United States · United States Congress · 7 November 1979
Amends the Immigration and Nationality Act to include within the categories of deportable aliens foreign students who knowingly participated in a political demonstration resulting in, or intending to result in, injury or damage to another's person or property. Permits the Attorney General to suspend deportation of such foreign students.
United States · United States Congress · 1 November 1979
Amends the Internal Revenue Code to exclude from gross income any gain from the sale of land to the United States, a State, or a tax-exempt conservation authority to be used for fish and wildlife conservation or preservation as a natural area.
United States · United States Congress · 31 October 1979
Amends the Internal Revenue Code to allow an income tax deduction for casualty loss of depreciable fruit or nut trees. Sets a minimum deduction of the fair market value on the date such loss occurs, with a further allowance for an up to ten-year carryback and an up to four-year carryover.
United States · United States Congress · 31 October 1979
Amends the Internal Revenue Code to set the basis of the income tax deduction for casualty loss of timber at not less than the fair market value immediately before such casualty. Provides for a ten-year carryback and a four-year carryover of such deduction.
United States · United States Congress · 25 October 1979
Pay Continuity Act of 1979 - Appropriates the funds necessary to pay the salaries of employees of the executive branch of Government, Members of Congress, and members of the uniformed services during any period when such funds are not available because the legislation making appropriations to the Government entity responsible for paying such individuals has not been enacted.
United States · United States Congress · 22 October 1979
Amends the Central Intelligence Agency Act of 1949 to authorize payment of a gratuity (equal to one year's salary at time of death) to the surviving dependents of officers or employees of the Central Intelligence Agency who die as a result of injuries sustained outside of the United States upon a determination by the Director of Central Intelligence that the death resulted from hostile or terrorist activity or occurred in connection with an intelligence activity having a substantial element of risk.
United States · United States Congress · 18 October 1979
Rural Cooperative Business Income Act of 1979 - Amends the Internal Revenue Code to provide that income received by a mutual or cooperative telephone or electric company for services to customers or rural telephone or electric companies, and income received from the rental or sale of communications or power facilities, shall not be subject to the tax on unrelated business income.
United States · United States Congress · 17 October 1979
Amends the Small Business Act to extend until September 30, 1983, the authorization of the Small Business Administration to enter into contracts with Federal agencies having procurement powers. Extends to June 30, 1983, the requirement under such Act that the General Accounting Office report to Congress.
United States · United States Congress · 16 October 1979
Small Business Innovation Act of 1979 - Title I: Amendments to the Small Business Act - Amends the Small Business Act to empower the Small Business Administration to provide management assistance in addition to technical assistance to small business concerns to obtain government contracts for research and development. Directs the SBA to consult and cooperate with other Government agencies in furthering the purposes of the Small Business Act. Directs each Federal agency to target an increase of its research and development budget to be obligated for prime contract awards to small business concerns by at least two percent more than the percent of such awards made in the preceding fiscal year. Requires the increase to begin in fiscal year 1980 and continue until such concerns are receiving at least 20 percent of such awards. Directs each agency to fully utilize procurement methods authorized under this Act in order to achieve the target levels. Requires each Federal agency having a research and development budget of $100,000,000 or more to initiate and conduct a small business innovation research competitive solicitation program. Directs that funding for such program shall be made available from each agency's budget and that each agency, utilizing applicable procurement methods, award to small business concerns at least 50 percent of its annual target for prime contracts. Directs each agency to conduct its program in accordance with such rules and regulations as are established by the SBA, including: (1) identifying specific and definable categories of projects; (2) establishing a simplified, standardized acquisition process; and (3) developing solicitation release schedules for notifying small business of contract opportunities. Requires the SBA to develop and maintain a master solicitation release schedule, source file, and informational program to facilitate small business participation in federally funded research and development. Directs the National Science Foundation and the Office of Federal Procurement Policy to provide advice and assistance to the SBA in the promulgation of such regulations. Requires the Administrator of the Office of Federal Procurement Policy, in cooperation with the SBA, to insure that such regulations provide the maximum practicable opportunity for small business concerns to perform federally funded research and development contracts. Provides that such regulations shall include: (1) the elimination of cost-sharing requirements and the allowance of negotiated fees on all contracts; (2) the opportunity for fair and equitable competition for contract awards; (3) a fair and prompt review of unsolicited proposals and the opportunity to receive sole source awards; (4) the consideration of independent research and development and bid and proposal costs as expenses under the contract in the fiscal year in which they occur; (5) the requirement for the Departments of Defense and Energy and the National Aeronautics and Space Administration to conduct periodic breakout reviews of all proposed large-scale systems contracts; (6) the opportunity for women-owned and minority business firms to be considered for research and development contracts; (7) the evaluation of procurement personnel performance in the award of contracts to small and minority business concerns; and (8) the responsibility to identify, study, and eliminate discrimination practices in procurement systems. Requires all Federal agencies to promulgate regulations which, insofar as practicable, impose the least amount of regulatory burden on small businesses. Directs the Securities and Exchange Commission to conduct an annual review of its rules and regulations which have the effect of restricting small business concerns from access to securities markets and to report to the appropriate congressional committees relative to the results of such review. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to provide procedures for sales and exchanges of interests in qualified small business concerns. Allows a taxpayer who sells an equity interest in any such business and purchases replacement property within 18 months, to elect that the gain from such sale be recognized to the extent that the amount realized exceeds the costs of the replacement property. Requires that such election be filed with the Secretary of the Treasury in such manner as the Secretary may prescribe. Requires, for purposes of this Act, that an exchange of equity interest shall be treated as a sale of such interest and the acquisition of replacement property on such exchange shall be treated as a purchase of such property. Requires that the determination of whether an equity interest in a small business concern be made at the time such interest is acquired by the taxpayer. Provides limitations on stock sales with respect to any equity interest in a qualified small business concern. Requires a reduction on the basis of replacement property in the case of nonrecognition of gain on the sale of equity interest in qualified small business concerns. Provides a statute of limitations for the assessment of any deficiency attributable to gain from the sale of equity interest in such business concerns. Provides technical and conforming amendments to the Internal Revenue Code applicable to provisions of this Act. Permits employees of qualified small concerns to exercise stock options within ten years after the date such option was granted. Provides for a reduction of capital gains tax for such business concerns held by a taxpayer for at least 5 years. Grants a capital loss carryover to a taxpayer to the extent such loss is attributable to an investment in such business concern for the ten succeeding years after the loss year. Allows a tax deduction for contributions to research and experimental expenditure reserves equal to the amount of such cash contribution during the taxable year, subject to specified limitations. Provides that such reserves shall be considered tax-exempt organizations under provisions of the Internal Revenue Code. Requires that amounts distributed to any person from such reserve shall be included in the gross income of such person, unless such amount relates to a research and experimental expenditure expense. Amends the definition of small business corporations under the Code to specify that such corporation does not have more than 100 shareholders and does not have as a shareholder a person who is not an individual or corporation. Removes limitations on amounts allowable