United States · United States Congress · 15 March 1979
Amends title XVIII (Medicare) of the Social Security to authorize the President to enter into agreements establishing reciprocal arrangements between the health insurance program established by such title and the program of any foreign country under which similar services are provided directly to entitled individuals or under which insurance is provided to meet all or part of the expenses of entitled individuals for health services. Requires that any such agreement specify: (1) the nature and extent of payment to be made to or on behalf of individuals entitled to benefits; (2) limitations on the nature and duration of health services and on entitlement of individuals to benefits on a reciprocal basis under an agreement in the United States and in the foreign country; and (3) the methods by which the cost of providing health services on a reciprocal basis shall be shared by the United States and the foreign country. Directs the Secretary of Health, Education, and Welfare to make rules and regulations and establish procedures which are reasonable and necessary to implement and administer any agreement which has been entered into in accordance with this Act. Authorizes the Secretary to enter into interim arrangements with any hospital in a foreign country which is accredited by the Joint Commission on Accreditation of Hospitals, or such other hospitals as the Secretary finds meet specified health and safety standards.
United States · United States Congress · 15 March 1979
Judicial Improvement Act of 1979 - Title I: Terms of Chief Judges - Sets forth rules governing the appointment and terms of the chief judges of the courts of appeals and the district courts. Reduces from 70 to 65 years the maximum age for the chief judge of a circuit or district court, with specified exceptions. Title II: Appellate Panels - Makes certain revisions with respect to the composition of, and precedence on, appellate judicial panels. Title III: Judicial Councils - Specifies rules governing the membership of the councils of the circuit judges. Directs each court of appeals to: (1) appoint an advisory committee to study the rules and operating procedures of such court; and (2) publish such rules and procedures. Title IV: Pensions - Directs the Administrative Office of the United States Courts to pay the amount due as a deposit for civil service retirement purposes for a period of judicial service which immediately precedes government service. Title V: Transfer of Cases - Directs a Federal court to transfer any action with respect to which it finds a want of jurisdiction to any other appropriate Federal court, if it is in the interests of justice. Title VI: Interest - Revises the interest rate allowed on money judgments in district courts, and authorizes the court to add to the sum of actual damages prejudgment interest. Title VII: United States Court of Appeals for the Federal Circuit - Establishes the United States Court of Appeals for the Federal Circuit, consisting of 12 judges (who shall be the judges of the Court of Claims and the Court of Customs and Patent Appeals on the effective date of this Act), and composed of all Federal judicial districts. Replaces the Court of Claims with the United States Claims Court, consisting of 16 judges serving 15-year terms. Sets forth rules governing the salaries, terms, assignment, expenses, and removal from office of such judges, and the administration of such court. Abolishes the Court of Customs and Patent Appeals. Gives the Court of Appeals for the Federal Circuit exclusive jurisdiction over: (1) patent, trademark, and unfair competition appeals from district courts; (2) claims against the United States, with specified exceptions; (3) appeals from the United States Claims Court; (4) other specified patent and trademark appeals; (5) appeals from final judgments of the United States Customs Court and interlocutory appeals under certain circumstances; and (6) certain other appeals with respect to the International Trade Commission, the Secretary of Commerce, the Plant Variety Act, and the Merit Systems Protection Board. Gives the district courts original jurisdiction, concurrent with the United States Claims Court, of Federal civil tax actions and certain other claims against the United States. Specifies the jurisdiction of the United States Claims Court, including any claim against the United States founded upon the Constitution, Act of Congress, or administrative regulation. Sets forth United States Claims Court procedures.
United States · United States Congress · 15 March 1979
Amends the Federal Tort Claims Act to make the tort claims resulting from a Government employee's negligent act which was "within the scope of his office or employment" exclusive of any other civil action or proceeding arising out of the same subject matter. Establishes a constitutional tort remedy against the United States for an act of a Government employee which the Attorney General certifies was "within the scope of his office or employment." Allows a plaintiff to elect to proceed only against a defendant employee whom the Attorney General has certified was acting "solely under color of his office or employment. Stipulates that such certification by the Attorney General shall be binding and conclusive, except that the defendant employee may request the appropriate district court to modify the certification. Prohibits the United States from asserting as a defense to a constitutional tort action: (1) the absolute or qualified immunity of the defendant employee; or (2) such employee's reasonable good faith belief in the lawfulness of his conduct, but allows such defenses where the complaint is against a Member of Congress, a judge, a prosecutor, or a person performing analogous functions. Allows a successful plaintiff to recover actual damages or liquidated damages computed at the rate of $100 per day for each day of violation or $1,000, whichever is higher, up to a maximum of $15,000, plus reasonable attorney's fees and other litigation costs. Authorizes a class action in conformity with the Federal Rules of Civil Procedure to be instituted for a constitutional tort if: (1) the claim is presented to the appropriate Federal agency; and (2) it is deemed appropriate by the court. Sets a $1,000,000 limit for an award for liquidated damages for any one class. Excepts from constitutional tort liability actions arising from the activities of the Tennessee Valley Authority, the Panama Canal Company, Federal land or intermediate credit banks, or banks for cooperatives. Eliminates from the current exceptions to the Federal Tort Claims Act claims arising out of certain intentional torts, including assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process. Allows a person who: (1) obtains a monetary recovery from the United States on a claim under the Federal Torts Claim Act; or (2) brings a constitutional tort claim as provided by this Act, to request an administrative inquiry into the conduct giving rise to the claim. Authorizes an agency which undertakes to conduct such an inquiry to invite the participation of a person who may have been adversely affected by the conduct under inquiry. Establishes time limits and other procedures for such inquiry. Directs the head of the agency or his designee to issue a statement of findings and determine whether disciplinary action is warranted. Provides for administrative and judicial review of an agency's final determination. Provides for the substitution of the United States as defendant in a constitutional tort action against a former Government employee or Presidential appointee if such individual agrees to submit to the disciplinary procedures provided by this Act. Terminates this Act five years from the date of enactment (thus reviving the current Federal Torts Claim Act), and directs the Attorney General and the Office of Personnel Management to make recommendations to Congress with respect to this Act six months before such termination date.
United States · United States Congress · 15 March 1979
Nurse Training Amendments of 1979 - Amends title VIII of the Public Health Service Act (Nurse Training) to redefine the purposes of the special projects for which the Secretary of Health, Education, and Welfare is authorized to make grants to nursing schools and entities. Extends the authorization of appropriations through fiscal year 1980 for such special projects and nurse practitioner programs. Eliminates the current requirement that nurse practitioners reside in health manpower shortage areas to participate in traineeship programs. Repeals the provision relating to loan agreements with nursing schools that prohibits a student who has attended such school before October 1, 1978, from receiving a loan from a fund established under the National Defense Education Act of 1958. Amends title VII of such Act ( Health Research and Teaching Facilities and Training of Professional Health Personnel) to eliminate the current requirement that certain percentage of the funds appropriated for National Health Service Corps scholarships be obligated for specified types of scholarships. Makes full-time students in graduate nursing degree programs eligible for health education assistance loans. Applies the current limitations on individual federally insured loans to such students.
United States · United States Congress · 15 March 1979
Jurisdictional Amendments Act of 1979 - Abolishes the amount in controversy requirement in Federal question cases. Authorizes a district court, in suits for damages brought under the Consumer Product Safety Act in which the plaintiff is adjudged to recover less than $10,000, to deny or to impose costs on such plaintiff. Abolishes diversity of citizenship as a basis of jurisdiction of Federal district courts, but retains as a basis of jurisdiction "alienage," involving foreign states or citizens of foreign states. Increases the amount in controversy requirement in such cases from $10,000 to $25,000. Retains as a basis for Federal jurisdiction statutory interpleader, which includes actions between citizens of different States. Permits venue for a Federal civil action in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or in which a substantial part of property that is the subject of the action is situated. Provides that a civil action brought in a State court of which the Federal district courts have original jurisdiction based upon diversity of citizenship may be removed to the Federal court only by a party in interest joined and served as a defendent who is a citizen or subject of a foreign state.
United States · United States Congress · 15 March 1979
Citizens' Right to Standing in Federal Courts Act - Prohibits a Federal court from dismissing an action brought against the Federal, State, or local governments, or entities or officers of such governments, based upon a violation of the Constitution or laws of the United States, on the ground that the plaintiff lacks standing to sue because: (1) the alleged injury is shared by a large class of persons; (2) the defendant's conduct is not the primary cause of the injury; (3) such injury is not substantially likely to be remedied or prevented by a determination on the merits in the plaintiff's favor, if such determination may contribute in significant part to remedying or preventing such injury; or (4) such injury is not within the zone of interests to be protected or regulated by the applicable statutes or constitutional provisions. States that such prohibition shall not affect the standing or lack of standing of a taxpayer plaintiff.
United States · United States Congress · 15 March 1979
Emergency Medical Services Systems and Health Information and Promotion Extensions of 1979 - Amends the Public Health Service Act to extend through fiscal year 1982 the authorization of appropriations for: (1) emergency medical services systems; (2) health information and promotion; and (3) immunization programs. Authorizes the Secretary of Health, Education, and Welfare to defer for an additional year (beyond the current three-year limit for such deferment) the date used with respect to service requirements for National Health Service Corps scholarships for students of medicine, osteopathy, or dentistry. Eliminates the grant set-aside for dentistry training. Repeals: (1) the comprehensive health planning program (which was superseded by title XV, the National Health Planning and Development Act); (2) the provision of title XV which gives priority for designation of health service areas which formerly had an area wide Comprehensive Health Planning Agency; and (3) title IX of the Public Health Service Act (Education, Research, Training, and Demonstrations in the Fields of Heart Disease, Cancer, Stroke, Kidney Disease, and Other Related Diseases). Amends title XIII of such Act (Health Maintenance Organizations) to eliminate the provision which allows an entity which provides prepaid health services and has members eligible for service under Medicare, Medicaid, and the Federal employees' health insurance program to be treated as HMOs for purposes of receiving assistance under such title.
