United States · United States Congress · 30 January 1980
Expresses appreciation to Canada for: (1) its historic close relations and cooperation with the United States in conducting foreign policy; (2) its support for U.S. efforts to obtain the safe release of the hostages in Iran; and (3) its efforts to protect and arrange the safe departure of certain U.S. citizens from Iran.
United States · United States Congress · 29 January 1980
Equal Access to Justice Act - Excludes from the definition of "party" for purposes of this Act: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorporated business whose net worth exceeds $5,000,000, but includes an agricultural cooperative, as defined in the Agricultural Marketing Act, regardless of its net worth. Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication (excluding ratemaking and license application hearings, but including such actions as suspension or modification of a license); or (2) in any civil action, other than a tort, brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Allows the agency or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States or any agency or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions. Makes this Act applicable to any civil action pending on, or commencing after, the date of enactment, except for civil tax actions, which shall be subject to this Act six months after enactment.
United States · United States Congress · 29 January 1980
Establishes the Lake Tahoe National Scenic Area, in the States of California and Nevada, to be administered by the Secretary of Agriculture in accordance with the provisions of this Act and, in the case of national forest land within such scenic area, in accordance with the laws applicable to the national forests. Directs the Secretary to prepare a plan which shall contain such standards and describe such programs as the Secretary considers appropriate to carry out the purpose of this Act. Requires the Secretary, before adopting any such plan, to: (1) publish a proposed plan which shall be available to the public; and (2) hold at least two public hearings within the scenic area regarding the proposed plan. Directs the Secretary to adopt, within two years after the date of enactment of this Act, a final "Lake Tahoe National Scenic Area Plan". Directs the Secretary, as soon as possible after the date of enactment of this Act, to promulgate regulations which distinguish between the types of activities which shall be deemed to have a potentially significant impact on the scenic area and those activities which do not. Requires any State or local governmental entity which has authority to issue any permit, variance, license, or other type of approval for any activity which is deemed to have a potentially significant impact on the scenic area to provide prompt notice to the Secretary of any determination made by such entity to: (1) approve an application; or (2) carry out such activity (in the case of activities conducted directly or indirectly by the State or local government). Prohibits any such permit, variance, license, or other type of approval from becoming effective unless, within a 60 day period after such entity has submitted notice to the Secretary, the Secretary has issued a written approval of the activity. Allows any permit, variance, license, or other type of approval for an activity which is deemed not to have a potentially significant impact on the scenic area to become effective 10 days after approval is made, unless, during such time, any interested party submits a written petition to the Secretary appealing the approval. Sets forth specified actions that the Secretary shall take to ensure that certain Federal funds and permits are not made available to any State or local governmental entity having jurisdiction within the scenic area if the Secretary determines that such governmental entity has failed to: (1) establish regulations or laws consistent with the standards specified in the plan within one year after any such standards have been adopted by the Secretary; (2) interpret such regulations or laws in a manner consistent with the plan; or (3) notify the Secretary of applications for building or sewer permits or zoning variances within the scenic area. Allows the Secretary to charge user fees for use of the scenic area. Establishes in the Treasury of the United States a Lake Tahoe National Scenic Area fund which shall be available to the Secretary for the purpose of implementing this Act. Permits the Secretary to acquire by donation, purchase with donated or appropriated funds, exchange, condemnation, or otherwise any property, or interest therein, within the scenic area. Limits acquisition by condemnation to specified conditions. Allows the Secretary to establish a Lake Tahoe National Scenic Area Advisory Commission to insure public participation in the preparation and implementation of the plan. Declares that nothing contained in this Act shall effect any right of the States of California or Nevada, or any political subdivisions thereof, to: (1) exercise civil or criminal jurisdiction within the scenic area; (2) levy taxes on any persons or property within the scenic area; or (3) adopt and enforce any standards or requirements for the protection of scenic resources or environmental quality within the scenic area. Provides for the mitigation of local revenue losses due to an increase in property taxes on properties remaining in private ownership within the scenic area. Provides for judicial review of any final action or order of the Secretary under this Act. Repeals the Act consenting to the Tahoe regional planning compact approved December 18, 1969, effective upon the date of the adoption of the plan by the Secretary.
