United States · United States Congress · 4 April 1979
Federal Trade Commission Improvements Act of 1979 - Amends the Federal Trade Commission Act to authorize appropriations to the Federal Trade Commission (FTC) for fiscal years 1980 through 1982. Exempts savings and loan institutions from certain reporting requirements and regulatory and investigatory powers of the FTC. Requires the Federal Home Loan Bank Board to: (1) establish a division of consumer affairs to receive and act on complaints concerning unfair or deceptive acts and practices affecting commerce by certain savings and loan institutions; and (2) prescribe regulations, similar to regulations prescribed by the FTC governing corporations, to define and prevent such practices. Amends the rulemaking procedures of the FTC. Requires a copy of each rule promulgated by the FTC to be transmitted to Congress. Prescribes procedures for Congressional review of any such rules and for resolutions of disapproval preventing rules from becoming effective. Directs the FTC to prepare and publish in the Federal Register for any proposed rule: (1) a statement of the need for the rule; (2) a description of each alternative method of achieving the regulatory goal which was considered; (3) a justification of the selection of the final rule; and (4) an economic impact analysis of the rule and each alternative method considered. Directs the FTC to make copies of such analysis available to the public. Requires the FTC to include in the publication of any final rule a statement that such rule is clearly written and does not conflict with or duplicate any existing rule. Directs the Commission: (1) to review its rule every five years to determine whether each rule should be amended or repealed; and (2) to publish each rule under review in the Federal Register for public comment.
United States · United States Congress · 29 March 1979
Communications Act of 1979 - Title I: General Provisions - Declares the purpose of this Act to be the regulation of interstate and foreign telecommunications to the extent that marketplace forces fail to protect the public interest. Title II: Communications Regulatory Commission - Establishes the Communications Regulatory Commission as an independent regulatory agency. States that such Commission shall be responsible for carrying out provisions of this Act relating to: (1) interstate or foreign telecommunications which originate and/or are received within the U.S.; (2) persons engaged within the U.S. in such telecommunications; and (3) the licensing and regulation of broadcast facilities and land mobile or other radio service facilities. States that the Commission shall be composed of five Commissioners appointed by the President, by and with the advice and consent of the Senate. Provides for a sunset review of the Commission and its programs every ten years. Establishes an Office of Consumer Affairs within the Commission. Prohibits Commissioners from engaging in any other business, vocation, profession, or employment. Prohibits Commissioners and supervisory employees from having a financial interest in any telecommunications entity. Requires each Commissioner and every other officer or employee of the Commission to comply with the financial disclosure requirements (Title II) of the Ethics in Government Act of 1978. Requires Commissioners or participating supervisory employees who initiate or receive communications with or from interested parties after commencement of adjudicatory proceedings before the Commission to furnish a written notice and summary of such communications to every other interested party in such proceedings. Enumerates the corporate powers and authority of the Commission. Authorizes the Commission to compensate, for costs of participation in hearings on rates and in rulemaking proceedings, persons: (1) who have, or represent, an interest which would not otherwise be adequately represented and representation of which is necessary for a fair determination of the proceeding; and (2) who are unable to participate effectively in such proceedings because they cannot afford such costs. Stipulates that such compensation provisions are not applicable to hearings relating to: (1) license revocations; or (2) petitions to deny television broadcast station license applications. Title III: Telecommunications Carrier Regulation - Directs the Commission to regulate telecommunications service provided by dominant carriers in the interexchange telecommunications service market only to the extent necessary to protect consumers. Requires that U.S. participation in international telecommunications satellite systems: (1) be in the form of one or more private corporations, subject to government regulation, with maximum competition maintained in the provision of equipment and services used by such systems; and (2) be conducted consistent with U.S. foreign policy and national interest, minimum restraint of trade, and adequate service at low rates. Declares that the flow of information transmitted across national boundaries should not be restricted by any nation, except to protect national security and citizen privacy. Authorizes the Commission to carry out the provisions of this Title with respect to all interexchange and international telecommunications services and facilities, including the local distribution facilities of interexchange carriers if such facilities are not used to provide local exchange telephone service. Authorizes States to regulate local exchange telephone service. Prohibits States from regulating: (1) rates and terms of any other telecommunications service; or (2) the provision of terminal equipment. Authorizes States to determine the boundaries of local exchange areas within such States or, by agreement, including an area in more than one State. Prohibits a local exchange area which includes part or all of one standard metropolitan statistical area (SMSA) from including a substantial part of any other SMSA. Directs the Commission to classify interexchange carriers according to whether they are dominant carriers. States that a "dominant carrier" is one which: (1) furnishes telecommunications service in a substantial percentage of the total number of markets for interexchange telecommunications services and has the ability, in a substantial percentage of those markets, to either raise or lower prices without significantly affecting the amount of service demanded by its customers; or (2) has a monopoly over the ownership, control, or provision of any category of international telecommunications facilities; or (3) has the ability to either raise or lower prices in a market for a particular type of international transmission without significantly affecting the amount of service demanded by its customers. Directs the Commission: (1) to complete such initial classification within one year; (2) to reexamine such classification at least once every three years; and (3) to act in a timely manner on any petition by a dominant carrier for reexamination of its classification. Limits such classification as a dominant carrier, and the regulatory authority of the Commission, to a period of ten years from the effective date of this Act for the domestic interexchange market. Authorizes the Commission to continue beyond such ten-year period, the regulation of dominant carriers providing international transmissions or international telecommunications facilities. Requires that dominant carriers furnish interexchange telecommunications service upon reasonable request and without discrimination as to rates, terms, and conditions or unreasonable restrictions on the resale or sharing of interexchange services or facilities. Requires intraexchange carriers to interconnect with any interexchange carrier upon reasonable request and without discrimination as to rates, terms, or conditions of interconnection. Authorizes the Commission to specify or approve the manner of interconnection between interexchange and intraexchange facilities. Requires intraexchange carriers to connect with all terminal equipment owned or leased by customers which meets uniform minimum technical standards of the Commission. Allows intraexchange carriers, upon State commission approval, to establish charges applied on a nondiscriminatory basis to all local subscribers and all local subscribers and all interexchange carriers seeking to originate or terminate interexchange service through intraexchange facilities. Requires that such charges cover all costs which vary directly with the level of service provided. Provides that such charges may also include a contribution to defray any common costs associated with the provision of local exchange telephone service by the interexchange carrier, to the extent necessary to ensure reasonable rates for such service. Authorizes the State commission: (1) to allow such contribution to be retained by the intraexchange carrier providing the service involved; or (2) to designate a portion to be pooled for redistribution among all intraexchange carriers regulated by the State. Sets, by formula, a ten-year transitional ceiling on the amount that State commissions may require as such contribution. Requires dominant carriers to file with the Commission and make available for public inspection Tariffs showing all rates and terms for any interexchange telecommunications service which they provide. Requires a 30-day period after such notice before any change in such tariffs may take effect. Authorizes the Commission to modify such requirements for good cause shown. Prohibits the Commission from increasing such notice period. States that such rate changes shall become effective after such notice period, unless the Commission rejects them or prescribes an interim rate during the pendency of a rate hearing. Authorizes the Commission, upon complaint or on its own initiative, to order a hearing, within 30 days of the filing of the rate and after notice to the carrier involved, to determine whether such rate is just and reasonable. Authorizes the Commission to require the carrier to keep an accurate account of all amounts received under such rates. Requires the Commission to: (1) approve or disapprove the tariff within one year of designation for hearing; (2) give interested persons an opportunity for participation in the hearing through written submissions; (3) consider the degree of competition in the interexchange market involved; and (4) if such market is substantially competitive, only examine whether the rate is less than the amount required for a just and reasonable rate. Requires that the burden of proof to show that a rate is just and reasonable be upon the dominant carrier, except when the Commission has determined that the market is substantially competitive. Directs the Commission to require dominant carriers to