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 · 28 January 1980
Urges the President to prohibit the exportation of fertilizer from the United States to the Soviet Union, until Soviet troops are withdrawn from Afghanistan.
United States · United States Congress · 24 January 1980
Expresses the sense of Congress that the Soviet Union should release Andrei Sakharov from internal exile immediately. Urges the President, through the Secretary of State to: (1) express U.S. opposition to Sakharov's exile; (2) inform the Soviet Union that the United States will take into account, in evaluating its reactions with other countries, the extent to which those countries honor their commitments under international law.
United States · United States Congress · 22 January 1980
Authorizes the Secretary of Agriculture to convey certain National Forest System lands, under specified conditions, and to accept lands, land interests, or cash as consideration for the lands sold or exchanged. Requires that all lands or land interests acquired under this Act become National Forest System lands.
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 · 19 December 1979
Medicaid Community Care Act of 1980 - Authorizes a State with a plan approved under title XIX (Medicaid) of the Social Security Act to apply to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to have Federal payments for home health care services, nursing services, home health aid services, medical equipment for use in the home, physical therapy, occupational therapy, speech pathology services, endiology services, adult day health services, respite care, short-term full-term nursing care, homemaker services, and nutrition counseling made at a higher rate the the rate for other care and services provided under the State plan. Specifies that the Federal medical assistance percentage for such services and the comprehensive assessments provided for in this Act shall be the lesser of: (1) the Federal medical assistance percentage determined under title XIX plus 25 percent; or (2) 90 percent of the cost of such services and assessments. Requires an application to be accompanied by a community care plan which: (1) provides for a comprehensive assessment of each individual eligible or applying for Medicaid who is likely to need long-term skilled nursing facility or intermediate care facility services; (2) makes available, under title XIX, the care and services for which the higher Federal payment may be made to individuals determined pursuant to a comprehensive assessment to be in need of long-term facility services and for whom such assistance is a feasible alternative to long-term facility services; and (3) coordinates the services provided under this Act with similar services provided under the Older Americans Act of 1965, and under titles XVIII (Medicare) and XX (Grants to States for Services) of the Social Security Act. Requires the Secretary to report to Congress with respect to the program established under this Act. Permits a State, for the purposes of title XIX, to treat a noninstitutionalized individual the same as an individual who is in a long-term care facility if the noninstitutionalized individual meets the income and resources standards for long-term facility residents and has been determined, pursuant to an assessment under this Act, to need long-term facility services.
United States · United States Congress · 19 December 1979
Amends the Internal Revenue Code to provide that the Internal Revenue Service shall send a notification of responsibility for Federal income taxes in lieu of tax return forms to individuals electing not to receive such forms.
United States · United States Congress · 14 December 1979
Amends the Older Americans Act of 1965 to provide that area agencies on aging shall have authority to award funds to the providers of home delivered meals for older persons without requiring that such providers also furnish meals to older persons in a congregate setting.
United States · United States Congress · 14 December 1979
Amends the Black Bass Act to make unlawful the catching or transporting of any steelhead trout for other than subsistance or sporting purposes. Directs the Secretary of the Interior to pay an annual income replacement amount to any Indian tribe that relied on commercial fishing for steelhead trout for income.
United States · United States Congress · 10 December 1979
Title I: Fish Restoration Program - Amends the Federal Aid in Sport Fish Restoration Act to: (1) define the term "coastal State" for the purposes of such Act; and (2) authorize appropriations in the amount equal to the revenue accruing from taxes relating to sport fishing equipment and certain recreational boats and boating equipment for fiscal year 1980 and each fiscal year thereafter. Title II: Fish Restoration Program - Increases the percentage of the annual appropriation deducted for administrative expenses. Sets forth the apportionment ratio for the Secretary of the Interior to use in distributing funds among the States under the fish restoration program. Authorizes the Secretary to expend unobligated funds to carry out the purposes of this Act. Eliminates the notification by a State of intent to accept such apportionment funds requirement. Authorizes the Secretary of the Interior to finance up to 75 percent of the costs of the acquisition of lands or interests therein and the construction of structures or facilities. Permits each State to utilize up to ten percent of its apportionment for an aquatic resource education program. Title III: Tax on Sale of Sport Fishing Equipment and certain Recreational Boats and Boating Equipment - Amends the Internal Revenue Code of 1954 to impose a tax on the sale by the manufacturer, producer, or importer of any article of sport fishing equipment, recreational boats, and boating equipment.
United States · United States Congress · 6 December 1979
Expresses the sense of Congress that the President should establish a Federal strike force and implement a program in each Federal judicial district for the purposes of investigating and prosecuting members of outlaw motorcycle gangs who commit Federal crimes.