for tax losses with respect to stock issued by qualified small business concerns. Sets forth effective dates for amendments made under this Act. Allows a qualified small business concern to treat research and experimental expenditures for the acquisition or improvement of property as expenses not chargeable to its capital account. Allows such concerns to treat such expenditures for any property subject to a depreciation or depletion allowance as deferred expenses, and in the case of a building such deferred expense shall be allowed ratably over a period of 120 months. Title III: Patents and Inventions - States that it is the objective of this Act to amend existing patent procedures in order to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Permits Federal agencies which have supported such projects to retain title to inventions through their funding agreements in specified circumstances, including when necessary to conduct foreign intelligence or counterintelligence activities. Requires review of agency determinations that such circumstances exist by the Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration. Directs the Comptroller General to report to Congress on the implementation of this Act by Federal agencies. Enumerates provisions which must be included in funding agreements between Federal agency and a small business firm or nonprofit organization including provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an organization, other than small business firms, from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Provides that the first commercial use with respect to a product of the invention shall not end the exclusive period to different subsequent products covered by the invention. Requires the head of a Federal agency to approve provisions of a funding agreement which require the licensing to third parties of inventions owned by the contractor. Sets forth terms and conditions under which such approval may be granted. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assigns to grant licenses in order to: (1) achieve practical application of the invention in its field of uses; (2) alleviate health or safety needs; (3) meet requirements for public use specified by Federal regulations; or (4) achieve participation by United States industry in the manufacturing of an invention. Entitles the government to 15 percent of all net income in excess of $70,000 gross income received by a contractor after a patent application is filed on a subject invention. Provides that if a contractor receives a gross income of $1,000,000, the government shall be entitled to a share of the excess of $1,000,000 that shall be negotiated but not to exceed five percent of such excess. Limits the government share of any such excesses to its contributions under the funding agreement. Authorizes and directs the Director of the Office of Federal Procurement Policy to revise the government entitlements in light of changes to the Consumer Price Index or other indices at least every three years. Declares such government entitlements applicable to subject inventions upon which United States patents are granted and in effect. Restricts the assignment and licensing of rights by patent holders to foreign owned or controlled firms unless such persons agree that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States where commercially feasible. Authorizes Federal agencies to withhold information on inventions from public disclosure. Specifies the authority of Federal agencies with respect to obtaining patents, granting licenses, and transferring custody of patents. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Prohibits licensing which lessens competition. Directs that business firms be given preference in exclusive or partially exclusive licensing. Enumerates provisions which must be contained in any grant of a license by a Federal agency. Declares that this Act shall take precedence over any other Act in the disposition of inventions. Directs the Commissioner of Patents and Trademarks to establish regulations governing: (1) the citation to the Patent and Trademark Office of prior art patents or publications which are pertinent to a later patent; and (2) the reexamination of a patent to determine whether such a prior patent or publication has any bearing on the patentability of any claim of such patent. Authorizes any individual to: (1) cite to the Office any such prior patent; and (2) request such a reexamination. Requires the Commissioner within 90 days of such a request to make a determination as to whether the cited prior patent raises a new question of the patentability of any claim of the later patent. Authorizes the Commissioner on his or her own initiative to make such a determination at any time. States that a determination that no new question is raised shall be final. Directs the Commissioner, upon determining that there is a new question of patentability, to order and conduct a reexamination. Requires that the patent owner be provided at least two months to file a statement on such question and that the person making the reexamination request be provided two months to respond to such statement. Declares that the patent owner shall be provided an opportunity in any reexamination to amend any claim of the patent in order to distinguish the claim from the prior patent cited, or in response to a decision adverse to the patentability of the claim. Authorizes the owner to appeal any adverse decision. Directs the Commissioner, upon the conclusion of any reexamination or appeal proceeding, to issue and publish a certificate cancelling any unpatentable claim, confirming any valid claim, and incorporating any amended claim in the patent. Declares that no prior patent or publication may be relied upon as evidence of nonpatentability in a civil action involving the validity or infringement of a patent unless: (1) the prior patent or publication was cited by or to the Office regarding application or reexamination proceedings for the patent; or (2) the court concludes that consideration of the prior patent or publication in such proceedings is unnecessary for adjudication. Sets forth circumstances under which a court may stay the proceedings of a civil action involving the infringement or validity of a patent to enable either party to such action to secure a determination on a request for reexamination of the patent by the Patent and Trademark Office. Provides the moving party in such action the right to dismiss the complaint commencing such action.
United States · United States Congress · 16 October 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of benefits to any individual for any month in which such individual is confined in a penal institution. Stipulates that benefits withheld from such individuals shall be treated as having been paid to such individuals for purposes of determining the benefits to which other persons are entitled on the basis of the same wages and self-employment income.
United States · United States Congress · 12 October 1979
Amends the Food and Agriculture Act of 1977 to extend to the 1980 and 1981 crops of rice, cotton, feed grains, and wheat the low yield and prevented planting disaster payment programs.
United States · United States Congress · 11 October 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Simon Wiesenthal in recognition of his contribution to international justice through the documentation and location of war criminals from World War II. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 28 September 1979
Elementary School Guidance and Counseling Incentive Act of 1979 - Authorizes appropriations for fiscal years 1981 through 1985 for State allotments for comprehensive elementary school guidance and counseling programs, supplemental grants to States for elementary school guidance and counseling, and grants for demonstration and evaluation programs. Provides formulas for such State allotments, based on the population of elementary school children, with minimum required amounts. Directs the Commissioner of Education to administer State allotments and State plans through the Office of Guidance and Counseling of the Department of Health, Education, and Welfare. Requires that each State, to be eligible for such allotments, submit to the Commissioner a State plan for providing comprehensive elementary school guidance and counseling programs for a five-year period, with necessary annual revisions, which meets such criteria as the Commissioner may by regulation prescribe. Sets forth required provisions of such plans and programs. Provides for appeal by a State of a final action of the Commissioner to a circuit court of appeals. Authorizes the Commissioner, through the Office of Guidance and Counseling, to make grants to States with approved plans for distribution to local educational agencies and for support of States with approved plans for distribution to local educational agencies and for support of State agency leadership activities on the basis of statewide needs and priorities in elementary school guidance and counseling. Sets forth approved uses of such grants. Directs the Commissioner, through the Office of Guidance and Counseling, to carry out a program of demonstration and evaluation relating to elementary school guidance and counseling. Sets forth approved types of demonstration and evaluation projects. Requires the Office of Guidance and Counseling to collect, analyze, prepare, and disseminate information related to the provision of guidance and counseling services to elementary school-age children. Requires specified State and local educational agencies to designate supervisors of elementary guidance services or programs.
