United States · United States Congress · 25 February 1980
Swine Health Protection Act - Prohibits the feeding, or the permission to feed, of garbage to swine unless such garbage has been treated to kill disease organisms, in accordance with regulations issued by the Secretary of Agriculture, at a facility holding a valid permit issued by the Secretary (or the chief agricultural or animal health official of a State with an agreement with the Secretary). Exempts waste from ordinary household operations which is fed directly to swine on the same premises as the household from coverage as "garbage" under this Act. Requires persons operating a garbage-treatment facility who know such garbage is to be fed to swine to hold a valid permit issued under this Act. Provides for the issuance, suspension, and revocation of such permits. Requires that such facilities, to be issued such permits: (1) meet requirements prescribed by the Secretary to prevent the introduction or dissemination of any infectious or communicable disease of animals or poultry; and (2) be so constructed that swine are unable to enter the premises or have access to untreated garbage or material coming in contact with such garbage. Sets forth civil and criminal penalties for violations of this Act. Provides for general enforcement of this Act by the Attorney General, upon the request of the Secretary, in U.S. district courts. Provides for cooperative agreements with State agencies for coordination of enforcement, administration, and regulation under this Act and under State law. Specifies that nothing in this Act shall be construed to repeal or supercede any State law prohibiting the feeding of garbage to swine. Authorizes appropriations necessary to carry out this Act.
United States · United States Congress · 22 February 1980
Agricultural Protection Act of 1980 - Title I: Food Security Fund - Designates this title as the "Food Security Act of 1980." Declares it to be U.S. policy that: (1) adequate financial resources be placed at the President's disposal to meet urgent humanitarian needs for wheat in foreign nations and comply with international obligations to provide such assistance, within the framework of a market economy; and (2) governmental acquisition and perpetual maintenance of large additional stocks of a wheat reserve solely to provide for emergency food needs in developing countries would depress producer prices, destroy production incentives, disrupt markets, impair U.S. capacity to meet urgent humanitarian and foreign policy objectives, and require the expenditure of large sums of public money for the storage and handling of such wheat. Permits wheat to be acquired through purchases in the U.S. open market in such a manner as the Secretary of Agriculture determines will not unduly disrupt the market. Directs the Secretary to formulate and administer a program of purchasing, on a voluntary basis, wheat under the Agricultural Act of 1949 for donation for specified purposes. Authorizes the Secretary to utilize stocks of wheat acquired by the Commodity Credit Corporation, if such stocks are promptly replaced with wheat held in the producer storage program if such program wheat is not available in amounts and locations sufficient to meet the purposes of this Act. Sets forth such purposes as determined by the President: (1) to provide urgent humanitarian relief in any foreign country which suffers a major disaster as determined by the President and whose needs for relief cannot be satisfied in a timely manner under the Agricultural Trade Development and Assistance Act of 1954; (2) to assist any developing country to meet its food requirements at any time that the U.S. domestic supply of wheat is so limited that quantities cannot be made available under such Act; and (3) to fulfill any lawful international obligation. Provides that nothing in this Act shall be construed to limit the authority of the Secretary to make wheat available to eligible foreign nations under such Act. Authorizes the Secretary, upon determination of the President that wheat is needed for such purposes, to: (1) make all necessary arrangements for the purchase and disposition thereof; and (2) pay costs of processing, transportation, handling and other incidental costs to designated points abroad of wheat stocks acquired for such donation. Provides that wheat acquired under this Act: (1) may be processed in the U.S. and shipped in the form of wheat flour when conditions in the recipient country so require; and (2) shall not be subject to any quantitative limitations on export under specified provisions of the Export Administration Act of 1979. Directs the Secretary to utilize specified funds and authorities of the Commodity Credit Corporation in carrying out this Act. Authorizes the Corporation to be reimbursed for such funds. Title II: Isolation of Embargoed Grain - Directs the Commodity Credit Corporation to purchase and take title to and possession of all grain (as well as soybeans) the export of which to the Union of Soviet Socialist Republics was blocked by the President in retaliation for the invasion of Afghanistan. Prohibits the Corporation from selling or disposing such grain at a price or for value less than the equivalent of parity, except under specified conditions. Permits the Corporation to sell or dispose of such grain without regard for such restriction in quantities: (1) up to ten percent of the total embargoed amount of a particular commodity, during each market year, whenever the Secretary determines that the carryover at the end of a marketing year will be less than the average carryover for the three immediately preceding marketing years and that the sale or other disposition would not unduly depress the market price; (2) an additional ten percent in any market year if the Secretary determines the market price would not be unduly depressed and reports to the appropriate congressional committees 30 days prior to such disposal; and (3) as necessary to avoid spoilage or deterioration, provided that prompt replacement is made in appropriate cases. Amends the Agricultural Act of 1949 to set 125 percent of the then current level of price support for feed grains as the minimum market price which must be reached before certain producer storage program conditions come into effect which are designed to induce producers to redeem and market the feed grains securing loans under such program without regard to the maturity dates thereof. Sets 145 percent of the then current level of price support for feed grains as the minimum market price which must be reached before the Secretary may require producers to repay such loans, plus accrued interest thereon, refund amounts paid for storage, and pay such additional interest and other charges as may be required by regulation. Sets ten percent above such levels at which the Secretary may call for repayment of wheat or feed grains as one of the minimum levels at which the Commodity Credit Corporation must charge for any of its stocks of such commodities. Title III: Land Diversion Programs - Amends the Agricultural Act of 1949 to direct the Secretary to establish and announce, not later than March 1, 1980, a land diversion payment program for the 1980 crop of feed grains designed to divert 12,000,000 metric tons from production. Declares eligible for such payments a producer who devotes to approved conservation uses a minimum of ten percent of the cropland acreage planted or which would be planted to the 1980 feed grain crop of such producer. Sets forth a formula for determining the amount of such payment. Includes as a factor in such formula, a minimum payment rate for corn of $1.00 per bushel, and a payment rate for all other feed grains which the Secretary determines to be fair and reasonable in relation to the corn rate. Provides for a similar wheat