United States · United States Congress · 5 December 1979
Polygraph Control and Privacy Protection Act of 1979 - Prohibits any person engaged in interstate commerce from: (1) requiring any employee, officer, or applicant for employment to take a polygraph test in connection with such individual's employment; (2) denying employment or disciplining an employee by reason of such individual's refusal to submit to such test; or (3) using the results of such test in connection with such individual's employment. Sets forth civil and criminal penalties for violations of such provisions. Authorizes civil actions in U.S. district courts in behalf of aggrieved individuals.
United States · United States Congress · 4 December 1979
Title I: Limitation on Future Growth of Federal Spending and Tax Expenditures - Federal Spending and Tax Expenditure Control Act of 1979 - Amends the Congressional Budget Act of 1974 to prohibit the adoption of any concurrent resolution on the budget which sets forth a level of total budget outlays and total tax expenditures in excess of 28.5 percent of the gross national product in fiscal year 1981, 28 percent of the gross national product in fiscal year 1982, or 27.5 percent of the gross national product in any fiscal year thereafter. Establishes procedures to enable the President and the Congress to suspend such limitations on budget outlays and tax expenditures. Title II: Federal Credit Program Control - Federal Credit Program Control Act of 1979 - Declares that the purpose of this Act is to provide a basis for controlling loans and loan guarantees under Federal credit programs through the congressional budget process. Requires the first concurrent resolution on the budget for each fiscal year to set forth the appropriate level of total gross obligations for the principal amount of direct loans and the appropriate level of total commitments to guarantee loans and to allocate such totals among the major functional categories of the budget. Directs each standing committee of the House and Senate to submit its estimates of direct loan obligations and loan guarantee commitments provided for in legislation under its jurisdiction by March 15 of each year for consideration of the Budget Committees in formulating the budget resolution. Directs the House and Senate Banking Committees to submit recommendations to the Budget Committees for the aggregate levels of direct loans and loan guarantees in each fiscal year. Requires the joint explanatory statement accompanying a conference report on the concurrent resolution on the budget to include an estimated allocation of the total levels of direct loan obligations and loan guarantee commitments among the committees of the House and Senate. Directs the Committees on Appropriations to provide such an allocation among their subcommittees as soon as practicable after a budget resolution has been agreed to. Requires the House Committee on Appropriations, before reporting any regular appropriations bills, to submit a summary report to the House comparing the credit authority contained in such bills to the levels agreed to in the budget resolution. Requires any report accompanying legislation conferring new budget authority or increasing tax expenditures to include information on direct loan obligations and loan guarantee commitments. Establishes a deadline for the completion of action on legislation providing credit authority. Requires the second concurrent resolution on the budget in any fiscal year and the reconciliation process to take into account Federal obligations and commitments on loans and loan guarantees. Declares out of order any measure brought up for consideration in either House which would increase the level of loan obligations and guarantee commitments agreed to in the budget process. Requires any authority to guarantee the payment of any indebtedness to be contingent on provisions in appropriation Acts.
United States · United States Congress · 28 November 1979
Establishes the Barrier Islands National Parks. Authorizes the Secretary of the Interior to acquire lands and interests in land within the boundaries of the barrier islands units by donation, purchase with donated or appropriated funds, or exchange, except that in the case of developed land, the Secretary may acquire such land only with the consent of the owner thereof, or following a determination by the Secretary that an actual or proposed change in the use of such land after the date of enactment of this Act would impair the quality of the unit. Withdraws lands within the barrier islands units from entry or appropriation under the mining laws of the United States and from the operation of the mineral leasing laws. Prohibits any Federal financial assistance from being made available under any authority of Federal law, and no Federal license, permit, or other form of approval may be issued by any Federal agency for: (1) the construction of any structure, road, or facility of any type on any barrier island unit of the Atlantic or gulf coast of the United States; (2) any road, airport, boat landing facility, or other facility to be used for providing access to any such barrier island contrary to the purposes of this Act; and (3) any project to prevent the erosion of, or to otherwise stabilize, any shoreline or inshore area of such a barrier island.
United States · United States Congress · 20 November 1979
Amends the Fishery Conservation and Management Act of 1976 to establish an exclusive domestic fishing areas within the fishery conservation zone of the United States. Prohibits any foreign nation, and the owners or operators of its fishing vessels, from fishing within such area. Authorizes the Secretary of the Interior to take any necessary action to ensure that at least one United States observer is aboard each foreign fishing vessel during the time such vessel is within the conservation zone. Requires such foreign vessel to display an insignia, in such form and manner as established by the Secretary, to indicate the presence of such observer. Requires observers to collect such scientific data, and perform such management and enforcement activities as are deemed necessary by the Secretary. Authorizes the Secretary to allow observer assistants, representing various segments of the United States fishing industry, to accompany and assist United States observers in carrying out their duties. Specifies that such assistants are not to be considered employees or officers of the United States for any purpose. Directs the Secretary to provide necessary training to observers and observer assistants, and the Coast Guard to provide transportation to and from foreign vessels for such individuals. Provides that the United States be reimbursed for the cost of such observers and observer assistants on board any foreign vessel by the appropriate foreign nation.