United States · United States Congress · 15 March 1979
Federal Courts Improvement Act of 1979 - Sets forth rules governing the appointment and terms of the chief judges of the courts of appeals and the district courts. Reduces from 70 to 65 years the maximum age for the chief judge of a circuit or district court, with specified exceptions. Specifies rules governing the membership of the councils of the circuit judges. Authorizes a council to hold hearings, and to compel the appearance of witnesses and the production of documents to perform its duties. Directs each court of appeals to: (1) appoint an advisory committee to study the rules and operating procedures of such court;a nd (2) publish such rules and procedures. Revises the current requirement that Federal judges be 70 years of age to retire from active service at salary, to allow such judges to so retire when such individual's age plus period of judicial service equals 80 years. Retains the current ten year minimum service requirement. Allows any person to file a written complaint against a district or circuit judge with the judicial council of the circuit in which such judges serves, requesting the issuance of a certificate of dismissal as provided by this Act or alleging a violation of the good behavior standard of the United States Constitution. Authorizes the Council, upon a finding that the judge's conduct warrants such action, to: (1) request the judge to voluntarily retire; (2) certify disability; (3) recommend that, temporarily, no further cases be assigned to the judge; (4) privately or publicly censure or reprimand the judge; (5) recommend to the Judicial Conference of the United States that impeachment is warranted. Directs the Judicial Conference to review any such decision at the request of the judge subject to the action, and to: (1) dismiss the action; (2) recommend impeachment to the House of Representatives; (3) affirm or modify the recommendation; or (4) remand to the Council for further action. Authorizes any retired justice or any Federal judge in active, senior, or retired status to be temporarily assigned to the position of Administrative Assistant to the Chief Justice, Director of the Administrative Office of the United States Courts, or Director of the Federal Judicial Center, and to resume active service after vacating such office. Title II: Jurisdiction and Procedure - Authorizes a Court of Appeals to permit an interlocutory appeal from a district court decision (that is, a decision which is not final), after the judge refuses to recommend such appeal as provided for in current law, where the Court of Appeals determines that the appeal is required in the interests of justice and because of the extraordinary importance of the case. Directs the Federal court to transfer any action with respect to which it finds a want of jurisdiction to any other appropriate Federal court, if it is in the interests of justice. Revises the interest rate allowed on money judgments in district courts, and authorizes the court to add to the sum of actual damages prejudgment interest. Title III: Appellate Structure for Patent, Trademark, Customs, and Trade Appeals - Replaces the Court of Claims with the United States Claims Court, consisting of 16 judges serving 15-year terms. Sets forth rules governing the salaries, terms, assignment, expenses, and removal from office of such judges, and the administration of such court. Abolishes the Court of Customs and Patent Appeals. Establishes the United States Court of Appeals for the Federal Circuit, consisting of 12 judges (who shall be the judges of the Court of Claims and the Court of Customs and Patent Appeals on the effective date of this Act), composed of all Federal judicial districts, and having exclusive jurisdiction over: (1) patent, trademark, and unfair competition appeals from district courts; (2) claims against the United States, with specified exceptions; (3) appeals from the United States Claims Court; (4) other specified patent and trademark appeals; (5) appeals from final judgments of the United States Customs Court and interlocutory appeals under certain circumstances; and (6) certain other appeals with respect to the Federal Aviation Act, the International Trade Commission, the Secretary of Commerce, the Plant Variety Act, and the Merit Systems Protection Board. Gives the district courts original jurisdiction of Federal civil tax actions and certain other claims against the United States. Specifies the jurisdiction of the United States Claims Court, including any claim against the United States founded upon the Constitution, Act of Congress, or administrative regulation, except such Acts or regulations providing for internal revenue. Sets forth United States Claims Court procedures. Title IV: Tax Appellate Structure - Establishes the United States Court of Tax Appeals, consisting of 12 judges (who shall be designated by the Chief Justice from the circuit courts of appeals), composed of all Federal judicial circuits, and having exclusive jurisdiction over all Federal civil tax appeals. Title V: Technical and Conforming Amendments Outside of Title 28 Relating to the United States Court of Appeals for the Federal Circuit and the United States Court of Tax Appeals - Makes technical and conforming amendments. Title VI: Effective Date - Applies this Act to cases commenced on or after its effective date, which shall be 90 days after enactment.
United States · United States Congress · 15 March 1979
Urges (1) the International Whaling Commission to adopt a moratorium on the commercial killing of whales and (2) various countries to voluntarily comply with such moratorium.
United States · United States Congress · 14 March 1979
Expresses the gratitude of the Senate upon the retirement of the Honorable Clarence M. Mitchell, Junior, as chief legislative spokesman for the National Association for the Advancement of Colored People, and for his contributions to the establishment of justice and equality in America.
United States · United States Congress · 13 March 1979
Refugee Act of 1979 - Title I: Purpose - Declares the purpose of this Act to be to provide a permanent and systematic procedure for the admission to this country of refugees of special concern to the United States, and to provide comprehensive and uniform provisions for temporary and transitional assistance to those refugees who are admitted. Title II: Admission of Refugees - Amends the Immigration and Nationality Act to define "refugee" as any person who is outside his country of nationality (or in the case of a person having no nationality, is outside any country in which he last habitually resided), and who is unable or unwilling to return to such country because of persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Provides for up to 50,000 annual refugee admissions, with allocations to groups of refugees as determined by the President to be of special concern to the United States. Directs the President to report annually to the Judiciary Committees of the House and Senate regarding the forseeable numbers of refugees in need of resettlement during the coming fiscal year, and the anticipated allocation of such refugee admissions. Authorizes the President to exceed such 50,000 admissions level if the President, at the beginning of a fiscal year and after consultation with such Committees, determines it to be in the national interest or for humanitarian purposes. Provides that allocation for such additional refugees shall be made in the same manner as for the first 50,000. Authorizes the Attorney General to admit such refugees as permanent residents without first being admitted conditionally. Exempts such admissions from meeting certain other immigrant requirements (labor certification, public charge, immigrant visa, literacy, and foreign physicians). Provides that up to 5,000 of such 50,000 refugee admission entries may be used to adjust the status of alien refugees present in the United States to permanent resident status provided such person: (1) applies for the adjustment; (2) has been physically present in the United States for at least two years prior to such application; and (3) is a refugee not firmly resettled in any other foreign country. Exempts such persons from meeting other immigrant requirements (labor certification, public charge, immigrant visa, literacy, and foreign physicians). Permits spouses and children of refugees so adjusted to also have their status adjusted to that of permanent resident without the two year U.S. residency requirement. Permits such adjusted status refugees, upon a satisfactory showing to the Attorney General, to have the date of their admission as a permanent resident operate retroactively (up to two years) to the date they become refugees in the United States. Permits such procedure for the spouse and children of such refugees. Authorizes the President, after consultation with the Judiciary Committees of the House and Senate, to admit additional refugees in unforeseen emergency situations. States that such additional emergency refugee admissions will be allocated among groups or classes of refugees of special concern to the United States in accordance with a determination made by the President. Provides that such emergency refugees will be admitted conditionally. Permits the spouse and children of a refugee admitted for permanent residence or admitted conditionally under this Act to qualify for the same admission status as such refugee if not so entitled in their own right. Provides that the spouse or children will be charged against the same refugee admissions limitation as such refugee. Provides permanent resident status for any conditionally admitted refugee: (1) who has been present in the United States at least two years; (2) who has not acquired permanent resident status; and (3) whose conditional entry has not been terminated by the Attorney General. Provides that such permanent resident status shall be conferred without regard to certain other immigrant requirements (labor certification, public charge, immigrant visa, literacy, and foreign physicians), and shall operate retroactively to the date of such alien's arrival in the United States. Provides for the exclusion of such conditionally admitted refugees who are found to be inadmissible as permanent residents. Permits any alien eligible for retroactive resident alien status under this Act who has already been granted such status under other provisions of such Act that do not provide for retroactivity, to have his or her admission for permanent resident status recorded as of the date of entry as a refugee into the United States. Title III: Temporary and Transitional Assistance to Refugees - Amends the Migration and Refugee Assistance Act of 1962 to authorize appropriations when necessary for: (1) public or private voluntary agencies to aid in the placement, resettlement, and care of refugees; (2) programs to aid adult refugees in securing employment; (3) State and local agencies for projects to provide special educational services to refugee children in elementary and secondary schools; (4) child welfare services for two years after the arrival of a refugee child, or in the case of a child who enters the United States accompanied by a parent or other close relative, until age 18; and (5) income maintenance and medical assistance during the first two years (except for Cuban refugees who entered the United States before October 1, 1978) following a refugee's arrival in the United States, except that if a refugee is eligible for Aid to Families with Dependent Children or Medicaid assistance, funds under this Act would only be used for the non-Federal share of such assistance. Increases the authorized level of the Emergency Refugee and Migration Assistance Fund from $25,000,000 to $50,000,000. Title IV: Effective Date - Provides that this Act shall take effect as of October 1, 1979.
United States · United States Congress · 12 March 1979
Senate Election Reform Act of 1979 - Amends the Federal Election Campaign Act of 1971 to add a new Title V: Public Financing of Senate General Election Campaigns . Entitles candidates for the United States Senate meeting certain criteria and agreeing to comply with specified spending limits and reporting requirements to campaign payments on a matching basis. Requires such candidates to certify that: (1) their authorized committees will not make campaign expenditures in excess of certain limitations; (2) no contributions will be accepted by such candidates or their authorized committees in violation of this Act; (3) such candidates are seeking election to the United States Senate and have received contributions for that campaign in excess of a certain sum; and (4) at least two candidates have qualified for election to the same seat. Sets forth formulas for the determination of the amount of money to which a candidate is entitled. Stipulates that sums given by one contributor totalling over $100 shall be disregarded for purposes of matching payments. Sets spending limits for candidates receiving payments under this Act. Waives such limits for candidates whose opponents are not receiving matching payments and have spent sums in excess of the limit imposed for candidates receiving payments. Directs the Secretary of the Treasury to establish a separate Senate General Election Campaign Account in the Presidential Election Campaign Fund and to deposit certain sums in such account in accordance with specified guidelines. Requires repayment of excess payments and unexpended payments. Penalizes the use of funds for other than campaign purposes. Authorizes the Federal Election Commission to institute repayment actions in U.S. district courts. Specifies the administrative authority of the Commission in carrying out this Act.
United States · United States Congress · 8 March 1979
Clinical Laboratory Improvement Act of 1979 - Amends title III of the Public Health Service Act (General Powers and Duties of Public Health Service) to direct the Secretary of Health, Education, and Welfare to establish a system for the licensing of all clinical laboratories subject to national standards provided for under this Act. Prohibits a clinical laboratory subject to such standards from performing any tests or providing any services without a valid license. Sets forth circumstances under which the Secretary may suspend or revoke a laboratory's license. Directs the Secretary to promulgate national standards for clinical laboratories, designed to assure consistent performance of accurate and reliable tests and other procedures and services. Stipulates that such standards shall: (1) require clinical laboratories subject to the standards to maintain appropriate quality control programs; (2) require such laboratories to maintain records, equipment, and facilities necessary for effective operation; (3) include requirements for periodic proficiency testing of laboratories; (4) prescribe qualifications for directors, supervisors, and technical personnel employed in laboratories; and (5) include adequate provisions for the inspection of laboratories and the enforcement of standards. Provides that the standards may vary on the basis of the type of laboratory services provided or the purposes for which the services are performed. Directs the Secretary to develop: (1) job-related proficiency and practical examinations for clinical laboratory personnel; (2) mechanisms to assure the continued competence of such personnel; and (3) standards for the proficiency testing of clinical laboratories. Provides that the standards provisions relating to personnel qualifications shall not apply for a two-year period to certain clinical laboratories located in rural areas. Authorizes the Secretary to exempt from the national standards clinical laboratories which: (1) are operated by a licensed physician, dentist, or podiatrist, or a group of not more than five such practitioners, or in a rural health clinic, and in which only routine tests or procedures are performed, or in which more than routine tests or procedures are performed, if the laboratory successfully participates in an approved proficiency-testing program; (2) perform tests or procedures primarily for biomedical or behavioral research; or (3) perform tests or procedures only to assist insurers with respect to insurance contracts. Authorizes the Secretary to enter into agreements with: (1) qualified private nonprofit organizations to administer tests and make inspections as provided for under this Act; and (2) States to administer the licensure program provided in this Act under the Medicare program. Subjects Federal clinical laboratories under the jurisdiction of the Secretary to the national standards, with certain exceptions. Prohibits: (1) the solicitation or acceptance of specimens for laboratory tests or procedures by a clinical laboratory which is required to be licensed and which either does not have such a license or is not permitted under such license to perform the planned test or procedure; (2) misrepresentation with respect to the license application or conversion of an application to an unauthorized use; and (3) the solicitation or receipt, or the offer or payment, of any remuneration (including any kickback, bribe, or rebate) with respect to laboratory services. Authorizes the Secretary to enjoin the continuation of any activity by a clinical laboratory required to be licensed under this Act which constitutes a substantial risk to the public health. Prohibits an employer from taking action against an employee who has assisted or participated in an investigation of such employer pursuant to this Act. Establishes a procedure for investigating and correcting employers' retaliatory actions against employees. Requires the Secretary to designate a Director of Clinical Laboratories who shall be responsible for establishing a uniform regulatory policy with respect to laboratory provisions under this Act, the Food, Drug, and Cosmetic Act, and Medicare and Medicaid. Directs the Secretary to provide technical assistance to: (1) States to assist their laboratory enforcement capability; and (2) laboratories, including a training program for employees where deficiencies have been documented. Authorizes the Secretary to make grants and enter into contracts with public and nonprofit private entities for projects and studies on laboratory methodology and utilization. Authorizes appropriations of $10,000,000 for each of fiscal years 1981 through 1983 for these purposes. Directs the Secretary to report annually to Congress with respect to the accuracy and costs of laboratory tests and procedures during the previous fiscal year. Directs the Secretary to conduct studies of: (1) existing voluntary certification standards and State licensure laws for laboratory personnel; (2) qualifications of entities that certify such personnel; (3) existing and proposed public and private mechanisms to determine the continued competence of such personnel; (4) existing laboratory proficiency testing methods; and (5) the relationship of requirements for such personnel and of clinical laboratory proficiency testing requirements with clinical laboratory performance. Specifies analyses to be included in such studies, and directs the Secretary to report to Congress on the results of the studies. Requires the Secretary to reimburse to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund any amount expended from such funds with respect to the licensing of non-Medicare laboratories. Repeals the Clinical Laboratory Improvement Act of 1967. Directs the Secretary to report to Congress with respect to the exemption of laboratories from the standards under this Act. Amends title XVIII (Medicare) of the Social Security Act to require all clinical laboratories to be licensed under this Act as a condition for Medicare certification. Sets forth requirements with respect to payment for laboratory tests under Medicare. Stipulates that pathology services shall be considered "physicians' services" to patients for purposes of reimbursement under Medicare only where the physician personally performs or directs such services. Revises the term "medical and other health services" with respect to certain services furnished to inpatients of a provider of services. Disallows charges for physicians' services which are related to a hospital's income or receipts to the extent that they exceed a reasonable salary or fee paid for the service actually performed plus costs. Disallows reimbursement to a hospital for the reasonable costs of services furnished by a physician under an arrangement with the hospital or medical school to the extent that the payment exceeds an amount equal to the salary which would reasonably have been paid for the services if the physician had performed such services in an employment relationship with such hospital.
