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 · 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 · 27 July 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 10 July 1979
Declares it the sense of Congress that the Postmaster General and the Citizens Stamp Advisory Committee should give favorable consideration to the issuance of a commemorative postage stamp in honor of Americans of Italian descent and the 250th anniversary of the birth of Philip Mazzei on December 25, 1980, or as soon as possible thereafter. States that the Postmaster General and the Committee should honor other foreign-born contributors to the revolutionary cause, from countries which have not yet been commemorated, prior to the conclusion of the American Bicentennial celebration in 1983.
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 · 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 · 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.
United States · United States Congress · 14 June 1979
Directs the Postmaster General to issue a special postage stamp in honor of Filippo Mazzei, and in tribute to the millions of Americans of Italian descent who have played an important role in American history.
United States · United States Congress · 7 June 1979
Treasury, Postal Service, and General Government Appropriations Act, 1980 - Title I: Department of the Treasury - Treasury Department Appropriations Act, 1980 - Makes appropriations for fiscal year 1980 within the Department of the Treasury for the following: (1) the Office of the Secretary for salaries and expenses; (2) international affairs; (3) the Federal Law Enforcement Training Center for salaries and expenses; (4) the Bureau of Government Financial Operations for salaries and expenses and payment of government losses in shipment; (5) the Bureau of Alcohol, Tobacco and Firearms for salaries and expenses; (6) the United States Customs Service for salaries and expenses; (7) the Bureau of the Mint for salaries and expenses; (8) the Bureau of the Public Debt for administering the public debt; (9) the Internal Revenue Service for: salaries and expenses; taxpayer services and return processing; examinations and appeals; investigations and collections; and payment where energy credit exceeds liability for tax; and (10) the United States Secret Service for salaries and expenses. Title II: U.S. Postal Service - Postal Service Appropriation Act, 1980 - Makes appropriations for fiscal year 1980 to the United States Postal Service for payment to the Postal Service Fund. Title III: Executive Office of the President - Executive Office Appropriations Act, 1980 - Makes appropriations for fiscal year 1980 within the Executive Office of the President for the following: (1) Compensation of the President; (2) the Office of Administration for salaries and expenses; (3) the White House Office for salaries and expenses; (4) the executive residence at the White House for operating expenses; (5) the official residence of the Vice President for operating expenses; (6) special assistance to the President for salaries and expenses; (7) the Council of Economic Advisers for salaries and expenses; (8) the Council on Wage and Price Stability for salaries and expenses; (9) the Domestic Policy Staff for salaries and expenses; (10) the National Security Council for salaries and expenses; (11) the Office of Management and Budget for salaries and expenses; (12) the Office of Federal Procurement Policy for salaries and expenses; and (13) unanticipated needs. Title IV: Independent Agencies - Independent Agencies Appropriations Act, 1980 - Makes appropriations for fiscal year 1980 to the following independent agencies: (1) the Administrative Conference of the United States for salaries and expenses; (2) the Advisory Commission on Intergovernmental Relations for salaries and expenses; (3) the Advisory Committee on Federal Pay for salaries and expenses; (4) the Committee for Purchase from the Blind and Other Severely Handicapped for salaries and expenses; (5) the Federal Election Commission for salaries and expenses; (6) the General Services Administration (GSA) for: the Federal Buildings Fund through limitations on the availability of revenue; the Federal Supply Service for operating expenses; the National Archives and Records Service for operating expenses and records declassification; the Automated Data and Telecommunications Service for operating expenses; the Federal Telecommunications Fund; Federal Property Resources Activities for operating expenses (including a transfer of funds); general management and agency operations for salaries and expenses; Indian Trust Accounting; allowances and office staff for former presidents; administrative and staff support services for salaries and expenses; and for the Business Service Centers and Federal Information Centers. Credits to the appropriation account of the GSA specified receipts from Government corporations and funds connected with Federal property transfers. Permits the use of GSA-Department of Agriculture project or any other common user shared facility. Appropriates funds to the following independent agencies for fiscal year 1980: (1) the Office of Personnel Management for salaries and expenses (including a transfer of funds); (2) for government payment for annuitants, employees health benefits; (3) for payment to Civil Service Retirement and