United States · United States Congress · 19 November 1979
Youth Employment Act - Establishes a Youth Employment Commission to carry out a program to provide career opportunities for economically disadvantaged youth between the ages of 18 and 24 by selecting and developing energy conservation and energy development projects through agreements with Federal executive agencies, States, local governments, and nonprofit corporations. Authorizes appropriations to carry out such program through fiscal year 1985. Directs the Commission to report annually to the President and to Congress. Sets forth eligibility standards for participants and projects. Directs the Commission to develop objective criteria for the selection of projects consistent with such standards. Sets forth provisions relating to administrative agreements to provide financial assistance to specified entities. Directs the Secretary of Labor to prepare and issue regulations on such matters. Authorizes the Commission to develop and conduct jointly with the Secretary of Transportation, the Secretary of Energy, and the Director of the Community Services Administration specified projects for which five to ten percent of appropriations for such program are reserved. Sets forth provisions concerning: (1) special conditions which projects must meet; (2) payments to recipients having agreements; and (3) records, audits, reports, and evaluations.
United States · United States Congress · 8 November 1979
Authorizes the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in West Potomac Park in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 8 November 1979
Expresses the sense of the Senate that: (1) all countries and all people be urged to respond generously to Cambodian relief efforts; (2) Cambodian authorities be encouraged to allow the use of all possible avenues for delivering food and medical supplies; and (3) the United States and the United Nations should express their expectation that the great power supporters of the factions in Cambodia share in international responsibility for averting famine.
United States · United States Congress · 5 November 1979
Amends title XVIII (Medicare) of the Social Security Act to increase benefits under the home health services program by: (1) providing for the services of a homemaker-home health aide in lieu of a home health aide; and (2) providing home health services to an individual while in a nonprofit adult day care center if such individual cannot leave his or her residence without the assistance of another person.
United States · United States Congress · 1 November 1979
Chrysler Corporation Loan Guarantee Act of 1979 - Authorizes the Secretary of the Treasury to enter into commitments to guarantee loans made to Chrysler Corporation if the Secretary determines that: (1) such a commitment is needed to enable Chrysler to continue to operate and the failure to meet this need would adversely and seriously affect the employment or economic situation in the United States or any of its regions, or the degree of competition in the automobile industry; (2) Chrysler has submitted a feasible operating plan for its 1980 fiscal year and the next three fiscal years demonstrating its ability to continue as a going concern in the automobile business without additional Federal assistance after December 31, 1983; and (3) Chrysler has submitted a satisfactory financial plan which includes at least $1,500,000,000 in funds that are not guaranteed by the Federal Government. Requires a portion of such nonfederal funds to be in the form of commitments and concessions contributed after October 17, 1979, by financial institutions, Chrysler's creditors, shareholders, and employees, and management, State and local governments, labor unions, and other entities with an economic stake in Chrysler. Prohibits the amount of outstanding guarantees actually issued by the Secretary from ever proportionately exceeding the amount of such nonfederal funding obtained and not repaid. Permits Chrysler to obtain capital and cash in order to meet the required level of nonfederal funding through a merger, the sale of securities, assets, or other transactions consummated after October 17, 1979. Requires the Secretary to receive assurances as to the availability and adequacy of all financing contemplated by the financing plan before entering any commitments to guarantee loans. Stipulates that the Secretary may issue guarantees only pursuant to commitments. Requires such commitments to provide that guarantees will only be issued if the Secretary determines that: (1) Chrysler would otherwise be unable to obtain credit upon reasonable terms sufficient to meet the needs of its operating plan; (2) there is a reasonable prospect of repayment; (3) the loan bears interest at a reasonable rate determined by the Secretary not less than the current average yield on Treasury securities of comparable maturity; (4) Chrysler continues to comply with an operating and financial plan or a revision which is feasible and satisfactory to the Secretary; (5) Chrysler has agreed to deliver rolling four-year operating and financial plans to the Secretary and an annual analysis of deviations in performance from the targets set forth in such plans; and (6) Chrysler has complied with the requirements set forth in the terms of any commitment. Renders any determination made by the Secretary under this Act conclusive upon the issuance of a loan guarantee. States that the validity of any guarantee shall be incontestable except for fraud or material misrepresentation on the part of the holder thereof. Authorizes the Secretary to determine the form of all guarantees issued under this Act. Directs the Secretary to collect, at least once a year, a guarantee fee of at least one-half percent per annum on the outstanding guaranteed loan principal computed daily. Authorizes the Secretary to negotiate appropriate additional terms to compensate the United States for the risk it assumes in issuing loan guarantees. Requires that all guaranteed loans mature no later then December 31, 1990. Prohibits waiver or amendment of the terms of any guaranteed loan without the Secretary's consent. Requires each commitment to contain appropriate protective provisions. Directs the Secretary to require security for the loans guaranteed under this Act, subordination of existing creditors, and that Chrysler pay no dividends on any common or preferred stock. Permits the Secretary to waive such requirements if necessary to enable Chrysler to obtain financing and if, despite such waiver, there is a reasonable prospect of repayment. Directs the Secretary to require a change in Chrysler's management if the Secretary determines that the inability of Chrysler to obtain credit without guarantees is a result of the failure of management to exercise reasonable business prudence. Authorizes the Secretary to inspect the records of Chrysler or any of its affiliates for which an application for a loan guarantee has been submitted. Authorizes the General Accounting Office to conduct a detailed audit of Chrysler and its affiliates. Directs the Office to report the results of such audit to the Secretary and the Congress. Prohibits the outstanding principal amount of loans guaranteed by the Secretary from exceeding $1,500,000,000 at any one time. Directs the Secretary to enforce the rights of the United States as a guarantor under this Act. Entitles the Secretary to recover any payments made pursuant to a guarantee from Chrysler, its affiliates, or any other liable person. Empowers the Secretary to utilize all available remedies in enforcing the rights of the United States and to bring actions in the United States district courts or any other appropriate court to enforce compliance with this Act or the terms of any agreement. Grants jurisdiction to such courts to hear such actions and to fashion appropriate remedies. Prohibits the Secretary from guaranteeing any tax-exempt security either directly or indirectly if the guarantee provides significant collateral for other tax-exempt obligations. Authorizes the Secretary to waive the priority of the United States if necessary to facilitate financing contemplated by the financing plan provided the Secretary determines that, despite such waiver, there is a reasonable prospect of repayment. Stipulates that such a waiver may not subordinate the claims of the United States to any other creditor. Directs the Secretary to submit a annual report to the Congress on activities conducted pursuant to this Act. Authorizes the appropriation of funds necessary to carry out the provisions of this Act beginning in fiscal year 1979 and remaining available without fiscal year limitation. Limits the authority of the Secretary to make guarantees to the extent provided in advance by appropriation Acts.
United States · United States Congress · 24 October 1979
Chrysler Corporation Emergency Loan Guarantee Act - Establishes an Emergency Loan Guarantee Board composed of the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Commerce. Authorizes the Board to guarantee loans made to Chrysler Corporation and to enter other appropriate contracts to carry out the provisions of this Act. Designates the Secretary of the Treasury as Chairman of the Board. Requires all decisions of the Board to be made by majority vote. Imposes the following contributions on any loan guaranteed by the Board: (1) the loan must be needed to enable Chrysler to continue operations which if curtailed would seriously and adversely affect the economic or employment situation in the United States or any of its regions; (2) Chrysler must be unable to obtain credit upon reasonable terms without such a guarantee; (3) Chrysler's prospective earning power, together with any security it pledges, must furnish reasonable assurance that the loan will be repaid; (4) the lender must certify that it would not make the loan without such a guarantee; (5) the term of the loan must not exceed ten years; and (6) the loan must bear interest at a rate determined by the Board taking into account the reduced risk afforded by the guarantee and interest rates on otherwise comparable loans. Directs the Board to collect a guarantee fee to cover the administrative expenses of the Federal Government in making a loan guarantee. Requires the Board, to the maximum extent feasible, to ensure that the Government is compensated for the risk it assumes in issuing a guarantee by collecting additional guarantee fees or by other appropriate methods. Conditions Chrysler's eligibility for loan guarantees on its establishment of an employee stock ownership plan (ESOP) which: (1) satisfies the requirements of the Internal Revenue Code of 1954; (2) acquires Chrysler equity securities, bonds, debentures, notes or other instruments evidencing an indebtedness with the proceeds of a loan guaranteed under this Act; (3) is administered by a committee representing Chrysler, its employees participating in the ESOP, the trustee of the ESOP, the Secretary of the Treasury, and the Secretary of Labor; (4) will acquire noncallable preferred Chrysler stock convertible to common by direction of the ESOP committee at its fair market value as of October 23, 1979, in an aggregate amount not less than $250,000,000 or 25 percent of the loan guarantee, whichever is greater; (5) contains an agreement by Chrysler to make annual contributions sufficient to permit the ESOP to amortize the loan made by Chrysler to the ESOP; (6) grants all participants a nonforfeitable interest in their accounts; and (7) requires an annual allocation of all securities the ESOP acquires to the accounts of each participant in substantially equal amounts. Directs the Board to make every effort to assure that guaranteed loans to Chrysler are secured by sufficient property to fully collateralize the amount of the loan guarantee. Prohibits Chrysler, while any guaranteed loan remains unpaid, from declaring any dividend on its common stock or from making payments on any other indebtedness. Permits the Board to waive such prohibitions if such action is consistent with the interests of the United States. Directs the Board to require Chrysler to make changes in its management and fiscal operations and to develop a long-range plan if the Board determines that the inability of Chrysler to obtain credit in the normal capital markets is a result of a failure on the part of management to exercise reasonable business prudence. Prohibits the Board from guaranteeing any loan until it has received Chrysler's audited financial statement and has been afforded access to Chrysler's records. Requires a lender to exhaust all of its remedies under a guarantee agreement before any payment under the guarantee of the United States becomes due. Directs the Board to assure that any loan agreement guaranteed under this Act contains the usual provisions to protect the guarantor including strictures against waiver or amendment without the consent of the Board. States that the guarantee of the United States shall be in force with respect to advances under a loan agreement only if: (1) the Board receives ten days notice in writing of the advance; (2) the lender certifies that Chrysler is not in default, except that in cases where the lender reports the circumstances of a default the Board may guarantee an advance if it is consistent with the interests of the United States; and (3) Chrysler provides the Board with a plan concerning the expenditures which will be made with the advance. Requires Chrysler to report all instances in which advances were not expended in accordance with such plan. Requires that all guarantee agreements give the Board priority interest over the lender in any collateral securing the loan and any outstanding earlier loans. States that any sums that Chrysler has on deposit with the lender which are subject to offset under the bankruptcy laws shall be considered collateral in which the Board has priority over the lender. Authorizes the Board to inspect and copy Chrysler's records. Directs the General Accounting Office to conduct an audit of Chrysler at least once a year if an application for a guarantee has been made or if a guarantee is outstanding. Requires the Office to report the results of such audits to the Board and the Congress. Sets forth the maximum obligation of the Board under all outstanding loan guarantees made under this Act. States that such assistance may be only in such amounts as provided in advance in appropriation Acts. Establishes an emergency loan guarantee fund in the Treasury to cover the expenses and obligations of the Board. Requires that all guarantee fees be deposited in such fund. Permits the Board to use any Federal Reserve bank as its fiscal agent provided the bank is reimbursed for any expenses or losses incurred acting in such capacity. Directs the Attorney General to enforce the rights of the United States as a guarantor under this Act. Requires all sums recovered by the Attorney General to be deposited in the emergency loan guarantee fund. Entitles the Board to recovery of any payments made by Chrysler or any other liable person pursuant to a guarantee agreement. Directs the Board to ensure that lenders and other persons maintain their unguaranteed financial assistance to Chrysler at the level provided from October 1, 1978, to October 31, 1979. Directs the Board to submit an annual report to the Congress on its operations. Requires the Board to submit a report to Congress within six months of the enactment of this Act which contains recommendations on the need to continue the guarantee program beyond the termination date of this Act. Terminates the authority of the Board to enter new guarantee agreements on December 31, 1983.
United States · United States Congress · 9 October 1979
Radiation Exposure Compensation Act of 1979 - Makes the United States liable for: (1) damages arising from certain nuclear tests conducted at the Nevada Test Site to individuals who resided in the affected area for a period of one year between January 1, 1951, and October 31, 1958, or between June 30, 1962, and July 31, 1962; (2) damages to individuals who worked in a uranium mine in Colorado, New Mexico, Arizona, or Utah for at least one year between January 1, 1947, and December 31, 1961; and (3) damages to a qualified sheep herd. Establishes in any action filed under this Act, upon a determination by the court that the plaintiff meets the requirements of the Act, an irrebuttable presumption that the damages alleged were caused by exposure to radiation as a result of a nuclear detonation or exposure to uranium. Limits the amount of attorney fees which can be received with respect to such actions. Defines "affected area" to mean specified areas of Utah, Nevada, and Arizona, and any other area of the United States which received a high level of fallout as a result of the Nevada Test Site detonations, as determined by the Secretary of Health, Education, and Welfare. Establishes within the National Cancer Institute a seven-member Advisory Panel on the Health Effects of Exposure to Radiation and Uranium to identify, for the purposes of recovery under this Act, types of cancer which develop after exposure to low level radiation and diseases and illnesses which develop after uranium mine employment. Directs the Advisory Panel to report its findings to Congress within nine months of the date it convenes. Amends title III of the Public Health Service Act (General Powers and Duties) to direct the Secretary to conduct a comprehensive assessment of the adverse health effects resulting from the Nevada Test Site atomic weapons test program since January 1, 1951. Transfers to the Department of Health, Education, and Welfare all functions of the Department of Energy relating to research on the health effects of radiation on human beings.
United States · United States Congress · 28 September 1979
Domestic Violence Prevention and Services Act - Authorizes the Secretary of Health, Education, and Welfare to make grants to States, local public agencies, and nonprofit organizations for projects designed to prevent domestic violence and to provide immediate shelter and other assistance for victims and dependents of victims of domestic violence. Stipulates that such funds may not be used for direct payment to any victim of domestic violence or to a dependent of such victim, and that no income eligibility standard may be imposed for anyone seeking services under this Act. Requires each State receiving assistance to report annually to the Secretary on the implementation of programs and projects under this Act. Directs the Secretary to designate within the Office of the Secretary an administrative unit to serve as the National Center on Domestic Violence, to be responsible for: (1) the coordination (through the interagency council established by this Act) of all Federal programs relating to domestic violence; (2) the operation of a national clearinghouse to collect and disseminate information relating to domestic violence; (3) the development of a national media campaign to increase public awareness of the problems of domestic violence and the availability of services for its victims; and (4) keeping Congress informed with respect to the implementation of this Act. Requires the Secretary to report annually to Congress on the programs authorized by this Act. Requires that the records of any person subject to any program, project, or activity assisted under this Act be subject to the confidentiality provisions of the Drug Abuse Office and Treatment Act of 1972. Directs the Secretary to evaluate and report to Congress within two years of the first obligation of State grants on the effectiveness of the programs under this Act. Establishes an Interagency Domestic Violence Council to assist the Director of the National Center in coordinating all Federal programs regarding the prevention of domestic violence. Directs the Secretary to report within 90 days of the end of fiscal year 1981 and of each subsequent fiscal year to certain congressional committees specific information relating to applications for assistance for domestic violence research. Authorizes appropriations through fiscal year 1983 to carry out this Act.