refund, with interest, any unjust or unreasonable amount received under rates which the Commission determines to be more than that which would be just and reasonable. Authorizes the Commission to award treble damages to any carrier which complains (and participates as a party in the hearing) of a rate which the Commission determines to be less than that which would be just and reasonable. Directs the Commission, if it determines a rate is not just and reasonable, to: (1) require the dominant carrier to file within 90 days ,a new rate conforming to Commission requirements; or (2) determine and prescribe a just and reasonable rate. Requires the Commission, in making such rate determinations to: (1) consider costs assigned on the basis of a prospective cost analysis; and (2) develop procedures for implementing a long-run marginal cost methodology. Directs the Commission to prescribe the forms and filing times of accounts and records to be filed by dominant carriers. Authorizes the Commission to make a valuation of dominant carrier property. Directs the Commission to adjust depreciation schedules as the economic value of dominant carrier assets change. Prohibits construing any provisions of this Act as extending immunity from Federal antitrust laws, except specified provisions regarding: (1) certain meetings concerning a nationwide telecommunications network; and (2) the establishment of a task force on international telecommunications facility planning. Allows dominant carriers and their affiliates, notwithstanding any prior consent decree, to engage in unregulated telecommunications activities, or any other unregulated activities incidental to telecommunications. Requires dominant carrier affiliates to: (1) deal with the dominant carrier and other affiliates on the same arms-length basis as it would with non-affiliates; and (2) provide non-affiliates with nondiscriminatory access, with comparable rates and terms, to the same products, services, or facilities provided to affiliates. Authorizes the Commission to have access to records and to prescribe rules necessary to enforce such requirements. Prohibits a dominant carrier or its affiliate from obtaining a radio system license unless: (1) the Commission finds that a substantial portion of the market would otherwise be unserved; or (2) the radio system is already licensed to a dominant carrier. Allows intraexchange carriers to provide facilities for retransmission of broadcast signals and for electronic mass media services. Allows intraexchange carriers which provide local exchange telephone services to also provide, at separate rates, for: (1) the retransmission of broadcast signals; and (2) electronic mass media service, if equivalent facilities and rates are made available for provision of such service by others. Permits carriers to meet with other carriers to plan or agree to the design, plan, construction, and maintenance of a nationwide network of telecommunications services and facilities and to develop applicable technical standards for such services and facilities. Requires that the carriers involved: (1) give prior notice and opportunity to attend, observe or monitor such meetings to the Attorney General; and (2) file meeting transcripts with the Commission, to be made available to the public (with deletions of national security material by the Commission). Requires intraexchange carriers to afford reasonable access for pole attachments to any telecommunications service provider. Authorizes the Commission to regulate rates, terms, and conditions for pole attachments only in the absence of a State certification that such State regulates such matters in the interest of consumers. Permits any carrier to accept and deliver maritime and general telecommunications services for international transmission at any point within the United States. Authorizes the Communication Satellite Corporation (COMSAT) to continue participation as the U.S. designated entity in the International Telecommunications Satellite Organization (INTELSAT) and in the International Maritime Satellite Organization (INMARSAT). Authorizes COMSAT to provide international transmissions to the public through INTELSAT facilities and other means by establishing a maximally separate subsidiary which: (1) shall be considered a telecommunications carrier; and (2) may not provide maritime telecommunications services through INMARSAT facilities Authorizes COMSAT to establish, own, and operate satellite terminal stations and maritime satellite land terminal stations. Directs COMSAT to interconnect such stations with foreign and domestic carriers and private telecommunications systems. Authorizes COMSAT to establish, own, and operate the U.S. share of the international space segment of INMARSAT AND INTELSAT. U.S. carriers, and private telecommunications systems authorized by the Commission to interconnect with satellite earth stations to own such stations. Limits ownership of COMSAT: (1) by any stockholder or group to ten percent of the shares of voting stock; and (2) by aliens and foreign corporations to an aggregate of 20 percent of the authorized shares of stock. Establishes a task force on international telecommunications facilities planning composed of representatives of COMSAT, carriers authorized to enter into agreements with foreign nations, and the National Telecommunications Agency. Designates the Director of such Agency as chairman of the task force and as principal advisor to the President on such issues. Authorizes representatives of the Departments of State and Defense and of the Commission to attend task force meetings as observers. Authorizes COMSAT or any carrier to construct or acquire any international telecommunications facility, if: (1) notice is given to the task force Chairman and to the Commission; (2) authorizes such agreement with the foreign nations involved; and (4) the chairman of the task force, the Secretary of State, and the Commission are kept informed of specified matters. Directs the Commission to investigate such facilities and to make appropriate reductions in valuation, for ratemaking purposes, after conducting a hearing with opportunity for participation by interested persons through written submissions. Sets forth the powers and responsibilities of the President and of the Commission in implementing U.S. policy in international telecommunications. Title IV: Spectrum Use and Licensing - Requires all broadcast services or land mobile or other radio services to be licensed by the Commission. Requires that an application be filed with the Commission before any license applicant may engage in construction of a station or other facility. Stipulates that Commission licenses for such construction shall constitute licenses for the actual operation of the station. Requires forfeiture of such license if the station or other facility completed by the date specified in the license or within an additional period allowed by the Commission, unless the completion of construction is prevented by causes beyond the control of the licensee. Directs the Commission to: (1) examine AM radio broadcast band use and assign such spectrum and distribute licenses taking certain factors into account, to ensure that each U.S. community, regardless of size, has maximum full-time radio broadcast service; (2) distribute vhf commercial TV broadcast station licenses to ensure at least one such station in each State and the District of Columbia; (3) assign the electromagnetic frequency spectrum efficiently; (4) prevent interference between stations; (5) regulate design and use of transmitting apparatus; (6) regulate the interference potential of equipment (with specified exceptions); (7) carry out international telecommunications treaties and other treaties insofar as they relate to radio services; (8) assign frequencies, power use, and operating times for individual stations; (9) classify stations and prescribe nature of service to be rendered by each class; (10) determine station locations; (11) establish areas to be served by stations; (12) regulate performance characteristics of television receivers for sale to the public; (13) inspect radio service installations associated with stations required to be licensed; (14) designate station call letters; (15) require publications of certain data for efficient station operation; and (16) require recordkeeping by stations. Directs the Commission to submit proposed rules which make a substantial change in the spectrum assignment for broadcast station use to each House of Congress, including reasons for such a change and an analysis of its impact on (and recommended changes in) spectrum resource fee provisions of this Act. Directs the Commission to assess an annual spectrum resource fee for all users of the electromagnetic frequency spectrum licensed by the Commission. Requires that such fees take into account: (1) license processing costs; and (2) the scarcity value of the spectrum being assigned. Authorizes the Commission to waive such factor in computing the fee if it determines such value is minimal. Directs the Commission to waive such factor for States or local governments, public broadcast stations, or licenses required by treaty or international law. Directs the Commission to develop such fee schedules within one year, and to enforce existing fees in the interim. Defines the scarcity value for television and radio broadcast licenses as a specified fraction of gross station revenues. Limits the amounts of fees which land mobile radio service licensees must pay. Directs the Commission to grant licenses to applicants for broadcasting and other radio services consistent with the purposes of this Act. Prohibits the Commission from granting certain licenses earlier than 30 days from the receipt of application. Requires the Commission, if there is more than one applicant for a license: (1) to determine, on the basis of information supplied with the application, whether each is qualified; and (2) to grant the license, upon completion of such review, by random selection. Requires that each minority applicant be represented twice in such random selection for television or radio broadcast station licenses at newly available frequencies. Prohibits, with certain exceptions for amateur radio operators, granting a license to any alien, foreign government or foreign corporation to operate any broadcast station or carrier facility, or aeronautical en route or aeronautical fixed radio station. Authorizes the Commission to require that license applicants file specified information, including only such financial information as is necessary to determine whether the applicant can initiate operation of the station or facility. Authorizes the Commission to grant temporary authorities for emergency operations up to 180 days. Authorizes