United States · United States Congress · 8 March 1979
Amends the Act establishing the Indians Dunes National Lakeshore to dedicate such lakeshore to the memory of Paul H. Douglas. Directs the Secretary of the Interior to designate the West Beach unit as the "Paul H. Douglas Ecological and Recreation Area." Authorizes the design and construction of a structure, or the designation of an existing structure, to be known as the "Paul H. Douglas Center for Environmental Education. Suspends the Secretary's authority to acquire improved property within the boundaries of the lakeshore by condemnation where a valid zoning ordinance applicable to such property and approved by the Secretary exists. Directs the Secretary to issue regulations setting forth standards for such approval. Increases the authorization of appropriations for acquisition of lands and for development of such lakeshore. Directs the Secretary to prepare and submit specified reports and studies relating to acquisition of lands and public access with respect to such lakeshore. Establishes the Indiana Dunes National Lakeshore Communities Council.
United States · United States Congress · 8 March 1979
Small and Independent Business Protection Act of 1979 - Prohibits mergers, consolidations, and direct or indirect stock acquisitions sufficient to effectuate a transfer of control between legal entities if: (1) each entity has assets or sales exceeding $350,000,000; or (2) one entity has assets or sales exceeding $350,000,000 and the other entity has 20 percent or more of the sales during the calendar year immediately preceding the acquisition in any line or commerce with annual sales exceeding $100,000,000 in any section of the country. Establishes the following affirmative defenses in actions based on such prohibited transactions: (1) the transaction will have the preponderant effect of substantially enhancing competition; (2) the transaction will result in substantial efficiencies, including economies of scale in manufacturing, marketing, distribution, or research and development; or (3) within one year preceding or succeeding the transaction, the parties shall have divested one or more viable business units with assets and revenues equal to or greater than the assets and revenues of the smaller party to the transaction. Precludes the use of any such affirmative defense if: (1) one of the parties to the transaction has within the preceding year been a party to another prohibited transaction; or (2) each of the entities involved in the transaction has assets or sales exceeding $2,000,000,000. Authorizes the Attorney General of the United States and the Federal Trade Commission to enforce this Act. Directs the Attorney General and the Commission to establish procedures to enable parties to obtain a binding determination that a proposed transaction falls within the terms of any of the affirmative defenses. Empowers the courts to grant injunctive relief to private parties under the terms and conditions prescribed by the Clayton Act.
United States · United States Congress · 7 March 1979
Women in Science and Technology Equal Opportunity Act - Title I: Statement of Findings, Purpose, and Policy - Sets forth the findings of Congress with respect to the employment of women in science and technological fields. Declares it the purpose of this Act to encourage the full participation of women in scientific, professional, and technical fields. Declares it the policy of the United States to assure equal opportunity for women in education, training, and employment in scientific and technical fields. Sets guidelines for activities carried out pursuant to this Act. Title II: Education - Directs the National Science Foundation to support activities to strengthen elementary and secondary school programs in science and mathematics to involve female students in such areas. Stipulates the areas which such support programs are to emphasize. Requires application to the Director of the National Science Foundation for grant and contract assistance for such programs. Directs the National Science Foundation to support programs in institutions of higher education to increase the participation of women in scientific and technical studies, training and fellowship opportunities, and careers. Stipulates the areas which such support programs are to emphasize. Requires application to the Director of the National Science Foundation for grant and contract assistance for such programs. Authorizes the Director of the National Science Foundation to determine the amount of training and fellowship stipends awarded under this title. Directs the National Science Foundation to initiate a program of continuing education in science and engineering providing opportunities to women. Authorizes the Director of the National Science Foundation to make grants to institutions of higher education, other academic institutions, nonprofit organizations, and private business firms to develop courses and curricula for such continuing education programs. Authorizes the Director to allocate continuing education fellowships under this title. Directs the Director to require programs under this title to develop and utilize standardized evaluation tools to determine the impact of authorized programs. Authorizes the Director to furnish technical assistance to the development of activities authorized by this title. Title III: Public Understanding - Directs the National Science Foundation to establish a Clearinghouse on Women in Science to collect and disseminate to the public information concerning activities which encourage the participation of women in science and technology. Requires the Clearinghouse to coordinate its activities with existing public and private efforts. Directs the National Science Foundation to conduct a research program to increase understanding of the potential contribution of women in these fields and to facilitate the participation and advancement of women in science and technology careers. Directs the Foundation to support projects to improve information concerning the importance of women in science and technology through the media. Specifies the factors to be used in determining funding priorities for such projects. Requires the Foundation to identify books and instructional materials: (1) to encourage girls and young women to study science and mathematics; (2) to pursue careers in science and technology; (3) to stress the importance of equal opportunity in science and technology; and (4) to emphasize the importance of mathematical and scientific skills in a wide range of programs. Authorizes the Foundation to support the development of books and instructional materials which support these goals. Directs the Foundation to support community outreach activities to attract substantial numbers of women to such careers. Requires the Foundation to make grants to nonprofit organizations which sponsor community activities to enable such organizations to include programs related to science and mathematics. Directs the Foundation to make grants to museums and science centers to encourage women to study such fields, to enter such careers, and to stress the importance of equal opportunity for women in science and technology. Establishes the President's Committee for Equal Opportunity in Science Awards to recommend to the President recipients of the annual Distinguished Achievement in the Advancement of Women in Science Award, also established by this Act. Authorizes the Director of the National Science Foundation to award annually the Mathematics and Science Incentive Awards, established by this Act, to schools which demonstrate over a three year period a substantial increase in the enrollment of women and girls in mathematics and science courses. Establishes the visiting women scientists program to enable women scientists to visit secondary schools and institutions of higher education to encourage girls and women to consider careers in these fields. Requires the Director of the Foundation to select women to be visiting women scientists. Title IV: Equal Employment Opportunity - Directs the head of each Federal agency, national laboratory, and federally funded research and development center which supports research and development in science and technology, to: (1) prevent discrimination against women in science and technology; (2) increase opportunities for the employment and advancement of women in these fields; and (3) encourage the participation of minority and physically handicapped women in science and technology careers. Requires a reduction, according to a specified formula, in the amount of Federal support for research and development in science and technology received by institutions employing on a percentage basis an insufficient number of women as set forth in this Act. Authorizes the Foundation to make grants for legal assistance to alleviate discrimination against women in scientific and technical fields. Requires the head of each Federal agency which provides financial assistance for research and development in science and technology of at least $30,000,000 in any fiscal year, the head of each national laboratory, and of federally funded research and development centers, to report annually to Congress concerning the employment status of women in such organizations. Requires the Director of the Foundation to assess the participation and status of women in all disciplines and job categories of scientific and technological fields in the public sector, private enterprise, and academic institutions and to disseminate annually a public report. Directs the Office of Personnel Management to include in its training program for Federal officials information concerning the employment and encouragement of women in science and technology. Directs the Director of the Office of Personnel Management to include in existing registers women qualified for and seeking scientific and technological positions, and to circulate such registers to each Federal agency, national laboratory, and federally funded research and development center. Directs the National Science Foundation to make grants: (1) to encourage the employment and advancement of women in science and technology through flexible work schedules, and other work- related arrangements and (2) for the establishment of visiting professorships for women in science at eligible academic institutions. Title V: General Provisions - Specifies the authority of the Foundation to carry out this Act.
United States · United States Congress · 7 March 1979
Hospital Cost Containment Act of 1979 - Directs the Secretary of Health, Education, and Welfare to promulgate annually, beginning January, 1980: (1) a national voluntary percentage limit on hospital expenses; and (2) a voluntary percentage limit on hospital expenses for each State. Specifies the formulas for calculating such limits. Includes as factors for determining the national limit: (1) the average wage increase paid to employees (excluding supervisors and doctors of medicine or osteopathy) of hospitals in the United States; (2) the average price increase in the U.S. paid in appropriate classes of goods and services (to be determined by the Secretary); (3) the percent of hospital expenses attributable to such wage and price increases; (4) the annual increase in the national population; and (5) a one percent allowance for the net increase in hospital service intensity. Includes these factors in the formula for determining the State limits, except bases the average wage increase on employees of hospitals in each State and utilizes the population increase in each State. Directs the Secretary to promulgate annually, beginning January 1980, a voluntary percentage limit for each hospital for the hospital's accounting period ending in 1979. Specifies the formula for calculating such limit. Directs the Secretary to promulgate annually, beginning January, 1981, a voluntary percentage limit for each hospital not subject to a mandatory limit under this Act for the hospital's accounting period ending in the preceding year. Specifies the formula for calculating such limit. Directs the Secretary to determine or estimate before July 1, 1980, and before July 1 of each succeeding year: (1) the difference in dollars between (A) the percentage increase in the expenses of each hospital not subject to a mandatory limit under this Act in the preceding year, and (B) the voluntary percentage limit for the hospital for the accounting period; and (2) the sum of such differences. Provides that: (1) if such sum is zero or less, no hospital shall be subject to a mandatory limit under this Act for its accounting period ending the year; or (2) if such sum is greater than zero, then the Secretary shall determine the sum of the differences in each relevant State. Defines "relevant State" for such purposes. Provides that: (1) if this sum is zero or less in a particular State, no hospital in that State shall be subject to a mandatory limit under this Act for its accounting period ending in the year; or (2) every hospital, for each accounting period beginning after January 1, 1979, and for each succeeding accounting period, shall be subject to a mandatory limit as prescribed by this Act, unless such hospital is otherwise exempted by this Act. Requires the Secretary to exclude the hospitals in a particular State from such mandatory limits at the request of the chief executive of any State, under specified conditions. Authorizes the Secretary to exempt a hospital from such mandatory limit upon a determination that such exemption is necessary to facilitate certain experiments or demonstrations entered into under specified laws. Specifies: (1) the formula for calculating mandatory limits; and (2) the circumstances under which the average reimbursement payable to a hospital by a cost payer per admission, and the average inpatient charges per admission of a hospital, for any accounting period of the hospital subject to a mandatory limit, exceed such limit. Directs the Secretary, in calculating such mandatory limits, to develop: (1) a system of grouping hospitals by appropriate characteristics, such as patient case mix and metropolitan or nonmetropolitan setting; and (2) a method of measuring efficiency within each group that provides for setting a group norm defined in terms of all or certain hospital expenses. Requires the Secretary to assign to each hospital in a group a percentage bonus or penalty related to the extent to which a hospital's expenses differ from the group norm, according to a specified formula. Allows the Secretary to make further adjustments to such percentage bonus or penalty in order to allow for changes in admissions or other factors warranting special consideration. Sets for procedures by which a hospital may request the Secretary to exercise such discretion. Prohibits the reimbursement for inpatient hospital services provided under Medicare (title XVIII of the Social Security Act) to the extent that it exceeds the applicable mandatory limits established under this Act or under a State mandatory hospital cost containment program of a State whose hospitals have been excluded under this Act. Provides that: (1) payment shall not be made to any State; and (2) payment shall not be required to be made by any State under title V (Maternal and Child Health and Crippled Children's Services) or title XIX (Medicaid) of the Social Security Act with respect to any amount paid for inpatient hospital services in excess of the applicable mandatory limits established under this Act. Amends the Internal Revenue Code to impose on a hospital an excise tax equal to 150 percent of the amount of excess reimbursement which such hospital has with respect to a cost payer for an accounting period subject to a mandatory limit. Imposes such tax on a private cost payer, if a hospital has such excess reimbursement with respect to such payer. Imposes on a hospital which has excess inpatient charges for an accounting period subject to a mandatory limit, an excise tax equal to the product of 150 percent of the amount of excess inpatient charges of the hospital for the accounting period, and the fraction of such charges not attributable to cost payers. Sets forth procedures for the payment of such taxes, or for the deferral and abatement of such taxes, if a hospital has an escrow account approved by the Secretary. Authorizes the Secretary to exclude from participation in Medicare, Medicaid, or the Maternal and Child Health and Crippled Children's Services program a hospital which changes its admission practices in a manner that tends to reduce the proportion of inpatients for whom reimbursement is less than the anticipated inpatient charges applicable to them. Establishes a 15-member, part-time National Commission on Hospital Cost Containment to advise the Secretary with respect to the implementation of this Act, and other matters affecting hospital expenses or revenues.
