatory analyses requirements of this Act. Title II: Improving the Efficiency of Administrative Proceedings - Eliminates the exemption from public notice and comment requirements under the Administrative Procedure Act for agency rulemaking concerning Federal loans, grants, and benefits. Exempts from such requirements emergency rules and rules governed by short term statutory or judicial deadlines, provided that an agency complies with such requirements after publication of such a rule when appropriate. Requires each agency: (1) to include in the general notice of proposed rulemaking statements soliciting alternative approaches to the regulatory objective and describing the paperwork requirements of the proposed rule; (2) to resolve controversies concerning proposed major rules through oral or written procedures including informal public hearings, expert advisory councils, and the presentation of witnesses; and (3) to include a response to issues raised by public comments with the statement of the basis and purpose of a final rule. Requires each agency to maintain a file of information on each rulemaking proceeding. Specifies the contents of such file which include: (1) any information which the agency is required to make public; and (2) a record of the source, recipient, and content of any communication with an agency official regarding a proposed major rule. Reorganizes provisions of the Administrative Procedure Act governing adjudication and rulemaking proceedings required by statute to be determined on the record after opportunity for an agency hearing. Declares that if the presiding employee at such a hearing becomes unavailable, another qualified employee shall conclude the hearing. Enumerates the powers of such a presiding employee. Authorizes such employee to cross-examine witnesses and to request the agency to consider and act on interlocutory appeals when action on such appeals would expedite final agency action. Directs such employee to: (1) oversee the expeditious completion of such hearing; and (2) provide a concise record of the important matters of the proceeding. Provides two levels for conducting such adjudication and rulemaking proceedings. Establishes a "general hearing process" which applies to: (1) any rulemaking, ratemaking, or licensing proceeding except a proceeding to withdraw, suspend, or revoke a license or a proceeding before the Nuclear Regulatory Commission; (2) a proceeding to determine an initial claim of a party, other than an individual, for a subsidy, right, or other benefit; and (3) any other proceeding which the agency determines does not require a "formal hearing" for a fair disclosure of all material facts. Requires a "formal hearing": (1) for all other proceedings required by statute to be determined on the record; and (2) when there is a genuine and substantial dispute of fact in a general hearing which cannot be resolved without formal cross-examination and upon which the decision of the agency is likely to depend. Requires, in any general hearing proceeding, the conduct of a hearing to afford parties an opportunity to submit written data, and, at the request of any party, an opportunity for oral argument. Prohibits any agency employee who performs investigative or prosecuting functions for the agency in such a proceeding from participating in the decision making process of that proceeding. Authorizes the presiding employee at a formal hearing to: (1) rule on offers of proof and relevant evidence; (2) require written testimony and arguments when oral testimony is not required; and (3) upon request, to issue a decision prior to completion of the hearing if there is no substantial dispute of fact. Prohibits any employee presiding over a formal hearing or participating in any decision or review of a decision of such a hearing from: (1) making ex parte communications; or (2) being responsible to an employee or agent performing investigative or prosecuting functions for an agency. Allows: (1) members of employee boards of review to consult with each other; and (2) persons advising a presiding employee to consult with each other and with the presiding employee. Authorizes each agency to establish employee review boards to review the decisions of presiding employees. Directs each agency to specify the conditions under which it will accept an appeal of the decision of such a board or presiding employee. Authorizes an agency to subpoena any person or evidence as necessary in any general or formal hearing proceeding. Sets forth: (1) the civil penalty for persons who fail to comply with a subpoena; and (2) the judicial procedure for enforcement of such a subpoena. Requires each agency to maintain a public file of significant material concerning the major stages of a proceeding. Permits an action to be brought in the U.S. Court of Appeals for the review of an agency rule if there is no applicable special statutory review proceeding. Requires the Chairman of the Administrative Conference of the United States to recruit for administrative law judge positions among all groups of qualified persons. Directs the Chairman, in cooperation with the Office of Personnel Management (OPM), to examine, rank, certify, and register eligible candidates for such positions. Requires the Conference to certify the names of the ten highest ranked candidates to an agency requesting candidates for such a position. Limits to 350 the number of administrative law judges which may be appointed to positions in the GS-16, GS-17, and GS-18 levels of the General Schedule. Directs the Chairman to select administrative law judges to be detailed from one agency to another upon the consent of the transferring agency and the judge selected. Establishes the Administrative Law Judge Career Service consisting of judges appointed under this Act. Title III: Review of the Effectiveness of and Continuing Need for Government Regulation - Directs the President to establish a Committee on Regulatory Evaluation to advise the President concerning the reform of regulation by Federal agencies. Specifies the composition of the Committee and the compensation of Committee members. Requires the Committee to meet at least twice a year. Directs Congress to evaluate according to a specified schedule the regulatory functions of certain agencies and any reform legislation or report transmitted by the President concerning each such agency. Requires the Committee to examine each agency scheduled for review and to submit to the President any recommendations for legislation for reforming such agency. Directs the President, prior to the scheduled date for congressional review of an agency, to submit to Congress a report and any proposed legislation concerning the regulatory reform of that agency. Requires that such report: (1) examine the impact of each agency's regulatory activities; (2) compare the agency's regulatory policies to those of other agencies; and (3) explain in detail the proposed regulatory reforms or the reasons for not proposing a regulatory reform bill. Sets forth House and Senate procedure for considering such reform legislation. Title IV: The Administrative Conference of the United States - Changes the term of office of the Chairman of the Administrative Conference of the United States to a four year term which coincides with the term of the President. States that at least one-fourth of the members of the Conference appointed by the Chairman shall be representatives of regulated interests. Directs the Conference to establish a Committee on Administrative Procedure to draft procedural rules for agency rulemaking proceedings and adjudications. Requires that such rules be designed to enhance public participation in agency proceedings. Title V: Miscellaneous - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 11 December 1979
Georges Bank Protection Act - Provides measures for the protection of fishery resources on the Georges Bank from environmental degradation due to oil and gas well drilling activities. Establishes a biological task force composed of specified Federal agency appointees to make recommendations for the protection of such resources to the Secretary of the Interior. States that such task force shall exist during the entire period of oil and gas activity on the Georges Bank. Requires the President to direct the appropriate agencies to: (1) expedite the promulgation of regulations concerning safety, enforcement, and the Fishermen's Contingency Fund, under the Outer Continental Shelf Lands Act and the Outer Continental Shelf Lands Act Amendments of 1978; and (2) complete the reports relating to at-sea spill cleanup and mitigation mandated by the requirements of the National Oil and Hazardous Substances Pollution Control Plan.
United States · United States Congress · 5 December 1979
Requests the President to work with the Secretary General of the United Nations and other nations to convene an international conference on Cambodia: (1) to bring an end to the conflict in Southeast Asia; and (2) to consider the needs of the Khmer people.
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 · 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 · 1 November 1979
Chrysler Corporation Loan Guarantee Act of 1979 - Authorizes the Secretary of the Treasury to enter into commitments to guarantee loans made to Chrysler Corporation if the Secretary determines that: (1) such a commitment is needed to enable Chrysler to continue to operate and the failure to meet this need would adversely and seriously affect the employment or economic situation in the United States or any of its regions, or the degree of competition in the automobile industry; (2) Chrysler has submitted a feasible operating plan for its 1980 fiscal year and the next three fiscal years demonstrating its ability to continue as a going concern in the automobile business without additional Federal assistance after December 31, 1983; and (3) Chrysler has submitted a satisfactory financial plan which includes at least $1,500,000,000 in funds that are not guaranteed by the Federal Government. Requires a portion of such nonfederal funds to be in the form of commitments and concessions contributed after October 17, 1979, by financial institutions, Chrysler's creditors, shareholders, and employees, and management, State and local governments, labor unions, and other entities with an economic stake in Chrysler. Prohibits the amount of outstanding guarantees actually issued by the Secretary from ever proportionately exceeding the amount of such nonfederal funding obtained and not repaid. Permits Chrysler to obtain capital and cash in order to meet the required level of nonfederal funding through a merger, the sale of securities, assets, or other transactions consummated after October 17, 1979. Requires the Secretary to receive assurances as to the availability and adequacy of all financing contemplated by the financing plan before entering any commitments to guarantee loans. Stipulates that the Secretary may issue guarantees only pursuant to commitments. Requires such commitments to provide that guarantees will only be issued if the Secretary determines that: (1) Chrysler would otherwise be unable to obtain credit upon reasonable terms sufficient to meet the needs of its operating plan; (2) there is a reasonable prospect of repayment; (3) the loan bears interest at a reasonable rate determined by the Secretary not less than the current average yield on Treasury securities of comparable maturity; (4) Chrysler continues to comply with an operating and financial plan or a revision which is feasible and satisfactory to the Secretary; (5) Chrysler has agreed to deliver rolling four-year operating and financial plans to the Secretary and an annual analysis of deviations in performance from the targets set forth in such plans; and (6) Chrysler has complied with the requirements set forth in the terms of any commitment. Renders any determination made by the Secretary under this Act conclusive upon the issuance of a loan guarantee. States that the validity of any guarantee shall be incontestable except for fraud or material misrepresentation on the part of the holder thereof. Authorizes the Secretary to determine the form of all guarantees issued under this Act. Directs the Secretary to collect, at least once a year, a guarantee fee of at least one-half percent per annum on the outstanding guaranteed loan principal computed daily. Authorizes the Secretary to negotiate appropriate additional terms to compensate the United States for the risk it assumes in issuing loan guarantees. Requires that all guaranteed loans mature no later then December 31, 1990. Prohibits waiver or amendment of the terms of any guaranteed loan without the Secretary's consent. Requires each commitment to contain appropriate protective provisions. Directs the Secretary to require security for the loans guaranteed under this Act, subordination of existing creditors, and that Chrysler pay no dividends on any common or preferred stock. Permits the Secretary to waive such requirements if necessary to enable Chrysler to obtain financing and if, despite such waiver, there is a reasonable prospect of repayment. Directs the Secretary to require a change in Chrysler's management if the Secretary determines that the inability of Chrysler to obtain credit without guarantees is a result of the failure of management to exercise reasonable business prudence. Authorizes the Secretary to inspect the records of Chrysler or any of its affiliates for which an application for a loan guarantee has been submitted. Authorizes the General Accounting Office to conduct a detailed audit of Chrysler and its affiliates. Directs the Office to report the results of such audit to the Secretary and the Congress. Prohibits the outstanding principal amount of loans guaranteed by the Secretary from exceeding $1,500,000,000 at any one time. Directs the Secretary to enforce the rights of the United States as a guarantor under this Act. Entitles the Secretary to recover any payments made pursuant to a guarantee from Chrysler, its affiliates, or any other liable person. Empowers the Secretary to utilize all available remedies in enforcing the rights of the United States and to bring actions in the United States district courts or any other appropriate court to enforce compliance with this Act or the terms of any agreement. Grants jurisdiction to such courts to hear such actions and to fashion appropriate remedies. Prohibits the Secretary from guaranteeing any tax-exempt security either directly or indirectly if the guarantee provides significant collateral for other tax-exempt obligations. Authorizes the Secretary to waive the priority of the United States if necessary to facilitate financing contemplated by the financing plan provided the Secretary determines that, despite such waiver, there is a reasonable prospect of repayment. Stipulates that such a waiver may not subordinate the claims of the United States to any other creditor. Directs the Secretary to submit a annual report to the Congress on activities conducted pursuant to this Act. Authorizes the appropriation of funds necessary to carry out the provisions of this Act beginning in fiscal year 1979 and remaining available without fiscal year limitation. Limits the authority of the Secretary to make guarantees to the extent provided in advance by appropriation Acts.
