United States · United States Congress · 8 February 1979
Grain Products Utilization Act - Title I: Department of Agriculture-Research and Studies on the Economic and Agricultural Effects of Using Agricultural Products in the Development and Use of Fuels - Directs the Secretary of Agriculture to conduct research and studies concerning the economic and agricultural effects of using agricultural products in the development of fuels. Requires the Secretary to submit an annual report to the President and the Congress regarding such research and studies. Title II: Department of Energy-Research and Studies on the Use of Agricultural Products in the Development and Use of Fuel - Directs the Secretary of Energy to conduct research and studies concerning the use of agricultural products in the development of fuels. Requires the Secretary to submit an annual report to the President and the Congress regarding such research and studies. Title III: Tax Provisions - Amends the Internal Revenue Code of 1954 to provide a deduction with respect to the amortization of any qualified ethanol-producing facility. Defines qualified ethanol-producing facility for purposes of such deduction. Provides an annual tax credit of one penny for each gallon of qualified gasoline sold by an eligible taxpayer during the taxable year. Defines taxpayer and qualified gasoline for purposes of such tax credit. Title IV: Guaranteed Loans for Ethanol-Producing Facilities - Directs the Secretary of Agriculture to establish a program of federally guaranteed loans for the construction of ethanol-producing facilities. Directs that farmers and farm groups be given priority for such guaranteed loans. Prohibits the Secretary from guarantying more than 75 percent of any such loan. Limits the amount of indebtedness guaranteed under any such loan to not more than $5,000,000. Limits the amount of indebtedness guaranteed under this section to not more than $750,000,000 at any one time.
United States · United States Congress · 8 February 1979
Taxpayer Relief Amendments to Panama Treaty Legislation - Specifies that all expenses incurred implementing the Panama Canal Treaty of 1977 shall be treated as an expense of the Panama Canal Commission. Prohibits payments to Panama out of U.S. Treasury revenues. Requires the Panama Canal Company to pay its cash assets to the U.S. Treasury to be applied against its debt. Directs the Commission to continue repaying its debt to the United States. Amends the Panama Canal Code to require the Commission to pay: (1) all canal operating revenues to the U.S. Treasury; and (2) the payments required under the Treaty to Panama only with express congressional authorization. Directs the General Accounting Office to monitor all costs incurred by the Commission and report annually to Congress on the differences in costs to the U.S. taxpayer. Prohibits unless expressly authorized by Congress: (1) the use of U.S. funds to implement the Treaty; (2) the transfer of U.S. property in the Canal Zone to Panama; and (3) the cessation of the Panama Canal Company and the Canal Zone Government.
United States · United States Congress · 5 February 1979
Directs the Federal Communications Commission to examine the use of the AM radio broadcasting band and to assign such spectrum and distribute licenses so as to ensure that each community, regardless of size, is provided with the maximum local full-time radio broadcasting service.
United States · United States Congress · 1 February 1979
Amends the Internal Revenue Code to permit taxpayers who do not itemize income tax deductions to claim a deduction from gross income for charitable contributions.
United States · United States Congress · 1 February 1979
Administrative Rulemaking Reform Act - Requires a Federal agency preparing to hold a rulemaking session to make a reasonable effort to inform those likely to be affected by the proposed rulemaking. Requires that if the affected group is large, representatives of such group must be notified. Requires, in addition to present requirements, that the notice of rulemaking include the projected effective date of the rules, the purpose of the rulemaking, the text of the proposed rules, and the technical or other studies on which the agency intends to rely in the rulemaking proceedings. Applies the requirements of this Act to all rulemaking sessions except: (1) those specifically authorized to be kept secret in the interest of national security, and (2) those relating to agency management. Requires public notice and public opportunity for comment on all rulemaking proceedings under this Act unless the agency finds that the rules to be proposed are emergency rules or are of routine or insignificant impact in which case the rule must be published with reasons for its adoption. Requires Federal agencies to give interested persons at least 45 days to participate in the rulemaking. Requires the agency to maintain a file of each proceeding to be made available to the courts, Congress, and to the public in connection with review of the rule. Limits the period for public comment to a maximum of 90 days. Requires a copy of all proposed rules to be sent to Congress. States that such rule, other than an emergency rule, shall not become effective if it is disapproved within 90 days by both Houses of Congress, or it is disapproved within 60 days by one House and no action is taken on the disapproval resolution by the other House. Provides that either House of Congress may, by resolution, require any agency to reconsider and resubmit any rule to which this Act applies. Requires that such proposed rule be repromulgated anew in accordance with all the provisions of this Act unless it is reconsidered and resubmitted to Congress within 180 days after the adoption of the resolution requiring such reconsideration. Requires the Administrative Conference of the United States to study Congressional review of agency rulemaking under this Act and report the effect of such review on such rulemaking before July 1, 1984. Authorizes to be appropriated $200,000 to finance such study. Makes this Act effective 90 days after enactment. Terminates the Congressional review required by this Act at the adjournment of the Ninety-eight Congress.
United States · United States Congress · 29 January 1979
Small Business Tax Relief Act of 1979 - Amends the Internal Revenue Code to limit recognition on the gain from the sale or exchange of an unincorporated trade or business prior to the time that the taxpayer attains age 55 by providing that such gain shall be recognized only to the extent that it exceeds the cost of reinvesting in replacement property for another small business venture. Provides for the taxation of such gain, after age 55, as ordinary income according to the ten year averaging rules applicable to lump sum distributions from employee benefit plans. Increases the additional first year depreciation allowance for small businesses. Permits a taxpayer election to amortize over a 36 month period expenses for depreciable property which is acquired to put a small business in compliance with Federal regulations and which does not have any economic usefulness for the business. Exempts domestic international sales corporations (DISC) which have adjusted taxable income of $1,000,000 or less from the limitations on deferral of base period export gross receipts which are applicable to larger corporations. Permits businesses with gross receipts of less than $1,000,000 to elect the cash method of accounting in reporting income. Allows a refund to employers of their proportionate share of excess social security payments made on behalf of employees who were employed by two or more employers during the taxable year. Permits an income tax credit of $5 for each form or document which a small business is required to file pursuant to Federal law.