United States · United States Congress · 14 November 1979
Wind Energy Systems Research, Development, and Demonstration Act of 1979 - Declares it to be the policy of the United States and the purpose of this Act to establish a research, development, and demonstration program for converting wind energy into electricity. Sets as a goal of such program the attainment of a total megawatt capacity of at least 800 megawatts from wind energy systems by fiscal year 1988 and the reduction of the average cost of electricity produced by such systems to a level competitive with conventional energy sources by the end of fiscal year 1986. Authorizes the Secretary of Energy to enter into agreements with public and private entities to obtain scientific, technological, and economic information on the design, fabrication, purchase, installation, and testing of wind energy systems. Authorizes the Secretary to provide financial assistance to entities seeking to install wind energy systems upon submission of the proper application. Sets forth terms and conditions for receiving such assistance. Terminates any Federal subsidization of purchases of such equipment upon the determination that such systems have become competitive with conventional energy sources or by a specified date. Sets forth the amount of such assistance, taking into consideration any tax credits allowed under the Internal Revenue Code for renewable energy source expenditures. Allocates a portion of the funds appropriated to carry out such assistance program for accelerated procurement and installation of wind energy systems by Federal agencies for demonstration purposes. Directs the Secretary to promulgate voluntary performance standards for such systems. Directs the Secretary to initiate a three-year national wind resource assessment program to: (1) validate existing assessments of known wind resources; (2) perform wind resource assessments in regions where the use of wind energy may prove feasible; (3) initiate a general site prospecting program; (4) establish standard wind data collection and siting techniques; (5) establish, in consultation with the Administrators of the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the National Aeronautics and Space Administration, a national wind data center to make public information available on wind energy. Directs the Secretary to prepare a comprehensive program management plan for the research, development, and demonstration activities prescribed under this Act for submission to specified congressional committees. Sets forth criteria for selection of programs consistent with the purposes of this Act. Directs the Secretary to monitor, collect and evaluate data and information, and conduct studies and investigations relating to wind energy systems and programs. Directs the Secretary to assure that information relating to programs, projects and other activities conducted under this Act are widely disseminated to Federal, State, and local authorities, relevant segments of the economy, the scientific community and the public, so as to promote the use of wind energy to the maximum extent feasible. Directs the Secretary to assure that small businesses will have adequate opportunities to participate in the programs conducted under this Act to the maximum extent practicable. Authorizes the appropriation of $100,000,000 for fiscal year 1980 to carry out the purposes of this Act.
United States · United States Congress · 13 November 1979
Expresses the sense of Congress that the President should terminate all military training of Iranian personnel pursuant to sales under the Arms Export Control Act.
United States · United States Congress · 9 November 1979
Municipal Resources Management Act of 1979 - Amends the Solid Waste Disposal Act to include among the objectives of the State and Regional Solid Waste Plan provisions of such Act the maximum utilization of energy and materials recoverable from solid waste. Amends such Act to include among the considerations for promulgating State Plan guidelines the existence of available new and additional markets for energy and energy resources recovered from solid waste. Makes a State eligible for financial assistance for energy and materials recovery feasibility planning and assistance under such Act upon a determination that such State's solid waste plan includes specified provisions relating to energy and other materials recoverable from municipal waste. Authorizes such State to make any of such assistance available to municipalities for similar activities. Authorizes the Administrator of the Environmental Protection Agency to make grants to municipalities to carry out energy and materials recovery feasibility planning and assistance activities. Authorizes the Administrator to provide technical assistance to States and municipalities to assist in removing impediments to the development of systems and facilities designed to recover energy and materials from municipal waste. Directs the Administrator to collect and disseminate information relating to the recovery of energy and materials from solid waste.
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 · 8 November 1979
Infant Formula Act of 1979 - Amends the Federal Food, Drug, and Cosmetic Act to set forth requirements for infant formulas. States that formulas which do not conform to such requirements shall be deemed to adulterated. Requires each manufacturer of an infant formula to annually submit to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education and Welfare) reports or test results which show that the formula meets such requirements. Directs the Secretary to notify the manufacturer if such Secretary determines the formula is adulterated. Requires such manufacturer to give the Secretary satisfactory assurances of initiating a recall to all retail purchasers of such formula within 48 hours of receiving notification of the Secretary's determination. Directs the Secretary to initiate actions for the seizure of such formula should the manufacturer fail to make such assurances. Permits an inspector enforcing the provisions of this Act access to specified test records of the manufacturer at all times. Makes the failure to submit required reports and test results a prohibited act under the Federal Food, Drug, and Cosmetic 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 · 1 November 1979
Special Energy Prosecution Act of 1979 - Establishes an independent Office of Special Prosecution within the Executive Branch, to be headed by a presidentially-appointed Special Prosecutor, with jurisdiction to investigate and prosecute any violations of any provisions of, or regulations promulgated under, the Emergency Petroleum Allocation Act of 1973, of all other Federal laws governing and relating to energy prices and imported crude oil and refined petroleum product purchases and sales, of the Federal Trade Commission Act, the Sherman Antitrust Act, and the Clayton Antitrust Act. Directs the Special Prosecutor to limit his investigations, audits, reviews, and prosecutions to activities of the major oil companies. Authorizes the Special Prosecutor to take any necessary actions to perform the functions of the Office of Special Prosecution, including activities such as: (1) instructing the Federal Bureau of Investigation and other investigative agencies on the collection and delivery of information and evidence; (2) conducting proceedings before grand juries; (3) conducting and arguing appeals in the United States Supreme Court; (4) conducting civil and criminal litigation; and (5) contesting the assertion of executive privilege. Terminates the Office two years after the confirmation of the appointment of the Special Prosecutor. Directs the Special Prosecutor to report annually to the President, Congress and appropriate Executive agencies. Sets forth an expedited review procedure with respect to motions challenging the validity of any provision of this Act.