United States · United States Congress · 24 October 1979
Chrysler Corporation Emergency Loan Guarantee Act - Establishes an Emergency Loan Guarantee Board composed of the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Commerce. Authorizes the Board to guarantee loans made to Chrysler Corporation and to enter other appropriate contracts to carry out the provisions of this Act. Designates the Secretary of the Treasury as Chairman of the Board. Requires all decisions of the Board to be made by majority vote. Imposes the following contributions on any loan guaranteed by the Board: (1) the loan must be needed to enable Chrysler to continue operations which if curtailed would seriously and adversely affect the economic or employment situation in the United States or any of its regions; (2) Chrysler must be unable to obtain credit upon reasonable terms without such a guarantee; (3) Chrysler's prospective earning power, together with any security it pledges, must furnish reasonable assurance that the loan will be repaid; (4) the lender must certify that it would not make the loan without such a guarantee; (5) the term of the loan must not exceed ten years; and (6) the loan must bear interest at a rate determined by the Board taking into account the reduced risk afforded by the guarantee and interest rates on otherwise comparable loans. Directs the Board to collect a guarantee fee to cover the administrative expenses of the Federal Government in making a loan guarantee. Requires the Board, to the maximum extent feasible, to ensure that the Government is compensated for the risk it assumes in issuing a guarantee by collecting additional guarantee fees or by other appropriate methods. Conditions Chrysler's eligibility for loan guarantees on its establishment of an employee stock ownership plan (ESOP) which: (1) satisfies the requirements of the Internal Revenue Code of 1954; (2) acquires Chrysler equity securities, bonds, debentures, notes or other instruments evidencing an indebtedness with the proceeds of a loan guaranteed under this Act; (3) is administered by a committee representing Chrysler, its employees participating in the ESOP, the trustee of the ESOP, the Secretary of the Treasury, and the Secretary of Labor; (4) will acquire noncallable preferred Chrysler stock convertible to common by direction of the ESOP committee at its fair market value as of October 23, 1979, in an aggregate amount not less than $250,000,000 or 25 percent of the loan guarantee, whichever is greater; (5) contains an agreement by Chrysler to make annual contributions sufficient to permit the ESOP to amortize the loan made by Chrysler to the ESOP; (6) grants all participants a nonforfeitable interest in their accounts; and (7) requires an annual allocation of all securities the ESOP acquires to the accounts of each participant in substantially equal amounts. Directs the Board to make every effort to assure that guaranteed loans to Chrysler are secured by sufficient property to fully collateralize the amount of the loan guarantee. Prohibits Chrysler, while any guaranteed loan remains unpaid, from declaring any dividend on its common stock or from making payments on any other indebtedness. Permits the Board to waive such prohibitions if such action is consistent with the interests of the United States. Directs the Board to require Chrysler to make changes in its management and fiscal operations and to develop a long-range plan if the Board determines that the inability of Chrysler to obtain credit in the normal capital markets is a result of a failure on the part of management to exercise reasonable business prudence. Prohibits the Board from guaranteeing any loan until it has received Chrysler's audited financial statement and has been afforded access to Chrysler's records. Requires a lender to exhaust all of its remedies under a guarantee agreement before any payment under the guarantee of the United States becomes due. Directs the Board to assure that any loan agreement guaranteed under this Act contains the usual provisions to protect the guarantor including strictures against waiver or amendment without the consent of the Board. States that the guarantee of the United States shall be in force with respect to advances under a loan agreement only if: (1) the Board receives ten days notice in writing of the advance; (2) the lender certifies that Chrysler is not in default, except that in cases where the lender reports the circumstances of a default the Board may guarantee an advance if it is consistent with the interests of the United States; and (3) Chrysler provides the Board with a plan concerning the expenditures which will be made with the advance. Requires Chrysler to report all instances in which advances were not expended in accordance with such plan. Requires that all guarantee agreements give the Board priority interest over the lender in any collateral securing the loan and any outstanding earlier loans. States that any sums that Chrysler has on deposit with the lender which are subject to offset under the bankruptcy laws shall be considered collateral in which the Board has priority over the lender. Authorizes the Board to inspect and copy Chrysler's records. Directs the General Accounting Office to conduct an audit of Chrysler at least once a year if an application for a guarantee has been made or if a guarantee is outstanding. Requires the Office to report the results of such audits to the Board and the Congress. Sets forth the maximum obligation of the Board under all outstanding loan guarantees made under this Act. States that such assistance may be only in such amounts as provided in advance in appropriation Acts. Establishes an emergency loan guarantee fund in the Treasury to cover the expenses and obligations of the Board. Requires that all guarantee fees be deposited in such fund. Permits the Board to use any Federal Reserve bank as its fiscal agent provided the bank is reimbursed for any expenses or losses incurred acting in such capacity. Directs the Attorney General to enforce the rights of the United States as a guarantor under this Act. Requires all sums recovered by the Attorney General to be deposited in the emergency loan guarantee fund. Entitles the Board to recovery of any payments made by Chrysler or any other liable person pursuant to a guarantee agreement. Directs the Board to ensure that lenders and other persons maintain their unguaranteed financial assistance to Chrysler at the level provided from October 1, 1978, to October 31, 1979. Directs the Board to submit an annual report to the Congress on its operations. Requires the Board to submit a report to Congress within six months of the enactment of this Act which contains recommendations on the need to continue the guarantee program beyond the termination date of this Act. Terminates the authority of the Board to enter new guarantee agreements on December 31, 1983.
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 · 10 October 1979
Judicial Conduct and Disability Act of 1979 - Allows any person to file with the judicial council of the circuit in which the judge serves a written complaint against a judge of a court of appeals, a district court, or a bankruptcy court or a magistrate, alleging that such judge is: (1) unable to discharge efficiently all his or her duties because of mental or physical disability; or (2) engaging in conduct inconsistent with the effective administration of the court's business. Allows the judicial council to file such a complaint with respect to judges within its circuit after investigation on its own motion. Directs the judicial council to take action on each complaint in an expeditious manner. Requires that the judge affected be given an opportunity to appear before the judicial council. Allows the council to: (1) dismiss a complaint; (2) certify disability in accordance with current procedures; (3) request the judge to voluntarily retire with the provision that current length of service requirements not apply; (4) order that no further cases be assigned to such judge for a temporary period; (5) censure or reprimand the judge by means of a private communication or public announcement; or (6) order other appropriate action, except removal. Allows the complainant or judge to petition the Court of Judicial Conduct and Disability (established by this Act) for review of any such action. Directs the Judicial Conference of the United States to promulgate rules and procedures for the judicial councils in discharging such duties, or authorize the judicial council of each circuit to promulgate its own rules. Allows the Judicial Conference to modify any rule promulgated. Authorizes the Administrative Office of the United States Courts and the Federal Judicial Center to provide assistance to the judicial councils in discharging their duties. Establishes as a court of record the Court of Judicial Conduct and Disability, consisting of five Federal judges in regular active service, including at least one district court judge, to be appointed by the Chief Justice. Requires that the Court grant a petition for review upon a concurrence of two of its members. Authorizes the Court to dismiss a complaint or affirm, modify, or reverse and remand to the judicial council for further proceedings any action. Allows the Court to conduct a de novo hearing when required in the interests of justice. Gives to the judge affected certain due process rights at any such de novo hearing. Authorizes the Court by majority vote to: (1) dismiss an action; (2) certify disability; (3) order that no further cases be assigned to such judge for a temporary period; (4) censure or reprimand the judge by means of public announcement; or (5) order other appropriate action, except removal. Disallows judicial review of any order or action of the Court. Allows any person to file a complaint with: (1) the Judicial Council of the District of Columbia Circuit with respect to the chief judge of the Court of Claims, the Court of Customs and Patent Appeals, or the Customs Court; or (2) the chief judge of the applicable court with respect to any judge of such court. Applies the procedures of this Act to such complaints. Directs the Court of Judicial Conduct and Disability to submit to the House of Representatives a record of all proceedings revealing conduct which would in its view constitute an impeachable offense under the Constitution. Directs the Committee on the Judiciary of the House of Representatives to give timely consideration to such record and accompanying materials and to make its best efforts to take action within 90 days. Stipulates that no person shall be granted the right to intervene or appear as amicus curiae in any proceeding under this Act. Provides for the confidentiality of materials and deliberations under this Act, with specified exceptions. Requires that the Director of the Administrative Office of the United States Courts include in its annual report filed with Congress a summary of the complaints filed pursuant to this Act.
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 · 2 October 1979
Teacher Corps Amendments Act of 1979 - Amends the Higher Education Act of 1965 to extend the authorization of appropriations for the Teacher Corps program through fiscal year 1982.
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 · 27 September 1979
Ocean Thermal Energy Conversion Research, Development, and Demonstration Act - Directs the Secretary of Energy to prepare a comprehensive plan and program of research, development, and demonstration of ocean thermal energy conversion systems. Directs the Secretary to prepare a comprehensive commercialization plan designed to realize the goal of producing 10,000 megawatts of electrical capacity or energy product equivalent from ocean thermal energy conversion systems by the year 1999. Sets forth criteria for the selection of programs and the establishment of priorities concerning ocean thermal energy conversion systems. Establishes an Ocean Thermal Energy Conversion Advisory Committee to study and advise the Secretary on the implementation and conduct of the programs established under this Act and on other matters concerning ocean thermal energy conversion. Directs the Secretary to submit to Congress an annual report on the activities undertaken pursuant to this Act. Authorizes appropriations for plant and capital equipment for specified ocean thermal energy conversion demonstration plants.
United States · United States Congress · 27 September 1979
Community Energy Efficiency Act of 1979 - Provides grants to cities and counties for basic planning, advanced planning, and capital investment related to energy conservation, renewable resource utilization, and other energy-related community programs. Requires that an application for a basic community energy action planning grant include plans for implementing the following programs: (1) a conservation and alternative energy information program; (2) a program designed to reach locally-established targets for energy conservation and renewable resource development; (3) a neighborhood energy conservation and production activity program; (4) a program to assist low-income residents in taking energy conservation and renewable resource measures; (5) a program to integrate such measures with those at the metropolitan or areawide level; (6) a program to amend local land use controls, transportation controls, and policies and ordinances so as to facilitate conservation and renewable resource development; and (7) a program to coordinate local energy activities with State and Federal programs and policies. States that a recipient of such grant may apply for grants for advanced planning for community energy action program development after making significant progress in implementing the programs described above. Requires that an application for such development grant include plans for implementing the following programs: (1) plans for adoption of a renewable resource ordinance providing access and facilitating the use of such energy sources; (2) adoption of residential and commercial property conservation standards; (3) a program to displace nonrenewable resource consumption; and (4) development of a capital energy plan utilizing Federal and State energy-efficiency projects. Requires recipients of such grants to make grants available to neighborhood organizations for special energy projects. Authorizes cities and counties reaching the advanced planning stage to apply for capital investment grants for investment in conservation and renewable resource technologies appropriate to individual communities. Establishes a Local Energy Reference Center as a data bank and clearinghouse for information on locally-based energy conservation and renewable energy resource development efforts. Directs the Center to establish regional Technical Assistance Panels to provide assistance for local energy program development. Provides documentation and distribution grants to local governments for the preparation and distribution of publications on energy conservation and renewable energy resources. Requires States to provide eligible grant recipients with a description of applicable State energy programs and policies, identifying areas of local responsibility. Directs the Secretaries of Housing and Urban Development and Energy to issue specified regulations and to monitor the progress of recipients of grants awarded under this Act. Directs them to convene an interagency task force to improve existing Federal policies and programs in order to promote the purposes of this Act and to report to Congress on the operation and the energy impact of the programs established under this Act.
United States · United States Congress · 24 September 1979
Economic Opportunity Amendments of 1979 - Amends the Economic Opportunity Act of 1964 to add a new title XI: Energy Conservation Services Act of 1979 to establish a weatherization program to enable low-income and near-poor individuals and families, particularly families and groups in which the elderly or handicapped reside, 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 to the States of such funds. 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. 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. Requires 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 Food and Medical Services" program.
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 · 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 · 21 September 1979
Federal Buildings Enhancement Act of 1979 - Amends the Public Buildings Act of 1959 to direct the General Services Administrator to: (1) acquire works of art by living American artists to be exhibited in Federal buildings; (2) develop exhibitions for Federal buildings which reflect the heritage or development of the United States; and (3) commission works of art by American artists for Federal buildings. Sets forth standards such works of art and exhibitions shall meet. Authorizes the Administrator to use one-half of one percent of the sums available for the construction, repair, and acquisition of public buildings for such purposes.