United States · United States Congress · 25 January 1979
Tuition Tax Credit Act of 1979 - Amends the Internal Revenue Code to allow individual taxpayers an income tax credit for 25 percent of the tuition paid for the elementary, secondary, college, or post-secondary vocational education of the taxpayer, his spouse, or any of his dependents. Sets forth maximum dollar amounts allowable as a credit for calendar years 1979 through 1982, after which the credit expires. Treats tuition payments as paid for calendar year 1979 only if such payments are made on or after August 1, 1979, and before February 1, 1980, for education furnished on or after August 1, 1979, and before January 1, 1980. Treats tuition payments as paid for calendar years 1980 and thereafter only if such payments are made during the particular calendar year or within one month of the beginning or close of such calendar year for education furnished during that year. Defines full-time and qualified half-time student. Excludes from the definition of "tuition" any amounts paid for books, supplies, equipment for coursework, meals, lodging, transportation, or similar personal expenses. Forbids any construction of this Act as granting the Government additional authority to examine the books or activities of any church school except to the extent necessary to determine whether such school is an eligible educational institution within the meaning of this Act. Provides for the immediate certification of any judicial action brought in a United States district court concerning the constitutionality of this Act to the appropriate circuit court of appeals. Authorizes direct appeal to the Supreme Court of any decision by a circuit court. Requires the expedited consideration of such a case at both judicial levels. Requires the disregard of any amount received by the taxpayer as a tuition tax credit for purposes of determining the eligibility of the taxpayer for Federal, State, or local educational assistance.
United States · United States Congress · 25 January 1979
Terminates the authorization for duplicate locks on the Illinois River, Illinois. Terminates the flood control projects authorized for: (1) Salt Creek Lake, Ohio; (2) Trexler Lake, Pennsylvania; (3) Spewrell Bluff Lake, Georgia; (4) Lincoln Dam and Reservoir, Illinois; (5) Pattonsburg Lake, Missouri; (6) Helm Lake, Illinois; (7) Mill Creek Lake, Ohio; (8) Salem Church Dam and Reservoir, Virginia; and (9) Big Darby Lake, Ohio. Directs the Secretary of Army to convey certain lands acquired for the Big Darby Lake flood control project to the State of Ohio to be administered as a wildlife refuge. Terminates the authorization for further construction of the Cross-Florida Barge Canal. Extends the boundaries of the Ocala National Forest, Florida, to include land owned by the United States as part of the Cross-Florida Barge Canal project. Authorizes the Secretary of Agriculture to acquire lands owned by the State of Florida within the extended boundaries of the Forest. Terminates the Meramec Park Lake flood control project, Missouri. Requires the Secretary of the Army, through the Chief of Engineers to study and report to Congress concerning the manner of disposition and future utilization of the project's land and structures which best serves the public interest.
United States · United States Congress · 25 January 1979
Directs the President to inform Congress of any dangers to Taiwan. Declares the policy of the United States to safeguard its interest and meet any dangers to Taiwan.
United States · United States Congress · 22 January 1979
Removes the jurisdiction of the Supreme Court of the United States and the Federal district courts over any case arising out of any State statute, ordinance, rule or regulation, which relates to voluntary prayers in public schools and public buildings.
United States · United States Congress · 18 January 1979
Authorizes and requests the President to designate the week beginning on the Sunday preceding the fourth Thursday in November of each year as "National Family Week."
United States · United States Congress · 15 January 1979
Discipline in Federal Spending Act of 1979 - Amends the congressional budget process to prohibit any annual increase in the level of Federal outlays and new budget authority greater than eight percent for any fiscal year beginning after September 30, 1979. Prohibits the consideration in either the House of Representatives or the Senate of any proposed legislation which would exceed such limitation. Suspends the requirements imposed by this Act during a declared war or during a period of economic necessity declared by the Congress with the concurrence of two-thirds of the Members of both Houses.
United States · United States Congress · 15 January 1979
Discipline in Federal Spending Act of 1979 - Establishes limitations on the congressional budget to limit total, Federal budget outlays for any fiscal year after September 30, 1983, to 20 percent of the gross national product for the preceeding year. Requires any proposed legislation which would violate such limitations to be ruled out of order in either the House or the Senate. States that the requirements established by this Act shall not apply during a period of national emergency.
United States · United States Congress · 15 January 1979
Amends the Congressional Budget Act of 1974 to require that Federal expenditure not exceed revenues during any fiscal year except in time of war declared by Congress or in a period of declared economic necessity. States that it shall not be in order in either the House of Representatives or the Senate to consider or adopt a concurrent resolution on the budget which is not in keeping with the above stated requirement. Requires two percent of the Federal budget outlays for each fiscal year following the termination of a war or period of economic necessity to be applied to the retirement of any increase in the national debt resulting from such occurrences. Amends the Budget and Accounting Act, 1921, to require the President to transmit a budget to the Congress which complies with such requirements. Directs the President to take action (by placing funds in reserve, by apportionment of funds, or otherwise) necessary to insure such compliance, notwithstanding obligational authority or appropriations made within the executive branch.
United States · United States Congress · 15 January 1979
Discipline in Federal Spending Act of 1979 - Amends the congressional budget process to prohibit any annual increase in the level of Federal outlays and new budget authority greater than 11 percent for any fiscal year beginning after September 30, 1979. Prohibits the consideration in either the House of Representatives or the Senate of any proposed legislation which would exceed such limitation. Suspends the requirements imposed by this Act during a declared war or during a period of economic necessity declared by the Congress with the concurrence of two-thirds of the Members of both Houses.
United States · United States Congress · 15 January 1979
Discipline in Federal Spending Act of 1979 - Amends the congressional budget process to prohibit any annual increase in the level of Federal outlays and new budget authority greater than nine percent for any fiscal year beginning after September 30, 1979. Prohibits the consideration in either the House of Representatives or the Senate of any proposed legislation which would exceed such limitation. Suspends the requirements imposed by this Act during a declared war or during a period of economic necessity declared by the Congress with the concurrence of two-thirds of the Members of both Houses.