United States · United States Congress · 31 October 1979
Provides an alternative eight-year (unless otherwise extended) term of service in the Reserve as one of the requirements for a Senior Reserve Officers' Training Corps (R.O.T.C.) scholarship. Stipulates that such service may include periods of active duty, active duty for training, and other active or inactive service. Increases the maximum number of such scholarship recipients in the Army program from 6,500 to 12,000. Authorizes additional scholarships to be awarded to eligible students at a military junior college. Defines "military junior college" as a civilian postsecondary educational institution essentially military in nature that does not confer baccalaureate degrees and that meets other requirements as may be prescribed by the Secretary of the Army. Establishes eligibility criteria for such scholarship recipients, including: (1) United States citizenship; (2) enlistment in an Army Reserve unit; and (3) service as a commissioned officer in the Army Reserve or the National Guard for at least eight years. Authorizes the Secretary of the Army to order a scholarship recipient who does not complete the course of instruction, or who refuses to accept a commission upon completion of instruction, to serve on active duty for up to four years. Authorizes the Secretary to delay the commencement of such Reserve service until completion of a graduate or undergraduate degree.
United States · United States Congress · 31 October 1979
Solar Access Alternative Act - Directs the Secretary of Energy, acting in conjunction with any interested State, to: (1) develop a plan to enable the State to conduct solar access reviews to identify legal alternatives to assure access to direct sunlight and methods of adopting such legal alternatives; and (2) make available all pertinent information relating to solar access to appropriate regional solar energy centers. Directs regional solar energy centers, in conjunction with the National Solar Energy Research Institute, to act as clearinghouses for information regarding solar access. Requires each department, agency, or instrumentality of the United States engaged in constructing or maintaining any structure to do so in a manner which is consistent, to the extent practicable, with State and local laws governing access to sunlight.
United States · United States Congress · 26 October 1979
National Energy Conservation Incentives Act - Title I: Amendments to Utility Program - Amends the residential energy conservation title of the National Energy Conservation Policy Act to extend the definition of "residential building" to include: (1) any building used for residential occupancy which contains at least one dwelling unit; and (2) specified commercial buildings. Requires that each utility program under such title contain procedures authorizing utilities to reinspect buildings equipped with conservation measures to determine the extent to which such measures have been installed. Amends the requirements for approval of proposed residential energy conservation plans to require that contractors or suppliers of residential energy conservation measures seeking to be included on the list of approved contractors and suppliers provide one year warranties on materials and installation of such measures and express a willingness to defer receipt of payment for such measures sold or installed until the reinspection described above is completed. Requires that such list indicate such willingness on the part of such contractors and suppliers to allow such deferred payments. Requires that the list of lending institutions offering financial assistance for the purchase and installation of such conservation measures indicate the availability at each such institution of assistance provided under the Energy Conservation Bank Act. Amends the requirements under such title concerning accounting and payment of costs of operating a utility program under such Act. Authorizes public utilities to make loans or capital investment payments to residential building owner customers for the purchase and installation of residential energy conservation measures under specified conditions. Amends the accounting and payment of costs provisions of such title to provide for the financing of such loans and capital investment payments. Stipulates that neither the Attorney General, the Federal Trade Commission, nor any other agency shall be barred from challenging anticompetitive acts or practices related to activities conducted under this Act, nor shall any person be deemed to have immunities or defenses to actions under the antitrust laws as a result of the provisions of this Act. Establishes effective dates for the issuance of regulations implementing the provisions of this Act by the Secretary of Energy, Governors or State regulatory agencies, and nonregulated utilities. Directs the Secretary of Energy to provide assistance to States for the training of residential building inspectors undertaking inspections required by this Act and for the development of approved energy conservation methods and inspections. Authorizes