United States · United States Congress · 19 September 1979
Agricultural, Forestry, and Rural Energy Act of 1979 - Amends the Food and Agriculture Act of 1977 to add a new "Title XX--Agricultural, Forestry, and Rural Energy Act" which directs the Secretary of Agriculture to implement an Agricultural, Forestry, and Rural Energy Production, Use, and Conservation Program in order to enable the United States to achieve net energy independence for agricultural and forestry production, processing, and marketing, and to reduce the petroleum and natural gas consumption of rural residents and communities by 50 percent by the year 2000. Directs the Secretary to establish an Agricultural, Forestry, and Rural Energy Board to assist the Secretary by: (1) making a comprehensive assessment of the Nation's agricultural, forestry and rural energy needs, resources, practices, legal authorities, programs, and related elements (such assessment to be updated at least every five years); and (2) preparing the Energy Production, Use, and Conservation Program. Requires the Energy Production, Use, and Conservation Program to: (1) inventory the specific needs and opportunities for public and private investment in agricultural, forestry, and rural energy production, use, and conservation projects; (2) identify estimated costs, returns, results, and benefits associated with such investments; and (3) discuss the priorities and options for the accomplishment of such Program. Requires cooperation with Federal, State, and local agencies and organizations. Demands submission of the completed Program to the Secretary and to Congress within one year after enactment of this Act, with revision at least every five years. Requires annual reports on the Program to Congress by February 1 of each year, the first to be submitted by February 1, 1981. Directs the Secretary of Agriculture to implement an applied research program to develop: (1) economical and energy-efficient fuel hydrocarbons, and petrochemical substitutes from biomass; (2) techniques for using energy so derived in the production, processing, and marketing of agricultural commodities and forest products; (3) economical ways for rural communities to use such energy; (4) the use of wood as an energy-efficient material in building construction; and (5) energy conservation systems and techniques for farmers, owners of forest land, rural residents, and rural communities. Authorizes annual appropriations not to exceed $50,000,000 solely for applied research at State agricultural experiment stations to develop agricultural, forestry, and rural energy production, use, and conservation. Requires the Secretary to study the feasibility of alternate crop-livestock systems to produce both foodstuffs and fiber for domestic and export markets and biomass for use in the production of energy. Directs the Secretary to implement an extension program to disseminate the results of rural energy research and to encourage rural residents and communities to adopt projects for the production and use of biomass energy and energy conservation techniques. Authorizes the annual appropriation of $50,000,000 under the Smith-Lever Act, and $5,000,000 under the Renewable Resources Extension Act of 1978 for rural and forest energy extension work by State extension services. Directs the Secretary to establish (to the extent practicable, at existing Department of Agriculture research facilities) four Wood Energy Centers and four Agricultural Biomass Energy Centers, each in a different geographic region of the United States and located in an area containing substantial amounts of private forest land or intensively used farm land, as appropriate. Requires each Center, under Board direction, to: (1) perform applied wood or agricultural biomass energy production and use and energy conservation research projects; (2) develop an information bank; (3) field-test promising research findings; (4) provide technical assistance to landowners, colleges and universities, and other interested parties; (5) make demonstration projects; (6) disseminate information on new energy technologies; (7) perform energy need analyses for rural residents and communities; (8) perform similar research, field test, and demonstration programs with respect to agricultural commodities; and (9) implement solar energy model farms and demonstration projects. Permits the Secretary to make National Forest Systems wood and residues available to assist in such research and demonstrations. Authorizes annual appropriations of $30,000,000 for Wood Energy Centers and $30,000,000 for Agricultural Biomass Energy Centers. Authorizes the Secretary to share up to 75 percent of the cost of implementing wood energy production practices set forth in agreements for such purposes with owners of nonindustrial private forest land. Requires that such agreements be based on individual forest management plans ensuring maximum development of the land for wood for energy. Authorizes annual appropriations of $100,000,000 for such program. Directs the Secretary to conduct a five-year pilot program of financial assistance to owners of nonindustrial private forest land which shall include, but not be limited to: (1) the insuring and guaranteeing of loans providing periodic loan disbursements; (2) the consolidation for resale in private capital markets of the loan obligations of individual landowners; and (3) the loaning of funds to lending institutions in order to make such guaranteed loans. Declares eligible for such program any private individual, group, Indian tribe or other native group, association, partnership, corporation or other legal entity which owns forest land capable of producing crops of industrial wood, provided the applicant is unable to obtain sufficient credit elsewhere. Requires borrowers to prepare, keep current, and adhere to an individual forest management plan, developed in cooperation with and approved by the State forester (or equivalent official). Limits the maximum amount of any insured or guaranteed loan to any one landowner to $50,000 annually. Authorizes the Secretary to guarantee up to 90 percent of that portion of the overall loan obligation which exceeds the market value of the assets securing such loan. Bases the amount of the periodic loan disbursement upon the future expected market value of the timber securing such loan, limiting the total principal and interest obligation to 80 percent of such value. Allows for adjustment of loan terms, as agreed by both landowner and lender, following periodic reviews of individual loan agreements and forest management plans. Entitles borrowers to prepayment of all or any part of an outstanding loan obligation without penalty. Sets a repayment term of up to 40 years. Allows the interest rate to be set by the lender and borrower. Directs the Secretary to appoint a program development and evaluation committee to advise him regarding the financial assistance program. Requires funding for the program to be drawn from the Rural Development Insurance Fund. Authorizes necessary appropriations for administrative expenses. Limits the total annual expenditure: (1) for insured loans to a maximum $25,000,000; and (2) for guaranteed loans to a maximum of $10,000,000. Authorizes the Secretary to make grants to State for the employment of additional State foresters or equivalent officials to provide technical assistance to owners of private forest land in: (1) identifying the opportunities for, and increasing the production of, wood for energy; and (2) developing individual forest management plans under programs of this Act. Requires the Secretary, in determining the amount of such assistance, to consider the underuse of forest growth in the State and the potential for use of this material in energy production in the State. Permits the Secretary to take necessary actions to make wood energy use training programs available to such foresters. Authorizes the annual appropriation of not more than $8,500,000 for such financial assistance program. Directs the Secretary to establish State advisory committees in States with significant amounts of nonindustrial private forest land to advise the Secretary and the State forester periodically about the effectiveness of Federal programs and the potential for developing markets for wood energy. Authorizes the Secretary to make loans to establish concentration and distribution centers that make fuelwood available to homeowners. Authorizes the annual appropriation of $10,000,000 for five fiscal years. Directs the Secretary to implement a program disseminating information and providing technical assistance with respect to the small-scale production and use of ethanol, methanol, low and medium British thermal unit gas, and other energy forms from agricultural biomass. Requires State extension services to conduct at least 100 workshops annually instructing: (1) interested parties on construction and operation of agricultural biomass energy production facilities; and (2) county extension agents on the conduct of agricultural biomass energy extension at the local level. Directs the Secretary to establish projects for rural energy conservation and the production and use of energy from biomass through direct, insured, and guaranteed loans to finance the construction and operation of commercial or on-farm projects. Authorizes the Secretary to make up to $10,000,000 worth of grants for demonstration for the same purposes. Limits the total amount of such loans made or insured in any fiscal year to not more than $250,000,000 with at least one-third allocated for projects using wood or wood wastes, and at least one-fourth allocated for small-scale facilities for the annual production of at most 2,000,000 gallons of ethanol, or the energy equivalent of other forms of biomass energy. Limits the annual total of guaranteed loans to $1,000,000,000 similarly allocated. Requires: (1) the execution of at least 75 percent of such loans, guarantees, and grants by May 31 of the fiscal year in question; and (2) the coordination of such programs with other specified agriculture and energy loan and grant programs. Amends the Consolidated Farm and Rural Development Act to authorize, for fiscal years 1981 and 1982, not to exceed: (1) $25,000,000 for community facility loans for rural electric cooperatives for projects to generate electricity using nonfossil energy sources including biomass and hydropower; (2) $50,000,000 for direct, insured, or guaranteed farm ownership (real estate) loans for nonfossil energy systems used on farms; (3) $20,000,000 for direct, insured, or guaranteed farm operating loans for equipment using biomass or solar energy or increasing energy conservation; (4) $250,000,000 for guaranteed and $20,000,000 for insured industrial development loans, with authority to transfer amounts between such categories, for commercial biomass energy production projects. Authorizes the Administrator of the Rural Electrification Administration to make grants to owners of rural electric systems, or federations of such owners, for projects demonstrating alternate energy and conservation technologies. Authorizes appropriations for such grants for fiscal years 1980 through 1983. Directs the Farm Credit Administration to encourage the production credit associations, Federal land banks, and banks for cooperatives to use the existing authority in the Farm Credit Act of 1971 to make loans to farmers for the establishment or operation of commercially feasible biomass energy production or energy conservation projects. Amends the Soil Conservation and Domestic Allotment Act to authorize the Secretary to provide cost-sharing financial assistance and technical assistance to agricultural producers for shelter belts, minimum tillage systems, manure or other suitable fertilizer wastes, integrated pest management, energy-efficient irrigation water management, and water conservation measures necessary to improve crop yields in relation to the amount of energy used in crop production. Makes this Act effective October 1, 1979.
United States · United States Congress · 18 September 1979
Immigration and Nationality Efficiency Act of 1979 - Amends the Immigration and Nationality Act with regard to non-immigrant student status to: (1) limit its applicability to academic institutions; (2) authorize non-immigrant student status for vocational, language, or other recognized non-academic study (on the same entry basis as academic students); and (3) authorize the Attorney General to withdraw school approval for any satisfactory reason (presently limited to withdrawal for failure to make required reports). Eliminates from the definition of "ineligible to citizenship" persons exempt by treaty from United States military service. Eliminates (with a new ceiling to be added at a later date) the 290,000 annual worldwide ceiling on immigration to the United States. Eliminates (with a new ceiling to be added at a later date) the 20,000 annual national ceiling on immigration from contiguous nations (Mexico and Canada). Provides that unused visas by a contiguous country in any fiscal year shall be made available to the other contiguous country in the following year. Places a five year time limit (presently indefinite) on the requirement that aliens deported or removed from the United States must get the consent of the Attorney General in order to reapply for admission. Authorizes the Attorney General to admit aliens as immigrants if otherwise admissible except for specified defects in their immigration papers, provided such inadmissibility was not known to such aliens and could not have been ascertained by the exercise of reasonable diligence. Revises re-entry permit provisions to authorize the issuance of such permit for a two-year non-renewable period (presently one year with up to a one year discretionary extension). Revises alien deportation and maintenance expense provisions to: (1) provide that deportation shall be to the country from which the alien boarded the vessel or airplane that brought him to the United States; and (2) provide that if such departure was from a foreign territory contiguous to the United States of which such alien was not a national or resident, then deportation shall be to the country from which such alien departed for such contiguous territory; (3) set forth guidelines for the Attorney General if a country is unwilling to accept a deportable alien. Makes the non-applicability of fraudulent entry deportation provisions to alien spouses, children, or parents of United States citizens or permanent residents discretionary with the Attorney General rather than mandatory. Eliminates, with regard to suspension of deportation proceedings, the requirement that the Attorney General report to Congress on all such proceedings, and the congressional role in approving or disapproving such suspensions. Provides that upon cancellation of such a deportation proceeding, the Attorney General shall record the alien's admission for permanent residence as of the date of such cancellation. Limits the ineligibility of such deportation suspension and status adjustment proceedings regarding non-immigrant exchange aliens to those aliens subject to the two-year foreign residence requirement. Revises non-immigrant change of classification provisions to: (1) prohibit the reclassification of alien finances; and (2) permit the reclassification of exchange visitors not subject to the two-year foreign residence requirement. Authorizes the Immigration and Naturalization Service to keep funds spent out of its appropriations for the purchase of evidence and subsequently recovered rather than depositing them into the United States Treasury. Makes aliens who have been relieved of United States military service obligations eligible for citizenship if their military exemption was pursuant to a treaty or other international agreement. Provides that such eligibility provision shall have retroactive effect. Provides that the spouse and dependent unmarried children of an alien who qualifies for certain naturalization residence requirement exceptions shall also qualify for such exceptions for the period they resided abroad as members of such alien's household. Removes: (1) the requirement that two witnesses verify an individual's naturalization petition; and (2) certain affidavit and proof of residence requirements for such petition. Repeals the provisions requiring witnesses to be present at a final hearing for naturalization and requiring a 30 day waiting period between the filing of a petition and the issuance of a certificate of naturalization. Requires the clerk of a naturalization court to pay to the Attorney General one-half of all fees up to $40,000 (presently $6,000), and all fees in excess of such amount, collected in a fiscal year.