United States · United States Congress · 28 September 1979
Exempts nonprofit veterans' organizations and nonprofit fraternal organizations from the requirement that certain musical performance royalties be paid to copyright holders.
United States · United States Congress · 27 September 1979
Dollar Bill Preservation Act - Amends the Federal Reserve Act to prohibit the cancellation, retirement, destruction, or removal from circulation of any dollar bill note, except where necessary to replace mutilated bills. Directs the Board of Governors of the Federal Reserve System to maintain the amount of dollar bills issued at the level outstanding on September 26, 1979.
United States · United States Congress · 26 September 1979
Amends the Internal Revenue Code with respect to the method of valuing farms for estate tax purposes to provide that if there is no comparable land from which the average annual gross rental may be determined but there is comparable land from which the average net share rental may be determined, then the existing valuation formula shall be applied by substituting "average net share rental" for "average gross cash rental. Defines net share rental as the excess of: (1) the value of the produce received by the lessor under a lease of the land on which such produce is grown, over (2) the cash operating expenses of growing such produce which, under the lease, are paid by the lessor.
United States · United States Congress · 25 September 1979
National Center of Afro-American History and Culture Act - Establishes the National Afro-American History and Culture Commission which shall: (1) be responsible for the development of a definitive plan for the construction and operation of the National Center for Afro-American History and Culture; and (2) solicit subscriptions of funds from private sources to help meet costs of the construction, furnishing, and operation of the center, including the costs of acquiring works of art and artifacts. Allows the Commission to: (1) acquire by gift, purchase with appropriated or donated funds, transfer from any Federal or State agency, exchange, or otherwise acquire suitable land and interest in land in the vicinity of Wilberforce, Ohio, for the location of the headquarters of the center; (2) acquire appropriate works of art and any other real or personal property necessary for the establishment and operation of the center; and (3) sell, exchange, or otherwise dispose of any property acquired and designate any proceeds from such disposal for the benefit of the center. Authorizes the Secretary of the Interior to acquire by donation or purchase with donated or appropriated funds the Colonel Charles Young Home and adjacent lands in Wilberforce, Ohio, not to exceed 80 acres, which when acquired shall be known as the Wilberforce National Historic Site.
United States · United States Congress · 25 September 1979
Amends the Internal Revenue Code to increase the unified tax credit for both estate and gift taxes from $47,000 to $155,800 over a five-year phase-in period from 1980 through 1984, with annual inflation adjustments.
United States · United States Congress · 25 September 1979
Amends the Internal Revenue Code to allow an income tax deduction with respect to the amortization, based on a period of 12 months, of federally required property. Defines "federally required property" as any depreciable property which the taxpayer uses in connection with his business plant or facility, the installation of which is required by Federal or State law.
United States · United States Congress · 18 September 1979
Directs the Secretary of Agriculture to convey specified Federal land in the Louisiana National Forest to the State of Louisiana on the following conditions: (1) such conveyed property shall be used for the training and support of the National Guard of Louisiana; (2) the United States shall retain all mineral rights of such property and the right to use such land in a national emergency or for national defense; (3) such land shall remain subject to all existing easements, servitudes, and rights-of-way; and (4) the State of Louisiana shall convey certain State-owned land in Camp Livingston, Louisiana, to the United States. Authorizes the Secretary to accept such land subject to all existing easements, servitudes, and rights of way. Requires such land conveyed to the United States to be designated as national forest land and administered by the Secretary.
United States · United States Congress · 12 September 1979
Amends the Internal Revenue Code to provide that interest earned on a nonnegotiable time deposit certificate which has a maturity of one year or less will not be treated as received or accrued until the earlier of its maturity date or the date on which it is redeemed. Excludes such certificates from classification as a discount instrument of indebtedness.
United States · United States Congress · 11 September 1979
Uniformed Services Health Professionals Special Pay Act of 1979 - Provides special and additional pay for physicians in the Armed Forces or the Public Health Service who are on active duty for a period of not less than one year. Sets forth a schedule for such special pay providing that: (1) physicians below pay grade 0-7 are to receive between $1,200 and $10,000 per year based on years of creditable service; and (2) physicians above pay grade 0-6 are to receive $1,000 per year. Entitles a physician eligible for special pay to an additional $10,000 annual payment for any 12-month period during which he or she is not undergoing medical internship or initial residency training. Requires such a physician to agree in writing to remain on active duty for a period of not less than one year in order to receive such $10,000 additional payment. Authorizes additional special pay (from $2,000 to $5,000 based on years of creditable service) for those physicians eligible for special pay who are board certified (under regulations prescribed by this Act). Sets forth a special pay schedule for dentists in the Armed Forces or in the Public Health Service who are on active duty for not less than one year providing that: (1) dentists below pay grade 0-7 are to receive between $1,200 and $9,000 per year based on years of creditable service; and (2) dentists above pay grade 0-6 are to receive $1,000 per year. Entitles a dentist eligible for special pay to an additional annual payment ($6,000 to $10,000 depending on years of creditable service) for any 12-month period during which he or she is not undergoing dental internship or residency training. Requires such a dentist to agree in writing to remain on active duty for a period of not less than one year in order to receive such payment. Authorizes additional special pay (from $2,000 to $4,000 based on years of creditable service) for those dentists eligible for special pay who are board certified. Sets forth a special pay schedule for optometrists in the Armed Forces or the Public Health Service who are on active duty for not less than one year providing for: (1) payments of $1,000 to $3,000 per year depending on years of creditable service; and (2) additional annual payments of $1,000 for optometrists with at least three years of creditable service. Requires a written agreement for such additional payments. Defines "creditable service" for purposes of this Act to include all time spent in internship or residency while not on active duty, and all time spent on active duty (as a physician, dentist, optometrist or podiatrist). Authorizes special pay of $100 per month to podiatrists in the Armed Forces or in the Public Health Service who are on active duty for not less than one year and who have three or more years of creditable service. Directs the Secretary of Defense to establish standards for determining whether an officer is: (1) undergoing medical, dental, or optometry internship or residency training; and (2) board certified for a medical or dental specialty. Stipulates that any special pay received under this Act may not be included in computing the amount of any increase in pay authorized by any other uniformed services pay provisions, or in computing retired, severance, or readjustment pay. Provides for the refund of a specified percentage of the amount received by an officer who voluntarily terminates active service before the expiration of the one-year written agreement. Directs the Secretary to conduct a review every two years of such special pay authorizations. Requires the first such review to be submitted to the Congress no later than September 30, 1982. Repeals existing provisions of Federal law: (1) prohibiting special pay for veterinarians after September 1980; (2) setting forth guidelines for physicians' and dentists' continuation pay; and (3) regarding special pay for specified physicians below pay grade 0-7 who execute active duty agreements. Directs the Secretary to conduct an evaluation of alternatives for addressing the existing maldistribution of medical and dental specialties within the Armed Forces. Requires a final report to be submitted to the Congress no later than two years after enactment of this Act. Stipulates that health professionals eligible for basic and special pay under existing provisions shall not be paid less than such amounts as a result of amendments made by this Act. Authorizes appropriations of $3,000,000 for fiscal year 1981. Provides that special pay provisions under this Act shall take effect for periods beginning after September 30, 1979, or after date of enactment of this Act, whichever is later.