the Commission to: (1) revoke licenses, on its own initiative or in response to a petition, for specified reasons; (2) issue cease and desist orders for specified actions; and (3) modify licenses. Prohibits the Commission from requiring the filing of information previously furnished or not indirectly material to a license proceeding. Provides for the regulation of license assignment and transfer. Prohibits Commission censorship or other regulation of the content of any broadcast or other radio transmission, with specified exceptions. Prohibits the use, sale, or distribution of any device which fails to comply with Commission rules, with certain exemptions. Restricts Commission regulatory authority over radio spectrum users to that expressly provided in this Act. Prohibits States from regulating any radio service offering provided under a Commission license. Exempts international telecommunications facilities from certain licensing requirements. Limits license terms for land mobile or other radio services to no longer than ten years. Authorizes the Commission to renew or suspend such licenses, and to issue operator licenses for transmitting apparatus for such services. Requires that radio signals and communications from ships in distress be given absolute priority. Permits the adjustment of transmitters on ships in distress to produce maximum power regardless of resultant interference. States that radio stations owned by the Federal Government shall not be subject to licensing by the Commission. Sets forth rules for the operation of such stations. Authorizes the President to permit foreign governments to construct and operate certain types of low-power telecommunications facilities and base and mobile stations within the United States for diplomatic messages and personnel protection. Sets forth standards for Commission use in spectrum allocation and management decisions. Directs the Commission to prescribe rules and standards designed to ensure that at least three business organizations may be in competition for radio system services provision in each relevant market, unless this would substantially increase consumer costs. Authorizes the Commission to exempt any user or operator of land mobile or other non-broadcast radio services from any provisions of this title if such exemption is consistent with the purposes of this Act. Limits ownership, operation or control by any person to one TV, one AM radio, and one FM radio broadcast station in the same market. Limits to seven the total number of TV stations which one licensee may control. Stipulates that divestiture of currently owned stations is not required to comply with such restrictions. Directs the Commission to require financial reporting by broadcast station licensees. Prohibits: (1) the transmission of false or fraudulent distress signals; and (2) the rebroadcast or retransmission of programs originated by broadcast stations without express authorization from such stations or persons with exclusive rights to such programs. Limits Commission authority over retransmissions to enforcement of such prohibitions. Prohibits States or local governments from having any authority over such retransmissions. Sets a five-year (previously three-year) period for television broadcast station license terms. Authorizes the Commission to revoke, deny, or renew such licenses. States that, ten years from the date of the formation of the commission, TV broadcast licenses shall be granted or renewed for an indefinite period subject only to revocation for violation of technical standards. Directs the Commission to submit, within nine years of the effective date of this Act, and within each five-year period thereafter, a report to Congress containing certain information and analysis regarding competition in the television broadcast industry and a recommendation as to whether the television industry should be deregulated entirely, in part, or not at all. Directs the Commission to require television broadcast station licensees to: (1) provide news, public affairs, and locally produced programs throughout the broadcast day; and (2) give reasonable time to discussion of controversial issues of public importance and conflicting views thereon ("The Fairness Doctrine"). Directs the Commission to consider Fairness Doctrine complaints only in connection with license renewal applications. Requires TV broadcast station licensees who sell time to legally qualified candidates for public office: (1) to make available equal opportunities for the use of such station through the purchase of broadcast time to all other such candidates; and (2) to have no control over the content or format of such broadcasts. Stipulates that such requirements are not to be construed to oblige any television station licensee to allow the use of such station by any legally qualified candidate for public office. Prohibits the Commission from considering competing applications in determining whether to renew an existing television broadcast station license. Establishes separate procedures to be followed when there is only one applicant and when there are competing applicants for such a license. States that random selection shall be used to determine the one license from more than one application. Establishes procedures for petitions to deny such licenses. Terminates the petition to deny proceeding, ten years after the effective date of this Act, with the exception of actions pending or commenced before the end of such ten-year period. Requires television broadcast station applicants and licensees to notify the Commission of final determinations against them by courts or government agencies finding violation of civil rights or equal employment opportunity laws. Directs the Commission to consider such determinations in deciding whether to grant, revoke, or deny a license. Sets forth the circumstances under which television broadcast station licensees must make announcements regarding payments received for broadcasts. Extends the license terms of all radio broadcast stations from three years to indefinite periods, subject only to revocation for violations of technical standards. Directs the Commission, in classifying radio broadcast stations, to establish a class for public broadcast stations, with minimum eligibility standards for such licenses. Includes among such standards a requirement that the entity using or operating any such station be a public agency or private nonprofit corporation, foundation, or association organized primarily for educational or cultural purposes. Directs the Commission to require public broadcast licensees to: (1) furnish a broadcast service on a nonprofit basis (permitting limited advertiser support); (2) establish a community advisory board; and (3) make reports, board meetings, and advisory body meetings open to the public. Prohibits Federal direction, supervision, or control of any station, educational institution, or non-Federal agency, institution, or association. Stipulates that if public broadcast stations that have purchased facilities through certain Federal programs use such facilities in accordance with this Act, then such use is appropriate even though it may not be entirely noncommercial. Directs the Commission to: (1) consider noncommercial educational broadcast stations in existence on the effective date of this Act as public broadcast stations; and (2) make available for use by public broadcast stations any broadcast frequencies reserved by the Federal Communications Commission before such date for use by noncommercial educational broadcast stations. Title V: Administrative and Judicial Procedures; Penalties - States that administrative rulemaking by the Commission shall be generally in accordance with procedures established for all agency rulemaking. Establishes additional requirements concerning notice, time of response to petitions for rulemaking, and transcripts of oral presentations. Establishes rules, requirements, and procedures relating to adjudications conducted by the Commission and administrative review of Commission acts. Exempts from Commission review certain decisions to grant or deny license applications. Provides for rehearings by the Commission or an employee board, or judicial review, in certain instances. Prohibits rehearing of certain actions to grant or deny a license application. Establishes procedures for service of Commission orders. Authorizes the Commission to suspend or modify such orders. Requires the Commission to issue written reports on its inquiries or investigations. Grants the Commission exclusive authority, with certain exceptions, to commence or defend, and to supervise, litigation of all civil actions under this Act. Allows the Commission to represent itself before the Supreme Court if the Attorney General concurs or refuses or fails to take certain actions. Requires Commission concurrence in any agreements made by the Attorney General in representing the Commission before the Supreme Court. Permits parties to appeal Commission decisions in any United States circuit court. Establishes procedures for petitions for enforcement of Commission orders requiring payment of moneys by dominant carriers. Sets limitations on such actions and on other actions by and against such carriers. Sets penalties, including fines, imprisonment, and forfeitures, for violations of this Act. Establishes procedures for recovery of such forfeitures by the Commission. Establishes penalties relating to: (1) conflict of interest violations; (2) carrier violations; and (3) international carrier violations. Requires disclosure of certain payments received by television broadcast station employees or others involved in television program production or supply. Establishes a private right of action by broadcast program owners injured when their permission to retransmit such programs has not been secured as the exclusive remedy for such violations. Grants the Commission an unconditional right to intervene in such actions. Prohibits, with certain exceptions: (1) employees of certain carriers from divulging or publishing the existence or meaning of interstate or foreign communications; and (2) any person from intercepting (without prior consent of sender or receiver) and using or publishing the contents of any private communication. Establishes certain defenses to prosecution for such violations. Establishes penalties against refusal to testify or supply evidence in response to Commission subpoenas. Provides for venue, witnesses, depositions, joinder of parties, use of records in judicial proceedings, carrier designation of agent for service, and scope of remedies. Title VI: Endowment for Program Development - Authorizes the establishment of a private, nonmembership, nonprofit corporation, the Endowment for Program Development (for