Disability Fund; (4) for intergovernmental personnel assistance; (5) for the Merit Systems Protection Board for salaries and expenses (including a transfer of funds); (6) for the Office of Special Counsel for salaries and expenses; (7) for the Federal Labor Relations Authority for salaries and expenses; (8) for the President's Commission on Pension Policy for salaries and expenses; and (9) for the United States Tax Court for salaries and expenses. Title V: General Provisions - Limits the amount of funds which may be used for travel expenditures. Prohibits funding of a position held by the replacement of an employee who has entered the Armed Forces after such employee has been discharged from the Armed Forces, and certified as still qualified to perform the duties of the civilian position, but has not been restored thereto. Prohibits the establishment of new government offices unless approved and provided appropriations by the Congress. States that no part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Restricts the procurement of foreign made hand or measuring tools and stainless steel flatware. Prohibits the use of funds for administrative expenses connected with the transfer of the activities of the United States Customs Service. Title VI: General Provisions (Departments, Agencies, and Corporations) - Sets forth the maximum amount allowable for the purchase of motor vehicles by Government departments, agencies, and corporations. Restricts the use of appropriations to such entities for the employment of aliens. Prohibits the compensation of any employee of the Postal Service who hinders or penalizes another employee in communicating with a Member or committee of Congress. Prohibits the use of appropriations to finance interdepartmental bodies which have not been approved by Congress. Provides for the payment of rents and service charges to the GSA and the compensation of guards and special policemen. Prohibits the use of appropriations for rentals and compensation in excess of the rates established by the GSA and the General Schedule. Prohibits expenditures related to new construction projects under the Public Buildings Amendments of 1972.
United States · United States Congress · 21 May 1979
Farm Water Act of 1979 - Replaces the existing acreage limitation of 160 acres of reclaimed land per individual with a limitation of 320 acres. Permits larger acreages where the land is less productive or other factors make it less valuable for agriculture. Lists specified lands to which the acreage limitations shall not apply including land within a water district which has paid construction charges of the reclamation project relating to the delivery of water to such landholding. Prevents the delivery of water to irrigable land in excess of 320 acres held in private ownership by a single landowner if such landowner refuses to execute a valid contract for the sale of such excess land. States that the provisions of this Act shall not effect existing contracts between the United States and excess landowners relating to the disposal of such excess lands. Permits the delivery of project water to excess land after the effective date of this Act only if the title to such land is made subject to a condition that the land shall not be sold at a price greater than the landowner's costs increased only by the rate increase of the consumer price index for the period between the dates of purchase and sale. Abolishes the requirement that a qualified recipient must reside on or near a landholding in order for such landholding to be eligible to receive water. Permits charitable or religious nonprofit organizations to continue to receive water supplies under contracts executed prior to January 1, 1978. Waives the sovereign immunity of the United States to State law claims and other contractual actions brought in the Federal district courts.
United States · United States Congress · 14 May 1979
Amends the Currency and Foreign Transactions Reporting Act to authorize customs officers to stop and search without a search warrant any vehicle or person, if there is reasonable cause to suspect that monetary instruments are being transported for which reports are required.
United States · United States Congress · 14 May 1979
Amends the Currency and Foreign Transactions Reporting Act to include anyone attempting to transport or have transported monetary instruments across the borders of the United States among the persons required to file a report under such Act.
United States · United States Congress · 14 May 1979
Amends the Currency and Foreign Transactions Reporting Act to authorize the Secretary of the Treasury to pay informants who report violations of the reporting requirements applicable to exports and imports of monetary instruments.
United States · United States Congress · 9 May 1979
Amends the Internal Revenue Code to deny the foreign tax credit for foreign related oil income. Defines "foreign oil related income" as income derived from sources outside the United States from: (1) the extraction of minerals from oil or gas wells; (2) the processing of such minerals into their primary products; (3) the transportation and sale of such minerals or primary products; or (4) the sale or exchange of assets used in energy related businesses. Denies credit carryovers and net operating loss carrybacks with respect to foreign oil related income.