United States · United States Congress · 15 January 1979
Amends the Congressional Budget Act of 1974 to require that Federal expenditures not exceed revenues during any fiscal year except in time of war declared by Congress or in a period of declared economic necessity. States that it shall not be in order in either the House of Representatives or the Senate to consider or adopt a concurrent resolution on the budget which is not in keeping with the above stated requirement. Amends the Budget and Accounting Act, 1921, to require the President to transmit a budget to the Congress which complies with such requirements. Directs the President to take action (by placing funds in reserve, apportionment of funds, or otherwise) necessary to insure such compliance, notwithstanding obligational authority or appropriations made within the executive branch.
United States · United States Congress · 15 January 1979
Discipline in Federal Spending Act of 1979 - Establishes limitations on the congressional budget to limit total Federal budget outlays to 20 percent of the gross national product for any fiscal year beginning after September 30, 1984. Requires any proposed legislation which would violate such limitations to be ruled out of order in either the House or the Senate. States the requirements established by this Act shall not apply during a period of national emergency.
United States · United States Congress · 15 January 1979
Discipline in Federal Spending Act of 1979 - Amends the congressional budget process to prohibit any annual increase in the level of Federal outlays and new budget authority greater than seven percent for any fiscal year beginning after September 30, 1979. Prohibits the consideration in either the House of Representatives or the Senate of any proposed legislation which would exceed such limitation. Suspends the requirements imposed by this Act during a declared war or during a period of economic necessity declared by the Congress with the concurrence of two-thirds of the Members of both Houses.
United States · United States Congress · 15 January 1979
Discipline in Federal Spending Act of 1979 - Establishes limitations on the congressional budget to limit total, Federal budget outlays to 20 percent of the gross national product for any fiscal year beginning after September 30, 1982. Requires any proposed legislation which would violate such limitations to be ruled out of order in either the House or the Senate. States the requirements established by this Act shall not apply during a period of national emergency.
United States · United States Congress · 15 January 1979
Discipline in Federal Spending Act of 1979 - Establishes limitations on the congressional budget to limit total, Federal budget outlays to 20 percent of the gross national product for any fiscal year beginning after September 30, 1983. Requires any proposed legislation which would violate such limitations to be ruled out of order in either the House or the Senate. States the requirements established by this Act shall not apply during a period of national emergency.
United States · United States Congress · 15 January 1979
Amends the Congressional Budget Act of 1974 to require that Federal expenditures not exceed revenues during any fiscal year except in time of war declared by Congress or in a period of declared economic necessity. States that it shall not be in order in either the House of Representatives or the Senate to consider or adopt a concurrent resolution on the budget which is not in keeping with the above stated requirement. Requires one percent of the Federal budget outlays for each fiscal year to be applied to the retirement of the national debt. Amends the Budget and Accounting Act, 1921, to require the President to transmit a budget to the Congress which complies with such requirements. Directs the President to take action (by placing funds in reserve, apportionment of funds, or otherwise) necessary to insure such compliance, notwithstanding obligational authority or appropriations made within the executive branch.
United States · United States Congress · 15 January 1979
Amends the Congressional Budget Act of 1974 to require that Federal expenditures not exceed revenues during any fiscal year except in time of war declared by Congress or in a period of declared economic necessity. States that it shall not be in order in either the House of Representatives or the Senate to consider or adopt a concurrent resolution on the budget which is not in keeping with the above stated requirement. Requires three percent of the Federal budget outlays for each fiscal year to be applied to the retirement of the national debt. Amends the Budget and Accounting Act, 1921, to require the President to transmit a budget to the Congress which complies with such requirements. Directs the President to take action (by placing funds in reserve, by apportionment of funds, or otherwise) necessary to insure such compliance, notwithstanding obligational authority or appropriations made within the executive branch.
United States · United States Congress · 15 January 1979
Electronic Funds Transfer Privacy Act - Amends the Consumer Credit Protection Act to prohibit any institution from disclosing information regarding any electronic funds transfer with respect to a consumer account except: (1) to the account holder; (2) to a party to the transfer or a party necessary to effectuate the transfer; (3) to a person or consumer reporting agency authorized by law to have access to the records of such institution; (4) pursuant to a court order; or (5) pursuant to the express written authorization of the account holder for a particular purpose.
United States · United States Congress · 15 January 1979
Discipline in Federal Spending Act of 1979 - Amends the congressional budget process to prohibit any annual increase in the level of Federal outlays and new budget authority greater than ten percent for any fiscal year beginning after September 30, 1979. Prohibits the consideration in either the House of Representatives or the Senate of any proposed legislation which would exceed such limitation. Suspends the requirements imposed by this Act during a declared war or during a period of economic necessity declared by the Congress with the concurrence of two-thirds of the Members of both Houses.
United States · United States Congress · 15 January 1979
Discipline in Federal Spending Act of 1979 - Establishes limitations on the congressional budget to limit total, Federal budget outlays for any fiscal year after September 30, 1982, to 20 percent of the gross national product for the preceding year. Requires any proposed legislation which would violate such limitations be ruled out of order in either the House or the Senate. States that the requirements established by this Act shall not apply during a period of national emergency.
United States · United States Congress · 15 January 1979
Discipline in Federal Spending Act of 1979 - Establishes limitations on the congressional budget to limit total, Federal budget outlays for any fiscal year after September 30, 1982, to 20 percent of the gross national product for the preceding year. Requires any proposed legislation which would violate such limitations be ruled out of order in either the House or the Senate. States that the requirements established by this Act shall not apply during a period of national emergency.
United States · United States Congress · 15 January 1979
Amends the Congressional Budget Act of 1974 to require that Federal expenditures not exceed revenues during any fiscal year except in time of war declared by Congress or in a period of declared economic necessity. States that it shall not be in order in either the House of Representatives or the Senate to consider or adopt a concurrent resolution on the budget which is not in keeping with the above stated requirement. Requires three percent of the Federal budget outlays for each fiscal year to be applied to the retirement of the national debt. Amends the Budget and Accounting Act, 1921, to require the President to transmit a budget to the Congress which complies with such requirements. Directs the President to take action (by placing funds in reserve, apportionment of funds, or otherwise) necessary to insure such compliance, notwithstanding obligational authority or appropriations made within the executive branch.