United States · United States Congress · 11 September 1979
Constitutional Amendment - Limits the increase of total budget outlays of the United States Government during any fiscal year to a percentage equal to the percentage increase in the gross national product during the previous calendar year. Stipulates that if the inflation rate exceeds three percent annually the increase in total outlays shall be reduced by one-fourth the difference between the inflation rate and three percent. Requires any surplus in total revenues received by the Government to be used to reduce the public debt. Allows the limit on total outlays to be changed by a three-quarters vote of both Houses of Congress, or to meet an emergency declared by the President. Continues Federal aid programs to States and local governments for a period of six years. Prohibits Congress authorizing any United States agency from requiring that a State or local government engage in additional or expanded activities without compensation equal to the additional costs.
United States · United States Congress · 10 September 1979
Federal Firearms Law Reform Act of 1979 - Title I: Amendments to Gun Control Act - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition and persons engaged in the business of repairing firearms. Adds a new definition, "engaged in the business", with respect to manufacturers, dealers, and importers. Includes as a manufacturer of ammunition a person whose gross sales of his own ammunition exceed $1,000 in any calendar year. Includes as a dealer in firearms a person who deals in firearms as a regular course of business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms. Replaces the current term "crime punishable by imprisonment for a term exceeding one year" with a new definition of "disabling crime." Eliminates certain activities regarding ammunition from the coverage of the current prohibitions. Revises current provisions respecting the interstate sale or transfer of firearms. Revises the current prohibition against selling a firearm or ammunition to certain persons (such as persons under indictment for a felony or addicted to drugs) to apply such prohibition only to persons convicted of a disabling crime. Revises the current prohibition against certain persons transporting a firearm or ammunition in interstate commerce to: (1) extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition; (2) conform such prohibition to the new "disabling crime" provision; and (3) include as additional categories illegal aliens, persons dishonorably discharged from the Armed Forces, and persons who have renounced their United States citizenship. Makes the same changes to the current prohibition against certain persons who receive a firearm or ammunition which has been transported in interstate commerce, but applies such prohibition to persons who are employed by specified individuals. Excludes ammunition dealers from the current licensing requirements. Stipulates that the Secretary of the Treasury may revoke a license only where the holder of such license has "knowingly" violated a provision of the Act or regulation. Bars the Secretary from denying or revoking a license on the basis of violations under this Act which are alleged in criminal proceedings instituted against a licensee, but for which such individual has not been convicted. Imposes as a condition for the inspection or examination of records, documents, and any firearm or ammunition kept by an importer, manufacturer, or dealer pursuant to this Act that the Secretary has reasonable grounds to believe that a violation has occurred and that evidence may be found on the premises of such persons. Restricts the firearm information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Stipulates that the general penalty under this Act shall apply to whoever "willfully" violates any provision. Prohibits, with respect to a person's second or subsequent conviction for illegally using or carrying a firearm during the commission of a felony, the granting of parole before completion of the minimum sentence. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Act (instead of "involved in or used or intended to be used"). Requires a court to award attorney's fees to the prevailing party (other than the United States) in an action or proceeding for the return of seized firearms or ammunition. Allows the court to award such fees in any other action upon a finding that the action was initiated in bad faith. Amends the rulemaking authority of the Secretary to provide that no regulation may require (1) the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or (2) the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Allows one House of Congress to disapprove by resolution any firearms regulation within 90 days of continuous session of the promulgation of such rule. Set forth procedures for such resolutions. Prohibits the Secretary from prescribing any rules identical to regulations disapproved by Congress without the enactment of additional legislation respecting his authority. Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Makes any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 7 September 1979
Amends the Internal Revenue Code to eliminate restrictions on the tax exclusion available to U.S. citizens residing in foreign countries with respect to the dollar limitation, treatment of community income, attribution rules, and meals and lodging furnished by an employer. Repeals provisions added by the Tax Reform Act of 1976 which allow income tax deductions for various expenses related to living abroad.
