United States · United States Congress · 16 May 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 May 1979
Amends the Clean Air Act and the Clean Air Act Amendments of 1977 to delay for one year certain provisions relating to areas which fail to meet national ambient air quality standards.
United States · United States Congress · 10 May 1979
Amends the Saccharin Study and Labeling Act to extend from 18 months to 54 months after the date of enactment the period during which the Secretary of Health, Education, and Welfare may not take specified actions to restrict the continued use of saccharin or of any food, drug, or cosmetic containing saccharin.
United States · United States Congress · 7 May 1979
Amends the Internal Revenue Code to make permanent the special tax treatment of church agency pension plans as qualified church plans. Provides that plans maintained by groups or associations of churches include individuals "substantially all" of whom are qualified beneficiaries. Allows such plans to retain accrued benefits, according to their terms, or to continue receiving contributions for up to five years for separated employees. Allows any plan which is determined to have failed to meet church plan requirements a grace period of 270 days, or any other period specified by the Secretary of the Treasury or a court in an adjudication of such an issue, to bring itself into compliance without becoming disqualified. Applies these provisions retroactively to 1974.
United States · United States Congress · 7 May 1979
Amends the Internal Revenue Code to provide that, for purposes of computing the allowable retirement plan exclusion and employer contributions allowance for church employees, all years of service for a church, church association, or an agency for such churches, shall be considered employment for one employer. Extends to church employees the same option presently enjoyed by employees of tax-exempt health and education organizations to elect alternative exclusion allowances for contributions to annuity contracts. Provides a minimum $10,000 allowance for annual additions to these contracts without regard to the amount of the employee's compensation.
United States · United States Congress · 7 May 1979
Amends the Employee Retirement Income Security Act to make permanent the special tax treatment of church agency pension plans as qualified church plans. Provides that plans maintained by groups or associations of churches include individuals "substantially all" of whom are qualified beneficiaries. Allows such plans to retain accrued benefits, according to their terms, or to continue receiving contributions for up to five years for separated employees. Allows any plan which is determined to have failed to meet church plan requirements a grace period of 270 days, or any other period specified by the Secretary of the Treasury or a court in an adjudication of such an issue, to bring itself into compliance without becoming disqualified. Applies these provisions retroactively to 1974.
United States · United States Congress · 1 May 1979
Tuition Tax Assistance Act of 1979 - Amends the Internal Revenue Code to allow individual taxpayers an income tax credit for 50 percent of the private, nonprofit elementary and secondary school tuition paid by the taxpayer, his spouse, or any of his dependents. Limits the dollar amount of such credit to $250. Treats tuition payments as paid for any calendar year 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 "tuition" as amounts paid for the enrollment or attendance of a student at an elementary or secondary school, including required fees for courses. Excludes from such definition books, supplies, or equipment for courses of instruction, meals, lodging, transportation, or similar personal, living, or family expenses. Denies the credit to a taxpayer who is a dependent of another taxpayer. 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. 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 or State educational assistance.
United States · United States Congress · 1 May 1979
Establishes a National Agricultural Cost of Production Board to review, and advise the Secretary of Agriculture concerning, the adequacy and accuracy of the cost-of-production formulas used by the Department of Agriculture in connection with the administration of its price support programs.
United States · United States Congress · 30 April 1979
Amends the Internal Revenue Code to permit the waiver of interest charges on overdue income taxes in the case of any taxpayer who resides in a federally-designated disaster area and who establishes to the satisfaction of the Secretary of the Treasury that late payment of such taxes is due to the disaster.
United States · United States Congress · 25 April 1979
Permits any use, including aerial application, of the pesticide mirex on fire ants or imported fire ants during the calendar years 1979 and 1980, notwithstanding provisions of the Federal Insecticide, Fungicide, and Rodenticide Act to the contrary. Subjects such use to Environmental Protection Agency restrictions in effect on October 1, 1977 (excepting only period of use restrictions). Prohibits the Agency from altering the terms of any such restrictions.
United States · United States Congress · 23 April 1979
Amends the Agricultural Adjustment Act of 1938 to authorize a waiver or reduction in the amount of any penalty imposed for a particular violation of a marketing quota for the 1978 through 1981 crops of peanuts, if such violation was unintentional or inadvertent.
United States · United States Congress · 10 April 1979
Amends the National Environmental Policy Act of 1969 to require that actions for judicial review of any final detailed environmental impact statement be filed in a court of competent jurisdiction within a statute of limitations of 180 days after the date on which such final statement is published in the Federal Register.
United States · United States Congress · 9 April 1979
Exempts the Toledo Bend Dam and Reservoir project from annual payments to the United States for the use of lands within the Sabine National Forest, Texas, in consideration of the joint development by Texas and Louisiana of an energy source from such project.
United States · United States Congress · 5 April 1979
Interstate Land Sales Full Disclosure Act Amendments of 1979 - Revises specified requirements concerning the sale or lease of lots located within a municipality or county under the Interstate Land Sales Full Disclosure Act. Requires that a title insurance binder or title opinion be presented to the purchaser prior to the time of closing. Exempts the following transactions from the terms of the Interstate Land Sales Full Disclosure Act: (1) sale or lease of real estate by a developer who is engaged in a sales operation which is intrastate in nature, and (2) the sale or lease of real estate by a developer who has fulfilled specified conditions to the resident of another State when the principal residence of the purchaser is within a radius of 100 miles from the property. Directs the Secretary of Housing and Urban Development to conduct all actions brought under the Interstate Land Sales Full Disclosure Act in accordance with the Administrative Procedure Act.