United States · United States Congress · 15 January 1979
Truth in Lending Simplification Act - Amends the Truth in Lending Act to exempt transactions involving extensions of credit for agricultural purposes. Defines the finance charge as the sum of all charges imposed upon and payable by the consumer for the extension of credit. Requires the itemizing of finance charges except in the case of the sale of a dwelling or a consumer loan secured by a first lien. Amends the Truth in Lending Act by requiring from both consumer and creditor statements indicating a security interest is taken and general descriptions of any other property which is the subject of or is connected with an extension of credit not under an open end credit plan. Requires the Board of Governors of the Federal Reserve System to provide readily understandable model forms and clauses to facilitate compliance with disclosure requirements. States that no civil or criminal liability applies for failure to make disclosure if the creditor utilized these model forms or clauses in good faith. Redefines the disclosure requirements to comply with the provisions of this Act. States that whoever maliciously or in bad faith institutes a civil proceeding under this Act is liable for damages. Establishes a fixed date for regulations of the Board of Governors requiring credit disclosure different from that previously required under the Consumer Credit Protection Act. Removes the limitation on recovery in class actions brought for violations of the credit billing and consumer lease provisions of the Truth in Lending Act. Empowers the courts to award reasonable attorney's fees in successful actions involving secured consumer credit transactions in which the litigant is determined to have a right of rescission. Lengthens, from 15 to 60 days, the time in which a creditor may notify a consumer of a billing error in order to establish such notice as a defense in civil actions brought by the Federal Trade Commission or criminal actions for the intentional violation of the consumer credit cost disclosure requirements. Requires creditors in such cases to adjust their accounts in order to reflect the lowest finance charge actually disclosed to the consumer. States that clerical, calculation, computer, and printing errors are examples of bona fide errors in establishing an unintentional violation defense. Stipulates that an error of judgment concerning a persons's legal obligations is not a bona fide error.
United States · United States Congress · 15 January 1979
Solar Energy Bank Act - Establishes a Government corporation in the Department of Housing and Urban Development to be known as the Solar Energy Development Bank to make long-term, low-interest loans to encourage the use of solar energy in commercial and residential structures. Sets forth requirements for loan eligibility concerning the term and amount of the loan and necessary warranties for the solar energy systems covered by such loan. Prohibits conflicts of interest on the part of officers or employees of the Bank. Imposes criminal penalties for the furnishing of false or misleading information by applicants for loans under this Act. Establishes a seven-member Advisory Board to make annual reports to Congress and the President on the operation of the program established by this Act. Prohibits subsidy payments under this Act to any person who has received other Federal assistance for purchase and/or installation of energy systems similar to the solar systems assisted under this Act.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to require an annual cost-of-living adjustment, based on the Consumer Price Index, to the individual income tax rates and the personal exemption.
United States · United States Congress · 15 January 1979
Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse eecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principals. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; (3) the interests of the State of Alaska and the Native Corporations shall be continually considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Ainakchak National Monument; (2) Bering Land Bridge National Monument; (3) Cape Krusenstern National Monument; (4) Gates of the Arctic National Monument; (5) Kenai Fjords National Monument; Kobuk Valley National Monument; (7) Lake Clark National Monument; (8) Noatak National Monument; Wrangell-Saint Elias National Monument; (10) Yukon-Charley National Monument; and (11) Katmai National Monument. Expands and redesignates: (1) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park; and (2) Glacier Bay National Monument by the addition of 40,000 acres to be redesignated as Glacier Bay National Park. Establishes as units of the National Park System: (1) Aniakchak National Preserve; (2) Lake Clark National Preserve; and (3) Noatak National Preserve. Establishes and designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Park; (3) Cape Krusenstern National Park; (4) Denali National Park; (5) Gates of the Arctic National Park; the Arctic Wilderness; (6) Glacier Bay National Park; (7) Katmai National Park; (8) Kenai Fjords National Park; (9) Kobuk Valley National Park; (10) Lake Clark National Park and Preserve; (11) Noatak National Park; (12)Wrangell-Saint Elias National Park; and (13) Yukon-Charley National Park. Directs the Secretary of the Interior to study the nondesignated areas within the boundaries of the National Park System and report to the President and Congress on the suitability of all roadless areas for preservation as wilderness. Directs the Secretary of the Interior to administer all Alaska lands, waters, and interests in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds that were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to the applicable laws and regulations. Permits the continuation of reindeer grazing within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, with respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Monument and Yukon Flats National Monument as Yukon Flats National Wildlife Monument. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Copper River National Wildlife Refuge; (4) Iliamna National Wildlife Refuge; (5) Innoko National Wildlife Refuge; (6) Kanuti National Wildlife Refuge; (7) Koyukuk National Wildlife Refuge; (8) Nowitna National Wildlife Refuge; (9) Selawik National Wildlife Refuge; (10) Teshekpuk National Wildlife Refuge; (11) Tetlin National Wildlife Refuge; and (12) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; and (4) Kenai National Moose Range. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge (to be known as Alaska Maritime Wilderness, Aleutian Islands Wilderness, Unimak Wilderness and Semidi Wilderness); (2) Alaska Peninsula National Wildlife Refuge (to be known as Pavlof wilderness and Chiginagak Wilderness); (3) Arctic National Wildlife Range; (4) Becharof National Wildlife Monument; (5) Copper River National Wildlife Refuge; (6) Innoko National Wildlife Refuge; (7) Izembek National Wildlife Range; (8) Kanuti National Wildlife Refuge; (9) Kenai National Wildlife Range; (10) Kodiak National Wilderness Refuge; (11) Koyukuk National Wildlife Refuge; (12) Nowitna National Wildlife Refuge; (13) Nunivak National Wildlife Refuge; (14) Selawik National Wildlife Refuge; (15) Tetlin National Wildlife Refuge; (16) Togiak National Wildlife Range; (17) Yukon Delta National Wildlife Refuge (to be known as Andreafsky Wilderness and Kisaralik Wilderness); and (18) Yukon Flats National Wildlife Monument (to be known as Hodzana Wilderness and White Mountain Wilderness). Directs the Secretary of the Interior to review all areas within the National Wildlife Refuge System established or expanded by this Act as to their suitability for preservation as wilderness. Directs the President to advise Congress as to the Secretary of the Interior's recommendations. Declares that all Executive orders and other administrative actions which were in effect on the day before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation unit established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the major purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within or adjacent to a refuge. States that each such agreement shall provide that the land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon River, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Directs the Secretary of the Interior to conduct an assessment of the bald eagle in the Chilkat River area in order to determine habitat use, dynamics of salmon runs on which the eagles feed, seasonal movement patterns, and effects on the eagle population of developments by man. Directs the Secretary to develop a proposal to conserve bald eagles and other wildlife in the region, insure compatible land uses, provide for land lease agreements to facilitate the proposal. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Chugach National Forest, to be known as Nellie Juan Wilderness, College Fjord Wilderness, Red Peak Wilderness, and Tonki Cape Wilderness); (2) Admiralty Island National Monument; (3) Tongass National Forest, (to be known as Endicott Wilderness, Etolin Island Wilderness, Idaho Inlet Wilderness, Karta Wilderness, and King Salmon Capes Wilderness; (4) Misty Fjords National Monument; (5) Tongass National Forest, to be known as Petersburg Creek-Duncan Canal Wilderness, Prince of Wales Wilderness, Rocky Pass Wilderness, Russell Fjord Wilderness, Stikine- LeConte Wilderness, South Baranof Wilderness, Tebenkof Wilderness, Tracy-Arms-Ford Terror Wilderness, and West Chichagof-Yakobi Wilderness). Directs the Secretary of Agriculture to study and report to the President and Congress in accordance with the Wilderness Act recommendations as to the suitability of the Western Prince William Sound for preservation as wilderness. Specifies that the provisions of this Act apply only to the lands within Alaska and nothing in this Act shall be interpreted to expand, diminish, or modify provisions of the Wilderness Act with respect to lands outside of Alaska. Allows the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas designated by this Act in accordance with the goal of restoring and maintaining anadromous fish production in the Tongass National Forest. Sets forth factors to be considered in allowing such activity. Directs that previously existing public use cabins within national forest wilderness may be permitted to continue subject to necessary restrictions deemed to preserve the wilderness character of the area. Authorizes the Secretary of Agriculture to construct and maintain a limited number of new cabins and shelters. Authorizes the Secretary of Agriculture to permit commercial fishery activities within national forest wilderness in accordance with principles of sound fisheries management. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Amends the Alaska Native Claims Settlement Act to prohibit land conveyed to a Native Corporation pursuant to this Act or the Alaska National Interest Lands Conservation Act, which is within a contingency area designated in a U.S. timber sale contract, to be subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor form entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Stony, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak (including its major tributaries), Chilikadrotna, Mulchatna, Stonu, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Porcupine, Sheenjek, Andreafsky, Ivishak, Kanektok, Kisaralik, Wind, Beaver Creek, Copper, Selawik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Holitna-Hoholitna, Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, Susitna. Sets forth time requirements for completion of such studies. Authorizes the Secretary to seek cooperative agreements with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to promulgate regulations to protect the quality and quantity of water in the Wulik River. Allows the Secretary to grant rights-of-way for oil and gas pipelines across the Iditarod Trail or a wild and scenic river when there exists no alternative route. Sets forth the requirements for obtaining a permit for an oil or gas pipeline. Title VI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, and Native and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owed or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title VII: Subsistence - Declares the first priority of this Act to be consumptive uses of fishing and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Directs the Secretary, if the State fails to do so, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to take certain administrative action if it is determined that the program or implementation is not in compliance with this Act. Gives the Secretary authority to close public areas to all consumptive uses except subsistence uses by local residents. Sets forth procedures for hearings and appeal by the State. Gives the Secretary emergency authority to temporarily close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits the appropriate Federal agency from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision or a Native Corporation may only by acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Directs the Secretary to authorize and permit temporary access by the State or a private landowner to any conservation system unit, the Alaskan National Petroleum Reserve, or public lands for the purposes of survey and geophysical study and adequate access State or privately owned land and valid mining claims. Removes certain restrictions from sections of the North Slope Haul Road. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to establish an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to establish such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to establish such a center in Juneau, Ketchikan, or Sitka. Sets forth provisions relating to program planning, construction, operation and administration of such centers. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Stipulates that a holder of a permit to use any conservation system shall be strictly liable for damage to any lands, fish, wildlife or other renewable resource, unless such damage was caused by an act of war or the negligence of the United States. Limits damages for such strict liability to $50,000,000 for any one incident. Exempts the State from strict liability. Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Title IX: Improvements in Administration of the Alaska Native Claims Settlement Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each stockholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Includes provisions for: (1) the Secretary waiving the whole section requirement at the request of a Village Corporation in certain specified situations; (2) the selection of land by Regional Corporations where the public lands consist only of the mineral estates; (3) the conveyance of title to the Federal or State Government or the proper municipal corporation to the surface estate for existing airport sites; and (4) the conveyance of fee title of existing cemetery and historical places to the appropriate Regional Corporation. Dissentitles any Regional Corporation which asserts a claim with the Secretary to certain subsurface estate of lands selected under such Act which are in a Wildlife Refuge, to any in lieu surface or subsurface estate. Requires that any such claim must be asserted within 180 days after enactment. Amends the Alaska Native Claims Settlement Act to exempt from Federal, State, and local taxation the receipt of land or any interest pursuant to this Act to equalize the values of properties. Stipulates the manner to determine the taxable basis of such interests for the purpose of future taxable dispositions. Exempts from taxation real property interests conveyed pursuant to this Act to a Native individual or Native Corporation which are not developed or leased to third parties. States that fire protection of Native land provided by the Department of the Interior shall cover "wildland." Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites. Authorizes the Secretary to withdraw twice the amount of unfulfilled entitlement where lands selected and conveyed to a Village Corporation is insufficient to fulfill the Corporation's entitlement. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent on the date of enactment of this Act. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsite entry and to issue patent, if appropriate, to the townsite trustee. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a conservation system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska as of December 18, 1971 and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be alloted subject to a right or reentry for a 20-year period after the effective date of this Act. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Sets forth fiscal year adjustments for appropriation of funds. Directs the Secretary to pay by grant to each of the Native Group Corporations $50,000 to $100,000 depending on the population of each group, to be used for planning, development, and other authorized purposes. Subjects the decisions made by the Secretary under this title or the Alaska Native Claims Settlement Act to judicial review only if an action is initiated before a court of competent jurisdiction within two years after the Secretary's decision has become final and after the party seeking review has exhausted any administrative appeal rights. Subjects the decisions made by a Village Corporation to reconvey land under the Alaska Native Claims Settlement Act to judicial review only if the action is initiated before a court of competent jurisdiction within one year after the date of the filing of the map of the boundaries under applicable law.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to repeal the carryover basis provisions enacted by the Tax Reform Act of 1976 which provide that beneficiaries receiving property from a decedent's estate will retain the decedent's basis in the property. Restores prior law which "stepped up" or "stepped down" the property's basis to its market value at the time of death without imposing tax consequences on the appreciation or depreciation the property underwent while held by the decedent.