United States · United States Congress · 24 September 1979
Economic Opportunity Amendments of 1979 - Amends the Economic Opportunity Act of 1964 to add a new title XI: Energy Conservation Services Act of 1979 to establish a weatherization program to enable low-income and near-poor individuals and families, particularly families and groups in which the elderly or handicapped reside, to participate in energy assistance programs designed to reduce energy consumption and the impact of high energy costs. Directs the Director of the Office of Economic Opportunity to establish a weatherization program to improve the thermal efficiency of the dwellings of low-income and near-poor individuals and families and to provide access to low-cost, dispersed alternative energy sources. Authorizes the Director to make grants to States and to Indian tribal organizations for such purposes. Directs the Director to issue regulations to carry out such program, and sets forth the nature of such regulations. Authorizes appropriations to carry out such program for fiscal years 1980 through 1989 and establishes allotments to the States of such funds. Sets forth limitations on the amount of such grants made for the purchase of weatherization materials, for labor costs, and for program support. Requires States and approved area applicants to submit a weatherization plan in order to receive weatherization assistance. Describes required components of such plans, and directs the Director to establish procedures for the approval of such plan. Requires States seeking such assistance to establish a State weatherization policy council to be appointed by the chief executive officer of the State. Sets forth the duties of such council, including the reviewing of the operation of weatherization programs conducted by each local project and the preparing of the weatherization plans required by this Act. Authorizes a State, after having been approved for financial assistance, to designate community action agencies or political subdivisions as local weatherization projects and to provide financial assistance to such projects. Sets forth requirements for obtaining such designation. States that individuals or families having incomes equal to or less than 85 percent of the lower living standard income level, as defined in this Act, shall be eligible for participation in weatherization programs. Sets forth administrative provisions for such programs. Requires the Director to prescribe procedures for appeals, notice, and hearings in the event applications for financial assistance are rejected or not acted upon within the specified period of time. Authorizes the Director to provide technical assistance to States, areas, and local projects for conducting such programs and to provide training for personnel needed in connection with such programs. Requires the Director to provide for continuous evaluation and monitoring of programs established under this Act, and to publish the results of such evaluations. Directs the Director to submit such publications to the appropriate congressional committees. Directs the Director to prepare an annual report on the weatherization assistance program for submission to Congress and the President. Authorizes the Director to provide financial assistance to projects and activities designed to educate and counsel low-income and near-poor energy consumers in energy-conservation practices and sound residential energy management, self-help activities in energy conservation and alternative energy applications, and maintenance of weatherization and alternative energy improvements. Directs the President to establish procedures assuring the coordination of all Federal energy assistance programs affecting low-income and near-poor individuals and families. Directs the Director to conduct outreach activities to inform and enroll such individuals and families in such programs. Authorizes the Director to provide financial assistance for research, demonstration, or pilot projects designed to assist in developing new approaches to enable low-income and near-poor individuals and families to participate in energy conservation programs for reducing the impact of high energy costs and reducing energy consumption. Requires the Director to make a public announcement of the award of such grants or contracts and of the results or recommendations made as a result of such activities. Directs the Director to prepare summaries of the result of such activities for submission to the appropriate congressional committees. Stipulates that any assistance provided under this Act shall not be considered income or resources for any purposes, including the determination of eligibility for participation under any Federal, State, or local programs. Repeals provisions under the Economic Opportunity Act of 1964 requiring the establishment of an "Emergency Food and Medical Services" program.
United States · United States Congress · 21 September 1979
Reye's Syndrome Act of 1979 - Amends title XI of the Public Health Service Act (Genetic Disease, Hemophilia Programs, and Sudden Infant Death Syndrome) to authorize the Secretary of Health, Education, and Welfare to establish, through the National Institute of Neurological, Communicative Disorders, and Stroke, the Reye's Syndrome Coordinating Committee to make grants to and enter into contracts with public and nonprofit private entities for a three-year project to establish two comprehensive Reye's syndrome diagnostic and treatment centers. Includes among the duties of such centers: (1) the conduct of basic and clinical research; (2) the development of new and improved treatments; (3) the provision of physician training programs; and (4) informational services, with respect to the detection, diagnosis, and treatment of Reye's syndrome. Directs the Secretary to submit a report to Congress within six months of the end of the project with respect to its accomplishments. Authorizes the Committee to provide financial assistance to public agencies, nonprofit private entities, and individuals not associated with the centers, to conduct research on Reye's syndrome.
United States · United States Congress · 17 September 1979
Postal Service Employees' Political Activities Act of 1979 - Declares it to be the policy of Congress to encourage employees of the United States Postal Service to exercise their rights to participate or refrain from participating in political processes. Prohibits such employees from: (1) using their official authority to influence the result of any election or the political action of any person; (2) using any information obtained through employment and not publicly available for any political purpose; (3) giving or offering to give a political contribution to any individual either to vote or refrain from voting; (4) soliciting or receiving a political contribution to vote or refrain from voting; (5) knowingly giving a political contribution to a superior; (6) knowingly soliciting or receiving a political contribution from another employee with respect to whom such employee is a superior; or (7) knowingly soliciting or receiving a political contribution in specified facilities or from any person who has or is seeking business relations with the employee's agency. Directs the Postal Service and the Postal Rate Commission to prescribe certain exemptions to such prohibitions. Prohibits employees from engaging in political activities while on duty, while wearing a uniform or official insignia identifying their position, or in designated areas. Requires a postal employee to notify his or her agency (U.S. Postal Service or the Postal Rate Commission, as applicable) upon becoming a candidate for elective office. Permits such employee to take annual leave or leave without pay to engage in activities related to his or her candidacy. Sets forth the penalties to be imposed against any employee who is found by the Merit Systems Protection Board to have violated provisions of this Act. Requires the Postal Service to study and report to Congress on the effects of this Act on the political activities of employees, the merit system, and matters generally contributing to the improper use of official authority or information by employees.
United States · United States Congress · 7 September 1979
Home Energy Assistance Act - Authorizes the Secretary of Health, Education, and Welfare to make grants to States to assist eligible low-income households to meet increasing home energy costs. Authorizes appropriations for fiscal years 1980 through 1984 to carry out this Act. Sets forth allotments from such appropriations for such grants to States and specified American territories and possessions for energy crisis related activities under the Economic Opportunity Act of 1964, and for emergency energy disaster assistance to States. Stipulates that such grants may be used for making payments to home energy suppliers on behalf of eligible households and directly to such households in specified cases. Sets forth application procedures and requirements for such grants. Authorizes States receiving such grants to make grants to eligible households for meeting excessive cooling costs where such cooling is medically necessary under standards established by the Secretary. Requires States to comply with the uniform data collection standards established by the Secretary concerning home energy consumption, cost and type of fuels used, use by which income groups, and other information determined to be necessary to carry out this Act. Authorizes the Secretary to withhold payments under this Act for failure to comply with approved application provisions. Sets forth provisions for the administration of this Act. Stipulates that payments received by members of participating households are not to be considered income for determining eligibility for other Federal assistance programs.
United States · United States Congress · 7 September 1979
Economic Opportunity Amendments of 1979 - Amends the Economic Opportunity Act of 1964 to add a new title, Title XI "Comprehensive Energy Conservation Service," which may be cited as the Comprehensive Energy Conservation Services Act of 1979. Establishes a comprehensive energy conservation service program to enable low-income and near-poor individuals and families, particularly the elderly, to participate in energy assistance programs designed to reduce energy consumption and the impact of high energy costs. Directs the Director of the Office of Economic Opportunity to establish a weatherization program to improve the thermal efficiency of the dwellings of low-income and near-poor individuals and families and to provide access to low-cost, dispersed alternative energy sources. Authorizes the Director to make grants to States and to Indian tribal organizations for such purposes. Directs the Director to issue regulations to carry out such program, and sets forth the nature of such regulations. Authorizes appropriations to carry out such program for fiscal years 1980 through 1989 and establishes allotments of such funds to be followed by the Director. Sets forth limitations on the amount of such grants made for the purchase of weatherization materials, for labor costs, and for program support. Requires States and approved area applicants to submit a weatherization plan in order to receive weatherization assistance. Describes required components of such plans, and directs the Director to establish procedures for the approval of such plan. Requires States seeking such assistance to establish a State weatherization policy council to be appointed by the chief executive officer of the State. Sets forth the duties of such council, including the reviewing of the operation of weatherization programs conducted by each local project and the preparing of the weatherization plans required by this Act. Authorizes a State, after having been approved for financial assistance, to designate community action agencies or political subdivisions as local weatherization projects and to provide financial assistance to such projects. Sets forth requirements for obtaining such designation. States that individuals or families having incomes equal to or less than 85 percent of the lower living standard income level, as defined in this Act, shall be eligible for participation in weatherization programs. Sets forth administrative provisions for such programs. Requires the Director to prescribe procedures for appeals, notice, and hearings in the event applications for financial assistance are rejected or not acted upon within the specified period of time. Authorizes the Director to provide technical assistance to States, areas, and local projects for conducting such programs and to provide training for personnel needed in connection with such programs. Requires the Director to provide for continuous evaluation and monitoring of programs established under this Act, and to publish the results of such evaluations. Directs the Director to submit such publications to the appropriate congressional committees. Directs the Director to prepare an annual report on the weatherization assistance program for submission to Congress and the President. Directs the Director to establish an energy assistance payments program and a crisis intervention program. Authorizes the Director to make grants to States to help low- income and near-poor individuals pay for increased home energy costs, and to provide short-term assistance and counseling to such individuals and their families when threatened with hardship or danger to health or life from lack of fuel, utility shutoff, or other energy-related crises. Authorizes appropriations to carry out such programs for fiscal years 1981 through 1983 and establishes allotments of such funds. Sets forth limitations on the amount of such grants made for energy assistance payments and for crisis intervention. Requires States and approved area applicants to submit an energy assistance and crisis intervention plan in order to receive financial assistance under this Act. Describes required components of such plans, and requires the Director to establish procedures for the approval of such plans. States that individuals or families having income equal to or less than 85 percent of the lower living standards income level, as defined in this Act, shall be eligible for energy assistance payments and for crisis intervention assistance. Authorizes payments under such programs to be made to residential energy suppliers, eligible individuals and families, or to some combination thereof. Requires a State to establish benefit levels, and sets forth criteria for setting such benefit levels. Requires eligible States or areas to designate agencies to administer such programs. Sets forth administrative provisions for such program. Requires the Director to prescribe procedures for appeals, notice, and hearings in the event applications for financial assistance are rejected or not acted upon within the specified period of time. Authorizes the Director to provide technical assistance to States, areas, and local projects for conducting such programs and to provide training for personnel needed in connection with such programs. Requires the Director to provide for continuous evaluation and monitoring of such programs, and to publish the results of such evaluations. Directs the Director to submit such publications to the appropriate congressional committees. Directs the Director to prepare an annual report on such programs for submission to Congress and the President. Authorizes the Director to provide financial assistance to projects and activities designed to educate and counsel low-income and near-poor energy consumers in energy-conservation practices and sound residential energy management, self-help activities in energy conservation and alternative energy applications, and maintenance of weatherization and alternative energy improvements. Directs the President to establish procedures assuring the coordination of all Federal energy assistance programs affecting low-income and near-poor individuals and families. Directs the Director to conduct outreach activities to inform and enroll such individuals and families in such programs. Authorizes the Director to provide financial assistance for research, demonstration, or pilot projects designed to assist in developing new approaches to enable low-income and near-poor individuals and families to participate in energy conservation programs for reducing the impact of high energy costs and reducing energy consumption. Directs the Director to make a public announcement of the award of such grants or contracts and of the results or recommendations made as a result of such activities. Directs the Director to prepare summaries of the result of such activities for submission to the appropriate congressional committees. Stipulates that any assistance provided under this Act shall not be considered income or resources for any purposes, including the determination of eligibility for participation under any Federal, State, or local programs. Repeals provisions under the Economic Opportunity Act of 1964 requiring the establishment of an "Emergency Energy Conservation Services" program.