United States · United States Congress · 5 April 1979
Expresses the sense of the Senate that if depository institutions are permitted to offer market-sensitive rates of return on savings instruments, such institutions should be able to offer mortgage loans which may vary to reflect fluctuations in market interest rates and conditions.
United States · United States Congress · 4 April 1979
Amends the Internal Revenue Code to permit the waiver of residency requirements for individuals residing in a foreign country who claim income tax deductions for living expenses incurred in such country, if such individuals are prevented from conducting normal business in such country due to war, civil unrest, or similar adverse conditions, and such individuals prove to the satisfaction of the Secretary of the Treasury that they would have met such residency requirements under normal conditions.
United States · United States Congress · 4 April 1979
Earth Resources Information Corporation Act of 1979 - Title I: Short Title, Declaration of Policy, and Definitions - Declares that it is the policy of the United States to establish a commercial earth resources information service to disseminate timely, continuous and reliable earth resources information. Title II: Implementation of Policy - Directs the President to: (1) aid in the planning, development, and review of the information service; (2) coordinate Government agency activities in the field of earth resources information; and (3) take necessary steps to insure that every Federal entity utilizes the information service. Directs the National Aeronautics and Space Administration to advise the Federal Communications Commission (FCC) on technical aspects of the information service and to assist and cooperate with the Earth Resources Information Corporation established by this Act in developing the information service. Specifies the duties of the FCC with respect to the information service, including the insurance of fair competition and standards of quality in the earth resources information service. Title III: Creation of an Earth Resources Information Corporation - Establishes an Earth Resources Information Corporation for profit which is not an agency or establishment of the United States. Authorizes the Corporation to plan, initiate, construct, own, manage, and operate a commercial earth resources information service. Enumerates other functions of the Corporation, including ownership and operation of earth resources satellites, receiving stations and information distribution centers. Title IV: Miscellaneous - Directs the Corporation to notify the Department of State when entering into business negotiations with any international or foreign entity. Prohibits any person, other than through official channels, from selling or disclosing to any other person any earth resources information which is compiled by the Corporation. Prescribes sanctions, including equitable relief, for actions by the Corporation which are inconsistent with the policies set forth in this Act. Directs the President to transmit to Congress each January a description of activities and accomplishments for the preceding year. Requires the Corporation to make annual reports to the President and Congress concerning its operations, activities, and accomplishments. Directs the FCC to transmit annually to Congress: (1) a report of its actions on anticompetitive practices as they apply to such service; (2) an evaluation of such actions with a view to recommending additional legislation; and (3) an evaluation of the capital structure of the Corporation.
United States · United States Congress · 27 March 1979
Hispanic Affairs Act of 1979 - Establishes the Office of Hispanic Affairs (Office) in the Executive Office of the President to: (1) advise the executive branch on appropriate actions to assure that Federal programs are providing needed assistance to Hispanic Americans; (2) advise Hispanic American groups on receiving Federal assistance; (3) establish an Hispanic information clearinghouse to disseminate information on the social and economic conditions of such individuals; and (4) evaluate Federal laws, policies, and practices concerning equal opportunities for such persons. Permits the Director of the Office to appoint advisory task forces to advise the Director on Office functions. Sets forth the powers and duties of the Director including coordinating the programs of the Offices of Hispanic Affairs established in Federal agencies. Transfers to such Office all functions, personnel, and property of the Office of Personnel Management which relate to equal employment opportunity of Hispanic individuals, as determined by the Office of Management and Budget. Requires the Director to report annually to Congress on the activities of the Office. Establishes an Office of Hispanic Affairs in each of specified agencies to insure that the policies and practices of the Federal Government provide equal opportunities for Hispanics in all areas. Authorizes the President to instruct chairpersons of the ten Federal Regional Councils established by previous Executive Order to insure that the needs of Hispanics are taken into account in decisions related to Federal assistance to State and local governments. Requires the Secretary of Commerce to insure that existing information clearinghouse functions within the Department of Commerce encompass the collection and dissemination of information concerning the social needs and conditions of Hispanics. Prohibits the use of any funds authorized to carry out this Act to influence the outcome of any Federal election or voter registration activity.
United States · United States Congress · 22 March 1979
Homeownership Opportunity Act of 1979 - Amends the National Housing Act to permit the Secretary of Housing and Urban Development to insure a graduated payment mortgage with a principal amount of up to 100 percent of the appraised value of the property involved.
United States · United States Congress · 22 March 1979
Employment Tax Act of 1979 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of social security taxation. Treats an individual as an independent contractor if such individual: (1) controls the total number of his work hours; (2) does not maintain a principal place of business, or if he does, such place of business is not provided, or provided rent-free, by the person for whom such individual performs services; (3) has substantial investment in his business and earns income based upon sales or output rather than upon number of hours worked; and (4) performs services pursuant to a written contract and is provided written notice of his responsibility with respect to income and self-employment taxes. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide coverage for service performed by an individual who qualifies as an independent contractor under the standards established by this Act.