United States · United States Congress · 5 March 1979
Health Planning Amendments of 1979 - Title I: Revision and Extension of National Health Planning and Development Authority - Amends title XV of the Public Health Service Act (National Health Planning and Development) to increase from 15 to 20 the membership of the National Council on Health Planning and Development. Increases from five to eight the minimum number of Council members who must be consumers, including members of urban and rural medical underserved populations. Permits the Governor of any State which comprises part of an interstate health service area to request that such area contain only part of a standard metropolitan statistical area, without the concurrence of the Governors of the other States which are part of such area, as required under current law. Requires that the national guidelines for health planning issued by the Secretary of Health, Education, and Welfare include standards which reflect the unique circumstances and needs of medical underserved populations including isolated rural communities. Revises the procedures for the redesignation of health service area boundaries. Directs the Secretary to review such boundaries on his own initiative, or at the request of any Governor or health systems agency (HSA), and provides that they may be redesignated if the boundaries of the proposed health service area meet the current requirements in a significantly more appropriate manner. Provides that no proposed revision of a health service area shall comprise an entire State without the prior consent of the Governor. Directs the Secretary to establish by January 1, 1980, criteria for revision of health service area boundaries. Eliminates the provision which gives priority for designation of health service areas which formerly had an area wide Comprehensive Health Planning Agency under previous health planning authority. Requires each health systems agency (HSA) and each Statewide Health Coordinating Council (SHCC) to adopt procedures in accordance with regulations promulgated by the Secretary to insure that no conflicts of interest exist with respect to their members, employees, consultants, or agents. Requires HSA staff to have expertise in mental health planning and resources, financial and economic analysis, and public health and disease prevention. Provides that at least one member of such staff shall be responsible for assisting the consumer members of the HSA governing body. Directs each HSA to establish and make public a process for the selection of the members of its governing body and any subarea advisory councils, which assures: (1) selection in accordance with concurrent composition requirements; and (2) the opportunity for, and encouragement of, broad participation of the residents of the health service area. Requires such process to prohibit the selection of members by other members of such body or councils. Provides that an HSA that is a public regional planning body or local government unit is not required to delegate to a separate governing body for health planning the exclusive authority to perform certain functions. Revises the requirements for the membership of HSA governing bodies with respect to government representatives. Authorizes such bodies to make advances to HSA members for reasonable expenses incurred in the performance of HSA duties. Excepts from the current requirement that HSA governing body meetings be public, meetings dealing with HSA employees which, if public, would be an unwarranted invasion of such employee's privacy. Extends similar scope of protection to HSA personnel records and data and to employees of State health planning and development agencies. Eliminates the current provision that consumers on HSA governing bodies cannot have been health care providers within the 12 months preceding appointment. Permits providers whose principal place of business is in an HSA area to be members of such HSA's governing body. Adds "non-professional health workers" and "other providers of health and mental health care" as additional provider categories with respect to HSA governing body composition. Requires that subcommittees or advisory groups of HSA boards have a consumer majority. Provides that no member, employee, consultant, or agent of a HSA or SHCC shall be personally liable for damages under any Federal or State law if such individual could have reasonably believed that he was acting in an official capacity and acted without gross negligence or malice. Requires any executive committee of a HSA, subarea advisory council, or other entities appointed under a HSA to conduct its business in public, give adequate notice of its meetings, and make its records available, upon request, to the public. Adds to the material to be included in the health systems plan (HSP) of an HSA a description of specified institutional and non-institutional health services and the extent to which facilities and equipment need to be modernized, converted to new uses, constructed, or acquired. Requires that the State health plan prepared by the Statewide Health Coordinating Council (SHCC) contain similar information and be coordinated with State health plans developed pursuant to certain other Federal laws. Requires certificate of need decisions to be consistent with the State health plan, except in emergency circumstances posing a threat to public health. Requires that the State health plan prepared by the SHCC have the concurrence of the Governor. Prohibits the Secretary from making any grant to a State health planning and development agency (State Agency) which does not have a State health plan in effect. Applies procedures for public comment on proposed health systems plans (HSPs) of an HSA to the annual review and amendment of HSPS. Requires that the same such procedures be used with respect to the annual implementation plans (AIPs) which describe objectives and priorities in achieving HSP goals. Stipulates that HSPs shall: (1) include identifiable alcohol abuse, drug abuse, and mental health components; and (2) address specifically the needs of all medically underserved populations in the HSA. Eliminates the requirement that the HSP of an HSA be consistent with the national guidelines issued by the Secretary, but requires the HSA to submit to the State Agency, the SHCC, and the Secretary a detailed statement of reasons for any inconsistencies between its HSP and AIP and such guidelines. Directs, rather than allows, HSAs to provide technical assistance in obtaining and filling out necessary forms to applicants applying for projects to achieve the HSP. Allows grants made by an HSA for planning and developing projects to be used in a period succeeding that for which it was granted without being deducted from the subsequent grant award. Requires each HSA to coordinate its activities with entities which review rates and budgets of health care facilities in the health service area and with appropriate agencies on aging, local and regional alcohol abuse, drug abuse, and mental health planning agencies. Directs, rather than allows, the Secretary to provide technical assistance to entities which have the potential to become HSAs. Eliminates the provision giving priority for HSA designation to agencies and regional medical programs formerly authorized under certain other titles of the Public Health Service Act. Extends from one to three years the period of the designation and redesignation of an HSA. Revises the procedures for the designation and termination of health systems agencies, including requiring the Secretary to: (1) give priority to an application for HSA designation which has been recommended by the Governor or the Statewide Health Coordinating Council; (2) permit the appropriate State Agency and the SHCC to comment on the performance of an HSA before its designation is renewed; (3) consult with the Governor and the SHCC before terminating an HSA's designation. Authorizes the Secretary to terminate a designation agreement for an HSA whose performance is unsatisfactory. Increases the minimum planning grants to HSAs, and authorizes appropriations for such purpose. Extends eligibility for Federal matching of non-Federal contributions to minimally-funded HSAs. Extends from one to three years the period of the designation of a State health planning and development agency (State Agency). Authorizes the Secretary to terminate such designation (or return such Agency to a conditionally designated status for no more than one year), if the Secretary determines upon an appropriate review that such Agency's performance is unsatisfactory. Reduces by 25 percent per year for each year in which a State has not designated a State Agency, the amount of any allotment, grant, loan, or loan guarantee which has been committed to the State under this Act, the Community Mental Health Centers Act, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 for the development of health resources. Provides for judicial review of a final decision rendered by a State Agency under a certificate of need or appropriateness review, and requires affirmance of the State Agency's decision unless it is arbitrary, capricious, or was made not in conformity with applicable law. Requires a State Agency to provide technical assistance in obtaining and filling out the necessary forms to individuals and public and private entities for the development of projects and programs. Directs the appropriate authorities to prepare alcohol abuse, drug abuse, and mental health components to be included in the preliminary State health plan. Requires a State certificate of need program to: (1) be consistent with standards established by the Secretary by regulation; (2) provide for enforcement procedures and penalties; (3) provide for periodic review of certificates which have already been issued in order to monitor the progress of the service or facility; (4) provide for the withdrawal of any such certificate where substantial progress is not being made; and (5) provide for review and determination of need prior to the acquisition of diagnostic or therapeutic equipment under specified circumstances. Prohibits such program from reviewing and determining the need of health maintenance organization (HMO) services except for new institutional health services of hospitals controlled directly or indirectly by HMOs and diagnostic or therapeutic equipment of HMOs. Requires the issuance of certificates to be based solely on the record established in administrative and judicial proceedings. Directs the Statewide Health Coordinating Council (SHCC) to establish in consultation with the health systems agencies (HSAs) and the State Agency a uniform format for health system plans (HSPs) and annual implementation plans (AIPs). Provides for ex officio representation of the Veterans' Administration on the SHCC when the State has at least one VA facility, instead of two facilities as currently provided. Requires members of the SHCC who are consumers to include individuals from rural and urban medical underserved populations which exist in the State. Authorizes appropriations through fiscal year 1982 for grants to State health planning and development agencies. Extends authorization of appropriations for grants for State rate regulation experiments. Stipulates that an individual shall not be considered an indirect provider of health care (and for this reason a direct provider of health care under current law) solely because such person is a member of a governing board of an entity engaged in the provision of, or research or instruction in, health care, or in the production of drugs. Redefines "institutional health services" for purposes of title XV of the Public Health Service Act (National Health Planning and Development) to mean: (1) health services entailing annual operating costs of $50,000 or more which are provided through health care facilities as defined in regulations by the Secretary; and (2) diagnostic or therapeutic equipment valued in excess of $150,000 at time of acquisition and used in the delivery of health care services. Revises procedures and criteria for reviews, including reviews of certificate of need applications and appropriateness of services, by HSAs and State Agencies. Adds to the existing criteria the quality of care provided in the past by existing services or facilities, and the extent to which proposed services will be accessible to all the residents of the area to be served. Establishes criteria under which the certificate of need applications of HMOs are to be reviewed and approved. Extends and increases the authorization of appropriations for grants for planning and developing new centers for health planning. Directs the Secretary in reviewing an HSA and State Agency to consider the comments submitted by any interested person. Provides for Indian self-determination as related to health planning. Defines "health maintenance organization", "medical underserved population", and "rehabilitation facility" for purposes of this Act. Stipulates that the "healthful environment" which an HSA is directed in current law to describe in a detailed statement of goals means primarily with respect to health care equipment, and health services provided by health care institutions, facilities, and other providers and resources. Title II: Revision and Extension of Health Resources Development Authority - Amends title XVI of the Public Health Service Act (Health Resources Development) to require the Governor of a State, as well as the Statewide Health Coordinating Council (SHCC), to approve any State medical facilities plan. Provides that the Secretary make funds appropriated but unexpended for allotments in fiscal year 1976 available for special project grants for public hospitals with safety hazards or accreditation problems. Extends and increases the authorization of appropriations for project grants through fiscal year 1982. Extends the authorization of appropriations through fiscal year 1982 for: (1) loan and loan guarantee fund providing loans for medical facilities; and (2) Area Health Services Development Funds (established to enable HSAs to make planning grants). Directs the Secretary to establish a program of financial assistance to encourage the voluntary consolidation of duplicative hospital services and the discontinuance of unneeded hospital inpatient services. Allows any hospital in operation on the date of enactment and which intends to: (1) discontinue providing inpatient health services; (2) discontinue an identifiable unit of the hospital which provides inpatient services; or (3) convert part of the hospital into providing ambulatory care services, long term care services, or any other service designated by the Secretary, to apply for a debt payment, an incentive payment, or a conversion payment, as appropriate. Specifies the authorized uses of the incentive payment. Specifies application procedures and formulas for determining the amounts of such payments. Directs a HSA and a State Agency, in determining the need for the service proposed to be discontinued under such program, to give special consideration to unmet needs and existing access patterns of urban or rural poverty populations. Requires the Secretary of Labor to certify that fair and equitable arrangements have been made to protect the interests of employees affected by the discontinuance of such services before payments can be made. Authorizes appropriations through fiscal year 1982 for the purpose of making payments under such program. Directs the Secretary of Health, Education, and Welfare to study the first 25 applications for assistance under such program to determine their effect on the elimination of unneeded hospital services and to report the results of such study to Congress. Title III: Miscellaneous Amendments - Repeals title IX of the Public Health Service Act (Education, Research, Training, and Demonstrations in the Fields of Heart Disease, Cancer, Stroke, Kidney Disease, and Other Related Diseases).