diversion payment program for the 1980 crop of wheat, designed to divert 4,000,000 metric tons from production. Includes as a factor in determining payments under such program a minimum payment rate of $1.25 per bushel of wheat. Provides that, for the 1980 crop of wheat, the minimum payment rate shall be $0.50 per bushel under a special wheat acreage grazing and hay program. Title IV: Miscellaneous - Amends the Agricultural Act of 1949, effective with respect to the 1979 crop of corn, to authorize the Secretary to make available to any producer, who did not file a timely agreement to participate in the 1979 feed grain set-aside program, loans and purchases up to a total of $100,000 on corn produced in the 1979 crop year on the producer's acreage normally planted to designated crops. Exempts sales of corn for use in the production of alcohol for motor fuel, at facilities that began operation after January 4, 1980, and at prices not less than the prevailing market prices for corn in the normal marketing area of such facilities, from minimum sales price requirements for sales of Commodity Credit Corporation stocks of corn. Amends the Food and Agriculture Act of 1977 to direct the Secretary to set price support loan levels for agricultural commodities at 90 percent of the parity price whenever the President or any member of the executive branch suspends export sales to any country or area to which the U.S. otherwise continues commercial trade. Provides that, if such suspension is based on reasons of national security or foreign policy, the loan level may be set at not less than the average market price during the 30 days immediately preceding such suspension. Amends the Agricultural Trade Development and Assistance Act of 1954 to raise the minimum quantities of agricultural commodities required to be distributed: (1) for 1980 to 1,650,000 metric tons; and (2) for 1981 and each fiscal year thereafter to 1,800,000 metric tons. Lowers the minimum portion of such quantities which must be distributed through nonprofit voluntary agencies and the World Food Program for 1982 and each fiscal year thereafter to 1,350,000 metric tons.
United States · United States Congress · 19 February 1980
Declares February 26, 1980, as a national day of prayer, meditation, and unity if the hostages being held in Iran are not released by February 25, 1980.
United States · United States Congress · 13 February 1980
National Science Council Act of 1980 - Establishes in the Office of Science and Technology Policy the National Science Council to decide, after a hearing on the record, any question of scientific fact arising in an agency adjudication referred to such Council which involves the harm any substance may cause to human health. Makes the Director of the Office of Science and Technology Policy Chairman of the Council. Directs the Chairman of the Council to give notice of the initial hearing to obtain information relevant to such question to all persons participating in such adjudication. Authorizes the Chairman to establish advisory hearing panels to hold such hearing. Permits those persons participating in the adjudication to present relevant oral and written information. Directs the advisory hearing panel to submit to the Council a written report containing the decision of such panel. Sets forth the requirements for reports on questions involving an evaluation of the risk of harm to human health presented by a substance, including a summary of effects observed, the quality of the information presented, and an advisory opinion of such panel. Sets forth Council procedures for final decisions with respect to any question of scientific fact referred to an advisory panel. Requires the agency presiding over the adjudication from which the question is referred to attempt to narrow and resolve such question by stipulations. Requires the Council to respond to the agency within 90 days after a question is referred. Sets forth the requirements of such a response, including written specific findings and hearing transcripts. Makes a determination of the Council with respect to a scientific question binding on subsequent adjudications referred to the Council unless the information presented differs substantially from that previously presented. Makes all hearings open unless it is necessary to close a hearing to preserve the confidentiality of any trade secret or otherwise privileged information. Requires all agencies to provide the Council with whatever information it may require. Sets forth the composition of and manner of appointment to the Council. Amends the Consumer Product Safety Act to direct the Consumer Product Safety Commission to refer to the National Science Council, upon the request of any interested person, any question of scientific fact which involves the harm any chemical in or on any consumer product may cause to human health and which is relevant to determining whether such consumer product presents a substantial product hazard. Makes the final decision of the Council the final decision of the Commission with respect to such question. Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to refer to the Council, upon request, any question of scientific fact arising in an adjudication under such Act which involves the harm any food, drug, device, pesticide chemical, food additive, or color additive may cause to human health and which is relevant to determining whether an application is approvable, the approval of an application should be withdrawn, or whether a prohibited act has been committed. Makes the decision of such Council the final decision of the agency with respect to such question. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to refer to the Council, upon request, any question of scientific fact which involves the harm a pesticide or an active ingredient may cause to human health and which is relevant to determining whether the classification of such pesticide would be changed or the registration of such pesticide should be refused, suspended, or canceled. Makes the decision of such Council the final decision of such agency with respect to such question. Amends the Federal Meat Inspection Act to direct the Secretary of Agriculture to refer to the Council, upon request, any question of scientific fact which involves the harm any meat, meat food product, or carcass may cause to human health and which is relevant to determining whether such meat, meat product, or carcass is adulterated or misbranded. Makes the decision of such Council the final decision of such agency with respect to such question. Amends the Poultry Products Inspection Act to direct the Secretary of Agriculture to refer to the Council, upon request, any question of scientific fact which involves the harm any poultry or poultry product may cause to human health and which is relevant to determining whether such poultry or poultry product is adulterated or misbranded. Makes the decision of such Council the final decision of such agency with respect to such question. Amends the Occupational Health and Safety Act to direct the Occupational Health and Safety Commission to refer to the Council, upon request, any question of scientific fact which involves the harm a chemical may cause to human health and which is relevant to determining the validity of any citation. Makes the decision of the Council the final decision of such Commission with respect to such question. Amends the Toxic Substances Control Act to direct the Administrator of the Environmental Protection Agency to refer to the Council, upon request, any question of scientific fact which involves the harm a chemical substance or mixture may cause to human health and which is relevant to making specified determinations under such Act. Makes the decision of the Council the final decision of such agency with respect to such question.