United States · United States Congress · 8 May 1979
Title I: Authorizations and Miscellaneous Amendments - Amends the Small Business Act to authorize appropriations for specified programs and expenses of the Small Business Administration. States that all appropriations, whether specifically or generally authorized, shall remain available until expended. Authorizes the Administration to make disaster loans available to small business concerns affected by a shortage of energy-producing resources caused by a strike, boycott, or embargo unless such strike, boycott or embargo is directly against such small business concern. Makes specified low-interest loans available under the Small Business Act until October 1, 1982, for the relief of small business concerns affected by disasters occurring on or after October 1, 1978. Provides loans bearing interest at three percent for amounts not exceeding $55,000, for the repair or replacement of a principal residence or personal property. Makes the following disaster loans available under the Small Business Act and the Consolidated Farm and Rural Development Act: (1) loans bearing interest at three percent on amounts for the repair or replacement of property damaged or destroyed if the applicant is unable to obtain sufficient credit elsewhere; and (2) loans bearing interest at the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus not to exceed one percent if the applicant is able to obtain credit elsewhere. Stipulates that the total amount outstanding and committed to any one borrower shall not exceed $500,000. Amends the Small Business Investment Act of 1958 to repeal the authority of the Administration to invest sums from the revolving fund for surety bond guarantees in Treasury bonds, obligations, and other guaranteed debt securities. Authorizes such investments from the revolving fund for qualified contract guarantees. Title II: Small Business Development Centers - Authorizes the Small Business Administration to make grants to States, State agencies, regional entities, State- chartered development credit corporations, and institutions of higher learning to assist in establishing Small Business Development Centers. Requires such grants to be matched in equal amounts by funds from non-Federal sources. Establishes additional restrictions on such grants for fiscal years 1979 through 1982. States that Small Business Development Centers shall have a full-time staff, business and technology analysts, information and professional specialists, and access to laboratory and engineering facilities. Requires such Centers to provide small businesses with business and technology counseling, information on government regulations, library services, and comprehensive studies and surveys. Directs federally funded laboratories and innovation centers to cooperate with the Small Business Development Centers. Requires the Administrator of the Small Business Administration to appoint a Deputy Associate Administrator for Management and Technical Assistance to administer the Small Business Development Center program. Establishes a National Small Business Development Center Advisory Board consisting of nine civilian members. Sets forth provisions governing the appointment of members, a Chairman, meetings, and compensation of the Board. Directs the Small Business Administration to conduct an evaluation of the Development Center program and to submit a report to the appropriate committees of Congress within three years. Title III: White House Conference on Small Business - White House Conference on Small Business Act - Directs the President to convene a White House Conference on Small Business by June 30, 1980, to identify the problems of small business concerns and to make recommendations for executive and legislative action. Requires the Conference to submit a report to the President and the Congress within one year of the date it convenes. Requires the Small Business Administration to report to the Congress within three years on the status and implementation of the findings and recommendations of the Conference. Makes such sums as are appropriated to carry out the provisions of this Act available until expended.
United States · United States Congress · 7 May 1979
Directs the Secretary of Energy to defer repayment of certain reimbursable costs incurred by the Southwestern Power Administration and to waive certain interest costs.
United States · United States Congress · 30 April 1979
Amends the Soil Conservation and Domestic Allotment Act to extend the period wherein the Secretary of Agriculture may enter into contracts for the conservation of soil in the Great Plains conservation program. Repeals funding limitations placed upon such program.
United States · United States Congress · 10 April 1979
Soft Drink Interbrand Competition Act - Declares that exclusive territorial arrangements made as a part of a licensing agreement for the manufacture, distribution, or sale of a trademarked soft drink product are lawful under the antitrust laws provided such product is in substantial and effective competition with other products of the same general class. Prohibits recovery in private actions under the Clayton Act based on territorial provisions in a trademark licensing agreement prior to a final determination that such provisions are unlawful.