educational, cultural, and informational television and radio). Prohibits Federal interference or control of such Endowment. Authorizes appropriations for the Endowment. Provides for the establishment of a nine-member Board of Directors. Requires that all meetings of the Board and its committees be open to the public and that minutes of such meetings and an annual report be available to the public. Declares the purposes of the Endowment to be: (1) support of development of high quality, diverse educational, informational, and cultural radio and television programs for public dissemination; (2) support of development of instructional programs and services for educational institutions; (3) diversification of source material for such programs; (4) provision of research grants and contracts; and (5) maximization of freedom of receipts of financial assistance from interference with program content. Prohibits the Endowment from: (1) owning or operating TV or radio stations, systems or networks or interconnections thereof, or program production facilities; or (2) producing, scheduling for public distribution or acquiring programs (with certain exceptions). Directs the Endowment to provide grants to and contracts with: (1) program production entities; (2) States and political subdivisions; (3) educational institutions; and (4) individuals and organizations conducting research. Requires the Endowment to distribute one-third of its annual appropriations to public broadcast stations as basic grants to be used at the discretion of the stations for programming production and acquisition. Requires the distribution of such basic programming grants according to State population, with 80 percent for television and 20 percent for radio within each State. Authorizes the Endowment, in distributing such grants, to prescribe minimum eligibility requirements applicable to public radio stations. Directs the Endowment to use the remainder of funds to make grants and contracts for research, development, production and acquisition of radio and television programs and services, reserving a substantial amount of such funds for distribution to independent producers and production entities. Limits such grants or contracts to 50 percent of the total amount of a project. Allows the Endowment to waive such limitation in certain cases. Sets forth standards for the evaluation of proposals for grants. Requires funding recipients to keep records for examination by the Endowment. Grants the Endowment exclusive rights to programs produced under certain grants and contracts for one year for use by public broadcast stations with such rights reverting to the producer for unrestricted distribution. Authorizes the Endowment to: (1) negotiate agreements to receive a portion of revenue for such programs; (2) acquire rights for educational audiovisual use of such programs for an additional ten-year period; and (3) waive exclusive rights to exclusively educational audiovisual programs. Directs the Endowment to establish a library for distribution to eligible users of programs to which the Endowment has rights and to require only administrative fees. Directs the Secretary of Health, Education, and Welfare to require that equal opportunity in employment be afforded and that no discrimination in employment by recipients of financial assistance under this title. Directs the Endowment to include such provisions in each grant and contract. Requires entities seeking financial assistance to provide the Endowment with equal employment opportunity information. Establishes procedures for the Endowment and the Secretary to review and secure compliance. Title VII: National Telecommunications Agency - Establishes the National Telecommunications Agency as an independent establishment in the executive branch. States that the functions of such Agency shall be to: (1) develop and implement a uniform national telecommunications policy; (2) advise the President on matters relating to telecommunications; (3) arbitrate between Government agencies; (4) allocate the electromagnetic frequency spectrum for various uses and study and provide for more efficient uses; (5) manage preparation for U.S. participation in international telecommunications conferences and negotiations, and participate in such conferences and negotiations and in the task force for international telecommunications facilities planning; (6) communicate the views of Government agencies to the Commission and to Congress; (7) assist in the development and operation of national security telecommunications systems; (8) coordinate the development and operation of emergency telecommunications systems; (9) establish policies for procurement and management of telecommunications for Government agencies; (10) carry out minority ownership investment and loan guaranty programs; (11) study, and make recommendations to the President and Congress on, the impact of telecommunications policy on the right of privacy; (12) study development and effects of new telecommunications technologies, facilities, services and systems and make recommendations to the President and Congress with respect to the introduction of new technologies into the national economy; and (13) develop information necessary for research to formulate a uniform national telecommunications policy, provide research support for Federal, State and local agencies, and maintain an information clearinghouse for telecommunications research and development projects carried out or sponsored by the Federal Government. Directs the President to appoint, with Senate advice and consent, a Director and Deputy Director of the Agency. Authorizes the Director to appoint certain professional staff and support personnel. Includes among the functions of the Director, assuring consumer representation in policy development. Authorizes and directs the Director to allocate the electromagnetic frequency spectrum and to study and provide for more efficient uses of such spectrum. Requires the Director to study and report to Congress on: (1) the electromagnetic environment in the United States (making study data available to the public); and (2) the susceptibility of consumer electronics to interference from radio signals. Authorizes the Director to purchase nonvoting equity interests in small business investment companies, if such purchase funds are used to purchase or construct or acquire land for facilities. Authorizes the Director to guarantee lenders against losses on loans made to minority individuals and minority owned and controlled businesses meeting certain requirements. Directs the Director to make annual reports to the President for submission to Congress. Provides for a transfer of functions from the Department of Commerce and other Federal agencies to the Agency. Authorizes appropriations for Agency and certain Agency functions. Title VIII: Miscellaneous Provisions - Provides for a transfer of functions, including a transfer of personnel and property from the Federal Communications Commission (FCC) to the Commission. Provides that rules, orders and policies of the FCC (except those requiring broadcast station licensees to ascertain the problems, needs and interests of persons in its service area) shall continue in effect until changed by the Commission, courts, or laws. Provides that proceedings pending before the FCC shall be continued before the Commission, and that suits and causes of action continue with the Commission as a party. Terminates the FCC and the Corporation for Public Broadcasting. Repeals the Communications Act of 1934 (with certain exceptions), the Communications Satellite Act of 1962, and "An Act relating to the landing and operation of submarine cables in the United States." Makes certain conforming and technical amendments."
United States · United States Congress · 28 March 1979
Declares that it is the sense of the House of Representatives that the transfer of the Forest Service and the Farmers Home Administration business and industry programs from the Department of Agriculture is unacceptable, and that any reorganization proposal which would diminish the Department's resources is unacceptable.
United States · United States Congress · 27 March 1979
Expresses the sense of the House of Representatives that the Secretary of Energy should: (1) submit to Congress a standby conservation plan which accounts for the economic impacts of restricted energy use; and (2) provide the States with resources and support for the implementation of energy conservation programs.
United States · United States Congress · 21 March 1979
Federal Agency Rulemaking Procedures Act - Requires each Federal agency to include in the general notice of a proposed rule: (1) an explanation of the need for such rule; (2) a description and an economic impact analysis of each alternative regulatory or nonregulatory approach to such rule considered by the agency; and (3) a justification of the selection of such rule over such alternative proposals. Directs each agency: (1) to prepare for each proposed rule and alternative proposal an economic impact analysis which analyzes the compliance costs, economic effects, and reporting requirements of such rule and alternatives; and (2) to make such analysis available to the public. Requires the head of each agency to include in the publication of a final rule in the Federal Register a statement that such rule is clearly stated and does not conflict with or unnecessarily duplicate an existing rule. Directs each agency to prescribe rules designed to carry out the requirements of this Act. Establishes the Interagency Review Committee to review such rules and to report its findings to Congress. Directs each agency to: (1) review each of its rules within five years of the date such rule is prescribed and once every five years thereafter, to determine whether such rule should be amended or repeated; (2) publish each rule under review in the Federal Register to solicit public comments on such rule; and (3) publish a justification of the agency's determination. Requires each agency to publish in the Federal Register: (1) every two years, a listing of the regulatory priorities of such agency; and (2) at least twice a year, an agenda of the rules to be considered by such agency during that year. States that any person may file a petition for judicial review in a United States circuit court if any agency fails to comply with any procedural requirement of this Act.
United States · United States Congress · 21 March 1979
Declares that it is the sense of the House of Representatives that the transfer of the Forest Service and the Farmers Home Administration business and industry programs from the Department of Agriculture is unacceptable, and that any reorganization proposal which would diminish the Department's resources is unacceptable.