United States · United States Congress · 13 February 1980
Authorizes and requests the President to issue a proclamation extending best wishes and expressing appreciation to Carl Vinson for his devotion to the United States.
United States · United States Congress · 7 February 1980
Amends the Energy Policy and Conservation Act to redefine the term "low sulfur coal" to mean coal whose sulfur content is equal to or less than the maximum sulfur content permitted by any applicable Federal, State, or local environmental requirement or implementation plan for the area in which the coal will be burned. Allows the Administrator of the Federal Energy Administration to guarantee loans to eligible persons for the development of new coal mines if such person has obtained a contract, the duration of which meets requirements which the Secretary of Energy shall prescribe, for the sale or resale of coal to be produced from such mine.
United States · United States Congress · 7 February 1980
Amends the Clean Air Act to repeal the requirement that State implementation plans for meeting the national primary ambient air quality standard provide for periodic inspection and testing of motor vehicles.
United States · United States Congress · 4 February 1980
Medical Expense Protection Act - Title I: Catastrophic Automatic Protection Plan - Adds a new title to the Social Security Act, Title XXI - Catastrophic Automatic Protection Plan. Establishes a voluntary insurance plan to provide automatic protection to families against catastrophic medical expenses, the Catastrophic Automatic Protection Plan (CAPP), to be funded by general revenues and coinsurance amounts. Provides that a family will be eligible for CAPP assistance for CAPP covered expenses after members of the family incur medical expenses equal to the deductible. Stipulates that eligibility is contingent upon the payment of specified coinsurance amounts. Provides that the deductible and coinsurance amounts shall be equal to approximately 10 to 20 percent of family income, graduated according to income. Provides that there shall be no coinsurance payments after a family has incurred expenses equal to the "CAPP stop-loss". Provides that the CAPP stop-loss for any year shall be equal to approximately 10 to 25 percent of family income, again graduated according to income. Sets forth provisions relating to applications for assistance under this Act. Requires any family filing for assistance under this Act to file an income statement with the Secretary of Health and Human Services. Permits civil penalties to be imposed for submission of an intentionally false statement. Provides that payments shall be made for 100 percent of covered CAPP medical expenses and services except that in the case of prescription drugs for chronic illness the payment rate shall be 75 percent. Provides that there shall be no coinsurance for such drugs. Provides that payments with respect to CAPP covered services which are described in title XVIII (Medicare) of the Act shall be made to providers, with specified exceptions, in the amount and in accordance with the procedures set forth in such title. Establishes the Catastrophic Automatic Protection Plan Trust Fund in the United States Treasury. Appropriates to the fund, out of any moneys in the Treasury not otherwise appropriated, amounts necessary to make CAPP payments. Creates a Board of Trustees to hold the Fund, report to Congress concerning the Fund, and review policies allowed in managing the Fund. Directs the Secretary to provide for a listing of drug entities which may be legally introduced into interstate commerce with specified therapeutic categories. Provides that any individual dissatisfied with any determination relating to the individual's eligibility for or amount of CAPP benefits shall be entitled to a hearing concerning such determination and to judicial review of the Secretary's final decision. Sets forth definitions of terms used in this Act, including "CAPP covered services" which is defined as services furnished to an individual to the extent payment for such service may be made under the Medicare program, except that under CAPP: (1) inpatient psychiatric services shall be covered for 45 days in a calendar year; (2) items and services related to pregnancy, delivery, and care of a child through the first year are covered; (3) immunizations against serious communicable diseases are covered; and (4) prescription drugs for "chronic illness" are covered for an individual entitled to hospital insurance benefits under Medicare. Directs the Secretary to provide for an evaluation, by an entity outside the Department of Health and Human Services, of the implementation of this Act during its first five years and to report to Congress on the evaluation. Title II: Employer Health Plans - Amends the Internal Revenue Code to exclude from gross income, subject to stated conditions, amounts received by an employee through an accident or health plan towards which the employer contributed, only if the plan is a qualified plan. Subjects such exclusion to certain conditions, including: (1) the employer must make a contribution equal to at least 50 percent of the premium for the least expensive qualified plan; (2) requiring the employer to pay the employee a monthly rebate if the employee is offered more than one qualified plan and the employer contribution for the plan the employee selects would be greater than the premium of a low option plan, or the employee elects to participate in no qualified plan and is otherwise covered by a qualified plan; and (3) that the employer contribution for any employee for a family plan shall not exceed $120 per month. Defines terms including, among others, "qualified health plan." Defines such plan as a plan of an employer providing medical care for employees and their families which the Secretary certifies as meeting certain requirements, including the provision of CAPP covered services after the employee has incurred out-of-pocket expenses in excess of $2,500. Prohibits an income tax deduction for contributions by an employer to a health plan for compensation to his or her employees for sickness, unless the employer offers a qualified plan. Limits the income tax deduction for medical and dental expenses to an individual: (1) who is blind or disabled as determined under title XVI (Supplemental Security Income) of the Act or is receiving Medicare benefits because of end-stage renal disease; or (2) for care while a resident of a long-term care facility or of an institution for the care, rehabilitation or training of the physically or mentally handicapped. Provides for a deduction, not to exceed $250, for one-half of the premiums for a qualified health plan. Title III: Medicare Amendments - Amends title XVIII (Medicare) of the Social Security Act to remove the time limitation on inpatient hospital care. Makes individuals entitled to benefits under part A (Hospital Insurance) of title XVIII of the Act eligible for certain benefits under CAPP. Eliminates