United States · United States Congress · 22 March 1979
Amends the Soil Conservation and Domestic Allotment Act to extend the period wherein the Secretary of Agriculture may enter into contracts for the conservation of soil in the Great Plains conservation program. Limits the total payments under this program to $50,000,000 per program year.
United States · United States Congress · 21 March 1979
Title I: Water Resources Development - Directs the Secretary of the Army, through the Chief of Engineers, to make the following studies and surveys: (1) flood control of certain Mississippi River tributaries, Mississippi; (2) flood control of Saint Francis Lake, Arkansas; (3) river regulation for the Halifax River, Florida; (4) bank stabilization of the Illinois River, Illinois; (5) erosion control of the Kuskokwim River, Alaska; (6) flood control of the Kinnickinnic River, Wisconsin; (7) siltation problems on the Mississippi River, Illinois; (8) water conservation development in the Trust Territory of the Pacific Islands and the Commonwealth of the Northern Mariana Islands; (9) streambank erosion along the Tensaw River, Alabama; (10) water storage projects in northeast Texas; (11) navigation improvements to Buffalo Harbor, New York; (12) rehabilitating the hydroelectric potential at former industrial sites; (13) shoreline erosion damage caused by regulation of Lake Superior by the International Joint Commission-United States and Canada; and (14) river and harbor ice control. Directs the Secretary, through the Chief of Engineers, to begin the design memorandum stage of advanced engineering and design of the following: (1) navigation and design of the following: (1) navigation project at Grays Harbor, Washington; (2) flood control project for the Mamaroneck and Sheldrake River Basins, New York and the Byram River, Connecticut; (3) flood control project for Harrisburg, Pennsylvania; (4) water supply project for the New York metropolitan area; (5) navigation project for the Gulfport Harbor, Mississippi; (6) navigation project for Oakland Outer Harbor, California; (7) multiple purpose improvements on the Missouri River, South Dakota, Nebraska, North Dakota, and Montana; and (8) navigation improvement project at Brazos Island Harbor, Texas. Authorizes the Secretary to proceed with the engineering and design of such projects upon findings by the Chief of Engineers that such projects are without substantial controversy and in accordance with recommended conditions. Authorizes the Secretary, through the Chief of Engineers, to carry out the following: (1) navigation project for Kodiak Harbor, Alaska; (2) navigation project for Tacoma harbor, Washington; (3) flood control project on the Agana River, Guam; (4) navigation project on the Chetco River, Oregon; (5) flood control project for the Root River Basin, Minnesota; (6) erosion control and flood protection projects for the Panama City Beaches, Florida; (7) flood control project for the Des Moines River Basin, Iowa and Minnesota; (8) flood control project on the Cazenovia Creek, New York; (9) flood control project on the Little Wood River, Idaho; (10) navigation project for Greenville Harbor, Mississippi; (11) navigation project for the Great Lakes and Saint Lawrence Seaway; (12) flood control project for the Rahway River Basin New Jersey; (13) flood control project on the Chehalis River, Washington; (14) flood control for the Bushley Bayou area, Louisiana; (15) powerhouse project for the McNary Lock and Dam, Oregon and Washington; (16) flood protection project for Wears Creek, Missouri; (17) power generating facilities for the Libby Reregulating Dam, Montana; (18) light-draft investigation project for San Francisco Harbor, California; (19) flood control project for Logan and Nelsonville, Ohio; (20) beach erosion project for Coney Island, New York; (21) flood protection for Saint Johns Bayou, New Madrid, Missouri; (22) flood control on the Johns Creek Tributary, Tennessee (23) erosion control in the Nonconnah Creek Basin, Tennessee; (24) Cleveland Harbor improvements, Ohio, (25) beach erosion control at Jekyll Island, Georgia; (26) navigation project for Savannah Harbor, Georgia; and (27) strip mining reclamation project for Cabin Creek, West Virginia. Directs the Secretary, through the Chief of Engineers, to modify the following projects: (1) Galveston Bay, Texas, flood protection project to provide payments and benefits to certain property owners; (2) Atlantic Intracoastal Waterway navigation project, Virginia and North Carolina regarding certain bridges; (3) Sandridge Dam, New York, flood control project to authorize the construction of channel improvements along Ellicott Creek; (4) Obion Creek, Kentucky, project to authorize the acquisition of woodlands for wildlife management and recreation; (5) Barbers Point Harbor, Hawaii, navigation project to require non-Federal contribution to Federal construction costs; (6) Honolulu Harbor, Hawaii, project to delete the requirement for an initial cash contribution from local interests; (7) New London, Connecticut, flood control project to credit certain costs paid by the city against the requirement for non-Federal contributions; (8) Lynnhaven Inlet and Bay, Virginia, navigation project to provide for Federal payment for specified remedial work; (9) Lower Mississippi River flood control project to authorize such measures necessary to insure the stability of the Old River Control Complex, Louisiana; (10) Wenatchee, Washington, flood control project to authorize the acquisition of lands if local interest agree to reimburse the United States; (11) Houston Ship Channel (Greens Bayou), Texas navigation project to authorize necessary dredging operations; (12) Los Esteros Lake, Pecos River, New Mexico, project to authorize certain expenditures for the recovery of cultural resource data; (13) Lucky Peak Lake, Idaho, project to provide for an increase in the diameter of the additional dam outlet; (14) South Platte River Basin, Colorado, flood control project to authorize the reassignment of a portion of the storage space in the Chatfield Lake project for joint flood control and conservation purposes; and (15) Lake Pontchartrain, Louisiana, flood protection project to authorize the construction of necessary protective features to locally constructed pumping stations. Terminates the following: (1) Trexler Lake, Pennsylvania, flood control project,; (2) a portion of the project for the Nansemond River, Virginia; (3) Helm Reservoir, Illinois, flood control project; (4) Kickapoo River, Wisconsin, flood