United States · United States Congress · 1 March 1979
Fair Housing Amendments Act of 1979 - Amends Title VII of the Civil Rights Act of 1968 (the Fair Housing Act) to exempt only the renting of space within a single family dwelling unit by the occupant of such unit to any other person from the prohibitions against discrimination in the sale or rental of housing. Prohibits insurers against hazards from discriminating in housing insurance contracts. Includes the handicapped within the groups that may not be discriminated against in housing. Prohibits discrimination in housing finance because of the national origins of people residing in the vicinity of the dwelling involved. Prohibits discrimination in the buying of debts secured by real property. Includes Federal agencies having regulatory authority over financial institutions within the administrative authority of the Secretary of Housing and Urban Development. Revises the procedures for enforcing the fair housing antidiscrimination provisions of the Act. Permits the Secretary of enforce the provisions upon receiving a charge filed by an aggrieved party within one year after the alleged discrimination occurred or upon the Secretary's initiative. Permits the Secretary to refer charges to certified State or local agencies for action. Directs the Secretary and other Federal agencies to cooperate and avoid duplication of their efforts. Authorizes the Secretary to order preliminary relief in certain circumstances. Sets forth the procedures to be followed when the Secretary has an administrative hearing on a complaint. Permits aggrieved individuals to commence civil actions within three years of the alleged discriminatory practice. Prohibits proceedings by both the Secretary and the aggrieved individual. Authorizes the Attorney General (1) to intervene in an aggrieved individual's civil action and (2) to commence a civil action (A) against a person engaged in a pattern or practice of resistance to these provisions or (B) to enforce the Secretary's findings or orders. Permits the aggrieved individual to intervene in an action commenced by the Attorney General. Allows prevailing parties reasonable attorney fees. Grants exclusive jurisdiction to the court of appeals to determine the validity of the Secretary's final orders under this Act.
United States · United States Congress · 1 March 1979
Grants the Court of Claims jurisdiction over claims against the United States for certain losses sustained by producers, processors, manufacturers, distributors, dealers, or other persons resulting from the ban on apparel, fabric, yarn, or fiber containing Tris phosphate. Directs such court to consider certain factors in determining the validity of such claims. Prohibits the inclusion of lost profits, proceeds from distress sales, attorney's fees, or interest on any such loss in determining the amount of losses for which such claims are brought. Sets forth the measure of losses for specified types of claimants.
United States · United States Congress · 1 March 1979
National Science Foundation Authorization Act for Fiscal years 1980 and 1981 - Authorizes appropriations for activities of the National Science Foundation for fiscal year 1980, including the following categories: (1) mathematical and physical sciences and engineering; (2) astronomical, atmospheric, earth and ocean sciences; (3) United States Antarctic Program; (4) biological behavioral, and social sciences; (5) science education programs; (6) applied science and research applications; (7) scientific, technological, and international affairs; and (8) program development and management. Authorizes appropriations as necessary to the National Science Foundation for fiscal year 1981. Limits the transfer of funds from one category to another.
United States · United States Congress · 26 February 1979
Emergency Medical Services Systems Amendments of 1979 - Amends title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) and title XII (Emergency Medical Services Systems) of the Public Health Service Act to extend authorization of appropriations for assistance for: (1) emergency medical service systems (including grants for planning, initial operation, and expansion and improvement) in the following amounts: $40,000,000 for fiscal year 1980, $43,000,000 for fiscal year 1981, and $46,000,000 for fiscal year 1982; (2) research in emergency medical services in the following amounts: $3,200,000 for fiscal year 1980, $3,500,000 for fiscal year 1981, and $3,800,000 for fiscal year 1982; (3) programs relating to burn injuries in the amount of $3,000,000 for each of fiscal years 1980 through 1982; and (4) training in emergency medical services in the amount of $10,000,000 (the current level) for each of fiscal years 1980 through 1982.
United States · United States Congress · 26 February 1979
Establishes the Frederick Law Olmsted National Historic Site through the acquisition of the former home and office of Frederick Law Olmsted in Brookline, Massachusetts. Directs the Secretary of the Interior to administer such property.
United States · United States Congress · 22 February 1979
Equal Employment Opportunity for the Handicapped Act of 1979 - Amends the Civil Rights Act of 1964 to include discrimination of the handicapped as an unlawful employment practice. Permits such discrimination pursuant to a bona fide seniority or merit system or as a bona fide occupational qualification. Authorizes courts to order the hiring or reinstatement or paying of back pay to anyone discriminated against on the basis of their handicap. Prohibits discrimination in Federal employment of the handicapped. Authorizes civil actions for such discrimination.
United States · United States Congress · 9 February 1979
University and Small Business Patent Procedures Act - States that it is the objective of this Act to amend existing patent procedures in order to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Permits Federal agencies which have supported such projects to retain title to inventions through their funding agreements in specified circumstances. Requires review of agency determinations that such circumstances exist by the Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration. Directs the Comptroller General to report to Congress on the implementation of this Act by Federal agencies. Enumerates provisions which must be included in funding agreements between a Federal agency and a small business firm or nonprofit organization including provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an organization from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assigns to grant licenses in order to: (1) achieve practical application of the invention in its field of uses; (2) alleviate health or safety needs; (3) meet requirements for public use specified by Federal regulations; or (4) achieve participation by United States industry in the manufacture of an invention. Entitles the government to collect up to 50 percent of all net income above specified amounts received by a patent holder until government research funds have been repaid. Restricts the assignment and licensing of rights by patent holders to foreign owned or controlled firms unless such persons agree that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. Authorizes Federal agencies to withhold information on inventions from public disclosure. Specifies the authority of Federal agencies with respect to obtaining patents, promoting licensing of inventions, granting licenses, conducting market surveys, transferring custody of patents, and receiving funds. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Authorizes the Secretary of Commerce to coordinate a program for assisting Federal agencies in protecting and licensing federally-owned inventions. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Prohibits licensing which lessens competition. Directs that small business firms be given preference in exclusive or partially exclusive licensing. Enumerates provisions which must be contained in any grant of a license by a Federal agency. Declares that this Act shall take precedence over any other Act in the disposition of inventions.
United States · United States Congress · 9 February 1979
Dispute Resolution Act - Directs the Attorney General to establish in the Department of Justice the Dispute Resolution Program, including the Dispute Resolution Resource Center. Includes among the functions of the Center: (1) serving as an information clearinghouse for dispute resolution information; (2) providing technical assistance to State and local governments; (3) conducting research with respect to dispute resolution; (4) surveying existing dispute resolution mechanisms; and (5) identifying the types of minor civil disputes which are amenable to informal resolution. Authorizes the Attorney General to provide financial assistance to State and local governments and nonprofit organizations for improving existing dispute resolution mechanisms or establishing new mechanisms. Specifies the purposes for which such assistance may be used, including a prohibition against the use of such funds for attorneys' fees. Directs the Attorney General to submit annually to Congress a report with respect to the administration of this Act. Directs the Federal Trade Commission to hire and treat employees on the basis of individual merit, without regard to race, color, sex, religion, or national origin.
United States · United States Congress · 8 February 1979
Antitrust Procedural Improvements Act of 1979 - Amends the Antitrust Civil Process Act to authorize the Attorney General or the Assistant Attorney General in charge of the Antitrust Division to issue civil investigative demands for depositions, interrogatories, documents, and other specified items produced during the discovery phase of private lawsuits and other proceedings. Sets forth procedures for the issuance and return of such demands. Declares that such demands supercede any inconsistent protective order, rule, or provision of law restraining disclosure of products of discovery. Stipulates that any disclosure made pursuant to such a demand shall not constitute a waiver of privilege. Permits any person retained or consulted by the Department of Justice in connection with the enforcement of the antitrust laws to examine documentary material obtained pursuant to an investigative demand. Establishes procedures to enable any person to challenge an investigative demand for products of discovery. Subjects any attorney or other person engaging in unreasonable dilatory conduct to personal liability for any resulting excess costs, expenses, and attorney's fees. Makes an unsuccessful defendant in an antitrust damage suit liable for interest at the prevailing commercial rate on the plaintiff's actual damages from the date of service of the complaint to the date of judgment. Empowers the courts to reduce or deny an award of such interest if justice requires. Amends the Clayton Act to give judgments in antitrust actions brought by the United States collateral estoppel effect in subsequent litigation. Empowers the Department of Justice to contest mergers indirectly affecting commerce.
United States · United States Congress · 7 February 1979
Court-Annexed Arbitration Act of 1979 - Directs a United States district court which has authorized by rule the use of arbitration under this Act to refer to arbitration any civil action pending before it if: (1) the parties consent to arbitration; or (2)(A) the action is based on a negotiable instrument or contract or is for personal injury or property damage, and (B) the relief sought is money damages not exceeding $100,000 (or a lesser amount which the court may set). Authorizes a court to except from arbitration, for good cause, individual cases which would otherwise be referred. Excludes from arbitration: (1) constitutional rights cases; (2) certain actions brought by the United States or against officials or employees of the United States for acts performed by such individuals acting within the outer perimeter of their official duties; and (3) certain civil rights actions. Authorizes district courts to certify and establish the amount of compensation for arbitrators. Sets forth arbitration procedures. Allows an arbitrator to admit any relevant and trustworthy evidence, with the Federal Rules of Evidence as a guide to admissibility. Provides that an arbitration award judgment shall have the same force and effect as a court judgment, except it shall not be appealable. Allows any party to demand a new trial in the district court within 30 days after the filing of the arbitration award with the court. Authorizes the court in such cases to allow the arbitrator's fees to be taxed as costs. Provides for the repeal of this Act effective five years from the date of enactment.
United States · United States Congress · 7 February 1979
Competition Improvements Act of 1979 - Prohibits Federal agencies from taking action which tends to lessen competition except in specified circumstances. Authorizes the Attorney General and the Federal Trade Commission to advise the agencies on the validity of exceptions to this Act. Requires each independent regulatory agency to devise procedures whereby the Attorney General will receive timely and adequate notice of important agency actions which may have a significant impact on competition. Places the burden of proof upon the agency to establish by substantial evidence that it has complied with the standard asserted in this Act in any proceeding for judicial review of such agency's order. Requires Federal departments and agencies to insure the integration antitrust law and policy in all activities which may have an impact on competition. Requires each Federal department and agency to review its statutory authority, administrative regulations, policies, practices and procedures to determine whether they contain any deficiencies or inconsistencies which may prevent full compliance with the purpose of this Act. Requires the departments and agencies to recommend such measures to the President and to the Congress, as may be necessary, to carry out the purposes of this Act. Directs the Federal Trade Commission to report annually to the President and to Congress on the degree to which Federal agencies have complied with the purposes of this Act.