United States · United States Congress · 6 September 1979
Health Care for All Americans Act - Establishes a comprehensive "national health insurance system" (defined as the programs established by this Act and Medicare for the financing of health-care services). States the findings and purposes of this Act. Enumerates the rights of eligible individuals, providers, insurers and health maintenance organizations (HMOs). Requires that such individuals and entities have their views considered with respect to actions under this Act affecting them. Gives such an individual the right to: (1) choose any participating provider with respect to a covered service; (2) the prompt and accurate making of decisions under this Act; (3) be heard on any grievance related to benefits under this Act; and (4) confidential treatment and use of information collected under this Act. Gives such a provider the right to: (1) decide whether or not to participate in the system; (2) the prompt and accurate payment for services; and (3) choose the mode and place of practice (with respect to a physician provider). Gives such an insurer and HMO the right to: (1) decide whether or not to participate in the system; and (2) carry on a supplemental health insurance business. Defines terms used in this Act. Title I: Eligibility, Entitlement, and Enrollment - Extends eligibility for the benefits of this Act to: (1) U.S. citizens; (2) aliens lawfully admitted or permanently residing in the U.S. under color of law, including refugees; (3) aliens admitted to the U.S. as employees of a foreign government or international organization which has entered into an agreement with the U.S.; and (4) aliens admitted as temporary visitors from a foreign government which has entered into such an agreement. Directs the National Health Board (established by this Act), after consultation with the Secretary of State, to recommend to the President that executive agreements be entered into: (1) with foreign governments and international organizations to make their employees and officers eligible for health benefits in return for a payment of the national community-rated premium plus an amount equal to what would otherwise be payable as the Medicare hospital insurance payroll tax, if such employees were so taxed; and (2) with foreign governments upon a determination that it is in the national interest to make nationals or citizens of such nations who visit the U.S. eligible for benefits in return for comparable treatment of U.S. citizens abroad. Entitles each eligible individual to: (1) enroll in a qualified plan offered by an insurer or HMO and to change enrollment during certain periods; (2) have payment made on such individual's behalf and not be charged any fee for basic covered services; and (3) be issued a health insurance enrollment card. Stipulates that such a card shall not identify the category or basis for the individual's enrollment. Requires enrollment information to be available and provided: (1) by employers to employees; (2) by or through the Board to Medicare-eligible individuals; (3) by the Secretaries of Defense, Transportation, Commerce, and HEW to active-duty uniformed service personnel under their jurisdiction; (4) by the Social Security Commissioner to Supplemental Security Income (SSI)- eligible individuals; (5) by managers of Federal and State institutions to residents; (6) by State welfare agencies to Aid to Families with Dependent Children (AFDC)-eligible persons; and (7) by or through State health boards to other individuals. Directs the Board to notify State health boards of the identity of eligible individuals who, in certain Federal information returns, have failed to indicate enrollment under a qualified plan. Requires providers to transmit to their respective health boards requests for payment for eligible persons who did not indicate enrollment at the time of receiving services. Directs State health boards to make special efforts to locate such persons and provide for their enrollment. Defines "first general open enrollment period", "general open enrollment period", and "special enrollment period" for purposes of the program. Stipulates that all members of a family (other than those who are Medicare or SSI-eligible or residents of a Federal or State institution) be enrolled at any time in only one qualified plan. Requires employers to offer qualified employees during specified enrollment periods the choice of enrollment under: (1) at least one plan offered by an insurer belonging to (A) the Blue Cross-Blue Shield consortium or (B) the commercial insurance consortium; and (2) at least one plan offered by an HMO belonging to (A) the individual group practice HMO consortium or (B) the prepaid group practice HMO consortium (if such a plan is available in the area in which the employees obtain health care services). Allows the employer to also offer enrollment in plans offered by a self-insurer. Requires an offer of enrollment to be made first to a collective bargaining representative or other employee representative designated under law. Requires each employee to elect a plan in accordance with procedures established by the Board. Directs the employer to enroll such employee in a plan in accordance with procedures in the absence of such an election. Requires any employer offering in conjunction with a qualified plan a plan with benefits supplemental to basic services to provide employees with written information regarding additional employee costs for such supplemental plan. Limits a family which is offered a choice of plans to enroll under only one qualified plan. Subjects an employer who knowingly fails to comply with these requirements to a civil penalty which may be assessed by the Board and collected by civil suit in a district court. Requires active-duty members of the uniformed services to enroll in a plan from among such health plans offered by or through the Department of Defense as the Secretary of Defense, after consultation with the Secretaries of HEW, Transportation, Commerce, and the Board, finds are consistent with the statutory requirements regarding uniformed services medical care and with policy requiring provision of basic and other covered health services to such members and their families. Requires Medicare-eligible individuals to enroll with the Board or a participating HMO in accordance with the Medicare program. Allows SSI-eligible individuals, residents of Federal or State institutions not otherwise enrolled, AFDC-eligible individuals, or other individuals not otherwise enrolled to enroll during specified periods in any qualified health plan available to such individuals. Provides for the mandatory enrollment of such individuals who fail to enroll in a plan, in accordance with regulations of the Board and rules and procedures of the State health boards. Title II: Benefits and Providers - Includes as basic covered services: (1) inpatient and outpatient hospital services (and inpatient mental health services up to (A) 150 consecutive days for Medicare-eligible individuals, or (B) 45 consecutive days for other eligible individuals, during certain periods of treatment as determined under Medicare); (2) physicians' services, including hospital-based physicians (and services for the treatment of mental illness and outpatient mental health services to the extent that expenses for such services do not exceed the fee-equivalent of 20 psychiatric visits per year, as determined under Medicare); (3) post-hospital extended care services up to 100 days during any spell of illness; (4) the following preventive health services: (A) basic immunizations; (B) pre-and post-natal maternal care; (C) well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for persons up to the age of 18 years; and (D) such other services as the Board may add on a year-by-year basis after consultation with appropriate experts and a determination by the Board that such services will be cost-effective (but limits the expenditure for such additional preventive services to $500,000,000 for the first effective year (defined as the third year after the year of enactment) and for subsequent years an increase tied to the average annual rate of increase in the gross national product). Includes as additional basic services: (1) outpatient physical therapy services, outpatient speech pathology services, and outpatient occupational therapy services, and outpatient occupational therapy services; (3) home dialysis supplies; (4) diagnostic X-ray tests and other diagnostic tests; (5) X-ray therapy; (6) durable medical equipment used in the patient's home; (7) ambulance service, to the extent provided by regulations; (8) prosthetic devices (other than dental), including lens after cataract surgery and replacements; (9) leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements; (10) insulin and outpatient prescription drugs for treatment of chronic conditions (but for Medicare-eligible individuals only to the extent provided under such program); (11) one audiological examination per individual per year and the provision of one hearing aid per individual for any three-year period; and (12) mental health day care services to the extent of two days for each day of inpatient mental health services permitted by this program. Excludes as basic services: (1) items and services for which payment may not be made under Medicare; and (2) for other than Medicare-eligible individuals payment for (A) orthopedic shoes or other supportive devices for the feet, (B) certain physician services described under Medicare, and (C) certain inpatient hospital services described under Medicare. Authorizes the Board, after consultation with the Commission on Health-Care Benefits and the Commission on Quality of Health Care (established by this Act), to exclude payment for an item or service under a plan under this program and Medicare on the basis of cost-effectiveness, notwithstanding any other provision. Makes specified provisions of title XI (General Provisions and Professional Standards Review) and title XVIII (Medicare) of the Social Security Act applicable to basic services provided under qualified plans to the same extent as they apply under Medicare. Authorizes the Board, after consultation with the Commissions on Health-Care Benefits and Quality of Health Care, to establish a list of high-risk, high-cost, elective, or overutilized items or services for which payment may be made only if one or more of the following conditions are met: (1) the provider is board-certified in the relevant specialty; (2) the diagnosis and recommended service are supported by a second opinion or specific objective findings; (3) the provider-institution is adequately equipped and staffed; (4) the specialist or institution is providing care upon referral by a primary-care physician; or (5) the provider has demonstrated through statistical services that it provides high-quality services and properly uses appropriate methods and technologies. Title III: Financing and Planning - Part A, Budget and Planning Process - Specifies the annual timetable for the budget process for the national health insurance system as follows: (1) by January 15th proposed annual State budgets are to be prepared by the State Health Boards, in accordance with regulations and after consultation with specified interests, and submitted to the Board; (2) the Board shall transmit for inclusion without change in the Budget presented by the President an estimate of the anticipated Federal expenditures related to the appropriate Annual Budgets; (3) by March 1st a comprehensive Annual Budget is to be prepared and adopted by the Board and transmitted to the President, Congress, the States, and the public; (4) the Congressional Budget Office shall submit to the appropriate congressional committees as soon as practicable after receipt of the Annual Budget an analysis of its impact on the Federal Budget; (5) by July 1st the annual State budgets are to be adopted by the State Health Boards, taking into consideration the State Health Care Improvement Plan mandated by this Act, and transmitted to the Board; and (6) on the following January 1st the budget year begins. Specifies the contents of the Annual Budget and annual State Budgets, including enumerated items in the following categories: (1) anticipated expenditures; (2) anticipated revenues; (3) separate schedules, including Medicare and other public programs; (4) premium rates, including the national community-rated and group-rated premium amounts and national premium rate; and (5) five-year projections. Places the following limitations on expenditures under this program: (1) total anticipated expenditures for a year may not exceed the amount of the estimated expenditures by more than the average annual rate of increase in the gross national product for the three-year period ending with the year before the year in which the Annual Budget is adopted; (2) the amounts budgeted for covered health- care services for the U.S. and for any State are the maximum amounts that may be expended for such services (except for costs associated with uniformed service members); (3) a State Health Board may not provide for total expenditures for items covered in the budget in excess of those contained in the Annual Budget with respect to the State; (4) the total anticipated expenditures for the U.S. and for any State for the provision of basic services within a category of services or of providers are the maximum amounts that may be expended for such purposes (within percentage variations that the Board may permit); and (5) the percentage increase in the anticipated expenditures per capita for covered health-care services over the actual expenditures for such services for the previous year are limited according to specified formulas. Directs the Board, in consultation with the President's Commission on the Health of Americans, to prepare and annually revise, before the adoption of each Annual Budget, a National Health Care Improvement Plan which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; (2) the effect of the provisions of this program on meeting such needs; and (3) recommendations. Directs the Governor of each State to prepare and annually revise a State Health Care Improvement Plan in accordance with Board standards and guidelines which describes: (1) needs over a five-year period relating to the accessibility, quality, and cost of health care; and (2) specific actions for meeting such needs. Requires such State Plan to include to the extent appropriate the objectives of: (1) the State health plan in effect under title XV of the Public Health Service Act (National Health Planning and Development); (2) the State medical assistance plan in effect under Medicaid; and (3) any plan submitted by the State to receive assistance under the Public Health Service Act and the Community Mental Health Centers Act. Title III - Part B, Payments to Providers - Provides for payment to providers as follows: (1) insurers and HMOs shall make payments to providers furnishing services to (A) their respective enrollees and (B) individuals not enrolled at the time of services but who are subsequently enrolled; (2) the Board shall make payments to providers furnishing services to a Medicare-eligible individual who is not enrolled in a plan offered by a HMO; and (3) the Secretary of Defense shall pay for services furnished to a member of the uniformed services on active duty. Requires each insurer or HMO to provide for payments of such allocated portion of the approved prospective budget (required under this Act) of the provider as reflects, in accordance with Board regulations, the proportion of the costs in the budget used to provide such services to such enrollees. Prohibits payment for expenditures by an institutional provider for covered services it furnishes to the extent such expenditures are not included in such approved prospective budget. Requires Board regulations to provide for methods of cost apportionment among insurers and HMOs in accordance with specified criteria. Allows such methods to include apportionment based on: (1) the number of treatments of particular conditions or diagnoses; (2) the relative value of the health-care services furnished (with respect to indices of relative values to be established by the Board); or (3) the number of admissions, patient days, diagnoses, or other easily determinable factor that may fairly allocate costs. Allows a State health board, when regulations provide for more than one apportionment method, to select and require the use of one such method. Requires each institutional provider in a State with an approved prospective budget to transmit annually to the State Health Board an experience report which shows the differences between the actual expenditures and services provided by the provider and those allowed for in its approved prospective budget. Directs the State Health Board to provide for: (1) the retention by the provider of one-half of savings produced by actions which lowered expenditures below those predicted; and (2) adjustments, to the extent appropriate, in the amounts of payments made by insurers and HMOs or in the prospective budget for the following year to correct unintended differences in the amount or source of payments to a provider. Provides for payment to a provider, other than an institutional provider (defined as including hospitals, skilled nursing facilities, home health agencies, community health centers and clinics, and, to the extent provided by the National Health Board, HMOs), for covered services (other than drugs, hearing aids, durable medical equipment, or laboratory services) in accordance with the lowest of: (1) the fee charged by the provider; (2) the fee agreed upon between the provider and the insurer or HMO; or (3) the applicable maximum fee schedule for the service (established by this Act). Allows the National Health Board, upon the recommendation of a State Health Board, to increase the payment to a physician provider on an individual basis to recognize performance of unusual merit by such physician. Allows such a provider to elect to be paid on a salary or fee-for-time basis if the total amount payable in a year is not greater than the total amount payable for the equivalent amount of services as computed by the applicable maximum fee schedule. Provides for payment to a provider for: (1) durable medical equipment and laboratory services in accordance with the lowest of: (A) the charge for such service; (B) the charge agreed upon between the provider and the insurer or HMO; or (C) maximum reasonable cost for such service; and (2) drugs and hearing aid; (B) the charge agreed upon between the provider and insurer or HMO; or (C) the highest fee permitted under the applicable fee schedule. Provides for payment to a provider for other covered services in accordance with the lowest of: (1) the charge for the service; (2) the charge agreed upon between the provider and the insurer or HMO; or (3) the maximum reasonable cost of the service, as established by the State Health Boards in accordance with national guidelines and standards. Allows the National Health Board to permit experimental or demonstration methods of reimbursement which will further the purposes of this Act. Provides for periodic review of reimbursement methods. Sets forth procedures with respect to the budget limitations, including the following: (1) monitoring by the State Health Boards, the consortia (all the clearinghouses certified under this Act with respect to the financing of covered services), insurers, and HMOs of payment made to providers; (2) reporting by insurers and each consortium of excessive payments; (3) investigation and corrective actions by the State Health Boards; (4) shifting of funds among categories of services or providers and use of contingency funds for excess expenditures due to unforeseen circumstances; (5) modification of reimbursement methods; (6) additional certifications by State Health Boards of the need for particular services; and (7) requiring insurers and HMOs to make payments for services during certain periods. Allows philanthropic contributions and supplemental payments by State and local governments to finance services additional to those reimbursed under this Act. Stipulates that capital expenditures assisted by such assistance shall not be recognized by a State Health Board in its review of prospective budgets and maximum fee schedules. Requires each institutional provider to submit to the State Health Board its proposed prospective budget for the subsequent year which covers all medical services (not merely covered services) and includes the following: (1) anticipated costs, broken down by schedules for specified costs; (2) the proportion of such costs associated with covered services; and (3) anticipated revenues, broken down by source with respect to each class of items of anticipated costs. Authorizes the National Health Board to require accompanying documentation relating to specified factors for purposes of review. Specifies the manner in which certain costs shall be treated in such prospective budgets, including the following provisions: (1) the costs of all physicians' services under contract with the provider shall be included and the amount budgeted for such services shall be