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 · 7 September 1979
Criminal Code Revision Act of 1979 - Title I: Revision of Title 18 - Amends in its entirety title 18, the Federal criminal code. Subdivides such title into the following subtitles: (1) provisions of general applicability; (2) offenses; (3) sentencing; (4) administration and procedure; and (5) ancillary civil proceedings. Subtitle I: Provisions of General Applicability - Sets forth 14 general definitions. Defines Federal jurisdiction as including the general and special (territorial, maritime, and aircraft) jurisdiction of the United States, and specified aspects of extraterritorial jurisdiction of the U.S. Allows the separate sections describing offenses to specify circumstances giving rise to Federal jurisdiction. Extends to Indian country the general laws of the U.S. as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the U.S. except: (1) where such jurisdiction is secured to Indian tribes by treaty stipulation; and (2) with respect to areas of specified States. Requires a court, upon motion of the defendant, to determine before trial the issues of fact bearing on the existence of Federal jurisdiction over an offense. Decreases from 79 to four the mental states required to be proved with respect to criminal conduct ("intentional", "knowing", reckless", and "negligent"). Specifies matters of law requiring no proof of state of mind, including jurisdiction, bars to prosecution, and defenses. Sets forth a general criminal complicity section, including rules with respect to the liability of an accomplice, of an organization for the conduct of an agent, and of an agent for the conduct of an organization. Precludes as a defense to such criminal liability that the person for whose conduct the defendant is liable has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, was incompetent or irresponsible, or is immune from prosecution (except acquittal because of insufficient evidence is a bar to prosecution), or that the defendant does not belong to the class of persons who by definition are the only ones capable of directly committing the offense. Allows a defendant to be convicted of an offense based on the conduct of another person only if such defendant knowingly and with specific intent induced or aided the commission of the offense. Makes it a bar to prosecution that the defendant was less than 18 years old at the time of the commission of the offense, but allows the court upon motion of the Attorney General to determine that the nonapplicability of such bar is in the interest of justice with respect to: (1) the offense of murder; or (2) a defendant who has attained the age of 16 years (under current law the age of 16 years bars prosecution of all offenses as an adult, and persons between the ages of 16 and 18 are treated as juveniles unless the offense is a felony punishable by ten or more years of imprisonment). Specifies circumstances under which a former prosecution under Federal, State, or local law is a bar to a subsequent Federal prosecution (with the exception of certain invalid or fraudulently procured former prosecutions). Provides that entrapment as defined by this Act is a bar to prosecution. Provides for a general statute of limitations of: (1) five years for a felony; (2) two years for a misdemeanor; and (3) one year for an infraction (under current law such bar varies with the particular offense), but allows for an extended period for certain concealable offenses. Sets forth as statutory law the following defenses to criminal liability: (1) insanity; (2) intoxication; (3) mistake of fact or law; (4) protection or persons; and (5) protection of property. Sets forth as affirmative defenses: (1) duress; and (2) reliance upon official misstatement. Subtitle II: Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) attempt and conspiracy; (2) offenses involving national defense, including treason and related offenses, sabotage and related offenses, espionage and related offenses, and atomic energy offenses; (3) offenses involving international affairs, including foreign relations crimes and offenses involving immigration, naturalization, and passports; (4) offenses involving government process, including obstruction of government, obstruction of law enforcement, obstruction of justice, contempt offenses, perjury, false statements, and related offenses, and official corruption and intimidation; (5) offenses involving revenue, including internal revenue and customs offenses; (6) offenses involving individual rights, including civil rights crimes, offenses involving political rights, and offenses involving privacy; (7) offenses involving the person, including homicide offenses, assault offenses, kidnapping and related offenses, and sex offenses; (8) offenses involving property, including arson and other property destruction offenses, criminal intrusion offenses, robbery, extortion, and blackmail, theft and related offenses, counterfeiting, forgery, and related offenses, nongovernmental bribery, and investment, monetary, and antitrust offenses; and (9) miscellaneous offenses, including racketeering, drug offenses, explosives and weapons offenses, riot offenses, gambling and sexual exploitation of children, and public health offenses. Replaces the particularized penalties for individual offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based on five classes of felonies (A to E) and three classes of misdemeanors (A to C); and (2) levels of fines according to the type of offense. Includes among new Federal crimes: (1) engaging in para-military activity for the purpose of taking over a Federal or State government agency; (2) obstructing by force the following government functions: the service or attempted service or execution of any authorized legal or judicial document, the performance of extradition duties, the performance of duties under a court order, and the passage of the United States mail; (3) false swearing; (4) speculating on official action or information; (5) a series of offenses covering the obstruction of political rights; (6) possession of an eavesdropping device with intent that it be used unlawfully; (7) trafficking in stolen property; (8) trafficking in counterfeit labels for sound recordings, motion pictures, and audiovisual works; and (9) operating a racketeering syndicate. Revises numerous offenses, including the following changes with respect to: (1) impairing military effectiveness, limits such offense to time of war or national defense emergency or where a major weapons system or a means of defense against large scale enemy attack is impaired; (2) espionage and dissemination of classified information, offers as alternatives (A) a cross referencing to existing laws (the Atomic Energy Act of 1954, the Espionage and Sabotage Act of 1954, and the Subversive Activities Control Act of 1950) or (B) new provisions; (3) criminal contempt, (A) prohibits disobedience or resistance to lawful court orders and (B) imposes maximum penalties of $500 and five days imprisonment; (4) obstruction of justice, details prohibited activities with respect to tampering with a witness or an informant; (5) failing to appear as a defendant, (A) includes the failure to surrender for service of sentence pursuant to a court order, and (B) varies the penalties according to the category of offense; and (6) making a false statement, (A) consolidates numerous false statement statutes under current law, and (B) prohibits the knowing submission of false material in a government matter punishable under specified circumstances. Revises additional offenses, including the following changes with respect to: (1) tax evasion, cross references to existing prohibitions under the Internal Revenue Code; (2) civil rights, (A) includes all "persons" (current law protects "citizens"), (B) allows for a single offender (current law requires a conspiracy), (C) eliminates the requirement (Screws v. United States, 325 U.S. 91 (1945)) that a defendant be found to have had a specific intent to deprive the victim of his federally protected rights, and (D) prohibits discrimination based on sex (current law includes race, color, religion, or national origin); (3) intercepting correspondence, broadens the scope to include additional forms of communication (current law protects against the interception of mail); (4) sex offenses, (A) applies such offenses without distinction as to the sex of the offender or victim; (B) redesignates rape as aggravated criminal sexual conduct; (C) includes additional acts with respect to such redesignated offense; (D) makes punishable aggravated criminal sexual conduct towards one spouse by the other (but applies the interspousal exemption with respect to other sex offenses); (E) revises the offense of sexual assault (redesignated as criminal sexual conduct) to add the act of compelling a person to participate by threat or placing such person in fear; and (F) provides, with respect to sexual abuse of a minor, that the victim must be less than 16 years old and at least five years younger than the offender, and adds as an affirmative defense that the actor reasonably believed the other person to be 16 years of age or older (current law prohibits the carnal knowledge of a female under the age of 16 years). Revises additional offenses, including the following changes with respect to: (1) extortion, replaces the Hobbs Act to eliminate language which allows a defendant to purport to have a legitimate claim to the property allegedly extorted; (2) theft, consolidates numerous theft statutes under current law; (3) laundering racketeering proceeds, broadens its application; (4) loansharking, adds as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding 45 percent (such a rate under current law only evidences extortion; (5) drug offenses, (A) increases the penalty for simple possession of 100 grams or more of an opiate, and (B) makes possession of 30 grams (approximately one ounce) or less of marihuana an infraction; (6) using a firearm or explosive in the course of a crime, (A) for a first offense imposes a mandatory one-year minimum sentence, and (B) for a second or subsequent offense imposes a mandatory two-year minimum sentence and stipulates that such sentence shall not be suspended or served concurrently, nor shall probation be granted; and (7) riot offenses, narrows the applicability by (A) requiring the existence of circumstances which present a substantial probability that the prohibited incitement will cause a riot, and (B) defining "riot" as involving ten or more persons (three in current law). Repeals: (1) the Logan Act (which prohibits private communication with a foreign government with intent to influence foreign policy); (2) the Smith Act (which prohibits advocating the overthrow of the government); (3) the Mann Act (which prohibits the transportation of women in commerce for immoral purposes), but includes a prohibition against the transportation of minors in commerce for the purpose of prostitution or prohibited sexual conduct; and (4) the prohibition against making false reports with intent to interfere with the operation of U.S. military or naval forces. Subtitle III: Sentencing - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to: (1) a term of conditional discharge, probation, or post-release supervision; (2) a fine; or (3) a term of imprisonment. Permits an organization to be sentenced to: (1) a term of conditional discharge; or (2) a fine. Specifies factors to be considered by a sentencing court, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to (A) provide punishment commensurate with the seriousness of the offense and promote respect for the law, (B) deter criminal conduct, (C) protect the public, (D) provide the defendant with needed training, (E) provide restitution to victims, and (F) reconcile the victim, community and offender; (3) the kinds of sentences available; (4) the applicable sentencing guidelines prescribed by the Judicial Conference of the United States; and (5) the applicable policy statements issued by the Conference. Requires the court to impose a sentence consistent with the guidelines set forth by the Judicial Conference unless the court finds that an aggravating or mitigating circumstance should result in another sentence. Requires the court to state in open court at the time of sentencing the specific reasons for the imposition of a sentence different from that provided for in the guideline. Requires the presentence report to contain additional information, including: (1) applicable sentencing guidelines and policy statements; (2) the nature and extent of nonprison programs and resources available; (3) a statement of the harm done or loss suffered by any victim; and (4) the financial resources of the defendant, restitution needs of the victim, and gain derived from or loss caused by the criminal conduct, in the case of an offense for which a monetary sanction may be imposed. Requires a presentence hearing to resolve any material fact in controversy affecting the sentencing decision or to consider other relevant matters. Allows a defendant who is found guilty of an offense to be sentenced to conditional discharge, unless the offense is a class A felony or the defendant is sentenced at the same time to probation or imprisonment. Specifies the considerations of the court in imposing such sentence and conditions which may be attached to such sentence. Authorizes imposition of a term of probation with respect to all but class A felonies. Lists permissible terms of probation for each category of offenses. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 16 discretionary conditions of probation. Allows a defendant who is found guilty of an offense and is sentenced to a term of imprisonment of more than one year to be also sentenced to a term of post-release supervision after imprisonment. Requires that a defendant so sentenced also be sentenced to a separate contingent term of imprisonment of not more than 90 days to be served for violations of post- release supervision. Requires, when a defendant is alleged to have violated a condition of a sentence of conditional discharge, probation, or post-release supervision, that the appropriate court hold a preliminary hearing to find probable cause if such violation has occurred. Sets forth the powers of the court upon a finding. Requires a revocation hearing to be held within 60 days of any such finding. Sets forth the powers of the court upon a determination by the preponderance of the evidence that the defendant has violated any such sentence. Sets limits on the amount of a fine for each category of offenses. Allows a defendant to be sentenced to a fine of not more than the gross pecuniary gain which has been directly derived by such defendant. Directs the court, in determining the amount of a fine and the method of payment, to consider the defendant's financial status. Prohibits the court from imposing a sentence as an alternative to payment of a fine. Details procedures for the modification or remission of a fine. Sets maximum terms of imprisonment for five classes of felonies (A to E), and three classes of misdemeanors (A to C). Prohibits the court from considering the defendant's need for correctional treatment as a justification for imposing a term of imprisonment or in determining the length of a term of imprisonment. Prescribes guidelines relative to the modification of a term and the running of concurrent and consecutive terms of imprisonment. Retains the Bureau of Prisons within the Department of Justice and outlines its organization and responsibilities (current law is left unchanged). Retains the National Institute of Corrections in the Bureau and the Advisory Corrections Council. Continues the Federal Prison Industries. Permits in a felony or misdemeanor case, unless contrary to a plea agreement, a defendant to appeal a sentence which is: (1) not authorized by law; (2) the result of an erroneous application of the sentencing guidelines; or (3) greater than that provided for in the sentencing guidelines. Permits a defendant to file with the district court a petition for leave to appeal which shows a substantial basis for determining that a sentence within the guidelines was clearly unreasonable. Authorizes the court of appeals, upon a determination that (1) a sentence greater than that provided for in the guidelines is unreasonable, or (2) a sentence within the guidelines in a felony case is clearly unreasonable, to modify or reverse the sentence. Directs the Judicial Conference of the United States to prescribe guidelines for use by a sentencing court. Permits the Conference to issue policy statements for such use. Requires that the guidelines: (1) be based on categories of offenders derived from relevant history and characteristics of defendants sentenced in Federal court and categories of offenses derived from the nature and circumstances of the offenses for which such defendants are sentenced; and (2) be reported to Congress by May 1st of the year