control project; and (5) any resolution for review of any water resource report if funds have not yet been expended for such purpose. Directs the Secretary to report to Congress concerning the desirability of such studies and on a means of deauthorizing such studies. Amends the Water Resources Development Act of 1976 to authorize appropriations through fiscal year 1982. Postpones the termination date for certain certification reports. Extends the Secretary's authority to provide periodic beach nourishment. Repeals the requirement that a specified water diversion structure not conflict with the Secretary's report. Amends the Water Resources Development Act of 1974 to increase the authorized appropriation for the streambank erosion prevention and control demonstration program. Authorizes the Secretary to provide to any person or agency, upon request technical assistance to retard streambank erosion. Extends the national shoreline erosion control development and demonstration program. Increases the authorization of appropriations for dam repair on the Big Sandy River, Kentucky and West Virginia. Authorizes the Secretary to maintain a clear channel on the Little Calumet River, Illinois, with non-Federal interests paying a portion of the costs of such maintenance. Provides for a modification of the agreement with Saint Bernard Parish, Louisiana, concerning installment payments on the Lake Pontchartrain hurricane-flood protection project. Increases the authorization of appropriations for streambank protection works for Boone County, Kentucky. Increases the authorization of appropriations for the Big South Fork National River and Recreation Area in Kentucky and Tennessee. Amends the River and Harbor Act of 1970 to extend the time for submitting reports to Congress on the Great Lakes and Saint Lawrence Seaway navigation season extension. Increases the authorization of appropriations for such purposes. Requires non-Federal interests to contribute a portion of the costs of maintaining a clear channel on the North Branch of the Chicago River, Illinois. Amends the Flood Control Act of 1970 to delete the requirement for written agreements with non-Federal interests concerning reimbursement of costs. Permits States to repay the costs of water supply storage through revenues received by the State from the sale of such water. Amends the River and Harbor Act of 1960 to raise the ceiling on allotments for any single small river and harbor improvement project. Amends the River and Harbor Act of 1958 to increase the authorization of appropriations for the control of aquatic plant growths. Authorizes the replacement and expansion of the existing industrial canal lock and connecting channels in the vicinity of Meraux, Louisiana. Amends the Flood Control Act of 1954 to authorize the Secretary to provide technical assistance to States for removing obstructions and clearing channels. Increases the ceiling for allotments to any single shore protection project. Amends the Flood Control Act of 1946 to provide that the conservation storage capacity of the Belton Reservoir, Texas, be available for water supply as well as irrigation. Amends the Flood Control Act of 1941 to authorize the Secretary to use a flood emergency fund to control lava flow. Makes killing a civilian employee of the Corps of Engineers a Federal crime. Directs the Secretary to establish a Tennessee-Tombigbee Human Resource Center to monitor and assist minority employment on the Tennessee-Tombigbee Waterway project, Tennessee, Alabama, and Mississippi. Repeals the provision in the Water Resources Development Act of 1976 concerning minority hiring. Authorizes the Secretary as a part of water resource development projects to: (1) implement the plan for land replacement for the Trimble Wildlife Area, Missouri; (2) modify such projects for mitigation of damages to fish and wildlife; (3) preserve historic properties located on such projects; and (4) acquire real property to be used for public works and recreation purposes as a part of such projects. Directs the Secretary of Transportation to compile a list of bridges over the navigable waters of the United States constructed or removed. Directs the Secretary of the Army to compile laws relating to water resource development. Modifies: (1) the contract with Illinois concerning payments for use of storage space for water supply in Rend Lake and (2) financing of the sand bypassing facility authorized as part of the Santa Cruz Harbor, California, navigation project. Declares: (1) portions of the Trent River, North Carolina, to be nonnavigable and (2) the Port of Houston Authority bridge over Greens Bayou, to be a lawful bridge. Directs the Secretary to construct flood control measures on portions of the Big Sandy River, Kentucky, Virginia, and West Virginia, and the Cumberland River, Kentucky. Directs Federal agencies granting hydroelectric power licenses to simplify and expedite such applications. Directs the Secretary to: (1) plan and make recommendations to Congress concerning construction of water supply projects to meet existing future demand, (2) renovate Federal quarters at Dalecarlia Reservoir, Washington, D.C.; (3) construct a public recreation area on the Ohio River, Indiana; (4) take authority over and assure the structural integrity of Trilby Wash Detention Basin (McMicken Dam), Arizona; (5) relocate the water supply intake facility on the Missouri River, South Dakota; (6) reimburse local interests for certain improvements to the Galveston Harbor, and Channel Texas, navigation project; and (7) design a flood control project at Milton, Pennsylvania. Title II: Hydroelectric Power Development Fund - Hydroelectric Power Development Act of 1979 - Establishes, under the Water Resources Development Act of 1976, a Hydroelectric Power Development Fund for the development of hydroelectric power generating facilities. Title III: Dam Inspection and Safety Program - Amends the national dam inspection program to exempt States with an approved dam safety program from the Secretary of the Army's national inspection program. Directs the Secretary to provide assistance to States maintaining approved assistance to States maintaining approved dams safety programs. Provides for insurance guarantees to enable dam owners to obtain liability insurance at reasonable rates. Establishes a Federal Dam Safety Review Board. Sets forth the authority of the Secretary when inspecting dams. Exempts contractors from liability beyond the amount of any contract entered into pursuant to the Act.