United States · United States Congress · 15 March 1979
Health Planning and Resources Development Amendments of 1979 - Title I: Revision of Health Planning Authority - Amends title XV of the Public Health Service Act (National Planning and Development) to direct the Secretary of Health, Education, and Welfare to review annually the national guidelines for health planning promulgated under such Act. Requires the Secretary to determine whether health care delivery systems are meeting the standards and goals set forth in such guidelines and to publish periodically a summary of changes in resources needed to meet such goals. Directs health systems agencies (HSAs) designated under this Act to provide such data as will enable the Secretary to carry out such duties. Adds to the list of subjects deserving priority consideration in the formulation of national health planning goals: (1) the discontinuance of duplicative or unneeded services and facilities; (2) the adoption of policies to contain the rising costs of health care delivery; and (3) the improvement of mental health care, including eliminating inappropriate placement of persons with mental health problems in institutions and emphasizing outpatient mental health services by assuring access to community mental health centers. Revises the procedures for the redesignation of health service area boundaries, including redesignation if the boundaries of the proposed health service area would better meet certain current requirements. Permits the Governor of any State which comprises part of an interstate health service area to request that such area contain only part of a standard metropolitan statistical area, without the concurrence of the Governors of the other States which are part of such area, as required under current law. Eliminates the provision which gives priority for designation of health service areas which formerly had an areawide Comprehensive Health Planning Agency under previous health planning authority. Revises the status of Puerto Rico for the purposes of the health planning program. Extends from one to three years the period of the designation and redesignation of health systems agency (HSA). Revises the procedures for the designation and termination of HSAs, including requiring the Secretary to: (1) give priority to an application for HSA designation which has been recommended by the Governor; (2) permit the appropriate State health planning and development agency (State Agency) to comment on the performance of an HSA before its designation is renewed; (3) consult with the Governor and the Statewide Health Coordinating Council (SHCC) before terminating an HSA's designation. Authorizes the Secretary to terminate a designation agreement with an HSA under certain circumstances and to limit the functions an agency may perform upon a determination that such agency has not fulfilled its obligations. Revises the criteria for the determination by the Secretary of the amount of the grant to be made in each fiscal year to each HSA. Increases the minimum planning grants to HSAs. Allows grants made to designated State Agencies for rate regulation and which are unobligated in the fiscal year for which they were made to be used in the succeeding fiscal year. Permits providers whose principal place of business is in an HSA area to be members of such HSA's governing body. Revises the provider categories with respect to HSA governing body composition to require the representation of hospitals and an accredited school of medicine which may be in the health service area. Increases from one-third to one-half the proportion of the providers of health care who are members of the governing body or executive committee of an HSA who must be direct providers of health care. Makes additional revisions in the composition of an HSA governing body, including that the membership consist of individuals knowledgeable about mental health services and representative of: (1) any qualified health maintenance organizations which may be in the health service area; and (2) the Veterans Administration if the area has at least one VA health care facility. Stipulates that consumers on HSA governing bodies cannot have been "direct" health care providers within the 12 months preceding appointment, instead of "health care providers" as currently provided. Requires that subcommittees of advisory groups of HSA boards have a consumer majority. Directs each HSA to establish and make public a process for the selection of the members of its governing body and any subarea advisory councils which assures: (1) selection in accordance with current composition requirements; and (2) the opportunity for, and encouragement of, broad participation of the residents of the HSA. Requires such process to limit the selection of consumer and provider members by other members of such body or councils. Provides that records and meetings of an HSA except for personnel matters shall be available to the public. Requires each HSA to have an identifiable program of providing assistance to the members of a governing body or other decision-making entity. Provides that at least one member of the HSA staff shall be responsible for assisting the consumer members of the HSA governing body. Authorizes HSA governing bodies to make advances to HSA members for reasonable expenses incurred in the performance of HSA duties. Prohibits any member of a governing body of an HSA or any member of a SHCC from voting on any matter with which such member has any substantial ownership, employment, fiduciary, contractual, creditor, or consultative relationship. Requires HSA staff to have, to the extent feasible, expertise in financial and economic analysis and disease prevention. Adds to the material to be included in the health systems plan (HSP) of an HSA, goals for the delivery of mental health services. Requires that each State Agency determine statewide health needs after consultation with appropriate State authorities. Requires an HSA to conduct a public hearing on the establishment or revision of its Annual Implementation Plan (AIP) and to give interested parties an opportunity to submit their views orally and in writing. Provides for Indian self-determination as related to health planning. Eliminates the requirement that the HSP of an HSA be consistent with the national guidelines issued by the Secretary, but requires the HSA to submit to the State health planning and development agency (State Agency) and the SHCC a detailed statement of reasons for any inconsistencies between its HSP and AIP and such guidelines. Requires plans established under the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 and the Drug Abuse Office and Treatment Act of 1972 to be consistent with the State health plan, and conditions grants made under the Community Mental Health Centers Act on such plan being in effect. Amends the Community Mental Health Centers Act to direct the State mental health authority to: (1) establish minimum standards for community mental health centers; (2) establish a program for such centers which is based on the need for comprehensive mental health services, consistent with the State health plan; (3) make such reports as the Secretary may require; and (4) designate a State advisory council to aid in carrying out such functions and the health planning provisions of the Public Health Service Act. Revises the review functions of the SHCCs. Enumerates additional criteria for HSA, State Agency, and SHCC review, including the accessibility to residents of the proposed services. Specifies the requirements of the certificate of need program established by a State Agency. Requires that a certificate of need application of a health maintenance organization for new institutional services be approved upon certain findings by the State Agency. Exempts from the program the acquisition of major medical equipment which will not be owned by or located in a health care facility in certain circumstances. Directs the Secretary to promulgate regulations to enable the States to establish certificate of need programs which meet such requirements. Directs the Secretary to make grants to State Agencies to develop programs to reduce excess hospital capacity. Authorizes appropriations for such purpose. Establishes procedures which allow the Governor of a State to review an HSA decision disapproving a proposed use of Federal funds, and to authorize such use after considering any comments by the State Agency. Requires each health systems agency to coordinate its activities with any State entity which reviews rates and budgets of health care facilities. Requires HSAs located within the same standard metropolitan statistical area to coordinate their activities. Directs the Secretary to give each designated HSA within a State an opportunity to comment on the performance of a State health planning and development agency (State Agency) before renewing its designation. Extends from one to three years the period of the designation and redesignation of a State Agency. Revises the procedures for the termination of designated State Agencies. Revises the composition of SHCCs, including increasing from one-third to one-half the proportion of members who must be direct providers of health. Extends through fiscal year 1982 authorizations for: (1) planning grants; (2) State health planning and development; (3) rate regulation; (4) centers for health planning; and (5) area health services development funds. Directs the Secretary to report to Congress on the results of reviews conducted with respect to improvements in health care and restraints on increases in health care costs. Title II: Revision of Authority for Health Resources Development - Amends title XVI of the Public Health Service Act (Health Resources Development) to authorize the Secretary of Health, Education, and Welfare to make loans through fiscal year 1981 for: (1) modernization of medical facilities; (2) construction of new outpatient medical facilities; (3) construction of new hospitals in areas experiencing rapid population growth or a reduction of hospital beds due to merger or closure of medical facilities; and (4) conversion of existing facilities to outpatient or long-term care facilities. Authorizes the Secretary to guarantee for such period the payment of principal and interest to: (1) non-Federal lenders for their loans to nonprofit private entities for medical facilities projects; and (2) the Federal Financing Bank for loans to nonprofit private entities for such projects. Authorizes the Secretary to make grants for construction or modernization projects designed to: (1) eliminate or prevent imminent safety hazards; or (2) avoid noncompliance with State or voluntary licensure or accreditation standards, with respect to medical facilities owned or operated by public entities. Authorizes the Secretary to make grants to public and nonprofit entities for projects for: (1) construction of outpatient medical facilities providing services for medically underserved populations; and (2) conversion of existing medical facilities to provide such services. Authorizes appropriations through fiscal year 1982 for such purpose. Directs the Secretary to assure, by regulation, the effective execution and management of projects carried out under this Act. Title III: Program to Assist and Encourage the Discontinuance of Unneeded Hospital Services - Amends title XVI of the Public Health Service Act (Health Resources Development) to direct the Secretary of Health, Education, and Welfare to establish a new program for providing grants and technical assistance to assist and encourage hospitals to discontinue the provision of unneeded hospital services. Authorizes appropriations through fiscal year 1982 for such program. Directs the Secretary to study the effect of such program on the elimination of unneeded hospital services and to report the results of such study to Congress. Requires the Secretary of Labor to prescribe guidelines for the protection of employees affected by the discontinuance of such services.