United States · United States Congress · 6 September 1979
Uniformed Services Health Professionals Special Pay Act of 1979 - Provides special and additional pay for physicians in the Armed Forces or the Public Health Service who are on active duty for a period of not less than one year. Sets forth a schedule for such special pay providing that: (1) physicians below pay grade 0-7 are to receive between $1,200 and $10,000 per year based on years of creditable service; and (2) physicians above pay grade 0-6 are to receive $1,000 per year. Entitles a physician eligible for special pay to an additional $10,000 annual payment for any 12 month period during which he or she is not undergoing medical internship or initial residency training. Requires such a physician to agree in writing to remain on active duty for a period of not less than one year in order to receive such $10,000 additional payment. Authorizes additional special pay (from $2,000 to $5,000 based on years of creditable service) for those physicians eligible for special pay who are board certified (under regulations prescribed by this Act). Sets forth a special pay schedule for dentists in the Armed Forces or the Public Health Service who are on active duty for not less than one year providing that: (1) dentists below pay grade 0-7 are to receive between $1,200 and $7,000 per year based on years of creditable service; and (2) dentists above pay grade 0-6 are to receive $1,000 per year. Entitles a dentist eligible for special pay to an additional annual payment ($6,000 to $8,000 depending on years of creditable service) for any 12 month period during which he or she is not undergoing dental internship or residency training. Requires such a dentist to agree in writing to remain on active duty for a period of not less than one year in order to receive such payment. Authorizes additional special pay (from $2,000 to $5,000 based on years of creditable service) for those dentists eligible for special pay who are board certified. Sets forth a special pay schedule for optometrists in the Armed Forces or the Public Health Service who are on active duty for not less than one year providing for: (1) payments of $1,000 to $3,000 per year depending on years of creditable service; and (2) additional annual payments of $1,000 for optometrists with at least three years of creditable service. Requires a written agreement for such additional payments. Defines "creditable service" for purposes of this Act to include all time spent in internship or residency while not on active duty, and all time spent on active duty (as a physician, dentist, or optometrist). Directs the Secretary of Defense to establish standards for determining whether an officer is: (1) undergoing medical, dental, or optometry internship or residency training; and (2) board certified for a medical or dental specialty. Stipulates that any special pay received under this Act may not be included in computing the amount of any increase in pay authorized by any other uniformed services pay provisions, or in computing retired, severance, or readjustment pay. Provides for the refund of a specified percentage of the amount received by an officer who voluntarily terminates active service before the expiration of the one-year written agreement. Directs the Secretary to conduct a review every two years of such special pay authorizations. Requires the first such review to be submitted to the Congress no later than September 30, 1982. Repeals existing provisions of Federal law: (1) prohibiting special pay for veterinarians after September 1980; (2) setting forth guidelines for physicians' and dentists' continuation pay; and (3) regarding special pay for specified physicians below pay grade 0-7 who execute active duty agreements. Directs the Secretary to conduct an evaluation of alternatives for addressing the existing maldistribution of medical and dental specialties within the Armed Forces. Requires a final report to be submitted to the Congress no later than two years after enactment of this Act. Stipulates that health professionals eligible for basic and special pay under existing provisions shall not be paid less than such amounts as a result of amendments made by this Act. Authorizes appropriations of $3,000,000 for fiscal year 1981. Provides that special pay provisions under this Act shall take effect for periods beginning after September 30, 1979, or after the date of enactment of this Act, whichever is later.
United States · United States Congress · 5 September 1979
Amends the Internal Revenue Code to provide a tax exclusion from personal income earned abroad by an individual performing qualified charitable services for a tax-exempt employer created or organized in the United States. Limits such exclusion to an amount not to exceed a figure computed on a daily basis at an annual rate of $20,000. Sets a formula for the maximum amount of exclusion for an individual who performs such charitable services and also performs other services while residing in a camp located in a hardship area.
United States · United States Congress · 2 August 1979
Small Business Judicial Access Act of 1979 - Title I: Revision of Class Damage Procedures - Repeals Federal Rule of Civil Procedure 23 (b)(3) (class actions where common questions of law or fact predominate) and creates two new types of civil actions against persons whose conduct gives rise to private actions for damages under statutes of the United States: (1) a public action vesting a single claim in the United States where (a) at least 200 persons have each sustained injury of less than $300, and (b) the combined damages exceed $60,000; and (2) a class compensatory action where at least 40 persons have each sustained injury greater than $300. Requires in both actions that the injuries or liability arise out of the same transaction or occurrence and that a substantial common question of law or fact exist. Authorizes the court, in a public action against the United States, to make orders limiting the involvement of the Attorney General. Allows a public action to be brought by the United States or private person in the name of the United States. Authorizes the Attorney General, in actions by a private person, to: (1) assume control of the action; (2) permit prosecution by the private person; (3) refer the action to a State attorney general in specified circumstances; or (4) recommend to the court that the action be dismissed. Requires, in a public action brought by a private person where the United States prevails, the defendant to pay the relator taxable costs, reasonable expenses (including attorney fees where allowed by law), and an incentive fee. Specifies calculation of such fee, to a maximum of $10,000, and precludes payment to the relator's attorney. Establishes guidelines for the calculation of attorney fee awards in both actions. Defines, in a public action where liability has been found, the bases of recovery. Allows the court to include in the judgment injunctive or declaratory relief. Establishes in the Administrative Office of the United States Courts a Public Recovery Fund. Specifies procedures for the administration of such fund for allocation of the fund to injured persons who make claims. Requires, in a class compensatory action, that: (1) damages be proven by any legal method; (2) liability and damages be separately determined; and (3) a defendant found liable identify and serve notice upon persons likely to have been injured. Prescribes procedures for judicial management of public and class compensatory actions relating to: (1) discovery; (2) preliminary hearings; (3) notice to other members of the class; (4) transfer and consolidation of actions; (5) the effect of a judgment on other members of the class; (6) settlement; and (7) the examination of requests for attorney's fees. Title II: Appeal of Small Civil Penalties Against Small Business Concerns - Permits any small business concern to appeal a civil penalty levied against it by a Federal agency directly to a United States district court provided such penalty does not exceed $2,500 and is not within the jurisdiction of the United States Tax Court, Customs Court, Court of Military Appeals, or Court of Claims. Directs the district court to refer such appeals to a United States magistrate who may dismiss an appeal for want of jurisdiction, or affirm, rescind, or modify the civil penalty involved. Declares that any determination on the merits of such an appeal by a magistrate shall be a final nonreviewable order. Title III: Office of Advocacy - Directs the Office of Advocacy within the Small Business Administration to assist the Attorney General, a Federal agency, or a State in performing its duties in advancing public actions in order to facilitate collective relief to small business concerns for violations of Federal statutes. Requires the Chief Counsel for Advocacy to submit specified reports to the President and the Congress on the procedures established by this Act.
United States · United States Congress · 2 August 1979
Repeals the requirement, under title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act, that the amount of monthly OASDI benefits payable to a spouse or surviving spouse be reduced by the amount such spouse or surviving spouse receives in monthly payments from a Federal or State pension fund.
United States · United States Congress · 1 August 1979
Employees Incentive Ownership Act of 1979 - Amends the Internal Revenue Code to remove restrictions on the use of restricted stock options and to eliminate the exercise of such stock options as an item of tax preference for purposes of the minimum tax.
United States · United States Congress · 17 July 1979
Amends the Internal Revenue Code to allow domestic corporations an income tax deduction for dividends paid by such corporations during the taxable year, in lieu of the deduction for dividends received from other corporations. Disqualifies the following types of corporations: (1) Subchapter S corporations; (2) regulated investment companies; (3) real estate investment trusts; (4) personal holding companies; and (5) domestic international sales corporations (DISC). Limits the amount of the deduction for dividends received from certain foreign corporations to 85 percent of a corporation's taxable income computed without regard to other deductions and the capital loss carryback. Provides that such limitation shall not apply to any corporation which has a net operating loss for the taxable year. Disallows any deduction for dividends on any share of stock which is sold by a taxpayer who has held such stock for less than 15 days (90 days for preferred stock) or stock for which the taxpayer is under an obligation to make corresponding payments with respect to substantially identical stock or securities. Repeals provisions allowing deductions for dividends received on certain preferred stock.