United States · United States Congress · 15 March 1979
Nuclear Waste Policy Act - Title I: Findings and Purpose - Declares it to be the purpose of this Act to: (1) assume Federal responsibility for acquisition and storage of spent fuel and the disposal of radioactive waste from civilian nuclear activities; (2) establish a Federal policy for the long-term storage of high-level radioactive waste; (3) authorize the Secretary of Energy to acquire or design and construct facilities for nuclear waste storage and disposal, and finance the construction, operation and maintenance of such facilities; (4) examine alternative technologies for long-term nuclear waste storage and disposal; and (5) improve the process for the siting and licensing of civilian nuclear powerplants. Title II: Interim Storage of Spent Fuel from Civilian Nuclear Powerplants - Directs the Secretary to enter into contracts which shall provide that the Federal Government will: (1) take title to spent fuel from nuclear powerplants; (2) transport and store such spent fuel in Federal facilities; and (3) ultimately dispose of waste products associated with such spent fuel. Provides for a one-time payment by such electric utility in an amount adequate to cover the proportionate costs of such transportation, storage, and disposal. Authorizes the Secretary to construct or acquire one or more facilities for the interim storage of such spent fuel. Authorizes the appropriation of $300,000,000 for fiscal year 1980 for the acquisition or construction of such interim storage facilities. Title III: Long-term Disposal of High-level Radioactive Waste Resulting from Civilian Nuclear Activities - Directs the Secretary to transmit to Congress within one year from the date of enactment a proposal for a system of facilities for the long-term storage of high-level radioactive waste resulting from civilian nuclear activities. Sets forth the scope and formulation of such proposal. Disallows the consideration by the Nuclear Regulatory Commission of any alternative to the statutorily approved site selection or the design criteria. Directs the Secretary to continue a program of research, development, and investigation of alternative technology for the long-term disposal of high-level radioactive waste and to report annually to Congress his findings and recommendations. Title IV: Financial Arrangements - Establishes in the Treasury of the United States a separate account to provide for the operation of the storage and disposal program. Permits the Secretary to borrow from the Treasury such amounts as may subsequently be provided in Appropriation Acts, but not to exceed $300,000,000. Provides for the terms and repayment of such borrowings. Title V: Civilian Nuclear Powerplant Siting - Amends the Atomic Energy Act of 1954 to authorize the Nuclear Regulatory Commission to issue a site permit for approval of a site for one or more production or utilization facilities or approve any standardized nuclear facility design upon the application of any person, though no application for a construction permit for such a facility or facilities has been filed with the Commission. Provides that a determination made by a State agency having jurisdiction over the siting or licensing of a facility for commercial power generation or by the governing body of a nonregulated electric utility based upon the public need for additional energy or the choice of nuclear fuel over other types shall be final, conclusive and binding on the Commission if such determination was made after public hearings. Amends such Act to require the showing of good cause should the Commission deny the issuance of an operating license upon the finding that such facility has been constructed and will operate in conformity with the application, this Act, and the rules and regulations of the Commission. Amends such Act to permit the Commission to require compliance with design or construction rules or regulatory standards promulgated by the Commission subsequent to the date of docketing of the construction permit application if the Commission finds that such compliance is required substantially to improve public health and safety or the common defense and security. Provides an opportunity for a public hearing thereon. Designates the Commission as the lead agency for consideration of all applications made to the Federal Government for a license for the siting and construction of civilian nuclear powerplants. Title VI: Low Level Waste - Directs the Secretary to prepare and submit to Congress, within one year after the date of enactment of this Act, a plan which: (1) defines the disposal capacity needed; (2) evaluates and defines the transportation requirements; (3) evaluates the ability of the Department of Energy to provide interim storage; (4) estimates costs of such storage; and (5) provides for performance of additional research and development work concerning low-level waste facilities. Title VII: Definitions - Defines the terms used in this Act.
United States · United States Congress · 14 March 1979
Expresses the gratitude of the Senate upon the retirement of the Honorable Clarence M. Mitchell, Junior, as chief legislative spokesman for the National Association for the Advancement of Colored People, and for his contributions to the establishment of justice and equality in America.