coinsurance under part A. Provides that any charge for any service or procedure performed by a doctor shall be reasonable if: (1) the service or procedure is performed in a designated physician shortage area; (2) the physician has a regular practice in the shortage area; (3) the charge does not exceed the prevailing charge level as otherwise determined; and (4) the charge does not exceed the amount generally charged by such physician for similar services. Permits entities utilized for administering the Medicare program to be utilized for administering CAPP. Title IV: Studies and Miscellaneous Provisions - Directs the Secretary: (1) to provide for studies of, and demonstration projects with respect to, the desirability and feasibility of adding a long-term care program into the Medicare program or CAPP and to report to Congress the results of the studies and projects; (2) to conduct a study of the feasibility of, and options with respect to, consolidating title XIX (Medicaid) of the Act into CAPP or other programs and to report to Congress concerning such study; and (3) to conduct a study of the feasibility of promoting better efficiency and effectiveness in the Medicare and Medicaid programs by permitting those eligible under such programs the option of receiving benefits through competitive private plans to report to Congress concerning such study. Requires the Secretary to reduce Medicaid payments to a State if the State reduces the number of categories of individuals eligible for benefits or the amount of benefits provided under: (1) title V (Maternal and Child Health), XIX, or XX (Grants to States for Services) of the Act; or (2) any program providing benefits similar to those under title XXI, and such reduction results in an increase in the amount of payments that would otherwise be made under such title. Amends the Federal Trade Commission Act to consider it an unfair trade practice for any entity to advertise that any amounts paid to an individual represents reimbursement for the deductible under CAPP.
United States · United States Congress · 31 January 1980
Authorizes the expenditure of funds, not to exceed $1,247,200, for investigations and studies to be conducted by the House Committee on Agriculture. Specifies that $16,300 of such funds are for the reimbursement of computer and computer-related services requested by such committee. Declares that no part of these funds shall be available for expenditure in connection with the study of any subject which is being investigated by any other House committee. Terminates the authorization granted by this resolution on January 3, 1981.
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 · 27 December 1979
Forestry Incentives Program Act of 1979 - Amends the Cooperative Forestry Assistance Act of 1978 to limit the amounts of appropriations authorized to carry out a forestry incentives program and to specify that such authorization is for fiscal years 1981 through 1983. Authorizes the Secretary of Agriculture to designate up to 20 percent of such appropriations for each fiscal year for technical assistance and associated expenses, taking into consideration the cost data supplied by the States. Directs the Secretary: (1) to undertake an immediate study of the efficiency and effectiveness of the forestry incentives program; (2) to submit findings and recommendations to the appropriate committees of Congress by December 1, 1981; and (3) to consult with representatives of various specified interests in the course of such study and identify their views in forwarding findings and recommendations to Congress. Allows a specified limited amount of the appropriations for this Act to be utilized for such study.
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 · 18 December 1979
Farm Labor Contractor Registration Act Amendments - Amends the Farm Labor Contractor Registration Act of 1963 to redefine "farm labor contractor" to exclude any farmer, processor, canner, ginner, packing "farm labor contractor" to exclude any farmer, processor, canner, ginner, packing shed operator, or nurseryman who solicits migrant workers for his or her own operation (currently, such exclusion applies only if the individual "personally" solicits). Defines "incidental basis" to mean no more than 20 percent of an employee's total hours of employment during any calendar year.
United States · United States Congress · 10 December 1979
National Forest Multiple-Use Management Act of 1980 - Specifies that lands within the National Forest System considered for wilderness designation under the Roadless Area Review and Evaluation (RARE) conducted by the Department of Agriculture, but not recommended for designation as wilderness or identified for further planning during the 96th Congress shall continue to be managed for uses other than wilderness in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974. Directs that lands within the National Forest System which have been recommended for designation as wilderness during the 96th Congress, but have not been included in the National Wilderness Preservation System prior to January 1, 1984, shall be managed beginning on such date for uses other than wilderness in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974. Directs that lands within the National Forest System which have been identified for further planning during the 96th Congress, but which have not been included in the National Wilderness Preservation System prior to January 1, 1985, shall be managed beginning on such date for uses other than wilderness. Stipulates that if: (1) an executive communication has been received by Congress recommending the designation of any such lands as wilderness prior to January 1, 1985, and such lands have not been included in the National Wilderness Preservation System prior to January 1, 1987, they shall be managed beginning January 1, 1987, for uses other than wilderness; and (2) at any time a determination is made by the Secretary of Agriculture under the Forest and Rangeland Renewable Resources Planning Act of 1974 that any such lands shall not be recommended for designation as wilderness, they shall be managed beginning on the date of such determination for uses other than wilderness in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974. Directs that lands within the National Forest System recommended for designation as primitive area during the 96th Congress, for termination and management for use other than wilderness, shall be managed after the date of enactment of this Act for uses other than wilderness in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974. Directs that lands within the National Forest System that have been recommended for designation as primitive area during the 96th, for termination and designation as wilderness, but which have not been included in the National Wilderness Preservation System prior to January 1, 1984, shall be managed beginning on such date for uses other than wilderness in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974.