United States · United States Congress · 20 December 1979
Provides for an exemption from the windfall profits tax for independent oil producers for an amount equal to 1,000 barrels of crude oil multiplied by the number of days in the taxable period.
United States · United States Congress · 19 December 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the Chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board: (1) to provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusivity of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. States that in the case of such a claim resolved in court, either the claimant or the attorney may challenge the award in such court within 30 days after such award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 9 November 1979
Sunset Review Act of 1979 - Requires the House Committee on Rules and the Senate Committee on Rules and Administration to jointly develop and maintain an inventory of all Federal programs and tax expenditures. Requires such inventory to classify all such programs and expenditures according to the jurisdiction of the various legislative committees of the two Houses. Requires the General Accounting Office, before the beginning of the 97th Congress, after consultation with the appropriate legislative committees, to submit a draft inventory to the House Committee on Rules and the Senate Committee on Rules and Administration. Requires such Committees to notify each legislative committee of the programs and tax expenditures which are classified within its jurisdiction. Allows any legislative committee to propose revisions of such inventory within 30 days after notification. Requires, after a determination that all programs and tax expenditures are accurately classified, that such inventory be published in a single document. Requires that an update be made of such inventory at the beginning of every Congress. Directs the General Accounting Office to maintain and publish a supplement to the inventory. Requires each legislative committee of the House of Representatives and the Senate, on or before March 1 in the first session of each Congress beginning with the 98th Congress, to develop, adopt, and submit to the House Committee on Rules and the Senate Committees on Rules and Administration an agenda for the sunset review of selected Federal programs within its jurisdiction or in the case of the House Committee on Ways and Means and the Senate Committee on Finance, of selected tax expenditures. Requires the committees of each House to develop their sunset review agenda in consultation with any other committee which has concurrent jurisdiction over any programs or tax expenditures involved. Prohibits either the House or the Senate from considering a primary expense resolution for any legislative committee in any Congress until that committee has developed and submitted its sunset review agenda. Requires the House Committee on Rules and the Senate Committee on Rules and Administration to incorporate such agendas into a consolidated sunset review agenda and to report such consolidated agenda to its House in the form of a concurrent resolution, within seven legislative days after all committee sunset review agendas have been submitted. Requires the consolidated sunset review agenda to be adopted in the House and in the Senate no later than March 30 in the first session of each Congress. Sets forth the procedures for adoption. Requires each committee of the House or the Senate, not later than May 15 in the second session of each Congress, to report a bill or bills modifying, continuing, or terminating each program or tax expenditure which it has been directed to review under the consolidated sunset review agenda adopted during the first session. Requires such bill to be accompanied by a report setting forth the committee's findings, recommendations, and justifications. Requires each department, agency, and instrumentality in the executive branch of the Government which is responsible for the administration of a Federal program or tax expenditure selected for sunset review to give assistance to the appropriate Congressional committees. Specifies that nothing in this Act shall affect the authority of any legislative committee to review programs or tax expenditures within its jurisdiction and to report legislation modifying, continuing, or terminating such programs or expenditures at such times and in such manner as it deems appropriate. Amends rule X of the Rules of the House of Representatives to include the consolidated sunset review agendas and the congressional inventory of Federal programs as part of the House Committee on Rules' functions.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 24 October 1979
Amends the National Trails Systems Act to authorize a study to be conducted by the Secretary of the Interior, in consultation with the Secretary of Agriculture, the appropriate States, and the Cherokee people, to determine the feasibility of designating the Trail of Tears as a National Historic Trail. Includes the Trail of Tears as a route to be studied for designation as a national scenic trail.
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 · 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 · 28 September 1979
Commission on Wartime Relocation and Internment of Civilians Act - Establishes the Commission on Wartime Relocation and Internment of Civilians to: (1) determine whether a wrong was committed against American citizens and permanent resident aliens who were subjected to relocation or internment as a result of Executive Order Numbered 9066 and other associated Government acts; and (2) recommend appropriate remedies. Directs the Commission: (1) to hold public hearings in specified cities; and (2) within 18 months after enactment of this Act, to submit a final report of its findings and recommendations to Congress and the President. Terminates the Commission six months after such report is submitted.