United States · United States Congress · 1 February 1979
Directs the President to inform Congress of any dangers to Taiwan. Declares the policy of the United States to safeguard its interests and meet any dangers to Taiwan.
United States · United States Congress · 1 February 1979
Disapproves the proposed deferral of budget authority deferral D79-6 to promote and develop fishery products and research pertaining to American fisheries, as transmitted by the President to the Congress on October 2, 1978, pursuant to the Impoundment Control Act of 1974.
United States · United States Congress · 1 February 1979
Authorizes additional expenditures by the Senate Committee on the Judiciary for inquiries and investigations from March 1, 1979, through February 28, 1980, not to exceed $4,835,900.
United States · United States Congress · 31 January 1979
Reform of Federal Regulation Act of 1979 - Title I: The Analysis, Planning and Management of Regulatory Functions - Requires each Federal agency to publish for each proposed major rule, as such rule is defined in this Act, an initial regulatory analysis which describes the need for the rule, at least two available alternative approaches, and a description of the economic and social effects of the proposed rule and alternatives. Requires that each agency publish 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. Requires the Director of the Congressional Budget Office (CBO) to review and report to Congress on the agency actions to implement this Title. Directs each agency to: (1) report annually to Congress and the public on its regulatory agenda and priorities for the current fiscal year; and (2) include in the announcement of a rulemaking or adjudication the date by which the agency intends to complete such proceeding. Requires each agency to report annually to the Administrative Conference of the U.S., the Congress, and the public on its regulatory activities of the past fiscal year. Stipulates that such report include: (1) the number of agency proceedings which the agency failed to complete by the established deadline and the reasons for such failure; and (2) any changes the agency made to improve its regulatory actions. Directs each regulatory agency to establish an office to be responsible for regulatory planning and management. Requires any independent regulatory commission to submit any budget information or legislative recommendation to Congress concurrently upon submission to any officer or agency of the executive branch. Title II: Improving the Efficiency of Administrative Proceedings - Establishes a new procedure for administrative rulemaking and adjudication by United States Government agencies. States that such procedure shall apply to: (1) all adjudications; and (2) all rulemaking or licensing proceedings required by statute to be determined on the record after opportunity for an agency hearing except proceedings to withdraw, suspend, revoke, or annul a license. Provides two levels for the conduct of proceedings subject to this Act, a "general hearing process" and a "formal hearing" for the resolution of matters determined during the general hearing to involve general and substantial issues of fact which cannot be resolved at the general hearing and upon which the decision of the agency is likely to depend. Requires, for the general hearing process, 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. Enumerates the powers of the presiding employee at a general hearing. 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 the employee to: (1) oversee the expeditious completion of such hearing; and (2) provide a concise record of the important matters of the proceeding. States that no person who participates in the decision making of any proceeding or in a board or agency review of such decision may: (1) make ex parte communications; or (2) be responsible to or subject to the supervision of an employee or agent performing investigative or litigating functions for the agency. Allows an agency to prohibit an individual from appearing at a proceeding if the individual engages in unethical conduct or deliberate dilatory tactics. Authorizes an agency to subpoena any person or evidence as necessary. Sets forth the judicial procedure and civil penalty for persons who fail to comply with a subpoena. Requires each agency to maintain a public file of significant material concerning the major stages of a proceeding. Authorizes the presiding employee at a formal hearing to: (1) rule on offers of proof and receive 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. Authorizes each agency to establish employee 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, and specifies the conditions which enable an agency to review such a decision. Requires the Office of Personnel Management to test, register, and certify eligible candidates for the position of administrative law judge (hereinafter referred to as "judge"). Authorizes each agency to appoint a judge from the list of certified candidates. Directs the Administrator of the Administrative Conference of the U.S. to: (1) establish a performance appraisal system for evaluating judges at least once every ten years; and (2) establish performance and evaluation review boards to assist in setting up the appraisal system and in evaluating judges. Directs the Administrator to evaluate each judge before the expiration of the judge's ten-year term, and to make a recommendation on the reappointment of the judge. Requires each agency to reappoint a judge if the Administrator so recommends. Directs the Merit Systems Protection Board to remove, downgrade, or suspend a judge whose performance is found to be unacceptable. Provides for the transfer and reassignment of judges by the Administrator. Requires the President to nominate members of independent regulatory commissions by reason of their training and experience, and to appoint the chairman of each commission with the advice and consent of the Senate. Directs each agency to issue rules to implement this title within 150 days. Title III: Agency Review of Rules - Direct each agency to review annually one or more of its rules to determine whether continuation or amendment of the rule is in the public interest. Sets forth guidelines the agency should consider in selecting rules to review. Requires each agency to: (1) publish an agenda and the procedure for reviewing one or more rule every five years; (2) provide an opportunity for public comment on such rule; and (3) report the results of each review to Congress and the public. Requires the Director of the CBO to review the agency reports and oversee implementation of this Title. Title IV: Administrative Conference of the United States - Reorganizes the Administrative Conference. Makes the head of the Conference the Administrator who shall be appointed by the President with the advice and consent of the Senate for a four-year term. Grants the Administrator authority to appoint officers and employees and to prescribe their powers and duties as necessary. Sets forth the functions of the Conference which include: (1) studying and making recommendations on the adequacy of administrative procedures used by agencies to carry out regulatory functions; (2) monitoring agency compliance with such laws as the Freedom of Information Act and the Administrative Procedure Act; (3) compensating persons for the cost of participating in agency proceedings in certain cases; and (4) evaluating the performance of administrative law judges. Directs the Conference to submit an analysis of agency reports on regulatory activities to Congress, and to report to Congress on a study of providing incentives to participants to expedite agency proceedings. Establishes an Advisory Commission within the Conference.
United States · United States Congress · 31 January 1979
Antitrust Enforcement Act of 1979 - Amends the Clayton Act to entitle any purchaser or seller in the chain of manufacture, production, or distribution of goods and services to relief under such Act, upon proof of an overcharge or underpayment resulting directly or indirectly from an antitrust violation. States that such relief may be granted in individual suits, suits by the United States, or parens patrie actions brought by a State attorney general for natural persons residing in the State. Authorizes the courts, in any civil action brought by a person or the United States, to permit the defendant to prove that the plaintiff was able to pass on to third parties all or part of an overcharge or underpayment. Grants the court the discretion to hear such evidence as a partial or complete defense in order to avoid duplicative liability. Enables the parties to any class action to prove the fact of injury, the amount of passed on charges and the extent of damages on a classwide basis, without requiring proof of such matters by each individual member of the class. Authorizes the judicial panel on multidistrict litigation to consolidate and transfer any action brought under the Clayton Act, with or without the consent of the parties for both pretrial and trial purposes.
United States · United States Congress · 31 January 1979
Amends the Immigration and Nationality Act to remove statutory reporting requirements for professional or occupational immigrant preferences and for the temporary admission of certain nonimmigrants.
United States · United States Congress · 29 January 1979
Justice System Improvement Act of 1979 - Restates and amends in its entirety title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Law Enforcement Assistance). Sets forth the purposes of this Act. Retains within the Department of Justice the Law Enforcement Assistance Administration (LEAA), and within the Administration, the Office of Community Anti-Crime Programs. Establishes within the Department and independent of the LEAA two separate bodies: (1) the National Institute of Justice (NIJ) to promote research and demonstration efforts for the purpose of (A) improving Federal, State, and local criminal, civil, and juvenile justice systems, (B) preventing crimes and unnecessary civil disputes, and (C) insuring citizen access to appropriate dispute-resolution forms; and (2) the Bureau of Justice Statistics (BJS) to promote the collection and analysis of statistical information concerning crime, juvenile delinquency, and civil disputes. Establishes Advisory Boards to the NIJ and the BJS, and directs each Board to review and make recommendations with respect to the activities undertaken by their respective bodies. Restructures the existing program of grants and assistance to State and local units of government into three categories; formula grants, national priority grants, and discretionary grants. Sets forth the purpose for which such grants may be made and the procedures to be followed in making the grants. Continues the authority of the LEAA to conduct training, recruiting and career development programs for law enforcement officials. Establishes within the Department of Justice an Office of Justice Assistance, Research, and Statistics to provide staff support, set policy, and coordinate the activities of the National Institute of Justice, the Bureau of Justice Statistics, and the LEAA. Establishes an advisory board to the Office. Sets forth the powers and administrative procedures of the offices established by this Act. Authorizes appropriations to carry out the programs and grants established by this Act. Continues the existing program of public safety officers' death benefits.
United States · United States Congress · 29 January 1979
Anti-Arson Act of 1979 - Establishes an Interagency Committee on Arson Control to coordinate Federal anti-arson programs and to provide assistance to State and local governments for the prevention, detection and control of arson. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the awarding of grants to States and localities for: (1) programs designed to prevent and detect crimes involving arson; and (2) the development of education and training for State and local prosecutors with respect to the crime of arson. Requires the Director of the Federal Bureau of Investigation to: (1) classify arson as a major crime in the Uniform Crime Reports; and (2) develop a special investigation program for the crime of arson. Directs the Administrator of the National Fire Prevention and Control Administration to: (1) conduct a research program for the development of techniques and equipment for use by State and local fire fighting and law enforcement personnel for arson prediction, prevention, and control; (2) establish anti-arson educational and training programs for State and local government; (3) develop materials for community awareness programs; and (4) provide information relative to the prevention, prediction, occurrence, and control of arson. Amends the Urban Property Protection and Reinsurance Act of 1968 to provide that fair access to insurance requirements plans shall require policies to be issued only after insurers obtain information from a prospective policyholder with respect to arson.
United States · United States Congress · 29 January 1979
Amends rule XXV of the Standing Rules of the Senate to change the name of the Committee on Human Resources to the Committee on Labor and Human Resources.
United States · United States Congress · 25 January 1979
Federal Computer Systems Protection Act of 1979 - Prohibits anyone from directly or indirectly accessing or causing to be accessed for fraudulent purposes a computer system operating in interstate commerce or having a connection with the Federal Government or any financial institution.
United States · United States Congress · 25 January 1979
Title I: Nurse Training - Nurse Training Amendments of 1979 - Amends title VIII of the Public Health Service Act to extend the assistance program for nurse training and students, generally at reduced levels of authorization through fiscal year 1980. Directs the Secretary of Health, Education, and Welfare to: (1) arrange for the conduct of a study, either with the National Academy of Sciences (if such body agrees) or with another public or nonprofit private entity (if the Academy declines), to determine the need to continue a specific Federal assistance program for nursing education, taking into account specified factors; and (2) report to Congress on such study by January 15, 1980. Title II: Other Health Professions Programs - Amends title VII of the Public Health Service Act (Health Research and Teaching Facilities and Training of Professional Health Personnel) to authorize the Secretary of Health, Education, and Welfare to increase the ceiling on federally insured loans in any academic year to a medical student in a school of medicine, osteopathy, or dentistry from $10,000 to $15,000 upon a determination that educational costs require such increase. Increases the aggregate insured unpaid principal amount for all such insured loans made to any such borrower from $50,000 to $60,000. Authorizes the Secretary to defer the date used with respect to service requirements for National Health Service Corps scholarships for students of medicine, osteopathy, or dentistry for a period longer than the current three-year limit for such deferment. Exempts a medical or osteopathic school participating in an area health education center program from the requirement that such school conduct a program for training physician assistants or nurse practitioners which emphasizes enrolling individuals from the area served by the center of the program, if another school participating in the same program meets such requirement. Increases from $5,000,000 to $10,000,000 the sums which may be obligated for schools of medicine and other types of health care which are financially distressed or unaccredited, from the total authorizations for start-up assistance, financial distress training, and curriculum development of medical schools. Amends the Health Professions Educational Assistance Act of 1976 to extend authorization of appropriations through fiscal year 1981 for certain area health education programs which are funded under the Public Health Service Act prior to October 12, 1976.