United States · United States Congress · 10 April 1979
Paperwork and Redtape Reduction Act of 1979 - Title I: Central Management and Control Responsibility - Requires Federal agencies to utilize methods of collecting information which: (1) impose a minimum burden on business; (2) require a minimum cost to the Government; and (3) eliminate any unnecessary duplication of efforts. Establishes, within the Office of Management and Budget (OMB), the Office of Federal Information Management Policy (OFIMP) to have government-wide responsibility for setting policies and coordinating procedure governing the planning, budgeting, management, and control of Federal information management activities and of the measurement of the burdens imposed by such activities on businesses, State and local governments, and individuals. Requires the Administrator of OFIMP to: (1) publish annually, a report of the burdens imposed by the reporting requirements of each agency; (2) review, at least every three years, the information management activities and the paperwork reduction activities of each agency; (3) establish goals for the reduction of reporting requirements; (4) assist agencies in developing information management programs; (5) recommend policies to Congress, the President, and agencies concerning the confidentiality and security of information; (6) study and develop improved information and paperwork cost accounting and reduction techniques; and (7) promulgate standards concerning recordkeeping requirements imposed on the public. Sets forth procedures which enable the Administrator to designate one agency to collect information for two or more agencies requiring similar data. Prohibits any agency from collecting information which: (1) is collected by a designated agency; or (2) the Administrator determines is unnecessary. Authorizes the Administrator to order the exchange of information among agencies. Requires an agency, before collecting any information, to: (1) eliminate reporting requirements which seek information which is available through another Government source; (2) minimize the compliance burden on respondents; (3) plan the tabulation of the information in a manner which maximizes its usefulness to other agencies; and (4) obtain the Administrator's approval of such collection. Directs the Administrator to approve a collection request within 60 days after its receipt for a period not to exceed two years. Directs the Administrator to report annually to Congress on the activities of the OFIMP. Grants access to all records of such office to the Comptroller General. Requires that formal meetings of OFIMP to establish policies and regulations be open to the public. Specifies conditions under which confidential information may be released from one agency to another. Delegates specified information management duties of the Director of the OMB to the Administrator. Title II: Elimination of Unnecessary Duplication - Establishes, within OFIMP, a Federal Locator System composed of an information locator, a data element dictionary, and an information referral service. Directs the System to serve as the authoritative register for all recordkeeping requirements and all public-use, interagency, and intra-agency reports. Directs the Administrator to: (1) design and operate the system; (2) require the head of each agency to insert into the system a synopsis of the questions of each report and the information maintained for each reporting requirement of that agency; (3) compare the information sought by proposed reporting requirements to information in the system; and (4) make available the comparison results to agencies and the public. Requires the Administrator to insure that no actual data is contained within the locator system, except descriptive data profiles necessary to identify duplicative data or to locate information. Requires that any information holding which contains a data element of a personal or proprietary nature within the meaning of the Privacy Act of 1974 be identified as such and restricted in access and use. Title III: Miscellaneous Provisions - Authorizes the appropriation of such sums as may be necessary to carry out the purposes of this Act. States that this Act take effect 60 days after its enactment.