reasonable in relation to the cost of obtaining such services on a salaried or other basis, whichever is less; (2) the total cost of wages and fringe-benefits for nonsupervisory employees shall be included and shall reflect any existing collective-bargaining agreement; (3) the costs of furnishing basic services to ineligible individuals shall be included if no other reimbursement is obtained by the provider; (4) depreciation costs shall not be included, except for certain capital costs, debt repayments, and costs associated with the closing of a facility; and (5) a reasonable rate of return on equity capital with respect to certain proprietary institutions shall be included. Directs the National Health Board, after appropriate consultation, to establish guidelines respecting review and approval by State Health Boards of proposed prospective budgets of institutional providers. Requires such guidelines to include: (1) standards to determine which budgets and budgetary elements may be approved without individual scrutiny; and (2) the detailed review of a random sample. Specifies standards which may be included with respect to providers of inpatient services. Requires the guidelines to provide for the collection and reporting of data in such uniform manner as the Board may set. Establishes procedures for the review and approval of prospective budgets by the State Health Boards, including the following provisions: (1) each review shall be made public and shall (A) assess whether changes in services or capital expenditures conform to the current plan of the health systems agency in the area (mandated under title XV of the Public Health Service Act) and the most recent State Health Care Improvement Plan; (B) review the quality, accessibility, and effectiveness of provider services, taking into consideration any relevant findings of professional standards review organizations (PSROs) and of any national provider accreditation organization for that category of provider; (2) a provider shall be given the opportunity to comment on any pending disapproval; (3) the State Health Board shall consider any timely recommendations submitted by consumer groups, the provider, and employee organizations, including negotiated recommendations; (4) a State Health Board may delegate its review functions to an independent entity; and (5) such budgets may not provide for any capital acquisition or expenditure unless the provider has participated in a planning process in accordance with regulations. Requires a State Health Board to approve a budget without modification, taking into account the following factors: (1) total limits on anticipated expenditures; (2) the health systems agency plan; (3) demographic factors; (4) the impact of inflation on budget costs; (5) the effects of any approved capital expenditure or reduction, service modification plans, or future wage increases; and (6) certain other efficiency and cost-effectiveness objectives. Requires resubmission of a budget to the State Health Board if a modification is required for excess expenditures. Disallows payments to an institutional provider for covered services not included in its approved prospective budget. Requires each State Health Board to develop maximum fee schedules for covered services (other than durable medical equipment and laboratory services) after opportunity for negotiations with participating providers. Directs the National Health Board to develop guidelines for such schedules which: (1) establish the relative value of particular services, taking into account specified factors; (2) provide for geographical variations in fees, taking into consideration certain criteria; (3) set the maximum fee for a service which can be provided by two or more categories of health personnel at the lowest of the maximum fees authorized for such categories; and (4) include a formula for allowing annual changes in such schedules. Requires payment for the provision of: (1) durable medical equipment and laboratory services to be the lower of (A) the charge, or (B) the reasonable cost of the equipment or service; and (2) drugs and hearing aids to be the lower of (A) the charge, or (B) the reasonable cost of the drug or aid, plus a reasonable professional fee. Directs the National Health Board to establish guidelines for the reasonable cost of durable medical equipment, laboratory services, drugs, and hearing aids which shall be the lowest cost at which any such item of comparable quality is (or could be made) generally available in an accessible area. Provides for the computation of the professional fee with respect to drugs and hearing aids. Outlines procedures for the use of negotiations to determine the amounts of payments to providers. Directs the National Health Board to establish criteria for the selection of the negotiating groups for each of the following groups of providers: (1) hospitals; (2) skilled nursing facilities; (3) home health care agencies; (4) other institutional providers, including community health centers, migrant health centers, and health clinics; (5) physicians; (6) other non-institutional providers, such as pharmacists, physical and occupational therapists; and (7) hospital employees. Sets forth requirements for representation within such groups. Requires that the selection guidelines by the National Health Board shall provide for: (1) differences in the sizes of the various negotiating groups; (2) proportional representation for each type of health- care provider; (3) three-year terms for each representative; and (4) nomination and election methods. Provides that such negotiations shall concern: (1) limitations with respect to payments made to institutional providers on the basis of approved prospective budgets; (2) maximum-fee schedules; (3) reasonable cost levels with respect to durable medical equipment, laboratory services, drugs, and hearing aids; and (4) other cost control methods. Allows a State Health Board to incorporate within its annual State budget the provision of any agreement reached as the result of such negotiations which would keep expenditures within the budgetary limits. Title III- Part C, Determining Amounts of Premiums and Incentive Payments and Benefits - Directs the National Health Board to establish, in conjunction with the adoption of the Annual Budget and after negotiations with consortia, participating insurers, and HMOs: (1) a national community-rated premium; and (2) a national premium rate. Requires the national community-rated premium to be set so that, if such amount were paid by the members of each family enrolled through an employer plan, the total premiums paid would equal the anticipated expenditures under the Annual Budget, including payments to providers for basic services and administrative costs, but excluding administrative costs for the National and State Health Boards, PSROs, contingency funding, and the costs of covered services to persons who are Medicare-SSI-AFDC-eligible, residents of Federal or State institutions, or members of the uniformed services on active duty. Requires that the national premium rate be set so that the sum of all wage-related and non-wage related premiums, the government payment for unpaid private premiums, and the voluntary premiums under international agreements equals the anticipated expenditures for covered services to Medicare-eligible, SSI-eligible, and AFC-eligible individuals, and residents of Federal and State institutions. Directs the Board to establish a group-related premium for SSI-eligible individuals and for residents of Federal and State institutions who are enrolled in a qualified plan. Requires that: (1) such premium be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) such premium be adjusted annually to reflect the actual cost experience with respect to such expenditures. Provides that the national community-rated premium and the national premium rate are to apply as the State community-rated premium and the premium rate for each State, unless a State is able to provide for reduced premiums by negotiating a lower level of approved expenditures than would otherwise be provided for in the national budget. Requires each State to establish a group-rated premium for AFDC-eligible individuals and residents of State institutions. Requires that such premium: (1) be set so that the total amounts paid on behalf of such individuals equals the expenditures for furnishing care to such persons; and (2) be adjusted annually to reflect the actual cost experience with respect to such expenditures. Permits a participating insurer or HMO to offer eligible individuals (other than Medicare eligibles) an incentive to enroll in a qualified plan by providing additional services or by paying dividends or cash rebates on premiums. Permits an HMO to offer such incentives to Medicare-eligible persons. Sets forth requirements with respect to such dividend and cash rebates, including that: (1) in the case of employed enrollees, they be divided between the employees and employer in accordance with Board procedures; and (2) they not be treated as taxable income to individuals or income under federally-assisted welfare programs, nor reduce any credit relating to a limit on the amount of private premium payments. Sets a limit on the amount of premiums paid with respect to members of a family unit as employees and by members of the family unit. Provides for a refund to families of amounts in excess of such limit. Title III-Part D, Payment and Collection of Premiums - Requires each employer to pay to the applicable consortium on behalf of each employee for each payroll period an amount equal to the product of the wages paid during such period and the applicable State premium rate. Permits an employer (subject to any collective-bargaining agreement) to require employees to pay up to 35 percent of such amount. Requires an employer to pay any voluntary contributions such employee may wish to have made on his behalf. Permits an employer to obtain certification from the Board as an impacted employer and so qualify for: (1) a payment from the Board if such employer is a State employer or nonprofit employer; or (2) a tax credit with respect to other employers. Specifies the formula for determining such payment or credit. Defines terms for the purposes of this section. Requires all persons (with specified exceptions) to pay to the applicable consortium an amount equal to the product of one-half the State premium rate and the amount of non-wage-related income of such persons' family units. Requires such persons to file quarterly information returns in accordance with Board regulations. Authorizes the Board to impose a collection surcharge for untimely payments. Prescribes the payment procedure for premiums under executive agreements. Requires: (1) the Board to make monthly premium payments to consortia on behalf of SSI-eligible individuals and residents of Federal institutions; and (2) each State to make monthly premium payments to consortia on behalf of AFDC-eligible individuals and residents of State institutions. Sets forth rules regarding Government compensation to consortia for certain uncollected premiums and an assessment against State or local governments which fail to make a required employer payment. Title III-Part E Distribution of Premiums - Requires the consortia to: (1) compute for each capitation individual an amount equal to the average anticipated expenditure in the State budget for the individual, including certain administrative costs and funds for the contingency fund, but excluding the administrative costs of the State health board; and (2) report such amounts to the Board for review. Requires each consortium to adjust capitation amounts to reflect for a specific capitation individual: (1) the relative actual costs of providing covered services in the area of such person's residency; and (2) the actuarial risk associated with the individual's characteristics. Requires that such risk adjustment be made to eliminate financial incentives for insurers or HMOs to practice risk selection or experience rating. Requires that the total of capitation amounts and adjusted capitation amounts for enrollees in a State be equal to the total expenditures in the State budget for the provision and administration of covered services, excluding State health board administrative expenses. Requires each consortium to apportion to its members an adjusted capitation amount for each capitation individual and a group-rated premium for each group-rated individual. Requires these amounts to be paid to members in installments consistent with Board guidelines. Directs the Board to provide supplementary payments from the Health Resources Distribution Fund to participating HMOs in operation for less than five years. Requires consortia to provide, in accordance with Board guidelines, for redistribution of collected premiums to assure that each consortium is provided an adjusted capitation amount for each capitation individual, and a group-rated premium for each group-rated individual. Directs each consortium to maintain a contingency fund for expenditures for unforeseen circumstances beyond the control of insurers or HMOs. Authorizes the Board, in any year when premiums collected are less than amounts provided in the annual budget, to guarantee the principle and interest of loans issued by the consortia to assure adequate revenues. Sets forth requirements with respect to such loans. Directs the Board, in any year when premiums collected are greater than provided for in the annual budget, to provide for the consortia to distribute such excess funds, including appropriate adjustments in subsequent national and State budgets. Title IV: Administration-Part A, National Health Board and State Health Boards Establishes an independent, five-member National Health Board, to be appointed by the President, to (among other specific functions): (1) establish commissions, bureaus, divisions, offices, and other entities required by this Act or deemed appropriate; (2) perform the functions of a participating insurer, HMO, or consortium with respect to any area or group of insurers for which there is no certified insurer or consortium; (3) perform the functions of a State health board with respect to any State in which such a board has not been established; (4) establish administrative procedures with respect to consumer and provider appeals from State health board decisions; (5) be responsible for the general implementation of this Act; and (6) study and evaluate on a continuing basis the operation of this Act. Transfers to the Board all functions of the Secretary of HEW relating to specified provisions of: (1) the Social Security Act (including Maternal and Child Health Services, Professional Standards Review Organizations, Medicaid, and Medicare); (2) the Public Health Service Act (but excluding, among other provisions, certain provisions of title III (Administration), title IV (National Research Institutes), title V (Miscellaneous), title X (Population Research), and title XIV (Safety of Public Water Systems)); (3) the Community Mental Health Centers Act; (4) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; (5) the Drug Abuse Office and Treatment Act of 1972; and (6) the provision of health care services to Indians (Public Law 94-437). Requires the Board to have: (1) an Ombudsman, to investigate complaints about program operation; (2) an Advocate, to assist consumers in determining and protecting their rights to services; (3) an Inspector General, to direct the auditing and investigative activities of the Board. Directs the Board to establish the following Commissions: (1) Commission on Benefits, to review and make recommendations with respect to the provision of basic covered services under qualified plans and determine their cost and effectiveness in improving public health; (2) Commission on Quality, to review and make recommendations with respect to the quality of health services provided under this Act; (3) Commission on Access, to review and make recommendations with respect to the utilization of covered services by the different categories of eligible individuals; and (4) Commission on Health Care Organization, to review and make recommendations with respect to the cost and effectiveness of methods for the delivery of services. Requires at least one-half of the members of each Commission to be consumers or representatives of consumers and to include appropriate representation of health care providers and other participants. Establishes: (1) a nine-member Commission on the Health of Americans, to be appointed by the President, to conduct an ongoing review of the health status of the U.S. population and to review a broad range of proposals for improving such health status, including research, environmental programs, highway safety, public health programs, and personal health services programs; and (2) under the direction of the National Health Board, a National Institutes of Health Care Research which shall be composed of (A) an Institute of Health Statistics, (B) an Institute of Health Services Research, and (C) an Institute of Health Technology Evaluation. Transfers to such Institutes certain functions of the Secretary under the Public Health Service Act. Requires each State to charter as a public corporation a State health insurance corporation in accordance with Board guidelines. Directs each State health board (that is, the board of directors of the State corporation) to establish an ombudsman, an advocate, and such advisory commissions as are appropriate to carry out its functions. Delineates the duties of such boards. Title IV - Part B Participating Insurers, Health Maintenance Organizations, and Consortia - Directs the Board to certify an insurer or HMO when certain conditions are met, including a participation agreement between the Board and the insurer or HMO containing specified provisions. Requires the insurer or HMO to: (1) become a member of the appropriate consortium; (2) offer enrollment in at least one qualified health plan which provides basic services without a charge other than the premium; (3) accept during open enrollment all eligible persons in the order they apply without restriction, up to its capacity (but permits the Board to provide for enrollment limits to reflect needs for cost-effective services and for special characteristics of self-insurers); (4) issue an enrollment card for each enrolled person; (5) pay participating providers in amounts no greater than permitted under this Act; (6) report to the State health board and its consortium on payments made and expenses incurred; (7) maintain and afford access to records by the consortium, State health boards, and the Board and provide confidential treatment of individually-identifiable records; (8) offer any rebates or other benefits to all enrollees on the same basis; (9) establish hearing procedures for an enrollee or provider who is dissatisfied with respect to certain services or payments; and (10) comply with other reasonable regulations respecting marketing and customer service practices which the Board establishes. Directs the Board to agree that, in return for agreed-upon services and understandings, the insurer or HMO is to be paid by its consortium for each enrollee in a qualified plan. Requires the Board to certify in each State one consortium for each of the following types of insurers or HMOS: (1) a Blue Cross-Blue Shield consortium, representing nonprofit State- chartered medical/hospital service corporations; (2) a commercial insurance carrier consortium, representing profit-making commercial insurers not directly furnishing health care services; (3) a prepaid group practice HMO consortium; (4) an individual practice association HMO consortium; and (5) a self-insurer consortium. Permits an insurer or HMO to serve as a member of a different consortium with the approval of the Board and the consortium. Sets forth requirements with respect to these consortia including: (1) a participation agreement between the Board and the consortium containing specified provisions; (2) that the consortium provide for premium collection and reallocation and pay members for each enrollee; (3) that a contingency fund be maintained; (4) that certain information be reported regularly to the Board; (5) that the consortium negotiate with provider groups in establishing prospective budgets and maximum fee schedules in areas where its members offer plans; (6) that certain review procedures be established for dissatisfied enrollees and providers; and (7) that other regulations be followed. Establishes as a defense in any civil or criminal antitrust action brought with respect to actions by a participating insurer or HMO or consortium that such actions were taken in the course of performing duties required under agreements entered into under this Act. Directs the Board, after consultation with the Attorney General and the Federal Trade Commission, to prescribe standards and procedures for the conduct of insurers, HMOs, and consortia which is consistent with the promotion of competition. Directs the Board to investigate complaints by a participating insurer or HMO that another participating organization has engaged in anticompetitive activity. Title V: Health Care Improvement Program - Directs the National