they are to become effective and take effect 180 days later, subject to congressional action. Establishes within the Judicial Conference a seven-member Committee on Sentencing to collect information and recommend sentencing guidelines and policy statements to the Conference. Requires that the Committee membership: (1) consist of four judges and three persons who are not judges; and (2) reflect a variety of backgrounds and participation and interest in the Federal criminal justice system. Sets forth rules regarding supervision of probation, the appointment and duties of probation officers, transportation of a probationer, transfer of jurisdiction over a probationer, and the arrest and return of a probationer. Subtitle IV: Administration and Procedure - Restates the precedural requirements for the appointment of counsel in criminal cases. Retains the current compensation rates for such services. Adds to the existing circumstances under which a district court must furnish representation for persons financially unable to obtain adequate representation: (1) modification of the term or conditions of sentence of conditional release, probation, or post-release supervision; and (2) the preliminary and revocation hearing with respect to alleged violations of a sentence of conditional discharge, probation, or post-release supervision. Carries forward current law regarding an appeal by the United States in a criminal case to a court of appeals. Continues the existing authority of the Supreme Court to prescribe rules and procedures in criminal cases (retains the current period of 90 days for congressional review). Leaves current law generally unchanged with respect to the following arrest, law enforcement, and other preliminary matters: (1) indictment and list of jurors and witnesses for prisoner in capital cases; (2) demands for production of statements and reports of witnesses; (3) power of courts and magistrates; (4) extraterritorial jurisdiction; (5) security of the peace and good behavior; (6) warrant for removal; (7) powers of the Federal Bureau of Investigation; (8) powers of marshals and deputies; (9) powers of certain officers relating to offenses involving animals and birds; (10) powers of the Secret Service; (11) bankruptcy investigations; (12) interned belligerent nationals; (13) rewards and appropriations; (14) powers of postal personnel; (15) preliminary examinations; and (16) surrender of youthful offenders to State authorities. Carriers forward current law regarding extradition and the transfer of offenders to and from foreign countries. Enacts into law the Interstate Agreement on Detainers. Retains current law regarding the immunity of witnesses and jurisdiction and venue. Leaves generally unchanged current law regarding juvenile delinquency. Requires that a juvenile charged with committing an offense who is not surrendered to State authorities be proceeded against pursuant to the juvenile delinquency procedures unless the court determines that the juvenile shall be treated as a adult because the immaturity bar to prosecution does not apply. Requires the court in determining whether a juvenile shall be treated as an adult to consider whether juvenile disposition will reflect the seriousness of the juvenile's conduct, promote respect for the law, and provide a just response to the conduct of the juvenile. Revises the procedures to be followed by Federal courts with respect to an offender suffering from mental incompetence. Directs the court to order a screening examination whenever there is substantial doubt as to the defendant's competence, but allows a defendant to request a hearing based on the report of a qualified mental health examiner after a more thorough examination. Specifies material to be included in such report. Directs the court, after determining at such hearing that the defendant is not competent, to hold a subsequent hearing to determine: (1) whether there is substantial probability that the defendant can be restored to competence within a certain maximum period; and (2) if so, the appropriate treatment. Directs the court to release a defendant of all charges (except class A or B felonies) if: (1) the defendant does not request an opportunity to be restored; and (2) there is no substantial probability that the defendant can be restored, or if the defendant has received a certain period of treatment. (Current law does not provide for the screening examination or subsequent hearing). Directs the Secretary of Health, Education, and Welfare to prescribe rules with respect to the use of psychosurgery, electric shock treatment, and protracted use of psychotropic drugs on mentally incompetent defendants. Requires that such rules: (1) entitle the person treated to accept, refuse, or revoke an acceptance of, proposed treatment; and (2) require informed consent in accordance with specified guidelines. Amends the Federal Rules of Criminal Procedure to permit a defendant to be found not guilty by reason of insanity. Directs a court which determines that there is probable cause to believe that a person who is found: (1) not guilty of by reason of insanity; (2) incompetent with no substantial probability of improvement; or (3) incompetent and has not recovered after the end of the maximum period, presently suffers from a mental disease or defect as a result of which such person's release would create a substantial likelihood of serious injury to the person or property of another, to deliver such person to State authorities for possible civil commitment. Carriers forward certain provisions of current law regarding the release of offenders. Restates certain search warrant provisions in current law. Provides, with respect to the interception of communications, that: (1) the application for an order contain an explanation of the reasons for the necessity for any physical entry and a statement setting forth steps to minimize the interception of communications not otherwise subject to interception; (2) the court find probable cause to believe that physical entry is necessary to implement the interception, if such entry is to be used; and (3) an order authorizing interception direct that the interception be conducted to minimize the interception of other communications and specify the means authorized for any physical entry. Restates current law regarding special grand juries (leaving unchanged the reporting requirements). Carries forward current law regarding speedy trial (as amended by the Speedy Trial Act Amendments of 1979, Public Law 96-43). Retains current provisions regarding the exercise of criminal jurisdiction by United States magistrates and witnesses and evidence. Subtitle V: Ancillary Civil Proceedings - Consolidates and enumerates 20 offenses for which the Attorney General may initiate civil forfeiture proceedings, including criminal infringement of a copyright and executing a fraudulent scheme. Prohibits a Federal agency from denying a person employment solely on the bases of a conviction under Federal or State law, with specified exceptions. Allows a person convicted of an offense to apply to a court under specified conditions for relief with respect to his conviction records. Restates the provision authorizing a civil action against an eavesdropping offender. Title II: Technical and Conforming Provisions - Makes technical and conforming amendments. Title III: Effective Date - Makes this Act effective on January 1, 1983, with respect to conduct occurring on and after such date.
United States · United States Congress · 7 September 1979
Criminal Code Reform Act of 1979 - Title I: Codification, Revision, and Reform of Title 18 - Amends in its entirety title 18, the Federal criminal code. Subdivides such title into the following parts: (1) general provisions and principles; (2) offenses; (3) sentences; and (4) administration and procedure. Part I - General Provisions and Principles - Sets forth the general purpose and application of title 18, general principles of criminal liability, a provision concerning the unimpairment of civil remedies, and 110 general definitions. Provides that the provisions of title 18 shall be construed in accordance with the fair import of their terms to effectuate its general purposes, particularly to assure definition and notice of the conduct prohibited in accordance with the rule of strict construction as applied by the Federal courts. Defines Federal jurisdiction as including the general, special (territorial, maritime, and aircraft), and extraterritorial jurisdiction of the United States. States that the existence of Federal jurisdiction is not an element of an offense, but allows the separate sections describing offenses to include jurisdictional subsections. Directs Federal law enforcement officers, in determining whether to exercise jurisdiction concurrently with a State, to consider: (1) the relative gravity of the Federal offense and the State or local offense; (2) the relative interest in Federal investigation or prosecution; (3) the resources available to the Federal, State, and local authorities; (4) the traditional role of such authorities with respect to the offense; (5) the interests of federalism; and (6) other relevant factors. Directs the Attorney General to consult with State and local governments concerning the exercise of Federal jurisdiction and to report annually to Congress on the extent of such exercise. Provides that Federal jurisdiction is not generally preemptive of the exercise of jurisdiction by a State or local government, Indian tribe, or military court, but enumerates offenses with respect to which the Attorney General may order preemption. Decreases from 79 to four the mental states required to be proved with respect to criminal conduct ("intentional", "knowing", "reckless", and "negligent"). Requires a state of mind to be proved with respect to each element of an offense, unless such element is specified as existing or occurring "in fact". Specifies matters of law requiring no proof of state of mind, including jurisdiction, venue, grading, bars to prosecution, and defenses. Sets forth a general criminal complicity section, including rules with respect to the liability of an accomplice, of an organization for the conduct of an agent, and of an agent for the conduct of an organization. Precludes as a defense to such criminal liability that the person for whose conduct the defendant is liable has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, was incompetent or irresponsible, or is immune from prosecution (except acquittal in a separate trial because of insufficient evidence not occasioned by a suppression order is a bar to prosecution). Provides that a coconspirator is liable for the reasonably foreseeable criminal conduct of another person (the "Pinkerton doctrine"). States as a general principle that bars to prosecution and defenses or affirmative defenses (including mistake of fact or law, insanity, intoxication, duress, exercise of public authority, protection of persons or property, unlawful entrapment, and official misstatement of law) under any Federal statute shall be determined by the Federal courts in accordance with common law. Provides for a general statute of limitations of: (1) five years for a felony or misdemeanor; (2) one year for an infraction (under current law such bar varies with the offense), but permits an extended period for certain concealable offenses, such as fraud or misconduct in office. Makes it a bar to prosecution that the defendant was less than 16 years old at the time of the commission of the offense, except with respect to the offenses of murder, maiming, aggravated battery, kidnapping, aircraft hijacking, and rape (under current law such age bars prosecution of all offenses as an adult, and persons between the ages of 16 and 18 are treated as juveniles unless the offense is a felony punishable by 10 or more years of imprisonment). Part II - Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) offenses of general applicability, including criminal attempt, conspiracy, and solicitation; (2) offenses involving national defense, including treason and related offenses, sabotage and related offenses, espionage and related offenses, and atomic energy offenses; (3) offenses involving international affairs, including foreign relations crimes and offenses involving immigration, naturalization, and passports; (4) offenses involving government processes, including general obstructions of government functions, law enforcement obstructions, obstructions of justice, contempt offenses, perjury, false statements, and related offenses, and official corruption and intimidation; (5) offenses involving taxation, including internal revenue and customs offenses; (6) offenses involving individual rights, including civil rights crimes, offenses involving political rights, and offenses involving privacy; (7) offenses involving the person, including homicide offenses, assault offenses, kidnapping and related offenses, hijacking offenses, and sex offenses; (8) offenses involving property, including arson and other property destruction offenses, burglary and other criminal intrusion offenses, robbery, extortion, and blackmail, theft and related offenses, counterfeiting, forgery, and related offenses, commercial bribery and related offenses, and investment, monetary, and antitrust offenses; and (9) offenses involving public order, safety, health, and welfare, including organized crime offenses, drug offenses, explosives and firearms offenses, riot offenses, gambling, obscenity, and prostitution offenses, public health offenses, and violating State or local law in a place within the special jurisdiction of the U.S. Replaces the particularized penalties for individual offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based on five classes of felonies (A to E), three classes of misdemeanors (A to C), and an infraction; and (2) levels of fines according to the type of offense and type of defendant (individual or organization). Includes among new Federal crimes: (1) criminal attempt and criminal solicitation (but makes such offenses inapplicable to specified crimes); (2) engaging in para-military activity for the purpose of taking over a Federal or State government agency; (3) conspiring in the U.S. to kill, maim, or kidnap a foreign official (current law prohibits a conspiracy to commit certain acts of sabotage or property destruction in foreign countries with which the U.S. is at peace); (4) obstructing a government function by fraud or by physical interference (current law prohibits conspiring to defraud the government); (5) false swearing; (6) speculating on official action or information; (7) a series of offenses covering election fraud, including engaging in any criminal conduct for the purpose of influencing an election; (8) possession of an eavesdropping device with intent that it be used unlawfully; (9) engaging in conduct which endangers the life of another; (10) restraint of a minor child by a parent or guardian in violation of any person's right to custody or visitation; (11) possession of burglar's tools; (12) trafficking in stolen property; (13) consumer fraud; and (14) operating a racketeering syndicate. Revises numerous offenses, including the following changes with respect to: (1) impairing military effectiveness, limits such offense to time of war or national defense emergency or where a major weapons system or means of defense against large scale enemy attack is impaired; (2) criminal contempt, (A) adds a defense based on the invalidity of a judicial order, and (B) imposes a maximum prison sentence of six months and a fine of $10,000 for an individual and $100,000 for an organization (current law imposes no such limits); (3) obstruction of justice, details prohibited activities with respect to tampering with a witness or an informant; (4) bail jumping, (A) includes failure to surrender for service of sentence pursuant to a court order, (B) applies such offense to juvenile delinquency cases, and (C) varies the penalties according to the category of offense; and (5) making a false statement, (A) consolidates numerous false statement statutes under current law, (B) makes an oral false statement to a government official an offense only where the statement is volunteered or after the person has been advised that making such a statement is an offense, and (C) adds retraction as an affirmative defense. Revises additional offenses, including the following changes with respect to: (1) tax evasion, eliminates the net tax deficiency requirement (thus allowing prosecution even where no tax is actually due); (2) civil rights, (A) includes all "persons" (current law protects "citizens"), (B) allows for a single offender (current law requires a conspiracy), (C) eliminates the requirement ( Screws v. United States, 325 U.S. 91 (1945)) that a defendant be found to have had a specific intent to deprive the victim of his federally protected rights, and (D) prohibits discrimination based on sex (current law includes race, color, religion, or