United States · United States Congress · 4 April 1979
Fair Trade Enforcement Act of 1979 - Title I: Amendments to Antidumping Act, 1921 - Amends the Antidumping Act of 1921 to require the Secretary of the Treasury to conduct a formal investigation within 30 days of receiving information that foreign goods are being, or are likely to be, sold in the United States at less than fair value. Directs the Secretary to make public any determination and advise the International Trade Commission of any affirmative determination. Requires the Commission to determine whether U.S. industry is being, or is likely to be, injured due to imports at less than fair value. Directs the Secretary to: (1) publish the Finding of the affirmative determinations of both the Secretary and the Commission; and (2) assess a special dumping duty. Sets forth the procedure by which a foreign exporter or a domestic importer may petition: (1) the Secretary to terminate a final determination of sales at less than full value; and (2) the Commission to terminate its determination that U.S. industry is likely to be harmed by such sales. Requires the Secretary or the Commission to conduct a hearing at the request of interested parties. Exempts such hearings from specified administrative procedure requirements. Requires the Secretary to impose provisional dumping duties when making a tentative determination that imports are being sold at less than fair value. Stipulates that duties shall either be refunded or adjusted based on the difference between the purchase price and the fair market value (the margin of dumping), depending on the Secretary's final determination. Imposes a special dumping duty on imported goods after a finding has been made. Requires the Secretary to periodically revise the applicable margin of dumping and apply it retroactively to the imported goods. Sets forth methods for determining the special dumping duty, the foreign market value, and the constructed value of merchandise (when home market sales are made at less than the costs of production). Requires the Secretary to make annual reports to Congress concerning findings, duties collected, and negative determinations. Amends the Tariff Act of 1930 to direct the Secretary to require a certified invoice with imported goods which includes a statement of the prices at which such goods are sold in the exporting country (home consumption prices). Directs the Secretaries of the Treasury and Commerce and the Commission Chairman to publish quarterly a statistical enumeration of the purchase prices and home consumption prices. Requires a verified statement from foreign manufacturers whose goods supply ten percent or more of the U.S. market showing the home market value and the purchase price. Title II: Countervailing Duty Law Amendments - Amends the Tariff Act of 1930 to prohibit offsetting the net amount of any bounty or grant for any fiscal charge or indirect tax related to the export of the article that is subject to the bounty or grant. Requires the Secretary to investigate whether any bounty or grant is being paid or bestowed on exports into the United States within 30 days after a petition is filed or information is received concerning such bounty or grant, and to forward an affirmative determination to the Commission. Directs the Commission to investigate whether the likelihood of any U.S. industry being injured due to such export bounty or grant. Directs the Secretary to publish a Countervailing Duty Order following final determinations by the Secretary and the Commission. Sets forth the procedure by which a foreign exporter or domestic importer may petition the Secretary and the Commission to terminate the final determinations of export bounties or grants. Provides for a public hearing before any determination is made at the request of an interested party. Specifies the formula for establishing and revising countervailing duties. Title III: Amendments to Other Provisions of Law - Amends the Tariff Act of 1930 to stipulate that all imported merchandise shall be assessed duties, countervailing duties, or antidumping duties in accordance with the Secretary's determination 30 days after notice of such duty is published. Permits domestic manufacturers, producers, or wholesalers to contest in the U.S. Customs Court any determination that goods are not being sold at less than fair value, that bounties or grants are not being paid, or that U.S. industry is not being injured by such activities. Amends the provisions setting forth Customs Court procedure to permit actions contesting: (1) the termination of findings that imported goods are being sold at less than fair value; (2) the termination of Countervailing Duty Orders; (3) determinations that U.S. industry is not being harmed by sales of imported goods at less than fair value or export bounties or grants; or (4) determinations that there is no information that goods are being sold at less than fair value or bounties or grants are being paid or bestowed. Imposes civil penalties on persons who violate Commission findings and orders concerning unfair trade practices. Permits the President to disapprove the Commission's determination concerning unfair trade practices for 90 days after notifying Congress and the Commission. Requires congressional approval of the President's actions within the 90 day period if such suspension is to be indefinite. Gives domestic manufacturers a remedy for damages suffered as a result of unfair trade practices. Amends a provision of Federal law which makes it unlawful to import or sell articles in the United States at less than market value to give the burden of rebutting the prima facie case, by showing justification, to the person charged with the violation. Permits any person injured by a violation to sue for treble damages. Requires such suit to be commenced within four years after the cause of action accrued. Stipulates that the Commissioner of Customs shall be the agent upon whom all lawful process may be served in any action or proceeding against foreign manufacturers or exporters. Title IV: Transfer of Certain Functions under the Antidumping and Countervailing Duty Laws from the Secretary of the Treasury to the International Trade Commission - Amends the Antidumping Act of 1921 and the Tariff Act of 1930 to transfer from the Secretary to the Commission the responsibilities for investigating and making determinations about (1) imported goods being sold at less than fair value or (2) bounties or grants being paid or bestowed on imported goods, effective January 1, 1980.