United States · United States Congress · 16 July 1979
Amends the Internal Revenue Code to provide a tax exclusion from personal income earned abroad by an individual performing qualified charitable services for a tax-exempt employer created or organized in the United States. Limits such exclusion to an amount not to exceed a figure computed on a daily basis at an annual rate of $20,000. Sets a formula for the maximum amount of exclusion for an individual who performs such charitable services and also performs other services while residing in a camp located in a hardship area.
United States · United States Congress · 13 July 1979
Farm Credit Act Amendments of 1979 - Title I: Federal Land Banks and Associations - Amends the Farm Credit Act of 1971 to authorize any Federal land bank, under the supervision of the Farm Credit Administration, to: (1) participate in loans with other Farm Credit System institutions (i.e., Federal land banks, Federal land bank associations, Federal intermediate credit banks, production credit associations, and banks for cooperatives); (2) participate in loans which the land banks are authorized to make with lenders which are not Farm Credit System institutions; (3) sell interests in loans to such lenders; (4) buy from and sell to Farm Credit System institutions interests in loans, other extended financial assistance, and nonvoting stock; (5) make other investments; (6) accept contributions to their capital from Federal land bank associations; (7) enter into agreements with other Farm Credit System institutions to share loan and other losses; (8) issue nonvoting stock to borrowers as a patronage refund; and (9) make or participate with other lenders in long-term real estate mortgage loans not exceeding 85 percent of the appraised value of the real estate security. Makes producers and harvesters of aquatic products eligible for Federal land bank services. Authorizes Federal land bank associations to make capital contributions to a Federal land bank. States that a member of a Federal land bank association need not make the required purchases of land stock with respect to that part of a loan derived from a lender which is not a Farm Credit System institution. Authorizes the Federal land bank associations to pay dividends on a differential basis between different classes and issues of stock and participation certificates corresponding to the value of such classes and issues to the capital or earnings of the Federal land bank in its district. Permits the Federal land bank associations to agree to share loan and other losses with other Farm Credit System institutions. Title II: Federal Intermediate Credit Banks and Production Credit Associations - Authorizes the Federal Intermediate Credit Banks, subject to the supervision of the Farm Credit Administration, to: (1) buy from and sell to Farm Credit System institutions interests in loans, other extended financial assistance and nonvoting stock; (2) make other investments; (3) agree to share loan and other losses with other Farm Credit System institutions; (4) participate with other Farm Credit System institutions in making loans; and (5) issue nonvoting stock to such institutions. Authorizes the Federal intermediate credit banks to discount for, or purchase from other financial institutions loans made to producers and harvesters of aquatic products. Permits any Federal intermediate credit bank to transfer more than 2.5 percent of its net earnings after expenses to its allocated reserve account (presently, not more than 25 percent of such earnings may be transferred to this account). Authorizes each production credit association, subject to the supervision of the intermediate credit bank in its district and the Farm Credit Administration, to: (1) buy from and sell to any bank in the Farm Credit System interests in loans, other financial assistance extended, and nonvoting stock; (2) participate in loans with other Farm Credit System institutions; (3) agree to share loan and other losses with other Farm Credit System Institutions; (4) issue participation certificates to eligible borrowers in lieu of nonvoting stock; and (5) issue participation certificates or nonvoting stock to any financial institution outside the Farm Credit System with which the association participates in a loan in satisfaction of the requirement that a borrower own such stock or participation certificates. Requires a borrower to own only that amount of stock or participation certificates which is proportionate to that portion of a loan retained by a production credit association when it participates with another lender in making a loan. Authorizes the production credit association to extend loan assistance to bona fide farmers, ranchers, and producers and harvesters of aquatic products for basic processing and marketing directly related to the borrower's operations. Title III: Banks and Cooperatives - Empowers each bank for cooperatives, subject to the supervision of the Farm Credit Administration, to: (1) participate with other Farm Credit System institutions in making loans; (2) deposit its securities and current funds with any domestic or foreign financial organization (presently, such deposits must be made at a member bank in the Federal Reserve System); (3) buy and sell bankers acceptances which are obligations of member banks in the Federal Reserve System; (4) buy and sell other obligations including those which arise in the course of transactions which the bank has assisted through loans; (5) buy from and sell to Farm Credit System institutions interests in loans, other financial assistance extended and nonvoting stock; (6) make other investments; (7) invest in foreign and domestic business entities to facilitate the obtaining of credit information and the performance of services related to international transactions; (8) maintain credit balances to assist in the transfer of funds between parties to authorized transactions; (9) agree to share loan and other losses with other Farm Credit System institutions; and (10) issue participation certificates to parties who may not be issued voting stock. Requires all participation certificates, voting and nonvoting stock issued by the banks for cooperatives to be retired at par value. Authorizes the banks for cooperative to: (1) offer a currency exchange for eligible cooperative associations; and (2) extend loans, loan participation commitments, and other technical and financial assistance to any domestic or foreign party in which a member cooperative has an ownership interest or which engages with the cooperative in dealings in agricultural or aquatic products, farm supplies or the lease of property, provided such assistance substantially benefits the member cooperative. Enables cooperatives solely engaged in furnishing aquatic business services to borrow from the banks for cooperatives. Reduces the degree of ownership in a cooperative which must be held by farmers, producers or harvesters of aquatic products, or other cooperative associations in order to make such a cooperative eligible to borrow from a bank for cooperatives. Requires a bank for cooperatives to retire any equity held by a borrower in default or dissolution at fair market value not to exceed the par value of the equity interest of the borrower. Prohibits the retirement or cancellation of such an equity interest if the bank's capital structure would be adversely affected. Permits each bank for cooperatives to transfer more than 25 percent of its net annual savings to a surplus account. Authorizes the banks for cooperatives to pay patronage refunds to borrowers in the form of participation certificates. Title IV: Provisions Applicable to Two or More Classes of Institutions of the System - Declares that interest rates established by the Farm Credit Administration for loans made by Farm Credit System institutions shall preempt any interest rate limitation imposed by State law. States that when two or more Farm Credit System institutions participate in a loan as authorized by this Act, the terms of such loan shall be those agreed upon by the institutions. Requires that such factors as borrower eligibility, membership, term, amount, loan security and purchase of stock or participation certificates by the borrower are to be governed by the provisions of law applicable to the institution originating the loan. Exempts credit transactions of Farm Credit System institutions from the provisions of any State statute or any other law or regulation which impose, with regard to a credit transaction, any duty or requirement which had been imposed by the Truth in Lending Act before amendment. Authorizes the institutions of the Farm Credit System to organize corporations to perform non-lending functions and services which such institutions are authorized to perform. Empowers the Governor of the Farm Credit Administration to review and revise the charters of such corporations. States that such corporations shall be subject to supervision and examination by the Administration. Title V: District and Farm Credit Administration Organization - Revises the process for the election of farm credit district directors by reducing from three to two the number of nominees in the election poll. Establishes the rate of compensation for the Federal Farm Credit Board at the daily equivalent of the rate prescribed for grade GS-18 of the General Schedule. Authorizes the Board to fix the salary of the Governor of the Farm Credit Administration at any level not exceeding the maximum rate of basic pay in the Executive Schedule. Authorizes the Governor to appoint Deputy Governors to provide assistance in the functioning of the Farm Credit Administration. Exempts the Administration from provisions of Federal law relating to appointments in the competitive civil service, travel expenses, allowances, procurement, and property disposition. Credits employees of Farm Credit System institutions with specified leave and retirement benefits when they are transferred to Federal service in the Farm Credit Administration.