appropriations for fiscal year 1980 through 1982 to carry out this title. Title II: Financial Assistance Provided by the Energy Conservation Bank - Energy Conservation Bank Act - Establishes the Energy Conservation Bank in the Department of Housing and Urban Development to provide financial assistance with respect to loans made to owners of existing commercial and residential buildings for the purchase and installation of energy conserving improvements in such buildings. Authorizes the Bank to provide such assistance in the form of payments to financial institutions and public utilities providing financing pursuant to the National Energy Conservation Policy Act. Sets forth criteria for providing such assistance and terms, conditions, and maximum amounts thereof. Establishes as part of the Bank an Advisory Committee to provide advice to the Board of Directors of the Bank on matters concerning energy conservation assistance. Directs the Bank to promote the program established by this Act and to coordinate its efforts with the Department of Energy. Directs the Board to issue an annual report to the Congress and the President discussing the operations of the Bank identifying problems encountered in the energy conservation industry, the Federal Government, and financial institutions concerning energy conservation, and making recommendations for improvement in the Bank's operations. Authorizes the Secretary of Housing and Urban Development to permit the Bank to use personnel of such Department for the purpose of carrying out this Act. Establishes penalties for fraud and misrepresentation with respect to loans assisted under this Act. Authorizes the use of funds from the Energy Security Trust Fund to provide assistance under this title. Sets forth limitations on the amount of such funds available for each of the fiscal years 1980 through 1983. Title III: Secondary Financing - Requires that the Board direct the Bank to make commitments to purchase, to purchase and to service, sell, and otherwise deal in loans and advances of credit made under this Act and the National Energy Conservation Policy Act to residential building owners for the purchase of energy conserving improvements. Authorizes the Bank to issue obligations to enable the Bank to carry out its functions. Exempts transactions authorized under this Act from State or local usury or loan insurance laws. Repeals specified provisions of the National Housing Act which authorize the Government National Mortgage Association to purchase energy conserving improvement loans. Amends the Federal Home Loan Mortgage Corporation Act to authorize such Corporation to purchase, make commitments to purchase, and to hold, deal with, sell, and otherwise dispose of mortgages or interest therein held by any public utility acting under a utility program pursuant to the National Energy Conservation Policy Act, the original proceeds of which are applied for in order to finance energy conserving improvements. Amends the Federal National Mortgage Association Charter Act to authorize such association to exercise powers similar to those granted to the Federal Home Loan Mortgage Corporation as described above. Title IV: Weatherization Program - Amends the Energy Conservation in Existing Buildings Act of 1976 to limit the amount of any grant made under such Act to be used for administrative purposes. Amends such Act to increase the amount of payment which may be made to pay volunteers and trainees and public employment workers under the Comprehensive Employment and Training Act of 1973 available to work on weatherization projects in the event there are insufficient participants under such program. Requires the coordination of activities related to rehabilitation, weatherization, and code enforcement conducted by local governments including activities undertaken pursuant to the Housing and Community Development Act and related to energy assistance programs for low- income families, including programs under the Economic Opportunity Act of 1964. Amends such Act to repeal the provisions granting priority in the allocation of weatherization assistance funds to community action agencies serving an area eligible for emergency energy conservation assistance under the Economic Opportunity Act of 1964. Directs the Secretary to establish standards and procedures for weatherization programs under such Act in a manner designed to accomplish uniform results among all the States in any particular similar climatic area. Directs the President to appoint an energy conservation coordinator to assure that the Secretaries of Energy, Housing and Urban Development, Agriculture, Health, Education and Welfare, Defense, the Administrator of the General Services Administration, and other heads of agencies responsible for developing energy conservation standards reach a consensus on establishing criteria for issuing such standards. Directs the President to make annual reports to the Congress on the activities relating to coordination of Federal energy conservation programs. Makes technical amendments to the Energy Conservation in Existing Buildings Act of 1976.