United States · United States Congress · 15 November 1979
Declares that it is the sense of the House of Representatives that the United States should establish and actively pursue a national energy plan that emphasizes and demands the use of domestic coal as a means of displacing current foreign energy imports. Declares that the President should establish a task force to examine modifications in the implementation of the Clean Air Act that could increase coal use without violating national ambient air quality standards. States that the President should submit to Congress within 60 days a plan which will achieve the goals of this resolution.
United States · United States Congress · 9 November 1979
Violent Demonstration Deportation Act of 1979 - Amends the Immigration and Nationality Act to include within the categories of deportable aliens an alien who participates in any demonstration in which personal injury or significant property damage occurs.
United States · United States Congress · 7 November 1979
Elderly and Disabled Heating Relief Act of 1979 - Amends the Internal Revenue Code to allow suppliers of home heating fuel a refundable income tax credit for fuel discounts granted by such suppliers to low-income elderly and disabled individuals. Establishes the allowable amount of the heating fuel discount at 25 percent of the going consumer price for like quantities of such fuel. Specifies that the tax benefits granted by this Act shall only be available in areas in which historic weather patterns and energy costs necessitate the extension of assistance to individuals who cannot afford increased energy expenses. Directs the Secretary of Health and Human Services (formerly the Secretary of Health, Education, and Welfare) to consult with various Federal and State officials in disseminating information with respect to eligibility for the tax benefits conferred by this Act.
United States · United States Congress · 2 November 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations of up to $15,000 to strike such medal. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 23 October 1979
Expresses the sense of the Congress that: (1) no action should be taken to withdraw the one-dollar bill from circulation without congressional approval; (2) no action shall be taken to artificially stimulate the demand for the one-dollar coin; and (3) public demand shall dictate the quantity of United States coins produced.
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 Farm Labor Contractor Registration Act of 1963 to redefine "farm labor contractor" to exclude: (1) any farmer, processor, canner, ginner, packing shed operator, or nurseryman who solicits migrant workers for his or her own operation (currently, excluded only if personally solicits); and (2) any employee of such individuals or nonprofit organization who solicits migrant workers solely for his or her employer (currently, excluded only if on no more than an incidental basis).
United States · United States Congress · 11 October 1979
Amends the Internal Revenue Code to qualify wood or coal burning stoves and furnaces for the income tax credit for residential energy conservation expenditures.
United States · United States Congress · 26 September 1979
Amends the Internal Revenue Code to provide that the standard mileage rate used in computing the charitable deduction for expenses incurred in the operation of a motor vehicle shall be the same as the standard mileage rate established by the Secretary of the Treasury for the business related deduction.
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 · 5 September 1979
Expresses the sense of Congress that the President should communicate U.S. insistence that the Soviet Union remove its troops from Cuba. Stipulates that ratification of the SALT II Treaty be suspended until such troops are removed.
United States · United States Congress · 2 August 1979
Food Additive Safety Amendments of 1979 - Amends the Federal Food, Drug, and Cosmetic Act to deem any food additive safe if the Secretary of Health, Education, and Welfare: (1) makes a finding, based on recommendations of an advisory committee, that the public benefit from permitting the use of such additive would exceed the public risk which might result from such use; (2) gives notice in the Federal Register of such a finding and invites public comment thereon; and (3) issues a final order not earlier than 120 days after such publication in the Federal Register of such findings. Specifies factors the Secretary must take into consideration when evaluating a food additive or its proposed use. Authorize the Secretary to include in any food additive regulation a labelling requirement to identify the additive and its degree of risk. Prohibits the Secretary from denying a petition for a food additive regulation solely on the basis of evidence of tumors developed in test animals where the dosage levels used on such animals exceeds one hundred times the reasonably expected maximum human consumption of such additive. Amends the Saccharin Study and Labeling Act to extend from 18 to 36 months the period following enactment during which restrictions may not be imposed on the sale or distribution of saccharin, or any food, drug, or cosmetic containing it.
United States · United States Congress · 1 August 1979
Tax Relief Act of 1979 - Title I: Individual Income Tax Reductions - Amends the Internal Revenue Code to reduce individual and estate and trust income tax rates for 1979 and to make permanent reductions for succeeding years. Provides for cost-of-living adjustments to individual income tax brackets and to the amount of the personal exemption. Provides that the amount of the personal exemption and the zero bracket amount applicable to a taxpayer shall determine whether such taxpayer is required to file an income tax return. Title II: Capital Cost Recovery - Revises 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 a 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. Title III: Reduction of Payroll Taxes and Long-Range Financial Strengthening of the Social Security System - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to repeal the special increases in the contribution and benefit base, for purposes of determining amount of tax liability, for 1979 through 1981. Limits contribution and benefit bases to a maximum $22,900 in 1979 and 1980. Makes reductions in the social security tax rate and sets forth the tax rate through year 2010. Provides for the partial funding of title XVIII (Medicare), part A (Hospital Insurance Benefits for the Aged and Disabled) of the Social Security Act from general revenues.
United States · United States Congress · 31 July 1979
Amends the Black Lung Benefits Act to stipulate that certain benefits paid to miners who filed claims under title IV of such Act shall not be considered workers' compensation benefits for the purposes of title II of the Social Security Act (Old-Age, Survivors and Disability Insurance).