United States · United States Congress · 27 March 1979
Independent Contractor Tax Status Clarification Act of 1979 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of social security taxation. Treats an individual as an independent contractor if such individual: (1) controls the total number of his work hours; (2) does not maintain a principal place of business, or if he does, such place of business is not provided, or provided rent-free, by the person for whom such individual performs services; (3) has substantial investment in his business and earns income based upon sales or output rather than upon number of hours worked; and (4) performs services pursuant to a written contract and is provided written notice of his responsibility with respect to income and self-employment taxes. Amends Title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide coverage for service performed by an individual who qualifies as an independent contractor under the standards established by this Act.
United States · United States Congress · 19 March 1979
Small Business Employee Ownership Act - Amends the Small Business Act to make employee-owned firms eligible for financial assistance under the business loan program. States that in the case of small business concerns using an employee stock ownership plan, as defined in the Internal Revenue Code of 1954, all financial assistance shall be made to the trust created for employee ownership of stock (ESOT). Predicates such assistance on: (1) a guarantee by the company seeking assistance that it will repay all obligations incurred by the ESOT; (2) the written assurance of the trustee of the ESOT that all guaranteed loans will be used solely for the purchase of company stock; (3) a distribution arrangement which vests ownership of all stock with the employees no later than the expiration date of any assistance made available to acquire such stock; (4) a certified plan, meeting specified conditions, for the allocation of company stock among the employees; and (5) the satisfaction of the Administrator of the Small Business Administration that all loans to an ESOT will be used solely to finance the acquisition. Authorizes the extension of loan guarantees to employee organizations, including those using an ESOT, to finance the acquisition of the employee's workplace if it is a small business or a subsidiary which, if independently owned, would be a small business. States that such guarantees may be extended only if the small business or subsidiary would otherwise close, liquidate, relocate or sell out to a large business or if the owner agrees to the purchase by the employees. Limits the principal amount of any loan guaranteed under this Act to $500,000. Directs the Administrator of the Small Business Administration to report periodically to the Congress on the programs established by this Act. Authorizes the Small Business Administration to extend loan guarantees directly to an owner of a business who is selling the business to employees under an installment contract provided specified conditions are met in the event of default. Makes a company with 51 percent of its stock allocated through an ESOT to one or more socially and economically disadvantaged individuals eligible for the minority enterprise contract assistance program.
United States · United States Congress · 8 March 1979
Meat Import Act of 1979 - Limits the maximum aggregate quantity of specified meat articles which may be entered or withdrawn from warehouses, for consumption in the customs territory of the United States in any calendar year after 1979 to 1,204,600,000 pounds, adjustable according to a specified formula. Excludes from the domestic commercial production factor in such formula the carcass weight of live cattle specified in certain Tariff Schedules. Requires a further adjustment of such annual aggregate quantity by multiplying it by a ratio of: (1) the average annual per capita production of domestic cow beef during a calendar year (as estimated) and the four preceding calendar years; to (2) the average annual per capita production of domestic cow beef in the calendar year. Directs the Secretary of Agriculture, for each calendar year after 1979, to estimate and publish the aggregate quantity of meat articles prescribed for such year as well as the quantity that would be entered into the United States but for the limitations. Directs the President to limit by proclamation the total quantity of meat articles entered into the United States, whenever such quantity equals or exceeds 110 percent of the Secretary's estimate but prohibits limitation below 1,200,000,000 pounds. Requires the termination of any limitation as of the first day of a calendar quarter, under most circumstances, if before such quarter the aggregate quantity is less than 110 percent of the Secretary's estimate. Permits the President to increase or decrease meat imports in certain circumstances. Allows the President to suspend any proclamation concerning meat import limitations if: (1) a period of national emergency is declared; or (2) supplies are inadequate because of a natural disaster to meet demand at reasonable prices. Prohibits such suspension or increase from extending beyond the termination of the national emergency. Requires the Secretary to allocate the entry quota of meat articles proclaimed by the President among supplying countries on the basis of their representative shares of the United States market for meat articles during the respective period, taking into account any special factors. Directs the Secretary to study the regional economic impact of imports of meat articles and report any recommendations to the appropriate committees of Congress by June 30, 1980.