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
Sales Representatives Protection Act - Title I: Contracts Between Sales Representatives and Principals - Requires a principal to furnish specified information to a sales representative concerning orders placed through the representative's account and a monthly accounting of commissions due such representative. Enumerates items which must be set forth in any contract between a sales representative and a principal. Title II: Indemnification - Exempts principals conforming with such information requirements from the indemnification provisions set forth in this Act. Requires a principal who, without good cause, terminates a contract between such principal and a sales representative, or reduces the rate of commission for orders solicited on behalf of such principal, to indemnify the representative according to this Act. Requires a principal who reduces the size of the geographic territory assigned to a representative for a specified account, which results in a specified reduction in commissions, to indemnify such representative. Sets forth formulae for the indemnification of such representatives. Title III: Miscellaneous - Allows a plaintiff to bring an action to enforce any rights or liabilities created by this Act in a United States district court. Stipulates the procedure for such action.
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 · 26 July 1979
Campaign Contribution Reform Act of 1979 - Amends the Federal Election Campaign Act of 1971 to prohibit any multicandidate political committee (other than a multicandidate committee of a political party) from making contributions to a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and his or her authorized committees which in any calendar year exceeds: (1) $5,000 with respect to any general or special election and a primary election relating to such election; or (2) $7,500 (but not more than $5,000 for one election) with respect to a general or special election and both a primary and runoff election relating to such election. Prohibits a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress or any authorized political committee from accepting contributions from political committees, other than committees of a political party, aggregating more than $50,000 in any calendar year, except in the case of a candidate who is a candidate in a general election and a special election, such candidate may accept such contributions aggregating: (1) $50,000 with respect to such general and any primary election relating to such general election; and (2) $50,000 with respect to such special election and any primary election relating to such special election. Specifies that any contribution made in a year, other than the calendar year in which the election is held, is considered to be made in the calendar year in which such election is held, and any contribution made after the date of such election shall be considered a contribution with respect to such election only if such contribution is used to pay obligations incurred with respect to such election. Specifies that any extension of credit for goods or services relating to advertising on broadcasting stations, in newspapers or magazines, by direct mail or other similar types of general public political advertising shall be considered a contribution, if such extension of credit is: (1) in an amount of more than $1,000; and (2) for a period of more than 30 days.
United States · United States Congress · 10 July 1979
Requires each Executive agency, within ten days after entering into a personal services contract with any person or unit of State or local government, to report to the Office of Management and Budget (OMB) the number of agency employees which would be required to perform the contracted functions. Directs any agency which is prevented because of a personnel ceiling from performing a function which the agency determines would be performed by the agency more effectively than by contract, to submit to the OMB, within ten days of such determination, a request for an adjustment in such ceiling to enable the agency to perform the function. Requires the OMB to make such adjustment within 30 days after it is submitted unless the OMB finds that the agency did not follow applicable procedures when making its determinations. Directs the OMB to submit to Congress quarterly reports regarding each agency's personal services contracts and adjustments in personnel ceilings. Directs an agency to consider an employee's administration of personnel ceilings and compliance with procedures governing the contracting out of agency functions when: (1) evaluating the performance of a member of the Senior Executive Service; and (2) determining any pay increase for an employee under the merit pay system. Prohibits an agency from obligating more than 20 percent of its appropriations for a fiscal year during the last two months of that year.
United States · United States Congress · 10 July 1979
Stipulates that certain amendments proposed by the United States Supreme Court and transmitted by the Chief Justice on April 30, 1979, to the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and the Federal Rules of Appellate Procedure shall not take effect until specified dates and to the extent approved by Congress. Revises the proposed amendment to Rule 40 of the Rules of Criminal Procedure (relating to commitment to another district and removal).