United States · United States Congress · 13 March 1979
Expresses the sense of the Senate that the President should withdraw the standby gasoline rationing plan submitted to Congress on March 1, 1979, and resubmit an amended plan to remedy interstate inequities with regard to gasoline rationing coupon distribution.
United States · United States Congress · 12 March 1979
Amends the Federal Mine Safety and Health Amendments Act of 1977 to provide that the provisions of such Act shall not apply to stone mining or sand and gravel mining operations.
United States · United States Congress · 8 March 1979
Soft Drink Interbrand Competition Act - Declares that exclusive territorial arrangements made as a part of a licensing agreement for the manufacture, distribution, or sale of a trademarked soft drink product are lawful under the antitrust law provided such product is in substantial and effective competition with other products for the same general class in the relevant market or markets. Prohibits recovery in private actions under the Clayton Act based on territorial provisions in a trademark licensing agreement prior to a final determination that such provisions are unlawful.
United States · United States Congress · 8 March 1979
Amends the Urban Mass Transportation Act of 1964 to repeal the provision which requires the Secretary of Transportation to insure that laborers and mechanics performing construction work financed pursuant to such Act are paid wages at rates not less than those prevailing at similar construction sites in the same locality.
United States · United States Congress · 5 March 1979
Nuclear Waste Transportation Safety Act of 1979 - Declares it the policy of Congress that the Department of Transportation, in consultation with the Nuclear Regulatory Commission (NRC), has principal responsibility for the transportation of nuclear waste and radioactive commercial spent fuel. Amends the Hazardous Materials Transportation Act to define the terms used in such Act. Designates commercial spent fuel and transuranic waste in quantities greater than one kilogram as hazardous material. Sets forth the responsibilities of the Secretary of Transportation concerning nuclear materials transportation. Directs the Secretary, in consultation with the NRC, to formulate and send to Congress a national emergency response plan to deal with emergency situations that may occur during the shipment of radioactive material. Authorizes the Secretary to provide grants to any State to assist it in conducting a review of the safety and logistics of shipment associated with any proposal to develop a long-term storage or disposal facility which would result in nuclear waste or commercial spent fuel being shipped within the State. Limits grants to $50,000. Sets forth notification procedures for the acceptance of nuclear waste or commercial spent fuel from any non-domestic source. Requires the annual report on the transportation of hazardous materials to include the following items relating to radioactive materials: (1) a review of shipment safety requirements; (2) a compilation of data to aid in risk assessment; (3) recommendations for Federal routing guidelines or requirements; and (4) an assessment of the Nation's inventory of containers, packages, and vehicles suitable for the shipment of nuclear waste or commercial spent fuel.
United States · United States Congress · 5 March 1979
Amends the Federal Meat Inspection Act to exempt from pre-slaughter animal examination and post mortem carcass inspection requirements all meat food products processed by a federally inspected establishment and derived from meat which has been slaughtered or processed at a State-inspected establishment in a State whose meat inspection requirements have been determined by the Secretary to be at least equal to the Federal requirements.
United States · United States Congress · 21 February 1979
Regulatory Reform Act - Requires the President to submit to Congress a plan recommending reforms with respect to the regulation of: (1) energy, the environment, housing, and occupational health and safety by specified Federal agencies by April 30, 1981; (2) transportation and communications by specified Federal agencies by April 30, 1983; (3) banking and finance, international trade, and Government procurement by specified Federal agencies by April 30, 1985; and (4) food, consumer health and safety, economic trade practices, and labor-management concerns by specified Federal agencies by April 30, 1987. States that each such plan shall include recommendations for reform of such specified agencies and shall report on the cumulative impact of all Government regulatory activity reviewed, up to that date, on specific industry groupings. States that if the President fails to submit such plans by the specified dates, the House Committee on Government Operations or the Senate Committee on Governmental Affairs in cooperation with the committees of Congress which have legislative jurisdiction over such areas, shall draft their own plans to be submitted to Congress for action. Requires the Comptroller General and the Congressional Budget Office, contemporaneously with the development of the President's plan, to submit a report assessing the purpose, effects, efficiency, and cost effectiveness of each agency included in the plans submitted by the President. States that if no comprehensive regulatory reform legislation is enacted by August 1 of the year following the year in which a comprehensive plan has been submitted by the President, then all agencies affected thereby shall have no authority to issue any new rules not essential for preserving the public health and safety; if such reform is not enacted by October 1 of such year, such agency shall have no authority to enforce any rule not essential for preserving the public health and safety; if no such reform is enacted by December 31 of such year, such agency shall be terminated on such date. States that all rules of such terminated agency essential for preserving the public health and safety shall remain effective and shall be enforced by the Department of Justice. Requires the President to submit subsequent plans in the manner and in the order and frequency set forth by this Act every ten years.