national origin); (3) intercepting correspondence, broadens the scope to include additional forms of communication (current law protects against the interception of mail); (4) sex offenses, (A) applies such offenses without distinction as to the sex of the offender or victim; (B) redefines "rape" to include additional acts; (C) revises the offense of sexual assault to add the act of compelling a person to participate by threat or placing such person in fear; (D) makes punishable the rape of one spouse by the other (but applies the interspousal exemption with respect to other sex offenses); (E) provides, with respect to sexual abuse of a minor, that the victim must be less than 16 years old and at least five years younger than the offender, and adds as an affirmative defense that the actor reasonably believed the other person to be 16 years of age or older (current law prohibits the carnal knowledge of a female under the age of 16 years); and (F) expressly provides that corroboration of the victim's testimony is not required; (5) theft, consolidates numerous theft statutes under current law; and (6) extortion, (A) replaces the Hobbs Act to eliminate language which allows a defendant to purport to have a legitimate claim to the property allegedly extorted, and (B) adds a new proof provision that the pendency of a labor dispute does not constitute prima facie evidence that property was obtained by the prohibited conduct. Revises additional offenses, including the following changes with respect to: (1) washing racketeering proceeds, broadens its application; (2) loansharking, adds as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding 45 percent (such a rate under current law only evidences extortion); (3) drug offenses, (A) increases the penalty for simple possession of 100 grams or more of an opiate, (B) makes possession of 30 grams (approximately one ounce) or less of marihuana an infraction, (C) imposes a mandatory two-year minimum sentence for trafficking in an opiate unless the court finds specified mitigating circumstances, and (D) eliminates the current provision allowing for a doubling of the penalty for repeat offenders; (4) using a weapon in the course of a crime, imposes a mandatory two-year minimum sentence unless the court finds specified mitigating circumstances; (5) riot offenses, narrows the applicability by (A) requiring the actual occurrence of a riot for the offense of leading a riot, and (B) defining "riot" as involving ten or more persons (three in current law); (6) obscenity, (A) conforms the definition of "obscene material" to Supreme Court decisions, and (B) prohibits the dissemination of obscene material to a minor or to any person where there is no opportunity to avoid such exposure (but adds as an affirmative defense in the latter case that the material was legal in the locality where disseminated); and (7) prostitution, prohibits the direct or indirect operation of a "prostitution business" (but adds as a defense that such business was legal in the localities in which it was conducted). Repeals: (1) the Logan Act (which prohibits private communication with a foreign government with intent to influence foreign policy); (2) the Smith Act (which prohibits advocating the overthrow of the government); and (3) the prohibition against making false reports with intent to interfere with the operation of U.S. military or naval forces. Part III - Sentences - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes; (2) an order of notice to victims in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage or other loss. Permits an organization to receive such penalties, with the exception of imprisonment. Authorizes a sentencing court to: (1) order a presentence study of a defendant, either before or after receipt of the presentence report and commit the defendant to the custody of the Bureau of Prisons pending receipt of such a study; or (2) order a presentence psychiatric examination of a defendant. Specifies factors to be considered by a sentencing court, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to: (A) deter similar conduct, (B) protect the public, (C) reflect the seriousness of the offense, promote respect for the law, and provide just punishment for the offense, and (D) provide the defendant needed training; (3) the kinds of sentences available; (4) the applicable sentencing range set forth in guidelines promulgated by the United States Sentencing Commission (established by this Act); (5) any pertinent policy statement issued by the Commission; and (6) the need to avoid sentencing disparities among the defendants who have been found guilty of similar criminal conduct. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately taken into consideration by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the specific reason for the imposition of a sentence outside of such range. Authorizes the imposition of a term of probation, unless such sentence is specifically prohibited, with respect to all but the most serious class of felonies. Lists permissible terms of probation for each category of offenses. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions of probation. Sets forth provisions relative to the running of a term of probation and revocation of probation. Sets limits on the amount of a fine for each category of offenses, including higher maximums for organizational than for individual defendants. Directs the court, in determining the amount of a fine and the method of payment, to consider the defendant's financial status. Prohibits the court from imposing a sentence as an alternative to payment of a fine. Details procedures for the modification or remission of a fine. Sets maximum terms of imprisonment for five classes of felonies (A to E), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a term of imprisonment in excess of one year, to include as part of such sentence a requirement that the defendant be placed on a term of supervised release after imprisonment. Requires as a mandatory condition of release that a defendant not commit another crime. Specifies discretionary conditions of release. Prescribes guidelines relative to concurrent and consecutive terms. Part IV - Administration and Procedure - Designates which Federal agency is to have primary responsibility for detecting and investigating the commission of offenses under Federal law. Defines the law enforcement authority of certain officials and employees of the following departments and agencies: (1) Federal Bureau of Investigation; (2) Drug Enforcement Administration; (3) United States Marshals Service; (4) Bureau of Prisons; (5) Immigration and Naturalization Service; (6) Department of the Treasury; (7) Department of the Interior; (8) Department of Agriculture; (9) Postal Service; and (10) United States Probation System. Restates the procedural requirements for governmental interception of private oral communications (current law, title III of the Omnibus Crime Control and Safe Streets Act of 1968, is generally left unchanged). Permits interception with respect to certain crimes not presently covered, such as criminal solicitation of specified offenses and aircraft hijacking. Restricts interception of communications without a court order to emergency situations involving the offenses of treason, sabotage, espionage, or a risk of death (current law limits it to conspiracies involving national security or organized crime). Restates the procedural requirements with respect to the compulsion of testimony after a refusal to testify on the ground of self-incrimination (current law, set forth in the Organized Crime Control Act of 1970, is generally left unchanged). Makes certain revisions in the authority of the Attorney General to protect government witnesses and their families. Consolidates into one provision current law authorizing rewards for the apprehension of offenders. Enacts into law the existing Interstate Agreement on Detainers. Limits the capacity of the United States as a "receiving state" for the purposes of such agreement. Restates the procedural requirements with respect to the rendition of a fugitive. Amends provisions relating to extradition (the surrender of fugitives between the United States and foreign countries). Prohibits extradition of a person convicted in absentia unless assurances are made that proceedings will be reopened or unless the person fled after having been present when his trial commenced. Details new procedures for the arrest and detention of persons who have committed extraditable offenses. States that extraditability shall be found in an appropriate hearing only upon proof of certain facts, including: (1) a treaty covering the offense involved is in effect; (2) the pending criminal charge against the person sought, or the prosecution for the offense of which he was convicted, was brought within any applicable statute of limitations; and (3) probable cause that the person sought and the person arrested are identical and that the person sought has committed or has been convicted of the alleged offense. Permits hearsay to be admitted in extradition hearings. Prescribes standards and procedures for waiver of extradition hearings and for appeal of a judgment issued in such a hearing. Extends the criminal jurisdiction of United States magistrates to include the trial of all misdemeanors. Allows a defendant or the government to elect to have a case involving a class A misdemeanor tried before a district court judge. Allows the government attorney to petition the district court for removal of a case pending before a magistrate when characteristics of the case warrant such removal. Authorizes appeal to the district court by a defendant convicted by a magistrate. Sets forth the rules respecting venue for an offense committed in more than one district, committed outside of any district, or committed in a new district or division (current law is generally left unchanged). Limits the prosecution of the offense of disseminating obscene material to the district from which the material was disseminated or in which the offense was completed (current law allows such prosecution in any district through which the material moves). Restates the procedural requirements for the appointment of counsel in criminal cases. Increases the maximum compensation rates for such services. Restates the procedural requirements with respect to release and confinement pending judicial proceedings (current law, the Bail Reform Act of 1966, as amended, is generally left unchanged). Sets forth the procedural requirements with respect to the disposition of juvenile offenders. Eliminates, with respect to the surrendering of a juvenile charged with a class B or C misdemeanor or an infraction committed within the special territorial jurisdiction of the U.S. to State authorities, the certification requirement. Permits Federal prosecution of a juvenile charged with a felony if there is a special interest warranting such prosecution, even though State jurisdiction exists and the appropriate State has adequate juvenile services. Specifies guidelines for surrender to State authorities of persons aged 18-21 who are arrested and charged with a Federal offense. Establishes the procedures for the arrest, detention, and pretrial release of juveniles (current law, the Federal Juvenile Delinquency Act, amended by the Juvenile Justice and Delinquency Prevention Act of 1974, is generally continued). Creates an intake screening procedure for juveniles, through which a probation officer reviews the case and background and characteristics of the juvenile, and makes a recommendation to the Government attorney concerning the disposition of, or mode of proceeding with, the case. Revises the procedures to be followed by Federal courts with respect to an offender suffering from a mental disease or defect. Limits to four months (subject to a two month extension) the period for which a defendant who has been found incompetent to stand trial may be hospitalized by the Attorney General. Requires that such defendant be released after the applicable time limits upon a determination by the court by a preponderance of the evidence that such release would not create a substantial risk of serious injury to another person or serious damage to property. Allows a defendant who has raised the issue of insanity pursuant to Rule 12.2 of the Federal Rules of Criminal Procedure to be found not guilty by reason of insanity. Establishes a new procedure for the civil commitment of any such defendant where, after the requisite hearing, the court finds by clear and convincing evidence that the acquitted person's release would create a substantial risk or serious bodily injury to another person or serious damage to property. Requires a hearing on the mental condition of a defendant serving a sentence of imprisonment who objects to being transferred to a facility for care or treatment. Requires the court to commit the defendant to the Attorney General for hospitalization where it is of the opinion that such defendant is suffering from a mental disease or defect necessitating such care. Sets forth procedures for the hospitalization of an imprisoned person due for release who suffers from mental disease or defect. Provides that the Supreme Court's amendments to the Federal Rules of Criminal Procedure shall become effective 180 days after they have been reported to Congress (90 days under current law). Restates the rules respecting the admissibility of confessions and the admissibility of evidence in sentencing proceedings (current law is generally left unchanged). Permits in a felony or class A misdemeanor case, unless contrary to a plea agreement, a defendant to appeal a sentence greater than the maximum allowed under the Sentencing Commission's guidelines which are found by the sentencing court to be applicable, and the Government to appeal a sentence less than the applicable minimum. Authorizes the court of appeals, upon a determination that the sentence is unreasonable, to remand the case for further sentencing proceedings, or (where the defendant has appealed) to remand for imposition of a lesser sentence or impose a lesser sentence, or (where the Government has appealed) to remand for imposition of a greater sentence or impose a greater sentence. Sets forth rules regarding supervision of probation, the appointment and duties of probation officers, transportation of a probationer, transfer of jurisdiction over a probationer, and the arrest and return of a probationer. Adds a new expungement provision with respect to the offense of possessing marihuana, which requires the court to order expungement after the payment of a fine in a case involving 30 grams or less of marihuana and allows the court to order expungement after the payment of a fine in a case involving more than 30 grams. Requires fines paid to the clerk of the sentencing court to be forwarded to the United States Treasury for credit to the Victim Compensation Fund established by this Act. Treates criminal fine judgments as tax liens (thus making available the summary collection procedures used by the Internal Revenue Service). Expands the enforcement powers of the Department of Justice in collecting unpaid fines. Sets forth rules regarding the imprisonment of Federal prisoners. Places custody of such prisoners in the Bureau of Prisons, rather than the Attorney General. Adds a new provision permitting the temporary release of a prisoner to participate in an educational program. Eliminates: (1) the requirement in current law that when a prisoner works in the community, local unions be consulted; and (2) the provision barring work release when other workers might be displaced. Revises provisions with respect to good time allowances to allow a prisoner who is serving a term of imprisonment of more than one year to receive 36 days at the end of each year of imprisonment, such credit to vest upon its receipt. Adds a new requirement that the Bureau of Prisons assure to the extent practicable that a prisoner spends a reasonable part (not to exceed six months) of the last ten percent of the term to be served under conditions affording such person a reasonable opportunity to prepare for re-entry into the community. Makes the Administrative Procedures Act inapplicable to any of the imprisonment procedures. Part V - Ancillary Civil Proceedings - Consolidates and enumerates 23 offenses for which the Attorney General may initiate civil forfeiture proceedings, including criminal infringement of a copyright and trafficking in contraband cigarettes. Directs the Attorney General to establish procedures to turn over to the victim proceeds forfeited for the offenses of executing a fraudulent scheme and consumer fraud. Restates the authority of the Attorney General to initiate civil proceedings to restrain certain racketeering offenses (current law, the Organized Crime Control Act of 1970, is generally left unchanged). Authorizes the Attorney General to enjoin a practice that constitutes or could constitute a fraudulent scheme or