United States · United States Congress · 25 January 1979
Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse ecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principals. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; and (3) the interests of the State of Alaska and the Native Corporations shall be continuing considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Aniakchak National Monument; (2) Bering Land Bridge National Monument; (3) Cape Krusenstern National Monument; (4) Gates of the Arctic National Monument; (5) Kenai Fjords National Monument; Kobuk Valley National Monument; (7) Lake Clark National Monument; (8) Noatak National Monument; (9) Yukon-Charley National Monument; and (10) Katmai NAtional Monument. Expands and redesignates: (1) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park; and (2) Glacier Bay National Monument by the addition of 40,000 acres to be redesignated as Glacier Bay National Park. Establishes as units of the National Park System: (1) Aniakchak National Preserve; (2) Lake Clark National Preserve; and (3) Noatak National Preserve; and (4) Wrangell-St. Elias National Preserve. Establishes and designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Park; (3) Cape Krusenstern National Park; (4) Denali National Park; (5) Gates of the Arctic National Park; the Arctic Wilderness; (6) Glacier Bay National Park; (7) Katmai National Park; (8) Kenai Fjords National Park; (9) Kobuk Valley National Park; (10) Lake Clark National Park and Preserve; (11) Noatak National Park; (12)Wrangell-Saint Elias National Park; and (13) Yukon-Charley National Park. Directs the Secretary of the Interior to study the nondesignated areas within the boundaries of the National Park System and report to the President and Congress on the suitability of all roadless areas for preservation as wilderness. Directs the Secretary of the Interior to administer all Alaska lands, waters, and interests in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds which were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to the applicable laws and regulations. Permits the continuation of reindeer within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, with respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Monument and Yukon Flats National Monument as Yukon Flats National Wildlife Monument. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Copper River National Wildlife Refuge; (4) Iliamna National Wildlife Refuge; (5) Innoko National Wildlife Refuge; (6) Kanuti National Wildlife Refuge; (7) Koyukuk National Wildlife Refuge; (8) Nowitna National Wildlife Refuge; (9) Selawik National Wildlife Refuge; (10) Teshekpuk National Wildlife Refuge; (11) Tetlin National Wildlife Refuge; and (12) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; and (4) Kenai National Moose Range. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge (to be known as Alaska Maritime Wilderness, Aleutian Islands Wilderness, Unimak Wilderness and Semidi Wilderness); (2) Alaska Peninsula National Wildlife Refuge (to be known as Pavlof Wilderness and Chiginagak Wilderness); (3) Arctic National Wildlife Range; (4) Becharof National Wildlife Monument; (5) Copper River National Wildlife Refuge; (6) Innoko National Wildlife Refuge; (7) Izembek National Wildlife Range; (8) Kanuti National Wildlife Refuge; (9) Kenai National Wildlife Range; (10) Kodiak National Wilderness Refuge; (11) Koyukuk National Wildlife Refuge; (12) Nowitna National Wildlife Refuge; (13) Nunivak National Wildlife Refuge; (14) Selawik National Wildlife Refuge; (15) Tetlin National Wildlife Refuge; (16) Togiak National Wildlife Range; (17) Yukon Delta National Wildlife Refuge (to be known as Andreafsky Wilderness and Kisaralik Wilderness); and (18) Yukon Flats National Wildlife Monument (to be known as Hodzana Wilderness and White Mountain Wilderness). Directs the Secretary of the Interior to review all areas within the National Wildlife Refuge System established or expanded by this Act as to their suitability for preservation as wilderness. Directs the President to advise Congress as to the Secretary of the Interior's recommendations. Declares that all Executive orders and other administrative actions which were in effect on the day before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation unit established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the major purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within or adjacent to a refuge. States that each such agreement shall provide that the land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon River, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Directs the Secretary of the Interior to conduct an assessment of the bald eagle in the Chilkat River area in order to determine habitat use, dynamics of salmon runs on which the eagles feed, seasonal movement patterns, and effects on the eagle population of developments by man. Directs the Secretary to develop a proposal to conserve bald eagles and other wildlife in the region, insure compatible land uses, provide for land lease agreements to facilitate the proposal. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Chugach National Forest, to be known as Nellie Juan Wilderness; (2) Admiralty Island National Monument; (3) Tongass National Forest, (to be known as Endicott Wilderness, Etolin Island Wilderness, Idaho Inlet Wilderness, Karta Wilderness, and King Salmon Capes Wilderness; (4) Misty Fjords National Monument; (5) Tongass National Forest, to be known as Petersburg Creek-Duncan Canal Wilderness, Prince of Wales Wilderness, Rocky Pass Wilderness, Russell Fjord Wilderness, Stikine- LeConte Wilderness, South Baranof Wilderness, Tebenkof Wilderness, Tracy-Arms-Ford Terror Wilderness, and West Chichagof-Yakobi Wilderness. Directs the Secretary of Agriculture to study and report to the President and Congress in accordance with the Wilderness Act recommendations as to the suitability of the Western Prince William Sound for preservation as wilderness. Specifies that the provisions of this Act apply only to the lands within Alaska and nothing in this Act shall be interpreted to expand, diminish, or modify provisions of the Wilderness Act with respect to lands outside of Alaska. Allows the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas designated by this Act in accordance with the goal of restoring and maintaining anadromous fish production in the Tongass National Forest. Sets forth factors to be considered in allowing such activity. Directs that previously existing public use cabins within national forest wilderness may be permitted to continue subject to necessary restrictions deemed to preserve the wilderness character of the area. Authorizes the Secretary of Agriculture to construct and maintain a limited number of new cabins and shelters. Authorizes the Secretary of Agriculture to permit commercial fishery activities within national forest wilderness in accordance with principles of sound fisheries management. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Amends the Alaska Native Claims Settlement Act to prohibit land conveyed to a Native Corporation pursuant to this Act or the Alaska National Interest Lands Conservation Act, which is within a contingency area designated in a U.S. timber sale contract, to be subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor form entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Stony, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak (including its major tributaries), Chilikadrotna, Mulchatna, Stony, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Porcupine, Sheenjek, Andreafsky, Ivishak, Kanektok, Kisaralik, Wind, Beaver Creek, Copper, Selawik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Holitna-Hoholitna, Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, Susitna. Sets forth time requirements for completion of such studies. Authorizes the Secretary to seek cooperative agreements with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to promulgate regulations to protect the quality and quantity of water in the Wulik River. Title VI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, and Native and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owned or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title VII: Subsistence - Declares the first priority of this Act to be consumptive uses of fishing and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Directs the Secretary, if the State fails to do so, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to take certain administrative action if it is determined that the program or implementation is not in compliance with this Act. Gives the Secretary authority to close public areas to all consumptive uses except subsistence uses by local residents. Sets forth procedures for hearings and appeal by the State. Gives the Secretary emergency authority to temporarily close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits Federal agencies from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision or a Native Corporation may only be acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Removes certain restrictions from sections of the North Slope Haul Road. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to establish an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to establish such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to establish such a center in Juneau, Ketchikan, or Sitka. Sets forth provisions relating to program planning, construction, operation and administration of such centers. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Stipulates that a holder of a permit to use any conservation system shall be strictly liable for damage to any lands, fish, wildlife or other renewable resource, unless such damage was caused by an act of war or the negligence of the United States. Limits damages for such strict liability to $50,000,000 for any one incident. Exempts the State from strict liability. Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Authorizes the appropriations of such sums as may be necessary to carry out the provisions of this Act for fiscal years beginning after fiscal year 1979. Title IX: Improvements in Administration of the Alaska Native Claims Settlement Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each stockholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Provides for the taxation of revenues or proceeds derived from real property interests and capital gain or loss on subsequent sale or disposition of land received pursuant to this Act. Includes provisions for: (1) the selection of land by a Village Corporation where the lands selected and conveyed are insufficient to fulfill the Corporation's entitlements; (2) the selection of land by Regional Corporations where the public lands consist only of the mineral estate; and (3) the conveyance of fee title of existing cemetery and historical places in appropriate Regional Corporations. Disentitles any Regional Corporation which asserts a claim with the Secretary to certain subsurface estate of lands selected under such Act which are in a Wildlife Refuge, to any in lieu surface or subsurface estate. Requires that any such claim must be asserted within 180 days after enactment of this Act. Stipulates that all funds received from certain uses of lands withdrawn for selection by a Corporation shall be deposited in an escrow account until lands selected have been conveyed to the receiving corporation and that such proceeds shall be paid, together with interest accrued, to the appropriate Corporation or individual upon such conveyance. Allows the Secretary, upon the request of a Village Corporation, to waive the requirement of such Act which requires that a Corporation select land in whole sections (and that natural features are to be used as boundaries) where such waiver is justified and appears to be beneficial. States that fire protection of Native land provided by the Department of the Interior shall cover wildland. Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites and for the reconveyance of less than 1,280 acres by a Village Corporation to a Municipal Corporation or the State in trust. Directs the Secretary to pay by grant to certified Native Group Corporations an amount not more than $100,000 or less than $50,000 for planning, development, or other authorized purposes. Requires that payments under such Act shall be deposited into the Alaska Native Fund on the first day of the fiscal year for which the monies are appropriated and shall be distributed at the end of the first quarter of the fiscal year. Allows the State or a Native Corporation to relinquish its rights in a valid selection of land which is partly within the boundary of a conservation system unit and to select an equal acreage of other lands which are available for such purpose. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent on the date of enactment. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsites entry and to issue patent, if appropriate, to the townsite trustee. Directs the Secretary to negotiate with specified Native Corporations for boundaries and prices of certain areas of the Pribilof Islands group to be included in the Alaska Maritime National Wildlife Refuge. Lists specified lands of: (1) the Nana/Cook Inlet Regional Corporation, the Ahtna Regional Corporation, and the Bering Straits Regional Corporation to be withdrawn for selection, and (2) the Doyon Regional Corporation to be exchanged for lands relinquished. Requires the Hodzana River area to be managed as a study area by the Fish and Wildlife Service in cooperation with Doyon, Limited. Lists lands, previously selected by Doyon, Limited, which such corporation may identify in partial satisfaction of its entitlement under such Act. Provides for the settlement of certain claims and litigation to implement such Act under the unique circumstances of the Native Village of Eklutna. Directs the Secretary to convey the surface and subsurface estates of specified lands on Afognak Island to Koniag, Incorporated. Extends for 36 months the Secretary's obligation to convey specified lands to the Cook Inlet Region, Incorporated. Conveys to a Village Corporation found eligible by the Secretary of Interior, the surface estate to public land in its "core" township or townships (towns or townships in which the Native Villages are located). Stipulates that where two or more corporations have claim to the same township, the conveyance is delayed until an arbitration decision or other binding agreement between or among the Corporations is filed with and published by the Secretary. Conveys to a Village Corporation found eligible by the Secretary, the surface estate to certain lands in the "core" township. Conveys the surface and subsurface estate in the former Indian Reserve to certain village Corporations. Excludes the Village Corporation for the Native Village of Klukwan from such conveyances. Conveys the subsurface estate in "core" townships conveyed to Village Corporations, to Regional Corporations to the extent they would otherwise have obtained such subsurface estate pursuant to the Alaska Native Claims Settlement Act. Permits Native Corporations to utilize an expedited conveyance procedure, and sets forth such procedure. Requires Native Corporations choosing to utilize such procedure to file with the Secretary lists of their conveyance priorities. Sets forth administrative provisions concerning: (1) easements on core township lands, other lands, and acquisition of future easements; (2) status of certain lease offers; (3) extension of the moratorium on State taxation of undeveloped and improved lands; and (4) State selection and conveyances. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a conservation system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska as of December 18, 1971 and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be alloted subject to a right or reentry for a 20-year period after the effective date of this Act. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Title X: National Need Mineral Activity Recommendation Process - Allows the President to make recommendations to the Congress that mineral exploration, development, or extraction not permitted by this Act or other applicable law shall be permitted 90 days after notice of such recommendation has been published in the Federal Register. Requires that a report containing specified information be submitted to Congress together with such recommendation. Stipulates that any such recommendation shall take effect only upon enactment of a joint resolution within 120 calendar days of continuous session of Congress beginning on the date of receipt by the Senate and House of Representatives of the recommendation. Sets forth Congressional procedures with respect to such Presidential recommendation.