United States · United States Congress · 9 February 1979
Department of Defense Supplemental Appropriation Authorization Act, 1979 - Title I: Procurement - Authorizes additional appropriations in specified amounts for use by the Air Force, Navy, and Army in fiscal year 1979 for the procurement of aircraft, missiles, naval vessels, and other weapons. Authorizes the Department of Defense to implement until concluded the Multilateral Memorandum of Understanding Between NATO Ministers of Defense on the NATO E-3A Cooperative Programme. Authorizes the Department to make a commitment to the North Atlantic Treaty Organization for the United States share of estimated termination liability. Title II: Research, Development, Test, and Evaluation - Authorizes additional appropriations for use during fiscal year 1979 by the Army, Navy, Air Force, and Defense Agencies, for research, development, test, and evaluation.
United States · United States Congress · 8 February 1979
Amends the Credit Control Act to require the President, before authorizing the Board of Governors of the Federal Reserve System to regulate and control extensions of credit, to first report to Congress and receive congressional approval expressed in a concurrent resolution on such authorization.
United States · United States Congress · 7 February 1979
Robert A. Taft Institute of Government Trust Fund Act - Establishes in the United States Treasury the Robert A. Taft Institute Trust Fund. Authorizes the Commissioner of Education to make grants from such fund to develop the Robert A. Taft Institute of Government, New York, New York. Authorizes the Secretary of the Treasury to invest portions of the Fund not required to meet current withdrawals. Appropriates $15,000,000 to the Fund.
United States · United States Congress · 6 February 1979
Federal Reserve Modernization Act of 1979 - Amends the Federal Reserve Act to authorize the Board of Governors of the Federal Reserve System to require any depository institution to make such reports of its assets and liabilities as the Board determines are necessary to control monetary and credit aggregates. Establishes reserve requirements for member banks against their demand and savings deposits, and time deposits of less than 180 days in maturity. Exempts time deposits with initial maturities of more than 180 days from reserve requirements. Requires reserve ratios to be uniform among all member banks, removing the different reserve ratios for member banks not in reserve cities. Permits any nonmember depository institution to maintain reserves at a Federal Reserve bank provided such institution complies with such reserve standards. Prohibits nonmember institutions, not maintaining reserves, from receiving Federal Reserve bank services. Requires any member or nonmember institution maintaining reserves to do so in the form of balances maintained at a Federal Reserve bank and in the currency and coin held by such institution. Permits any such institution to hold an amount equal to its total reserves less its vault cash in an Earnings Participation Account at a Federal Reserve bank. States such accounts shall earn interest at a rate one-half percent below the average rate earned on the securities portfolio of the Federal Reserve System during the calendar quarter immediately preceding the interest payment date. Authorizes the Board to promulgate regulations relating to the maintenance and administration of Earnings Participation Accounts. Directs the Board to implement the provisions of this Act within four years of its effective date.
United States · United States Congress · 6 February 1979
Expresses the sense of the Congress opposing promulgation by the President of specific, numerical wage, price, or other general economic stabilization standards which are enforced by the direct or implied threat of administrative actions or decisions under specified laws.
United States · United States Congress · 1 February 1979
Expresses the disapproval of the Senate with respect to the Secretary of Transportation's recommendations designating the basic route system for the National Railroad Passenger Corporation which were submitted to the Congress on January 31, 1979.
United States · United States Congress · 31 January 1979
Reform of Federal Regulation Act of 1979 - Title I: The Analysis, Planning and Management of Regulatory Functions - Requires each Federal agency to publish for each proposed major rule, as such rule is defined in this Act, an initial regulatory analysis which describes the need for the rule, at least two available alternative approaches, and a description of the economic and social effects of the proposed rule and alternatives. Requires that each agency publish for each adopted major rule a final regulatory analysis which includes a summary of public comments received on the initial analysis, and a justification of the selection of the final rule. Requires the Director of the Congressional Budget Office (CBO) to review and report to Congress on the agency actions to implement this Title. Directs each agency to: (1) report annually to Congress and the public on its regulatory agenda and priorities for the current fiscal year; and (2) include in the announcement of a rulemaking or adjudication the date by which the agency intends to complete such proceeding. Requires each agency to report annually to the Administrative Conference of the U.S., the Congress, and the public on its regulatory activities of the past fiscal year. Stipulates that such report include: (1) the number of agency proceedings which the agency failed to complete by the established deadline and the reasons for such failure; and (2) any changes the agency made to improve its regulatory actions. Directs each regulatory agency to establish an office to be responsible for regulatory planning and management. Requires any independent regulatory commission to submit any budget information or legislative recommendation to Congress concurrently upon submission to any officer or agency of the executive branch. Title II: Improving the Efficiency of Administrative Proceedings - Establishes a new procedure for administrative rulemaking and adjudication by United States Government agencies. States that such procedure shall apply to: (1) all adjudications; and (2) all rulemaking or licensing proceedings required by statute to be determined on the record after opportunity for an agency hearing except proceedings to withdraw, suspend, revoke, or annul a license. Provides two levels for the conduct of proceedings subject to this Act, a "general hearing process" and a "formal hearing" for the resolution of matters determined during the general hearing to involve general and substantial issues of fact which cannot be resolved at the general hearing and upon which the decision of the agency is likely to depend. Requires, for the general hearing process, the conduct of a hearing to afford parties an opportunity to submit written data, and, at the request of any party, an opportunity