Health Board to establish a program to improve the distribution of health care resources in the United States in order to promote the improvement in the quality, accessibility, and efficiency of services provided under this Act. Establishes in the Treasury the Health Resources Distribution Fund. Directs the Board to make grants to the State health boards from the Fund for projects to achieve the purposes of the program, including: (1) the conversion or closure of health care facilities; (2) the provision of health care services in health manpower shortage areas; (3) renovations of institutional health care facilities; (4) HMO and other delivery systems; (5) educational programs for health professionals to meet projected needs; and (6) continuing professional education programs. Requires that the Board allocate an amount to each State health board based on the State's needs as reflected in the National Health Care Improvement Plan. Requires that each State health board provide for a program for the education of consumers concerning health and their rights and privileges under this Act. Directs the Board to: (1) study the impact of this Act on, and means of improving, the Medicaid programs, and report appropriate recommendations to Congress within five years of enactment; (2) provide for the development and demonstration of methods to improve (A) the coordination of services by different providers, (B) the provision of services, and (C) peer review and control of utilization and quality in the provision of drugs, laboratory services and other services under this Act and Medicare; (3) provide for demonstration projects to evaluate the feasibility of providing hospice services as part of basic covered health-care services; (4) provide for an analysis of provider malpractice and the provision of malpractice insurance, and report recommendations to Congress within two years of enactment. Directs the Board to provide for the conduct of a demonstration project in the organization, delivery, and financing of personal care services to groups likely to require such services. Requires that the Board make grants for establishing and maintaining programs to provide personal care services for a substantial population of persons residing in their homes who would otherwise be required to reside in an institution providing personal care services. Sets forth requirements with respect to such program. Directs the Board to transmit to Congress a comprehensive report with appropriate recommendations within five years of enactment. Title VI - Part A, Effective Dates, Transition Provisions, Amendments for a special national premium rate for the period between October 1 and December 31 of the Sets forth effective dates for provisions of this Act. Provides year before the first effective year. Directs the Board to establish for localities within each State maximum fee schedules applicable to services reimbursed under Medicare Part B for the period between July 1 and January 1 of the first effective year. Requires the Board to establish regulations, guidelines, standards, and procedures providing for the orderly administration of the Act, and to report to Congress within 18 months of enactment its progress in establishing implementation procedures. Directs the General Accounting Office to report to Congress within 18 months of enactment on the Board's progress. Provides that this Act does not alter or affect any contractual or other nonstatutory obligation of an employer to pay for or provide health services to present or former employees if the effect shifts the obligation in any part to such persons. Sets forth provisions relating to transfer of functions. Title VI - Part B, Medicare-Related Amendments - Amends title XVIII of the Social Security Act (Medicare) to conform such Act with the Health Care for All Americans Act. Eliminates the prohibition against Federal supervision or control over the practice of medicine and the compensation of employees and officers of health care providers. Includes the following changes among those relating to eligibility: (1) broadens Medicare entitlement to include citizens of the U.S., persons legally admitted for permanent residence, and certain other persons aged 65 and over; (2) deletes the 24-month waiting period for eligibility for the disabled; and (3) entitles individuals to enroll in a participating HMO. Changes Medicare Part B from a voluntary insurance program to an entitlement program financed by premium payments and Federal funds. Includes the following among the changes relating to the scope of benefits: (1) deletes the limitation on inpatient hospital days; (2) adds mental health day care services; (3) replaces the existing limitation on inpatient psychiatric hospital services with a 150 consecutive day limit for Medicare purposes and a 45 consecutive day limit for purposes of the Health Care for All Americans Act. Limits payment for outpatient psychiatric services and services related to the diagnosis or treatment of mental illness to an annual amount equal to 20 times the fee set forth in the maximum fee schedule for a psychiatrist's visit. Limits to $100 payment for certain outpatient therapy services in the therapist's office or beneficiary's home. Conforms coverage for end-stage renal disease with the provisions of the Health Care for All Americans Act. Includes the following among the changes relating to exclusions from coverage: (1) extends the applicability of exclusions to the Health Care for All Americans Act; (2) stipulates that preventive services are not excluded; (3) excludes hearing aids and related examinations only if they exceed one every three years, and one per individual; (4) eliminates the exclusion relating to orthopedic shoes; (5) permits the waiver, under certain conditions, of the foot care exclusions for persons with diabetes mellitus; and (6) adds a new exclusion for insulin or outpatient prescription drugs for chronic conditions exceeding maximum amounts established by the Board. Makes technical and conforming amendments to Medicare Parts A and B relating to: (1) requirements for certification and requests for payment; (2) agreements with participating providers; (3) the use of State agencies to determine compliance with conditions of participation; (4) PSROs; and (5) payments to HMOs. Requires providers prescribing outpatient prescription drugs to use only generic or other names and specify such amounts as the Board may provide to insure quality and efficiency. Makes certain revisions with respect to payments to institutional and other providers and the administration of benefits. Repeals the deductible and coinsurance provision of the Medicare Part A program and the existing definition of "reasonable cost." Expands the definition of employment subject to the Medicare hospital insurance tax to include employment with Federal, State, and local governments, service performed for charitable organizations, service performed by certain employee representatives, certain students, and other organizations. Repeals provisions relating to the establishment of the Health Insurance Benefits Advisory Council. Applies certain procedural provisions of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) to Medicare and to the Health Care for All Americans Act. Amends title XIX of the Social Security Act (Medicaid) to establish a new arrangement for the determination of the Federal Medicaid payment, by which payment is to be equal to "excess State payments" according to a specified formula. Increases the Federal share of certain State Medicaid expenditures, including: (1) the training and compensation of skilled professional personnel (from 75 to 90 percent); (2) operation of management information systems (from 75 to 90 percent); and (3) general administration (from 50 to 90 percent). Establishes certain additional State Medicaid plan requirements including that States: (1) continue to provide services (other than those covered under the Health Care for All Americans Act) in the amount, duration, and scope as were covered by the States in the quarter before the first effective year of the program; (2) pay premiums on behalf of AFDC-eligible recipients; and (3) reimburse providers in a manner consistent with methods established by the Board. Requires any State not having a Medicaid program to enter into an agreement with the Board by which the State agrees to pay premiums on behalf of AFDC-eligible recipients and receives financial assistance from the Board. Amends title XI of the Social Security Act (General Provisions and PSROs) to: (1) extend the provisions for uniform reporting and disclosure of ownership and related information to the Health Care for All Americans Act; and (2) repeal the provisions relating to limitations on capital expenditures and programs for determining the qualifications of certain health care personnel. Amends the Internal Revenue Code to eliminate the present deduction for health insurance payments. Permits a deduction for amounts of medical expense not compensated for by insurance, in excess of three percent of adjusted gross income. Adds a new excess health insurance credit for impacted employers. Establishes special rules for computing such credit with respect to controlled groups of corporations and employees of partnerships and proprietorships which are under common control. Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to make conforming and certain other revisions with respect to the organization and operation of HMOs.
United States · United States Congress · 3 August 1979
Amends the National Labor Relations Act to provide that any employee who is a member of and adheres to a bona fide religion, body, or sect historically holding conscientious objection to joining or financially supporting a labor organization shall not be required to do so. Allows such employee to be required in an employment contract to pay sums in lieu of and equal to dues and initiation fees to a nonreligious, nonlabor, charitable organization chosen by the employee. Authorizes the labor organization to charge such employee the reasonable cost of any grievance-arbitration procedure instigated by and for such employee's benefit.
United States · United States Congress · 2 August 1979
Nutrition Labeling and Information Amendments of 1979 to the Federal Food, Drug, and Cosmetic Act -- Amends the Federal Food, Drug, and Cosmetic Act to require the publication of additional nutritional information on food package labels. Authorizes exemptions from prescribed guidelines for such labeling if the Secretary of Health, Education, and Welfare determines that compelling local conditions require the application of a satisfactory, but otherwise federally-pre-empted, State or local labeling statute or regulation. Authorizes the Secretary to approve demonstrations to ascertain the most effective methods of organizing a food label and of conveying required information to consumers. Requires written evaluations of such demonstrations. Directs the Secretary, in consultation with the Secretary of Agriculture, to develop, pilot test, and implement a program of consumer education on how to use nutrition labels effectively. Directs the Secretary to notify the Federal Trade Commission of the nutritional information required on labeling and to recommend what information should be required on advertising.
United States · United States Congress · 2 August 1979
Department of Agriculture Nutrition Labeling and Information Act of 1979 - Directs the Secretary of Agriculture, after consultation with the Secretary of Health, Education, and Welfare, to develop and implement a nutrition labeling and information system for meat, meat food products, poultry, and poultry products capable of use as human food. Specifies general contents of such nutrition labeling. Authorizes exemptions from the requirements of this Act to the extent that compliance is impracticable, would result in unfair competition, or is not necessary to provide such health information to consumers. Vests the United States district courts with jurisdiction to specifically enforce, and to prevent and restrain violations of this Act. Authorizes the Secretary to approve demonstrations to ascertain the most effective methods of organizing the information on labels of such meat and poultry products. Requires written evaluations of such demonstrations. Authorizes the Secretary to develop and publish a standardized reference on the nutrient composition of all foods. Authorizes appropriations for fiscal years 1981 through 1983 for the development of such reference. Directs the Secretary to notify the Federal Trade Commission of the nutrition information required on labeling and to recommend what information should be required on advertising. Requires the Secretary to develop and promulgate a system of retail quality grade standards for meat, poultry, and dairy products, fresh fruits, and vegetables, expressed in a uniform nonmenclature. Requires all such products sold after implementation of such standards to be conspicuously labeled with such standards, or with the statement: "Not quality graded by the United States Department of Agriculture." Requires implementation of the grade system two years after enactment.
United States · United States Congress · 1 August 1979
Expresses the sense of the Senate that low-income elderly and handicapped individuals be appointed to, or serve as advisers to, State commissions regulating public utilities.
United States · United States Congress · 31 July 1979
National Employment Priorities Act of 1979 - Requires a business concern to give notice, with an economic impact statement, to the Secretary of Labor and to affected employees, labor organizations, and local governments whenever such business concern intends a change of operations at an establishment which will result in an employment loss in any 18-month period for the lesser of 100, or for 15 percent, of the employees at such establishment. Requires, with exceptions, that such notice be given within specified periods of time (varying according to the number of employees affected) before such business concern reduces the weekly wages or suspends or terminates the employment of any employee in connection with such change. Directs the Secretary to investigate and hold public hearings on specified matters related to such change upon receipt of a written request for such investigation from an affected labor organization or from at least ten percent of the employees at such establishment. Requires such request to be made within 60 days of receipt of notice. Authorizes the Secretary to investigate and hold closed hearings on such matters, without regard to whether such notice is given, upon: (1) a determination that such investigation would serve the purpose of this Act; or (2) a request from at least 50 percent of such employees. Empowers the Secretary to issue subpoenas for witnesses and evidence in such investigations. Directs the Secretary to prepare and publish a report of such investigation. Makes employees who accept employment with such business concerns, with knowledge that such notice has been given, ineligible for specified assistance under this Act. Requires such business concerns to give written statements of employment status to employees whose weekly wages are lowered by a specified amount or who are suspended or terminated. Stipulates that an employee will be deemed to suffer an employment loss if a business concern fails to: (1) give such a statement of employment status to an employee; or (2) include in such statement an assurance of increased wages or reinstatement. Requires a business concern which gives such assurance, yet fails to prevent such employment loss, to pay such employee a lump sum in a specified amount in addition to other required payments. Requires a business concern, for a 52-week period following an employment loss, to make payments: (1) to the employee in a weekly income maintenance payment equal to 85 percent of such employees's wage rate or 100 percent of such rate while such employee participates in specified training programs and (2) to specified employment benefit plans for such employees. Sets forth conditions under which such payments may be reduced or limited. Stipulates that such payments are not to be deemed wages for all other purposes, including specified employee benefit plans. Requires such business concerns to pay moving expenses for employees who resume employment with the same business concerns within three years. Requires such business concerns to continue weekly income maintenance payments to employees between 53 and 61 years of age when the 52 week payment period expires. Directs the Secretary to reimburse such business concerns for such continued payments. Directs the Secretary to make transitional assistance payments to employees upon their request whenever a business concern fails to make such payments. Provides that the amount of such payments shall then be owed, with interest, to the United States by such business concern. Makes a business concern which transfers ownership or control of an establishment to avoid liability for transitional assistance payments liable to the United States for a specified amount if the owning or controlling business concern fails to provide such assistance. Requires such business concerns to offer employees who suffer an employment loss any available employment, with equivalent wages and benefits, at any establishment of such business concerns for a three-year period after such employment loss. Sets forth such former employees' rights to credits and benefits in employee benefit plans and such business concerns' liability for payments to such plans. Stipulates that specified violations shall be deemed violations of the Employee Retirement Income Security Act of 1974, for which civil actions may be brought. Directs the Secretary, in consultation with specified groups, to implement a comprehensive assistance program (including existing or new programs of job training, job placement, and payments for job search and moving expenses) for employees who suffer or may suffer employment loss. Authorizes the Secretary to develop and implement retraining programs and to condition specified assistance to business concerns upon their implementation or assistance with such programs. Directs the Secretary to issue certificates of Federal procurement credit to business concerns which comply with this Act for appropriate periods if the Secretary finds that such assistance would provide additional employment opportunities through the cooperating concerns. Sets forth conditions of eligibility for assistance of business concerns, local governments, and certain employers or cooperative associations of employees. Authorizes the Secretary to provide specified forms of such assistance, giving priority to those which enable employees to continue at their present establishment. Makes such business concerns liable to local governments which lose revenue because of such changes of operations. Sets forth formulas for determining the amount of such liability. Directs the Secretary to pay such amounts to local governments if a business concern fails to do so (with such amount to be owed, with interest, to the United States by such business concern). Makes business concerns which transfer operations to an establishment outside the United States, when an economically viable alternative to such transfer existed, liable to the United States for lost revenues according to specified formulas. Sets forth criminal and civil violations and penalties. Enumerates violations of employees' rights and remedies for such violations. Directs the Secretary to: (1) recover overpayments for specified Federal assistance to employees obtained through a knowing deception; (2) maintain specified operating reserves; and (3) record mortgage security on specified loans. Provides procedures for congressional disapproval of rules promulgated by the Secretary to carry out this Act. Directs the Secretary to make specified reports and legislative proposals to the Congress. Sets forth general powers of the Secretary in carrying out this Act. Directs the Secretary to implement this Act through the National Employment Priorities Administration. Authorizes the Secretary to delegate any function, power or duty under this Act to the Administrator of the National Employment Priorities Administration. Establishes the National Employment Priorities Administration in the Department of Labor to: (1) perform such delegated functions, powers and duties; (2) conduct research on the relationship between unemployment and changes of business operations; and (3) identify services and products which may profitably be provided by business concerns receiving specified assistance. Establishes the National Employment Priorities Advisory Council to: (1) advise and assist the Secretary in carrying out this Act; (2) evaluate programs under this Act; (3) study and report on those areas of future economic activity in which the United States will be at a competitive disadvantage and on industries in which many businesses may change operations; and (4) research and propose new assistance programs for employees, local governments and business concerns. Authorizes appropriations to carry out this Act.