United States · United States Congress · 13 March 1979
Mobile Teachers' Retirement Assistance Act - Establishes a Federal-State program to permit teachers to perform out-of-State educational service without loss of retirement benefits for such service. Entitles a qualified State retirement system which credits a teacher for out-of-State service, to Federal aid of 50 percent of the total cost to the system of such out-of-State credit. Specifies the requirements which a State retirement system must meet in order to qualify for Federal aid under this program. Limits the amount of the Federal aid to a State retirement system to provide not more than ten years of out-of-State service credit. Directs the Commissioner of Education to make a grant to each qualified State retirement system of an amount equal to two percent of such system's Federal aid received under this Act for the costs of administration.
United States · United States Congress · 8 March 1979
Revises the rule for recomputation of military retired or retainer pay to reflect later active duty with respect to later active duty performed between October 1, 1963 and October 1, 1973. Stipulates that such computations shall be made under the rates of basic pay in effect at the time of release from active duty.
United States · United States Congress · 8 March 1979
Revises the rule for recomputation of military retired or retainer pay to reflect later active duty. Stipulates that for a member who has been entitled to basic pay for active duty for a continuous period of at least two years, such pay shall be computed under the rates of basic pay in effect upon release from such active duty. Stipulates that any other member's retired pay or retainer pay is to be computed under those rates in effect when the individual entered active duty, increased by any applicable adjustments in that pay.
United States · United States Congress · 6 March 1979
Congressional Districting Act of 1979 - Specifies that each State entitled to more than one Representative in the 98th or any subsequent Congress shall establish a number of districts equal to the number of Representatives to which that State is entitled. Declares that no district shall differ substantially in population size from another. Requires a five-member redistricting commission to be established in such State which shall conduct public hearings with respect to the boundaries of districts and prepare and submit to the Federal Election Commission a plan for redistricting to be published in the Federal Register. Sets forth judicial procedures to insure compliance with this Act. Authorizes the Federal Election Commission to administer and distribute funds to each State for the purpose of carrying out the provisions of this Act.
United States · United States Congress · 1 March 1979
Department of Agriculture Restoration Act of 1979 - Transfers to the Secretary of Agriculture specified functions of the Department of Commerce (National Marine Fisheries Service of the National Oceanic and Atmospheric Administration, and the Office of Sea Grant of the National Oceanic and Atmospheric Administration, in part), the Department of Health, Education, and Welfare (the Bureau of Foods and the Bureau of Veterinary Medicine of the Food and Drug Administration), and the Department of the Interior (the Bureau of Land Management, in part, the Bureau of Reclamation, the Division of Fisheries Research of the Fish and Wildlife Service, and the Office of Water Research and Technology). Vests such functions in the Secretary in order to permit him to coordinate, integrate, and administer programs conducive to: (1) increasing the production and improving the marketing and the quality of food, fiber, and forest products; and (2) improving the economic condition of families engaged in farming. Authorizes the Secretary to delegate any such function to any appropriate employee of the Department of Agriculture, but prohibits the establishment of any organizational unit within the Department for the sole purpose of carrying out one or more of such functions. Creates an Under Secretary of Agriculture for Domestic Agricultural Affairs to perform functions relating to the productive and marketing of food, fiber, and forest products in the United States and in its territories and possessions. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to create an Assistant Secretary of Agriculture for Science and Education.
United States · United States Congress · 1 March 1979
Financial Sponsorship of Immigrants Act - Amends the Immigration and Nationality Act to require any immigrant wishing to be admitted into the United States to have a five-year financial sponsorship statement at the time of application for admission. Authorizes the Attorney General to make exemptions to such requirement. Provides that the Attorney General or the sponsored immigrant may bring a civil suit against a sponsor who fails to make payments pursuant to a statement of sponsorship. Provides that a Federal, State, or political subdivision may bring a civil suit against a nonpaying sponsor for reimbursement of welfare payments.
United States · United States Congress · 1 March 1979
Amends title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act to require that aged, blind, or disabled aliens must have resided in the United States for five years preceding their application for benefits under such title. Exempts those aliens: (1) who are political refugees; (2) whom a support agreement, under the Immigration and Nationality Act, excuses; or (3) who have specified disabilities. Stipulates that such five-year requirement shall apply only to aliens applying for supplemental security income benefits under title XVI.
United States · United States Congress · 27 February 1979
Voluntary Hospital Philanthropic Support Act - Declares it to be the policy of the United States that philanthropic support for health care be encouraged and expanded. States that in determining the reasonable costs of services furnished by nonprofit hospitals under titles V (Maternal and Child Health), XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, gifts, grants and endowments shall not be deducted from any operating costs in determining such reasonable costs. Prohibits any State from establishing a law or regulation respecting the limitations upon the revenue of hospitals which treats as such revenues any income attributable to grants, gifts or endowments. Prohibits any Federal law which provides for the control of hospital costs to treat as revenues any amounts which a State may not treat as revenues.
United States · United States Congress · 26 February 1979
Regulatory Reform Act of 1979 - Requires the President to submit to Congress a plan recommending reforms with respect to the regulation of: (1) energy, the environment, housing, and occupational health and safety by specified Federal agencies by April 30, 1981; (2) transportation and communications by specified Federal agencies by April 30, 1983; (3) banking and finance, international trade, and Government procurement by specified Federal agencies by April 30, 1985; and (4) food, consumer health and safety, economic trade practices, and labor- management concerns by specified Federal agencies by April 30, 1987. States that each such plan shall include recommendations for reform of such specified agencies and shall report on the cumulative impact of all Government regulatory activity reviewed, up to that date, on specific industry groupings. States that if the President fails to submit such plans by the specified dates, the Senate and House Committees on Government Operations shall draft their own plans to be submitted to Congress for action. Requires the Comptroller General and the Congressional Budget Office, contemporaneously with the development of the President's plan, to submit a report assessing the purpose, effects, efficiency, and cost effectiveness of each agency included in the plans submitted by the President. States that if no comprehensive regulatory reform legislation is enacted by August 1 of the year following the year in which a comprehensive plan has been submitted by the President, then all agencies affected thereby shall have no authority to issue any new rules not essential for preserving the public health and safety; if such reform is not enacted by October 1 of such year, such agency shall have no authority to enforce any rule not essential for preserving the public health and safety; if no such reform is enacted by December 31 of such year, such agency shall be terminated on such date. States that all rules of such terminated agency essential for preserving the public health and safety shall remain effective and shall be enforced by the Department of Justice. Requires the President to submit subsequent plans in the manner and in the order and frequency set forth by this Act every ten years.
United States · United States Congress · 26 February 1979
Amends the Federal Trade Commission Act to authorize appropriations to the Federal Trade Commission (FTC) for fiscal years 1980-1982. Exempts savings and loan institutions from certain reporting requirements and regulatory and investigatory powers of the FTC. Requires the Federal Home Loan Bank Board to: (1) establish a division of consumer affairs to receive and act on complaints concerning unfair or deceptive acts and practices affecting commerce by certain savings and loan institutions; and (2) prescribe regulations, similar to regulations prescribed by the FTC governing corporations, to define and prevent such practices. Amends the rulemaking procedures of the FTC. Requires a copy of each rule promulgated by the FTC to be transmitted to Congress. Prescribes procedures for Congressional review of any such rules and for resolutions of disapproval preventing rules from becoming effective. Directs the FTC to prepare and publish in the Federal Register for any proposed rule: (1) a statement of the need for the rule; (2) a description of each alternative method of achieving the regulatory goal which was considered; (3) a justification of the selection of the final rule; and (4) an economic impact analysis of the rule. Specifies the contents of such analysis and directs the FTC to make copies of such analysis available to the public. Requires the FTC to include in the publication of any final rule a statement that such rule is clearly written and does not conflict with or duplicate any existing rule. Directs the Commission to review its rules every five years to determine whether each rule should be amended or repealed.