for oral argument. Enumerates the powers of the presiding employee at a general hearing. Authorizes such employee to cross-examine witnesses and to request the agency to consider and act on interlocutory appeals when action on such appeals would expedite final agency action. Directs the employee to: (1) oversee the expeditious completion of such hearing; and (2) provide a concise record of the important matters of the proceeding. States that no person who participates in the decision making of any proceeding or in a board or agency review of such decision may: (1) make ex parte communications; or (2) be responsible to or subject to the supervision of an employee or agent performing investigative or litigating functions for the agency. Allows an agency to prohibit an individual from appearing at a proceeding if the individual engages in unethical conduct or deliberate dilatory tactics. Authorizes an agency to subpoena any person or evidence as necessary. Sets forth the judicial procedure and civil penalty for persons who fail to comply with a subpoena. Requires each agency to maintain a public file of significant material concerning the major stages of a proceeding. Authorizes the presiding employee at a formal hearing to: (1) rule on offers of proof and receive relevant evidence; (2) require written testimony and arguments when oral testimony is not required; and (3) upon request, to issue a decision prior to completion of the hearing if there is no substantial dispute of fact. Authorizes each agency to establish employee boards to review the decisions of presiding employees. Directs each agency to specify the conditions under which it will accept an appeal of the decision of such a board, and specifies the conditions which enable an agency to review such a decision. Requires the Office of Personnel Management to test, register, and certify eligible candidates for the position of administrative law judge (hereinafter referred to as "judge"). Authorizes each agency to appoint a judge from the list of certified candidates. Directs the Administrator of the Administrative Conference of the U.S. to: (1) establish a performance appraisal system for evaluating judges at least once every ten years; and (2) establish performance and evaluation review boards to assist in setting up the appraisal system and in evaluating judges. Directs the Administrator to evaluate each judge before the expiration of the judge's ten-year term, and to make a recommendation on the reappointment of the judge. Requires each agency to reappoint a judge if the Administrator so recommends. Directs the Merit Systems Protection Board to remove, downgrade, or suspend a judge whose performance is found to be unacceptable. Provides for the transfer and reassignment of judges by the Administrator. Requires the President to nominate members of independent regulatory commissions by reason of their training and experience, and to appoint the chairman of each commission with the advice and consent of the Senate. Directs each agency to issue rules to implement this title within 150 days. Title III: Agency Review of Rules - Direct each agency to review annually one or more of its rules to determine whether continuation or amendment of the rule is in the public interest. Sets forth guidelines the agency should consider in selecting rules to review. Requires each agency to: (1) publish an agenda and the procedure for reviewing one or more rule every five years; (2) provide an opportunity for public comment on such rule; and (3) report the results of each review to Congress and the public. Requires the Director of the CBO to review the agency reports and oversee implementation of this Title. Title IV: Administrative Conference of the United States - Reorganizes the Administrative Conference. Makes the head of the Conference the Administrator who shall be appointed by the President with the advice and consent of the Senate for a four-year term. Grants the Administrator authority to appoint officers and employees and to prescribe their powers and duties as necessary. Sets forth the functions of the Conference which include: (1) studying and making recommendations on the adequacy of administrative procedures used by agencies to carry out regulatory functions; (2) monitoring agency compliance with such laws as the Freedom of Information Act and the Administrative Procedure Act; (3) compensating persons for the cost of participating in agency proceedings in certain cases; and (4) evaluating the performance of administrative law judges. Directs the Conference to submit an analysis of agency reports on regulatory activities to Congress, and to report to Congress on a study of providing incentives to participants to expedite agency proceedings. Establishes an Advisory Commission within the Conference.
United States · United States Congress · 31 January 1979
Equal Access to Justice Act - Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication, or (2) in any civil action (other than a tort or tax action) brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law exceptions to the "American rule" regarding attorney fee awards). Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions.
United States · United States Congress · 31 January 1979
Regulatory Flexibility Act - Requires Federal agencies to include the following information in the general notice of a proposed rule: (1) the goals and purpose of the rule; (2) the estimated number of individuals, businesses, organizations, and governmental jurisdictions affected by the rule; (3) a statement that the agency seeks alternative proposals which could achieve the goal of the proposed rule at a lower cost to individuals, small businesses, small organizations, and small governmental jurisdictions; and (4) a list of the measures necessary for compliance with any reporting requirement affecting more than ten persons. Requires Federal agencies to accept and consider alternative proposals to a proposed rule and to publish those proposals with justification of the selection of the final rule. Defines a small business, small organization, small governmental jurisdiction, and an individual as used in this Act. Directs each agency to publish a plan for reviewing its rules within 180 days after enactment of this Act. Requires each agency to determine whether such rules are efficiently achieving the goals of the implementing legislation. Directs the agency to publish annually a list of the rules to be issued and reviewed during the next year.
United States · United States Congress · 31 January 1979
Repeals provisions of specified Acts which require compliance with the labor standards of the Davis-Bacon Act in housing and community development programs.
United States · United States Congress · 29 January 1979
Authorizes the appointment of an Assistant Secretary of Labor for Veterans' Employment to head the Department of Labor's, Veterans' Employment Service in place of the existing Deputy Assistant Secretary of Labor for Veterans' Employment.