United States · United States Congress · 11 July 1979
Amends the Export Administration Act of 1969 to prohibit grain exports to countries designated by the Secretary of Commerce as having exportable petroleum, except pursuant to a contract. Sets forth the provisions to be included in such contract, including a provision that any grain exported is to be exchanged for petroleum to be exported to the United States. Requires the designations of countries with exportable petroleum to be published in the Federal Register.
United States · United States Congress · 28 June 1979
Smaller Enterprise Regulatory Improvement Act - Amends the Small Business Act to require each Federal agency to publish semiannually an agenda of those rules which may be proposed during the upcoming six-month period affecting a substantial number of small business concerns and small organizations. Defines "small organizations" to include unincorporated businesses, sheltered workshops, nonprofit enterprises which are not dominant in their fields and such other groups and enterprises as each Federal agency shall establish by rule. Requires each published agenda to be transmitted to the Office of Advocacy of the Small Business Administration for comments. Directs each Federal agency to endeavor to provide notice of each agenda to affected small enterprises by means other than publication in the Federal Register. Directs each Federal agency to publish a written analysis prior to the issuance of any rule affecting a substantial number of small business concerns and organizations which considers: (1) the effect of such rule on small enterprises and competition; (2) whether an exemption could be provided such small enterprises; (3) whether lesser compliance standards could be adopted for small enterprises; and (4) the expected nature of reporting and recordkeeping requirements necessitated by such rule. Requires each Federal agency to issue a rule containing an exemption or differing compliance standards for such small business concerns and organizations if it is lawful, desirable, and feasible to do so. States that such small enterprises shall be given an opportunity to participate in agency rulemaking. Requires each agency to review its existing rules and prepare an analysis for purposes of eliminating those rules which are most burdensome to small businesses and organizations. Permits any agency to perform the analyses required by this Act in conjunction with any other analysis required by law. Declares that such other analysis shall not in itself satisfy the requirements of this Act.
United States · United States Congress · 28 June 1979
Amends the Internal Revenue Code to exclude from gross income up to $1,000 of the interest earned on a savings account in a bank, mutual savings bank, or credit union.
United States · United States Congress · 27 June 1979
Armed Forces Earned Educational Assistance Act - Entitles any individual who enlists or reenlists for the first time in the armed forces for a period of two or more years and who possesses a critical military skill, as determined by the Secretary concerned, to specified educational benefits. Stipulates that such assistance may be for a period of up to 36 months of full time educational assistance. Directs the Administrator of Veterans' Affairs and the Secretary of Defense to submit to Congress a joint report containing their respective plans for implementing such program. Requires the Secretary of Defense to report to Congress semiannually on the operation of such program.
United States · United States Congress · 27 June 1979
Capital Cost Recovery Act of 1979 - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Allows a ten percent investment tax credit for buildings and tangible property, and a six percent credit for automobiles, taxis, and light duty trucks. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year.
United States · United States Congress · 21 June 1979
Amends the Powerplant and Industrial Fuel Use Act of 1978 to permit local distribution companies to provide natural gas service to residential customers for use in outdoor lighting fixtures installed before the enactment of such Act.
United States · United States Congress · 21 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 · 20 June 1979
Motor Carrier Regulatory Improvement Act of 1979 - Title I: General Provisions - Declares the findings of Congress that: (1) a safe, sound, competitive, and fuel efficient motor carrier system is vital to the maintenance of a strong national economy and defense system; (2) the objective of a motor carrier system serving the Nation as a whole can best be achieved through the plan of regulation adopted in 1935; and (3) the Interstate Commerce Commission must administer such regulatory system through the issuance of certificates and permits necessary to implement more effectively the standards of public convenience and necessity and of consistency with the public interest. Title II: Motor Carrier Entry - Requires the Commission, in determining whether to issue any certificate authorizing motor carrier transportation, to take specified factors into consideration including the degree of existing competition and fuel conservation with respect to an applicant's requested route authority. Prohibits the Commission from considering an applicant's level of proposed rates in making a determination regarding such requested route authority but directs the Commission to consider whether the level of rates of existing carriers is so high as to constitute an embargo of the traffic. Authorizes the Commission to require a carrier which is protesting a grant of operating authority to show that: (1) it is able to handle the traffic contained in the application; (2) it is willing to provide such service; and (3) it has either performed service or solicited business within the scope of the application. Stipulates that a contract carrier does not have to limit its operation to carriage for a particular industry or within a particular geographic area. Removes the requirement that the Commission, in deciding whether to grant a permit to a motor contract carrier, consider the number of shippers to be served by the carrier or the nature of the transportation to be provided. Stipulates that an application for conversion of motor contract carrier authority to motor common carrier authority must be filed with the Commission when the operations of the contract carrier in fact become common carriage. Stipulates that a person may not hold a certificate of a motor common carrier of property or a permit of a motor contract carrier of property if the person performing the transportation is doing so in the furtherance of a nontransportation primary business. Authorizes one corporation to provide transportation services for another corporation without a certificate or a permit under specified conditions. Directs the Commission to approve pooling and division of transportation or earnings agreements between common carriers without a hearing, unless it finds that the agreement is of major transportation importance or there is a substantial likelihood that the agreement will unduly restrain competition. Stipulates that, if the Commission finds that either of such factors exist, it shall conduct a hearing to determine if the agreement will be in the interest of better service to the public or of economy in operation. Exempts from the Commission's jurisdiction certain carriage of property by motor vehicle which is incidental to transportation by aircraft. Title III: Motor Carrier Rates - Prohibits the Commission from disapproving motor carrier rate bureau agreements unless it finds that such an agreement would violate or not be in furtherance of the national transportation policy. Exempts such approved agreements from the antitrust laws. Revises the voting processes within rate bureau meetings. Directs the Commission, in determining the reasonableness of motor property carrier rate levels, to approve and maintain revenue levels that are adequate to cover total operating expenses, including the operation of leased equipment, and depreciation based upon the replacement cost of useful equipment and facilities of current prices, plus a reasonable profit. Prohibits the Commission from suspending a motor carrier rate on the basis that it exceeds or is below a just and reasonable if: (1) the rate changes are not of general applicability to all or substantially all classes of traffic; (2) the rate change if filed within five years after the enactment of this Act; and (3) the rate increase or decrease is not more than seven percent annually. Grants the Commission the exclusive authority to prescribe an intrastate rate for a motor carrier of property if: (1) the carrier files a change in such a rate with the appropriate State authority; and (2) the State does not act finally on such proposed change within 120 days. Limits a State's power to assess or collect discriminatory taxes on motor carriers of property. Title IV: Expediting Motor Carrier Proceedings - Establishes time limitations for actions of the Commission regarding motor carriers of property proceedings.