United States · United States Congress · 26 February 1979
Establishes a Joint Select Committee on Defense Readiness and Mobilization Capability to investigate and report on defense readiness and mobilization capability, including an analysis of: (1) the kind and extent of threats to the national defense; and (2) the quality and quantity of manpower, material, transportation, budgetary, and programmatic resources needed at present, and able to be mobilized in the future. Sets forth the requirements for appointment to the joint select committee.
United States · United States Congress · 15 February 1979
Constitutional Amendment - Provides that total expenditures in any fiscal year shall not exceed the net amount of revenue received by the Government in that year. Authorizes the suspension of such prohibition in time of war declared by Congress or by a concurrent resolution passed by a two-thirds vote of both Houses of Congress. Stipulates that any unanticipated deficit in any fiscal year shall be considered an expenditure for the succeeding fiscal year. Directs the Congress to provide an appropriate increase in the level of total receipts if the amount of such deficit exceeds two percent of the total expenditures for the succeeding fiscal year. Authorizes the Congress to apportion any deficit over the four following fiscal years or, by a two-thirds vote of both Houses, to include such deficit in the debts of the United States.
United States · United States Congress · 8 February 1979
National Digestive Diseases Prevention, Cure, and Control Act - Amends title IV of the Public Health Service Act (National Research Institutes) to establish a National Digestive Diseases Education and Information Clearinghouse to collect and disseminate information respecting digestive diseases and to serve as a national educational resource for patients with digestive diseases. Directs the Secretary of Health, Education, and Welfare to make grants to medical schools for education and training programs in the diagnosis, prevention, and treatment of digestive diseases. Establishes a 24-member part-time National Digestive Diseases Advisory Board to advise on the coordination of Federal agencies' efforts in the implementation of the long- range plan of the National Commission on Digestive Diseases, among other specified functions. Terminates such Board on September 30, 1982.
United States · United States Congress · 8 February 1979
Repeals the Davis-Bacon Act, which requires the rate of wages for workers employed on Federal public buildings by contractors and subcontractors to be based upon the prevailing wages for corresponding classes of workers employed on similar projects in the same area.
United States · United States Congress · 1 February 1979
Amends the Internal Revenue Code to permit taxpayers who do not itemize income tax deductions to claim a deduction from gross income for charitable contributions.
United States · United States Congress · 1 February 1979
Administrative Rulemaking Reform Act - Requires a Federal agency preparing to hold a rulemaking session to make a reasonable effort to inform those likely to be affected by the proposed rulemaking. Requires that if the affected group is large, representatives of such group must be notified. Requires, in addition to present requirements, that the notice of rulemaking include the projected effective date of the rules, the purpose of the rulemaking, the text of the proposed rules, and the technical or other studies on which the agency intends to rely in the rulemaking proceedings. Applies the requirements of this Act to all rulemaking sessions except: (1) those specifically authorized to be kept secret in the interest of national security, and (2) those relating to agency management. Requires public notice and public opportunity for comment on all rulemaking proceedings under this Act unless the agency finds that the rules to be proposed are emergency rules or are of routine or insignificant impact in which case the rule must be published with reasons for its adoption. Requires Federal agencies to give interested persons at least 45 days to participate in the rulemaking. Requires the agency to maintain a file of each proceeding to be made available to the courts, Congress, and to the public in connection with review of the rule. Limits the period for public comment to a maximum of 90 days. Requires a copy of all proposed rules to be sent to Congress. States that such rule, other than an emergency rule, shall not become effective if it is disapproved within 90 days by both Houses of Congress, or it is disapproved within 60 days by one House and no action is taken on the disapproval resolution by the other House. Provides that either House of Congress may, by resolution, require any agency to reconsider and resubmit any rule to which this Act applies. Requires that such proposed rule be repromulgated anew in accordance with all the provisions of this Act unless it is reconsidered and resubmitted to Congress within 180 days after the adoption of the resolution requiring such reconsideration. Requires the Administrative Conference of the United States to study Congressional review of agency rulemaking under this Act and report the effect of such review on such rulemaking before July 1, 1984. Authorizes to be appropriated $200,000 to finance such study. Makes this Act effective 90 days after enactment. Terminates the Congressional review required by this Act at the adjournment of the Ninety-eight Congress.
United States · United States Congress · 31 January 1979
National Digestive Diseases Prevention, Cure, and Control Act - Amends title IV of the Public Health Service Act (National Research Institutes) to establish a National Digestive Diseases Education and Information Clearinghouse to collect and disseminate information respecting digestive diseases and to serve as a national educational resource for patients with digestive diseases. Directs the Secretary of Health, Education, and Welfare to make grants to medical schools for education and training programs in the diagnosis, prevention, and treatment of digestive diseases. Establishes a 24-member part-time National Digestive Diseases Advisory Board to advise on the coordination of Federal agencies' efforts in the implementation of the long- range plan of the National Commission on Digestive Diseases, among other specified functions. Terminates such Board on September 30, 1982.
United States · United States Congress · 29 January 1979
Small Business Tax Relief Act of 1979 - Amends the Internal Revenue Code to limit recognition on the gain from the sale or exchange of an unincorporated trade or business prior to the time that the taxpayer attains age 55 by providing that such gain shall be recognized only to the extent that it exceeds the cost of reinvesting in replacement property for another small business venture. Provides for the taxation of such gain, after age 55, as ordinary income according to the ten year averaging rules applicable to lump sum distributions from employee benefit plans. Increases the additional first year depreciation allowance for small businesses. Permits a taxpayer election to amortize over a 36 month period expenses for depreciable property which is acquired to put a small business in compliance with Federal regulations and which does not have any economic usefulness for the business. Exempts domestic international sales corporations (DISC) which have adjusted taxable income of $1,000,000 or less from the limitations on deferral of base period export gross receipts which are applicable to larger corporations. Permits businesses with gross receipts of less than $1,000,000 to elect the cash method of accounting in reporting income. Allows a refund to employers of their proportionate share of excess social security payments made on behalf of employees who were employed by two or more employers during the taxable year. Permits an income tax credit of $5 for each form or document which a small business is required to file pursuant to Federal law.
United States · United States Congress · 29 January 1979
Amends the Federal Mine Safety and Health Amendments Act of 1977 to provide that provisions of such Act shall not apply to stone mining or sand and gravel mining operations.
United States · United States Congress · 25 January 1979
Amends the Saccharin Study and Labeling Act to extend to January 3, 1981 (or to the enactment, if earlier, of any law changing the conditions under which a food additive shall not be deemed safe) of the period during which the Secretary of Health, Education, and Welfare is prohibited from taking specified actions restricting the continued use of saccharin as a food, drug, or cosmetic. Declares void of all legal force or effect any such prohibited action which the Secretary may have taken after the expiration of the initial 18-month prohibition period.
United States · United States Congress · 25 January 1979
Requires that whoever uses a firearm during the commission of a felony over which a Federal court has original and exclusive jurisdiction, or whoever carries a firearm during the commission of such felony if an element of such felony is the use or threat of violence, shall, in addition to the punishment provided for the commission of such crime, be sentenced to a term of imprisonment of not less than five nor more than ten years. Requires in the care of a second or subsequent conviction the imposition of a term of imprisonment of not less than ten years, or to life imprisonment. Stipulates that the execution or imposition of any term of imprisonment under this Act: (1) may not be suspended; (2) may not run concurrently; and (3) may not include probation.