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 · 26 June 1979
Office of Federal Audio-Visual Policy Act - Establishes the Office of Federal Audio-Visual Policy in the Office of Management and Budget to provide overall direction of audiovisual policies and procedures for Federal agencies. States that the Office shall be headed by an Administrator and a Deputy Administrator who shall be appointed by the President, by and with the advice and consent of the Senate. Directs the Administrator to: (1) require that Government audiovisual materials, with specified exceptions, be produced and distributed by private sector organizations; (2) recommend reorganization of Federal agency audiovisual activities; and (3) report annually to the President and Congress on actions taken and recommendations made concerning such activities. Requires each agency, upon the request of the Administrator, to supply the Office with: (1) information concerning the current and future audiovisual production activities of the agency; and (2) an evaluation of the success or failure of each completed activity. Requires that each employee under a contract to produce Federal audiovisual materials receive compensation at rates not less than those prevailing for similar employees as determined by the Secretary of Labor. Directs all Federal audiovisual supervisory authorities to report to the Administrator on their activities within 30 days of the date of enactment of this Act. Authorizes appropriations to carry out the provisions of this Act.
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 Lanham Trademark Act to prohibit any State, territory, or any agency or political subdivision thereof, from adopting, enforcing, or continuing in effect any law or regulation which requires the display of any registered mark in a manner differing from that contemplated in the certificate of registration.
United States · United States Congress · 18 June 1979
Congressional Salary Act of 1979 - Amends the Federal Salary Act of 1967 to make any recommendations of the President relating to the salaries of Members of Congress, Delegates to the House of Representatives, and the Resident Commissioner from Puerto Rico purely advisory. Amends the Legislative Reorganization Act of 1946 to require that the annual rate of pay for members of Congress, Delegates to the House of Representatives, the Resident Commissioner from Puerto Rico, and the Senate and House leadership be the rate payable for such positions on the date of enactment of this Act unless otherwise established by law. Prohibits any law increasing such rates of pay from taking effect before the first day of the Congress following the Congress during which such law is enacted.
United States · United States Congress · 12 June 1979
Increases from two to three the number of divisions within the Northern District of Ohio. Requires that the Central Division leave two active judges sitting full time in Akron and one active judge setting full time in Youngstown, unless an alternative assignment is authorized which will result in an equitable allocation of caseloads among the judges of such district court.
United States · United States Congress · 6 June 1979
Amends title IV of the Public Health Service Act (National Research Institutes) to stipulate that the institute currently authorized to conduct research on neurological diseases shall be named the "National Institute of Neurological and Communicative Disorders and Stroke." Requires at least $16,000,000 of the sums appropriated for such Institute to be obligated for research in the area of regeneration of the spinal cord.
United States · United States Congress · 30 May 1979
Amends the Land and Water Conservation Fund Act of 1965, with respect to financial assistance to a State for development of basic outdoor recreation facilities, to remove: (1) the ten percent limitation on the use of such assistance for construction of sheltered swimming pools and ice skating rinks; and (2) the restriction of such use to areas of severe climatic conditions.
United States · United States Congress · 10 April 1979
Amends the Internal Revenue Code to tax income of married individuals filing tax returns separate from their spouses at the same rates applicable to unmarried individuals.
United States · United States Congress · 10 April 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that disability insurance benefits for an individual having a terminal illness shall begin with the first month during all of which such individual has such illness. Defines the term "terminal illness" to mean, a medically determinable physical impairment which is expected to result in death within the next 12 months.