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 · 18 July 1979
Animal Biological Products Act - Prohibits the production, sale, shipment, or delivery for shipment in the United States of any animal biological product which is: (1) misrepresented or unsatisfactory; or (2) not produced at a licensed establishment under a valid product license issued by the Secretary of Agriculture and in compliance with this Act or any regulations promulgated pursuant to it. Defines "animal biological product" as any product (e.g. a vaccine, bacterin, antiserum, antitoxin, toxoid, allergen, or diagnostic antigen, but exluding antibiotics or hormones) which is prepared from, derived from, or prepared with micro-organisms, or the growth products of micro-organisms, or animal tissues, or animal fluids, or other substances of natural or synthetic origin, and which is intended for use in the prevention, diagnosis, treatment or cure of animal diseases through a specific immune process. Provides for the issuance, or denial, of establishment licenses (for establishments producing animal biological products), product licenses, and import permits. Provides for the suspension and revocation of such licenses and permits, and for judicial review of suspensions and revocations. Authorizes the Secretary to obtain, without charge, prerelease samples of a biological product to test and examine such products to determine whether it is pure, safe, potent, and efficacious, and otherwise in compliance with this Act. Permits the Secretary to issue, without hearing, a "Stop Sale, Transport, or Use" order, for a period not to exceed 30 days, whenever he has reason to believe that a biological product is misrepresented or unsatisfactory, or otherwise not in compliance with this Act. Provides for the seizure, condemnation, and destruction of such a product in a judicial proceeding. Requires licensees and permittees to keep records (with specified exceptions) and give access to examiners sent by the Secretary. Establishes civil and criminal penalties for the violation of provisions of this Act. Repeals provisions of the Act of March 4, 1913, with respect to viruses, serums, toxins and analogous products.
United States · United States Congress · 16 July 1979
Declares that it is the sense of the House of Representatives that the United States should establish and actively pursue a national energy plan that emphasizes and demands the use of domestic coal as a means of displacing current foreign energy imports. Declares that the President should establish a task force to examine modifications in the implementation of the Clean Air Act that could increase coal use without violating national ambient air quality standards. Declares that the appropriate House committee should review current regulations of the Office of Surface Mining of the Department of the Interior to insure that such regulations conform with the original intent of Congress in passing the Surface Mining and Reclamation Act of 1977. States that the President should submit to Congress within 60 days of enactment of a plan which will achieve the goals of this resolution.
United States · United States Congress · 13 July 1979
Farm Credit Act Amendments of 1979 - Title I: Federal Land Banks and Associations - Amends the Farm Credit Act of 1971 to authorize any Federal land bank, under the supervision of the Farm Credit Administration, to: (1) participate in loans with other Farm Credit System institutions (i.e., Federal land banks, Federal land bank associations, Federal intermediate credit banks, production credit associations, and banks for cooperatives); (2) participate in loans which the land banks are authorized to make with lenders which are not Farm Credit System institutions; (3) sell interests in loans to such lenders; (4) buy from and sell to Farm Credit System institutions interests in loans, other extended financial assistance, and nonvoting stock; (5) make other investments; (6) accept contributions to their capital from Federal land bank associations; (7) enter into agreements with other Farm Credit System institutions to share loan and other losses; (8) issue nonvoting stock to borrowers as a patronage refund; and (9) make or participate with other lenders in long-term real estate mortgage loans not exceeding 85 percent of the appraised value of the real estate security. Makes producers and harvesters of aquatic products eligible for Federal land bank services. Authorizes Federal land bank associations to make capital contributions to a Federal land bank. States that a member of a Federal land bank association need not make the required purchases of land stock with respect to that part of a loan derived from a lender which is not a Farm Credit System institution. Authorizes the Federal land bank associations to pay dividends on a differential basis between different classes and issues of stock and participation certificates corresponding to the value of such classes and issues to the capital or earnings of the Federal land bank in its district. Permits the Federal land bank associations to agree to share loan and other losses with other Farm Credit System institutions. Title II: Federal Intermediate Credit Banks and Production Credit Associations - Authorizes the Federal Intermediate Credit Banks, subject to the supervision of the Farm Credit Administration, to: (1) buy from and sell to Farm Credit System institutions interests in loans, other extended financial assistance and nonvoting stock; (2) make other investments; (3) agree to share loan and other losses with other Farm Credit System institutions; (4) participate with other Farm Credit System institutions in making loans; and (5) issue nonvoting stock to such institutions. Authorizes the Federal intermediate credit banks to discount for, or purchase from other financial institutions loans made to producers and harvesters of aquatic products. Permits any Federal intermediate credit bank to transfer more than 2.5 percent of its net earnings after expenses to its allocated reserve account (presently, not more than 25 percent of such earnings may be transferred to this account). Authorizes each production credit association, subject to the supervision of the intermediate credit bank in its district and the Farm Credit Administration, to: (1) buy from and sell to any bank in the Farm Credit System interests in loans, other financial assistance extended, and nonvoting stock; (2) participate in loans with other Farm Credit System institutions; (3) agree to share loan and other losses with other Farm Credit System Institutions; (4) issue participation certificates to eligible borrowers in lieu of nonvoting stock; and (5) issue participation certificates or nonvoting stock to any financial institution outside the Farm Credit System with which the association participates in a loan in satisfaction of the requirement that a borrower own such stock or participation certificates. Requires a borrower to own only that amount of stock or participation certificates which is proportionate to that portion of a loan retained by a production credit association when it participates with another lender in making a loan. Authorizes the production credit association to