United States · United States Congress · 18 January 1979
Amends the Antidumping Act, 1921, to require the Secretary of the Treasury to determine whether there is reason to believe that imported goods are being sold in the United States or elsewhere at less than its fair market value within six months of the initiation of an investigation by the Secretary. Directs the Secretary to withhold appraisement of imported goods when the Secretary determines to initiate such an investigation. Deletes the provision of Federal law which permits an extension of time to make such a determination. Requires the Secretary to make a final determination within two months regarding the sale of imported goods at less than fair value. Directs the Secretary to inform the International Trade Commission if the Secretary determines that the purchase price of imported goods is less, or likely to be less, than the foreign market value. Requires the Commission to investigate whether U.S. industry is being injured or less likely to be established due to such imported goods and to notify the Secretary of its determination within three months of the Secretary's determination. Stipulates that any special dumping duty on imported goods should be assessed within one year after the Secretary has made a finding that the purchase price of such goods is less than fair value.
United States · United States Congress · 18 January 1979
Amends the Clean Air Act to postpone for one year the application of certain restrictions to areas which have failed to attain national ambient air quality standards and to delay for one year the date required for adoption and submission of State implementation plans applicable to these areas.
United States · United States Congress · 18 January 1979
Toxic Tort Act - Title I: Federal Cause of Action - Creates a Federal cause of action for damages to any person physically injured by the negligent manufacture of a toxic pollutant by a manufacturer. Stipulates that this action shall not preempt any other rights or causes of action existing under State or Federal law. Establishes a two-year statute of limitations for actions brought under this title, such period to commence on the date that the Environmental Protection Agency determines the requisite nexus exists between the physical injury complained of and the toxic pollutant alleged to be the cause of such injury. Authorizes the award of exemplary damages upon a finding by the trier of fact that the conduct of the defendant constituted a gross and wanton disregard for public safety. Sets forth certain rules regarding rebuttable presumptions and jurisdiction for any action pursuant to this title. Title II: State Worker's Compensation Law Amendments - Preempts any provision of State law contrary to the provisions, purposes, or intents of this title. Declares that the worker's compensation law of any State shall not deny benefits to any injured person solely for the untimely filing of a claim for benefits where such claim would have been timely under the provisions of this Act. Title III: Toxic Pollutant Compensation Agency - Establishes within the Environmental Protection Agency the Toxic Pollutant Compensation Agency (TPCA). Sets forth the powers and duties of the TPCA, including the power to subpoena any person to provide information deemed relevant to a claim; to promulgate such rules, regulations, and procedures necessary to carry out the provisions of this Act; to employ experts and consultants; and to perform any other administrative activities necessary for the effective fulfillment of its powers and duties under this Act. Outlines the procedure for certification of victims of toxic substance pollution and sets forth criteria upon which the TPCA shall determine whether the toxic pollutant caused the physical injury. Entitles certified victims to benefits not to exceed $50,000 per victim for medical expenses, costs of rehabilitation, and lost wages, where such claims are not provided for by insurance. Directs the TPCA to promulgate, through rules and regulations, appropriate forms and procedures for the filing of claims for benefits. Entitles persons other than the victim to payment of benefits if necessary to secure payment of alimony, maintenance or child support, to insure satisfaction of authenticated claims by those who furnished the victim with products or services constituting medical or rehabilitation benefits, or to insure satisfaction of claims for reasonable attorney's fees. Establishes the Toxic Pollutant Revolving Fund to provide for the payment of benefits. Directs the TPCA to prepare and submit to the Congress and the President annual reports of the activities of the TPCA. Vests jurisdiction for review of any compensation award or other final determination of the TPCA in the United States district court for the district in which the injury, disease, or death allegedly occurred. Authorizes the court to grant appropriate relief to persons petitioning for a review of a TPCA award or order. Title IV: Environmental Protection Agency - Sets forth powers and duties of the Environmental Protection Agency (EPA) in administering this Act. Authorizes the EPA to make studies and investigations to determine whether physical injuries are caused by toxic pollutants, and sets forth procedures for conducting such studies and investigations. Requires the EPA to publish in the Federal Register for public comment any tentative findings of requisite nexus between a physical injury and an allegedly toxic pollutant, and to make and publish a final determination upon a finding of requisite nexus. Authorizes judicial review in the United States district court of such finding upon petition praying that the finding be set aside or modified.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to require an annual cost-of-living adjustment, based on the Consumer Price Index, to the individual income tax rates and the personal exemption.
United States · United States Congress · 15 January 1979
Amends title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act to disregard renewal commissions received by an insurance salesman from life insurance policies which such salesman sold before reaching age 65, for purposes of computing OASDI benefits based on income.
United States · United States Congress · 15 January 1979
Amends title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act to eliminate the five-month waiting period which is presently a prerequisite of eligibility for disability insurance benefits.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to prohibit the Internal Revenue Service from terminating the tax-exempt status of an educational institution for reasons of racial discrimination unless such organization has been adjudicated as racially discriminatory by a State or Federal court.
United States · United States Congress · 15 January 1979
Adds to the Congressional Budget Act of 1974 a new title (Title XI: Regulatory Budget Procedure) to require Congress, on or before September 15 of each year, to complete action on a concurrent resolution which establishes a regulatory budget for each Federal agency that sets the maximum costs of compliance with all rules and regulations declared by the agency. Directs the President to establish a Business Advisory Council to include representatives of each major industrial and commercial sector, and each geographic region, to provide such information, advice and consultation as he may require to develop and carry out regulatory costs analysis procedures. Directs the President, in consultation with the Council, to formulate the criteria for determining the costs of compliance with Federal rules and regulations. Requires the head of each agency, using such criteria, to conduct a study of the costs of compliance with rules and regulations set forth by the agency and to submit such reports to the President, Congress, and the Comptroller General. Directs the Comptroller General to review such agency reports and to submit its findings to Congress. Requires the President to include regulatory budget recommendations in the Budget to Congress. Directs Congress to utilize such findings and recommendations in developing the regulatory budget for each agency. Requires Congressional committee reports on bills or resolutions to contain a statement of the estimate of the costs of compliance with agency rules or regulations to carry out the provisions of such bill or resolution. Sets forth the rules for consideration of any bill, resolution, or amendment that would cause the level of costs of compliance for any agency to exceed the maximum costs of compliance as established in the regulatory budget for the agency.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to repeal the carryover basis provisions enacted by the Tax Reform Act of 1976 which provide that beneficiaries receiving property from a decedent's estate will retain the decedent's basis in the property. Restores prior law which "stepped up" or "stepped down" the property's basis to its market value at the time of death without imposing tax consequences on the appreciation or depreciation the property underwent while held by the decedent.
United States · United States Congress · 15 January 1979
Constitutional Amendment - Provides that total appropriations shall not exceed estimated revenues. Authorizes the suspension of such prohibition in time of war or national emergency. Prohibits any increase in the national debt as it exists on the date this article is ratified. Sets forth a schedule for repayment of the national debt.
United States · United States Congress · 13 October 1978
Amends the Trade Act of 1974, with respect to the authority of the President to negotiate trade agreements, to direct the President to reserve any article for which an agreement limiting agricultural imports has been entered into, from negotiations to reduce or eliminate customs duties or import restrictions.
United States · United States Congress · 13 October 1978
Federal Agency Rulemaking Improvements Act - Requires each Federal agency to include in the general notice of a proposed rule an explanation of the need for such rule, and a justification of the selection of such rule over alternative proposals. Directs each agency to prepare an economic impact analysis of each proposed rule, and to make such analysis available to the public. Requires the head of each agency to include in the publication of a final rule in the Federal Register a statement that such rule is clearly stated and does not conflict with or unnecessarily duplicate an existing rule. Directs each agency to prescribe rules designed to carry out the requirements of this Act. Establishes the Interagency Review Committee to review such rules and to report its findings to Congress. Directs each agency to review each rule prescribed by such agency within five years of the date such rule is prescribed and once every five years thereafter. Requires each agency to publish in the Federal Register: (1) every two years, a listing of the regulatory priorities of such agency; and (2) at least twice a year, an agenda of the rules to be considered by such agency. States that any person may file a petition for judicial review in a United States circuit court if any agency fails to comply with any procedural requirement of this Act.
![Official portrait of Rep. Broyhill, James T. [R-NC-10]](https://www.congress.gov/img/member/b000966_200.jpg)