United States · United States Congress · 30 July 1979
National Student Loan Reform Act - Declares the purposes of this Act to be to: (1) ensure capital availability for student loans by strengthening the campus-based direct loan program; (2) adjust repayment schedules, and otherwise improve collection procedures, to make repayment sensitive to ability to repay and to reduce the default rate; and (3) guarantee loans to eligible borrowers so as to facilitate providing the expected family contributions (or, in the case of independent students, the expected self-help contribution) to the cost of higher education. Amends the Higher Education Act of 1965 to direct the Student Loan Marketing Association (Association) to enter into agreements with eligible institutions for making low-interest loans to students directly through such institutions. Sets forth the terms of such agreements. Stipulates that: (1) the conditions of such loans shall be determined by the institution, subject to any requirements or limitations prescribed by the Association; (2) the amount of such loans shall equal the cost of attendance minus any scholarships or other loans, the expected family income or self-help contribution, and any other Federal assistance; (3) such loans will be made to accepted or attending students in financial need who are carrying at least one-half the normal academic workload; and (4) such loans shall be evidenced by a written agreement. Stipulates with regard to repayment that: (1) the repayment period shall begin nine months after a student graduates or ceases to carry the required workload, and continue for a maximum of 15 years; (2) repayment may be in either equal or graduated installments at the option of the student borrower; (3) payments may be accelerated or paid in full without penalty; (4) the interest rate shall be seven percent; (5) no security or endorsement shall be required unless the student borrower is a minor; (6) the loan shall be cancelled upon the death or permanent total disability of the student borrower; (7) no repayment shall be required while the borrower is in school, or for up to three years while in the Armed Forces, Peace Corps, or a volunteer under the Domestic Volunteer Act of 1973; (8) repayment extensions may be made; and (9) partial ban cancellation shall be made for certain teaching positions and combat veterans. Establishes a loan program guaranteed by the Association to meet the cost of the expected family contribution under this Act. Authorizes necessary appropriations to the student ban insurance fund for such loans and related expenses. Transfers such funds availability from the Commissioner of Education to the Association. Provides that the Association shall pay an eligible institution ten dollars per academic year year for each enrolled student on whose behalf such family-contribution loan is made. Limits such new family-contribution loans to fiscal years 1981-1985, and prohibits payments for existing loans after September 30, 1989. Stipulates with regard to such family-contribution loans: (1) the institution must certify to the lender the amount of the expected family contribution; (2) such loans shall be 100 percent insured; (3) the student must have been accepted, or already enrolled, on at least a half- time basis; (4) such loans will be made without security and without endorsement; (5) repayment shall begin no more than nine months after graduation or after the student ceases to be at least a half-time student, and shall be over a period of not less than five nor more than ten years; (6) principal need not be paid (but interest shall accrue) if the student is enrolled at least half-time (including graduate school), in a rehabilitation training program, or unable to find (for up to 12 months) full-time employment; (7) interest, at a rate of one percent less than the Treasury rate, shall accrue and paid during the term of the loan, except that such interest may be deferred until repayment of the principal starts; and (8) payments may be accelerated without penalty. Provides that, upon application by an eligible lender, the Association shall issue certificates of insurance covering the loan and setting forth the amount and terms of the insurance. Authorizes the Association to issue to a lender a certificate of comprehensive coverage to cover all qualifying loans made by such lender within a specified cutoff date and up to a specified aggregate maximum. Sets forth lender recovery procedures for defaulting loans. Provides that the Association shall repay the loans of bankrupt, diseased, or disabled borrowers. Revises provisions regarding special allowance payments to lenders to: (1) change the formula for computing such allowance; and (2) extend the five percent limit on such allowance from October 1, 1977, to October 1, 1980. Eliminates the provision providing for a District of Columbia student loan insurance program. Authorizes Federal credit unions to make family-contribution loans to eligible borrowers. Terminates existing lending programs (Guaranteed Student Loan Program and the National Direct Student Loan Program) six months after the enactment of this Act. Provides for the dissolution of the existing Student Loan Marketing Association and the assumption, and expansion, of such Association's functions by a newly created Association. Includes within such new Association's functions: (1) the authority to continue to purchase, sell, collect or otherwise deal in specified existing student loan programs; (2) the authority to contract with State guaranty agencies (and compensate them for services) for collecting student loans, distributing loan funds to institutions, monitoring and auditing student loan programs, and providing technical assistance and information regarding such loans. Authorizes the Association to issue notes, bonds, or other obligations, with the concurrence of the Secretary of the Treasury. Provides that the obligations of the Association shall constitute general obligations of the United States.
United States · United States Congress · 26 July 1979
Amends the Motor Vehicle Information and Cost Savings Act to stipulate that an automobile manufacturer's failure to comply with any average fuel economy standard shall not be deemed "unlawful conduct" under such Act unless the Secretary of Transportation has determined that: (1) any credits which the manufacture may have received for exceeding such standards in any model year do not fully offset any penalty for failure to achieve such standards; and (2) the time for which such credits could be earned to offset such a penalty has expired. Allows such a credit to be used to offset any penalty which may have been assessed against the manufacturer in the three consecutive years prior to the model year in which the manufacturer exceeds such a standard.
United States · United States Congress · 25 July 1979
Amends the Motor Vehicle Information and Cost Savings Act to stipulate that an automobile manufacturer's failure to comply with any average fuel economy standard shall not be deemed "unlawful conduct" under such Act unless the Secretary of Transportation has determined that: (1) any credits which the manufacturer may have received for exceeding such standards in any model year do not fully offset any penalty for failure to achieve such standards; and (2) the time for which such credits could be earned to offset such a penalty has expired. Allows such a credit to be used to offset any penalty which may have been assessed against the manufacturer in the three consecutive years prior to the model year in which the manufacturer exceeds such a standard.
United States · United States Congress · 21 July 1979
Urban Grant University Act of 1980 - Amends the Higher Education Act of 1965 to authorize the Commissioner of Education to make grants to urban universities (as defined by this Act) to assist them in carrying out urban-oriented projects. Sets forth grant application guidelines, including a requirement that no project grant may exceed 90 percent of such project's total cost. Stipulates that any institution receiving assistance under this Act shall be designated as an "urban grant university." Requires the Commissioner to publish annually a list of such urban grant universities. Limits the annual amount of such assistance to institutions in any one State to 15 percent of the total amount paid.
United States · United States Congress · 17 July 1979
Health Maintenance Organizations Medicare Reimbursement Amendments of 1979 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions relating to payments to and contractual arrangements with health maintenance organizations (HMO) on behalf of individuals eligible for Medicare. Directs the Secretary of Health, Education, and Welfare to determine annually a per capita rate of payment for each class of individuals entitled to benefits under such title who are enrolled pursuant to this Act with a HMO. Directs the Secretary to define classes of members based on such factors as age, sex, institutional status, disability status and place of residence. Provides a rate for each class equal to 95 percent of the adjusted average per capita cost for that class. Defines the term "adjusted average per capita cost" to mean the average per capita amount that the Secretary estimates would be payable for services furnished under the Medicare program, if the services were to be furnished by other than an HMO. Provides that every individual entitled to benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) of title XVIII or part B only shall be eligible to enroll with an HMO with which the Secretary has contracted to provide services. Sets limits on an HMO's premium rate and the actuarial value of its other charges for individuals enrolled under this Act. Authorizes the Secretary to contract with any HMO that can provide the benefits required by this Act.
United States · United States Congress · 12 July 1979
Directs the Commissioner of Education to make a grant to Tuskegee Institute to construct a building on the campus in memory of the late General Daniel "Chappie" James. Stipulates that such building shall: (1) contain the papers and memorabilia concerning James; and (2) serve as the Tuskegee Institute Art Museum.
United States · United States Congress · 11 July 1979
Environmental Emergency Response Act - Defines containment as the onsite actions taken in the event of a discharge or release or significant threat of discharge or release of a hazardous substance from a hazardous substance disposal site to prevent or minimize such discharge or release. Defines hazardous substance as: (1) any hazardous substance so designated by the Clean Water Act; (2) any hazardous waste having the characteristics identified under or listed pursuant to the Solid Waste Disposal Act; (3) any toxic pollutant listed under the Clean Water Act; (4) any hazardous air pollutant listed under the Clean Air Act; (5) any imminently hazardous chemical substance or mixture as defined by the Toxic Substances Control Act; (6) any substance or mixture designated as a hazardous substance by the President pursuant to this Act; or (7) any element, substance, compound, or mixture which after release into the environment and upon exposure, ingestion, inhalation or assimilation into any organism, directly or indirectly, will or may reasonably be anticipated to cause death, physical or behavioral malfunction or disease. Directs the President to promulgate and revise regulations designating as hazardous substances, in addition to those defined above, such elements and compounds which, if released in a determined quantity into the environment, may present substantial danger to the public health or environment. Prohibits the discharge of any hazardous substance in violation of the Clean Water Act or the release or disposal of such substances which may affect the natural resources belonging to, appertaining to, or under the exclusive management authority of the United States. Directs any person in charge of any vessel or onshore or offshore facility which is discharging, releasing, or disposing of a hazardous substance to immediately notify the appropriate agency of the United States Government of such discharge, release, or disposal. Establishes criminal penalties for failing to provide such notice. Requires any person subject to liability for a noncomplying waste disposal site to notify the Administrator of the Environmental Protection Agency (EPA) within a specified period of: (1) the existence of such site; (2) the amount and type of hazardous substances to be found at such site; and (3) the likelihood of discharge or release of such substances from such site. Establishes criminal penalties for failing to provide such notice. Precludes such persons from any limitation or defense of liability to which they would otherwise be entitled. Prohibits such persons from knowingly rendering unavailable or unreadable any record relating to the to the site or any hazardous substances contained or deposited therein. Authorizes the Administrator to establish and enforce such control or removal requirements as are deemed appropriate to protect the public health and environment from any hazardous substance disposal site not in compliance. Authorizes the President to take any emergency response measure including removal or containment, necessary to protect the public health or the environment whenever a hazardous substance is discharged or released into the environment, unless it is determined that the owner or operator of the source of the release will properly remove such substance. Directs the President, within a specified period, to revise and republish the National Contingency Plan for the removal of oil and hazardous substances to reflect and effectuate the responsibilities and powers created by this Act. Specifies that such revision include a National Hazardous Substance Disposal Site Response Plan, such plan to include: (1) methods for discovering and investigating such sites; (2) methods for evaluating and containing any actual or threatened discharges or releases from such sites which pose a substantial danger to the public health or the environment; (3) methods and criteria for determining the appropriate extent of emergency response, containment, and other measures authorized by this Act; (4) appropriate roles and responsbilities for various governmental and nongovernmental entities in effectuating the Plan; (5) provision for response equipment and supplies; and (6) provision for reporting the existence of and any releases of hazardous substances from sites which may be located on federally-owned or controlled properties. Authorizes the Administrator to require any person involved in activities which may present a danger to public health or the environment related to the handling, storage, treatment, transportation, or disposal of any hazardous substance to take any necessary actions to ascertain the nature and extent of such danger, or to bring suit in the appropriate United States district court to require any such person to take such actions. Makes the owner or operator of a vessel or an onshore or offshore facility from which a hazardous substance is discharged jointly and severally liable for specified damages resulting from such discharge, with specified exceptions. Authorizes the President or the authorized representative of a State to act on behalf of the public as trustee of any natural resources damaged or lost as a result of such discharge and to recover for such damages. Stipulates that each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government shall be subject to and comply with this Act. Imposes liability upon any generator or transporter of any hazardous substance for such discharge by the facility which was the source of the discharge if such generator or transporter could have reasonably anticipated such discharge. Imposes punitive damages upon the owner or operator of a hazardous substance disposal site for failure to properly provide emergency response or containment upon request of the President. Establishes in the United States Treasury a Hazardous Substance Response Fund to be constituted from specified fees, and all moneys recovered on behalf of the Fund or recovered or collected under the Clean Water Act. Requires manufacturers, importers, and generators of hazardous substances to pay fees on each unit of hazardous substance produced, manufactured, or imported into the United States and each unit of hazardous waste generated. Authorizes the Secretary of the Treasury to promulgate rules and regulations relating to the collection of such fees, and sets forth civil and criminal penalties for violation of such regulations. Authorizes the Secretary to invest any excess of the Fund in interest-bearing special obligations of the United States. Directs the President to issue notes or other obligations to the Secretary in the event the moneys available in the fund are inadequate to meet the obligations of the fund. Directs the Administrator of EPA, the Commandant of the Coast Guard, and the Comptroller General to conduct a study of possible incentives to safer operation of vessels and facilities to reduce the potential of discharges or releases of hazardous substances, and of measures to prevent or avoid the occurrence of such discharges. Sets forth the purposes for which Fund moneys may be used. Authorizes the President to delegate his duties under this Act to the heads of appropriate Federal agencies, departments, and instrumentalities. Directs the President to establish a national priority system for responding to releases of hazardous substances and a system whereby States affected by such discharges may act to provide emergency response and be reimbursed for reasonable costs incurred thereof. Directs the President to notify an owner, operator, or guarantor of a vessel or an offshore or onshore facility of any allegation as to costs incurred for removal or damages resulting from the discharge of a hazardous substance for which such person would be liable under this Act. Sets forth procedures for the disposition of claims resulting from such discharges. Establishes a six year statute of limitation for claims presented or actions commenced under this Act. Subrogates to the United States Government all rights of a claimant to recover the costs of removal or damages from the person responsible for a hazardous substance discharge prior to payment of any claim by the Fund. Subrogates any person, including the Fund, who pays compensation pursuant to this Act to any claimant for damages or removal costs, to all rights, claims, and causes of action for such damages and removal costs of such claimant. Directs the Attorney General, upon request of the President, to commence on action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act. Directs the President, acting through the Administrators of the EPA and the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service, to issue regulations for the assessment of damages for injury to or loss of natural resources resulting from a discharge of hazardous substances. Directs the Comptroller General to provide for auditing of all payments and other uses of the Fund. Requires owners and operators of vessels carrying hazardous substances and of onshore and offshore facilities to establish and maintain evidence of financial responsibility in an amount consistent with the risks associated with the transportation, treatment, storage, or disposal of hazardous substances. Imposes civil penalties on such persons for failure to comply with such requirements. Authorizes judicial review of any regulation issued under this Act only in the United States Circuit Court of Appeals for the District of Columbia. Grants jurisdiction to the United States district courts over all controversies arising under this Act. Makes conforming amendments to the Clean Water Act. Transfers to the Fund one-half of any sums appropriated under the oil and hazardous substances liability provisions of such Act and all of the sums appropriated under the emergency powers provisions of this Act. Terminates the authority to establish and collect fees under this Act on October 1, 1986.