United States · United States Congress · 15 January 1979
Constitutional Amendment - Prohibits compelling a student to attend a public school other than the one nearest his residence which is located within the school district in which the student resides and which provides the course of study pursued by such student. Grants Congress the power to enforce by appropriate legislation the provisions of this amendment, and to insure equal educational opportunities for all students wherever located.
United States · United States Congress · 15 January 1979
Constitutional Amendment - Discipline in Federal Spending Amendment - Directs Congress to assure that total Federal outlays do not exceed total revenues during any fiscal year. Suspends such prohibition for one fiscal year in time of war or national emergency if approved by a concurrent resolution passed by a three-fourths vote of both Houses of Congress.
United States · United States Congress · 15 January 1979
Constitutional Amendment - Discipline in Federal Spending Amendment - Directs the Congress to assure that total Federal outlays during any fiscal year do not exceed 20 percent of the gross national product for such year. Authorizes suspension of such limitation in time of war or national emergency upon the concurrence of three-fourths of the Members of both Houses of Congress.
United States · United States Congress · 15 January 1979
Constitutional Amendment - Discipline in Federal Spending Amendment - Directs the Congress to assure that total Federal outlays during any fiscal year do not exceed 20 percent of the gross national product for such year. Authorizes suspension of such limitation in time of war or national emergency upon the concurrence of three-fourths of the Members of both Houses of Congress.
United States · United States Congress · 15 January 1979
Constitutional Amendment - Discipline in Federal Spending Amendment - Directs the Congress to assure that total Federal outlays during any fiscal year do not exceed 20 percent of the gross national product for such year. Authorizes suspension of such limitation in time of war or national emergency upon the concurrence of three-fourths of the Members of both Houses of Congress.
United States · United States Congress · 15 January 1979
Constitutional Amendment - Discipline in Federal Spending Amendment - Directs the Congress to assure that total Federal outlays during any fiscal year do not exceed 20 percent of the gross national product for such year. Authorizes suspension of such limitation in time of war or national emergency upon the concurrence of three-fourths of the Members of both Houses of Congress.
United States · United States Congress · 15 January 1979
Constitutional Amendment - Provides that total appropriations shall not exceed estimated revenues. Authorizes the suspension of such prohibition in time of war or national emergency. Prohibits any increase in the national debt as it exists on the date this article is ratified. Sets forth a schedule for repayment of the national debt.
United States · United States Congress · 14 October 1978
Alcohol Fuel Additive Act - Establishes a National Advisory Committee to assist the Secretary of Agriculture in conducting, promoting, and sponsoring basic and applied research, technology development, and technology transfer leading to effective and economical methods for farm operations and the extraction and production of alcohol from sweet sorghum or other hydrocarbon-containing agriculture crops (except timber). Directs the Secretary to establish and maintain a bank of this research data and to make it available to other Federal and State agencies and private persons. Authorizes the Secretary, in consultation with the Secretary of State, to enter into cooperative projects with foreign governments to accomplish the purpose of this Act. Directs the Secretary to make a status report to the President and Congress no later than December 31, 1980, and each year through 1982 concerning research and development with respect to this Act and recommended funding levels for various elements of the overall project. Authorizes appropriations to carry out the provisions of this Act.
United States · United States Congress · 13 September 1978
Federal Reserve Act Amendments - Amends the Federal Reserve Act to authorize the Board of Governors of the Federal Reserve System to require specified depository institutions to submit to the Board such periodic financial reports as the Board determines to be necessary for it to control and monitor monetary and credit aggregates. Requires every bank subject to reserve requirements to maintain reserves at the rate of seven percent against the total of its demand deposits, savings deposits, and deposits subject to negotiable orders of withdrawal that exceed $50,000,000. Authorizes the Board to adjust this rate between six and eight percent. Requires reserves against time deposits with initial maturities of less than 180 days at a rate of six percent, which may be adjusted by the Board at levels between one and six percent. Requires reserves on time deposits with initial maturities of 180 days or more at the rate of one percent, which may be adjusted by the Board at levels between one and three percent. Preempts State reserve requirements for member banks and banks with required reserves greater than zero. Imposes reserve requirements on the sum of time deposits that exceed $50,000,000, requiring the $50,000,000 exemption to be apportioned between time deposits. Requires the Board to determine each year the level of the total of demand, savings, negotiable order of withdrawal and time deposits that will be subject to reserve requirements provided the proportions established for banks whose reserve requirements are greater than zero do not exceed the proportions of such totals on June 30, 1970. Subjects to reserve requirements any bank that is either an insured bank or is eligible to apply to become an insured bank under the Federal Deposit Insurance Act. Exempts savings and mutual savings banks as defined in such Act from reserve requirements. Authorizes the Board to establish additional reserve requirements against: (1) net balances owed by domestic offices of banks in the United States to foreign offices or banks; and (2) loans to United States residents made by overseas offices of banks with offices in the United States. Grants certain privileges of member banks of the Federal Reserve System to non-member banks maintaining reserves required by this Act. Authorizes the imposition of reserve requirements exceeding the limits imposed by this Act for 30-day periods upon a finding that extraordinary circumstances require such action by at least five members of the Board after consultation with the appropriate committees of Congress. Provides a four year transition period for nonmember banks to implement the reserve requirements imposed by this Act. Extends a similar transition period to member banks in meeting requirements that exceed those in effect immediately prior to July 1, 1979. Requires the Board to implement the reserve requirements imposed by this Act for member banks within two years. Requires that reserves be maintained in the form of balances at a Federal Reserve Bank or as vault cash as determined by regulation or order of the Board, provided such requirements are identical for all banks. Permits reserve balances to be maintained by a nonmember bank in member or nonmember banks that maintain reserve balances at a Federal Reserve bank, provided such banks pass the balances to a Federal Reserve bank. Exempts such funds from reserve requirements and Federal Deposit Insurance assessments. Directs the Board to study the following: (1) the Federal funds market; (2) the long-run effects of the reserve requirements established by this Act on savings deposits at commercial banks; (3) the feasibility of permitting member banks to invest a percentage of their required reserves in United States Treasury securities; (4) the repeal of the prohibition against the payment of interest on demand deposits; (5) the feasibility of imposing reserve requirements on transaction accounts at thrift institutions; and (6) the use of savings deposits at commercial banks for transaction purposes via prearranged transfers to demand accounts. Directs the Board to prepare and publish a schedule of fees for its services and a set of pricing principles by July 1, 1979.