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 · 16 October 1979
Small Business Innovation Act of 1979 - Title I: Amendments to the Small Business Act - Amends the Small Business Act to empower the Small Business Administration to provide management assistance in addition to technical assistance to small business concerns to obtain government contracts for research and development. Directs the SBA to consult and cooperate with other Government agencies in furthering the purposes of the Small Business Act. Directs each Federal agency to target an increase of its research and development budget to be obligated for prime contract awards to small business concerns by at least two percent more than the percent of such awards made in the preceding fiscal year. Requires the increase to begin in fiscal year 1980 and continue until such concerns are receiving at least 20 percent of such awards. Directs each agency to fully utilize procurement methods authorized under this Act in order to achieve the target levels. Requires each Federal agency having a research and development budget of $100,000,000 or more to initiate and conduct a small business innovation research competitive solicitation program. Directs that funding for such program shall be made available from each agency's budget and that each agency, utilizing applicable procurement methods, award to small business concerns at least 50 percent of its annual target for prime contracts. Directs each agency to conduct its program in accordance with such rules and regulations as are established by the SBA, including: (1) identifying specific and definable categories of projects; (2) establishing a simplified, standardized acquisition process; and (3) developing solicitation release schedules for notifying small business of contract opportunities. Requires the SBA to develop and maintain a master solicitation release schedule, source file, and informational program to facilitate small business participation in federally funded research and development. Directs the National Science Foundation and the Office of Federal Procurement Policy to provide advice and assistance to the SBA in the promulgation of such regulations. Requires the Administrator of the Office of Federal Procurement Policy, in cooperation with the SBA, to insure that such regulations provide the maximum practicable opportunity for small business concerns to perform federally funded research and development contracts. Provides that such regulations shall include: (1) the elimination of cost-sharing requirements and the allowance of negotiated fees on all contracts; (2) the opportunity for fair and equitable competition for contract awards; (3) a fair and prompt review of unsolicited proposals and the opportunity to receive sole source awards; (4) the consideration of independent research and development and bid and proposal costs as expenses under the contract in the fiscal year in which they occur; (5) the requirement for the Departments of Defense and Energy and the National Aeronautics and Space Administration to conduct periodic breakout reviews of all proposed large-scale systems contracts; (6) the opportunity for women-owned and minority business firms to be considered for research and development contracts; (7) the evaluation of procurement personnel performance in the award of contracts to small and minority business concerns; and (8) the responsibility to identify, study, and eliminate discrimination practices in procurement systems. Requires all Federal agencies to promulgate regulations which, insofar as practicable, impose the least amount of regulatory burden on small businesses. Directs the Securities and Exchange Commission to conduct an annual review of its rules and regulations which have the effect of restricting small business concerns from access to securities markets and to report to the appropriate congressional committees relative to the results of such review. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to provide procedures for sales and exchanges of interests in qualified small business concerns. Allows a taxpayer who sells an equity interest in any such business and purchases replacement property within 18 months, to elect that the gain from such sale be recognized to the extent that the amount realized exceeds the costs of the replacement property. Requires that such election be filed with the Secretary of the Treasury in such manner as the Secretary may prescribe. Requires, for purposes of this Act, that an exchange of equity interest shall be treated as a sale of such interest and the acquisition of replacement property on such exchange shall be treated as a purchase of such property. Requires that the determination of whether an equity interest in a small business concern be made at the time such interest is acquired by the taxpayer. Provides limitations on stock sales with respect to any equity interest in a qualified small business concern. Requires a reduction on the basis of replacement property in the case of nonrecognition of gain on the sale of equity interest in qualified small business concerns. Provides a statute of limitations for the assessment of any deficiency attributable to gain from the sale of equity interest in such business concerns. Provides technical and conforming amendments to the Internal Revenue Code applicable to provisions of this Act. Permits employees of qualified small concerns to exercise stock options within ten years after the date such option was granted. Provides for a reduction of capital gains tax for such business concerns held by a taxpayer for at least 5 years. Grants a capital loss carryover to a taxpayer to the extent such loss is attributable to an investment in such business concern for the ten succeeding years after the loss year. Allows a tax deduction for contributions to research and experimental expenditure reserves equal to the amount of such cash contribution during the taxable year, subject to specified limitations. Provides that such reserves shall be considered tax-exempt organizations under provisions of the Internal Revenue Code. Requires that amounts distributed to any person from such reserve shall be included in the gross income of such person, unless such amount relates to a research and experimental expenditure expense. Amends the definition of small business corporations under the Code to specify that such corporation does not have more than 100 shareholders and does not have as a shareholder a person who is not an individual or corporation. Removes limitations on amounts allowable for tax losses with respect to stock issued by qualified small business concerns. Sets forth effective dates for amendments made under this Act. Allows a qualified small business concern to treat research and experimental expenditures for the acquisition or improvement of property as expenses not chargeable to its capital account. Allows such concerns to treat such expenditures for any property subject to a depreciation or depletion allowance as deferred expenses, and in the case of a building such deferred expense shall be allowed ratably over a period of 120 months. Title III: Patents and Inventions - States that it is the objective of this Act to amend existing patent procedures in order to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Permits Federal agencies which have supported such projects to retain title to inventions through their funding agreements in specified circumstances, including when necessary to conduct foreign intelligence or counterintelligence activities. Requires review of agency determinations that such circumstances exist by the Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration. Directs the Comptroller General to report to Congress on the implementation of this Act by Federal agencies. Enumerates provisions which must be included in funding agreements between Federal agency and a small business firm or nonprofit organization including provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an organization, other than small business firms, from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Provides that the first commercial use with respect to a product of the invention shall not end the exclusive period to different subsequent products covered by the invention. Requires the head of a Federal agency to approve provisions of a funding agreement which require the licensing to third parties of inventions owned by the contractor. Sets forth terms and conditions under which such approval may be granted. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assigns to grant licenses in order to: (1) achieve practical application of the invention in its field of uses; (2) alleviate health or safety needs; (3) meet requirements for public use specified by Federal regulations; or (4) achieve participation by United States industry in the manufacturing of an invention. Entitles the government to 15 percent of all net income in excess of $70,000 gross income received by a contractor after a patent application is filed on a subject invention. Provides that if a contractor receives a gross income of $1,000,000, the government shall be entitled to a share of the excess of $1,000,000 that shall be negotiated but not to exceed five percent of such excess. Limits the government share of any such excesses to its contributions under the funding agreement. Authorizes and directs the Director of the Office of Federal Procurement Policy to revise the government entitlements in light of changes to the Consumer Price Index or other indices at least every three years. Declares such government entitlements applicable to subject inventions upon which United States patents are granted and in effect. Restricts the assignment and licensing of rights by patent holders to foreign owned or controlled firms unless such persons agree that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States where commercially feasible. Authorizes Federal agencies to withhold information on inventions from public disclosure. Specifies the authority of Federal agencies with respect to obtaining patents, granting licenses, and transferring custody of patents. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Prohibits licensing which lessens competition. Directs that business firms be given preference in exclusive or partially exclusive licensing. Enumerates provisions which must be contained in any grant of a license by a Federal agency. Declares that this Act shall take precedence over any other Act in the disposition of inventions. Directs the Commissioner of Patents and Trademarks to establish regulations governing: (1) the citation to the Patent and Trademark Office of prior art patents or publications which are pertinent to a later patent; and (2) the reexamination of a patent to determine whether such a prior patent or publication has any bearing on the patentability of any claim of such patent. Authorizes any individual to: (1) cite to the Office any such prior patent; and (2) request such a reexamination. Requires the Commissioner within 90 days of such a request to make a determination as to whether the cited prior patent raises a new question of the patentability of any claim of the later patent. Authorizes the Commissioner on his or her own initiative to make such a determination at any time. States that a determination that no new question is raised shall be final. Directs the Commissioner, upon determining that there is a new question of patentability, to order and conduct a reexamination. Requires that the patent owner be provided at least two months to file a statement on such question and that the person making the reexamination request be provided two months to respond to such statement. Declares that the patent owner shall be provided an opportunity in any reexamination to amend any claim of the patent in order to distinguish the claim from the prior patent cited, or in response to a decision adverse to the patentability of the claim. Authorizes the owner to appeal any adverse decision. Directs the Commissioner, upon the conclusion of any reexamination or appeal proceeding, to issue and publish a certificate cancelling any unpatentable claim, confirming any valid claim, and incorporating any amended claim in the patent. Declares that no prior patent or publication may be relied upon as evidence of nonpatentability in a civil action involving the validity or infringement of a patent unless: (1) the prior patent or publication was cited by or to the Office regarding application or reexamination proceedings for the patent; or (2) the court concludes that consideration of the prior patent or publication in such proceedings is unnecessary for adjudication. Sets forth circumstances under which a court may stay the proceedings of a civil action involving the infringement or validity of a patent to enable either party to such action to secure a determination on a request for reexamination of the patent by the Patent and Trademark Office. Provides the moving party in such action the right to dismiss the complaint commencing such action.
United States · United States Congress · 16 October 1979
Long-Term Care Residents' Rights Act - Declares as the policy of the United States that each resident in a long-term care facility has specified basic rights, such as the right to participate in decision-making regarding his or her medical treatment to the maximum extent possible, and the right to confidential treatment of personal and medical records. Requires that each long-term care facility which participates in a health care program, receives Federal assistance, or is certified for participation in a Federal or State health care financing program secure to each resident such basic rights by meeting specified obligations, including the following: (1) establishing written policies regarding residents' rights and procedures for implementing such policies; (2) informing residents of their rights and of any changes in the policies and procedures of the facility at least 30 days before any such change becomes effective; (3) informing residents of the services and charges of the facility; (4) giving 30-day notice to a resident who is to be involuntarily transferred or discharged from the facility; (5) assisting each resident to exercise his or her rights as a resident and citizen, including filing complaints and voicing grievances; (6) protecting each resident from mental and physical abuse; and (7) permitting residents who are husband and wife to share the same room if they so choose. Prohibits any such facility from: (1) denying admission to or terminating the stay of any resident because of the source of third-party payment; or (2) interfering with the right of any resident to receive primary health care services from sources other than the facility. Amends the Older Americans Act of 1965 to require the long-term care ombudsman program to investigate and resolve complaints made by or on behalf of a resident of a long-term care facility regarding alleged violations of rights secured by this Act. Grants to any individual whose rights under this Act have been violated a cause of action against the facility for damages and other relief in a United States district court without regard to the amount in controversy or exhaustion of remedies. Stipulates that the provisions of this Act shall not apply to any facility: (1) for the mentally ill; (2) owned and operated by the Federal Government or; (3) affiliated with a correctional institution.
United States · United States Congress · 16 October 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of benefits to any individual for any month in which such individual is confined in a penal institution. Stipulates that benefits withheld from such individuals shall be treated as having been paid to such individuals for purposes of determining the benefits to which other persons are entitled on the basis of the same wages and self-employment income.