United States · United States Congress · 10 July 1979
Amends the National Labor Relations Act to provide that the duty to bargain collectively includes bargaining with respect to retirement benefits for retired employees.
United States · United States Congress · 26 June 1979
Defense Production Act Amendments of 1979 - Amends the Defense Production Act of 1950 to authorize the President to allow the Department of Energy and the Tennessee Valley Authority to guarantee loans for the purpose of expediting deliveries or services with respect to national defense contracts. Increases the maximum loan which any Federal agency may guarantee under such Act without the approval of Congress from $20,000,000 to $38,000,000. Requires notification to specified Congressional committees of any proposed obligation above such limit. Authorizes the agency involved to guarantee such a loan if neither House of Congress disapproves of such action within a specified time. Authorizes the President to provide loans to private business enterprises for the production of energy. Increases the ceiling for loans made to private enterprises pursuant to such Act from $25,000,000 to $48,000,000. Extends the President's power under such Act to purchase raw materials for the national defense through fiscal year 1995. Directs the President to attempt to achieve a national production goal of at least 500,000 barrels per day crude oil equivalent of synthetic fuels and synthetic chemical feedstocks within five years. Authorizes and directs the President to require fuel and chemical feedstock suppliers to provide synthetic fuels and synthetic chemical feedstocks in any case where the President deems it practicable and necessary to meet national defense needs. Authorizes the President, in carrying out these objectives, to: (1) contract for purchases or commitments to purchase synthetic fuels and synthetic chemical feedstocks which may be for Government use or resale; and (2) encourage the development and production of such synthetic fuels and feedstocks for national defense preparedness. Terminates the President's authority to enter into such contracts at the end of fiscal year 1995. Sets forth procedures for the awarding and performance of such contracts. Authorizes the President to organize corporations to meet the production goal for synthetic fuels and feedstocks as set forth in this Act. Sets forth Congressional oversight measures with respect to the formation of such corporations. Authorizes appropriations of $2,000,000,000 for synthetic fuel and feedstock contracts as authorized pursuant to this Act. Extends specified provisions of such Act through fiscal year 1980.
United States · United States Congress · 25 June 1979
Trucking Competition and Safety Act of 1979 - Title I: Economic Regulation and Antitrust Immunity - Directs the Interstate Commerce Commission in carrying out its functions with respect to motor carriers of property and freight forwarders to consider the following as being in the public interest: (1) maximum reliance on competitive market forces to provide transportation services; (2) the improvement of truck safety; (3) reduced concentration of market power; (4) the reduction of regulatory barriers to entry into the industry; (5) the encouragement of entry to and additional service for small and isolated communities; and (6) strengthening of smaller carriers to ensure efficient service and to promote competition. Stipulates that, where a motor carrier's certificate authorizes the carrier to provide transportation between any two points but only in one direction, or between points but without authority to make intermediate stops, the Commission shall revise such authority to permit transportation between the two points in either direction and to permit intermediate stops. Authorizes a motor carrier providing regular route service to automatically add to its authority on a yearly basis in accordance with procedures and standards developed by the Commission which will emphasize increasing opportunities for new or better service to smaller and isolated communities and which will be so structured as to minimize the need for Commission intervention. Directs the Commission to develop a program to allow motor carriers of property to provide more direct service between any points authorized in their certificate, regardless of any gateway or route requirements in such certificates. Prohibits the Commission from requiring carriers to serve a single shipper or plant, or from requiring that a carrier provide transportation via a designated route or through a designated locality. Directs the Commission to provide for the gradual phaseout over a three year period of all Commission restrictions on commodities or categories of commodities that may be carried by motor carriers of property. Authorizes a motor carrier to petition the Commission to remove a commodity restriction, to broaden the categories that the carrier may transport or to allow it to provide transportation over a less circuitous route or in a less costly fashion. Directs the Commission to approve such an application within 90 days unless it is proven by an opponent to the application that such a change is not consistent with the public convenience and necessity as determined by this Act. Revises the conditions for certification of motor carriers of property. Stipulates that a finding that an application for certification is consistent with the public convenience and necessity shall not be required in order to provide service between points not served by another certified motor carrier of property, to provide service as a substitute for abandoned rail service, or to transport shipments weighing no more than 500 pounds. Directs the Commission in determining whether service is consistent with the public convenience and necessity to disregard any possible diversions of revenues or traffic of other carriers. Directs the Commission to accord substantial weight in favor of an application where such service would be reasonably likely to: (1) lower the applicant's average operating costs; (2) improve the applicant's equipment utilization, fuel efficiency, or service; (3) meet user or consumer preference; (4) improve service to small communities; or (5) generally improve the competitive climate of the area to be served. Places the burden of showing that an application for service is inconsistent with the public convenience and necessity on an opponent of such application. Places restrictions on the right of a motor carrier of property to challenge such applications. Sets forth time limits during which the Commission must reach a decision on such applications. Stipulates that if a decision is not reached within such period the application shall be deemed so granted. Exempts, with specified exceptions, motor vehicles controlled by cooperative associations from the Commission's jurisdiction. Exempts from the Commission's jurisdiction: (1) food and edible products whether processed or not which are intended for human consumption; (2) livestock and poultry feed; (3) agricultural seeds, plants, limestone, soil conditioners, fertilizers, and chemicals; and (4) farm tractors and farm machinery. Authorizes the Commission to make further exemptions if such an exemption is consistent with the transportation policy set forth in this Act. Authorizes contract carriers of property to establish through routes and joint rates with other carriers. Stipulates that with regard to applications to become a motor contract carrier or freight forwarder the applicant shall have the burden of showing that he or she is fit, willing, and able to perform such service. Stipulates that in determining whether or not the application is consistent with the public interest and national transportation policy, the opponent, if any, shall have the burden of proof. Sets forth a range of rate increases and decreases for motor common carriers of property or freight forwarders which the Commission may not find to be unreasonable. Sets forth factors which the Commission is to take into account when prescribing a rate, classification, rule, or practice for transportation or service by carriers or freight forwarder. Stipulates that the Commission may only investigate motor carrier rates upon complaint. Makes rate bureaus for motor carriers of property and freight forwarders subject to the antitrust laws. Prohibits the Commission from suspending any proposed rate increase or decrease if such proposed new rate falls within the zone of reasonable rates established by this Act. Prohibits the Commission from suspending any other proposed rate changes unless it can be shown by a verified complaint of a person that the complainant would incur substantial injury without such a suspension and that it is likely that the complainant will prevail on the merits. Limits such a suspension to a maximum period of three months. Stipulates that with respect to rates filed before January 1, 1984, the Commission may not require more than 15 days prior notice of any rate change by a motor common carrier of property or freight forwarder. Authorizes the Commission to reduce such time period if it finds that such a reduction would be in the public interest. Stipulates that after January 1, 1984, all such rates may become effective upon publication. Prohibits the Commission from approving consolidation, merger, or acquisition of control agreements with respect to motor carriers of property if the Commission finds that as a result of such a transaction there is likely to be a substantial lessening of competition, creation of a monopoly, or a restraint of trade unless the Commission finds that the anticompetitive effects of the transaction are outweighed by significant transportation needs that cannot be satisfied by a reasonably available alternative having materially less anticompetitive effects. Removes the Commission's jurisdiction with regard to such transactions five years after the enactment of this Act. Exempts from the Commission's jurisdiction motor transportation to and from a domestic air carrier that is part of a combined surface and air movement of freight. Removes entry and rate controls over truckload motor carriers two years after the effective date of this Act. Directs the Secretary of Transportation, in cooperation with the Interstate Commerce Commission and the Department of Justice, to prepare and submit to Congress by January 1, 1983, a report on the implementation of this Act and whether continued regulation of the trucking industry is required. Removes the Commission's authority over securities for motor carriers of property. Title II: Commercial Motor Vehicle Safety - Directs the Commission to seek the advice of the Secretary of Transportation with regard to the safety-related aspects of whether a person is fit, willing, and able to provide transportation services. Stipulates that the Commission shall be bound by the Secretary's determination. Stipulates that this requirement shall not apply to transportation brokers or water carriers. Sets forth time limits and procedures regarding such determinations by the Secretary. Authorizes the Secretary to suspend the transportation authority of individuals who, because of safety-related matters, are no longer fit, willing, and able to provide transportation services. Sets forth procedural requirements for such suspensions. Provides for judicial review of determinations made by the Secretary pursuant to this Act. Authorizes the Secretary to promulgate regulations regarding safety-related aspects of transportation services. Directs the Secretary to establish rules, regulations, and standards to assure the safe operation of commercial motor vehicles. Authorizes the Secretary to conduct such research, development, demonstration, and training activities as may be necessary to develop such rules and regulations. Grants the Secretary the authority to enter upon, inspect, and examine facilities, equipment, operations, and records without advance notice to carry out the Secretary's responsibilities under this Act. Requires a warrant for such an entry or inspection except under specified circumstances. Sets forth procedures and requirements for obtaining such warrants. Sets forth civil and criminal penalties for violations of this title, violations of regulations issued under this Act, or violations of any other regulations administered by the Bureau of Motor Carrier Safety. Authorizes a State to regulate commercial motor vehicle safety unless the Secretary has adopted a rule, regulation, standard, or order regulating that aspect of motor vehicle safety. Authorizes a State to adopt additional or more stringent regulations so long as they do not create an undue burden on interstate commerce and are not incompatible with Federal regulations. Requires the Secretary to timely investigate nonfrivolous complaints alleging material violations of commercial vehicle safety rules or regulations. Prohibits an employer from discriminating against an employee for making such a complaint, for testifying with regard to such a complaint, or for refusing to operate a vehicle where such operation would constitute a violation of Federal motor carrier safety standards. Authorizes the Secretary to make grants to States for the development or implementation of programs for the enforcement of Commercial motor vehicle safety standards. Authorizes appropriations for fiscal years 1981, 1982, and 1983 to carry out such grant program. Title III: Miscellaneous - Sets forth the effective date of this Act.
United States · United States Congress · 25 June 1979
Supplemental Security Income Amendments of 1979 - Amends title XVI (Supplemental Security Income) of the Social Security Act to increase the amount of income an individual may receive and still qualify for SSI benefits. Increases the amount of SSI benefits payable. Increases SSI benefit payments to institutionalized individuals. Eliminates the benefit reduction for an SSI recipient living in the household of another person who receives support and maintenance in kind from such person. Excludes from the income of an individual, for the purpose of determining SSI eligibility, the cost of attendant care services and medical devices necessary to enable a severely disabled individual to work. States that a disabled individual by reason of his or her earnings shall not be considered able to engage in substantial gainful activity, for the purpose of determining eligibility for SSI benefits unless such earnings exceed the level at which the portion not excluded under title XVI equals the benefit that would be payable under title XVI if such individual had no income of any kind. Increases the SSI emergency payment made on the basis of presumptive disability from $100 to the full SSI payment. Authorizes reductions in State SSI supplementary payments.
United States · United States Congress · 21 June 1979
Amends the Internal Revenue Code to allow farmers an income tax credit equal to ten percent of the value of farm crops (wholesale market price or most recent sale price) contributed to a tax-exempt charitable or educational organization. Requires, as a condition of eligibility for the credit, that: (1) the crop be harvested by, or on behalf of, the donee; (2) the crop be fit for human or animal consumption; (3) the use of the crop by the donee be related to the purpose constituting the basis of its tax exemption; (4) the crop not be transferred by the donee in exchange for money, other property, or services; and (5) the taxpayer receive from the donee a written statement that the crops are being used in accordance with the requirements of this Act. Terminates the credit after December 31, 1982.
United States · United States Congress · 20 June 1979
Fuel Energy Conservation Act of 1979 - Establishes uniform national standards for weight and length of vehicles using the Interstate and Defense Highway System.
United States · United States Congress · 14 June 1979
Elderly and Disabled Food Stamp Amendments of 1979 - Amends the Food Stamp Act of 1977 to allow for households containing a member who is 60 years of age or over or who receives supplemental security benefits under title XVI of the Social Security Act: (1) an excess medical deduction for that portion of the actual cost of allowable medical, dental, and other specified health care costs in excess of $35 a month, adjustable semi-annually to reflect changes in the Consumer Price Index; (2) an additional dependent care deduction; and (3) an additional excess shelter expense deduction, without the $75 ceiling.
United States · United States Congress · 4 June 1979
Basic Fuel Assistance Act of 1979 - Directs the Secretary of Health, Education, and Welfare (HEW), in cooperation with the Secretary of Energy, the Director of the Community Services Administration (CSA), and the Secretary of Housing and Urban Development, to establish a Community outreach and information program to assist and encourage the low-income elderly and others eligible for assistance under this Act in obtaining Federal, State, or local energy-related assistance, including energy audits, counseling, educational services, alternate energy technologies, and weatherization. Establishes a program to provide assistance to such persons for meeting primary residential fuel costs. Sets forth criteria for determining the amount of such assistance, and requirements for eligibility. Directs the Secretary of HEW to contract with specified State agencies to administer and distribute such assistance payments, and authorizes reimbursement of 90 percent of the costs of such program administration. Sets forth a system of making payments to fuel suppliers supplying fuel to eligible recipients. Requires suppliers to keep full records and submit them to the Comptroller General as needed for auditing purposes. Prohibits suppliers from refusing to sell fuel to eligible participants solely on the basis of their participation in the basic fuel assistance program. Imposes criminal penalties for violations of this Act. Directs the Director of CSA to establish a crisis intervention program to supplement the basic fuel assistance program with evacuations, emergency shelter, home repair, or payment of bills. Authorizes the appropriation of $40,000,000 for each of fiscal years 1980, 1981, and 1982, for such crisis intervention program.