consumer fraud. Prohibits a Federal agency from denying a person employment solely on the basis of a conviction under Federal or State law, with specified exceptions. Carries forward current law which authorizes private civil actions for damages as the result of the following offenses: operating a racketeering syndicate, racketeering, washing racketeering proceeds, and eavesdropping. Establishes in the Treasury a Victim of Compensation Fund from which victims of Federal offenses against the person or their surviving dependents may be compensated (up to a $50,000 maximum per victim per offense) upon filing a claim with the United States Victim Compensation Board established by this Act. Conditions compensation upon: (1) the offense having been reported to al law enforcement officer within 72 hours; (2) the claim being filed within one year of the offense; and (3) the claimant sustaining a certain minimum loss. Title II: Amendments to the Federal Rules of Criminal Procedure and the Federal Rules of Evidence - Amends Rule 5 to require that a defendant who is not accorded a preliminary examination within the applicable time limits be released from custody, bail requirements, or other conditions of release. Adds a new Rule 6.1 which generally carries forward current law regarding special grand juries (title I of the Organized Crime Control Act of 1970). Revises the reporting requirements with respect to such special grand jury to: (1) eliminate the requirement that a report on noncriminal misconduct, malfeasance, or misfeasance in office be based upon "organized criminal activity" and the requirement that the public official involved have been "appointed"; (2) allow the jury to report that it has found misconduct, malfeasance, or misfeasance by an individual in public office, when such person requests such report; and (3) allow the jury to recommend legislative, administrative, or executive action in the public interest. Amends Rule 7 to require that the indictment or information allege the grade of the offense charged and contain a citation of the particular jurisdictional provision alleged to be applicable, where Federal jurisdiction over the offense exists only under specified circumstances. Amends Rule 8 to make joinder of offenses applicable to the new category of "infractions". Amends Rule 9 to require that a summons, rather than arrest warrant, be used where the offense consists solely of possessing drugs. Revises the procedure for service of a summons to a corporation. Adds a new Rule 25.1 dealing with proof of offenses, defenses, affirmative defenses, grading, and jurisdiction, and the consequences of prima facie evidence and presumptions. Requires the Government to prove beyond a reasonable doubt the nonexistence of a defense which a defendant raises at trial, where there is sufficient evidence to support a reasonable belief as to its existence. Requires the defendant to prove by a preponderance of the evidence affirmative defenses. Requires the court to decide the issue of the existence of Federal jurisdiction over the offense, unless, in a jury trial, the defendant elects before trial to have the issued decided by the jury. Requires the Government to prove beyond a reasonable doubt the existence of Federal jurisdiction. Adds a new Rule 26.1 dealing with the statements of witnesses, which generally conforms to existing law (existing Rule 26.1 (concerning the determination of foreign law) is renumbered as Rule 27, replacing existing Rule 27 (concerning proof of official record) which is repealed). Amends Rule 32 to conform the procedure for revocation of probation to recent Supreme Court decisions. Title III: Amendments to Title 28, United States Code - Retains the Bureau of Prisons within the Department of Justice and outlines its organization and responsibilities. Requires the Bureau to: (1) collect information concerning offenders, sentencing practices, and correctional programs; and (2) provide training for its officers, officials, and employees. Permits the Bureau to review applications for Federal or State grants-in-aid or technical assistance. Allows an employee of a Federal correctional facility to summarily seize any object introduced into such facility or possessed by an inmate in violation of rules or regulations promulgated by the Director. Authorizes the Bureau to provide specialized programs for classes of offenders (current law authorizes specified treatment only for narcotic addicts or youth offenders). Retains the National Institute of Corrections in the Bureau, and increases from 16 to 17 the membership of its Advisory Board. Makes Administrative Procedures Act inapplicable to Bureau of Prison procedures. Retains the Advisory Corrections Council and continues the Federal Prison Industries. Establishes the United States Victim Compensation Board to administer the victim compensation program created by this Act. Establishes as an independent body in the judicial branch a seven-member United States Sentencing Commission to establish sentencing policies and practices for the Federal criminal justice system. Directs the President to: (1) appoint three members after consultation with the Judicial Conference of the U.S.; and (2) designate four members from a list of seven judges recommended by the Conference. Directs the Commission, by affirmative vote of at least four members, to promulgate guidelines and general policy statements for use by a sentencing court. Enumerates the duties of the Commission with respect to such guidelines and statements, including that: (1) the maximum of the range established for a term of imprisonment not exceed the minimum of such range by more than 25 percent; (2) they reflect the inappropriateness of imposing a term of imprisonment for the purpose of rehabilitating the defendant and the appropriateness of imposing incremental penalties for the commission of multiple offenses at different times; (3) the Commission review the guidelines after consultation with various authorities; and (4) the guidelines be reported to Congress by May 1st after the beginning of a regular session and become effective 180 days later, subject to disapproval or modification by Act of Congress. Enumerates the powers of the Commission. Sets forth provisions requiring the enforcement by State authorities of child custody determinations made by a court of another State. Title IV: General Provisions - Sets forth general provisions, including that this Act shall take effect, with specified exceptions, two years after the date of enactment. Title V: Technical and Conforming Amendments Cross-Referenced in Title 18 - Makes technical and conforming amendments. Revises the oath which must be submitted by an absentee buyer seeking to purchase a firearm from a licensed importer, manufacturer, or dealer. Reenacts, with certain revisions, provisions regarding jurisdiction over offenses committed in Indian country which are not included in the recodification. Confers jurisdiction on Kansas, Iowa, and New York with regard to offenses committed by or against Indians on Indian reservations. Amends title IV of the Social Security Act (Aid to Families with Dependent Children) to require that the Parent Locator Service obtain information to be used to locate a parent or child for the purpose of making or enforcing child custody determinations. Title VI: Codification and Revision of Title 18 Appendix Reenactment and Redesignation of Former Sections of Title 18 - Transfers certain offenses contained in current title 18 to a new title 18 Appendix. Title VII: Technical and Conforming Amendments to Provisions Outside Title 18 and Title 18 Appendix - Makes technical and conforming amendments.
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 · 5 September 1979
Amends the Federal criminal code to provide, with respect to an interception of communications where surreptitious entry is required, that: (1) the application for an order state why other means of effecting the interception reasonably appear unlikely to succeed, or are too dangerous or impracticable; (2) the court find probable cause to believe that surreptitious entry reasonably appears to be required; and (3) an order authorizing interception specify whether surreptitious entry is approved and, if so: (A) the identify of the agency authorized to make such entry, and (B) that the government attorney shall, when practicable, notify the authorizing judge of the proposed time and method of entry and, in any case in which more than one entry is required, the reasons which necessitate the reentry. Requires an authorizing judge to report orders approving surreptitious entries to the Administrative Office of the United States Courts. Allows the interception of communications without a court order in emergency situations involving immediate danger of death or serious physical injury to any person (current law limits it to conspiracies involving national security or organized crime).
United States · United States Congress · 3 August 1979
Small Scale Energy Technology Programs Reorganization Act - Defines the term "small-scale technology" to include renewable energy and other technologies, products, and services which contribute to energy production, conservation, and awareness among end users in a manner which is simple, environmentally sound, and reliant upon available labor. Establishes and Office of Small Scale Technology within the Department of Energy. Requires the Office to incorporate the energy technology small grants program of the Department. Directs the Secretary of Energy, through the Director of such Office, to: (1) make grants to small businesses and localities for small-scale technology; (2) certify the performance of small-scale technology equipment and demonstration models developed by grantees; (3) assist in the marketing of certified technologies; (4) provide information on the benefits and availability of small-scale technology and the role of small business in its production; (5) assist State and local governments in the use of such technology; and (6) coordinate domestic and international small-scale technology programs. Sets forth procedures for the administration by the Office of the small grants program. Limits any such grant to not more than $100,000 for any two-year period. Directs the Secretary to initiate a program to promote the use of small-scale technology and to improve the competitive position of small, energy-related businesses. Requires the Secretary to provide grants to small businesses and localities to expand the use of certified technologies. Requires the Director to conduct and submit to Congress a study on the practicality of integrating all functions of the Energy-Related Inventions Program into the Office of Small Scale Technology. Directs the Secretary to report to Congress concerning: (1) policy recommendations to the Department for utilizing small-scale technologies to meet the Nation's energy needs; (2) the advisability of modifying the Department's patent policy to enable small businesses to commercialize emerging technologies; and (3) the activities of the Office. Establishes an Interagency Council on Small Scale Technology as an independent instrumentality of the U.S. in the executive branch. Directs the Council to review, coordinate, and report to Congress on the current and potential small-scale technology programs of the Government.
United States · United States Congress · 3 August 1979
Campaign Contribution Reform Act of 1979 - Amends the Federal Election Campaign Act of 1971 to prohibit any multicandidate political committee (other than a multicandidate committee of a political party) from making contributions to a candidate for the office of Senator in the Congress and his or her authorized committees which in any calendar year exceeds: (1) $5,000 with respect to any general or special election and a primary election relating to such election; or (2) $7,500 (but not more than $5,500 for one election) with respect to a general or special election and both a primary and runoff election relating to such election. Specifies that any contribution made in a year, other than the calendar year in which the election is held, is considered to be made in the calendar year in which such election is held, and any contribution made after the date of such election shall be considered a contribution with respect to such election only if such contribution is used to pay obligations incurred with respect to such election. Specifies that any extension of credit for goods or services relating to advertising on broadcasting stations, in newspapers or magazines, by direct mail or other similar types of general public political advertising shall be considered a contribution, if such extension of credit is: (1) in an amount of more than $1,000; and (2) for a period of more than 30 days.
United States · United States Congress · 3 August 1979
Tax Court Improvement Act of 1979 - Establishes the United States Court of Tax Appeals, composed of all the Federal judicial circuits and comprised of eleven circuit judges. Directs the Chief Justice to designate one judge of each circuit to serve on such court (or, where necessary, a district judge of that circuit). Sets a term of three years for such judges. Authorizes the U.S. Court of Tax Appeals to sit in panels of more than three judges. Requires at least nine judges to hear a case en banc whenever six judges determine that it is in the interest of justice. Specifies factors for consideration in making such a decision. Requires the Director of the Administrative Office of the U.S. Courts to report to the President and the judiciary committees of Congress on or about January 1, 1985, concerning the implementation and effectiveness of the Court of Tax Appeals. Gives the Court of Tax Appeals exclusive jurisdiction in: (1) any appeal from a district court action based on internal revenue or for the recovery of any tax under the Federal Tort Claims Act; and (2) any appeal from the United States Tax Court. Requires the Director of the Administrative Office of the U.S. Courts to provide permanent accommodations for the Court only in the District of Columbia. Requires sessions of the Court to be held at least once per year in each of the circuits and at other times and places as the Court may select.
United States · United States Congress · 2 August 1979
National Fishery Development Act - Amends the Act of August 11, 1939, to require the Secretary of Agriculture to transfer moneys made available to encourage exportation and domestic consumption of agriculture products to the Secretary of Commerce in amounts equal to 30 percent of the gross receipts from duties collected under custom laws on fishery products. Declares that such funds shall be maintained in a separate fund and used by the Secretary of Commerce to carry out a national program of fisheries research and development which promotes the free flow of domestically produced fishery products in domestic and international commerce by conducting fishery educational, technological, biological, and related research programs, and to provide financial assistance for fisheries development projects. Allows any person, regional fishery development foundation, or organization involved with the commercial fishing industry to make application to the Secretary of Commerce for such funds. Requires the person or organization obtaining such funds to submit periodic project status reports to the Secretary. Requires the Secretary of Commerce to include as part of the annual report to the National Marine Fisheries Service an analysis and evaluation of all programs funded under this Act. Requires the Secretary of Commerce to transmit to specified House and Senate committees, 60 days in advance of each fiscal year, a list of projects and a budget for each project which is proposed under this Act. Requires that not less than 50 percent of the moneys in the fund shall be made available annually to fund the projects and programs, and that the remainder of such moneys be made available to implement the national fisheries research and development program. Requires the Secretary of Commerce to appoint not fewer than six officers who shall, with the concurrence of the Secretary of State, serve abroad to promote United States fishing interests. Requires the Secretary of State, upon the request of the Secretary of Commerce, to officially assign the officers to the diplomatic mission of the United States in the country in which such officers are placed, and to obtain for them diplomatic privileges and immunities. Transfers any balance of funds remaining in the fisheries loan fund created by the Fish and Wildlife Act of 1956, as of September 30, 1980, to the Federal Ship Financing Fund established under the Merchant Marine Act of 1936. Requires the Secretary of Commerce to provide for the guarantee of obligations relating to fishing vessels engaged in developing fisheries which might not otherwise meet the normal economic soundness criteria established under the Merchant Marine Act of 1936.