United States · United States Congress · 8 March 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 · 5 March 1979
Senior Citizens Health Insurance Reform Act of 1979 - Directs the Secretary of Health, Education, and Welfare to institute a program of voluntary certification for health insurance policies sold in supplementation of medicare. Sets forth minimum standards for such certification with respect to liability, cancellation, reasonableness of premium charge, and economic benefit to the insured. Establishes criminal penalties for: (1) misrepresentations in connection with such certification; (2) the sale of specified types of duplicate insurance; and (3) certain activities in connection with the sale of insurance policies in States which have not approved such policies.
United States · United States Congress · 5 February 1979
Entitles certain employees of Indian tribal organizations, the Indian Health Service (IHS), or the Bureau of Indian Affairs (BIA) to an annuity if separated from service after completing 25 years of service or after attaining 50 years of age and completing 20 years of service, if such employee is not an Indian entitled to an employment preference by law. States that employees entitled to Indian preference and military preference shall be retained in preference to employees entitled to only military preference during reductions in force within the BIA or the IHS. Declares that reassignments of individuals within the BIA or the IHS shall not be subject to the Indian preference laws where the Commissioner of Indian Affairs determines that the reassignment is necessary to: (1) assure the health or safety of an individual or his family; (2) avoid the displacement of an Indian during a reduction in force; or (3) prevent the deterioration of an individual's operation or of a necessary service to the Indian people. Forbids the application of Indian preference laws to any personnel action respecting an individual if the tribal organization served by the unit in which the position exists grants a waiver of those laws. Requires the Secretaries of the Interior and of Health, Education, and Welfare to report annually to Congress on their actions to recruit and train Indians for positions subject to Indian preference laws and to place non-Indian employees of the BIA and the IHS in other Federal positions.
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
Small Business Regulatory Relief Act - Amends the Small Business Act to direct each Federal department, agency, and instrumentality engaged in rulemaking to prepare a written analysis of whether it is legal, feasible, and desirable to exempt small businesses (or classes thereof) from a rule or whether the agency should promulgate a rule with lesser compliance standards for small businesses. Sets forth information which must be present in such analysis.
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 · 23 January 1979
Amends the Agricultural Act of 1949 to raise the price support levels for milk, wheat, corn, soybeans, and cotton to 90 percent of their respective parity prices. Reduces the price levels at which producers participating in the wheat and feed grains storage program: (1) may redeem and market commodities securing price support loans (from between 140 to 160 percent of their respective parity prices to 100 percent); and (2) must repay such loans (from 175 to 110 percent of their respective parity prices).
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
Declares that funds appropriated to pay judgments in favor of the Delaware Tribe of Indians and the Absentee Delaware Tribe of Western Oklahoma, awarded by the Indian Claims Commission, should be distributed to members of those tribes and thereby shall become tribal assets. Establishes criteria for tribal membership and directs the Secretary of the Interior to prepare a roll of eligible persons. Requires that such funds be placed to the credit of the tribes in the United States Treasury and establishes conditions for use of the money. Authorizes the tribes to prescribe all rules and regulations to carry out this Act subject to the approval of the Secretary.
United States · United States Congress · 15 January 1979
Soft Drink Interbrand Competition Act - Declares that exclusive territorial arrangements made as a part of a licensing agreement for the manufacture, distribution, or sale of a trademarked soft drink product are lawful under the antitrust laws provided such product is in substantial and effective competition with other products of the same general class.
United States · United States Congress · 15 January 1979
Grants a Federal charter to the Gold Star Wives of America. Declares that the purpose of such corporation is to aid widows and children of persons who died in the service of their country.
United States · United States Congress · 15 January 1979
Amends the Agriculture Act of 1949 to require the Secretary of Agriculture to proclaim a national program acreage for feed grains no later than October 15 (currently November 15) of each year for crops harvested in the next succeeding calendar year.