United States · United States Congress · 24 May 1979
National Technology Innovation Act of 1979 - Directs the Secretary of Commerce to establish and maintain an Office of Industrial Technology to enhance technological innovation for the improvement of the economic, environmental and social well-being of the United States. Requires the Secretary to prepare and submit to the President and Congress, within three years after the date of enactment of this Act, a report on the progress, findings, recommendations, and conclusions of activities conducted. Requires the President, with the advice and consent of the Senate, to appoint a Director of the Office who shall provide assistance for the establishment of Centers of Industrial Technology, whose activities shall include: (1) research supportive of technology and industrial innovation including cooperative industry-university basic and applied research; (2) assistance in the evaluation and development of technological ideas supportive of industrial innovation and new business ventures; (3) technological assistance and advisory services to industry; and (4) curriculum development and instruction in invention, entrepreneurship, and industrial innovation. Declares that such centers shall be affiliated with a university or nonprofit institution, and authorizes the Director to make available nonrenewable planning grants to such universities or nonprofit institutions for the purpose of developing a plan for the management and evaluation of the activities proposed within the particular Center, including the consideration of means to place the Center on a self-sustaining basis. Declares that each Center has the option of acquiring title to any invention conceived under the auspices of the Center that was supported at least in part by Federal funds and that the Secretary shall obtain title to any invention for which such option is not exercised. Authorizes the Director to make grants and enter into cooperative agreements to assist any activity established under this Act. Prohibits any such grant or cooperative agreement from exceeding 75 percent of the total cost of the program or project involved. Sets forth the terms and conditions for such grants or cooperative agreements. Requires the Director to seek the advice and cooperation of departments and agencies whose missions contribute to or are affected by the programs established under this Act. Authorizes the Director to receive moneys from other departments and agencies to support activities of the Centers. Establishes an independent committee to be known as the Industrial Technology Review Panel which shall review annually the activities of the Office and advise the Secretary and the Director with respect to such activities. Authorizes appropriations to carry out the purposes of this Act through fiscal year 1984.
United States · United States Congress · 24 May 1979
Energy Antimonopoly Act of 1979 - Amends the Clayton Act to prohibit any entity, or subsidiary thereof, which produced or had an interest in a total of 35,000,000 barrels of crude oil, condensate, and natural gas liquids in 1975 from acquiring control or a majority of the assets of any other entity whose assets exceed $100,000,000.
United States · United States Congress · 24 May 1979
Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to include within the coverage of the OASDI program the Vice President, all Members of Congress, and employees of the legislative branch. Directs the Director of the Office of Personnel Management to undertake a study of the problems involved and alternatives available in reconciling coverage for Members of Congress and employees of the legislative branch under the Civil Service Retirement System and under the OASDI program.
United States · United States Congress · 22 May 1979
National Agricultural Bargaining Act of 1979 - Repeals the Agricultural Fair Practices Act of 1967 and establishes an agricultural bargaining policy substantially identical but expanded. Enumerates the unfair practices a handler of agricultural products is forbidden to commit under existing law, and adds a list of unfair practices an association of producers may not commit, including: (1) refusal to bargain in good faith with a handler over prices, terms of sale, and compensation for products produced under contract; (2) coercing or intimidating a handler to breach or terminate marketing contracts and association membership agreements; (3) circulating false reports about an association's or handler's finances, management, or activities; and (4) conspiracy to commit an unfair practice. Requires the Secretary of Agriculture to accredit an association for bargaining if it meets specified requirements. Defines good faith bargaining for the purposes of this Act and specifies the conditions and procedure for the accreditation of producer associations. Requires each accredited association to submit an annual report to the Secretary. Directs the Secretary to notify any association of the ways in which he believes it has ceased to maintain accreditation standards, and to allow it a reasonable time to answer or correct the deficiencies noted. Provides a procedure for revocation of accreditation. Provides for the assignment of association dues and fees. Authorizes the Secretary to: (1) provide mediation services when bargaining between a handler and an association reaches an impasse; and (2) establish a procedure for compulsory and binding arbitration whenever such an impasse will result in a serious interruption in the flow of products to consumers, or will cause substantial economic hardship to the procedures or handlers involved in the bargaining. Provides an administrative procedure for processing charges of unfair practices, but authorizes the Secretary to institute inquiries on his own motion, and to commence a civil action for injunctive and other relief. Specifies the Secretary's investigative powers. Establishes civil and criminal penalties for the violation of this Act.
United States · United States Congress · 22 May 1979
Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage for care and services provided during pregnancy and for 60 days following the termination of pregnancy to any woman whose resources do not exceed specified limitations.
United States · United States Congress · 15 May 1979
Amends title XX (Grants to States for Services) of the Social Security Act to authorize payments to States for the cost of emergency shelter or services provided to an adult in danger of physical or mental injury, neglect, maltreatment, or exploitation.
United States · United States Congress · 9 May 1979
Congratulates the men and women of the Apollo program upon the tenth anniversary of the first manned landing on the Moon and requests the President to designate the period of July 16 through July 24, 1979, as "United States Space Observance" in honor of such event.
United States · United States Congress · 3 May 1979
Drug Regulation Reform Act of 1979 - Title I: Amendments to Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act to expand the definition of "person" subject to the coverage of the Act to include an agency of government. Establishes civil penalties for any violation of such Act and criminal penalties for negligent commission of prohibited acts. Requires any new drug to meet standards of identity, stability, and bioavailability, as well as of strength, quality, and purity. Requires drug manufacturers and distributors to prepare information labeling for patients containing: (1) a summary of the benefits and risks of use of a drug; (2) adequate directions for use; and (3) information about proper storage and handling. Requires pharmacies to keep a book available to patients containing the labeling information for the 100 most frequently sold prescription drugs. Authorizes the Secretary of Health, Education,and Welfare to require retail drug sellers to post the retail prices of designated prescription drugs. Requires manufacturers and distributors to prepare information labeling for practitioners regarding indications, contraindications, and other pertinent matters. Directs the Secretary to afford private organizations the opportunity to prepare, publish, and distribute an index of all prescription drugs and revisions thereof; and if, at the end of three years following enactment, no private index is forthcoming, to prepare one with drugs arranged by diagnostic and therapeutic categories and listed by established name. Permits the Secretary, by order, to require adequate notification to patients, practitioners, and all other necessary persons regarding any substantial risk of illness or injury posed by a drug, if such notification is an effective means to eliminate or reduce such risk. Authorizes the Secretary to disseminate information regarding the safety, effectiveness, and proper use of drugs, and to determine therapeutically equivalent or nonequivalent prescription drugs. Specifies requirements for any promotion labeling issued by or on behalf of a drug manufacturer or any other person under whose proprietary name the drug is distributed. Prohibits the provision of any services or transfer of any property worth more than $5.00 by a manufacturer or distributor with the intent to influence any specified person to buy, prescribe, or dispense one or more particular drugs. Prohibits the distribution of free samples by a manufacturer or distributor, except in specified circumstances. Prohibits any pharmacist or agent from disclosing any prescription information to any person except the patient, the practitioner, another pharmacist for purposes of filling or refilling it, or a State or Federal officer or employee under certain circumstances. Prohibits manufacturers and distributors from obtaining or attempting to obtain prescription information. Changes the ground for immediate suspension of approval of a drug application from "imminent hazard to the public health" to "unreasonable risk of illness or injury to any segment of the population." Requires clinical investigators to obtain voluntary informed consent, in writing, of all human beings, or their representatives, to whom a drug is administered in order to investigate the benefits and risks of such drug. Directs the Secretary to issue written, non-mandatory guidelines regarding protocols and methods for conducting drug investigations. Specifies factors of the health benefits versus risks analysis required for the determination of the safety of a drug. Requires the Secretary to approve the application for a drug proven safe but not proven effective if it is to be prescribed to treat a life-threatening or severely debilitating condition, there is no other effective method of treatment, and there is significant, if not substantial, scientific evidence that such drug is effective. Eliminates existing specified requirements for the certification of drugs containing insulin and antibiotic drugs. Allows the Secretary discretion to impose specified additional requirements as a condition for approval of any drug application. Authorizes the appointment of advisory committees to assist in making the determinations authorized by such Act. Authorizes the Secretary to subpoena witnesses and records in any matter relating to implementation or enforcement of such Act. Allows the manufacture for export, or export of, a drug without an export permit if it is manufactured, packaged, labeled, and distributed in compliance with specified requirements. Title II: National Center for Drug Science - Amends the Public Health Service Act to establish in the Department of Health, Education, and Welfare the National Center for Drug Science, with a Division of Policy and Research and a Division of Clinical Pharmacology and Clinical Pharmacy Training. Directs the Center to conduct an ongoing program of drug science policy research, either directly or by grant or contract, and an ongoing review and analysis of drug use in the United States which shall result in an annual Drug Experience Assessment Report. Directs the Director of the Center to make grants to schools of medicine, osteopathy, dentistry, pharmacy, podiatry, nursing and training centers for allied health professions for the expansion of existing programs and the establishment of new programs. Authorizes appropriations for demonstration projects, traineeships, and fellowships. Establishes a National Advisory Board on Drug Science to assist the Director and to review and comment on the activities of the Center. Title III: Establishment of the Food and Drug Administration - Establishes within the Department of Health, Education, and Welfare the Food and Drug Administration. Transfers to the Administration specified functions under specified Acts.
United States · United States Congress · 2 May 1979
Amends the Food Stamp Act of 1977 to allow, for households containing one or more members 60 years of age or older, an excess medical deduction for the portion of the actual cost of allowable specified medical costs in excess of $35 a month, adjustable semiannually to reflect changes in the Consumer Price Index.
United States · United States Congress · 30 April 1979
Alcohol Abuse and Alcoholism, Drug Abuse, and Mental Health Amendments of 1979 - Amends the Comprehensive Alcohol and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 to extend through fiscal year 1982 the authorization of appropriations for: (1) implementation of the Uniform Alcoholism and Intoxication Treatment Act (makes the amount of such grants discretionary with the Secretary of Health, Education, and Welfare); (2) financial assistance for the prevention and treatment of alcoholism; and (3) National Alcohol Research Centers. Extends authorization of appropriations through fiscal year 1981 for alcoholism research and review of such research. Revises: (1) certain reporting requirements under title I of such Act (National Institute on Alcohol Abuse and Alcoholism); and (2) the duties of the Interagency Committee on Federal Activities for alcohol Abuse and Alcoholism. Defines State for purposes of such Act. Amends the Drug Abuse Office and Treatment Act of 1972 to extend the authorization of appropriations through fiscal year 1982 for drug abuse special project grants and contracts. Revises certain reporting requirements under such Act. Repeals: (1) the general grant program to States under title III of the Comprehensive Alcohol and Alcoholism Prevention, Treatment, and Rehabilitation Act; (2) titles I (Civil Commitment of 1970; in Lieu of Prosecution), III (Civil Commitment of Persons Not Charged with any Criminal Offense), and IV (Rehabilitation and Post-hospitalization Care Programs) of the Narcotic Addict Rehabilitation Act of 1966; (3) the Marihuana and Health Reporting Act; and (4) the formula grant program under the Drug Abuse Office and Treatment Act of 1972. Amends titles III of the Public Health Service Act (General Powers and Duties) to establish a grant program to States for the costs of planning, establishing, conducting, and coordinating alcohol abuse and alcoholism, drug abuse, and mental health prevention, treatment, and rehabilitation activities.
United States · United States Congress · 10 April 1979
Family Protection Act of 1979 - Establishes a minimum monthly benefit amount under part A (Aid to Families with Dependent Children) of title IV of the Social Security Act. Sets the minimum monthly benefit amount furnished to any "assistance unit" at 70 percent of the projected official nonfarm poverty line minus the sum of the unit's income for such month and the average value of the food stamps for which an assistance unit of the same size would have been eligible during the last preceding July if the total income of such unit for such month consisted solely of payments made under a State's AFDC plan. Defines the term "assistance unit" to mean, a dependent child or children and the relative with whom such child is living who are claiming aid, and any other individual in the same home whose needs should be considered in determining the need of such child or relative. Establishes a new formula for determining Federal payments to a State under part A based on either the "Federal public assistance percentage" or the "alternative Federal public assistance percentage," multiplied by the amount expended by the State under the AFDC program, but subject to certain maximum limitations on the Federal matching rate. Sets forth a formula for determining the maximum State monthly benefit subject to Federal matching payments. Permits States to pay under part A reduced benefits in the case of an AFDC child living with a relative who is not legally responsible for such child by pro-rating the costs of shelter and utilities for such child among household members. Limits the amount which may be disregarded from income as child care costs in determining eligibility for part A benefits based on income to $150 per month for one child or $300 per month if the applicant has more than one child. Limits the amount of financial resources which an assistance unit may own and still remain eligible for aid under part A to $1,750 or $3,000 if two or more persons in a unit are over age 60. Requires a State plan to make AFDC payments to an assistance unit with a low-income parent. Considers a parent to have a low income if the income of the assistance unit was such that the unit would be eligible for AFDC payments because there is a "dependent child" as defined in part A, in the unit. Permits States to exclude such individuals from the benefits provided under title XIX (Medicaid) of the Social Security Act. Requires a State to maintain, under part A, a benefit level for an assistance unit of at least the level paid to a unit of the same size and income level in March 1979. Directs the Secretary of Health, Education, and Welfare to pay to a State in addition to other payments now required under part A an amount equal to the excess, if there is an excess, of the "adjusted non-Federal share" for any fiscal year prior to 1986 which exceeds the "adjusted base year amount" for such State. Defines the terms "adjusted non-Federal share" and "adjusted base year amount." Directs the Secretary of the Treasury to pay under part A to a State, at the option of a State: (1) 90 percent of the expenditures for development of mechanized claims processing and information retrieval systems to provide for the effective administration of the State plan under such Title; and (2) 75 percent of State expenditures for the operation of such systems. Provides for an additional reimbursement to a qualifying State based on the State's "negative case action error rate." Defines the term "negative case action error rate" to mean the total of the negative case action error rates for: (1) incorrect denials of applications for assistance or other incorrect dispositions of applications without determinations of eligibility; and (2) incorrect terminations of assistance. Directs the Secretary of Health, Education, and Welfare to set forth the rights and responsibilities of AFDC applicants and recipients including, among others: (1) requiring a State to determine eligibility within 30 days of receiving an application; (2) the right of an assistance unit to protest any agency action; and (3) requiring a State to replace a lost or stolen check within five days. Directs the Secretary to conduct a study of the desirability and feasibility of raising the minimum benefit amount under AFDC to 100 percent of the official nonfarm poverty line, and of raising the maximum benefit amount subject to Federal matching to an amount in excess of 100 percent of the official nonfarm poverty line.
![Official portrait of Sen. Riegle, Donald W., Jr. [D-MI]](https://www.congress.gov/img/member/r000249_200.jpg)