United States · United States Congress · 13 July 1978
Financial Institutions Regulatory Act - Title I: Supervisory Authority Over Depository Institutions - Creates civil penalties for specified insiders loans and loans to affiliates, prohibited by the Federal Reserve Act, for violations of reserve borrowing loan limits. Amends the Federal Reserve Act to prohibit member banks from making loans to insiders under specified conditions. Amends the Bank Holding Company Act of 1956 to authorize the Board of Governors of the Federal Reserve System to order the termination of control or ownership by a bank holding company of any of its nonbank subsidiaries whenever they constitute a serious risk to the financial safety of a subsidiary bank of the holding company. Amends the National Housing Act by authorizing the Federal Savings and Loan Insurance Corporation to order the termination of ownership or control of any noninsured subsidiary by a savings and loan holding company whenever there is reasonable cause to believe that continued ownership constitutes unsafe and inconsistent banking practice. Grants authority to the Federal Savings and Loan Insurance Corporation to make loans to a savings and loan association in order that it may buy the assets of a failing savings and loan institution so as to prevent the failure of such institution. Prescribes penalties for the violation of any provision of this Title. Authorizes financial regulatory agencies, including the National Credit Union Administration and the Federal Home Loan Bank Board, to initiate cease and desist actions against officers, directors, stockholders, or any person participating in the affairs of a financial institution (as well as against the institution itself as is allowed by current law) when there have been violations of laws and regulations or unsafe and unsound banking practices which are likely to seriously weaken the condition of the institution in question. Sets forth a procedure to be followed for removal of any officer or director for breach of fiduciary duty. Increases the allowable mortgage and education loans to executive officers of banks. Creates a hearing process for removal of a bank officer or director based on an indictment for or conviction of a felony. Title II: Interlocking Directors - Depository Institution Management Interlocks Act - Prohibits interlocking management and director relations between any depository institutions or depository holding companies located in the same metropolitan area. States that this prohibition applies without regard to geographical limits where such an institution has assets exceeding $1,000,000,000 and seeks an interlocking relationship with any institution with assets over $500,000,000. Delegates authority for the enforcement of this Act. Title III: Foreign Branching - Amends the Federal Deposit Insurance Act to prohibit any State nonmember insured bank from operating any foreign branch without prior written consent of the Federal Deposit Insurance Corporation (FDIC). States that when the liabilities of an insured bank for deposits are assumed by another insured bank the following shall occur: (1) the insured status of the bank whose liabilities are assumed shall terminate on the date of receipt by the FDIC of evidence of such assumption; (2) termination of separate insurance of all assumed deposits at the end of six months from the effective date; and (3) notification of such assumption by the assuming bank to each of the depositors of the assumed bank. Amends existing requirements for the reporting and assessment of deposits accumulated for the payment of personal loans when such deposits are assigned or pledged to assure the payment of such loans at maturity. Title IV: Conflicts of Interest - Depository Institutions Conflict of Interests Act - Amends the Federal Deposit Insurance Act, the Federal Reserve Act and the Federal Home Loan Bank Act to prohibit specified Presidential-appointee bank regulatory agency heads and members of such agencies from being employed for a period of two years after they leave office by institutions under their regulatory jurisdiction or with a holding company affiliate. Prohibits such individuals from appearing before the board of their respective agencies, either formally or informally, from contacting such board, directly or indirectly, orally or in writing, or from acting as agent or attorney for any other person, other than the United States, before such board for a period of two years immediately following their employment. Title V: Credit Union Restructuring - Reorganizes the National Credit Union Administration and places it under the management of the National Credit Union Administration Board. Directs the chairperson of such Board to represent the Administration in its official relations with other branches of Government. Restricts the employment and activities of Board members for a period of two years immediately following their employment. Requires each Federal credit union to pay the Administration an annual operating fee and to make annual financial reports to the Board. Title VI: Change in Bank Control Act - Amends the Federal Deposit Insurance Act to prohibit any person from acquiring any insured bank or bank holding company unless the appropriate Federal banking agency has been notified and has not issued a notice of its disapproval within a specified time period. Prescribes the procedure to be followed by any agency in making its determination to approve or deny such change of control. Title VII: Change in Savings and Loan Control Act - Amends the National Housing Act to prohibit any person from acquiring control of any federally insured savings and loan association or holding company unless the Federal Deposit Insurance Corporation has been notified and has not issued a notice of its disapproval within a specified time period. Prescribes the procedure to be followed by the Corporation in making its determination to approve or deny such change of control. Requires any insured institution to disclose any loan secured, or to be secured, by 25 percent or more of the outstanding voting stock of an insured institution to the Corporation. Prescribes civil penalties for violations of this Title. Title VIII: Correspondent Accounts - Prohibits the extension of credit to any officer, director, or specified stockholders of a bank which has a correspondent relationship with the lending bank, in its own name or in the name of another bank, unless such loan does not: (1) involve more than the normal risk of repayment; (2) include unusual terms of interest or collateral; or (3) present any other unfavorable features. Prohibits the establishment of a correspondent account where a loan already has been made to any officer, director, or specified stockholders of the bank desiring to open the account. Prescribes civil penalties for violations of this Title. Requires each executive officer and each stockholder who directly or indirectly owns, controls, or has the power to vote more than ten percent of any class of voting securities of an insured bank, to submit a written report to the board of directors of such bank for any year in which such officer or stockholder has outstanding an extension of credit from a bank which maintains a correspondent account in the name of such bank. Requires such report to include: (1) the maximum amount of indebtedness to the bank maintaining the correspondent account of such officer or stockholder and of each company, political or campaign committee which will benefit or is controlled by such officer or stockholder; (2) the maximum amount of such indebtedness as of a date not more than ten days prior to the filing of the report; (3) the range of interest rates charged on such indebtedness; and (4) the terms and conditions