United States · United States Congress · 25 January 1979
Constitutional Amendment - Provides that the people of the several States, and the District constituting the seat of Government of the United States shall elect the President and Vice President. Requires each elector to cast a single vote for two persons who shall have consented to the joining of their names as candidates for the offices of President and Vice President. Requires the electors of President and Vice President in each State to have the qualifications requisite for electors of the most numerous branch of the State legislature, except that for electors of President and Vice President, the legislature of any State may prescribe less restrictive residence qualifications and for electors of President and Vice President the Congress may establish uniform residence qualifications. Provides that the pair of persons having the greatest number of votes for President and Vice President shall be elected, if such number is at least 40 percent of the whole number of votes cast. Provides that if no pair of persons has such number, a runoff election shall be held in which the choice of President and Vice President shall be made from the two pairs of persons who received the highest numbers of votes. Requires the days for such elections to be determined by Congress and to be uniform throughout the United States. Requires Congress to prescribe by law the time, place, and manner in which the results for such elections shall be ascertained and declared. Allows Congress to provide for the case of the death, inability, or withdrawal of any candidate for President or Vice President before a President and Vice President have been elected, and for the case of the death of both the President-elect and Vice President-elect.
United States · United States Congress · 23 January 1979
Amends title XVIII (Medicare) of the Social Security Act to extend for one year, until October 1, 1979, the period of time during which the services of physicians in teaching hospitals will be included as inpatient hospital services under that title.
United States · United States Congress · 23 January 1979
Parental Kidnapping Prevention Act of 1979 - Requires appropriate State authorities to give full faith and credit to a child custody determination by a court of another State which has jurisdiction and meets specified conditions. Authorizes a State court with jurisdiction to modify a custody determination of another State court which no longer has or has declined to exercise jurisdiction. Amends title IV (Child Support and Establishment of Paternity) of the Social Security Act to include as a function of the Parent Locator Service the provision of information to authorized persons about any absent parent or child for the enforcement of a child custody determination or with regard to parental kidnapping. Prohibits the intentional restraint of a child in violation of any other person's right of custody or visitation arising from a State custody determination. Specifies (1) the jurisdictional basis for such offense, including the willful transportation of a child in interstate commerce, and (2) Federal investigation procedures.
United States · United States Congress · 23 January 1979
Victims of Crime Act of 1979 - Establishes a nine-member, part-time Advisory Committee on Victims of Crime to advise the Attorney General with respect to the administration of this Act and the compensation of victims of crime. Directs the Attorney General to make grants to qualified State programs for the compensation of victims of crime. States that such grants shall total: (1) 25 percent of the allowable compensation paid to victims and dependent survivors of victims of State crimes designated by the State as appropriate for compensation under this program; and (2) 100 percent of the allowable compensation paid to victims and survivors of victims of crimes which would constitute designated State crimes except for the fact that the crime is subject to exclusive Federal jurisdiction. Specifies criteria for a State plan to qualify under this Act, including that such plan: (1) offers compensation for personal injuries suffered as a result of certain State and Federal crimes; (2) offers compensation to surviving dependents of any person whose death resulted from being victim to such a crime; (3) grants claimants the right to a hearing; (4) requires cooperation with law enforcement agencies as a condition for recovery; (5) does not have a financial means test; (6) subrogates the State to any claim the victim or dependent has against the perpetrator to the extent of the amount compensated by the State; (7) does not require claimants to seek welfare benefits; (8) denies or reduces any claim where the victim or claimant contributed to the death or injury; (9) may require the criminal by State law or rule to make restitution to the victim; and (10) does not require that any person be apprehended or convicted of the crime giving rise to the claim. Permits States with programs not in compliance with this Act to remain eligible for grants under this Act until the day after the close of the first regular State legislative session that begins after the effective date of this Act. Sets forth specified expenses that may not be included in the State program's cost of paying compensation when determining the amount of the grant for which such program is eligible. Directs the Attorney General to submit annual reports to the House and Senate Judiciary Committees with respect to each qualifying State program, and the activities of the Attorney General in carrying out this Act. Requires the Attorney General to report to Congress on the appropriateness of requiring State laws which prevent criminal wrongdoers from enjoying profits made from publicity surrounding their wrongdoing.
United States · United States Congress · 15 January 1979
National Ski Patrol System Recognition Act of 1979 - Grants a Federal charter to the National Ski Patrol System. Declares that the purpose of such corporation shall be to promote public safety in skiing.
United States · United States Congress · 15 January 1979
Sunset Act of 1979 - Title I: Reauthorizations of Government Programs - Sets forth a ten-year schedule for reauthorization of all Federal programs according to budget function and subfunction as set forth in the Budget of the United States Government for Fiscal Year 1979. Sets forth the procedure in the House of Representatives and the Senate for the consideration of any bill, resolution, or amendment which authorizes new budget authority. States that it is not in order for either House to consider any legislation which authorizes the enactment of new budget authority for a program for a period of more than ten years, for an indefinite period, or for any fiscal year beginning after the next reauthorization date applicable to such program. Provides that before the Congress can appropriate funds for any program, after its first reauthorization date, there must be a specific authorization in law to support the appropriation. Requires the committees of the Senate and House of Representatives to conduct a sunset review of programs during the Congress in which such programs are scheduled for review. Requires that the report accompanying such reauthorization contain specified information, and that the report be completed during the Congress in which the program is scheduled for reauthorization. Exempts from the requirements of this Act specified programs such as interest on Federal debts, health care services, general retirement and disability payments, as well as litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution of the United States and specified retirement pay and benefits. Allows the reauthorization schedule set forth in this Act to be changed by concurrent resolution of the two Houses of Congress and sets forth the procedure for such change. Requires all legislation and other matters related to changes in the dates for programs under this Act to be referred to the committee with legislative jurisdiction over any program affected by the proposal and, sequentially, to the Committee on Rules in the House of Representatives and to the Committee on Rules and Administration in the Senate. Requires such committees to report any concurrent resolution or bill referred to it by a committee of legislative jurisdiction within 30 days, with a statement on each of its recommendations. Makes provisions for any proposed change which has been reported by a committee before June 1, 1980. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist Congress in carrying out the reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1980. Sets forth the contents of the inventory program, including the type of authorization provided for such programs' new budget authority, and the manner in which related program areas may be grouped for evaluation and review. Permits the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and suggest revisions. Requires that the program inventory be revised at the end of each session of Congress, and that such revisions be reported to each House. Requires that periodic reports tabulate the progress of congressional action on bills and resolutions authorizing budget authority for programs in the inventory. Requires the Comptroller General and the Director of the Congressional Budget Office to submit periodic reports to the Congress on the adequacy of the functional and subfunctional categories for grouping programs of like missions or objectives. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review, and criteria for selection of program areas for evaluation. Directs each Senate committee to consult with the appropriate committees of either the House of Representatives or the Senate in order to achieve coordination of program reevaluation and inform itself of the related activities of or available assistance from the General Accounting Office, the Congressional Budget Office, the Congressional Research Service, the Office of Technology Assessment, and appropriate instrumentalities in the executive and judicial branches. Requires each Senate committee to deliver a report on the reexamination to the Secretary of the Senate at the date specified in the funding resolution first reported by such committee in 1981, and thereafter reported for the first session of each Congress. Allows two or more committees which have legislative jurisdiction over the same programs or portions of the same programs to examine such programs jointly and submit a joint report. Stipulates that such report: (1) contain the findings, recommendations, and justifications of the program; and (2) include specified information including, but not limited to, an assessment of the cost-effectiveness of the program and an identification of any trends, developments, and emerging conditions which are likely to affect the nature and extent of the problems or needs which the program is intended to address. Requires each executive department or agency which is responsible for a program selected for reexamination to submit a report to the Office of Management and Budget and to the appropriate committees of the Congress on its findings, recommendations, and justifications of specified aspects of the program. Title IV: Citizens' Commission on the Organization and Operation of Government - Establishes, as an independent instrumentality of the United States, the Citizens' Commission on the Organization and Operation of Government to conduct a nonpartisan study and investigation of the organization and methods of operation of all departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government, and to make such recommendations as it determines are necessary to promote economic, efficient and improved services in the transaction of public business. Requires the Commission to submit interim reports to the President and the Congress, and to submit a final report with its findings and recommendations. Requires the Comptroller General to report once a year for two years after submission of the Commission's final report on the status of actions taken as a result of the report. Specifies the composition of the 15-member Commission and sets forth the duties and powers of the Commission. States that the Commission shall cease to exist 90 days after submission of its final report. Authorizes to be appropriated until September 30, 1984, without fiscal year limitations, $4,000,000 to carry out the provisions of this Title. Title V: Regulatory Impact - Requires the President to submit, at the beginning of each of the five Congresses beginning with the 97th Congress, an analysis of the purpose, function, and efficiency of 16 specified regulatory agencies. Requires the President to submit legislative plans, based on such analyses, for the improvement of operations of such agencies. Establishes a schedule according to which plans for specified agencies will be submitted early in each of the five Congresses for which the required analyses are submitted. Directs the President, with each plan, to submit a report on the cumulative impact of government regulatory activity on specific industry groupings. Directs the Comptroller General and the Director of the Congressional Budget Office to assess each of the agencies included in the President's plans and to analyze such plans, and submit such information to the Congress. Title VI: Government Accountability - Requires the President, beginning with the first year of the 97th Congress, to submit biennially, as a part of the budget, a report on the management of the executive branch. Requires the Director of the Office of Management and Budget to provide an evaluative report on Federal programs to the President to be included with the President's report. Title VII: Miscellaneous - Amends the Budget and Accounting Act of 1921 to permit the committees of Congress to obtain from the agencies of the government estimates or requests for appropriations or requests for increases in an item of any such estimate or request, and recommendations as to how the revenue needs of the government should be met. Declares that nothing shall require the public disclosure of records which are specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive order, or which are otherwise specifically protected by law. Provides that the committees of the Senate or the House of Representatives shall not be required to publicly disclose any such records, except as otherwise provided by the rules of either House. Sets forth administrative procedures and requirements. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a "Regulatory Duplication and Conflicts Report" for all programs scheduled for reauthorization in the next Congress. Stipulates that each such report identify duplicative or conflicting rules and regulations promulgated by executive departments, independent agencies, and State and local governments and contain recommendations which address such conflicts or duplications. Defines the term "required authorization waiver resolution" for purposes of this Act. Sets forth the procedure which the chairman of the committee of the Senate or the House of Representatives having legislative jurisdiction over programs must follow in order to introduce a required authorization waiver resolution. Makes it the duty of the Committees on Governmental Affairs and on Rules and Administration of the Senate and the Committees on Government Operations and on Rules of the House of Representatives to review the operation of the procedures established by this Act and to submit a report every five years beginning December 31, 1986. Authorizes to be appropriated through fiscal year 1990 such sums as may be necessary to carry out the review requirements and for the compilation of the inventory of Federal programs.
![Official portrait of Sen. Kennedy, Edward M. [D-MA]](https://www.congress.gov/img/member/k000105_200.jpg)