extend loan assistance to bona fide farmers, ranchers, and producers and harvesters of aquatic products for basic processing and marketing directly related to the borrower's operations. Title III: Banks and Cooperatives - Empowers each bank for cooperatives, subject to the supervision of the Farm Credit Administration, to: (1) participate with other Farm Credit System institutions in making loans; (2) deposit its securities and current funds with any domestic or foreign financial organization (presently, such deposits must be made at a member bank in the Federal Reserve System); (3) buy and sell bankers acceptances which are obligations of member banks in the Federal Reserve System; (4) buy and sell other obligations including those which arise in the course of transactions which the bank has assisted through loans; (5) buy from and sell to Farm Credit System institutions interests in loans, other financial assistance extended and nonvoting stock; (6) make other investments; (7) invest in foreign and domestic business entities to facilitate the obtaining of credit information and the performance of services related to international transactions; (8) maintain credit balances to assist in the transfer of funds between parties to authorized transactions; (9) agree to share loan and other losses with other Farm Credit System institutions; and (10) issue participation certificates to parties who may not be issued voting stock. Requires all participation certificates, voting and nonvoting stock issued by the banks for cooperatives to be retired at par value. Authorizes the banks for cooperative to: (1) offer a currency exchange for eligible cooperative associations; and (2) extend loans, loan participation commitments, and other technical and financial assistance to any domestic or foreign party in which a member cooperative has an ownership interest or which engages with the cooperative in dealings in agricultural or aquatic products, farm supplies or the lease of property, provided such assistance substantially benefits the member cooperative. Enables cooperatives solely engaged in furnishing aquatic business services to borrow from the banks for cooperatives. Reduces the degree of ownership in a cooperative which must be held by farmers, producers or harvesters of aquatic products, or other cooperative associations in order to make such a cooperative eligible to borrow from a bank for cooperatives. Requires a bank for cooperatives to retire any equity held by a borrower in default or dissolution at fair market value not to exceed the par value of the equity interest of the borrower. Prohibits the retirement or cancellation of such an equity interest if the bank's capital structure would be adversely affected. Permits each bank for cooperatives to transfer more than 25 percent of its net annual savings to a surplus account. Authorizes the banks for cooperatives to pay patronage refunds to borrowers in the form of participation certificates. Title IV: Provisions Applicable to Two or More Classes of Institutions of the System - Declares that interest rates established by the Farm Credit Administration for loans made by Farm Credit System institutions shall preempt any interest rate limitation imposed by State law. States that when two or more Farm Credit System institutions participate in a loan as authorized by this Act, the terms of such loan shall be those agreed upon by the institutions. Requires that such factors as borrower eligibility, membership, term, amount, loan security and purchase of stock or participation certificates by the borrower are to be governed by the provisions of law applicable to the institution originating the loan. Exempts credit transactions of Farm Credit System institutions from the provisions of any State statute or any other law or regulation which impose, with regard to a credit transaction, any duty or requirement which had been imposed by the Truth in Lending Act before amendment. Authorizes the institutions of the Farm Credit System to organize corporations to perform non-lending functions and services which such institutions are authorized to perform. Empowers the Governor of the Farm Credit Administration to review and revise the charters of such corporations. States that such corporations shall be subject to supervision and examination by the Administration. Title V: District and Farm Credit Administration Organization - Revises the process for the election of farm credit district directors by reducing from three to two the number of nominees in the election poll. Establishes the rate of compensation for the Federal Farm Credit Board at the daily equivalent of the rate prescribed for grade GS-18 of the General Schedule. Authorizes the Board to fix the salary of the Governor of the Farm Credit Administration at any level not exceeding the maximum rate of basic pay in the Executive Schedule. Authorizes the Governor to appoint Deputy Governors to provide assistance in the functioning of the Farm Credit Administration. Exempts the Administration from provisions of Federal law relating to appointments in the competitive civil service, travel expenses, allowances, procurement, and property disposition. Credits employees of Farm Credit System institutions with specified leave and retirement benefits when they are transferred to Federal service in the Farm Credit Administration.
United States · United States Congress · 10 July 1979
Food Security Fund Act of 1979 - Declares that it is the policy of the United States: (1) that adequate financial resources should be placed at the President's disposal to meet, within the framework of a market economy, the urgent humanitarian needs for wheat in foreign nations, and to comply with international obligations to provide such assistance; and (2) that governmental acquisition and perpetual maintenance of large additional stocks of a wheat reserve solely to meet such needs would depress producer prices, destroy production incentives, disrupt markets, impair the capacity of the United States to meet such needs, and require the expenditure of large sums of public moneys for the storage and handling of such wheat. Authorizes the Secretary of Agriculture to purchase wheat from American producers or in the open market in the United States, in such manner as will not unduly disrupt the market. Directs the Secretary to formulate and administer a program whereby he may purchase, on a voluntary basis, wheat held in the producer storage program, and donate the wheat so acquired to provide urgent humanitarian relief to any foreign country suffering a major disaster, to assist developing countries, and to fulfill any lawful international obligation. Directs the Secretary to use the authorities and not to exceed $500,000,000 of the funds of the Commodity Credit Corporation to carry out the provisions of this Act. Authorizes reimbursement of the Corporation for funds so expended, on the basis of actual costs incurred.
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 · 26 June 1979
Requests the Governors of the 50 States to cooperate voluntarily by standardizing truck weight and length limits at 80,000 pounds and 60 feet in order to encourage striking truckers to go back to work.