United States · United States Congress · 20 June 1979
Authorizes the Interstate Commerce Commission to prescribe through lines and joint rates for motor carriers of property. Prohibits the Commission from requiring such a carrier, without its consent, to embrace in such a mandated route substantially less than the entire length of its route and of any intermediate carrier operated in conjunction and under a common management which lies between the termini of such proposed through route unless: (1) such inclusion of lines would make the through route unreasonably circuitous; or (2) the Commission finds that the through route proposed to be established is needed in order to provide adequate, more efficient, or more economic transportation. Requires carriers participating in a through route and joint rate to promptly pay rate divisions or make interline settlements. Allows the suspension or cancellation of such a route and rate under rules promulgated by the Commission in the event of undue delinquency in the settlement of such divisions or interline settlements.
United States · United States Congress · 19 June 1979
Lifelong Learning Act of 1979 - Amends title I of the Higher Education Act of 1965: (1) to repeal provisions of such title dealing with community service and continuing education programs, including the National Advisory Council on Extension and Continuing Education; and (2) to establish a new title I "Lifelong Learning" which is to make education and training opportunities available to all citizens throughout life. Authorizes appropriations for purposes of this Act through fiscal year 1985. Stipulates that 35 percent of such appropriated funds shall be used for comprehensive State planning programs. Provides that individual, eligible States shall receive such funds based on population, with a minimum grant of $50,000. Authorizes a State to request that a part of its allotment be transferred to another State for certain purposes. Requires States receiving less than $100,000 for such planning programs to use not less than 40 percent nor more than 50 percent of such funds for such purpose, and States receiving more than $100,000 to use not less than 30 percent nor more than 40 percent of such funds for such purpose. Authorizes States to use the remainder of such planning funds to implement statewide planning through grants to, or contracts with, appropriate State agencies and institutions. Stipulates that 30 percent of such Federal funds appropriated under this Act shall be used by eligible States for grants to institutions of higher education for post secondary continuing education and related adult education programs and services. Stipulates that 30 percent of such Federal funds appropriated under this Act shall be used for grants to, and contracts with, public and private agencies, institutions, and individuals for special purpose grants. Prohibits such grants from being given without the appropriate State agency having been given an opportunity to comment upon such grant's relevance to the State's comprehensive statewide planning program. Stipulates that five percent of such Federal funds appropriated under this Act shall be used for Federal lifelong learning activities, including the convening of a Lifelong Learning Conference in 1983. Requires States wishing to receive Federal funds for comprehensive planning programs and grants to institutions of higher education to submit an agreement. Sets forth guidelines for such agreement. Transfers responsibility for such programs from the Assistant Secretary to the Secretary of Health, Education, and Welfare. Directs the President to appoint a National Advisory Council on Lifelong Learning within 90 days of enactment of this Act.
United States · United States Congress · 18 June 1979
Amends the Safe Drinking Water Act to exempt from applicable Federal regulations any State having in effect a law, rule, or regulation applicable to underground injection control related to the production or recovery of oil or natural gas unless the Administrator of the Environmental Protection Agency finds that such law, rule, or regulation fails to protect underground sources of drinking water. Provides that any State for which such finding is made may amend its law, rule, or regulation in order to benefit from such exemption where approved by the Administrator. Exempts from the underground injection well permit requirements any State having in effect such law, rule, or regulation approved by the Administrator. Exempts from the administrative procedure and judicial review requirements of the United States Code any action relating to national interim primary drinking water regulations, revised national primary drinking water regulations, and State underground injection control program regulations, except as expressly provided by this Act. Directs the Administrator to establish a docket for such actions, and sets forth notice and public and agency commenting requirements for any proposed rulemaking. Sets forth procedures and other requirements for promulgating rules concerning drinking water regulations, and establishes procedures for judicial review of such actions. Amends the definition of "primary drinking water regulation". Revises the standard for the promulgation of primary drinking water regulations. Makes technical and conforming amendments to such Act. Requires any State having primary enforcement responsibility to submit notice to the Administrator that its public water system supervision program conforms to any revision or amendment to any national primary drinking water regulation made by the Administrator. States that failure to submit such notice shall be grounds for withdrawal of State primary enforcement responsibility. Amends such Act to authorize a State having such enforcement responsibility to exempt from maximum contaminant level requirements or treatment technique requirements any public water system not having any reasonable alter native source of drinking water available. Revises the dates for compliance by public water systems with contaminant level and treatment technique requirements. Extends the effective date for State underground injection control regulations approved by the Administrator. Authorizes the waiver of the prohibition against State grants being made for any period beginning more than one year after the date of a State's first grant having been made for a period of 18 months after the effective date of any amendment or revision of the national primary drinking water regulations if the State has assumed primary enforcement responsibility and is making diligent efforts to comply with such amendment or revision. Prohibits the Administrator from making grants to any State unless the State has assumed primary enforcement responsibility within two years after the Administrator promulgates State underground injection control program regulations.
![Official portrait of Rep. Leach, Claude (Buddy), Jr. [D-LA-4]](https://www.congress.gov/img/member/b34e494f94cd1bcdbb680d60bd56214e_200.jpg)