of such indebtedness. Requires each insured bank to compile and submit such reports to specified regulatory agencies. Title IX: Disclosure of Material Facts - Amends the Federal Deposit Insurance Act to list information which must be included in an annual report to be made by each insured bank to the appropriate Federal banking agency. Title X: Federal Financial Institutions Examination Council - Federal Financial Institutions Examination Council Act - Establishes a Financial Institutions Examinations Council to prescribe uniform principles and standards for the Federal examination of financial institutions. Defines the term "financial institution" to mean: (1) a commercial bank; (2) a savings bank; (3) a trust company; (4) a savings and loan association; (5) a building and loan association; (6) a homestead association; (7) a cooperative bank; and (8) a credit union. Directs that one-fifth of the operating costs of the Council be paid by each of the Federal financial institution regulatory agencies. Directs the Council to make recommendations for uniformity in other supervisory matters, including classification of loans subject to risk and identification of financial institutions in need of special supervisory attention. Requires the Council to establish a liaison committee composed of five representatives of State supervisory agencies in order to encourage the application of uniform examination principles and standards by State and Federal Supervisory agencies. Title XI: Right to Financial Privacy - Right to Financial Privacy Act - Prohibits any Government authority from obtaining copies of, access to, or the information contained in, the financial records of any customer from a financial institution unless such records are reasonably described and: (1) such customer has authorized such disclosure in accordance with this Act; (2) such records are disclosed in response to an administrative subpena or summons; (3) such records are disclosed in response to a court order; (4) such records are disclosed in response to a judicial subpena; or (5) such financial records are disclosed in response to a formal written request meeting specified requirements. Requires in all cases that the customer be notified of the agency seeking such records, the purpose for which such records are sought, and the rights of customers under this Act. Establishes specific conditions and procedures for the delay of notice to a customer. States that no financial institution may provide to a Government authority copies of or the information contained in the financial records of any customer except in accordance with the requirements of this Act. Sets forth provisions governing customer authorization, administrative subpenas and summonses, judicial subpenas, and search warrants. Establishes procedures for a customer to challenge the disclosure of financial records. Provides exceptions to the provisions of this Act and special procedures for the disclosure of records to the Secret Service and government authorities acting in the field of foreign intelligence. Establishes civil penalties and the right to injunctive relief without regard to the amount in controversy for violation of the provisions of this Title. Establishes conditions on the use of financial records about a customer obtained under the authority of a Federal grand jury. Title XII: Charters for Thrift Institutions - Amends the Home Owners' Loan Act to authorize the Home Loan Bank Board to provide for the organization, chartering operation, and regulation of associations to be known as Federal Savings and Loan Associations or Federal mutual savings banks. Subjects converting mutual savings banks to the requirements of existing State law pertaining to discrimination in the extension of home mortgage loans if the State requirements are more stringent than Federal laws and regulations. Establishes a five year shared risk program in the event that a converting insititution fails. Title XIII: Holding Companies - Amends the Bank Holding Company Act of 1956 to prohibit a bank holding company from providing insurance as a principal, agent, or broker except: (1) where the insurance is to secure a credit transaction; (2) where the insurance is sold in a community with a population of less than 5,000 or that has no other adequate insurance agency facilities; (3) where the insurance is sold by a bank holding company or its affiliate lawfully engaged in insurance activities prior to June 6, 1978; or (4) where the bank holding company engaged in insurance activities has assets of $50,000,000 or less. Title XIV: Amendments to the National Banking Laws - Makes changes with respect to the following: (1) the power of national banks to purchase, hold, and convey real property; (2) the trust powers of national banks; (3) the emergency restrictions on Federal Reserve banks; and (4) examination of foreign operations of State member banks. Allows an individual who holds the required number of shares in a company that controls a banking association to serve as a director of that association. Permits a banking association to purchase shares of stock in a State chartered bank insured by the Federal Deposit Insurance Corporation if the stock of such bank is owned exclusively by other banks and if such bank is exclusively engaged in providing banking services for other banks, their officers, directors or employees. Limits the total amount of such stock which may be held by an association to five percent of its capital stock and paid in unimpaired surplus. Title XV: Termination of National Bank Closed Receivership Fund - Directs the Comptroller of the Currency to disburse the liquidating dividends from national banks closed on or before January 22, 1934, held by the Comptroller in the capacity as successor to receivers of those banks. Title XVI: Transaction Accounts - Permits any depository institution chartered by the Federal Home Loan Bank Board and located in a State which authorizes State-chartered institutions insured by the Federal Savings and Loan Insurance Corporation to offer transaction accounts permitting withdrawals or transfers of account on negotiable, transferable, or nonnegotiable check, order, or authorization, as determined by the Board, to offer comparable services to the extent authorized by the Board. Authorizes the Board to allow depository institutions located in the District of Columbia to offer transaction accounts if depository institutions in Virginia and Maryland are permitted to offer such accounts. Title XVII: Financial Regulation Simplification Act - Requires the Federal financial regulatory agencies to establish a program which assures periodic review of existing regulations to insure that: (1) the need for and purposes of a regulation are clearly established; (2) timely participation is available to the public, financial institutions, and other Federal, State and local agencies; (3) alternatives to the promulgation of regulations are considered; (4) compliance costs, paperwork and other problems are minimized; and (5) conflicts, inconsistencies and duplication between the regulations of Federal agencies are avoided. Terminates this Title five years after its effective date. Title XVIII: Alternative Mortgage Instruments - Permits federally chartered savings and loan associations to offer alternative mortgage instruments where State law, rules, or regulations, allow State chartered savings and loan associations to offer such instruments. Tile XIX: Prohibition on Credit Card Surcharges - Repeals the prohibition on the imposition of surcharges for payment by credit card in sales transactions. Title XX: Effective Date - Sets forth the effective date for this Act.
![Official portrait of Rep. Wylie, Chalmers P. [R-OH-15]](https://www.congress.gov/img/member/w000781_200.jpg)