United States · United States Congress · 26 June 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations of up to $15,000 to strike such medal. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 21 June 1979
Defense Production Act Amendments of 1979 - Amends the Defense Production Act of 1950 to authorize the President to allow the Department of Energy and the Tennessee Valley Authority to guarantee loans for the purpose of expediting deliveries or services with respect to national defense contracts. Increases the maximum loan which any Federal agency may guarantee under such Act without the approval of Congress from $20,000,000 to $38,000,000. Requires notification to specified Congressional committees of any proposed obligation above such limit. Authorizes the agency involved to guarantee such a loan if neither House of Congress disapproves of such action within a specified time. Authorizes the President to provide loans to private business enterprises for the production of energy. Increases the ceiling for loans made to private enterprises pursuant to such Act from $25,000,000 to 48,000,000. Extends the President's power under such Act to purchase raw materials for the national defense through fiscal year 1995. Directs the President to attempt to achieve a national production goal of at least 500,000 barrels per day crude oil equivalent of synthetic fuels and synthetic chemical feedstocks within five years. Authorizes and directs the President to require fuel and chemical feedstock suppliers to provide synthetic fuels and synthetic chemical feedstocks in any case where the President deems it practicable and necessary to meet national defense needs. Authorizes the President, in carrying out these objectives, to: (1) contract for purchases or commitments to purchase synthetic fuels and synthetic chemical feedstocks which may be for Government use or resale; and (2) encourage the development and production of such synthetic fuels and feedstocks for national defense preparedness. Terminates the President's authority to enter into such contracts at the end of fiscal year 1995. Sets forth procedures for the awarding and performance of such contracts. Authorizes the President to organize corporations to meet the production goal for synthetic fuels and feedstocks as set forth in this Act. Sets forth Congressional oversight measures with respect to the formation of such corporations. Authorizes appropriations of $2,000,000,000 for synthetic fuel and feedstock contracts as authorized pursuant to this Act. Extends specified provisions of such Act through fiscal year 1980.
United States · United States Congress · 20 June 1979
Motor Carrier Regulatory Improvement Act of 1979 - Title I: General Provisions - Declares the findings of Congress that: (1) a safe, sound, competitive, and fuel efficient motor carrier system is vital to the maintenance of a strong national economy and defense system; (2) the objective of a motor carrier system serving the Nation as a whole can best be achieved through the plan of regulation adopted in 1935; and (3) the Interstate Commerce Commission must administer such regulatory system through the issuance of certificates and permits necessary to implement more effectively the standards of public convenience and necessity and of consistency with the public interest. Title II: Motor Carrier Entry - Requires the Commission, in determining whether to issue any certificate authorizing motor carrier transportation, to take specified factors into consideration including the degree of existing competition and fuel conservation with respect to an applicant's requested route authority. Prohibits the Commission from considering an applicant's level of proposed rates in making a determination regarding such requested route authority but directs the Commission to consider whether the level of rates of existing carriers is so high as to constitute an embargo of the traffic. Authorizes the Commission to require a carrier which is protesting a grant of operating authority to show that: (1) it is able to handle the traffic contained in the application; (2) it is willing to provide such service; and (3) it has either performed service or solicited business within the scope of the application. Stipulates that a contract carrier does not have to limit its operation to carriage for a particular industry or within a particular geographic area. Removes the requirement that the Commission, in deciding whether to grant a permit to a motor contract carrier, consider the number of shippers to be served by the carrier or the nature of the transportation to be provided. Stipulates that an application for conversion of motor contract carrier authority to motor common carrier authority must be filed with the Commission when the operations of the contract carrier in fact become common carriage. Stipulates that a person may not hold a certificate of a motor common carrier of property or a permit of a motor contract carrier of property if the person performing the transportation is doing so in the furtherance of a nontransportation primary business. Authorizes one corporation to provide transportation services for another corporation without a certificate or a permit under specified conditions. Directs the Commission to approve pooling and division of transportation or earnings agreements between common carriers without a hearing, unless it finds that the agreement is of major transportation importance or there is a substantial likelihood that the agreement will unduly restrain competition. Stipulates that, if the Commission finds that either of such factors exist, it shall conduct a hearing to determine if the agreement will be in the interest of better service to the public or of economy in operation. Exempts from the Commission's jurisdiction certain carriage of property by motor vehicle which is incidental to transportation by aircraft. Title III: Motor Carrier Rates - Prohibits the Commission from disapproving motor carrier rate bureau agreements unless it finds that such an agreement would violate or not be in furtherance of the national transportation policy. Exempts such approved agreements from the antitrust laws. Revises the voting processes within rate bureau meetings. Directs the Commission, in determining the reasonableness of motor property carrier rate levels, to approve and maintain revenue levels that are adequate to cover total operating expenses, including the operation of leased equipment, and depreciation based upon the replacement cost of useful equipment and facilities of current prices, plus a reasonable profit. Prohibits the Commission from suspending a motor carrier rate on the basis that it exceeds or is below a just and reasonable if: (1) the rate changes are not of general applicability to all or substantially all classes of traffic; (2) the rate change if filed within five years after the enactment of this Act; and (3) the rate increase or decrease is not more than seven percent annually. Grants the Commission the exclusive authority to prescribe an intrastate rate for a motor carrier of property if: (1) the carrier files a change in such a rate with the appropriate State authority; and (2) the State does not act finally on such proposed change within 120 days. Limits a State's power to assess or collect discriminatory taxes on motor carriers of property. Title IV: Expediting Motor Carrier Proceedings - Establishes time limitations for actions of the Commission regarding motor carriers of property proceedings.
![Official portrait of Rep. Wampler, William C. [R-VA-9]](https://www.congress.gov/img/member/w000121_200.jpg)