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 · 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 · 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 · 27 February 1979
Department of Education Organization Act - Title I: Findings and Purpose - Declares the purpose of this Act to be: (1) to strengthen the Federal commitment ensuring access to equal educational opportunity for every American; (2) to support more effectively States, localities and public and private institutions in carrying out their responsibilities for education; (3) to promote improvements in the quality and usefulness of education through federally supported research, evaluation, and the sharing of information; (4) to improve the management and efficiency of Federal education activities; (5) to increase the accountability of Federal education programs to the President, the Congress, and the public; (6) to encourage the involvement of the public, parents, and students in Federal education programs; (7) to improve the coordination of Federal education programs; and (8) to prohibit Federal control of education. Title II: Establishment of the Department - Establishes an executive department to be known as the Department of Education to be headed by a Secretary of Education. Establishes within such Department: (1) a position of Under Secretary of Education; (2) six Assistant Secretary positions; (3) an Office for Civil Rights headed by an Assistant Secretary; (4) an Office of Postsecondary Education headed by an Assistant Secretary; (5) an Office of Elementary and Secondary Education headed by an Assistant Secretary; (6) an Office of Educational Research and Improvement headed by an Assistant Secretary; (7) an office to administer functions relating to the education of overseas dependents of Department of Defense personnel; (8) a General Counsel; (9) an Office of Inspector General; (10) an Intergovernmental Advisory Council on Education to provide an educational forum and to promote better intergovernmental relations; and (11) an Interdepartmental Education Coordinating Committee to assure effective coordination of Federal educational programs and practices. Title III: Transfers - Transfers from the Department of Health, Education, and Welfare (HEW) educational functions and offices vested in: (1) the Assistant Secretary for Education; (2) the Education Division; (3) the Office for Civil Rights; (4) any statutory advisory committee or authority giving advice primarily concerning functions transferred under this Act; (5) the Institute of Museum Services; (6) the Advisory Council on Education Statistics; (7) the Federal Education Data Acquisition Council; and (8) certain functions of the Office of Inspector General. Transfers from HEW educational functions vested in the Secretary under: (1) the General Education Provisions Act; (2) the Emergency School Aid Act; (3) the Higher Education Act of 1965; (4) the Education Amendments of 1978; (5) the Act of August 30, 1898; (6) the Elementary and Secondary Education Act of 1965; (7) the Alcohol and Drug Abuse Education Act; (8) the Environmental Education Act; (9) the National Defense Education Act of 1958; (10) the Education of the Handicapped Act; (11) the National Commission on Libraries and Information Science Act; (12) the Vocational Education Act of 1963; (13) certain provisions of the Economic Opportunity Act of 1964; (14) certain parts of the Public Health Service Act regarding student aid; (15) the Model Secondary School for the Deaf Act; (16) certain telecommunications grants under the Communications Act of 1934; and (17) certain provisions of the Federal Property and Administrative Services Act of 1949. Transfers from HEW educational functions relating to Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf. Transfers to the Department of Education from the Departments of: (1) Labor, certain functions regarding migrant and seasonal farmworker employment and training programs under the Comprehensive Employment and Training Act of 1973; (2) Defense, the administration and operation of overseas dependents schools under the Defense Dependents' Education Act of 1978; (3) Justice, the student loan and grant programs known as the law enforcement education program and the law enforcement intern program under the Omnibus Crime Control and Safe Streets Act of 1968; and (4) Housing and Urban Development, the administration of college housing loans under the Housing Act of 1950. Transfers to the Department of Education specified science education programs of the National Science Foundation. Title IV: Administrative Provisions - Authorizes the Secretary to appoint and fix the salaries for the Department's employees in accordance with the Civil Service laws. Allows certain higher level appointments to be made by the Secretary without Civil Service Commission approval if the individual so appointed is transferred to the Department in connection with a transfer of functions under this Act. Grants rulemaking authority to the Secretary. Requires such rules to be in accordance with the Administrative Procedures Act and specified provisions of the General Education Provisions Act. Authorizes the Secretary to: (1) employ experts and consultants; (2) enter into contracts with public agencies and private persons and organizations; (3) provide technical advice to participants or potential participants in Departmental programs; (4) establish, maintain, alter, or discontinue field offices; (5) acquire and maintain schools, laboratories, and related facilities; (6) provide and maintain various facilities for employees and their dependents at remote locations; (7) utilize, with their consent, Federal, State, or foreign facilities; (8) acquire necessary copyrights and patents; (9) accept and utilize gifts and requests of real and personal property; (10) establish a working capital fund for administrative expenses; and (11) transfer funds within the Department. Directs the Secretary to submit an annual report to the Congress concerning the Department's activities. Stipulates that such report include a statement of goals and priorities and an assessment of progress. Authorizes the appropriations of such sums as may be necessary to carry out the provisions of this Act and additional functions that may be vested in the Department, to remain available until expended. Title V: Transitional, Savings, and Conforming Provisions - Redesignates the Department of Health, Education, and Welfare as the Department of Health and Human Services, and the Secretary of Health, Education, and Welfare as the Secretary of Health and Human Services. Title VI: Effective Date and Interim Appointment - Directs that this Act shall take effect 180 days after the Secretary of Education takes office. Allows the President to make initial interim appointments to the Department of Education under specified conditions.
![Official portrait of Rep. Synar, Mike [D-OK-2]](https://www.congress.gov/img/member/s001139_200.jpg)