United States · United States Congress · 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
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 · 31 July 1979
Federal Bureau of Investigation Charter Act of 1979 - Establishes a comprehensive Federal Bureau of Investigation Charter which sets forth the duties and responsibilities of the FBI with respect to criminal and civil investigations, undercover operations, and law enforcement support functions, but excluding foreign intelligence activities (which were specified in Executive Order 12036). Enumerates as general principles of the FBI that it: (1) conduct investigations with minimal intrusion consistent with the need to collect information or evidence in a timely and effective manner; (2) be concerned only with criminal conduct when conducting a criminal investigation; and (3) not conduct an investigation solely on the basis of the lawful exercise of Constitutional or statutory rights, including the expression of a religious or political view or the right to peacefully assemble and petition the Government. Limits the appointment of the Director of the FBI to one ten-year term. Specifies the general powers and duties of the Director, Associate Director, an Assistant to the Director, Assistant Director, Inspector, and Agent of the FBI. Authorizes the FBI to make inquiries to determine whether there is a basis for investigation and conduct an investigation on the basis of facts or circumstances that reasonably indicate that: (1) a person has, is, or will engage in an activity in violation of Federal criminal law; (2) two or more persons are engaged in a continuing enterprise for the purpose of obtaining monetary or commercial gains or profits through "racketeering activity" (defined as activity involving a violation of 18 U.S.C. 1961-1968); or (3) two or more persons are engaged in (A) terrorist activity in violation of Federal criminal law, (B) a "pattern of terrorist activity" in violation of State criminal law, or (C) terrorist activity by an enterprise whose membership is based wholly or in part in the United States that occurs totally outside the United States or transcends a national boundary and which would constitute a criminal violation if committed within Federal or State jurisdiction. Directs the Attorney General, as soon as feasible after enactment, to promulgate guidelines for such investigative authority that embody specific principles. Requires that the Department of Justice be advised of all investigations of terrorist activity and that any such investigations continuing beyond one year be reviewed at least annually by the Director. Requires that the Attorney General's guidelines protect constitutional rights and personal privacy and ensure that as the likelihood for intrusion into privacy increases through the specific use of techniques, more formalized and higher level authorization and review procedures are required. Establishes restrictions on certain investigative techniques, including the use of informants and undercover agents, physical surveillance, mail and electronic surveillance, and access to third party records and tax information. Requires that a supervisory official of the FBI make a written finding that an informant is suitable for use on a continuing basis and that the information likely to be obtained relates to an authorized investigation. Requires the periodic review of such finding by the Director or his designee. Requires an FBI official, in determining that an informant's participation in criminal activity is justified, to state in writing that: (1) the conduct is necessary to obtain information or evidence for prosecutive purposes or to avoid death or serious bodily injury; and (2) such need outweighs the seriousness of the conduct involved (but prohibits the use of unlawful techniques to collect information). Requires that for a licensed physician, lawyer, clergyman, or member of the news media to be used as an informant that: (1) such use be expressly authorized in writing by the Director or a senior official; (2) the Attorney General or his designee be promptly notified; and (3) such person be advised that the FBI is not requesting the person to breach any legal obligation of confidentiality. Requires the FBI to determine a person's suitability for use as an informant or for providing operational assistance. Provides that an FBI employee used as an undercover agent is bound by the provisions of this Act and other laws and guidelines governing the conduct of FBI agents. Prohibits such agent from participating in any criminal activity except to: (1) obtain information or evidence necessary for paramount prosecutive purposes; (2) establish credibility; or (3) avoid death or serious bodily injury or danger to himself or another (but prohibits the use of unlawful techniques to collect information). Authorizes the FBI to use an informant or undercover agent to infiltrate a group under investigation, but requires a senior official to make a written finding to the Director that the infiltration of a group under investigation with respect to terrorist activities is necessary. Requires such finding to include a statement of means reasonably designed to minimize the acquisition of information unrelated to the matter under investigation. Requires, with respect to surveillance, that: (1) physical surveillance be directed against an identifiable individual only within the scope of investigative authority; (2) mail openings be conducted only pursuant to United States Postal Service regulations; and (3) electronic surveillance be made only in accordance with applicable law. Authorizes the FBI to issue an investigative demand: (1) for access to the records of a "financial institution" as defined in, and for use in accordance with, the Right to Financial Privacy Act of 1978 and guidelines by the Attorney General; and (2) to obtain toll records from a communications common carrier, insurance records, or records from a credit institution not encompassed by the Right to Financial Privacy Act if (A) there is reason to believe the records are relevant to an authorized investigation and (B) proper service and notice are executed. Forbids such investigative demand from making a requirement which would be unreasonable or would concern a privileged record if demanded by a subpoena duces tecum issued by a Federal court in aid to a grand jury investigation. Sets forth procedural requirements with respect to such investigative demands. Authorizes the FBI to obtain access to tax information from the Internal Revenue Service only in accordance with the confidentiality and disclosure provisions of the Internal Revenue Code. Allows the FBI to use other investigative techniques, such as trash covers, pen covers, consensual monitoring, electronic location detectors, covert photographic surveillance, and pretext interviews only in the course of a lawful investigation. Authorizes the FBI to retain information if it is relevant to an investigation or within the scope of other authorized responsibilities conferred by this Act. Specifies conditions under which the FBI may disseminate information to Federal or State or local criminal justice agencies. Directs the FBI to destroy records or deposit them in the Archives of the United States for historic preservation ten years after: (1) the termination of an investigation not leading to prosecution; or (2) termination of prosecution, with specified exceptions. Specifies the authority of the FBI to conduct undercover operations. Allows the Bureau to procure property and services for such purposes without regard to usual procurement regulations. Subjects to review by the Attorney General and the Comptroller General the liquidation of any sizeable property. Authorizes the FBI to collect information to assist the Attorney General in determining whether the use of Federal troops or other Federal assistance is required: (1) concerning an actual or threatened civil dispute to enforce Federal law or court orders or which may result in the request for such assistance by State authorities; or (2) relating to a peaceful public demonstration that is likely to require Federal action with respect to public health and safety upon the specific approval of the Attorney General or his designee. Requires such information to be collected from publicly available sources whenever possible and prohibits the use of certain investigatory techniques. Requires the information to be stored in a manner that minimizes its retrieval by reference to a specific individual. Authorizes the FBI to conduct background investigations of an individual who has: (1) consented to be considered for nomination to an office requiring the advice and consent of the Senate; (2) consented to be appointed to a position in the Executive Office of the President that will require access to classified information; (3) consented to be considered for nomination by the President as a justice or judge; (4) applied for employment in the FBI or in a position in the Department of Justice requiring such investigation; (5) applied for a Presidential reprieve or pardon; or (6) been designated by the Attorney General as requiring access to classified information. Authorizes the FBI to conduct an investigation on a reimbursable basis of an individual on the staff of: (1) the Appropriations or Judiciary Committees of Congress; (2) the Select Committees on Intelligence of Congress; (3) the Speaker of the House; (4) the President pro tempore of the Senate; or (5) the majority or minority leader of either House. Authorizes the FBI to conduct an investigation on a reimbursable basis of certain judicial officers and to assist other Federal agencies conducting background investigations with respect to job applicants, contractors, persons requiring access to classified defense information, persons having access to a person or premises within the protective responsibility of the United States Secret Service, applicants for Federal grants or loans (to the extent authorized by the Attorney General or his designee), or persons requiring access to a Federal computer system subject to clearance. Enumerates other special service functions of the FBI, including those related to congressional committees, grand jury investigations, other protective services, and investigative assistance to other Federal, State, or local law enforcement agencies. Authorizes the FBI to: (1) train its own employees and law enforcement and criminal justice personnel of other Federal agencies, State or local agencies, foreign governments, and members of the United States Armed Forces; (2) conduct research and development to improve law enforcement and to procure equipment and systems for its authorized law enforcement functions; (3) establish and maintain liaison with, and provide mutual assistance to, a foreign law enforcement agency consistent with guidelines established by the Attorney General; (4) provide technical assistance at the request of a Federal, foreign, State, or local government agency; (5) provide personnel, informational, investigative, and technical assistance to the United States Secret Service in connection with its protective responsibilities; and (6) collect and classify various types of civil and criminal records, such as civil and criminal fingerprint records, records concerning fugitives, and missing person records, and to exchange such information with law enforcement agencies of the Federal, foreign, State, or local governments. Authorizes the FBI to exchange criminal fingerprint records and criminal history information with Federal, foreign, State, or local agencies, and other entities, with respect to licensing, the administration of visa, immigration, or passport laws, federally insured financing, and securities regulation. Allows unsolicited information about an identifiable person which does not pertain to authorized FBI responsibilities to be retained only for the limited period necessary for administrative processing. Allows the Director to impose a civil penalty up to $5,000 on any person who intentionally uses sensitive investigative techniques in knowing violation of this Act while acting as an employee of the FBI (such penalty to be in addition to others prescribed by law). Stipulates that nothing in this Act, including any guidelines established pursuant to this Act, creates any substantive or procedural rights, and no court has jurisdiction over a claim in any proceeding, based solely on violations of its provisions. Requires guidelines promulgated by the Attorney General to be made public, except upon a determination that a particular guideline if made public would jeopardize the investigative process. Exempts from public disclosure procedures which would assist a criminal to avoid detection or would compromise sensitive investigative techniques. Directs the Attorney General to provide to the Judiciary Committees of Congress information concerning the implementation of this Act, and, on an annual basis: (1) the total number of investigations conducted in the preceding year; and (2) the total number of activities conducted in the preceding year requiring approval of the Director or the Attorney General. Directs the Attorney General to submit to such committees for review specified guidelines. Requires the Director to review periodically the application of all guidelines to insure that they are complied with and achieve their purposes. Charges the Attorney General with protecting the integrity of investigative files and the confidentiality of informants, undercover operations, and other sensitive investigative techniques. Prohibits a court from ordering a Government attorney or other Department of Justice official to disclose the identity of a confidential informant or information which would reveal such identity, except to the court in camera, if the Attorney General has determined that the informant's identity must be protected. Authorizes the Attorney General and the FBI to investigate any violation of Federal criminal law involving a Government officer or employee. Requires any information received in an executive agency relating to such a violation to be expeditiously reported to the Attorney General, unless otherwise provided for by law. Stipulates that such investigative authority does not limit the authority of the military departments to investigate offenses pursuant to the Uniform Code of Military Justice or the primary authority of the Postmaster General to investigate postal offenses. Makes it the duty of the Attorney General to take all reasonable steps to insure that FBI investigations conform with statutory and constitutional law.
United States · United States Congress · 30 July 1979
National Student Loan Reform Act - Declares the purposes of this Act to be to: (1) ensure capital availability for student loans by strengthening the campus-based direct loan program; (2) adjust repayment schedules, and otherwise improve collection procedures, to make repayment sensitive to ability to repay and to reduce the default rate; and (3) guarantee loans to eligible borrowers so as to facilitate providing the expected family contributions (or, in the case of independent students, the expected self-help contribution) to the cost of higher education. Amends the Higher Education Act of 1965 to direct the Student Loan Marketing Association (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 agreements. Stipulates that: (1) the conditions of such loans shall be determined by the institution, 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 1973; (8) repayment extensions may be made; and (9) partial ban 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 ban insurance fund for such loans and related expenses. Transfers such funds availability from the Commissioner of Education to the Association. Provides that the Association shall pay an eligible institution ten dollars per academic year year for each enrolled student on whose behalf such family-contribution loan is made. Limits such new family-contribution loans to fiscal years 1981-1985, and prohibits payments 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 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 defaulting loans. 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; (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.
United States · United States Congress · 18 July 1979
Local Energy Management Act of 1979 - Title I: Findings, Declaration of Purpose, and Definitions - Declares that the purposes of this Act are: (1) to establish a demonstration grant program applicable to localities proposing energy conservation and renewable energy resource development plans; (2) to establish a documentation and distribution grants program; and (3) to establish a local energy reference center to disseminate information on such programs. Title II: Program Administration - Directs the Secretary of Energy to carry out the provisions of this Act and to report annually to the Congress on activities of the programs established under this Act. Requires the Secretary to consult and cooperate with appropriate Federal and other public and private agencies to provide a coordinated approach to the programs established under this Act. Title III: Demonstration Grants Program - Authorizes the Secretary to make nonrenewable grants to localities for the development of measures to promote energy conservation and the development of renewable resources. Sets forth application and other procedures for such grants program. Title IV: Documentation and Distribution Grants Program - Authorizes the Secretary to make renewable, one-year grants to localities to document and distribute practical information on programs to promote energy conservation or the development of renewable energy resources. Sets forth application and other procedures for such grants program. Title V: General Grant Guidelines - Sets forth general guidelines for awarding grants under title III and title IV of this Act. Title VI: Local Energy Reference Center - Directs the Secretary to establish a local energy reference center to serve as a data bank and information center for localities. Sets forth the responsibilities of the center. Title VII: Technical Assistance Panel - Directs the local energy reference center to establish a technical assistance panel to provide information to localities on energy conservation and development of renewable energy resources. Title VIII: Authorization of Appropriations - Authorizes the appropriation of $15,000,000 for fiscal year 1980, $20,000,000 for fiscal year 1981, and $20,000,000 for fiscal year 1982 to carry out the purposes of this Act.
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 · 13 July 1979
Amends the Department of Justice Appropriation Authorization Act, Fiscal Year 1979 to increase the authorization of appropriations for the Federal Bureau of Investigation from $561,341,000 to $564,041,000. Authorizes appropriations for fiscal year 1979 for intelligence-related activities of the FBI in the sum of $2,700,000, in addition to the appropriations authorization under the Intelligence and Intelligence- Related Activities Authorization Act for Fiscal Year 1979.
![Official portrait of Sen. Kennedy, Edward M. [D-MA]](https://www.congress.gov/img/member/k000105_200.jpg)