United States · United States Congress · 16 October 1979
Bread Labeling Act - Amends the Agricultural Act of 1949 to require that every loaf of bread in packaged form distributed in interstate or foreign commerce shall bear a label specifying (in cents per pound) the cost to the manufacturer of the farm product ingredients of the bread. Permits the Attorney General, at the request of the Secretary of Agriculture, to seek an injunction or restraining order in the appropriate U.S. district court for violations of the labeling requirements imposed by this Act. Provides for civil penalties of up to $1,000 for each violation of this Act.
United States · United States Congress · 16 October 1979
Calls upon the President, with respect to Chile, to: (1) recall the U.S. Ambassador to Chile; (2) apply statutes limiting assistance to countries with terrorist governments or countries harboring terrorists; (3) prohibit deliveries of defense articles or services; (4) recall all military personnel; (5) prohibit the issuance of U.S. visas to Chilean military or intelligence personnel; (6) prohibit credits or loan guarantees to be granted by the Export-Import Bank; (7) prohibit the granting of export licenses; (8) order the immediate suspension of private bank loans; and (9) demand that Chilean rights be fully restored.
United States · United States Congress · 16 October 1979
Amends rule XXI of the Rules of the House of Representatives to prohibit any provision in any appropriation bill or amendment to such bill which changes existing law or has the effect of imposing any limitation not contained in existing law.
United States · United States Congress · 12 October 1979
Provides an alternative eight-year (unless otherwise extended) term of service in the Reserve as one of the requirements for a Senior Reserve Officers' Training Corps (R.O.T.C.) scholarship. Stipulates that such service may include periods of active duty, active duty for training, and other active or inactive service. Increases the maximum number of such scholarship recipients in the Army program from 6,500 to 12,000. Authorizes additional scholarships to be awarded to eligible students at a military junior college. Defines "military junior college" as a civilian postsecondary educational institution essentially military in nature that does not confer baccalaureate degrees and that meets other requirements as may be prescribed by the Secretary of the Army. Establishes eligibility criteria for such scholarship recipients, including: (1) United States citizenship; (2) enlistment in an Army Reserve unit; and (3) service as a commissioned officer in the Army Reserve or the National Guard for at least six years. Authorizes the Secretary of the Army to order a scholarship recipient who does not complete the course of instruction, or who refused to accept a commission upon completion of instruction, to serve on active duty for up to four years. Authorizes the Secretary to delay the commencement of such Reserve service until completion of a graduate or undergraduate degree.
United States · United States Congress · 12 October 1979
Fisheries Development Act of 1979 - Title I: Amendments to the Fishery Conservation and Management Act of 1976 - Amends the Fishery Conservation and Management Act of 1976 to require any preliminary or final fishery management plan prepared by the Secretary of Commerce or a Regional Fishery Management Council, respectively, to designate any underutilized fishery as a harvester underutilized fishery, a processor underutilized fishery, or both. Defines such an underutilized fishery as a fishery in which the capacity of United States vessels or food processors to harvest or process fish is below the normal range of fluctuation of the optimum yield of such fishery. Directs the Secretary, in consultation with the Council concerned: (1) to prepare and establish by regulation development plans for the underutilized fisheries which the Secretary determines have the most potential for commercial development; and (2) to designate such fisheries as "priority development fisheries." Authorizes the Secretary to make grants and enter into contracts with qualified persons to carry out an activity under such a plan. Prescribes terms, conditions, and limitations of such grants and contracts. Authorizes appropriations for carrying out this title. Title II: Amendments to the Merchant Marine Act, 1936 - Extends provisions of the Merchant Marine Act of 1936 which govern a capital construction fund for vessels built in the United States to govern such a fund for fishing vessels built in, and fishing facilities located in, a Commonwealth, territory, possession, or State of the United States. Authorizes the Secretary: (1) to guarantee the payment of obligations for financing or refinancing the construction, reconstruction, or reconditioning of fishery facilities capable of being used for priority development fisheries; and (2) to apply an economic soundness test with respect to guarantees of obligations for fishing vessels or facilities designed for use in such priority fisheries which is less stringent than the test applicable to other obligation guarantees under such Act. Directs the Secretary to establish within the Federal Ship Financing Fund three subfunds to contain moneys for obligation guarantees for: (1) fishing vessels and facilities meeting the more stringent test; (2) high risk fishing vessels and facilities meeting the less stringent test; and (3) vessels other than fishing vessels. Amends the Fish and Wildlife Act of 1956 to abolish the loan program for commercial fishing vessels and year. Transfers the funds of such program to the high risk subfund in the Federal Ship Financing Fund. Title III: Miscellaneous Provisions - Amends the Saltonstall-Kennedy Act to require the Secretary to use a portion of the duties collected on fishery products and transferred to the Secretary under such Act for carrying out the development plans for priority development fisheries.
![Official portrait of Rep. Weaver, James H. [D-OR-4]](https://www.congress.gov/img/member/w000227_200.jpg)