United States · United States Congress · 23 January 1980
Expresses the sense of Congress to condemn Soviet actions taken against Andrei Sakharov which further show the lack of the Soviet Union's fitness to host the Olympics.
United States · United States Congress · 22 January 1980
Urges: (1) the U.S. Olympic Committee to propose the transfer or cancellation of the 1980 summer Olympic games; (2) the International Olympic Committee (IOC) to adopt such proposal; and (3) the U.S. Olympic committee and other nations' Olympic committees to not participate in such summer games, if the IOC rejects such proposal, and conduct alternative games.
United States · United States Congress · 22 January 1980
Expresses the sense of Congress that the President should call upon the International Olympic Committee to relocate the 1980 summer Olympic games outside of the Soviet Union.
United States · United States Congress · 20 December 1979
Provides for an exemption from the windfall profits tax for independent oil producers for an amount equal to 1,000 barrels of crude oil multiplied by the number of days in the taxable period.
United States · United States Congress · 20 December 1979
Amends the Internal Revenue Code to reduce the tax effect known as the marriage penalty by permitting the deduction, without regard to whether deductions are itemized, of ten percent of the earned income of the spouse whose earned income is lower than that of the other spouse. Limits such tax deduction to $1,000.
United States · United States Congress · 20 December 1979
Expresses the sense of the Congress that the people of the United States should observe December 23, 1979, as a national day of prayer and meditation for the hostages in Iran.
United States · United States Congress · 19 December 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the Chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board: (1) to provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusivity of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. States that in the case of such a claim resolved in court, either the claimant or the attorney may challenge the award in such court within 30 days after such award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 18 December 1979
Farm Labor Contractor Registration Act Amendments - Amends the Farm Labor Contractor Registration Act of 1963 to redefine "farm labor contractor" to exclude any farmer, processor, canner, ginner, packing "farm labor contractor" to exclude any farmer, processor, canner, ginner, packing shed operator, or nurseryman who solicits migrant workers for his or her own operation (currently, such exclusion applies only if the individual "personally" solicits). Defines "incidental basis" to mean no more than 20 percent of an employee's total hours of employment during any calendar year.
United States · United States Congress · 18 December 1979
National Alcohols and Alcohol Fuel and Farm Commodity Production Act of 1979 - Amends the Rural Development Act of 1972 to authorize the Secretary of Agriculture to make: (1) direct loans (not in excess of $1,000,000 each) to certain persons, including any public, private, or cooperative organization for 90 percent of the cost of constructing alcohols and alcohol fuel plants having an annual production capacity of less than 1,000,000 gallons of alcohols and alcohol fuel; (2) guarantee payments of 90 percent of the principal and interest on private loans for the construction of such plants; and (3) sales of agricultural commodities to such persons for the production of such alcohols and alcohol fuels. Conditions the making of any direct or guaranteed loan upon the Secretary's satisfaction that the energy contained in the alcohols and alcohol fuel produced will exceed the energy contained in any petroleum, natural gas, or petroleum-based products consumed in their production. Requires the manufacturing process employed in such production to extract for utilization as human or animal food the protein content of any agricultural feedstock used in such production. Specifies the general terms for such loans and guarantees, and requires approval or disapproval of any application within 90 days after submission. Limits the cumulative total of the principal of guaranteed loans to $600,000,000 for fiscal years 1980 and 1981. Reserves 25 percent of such total for loans for plants whose construction costs are less than $5,000,000 each. Limits the cumulative total of the principal of all loans guaranteed under laws administered by the Secretary, the Commodity Credit Corporation, and the Farmers Home Administration to $1,000,000,000 for the same period. Limits the cumulative total of direct loans for the same period to $200,000,000. Terminates the loan programs authorized by this Act as of September 30, 1981. Authorizes the Secretary to enter into sales contracts with operators of such plants (for terms not to exceed five years) to supply them annual quantities of agricultural commodities from Commodity Credit Corporation stocks or from stocks purchased from domestic producers of such commodities. Requires an annual report to Congress on the administration of the direct and guaranteed loan programs, the performance of sales contracts, the production capacity and needs of the alcohols and alcohol fuel industry in the United States, and legislative recommendations. Amends the Agricultural Act of 1949, effective for the 1980 crop of feed grains, to condition participation in the price support program on agreement to sell to the Secretary after harvest not more than ten percent of the feed grains produced on a farm for the purpose of alcohols and alcohol fuel production. Directs the Secretary to study and report to Congress on the uses and marketing of the byproducts resulting from the production of alcohol fuel, including, if appropriate, a market promotion program identifying the foreign markets for such byproducts for human consumption. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary to provide educational programs for producers of agricultural commodities, forest products, wood waste residues, and other renewable resources to inform such producers of the feasibility of using such resources as energy resources. Requires the Secretary to provide such producers with technical assistance to improve their ability to use such producers efficiently as energy resources. Requires the State director of cooperative extension in each State to develop a single recommended, comprehensive and coordinated plan which includes every renewable energy resource educational and technical assistance program. Authorizes appropriations for such programs for fiscal years 1980 and 1981. Reserves at least 25 percent of the funds appropriated in any fiscal year for the production of alcohols from agricultural commodities for grants for research identifying and developing such commodities. Reserves at least another 25 percent of such funds for grants for research relating to the development of technologies for increasing the energy-efficiency and commercial feasibility of alcohol production. Requires that funds also be made available for grants for research into the development of the most economical and commercially feasible means of collecting and transporting waste residues and byproducts for use as feedstocks. Increases from $24,000,000 to $55,000,000 the ceiling on total appropriations for the period including fiscal years 1979, 1980, and 1981. Directs the Secretary to establish ten alcohol fuel production model demonstration facilities to demonstrate the most recent technologies available for producing alcohol fuel on farms. Authorizes appropriations for such demonstration facilities for fiscal years 1980 and 1981. Directs the Secretary to publish, within six months after enactment of this Act, regulations that: (1) give preference, in bulk gasoline and other motor vehicle fuel sales, to suppliers or bidders who offer gasohol in lieu of ordinary gasoline; and (2) set forth the procedures for drawing up, submitting, and receiving such bids, and for awarding contracts. Prohibits the costs of any such gasohol from exceeding 115 percent of the cost by volume of ordinary gasoline. Requires annual reports to Congress evaluating such gasohol usage program.
United States · United States Congress · 18 December 1979
Used Machinery Investment Credit Adjustment Act of 1979 - Amends the Internal Revenue Code to increase from $100,000 to $200,000 the cost of used property which is eligible for the investment tax credit.
United States · United States Congress · 14 December 1979
Product Liability Risk Retention Act of 1979 - Title I: Risk Retention Groups - Directs the Secretary of Commerce to promulgate standards for the approval of risk retention groups. Defines such groups as corporations, or other limited liability associations taxable as corporations, whose principal activity consists of assuming and spreading all or any portion of the product liability or completed operations liability risk exposure of its group participants and which are organized, under the laws of a State, for the primary purpose of conducting such activity. Sets forth factors to be included in a group's application for approval. Enumerates Standards which the Secretary must consider in approving any such group, including the amount and liquidity of its assets, soundness of its reserves, adequacy of the expertise and experience of those responsible for its management, adequacy of its loss prevention programs and those of its group participants, and failure to disclose material facts of circumstances bearing on its qualifications. Sets forth limitations on the risk coverage afforded to any one person in the group. Authorizes the Secretary to waive such limitations upon determination that the group is likely to be financially sound and capable of shifting and distributing the risks of its group participants. Directs the Secretary to issue certificates of approval to applicant groups upon determination that such groups have sound plans of operation in accordance with standards promulgated by the Secretary. Requires any refusal of approval to specify the factual conclusions and legal authority upon which it is based. Authorizes the Secretary to conduct audits of the applicant and its group participants. Authorizes the Secretary to require a group to set a maximum amount of risk which it will accept. Requires such a group's participants to obtain insurance for losses in excess of such maximum limitations. Establishes requirements for the terms of such insurance coverage. Requires all or a portion of an individual's product liability or completed operations risk exposure be assumed by the group. Prohibits a group from assuming liability for any person other than its members or its members' affiliates. Permits a group to assume liability which arises from an agreement of hold harmless or indemnity between a member and its supplier, purchaser, or consignee. Prohibits a group from making non-pro-rata assessments or retroactive adjustments based on the loss experience of a member. Sets forth requirements concerning the return of a withdrawing member's capital contribution. Prohibits such groups from acquiring reinsurance from its members or affiliates. Directs the Secretary to requires each group to maintain reserves: (1) to meet incurred losses and loss adjustment expenses; and (2) for unearned premiums paid or to be paid to the group by its group participants. Requires that such reserves be invested prudently. Requires each group to submit information on plan changes and annual reports to the Secretary. Directs the Secretary to ensure that other required reports do not constitute as undue burden upon groups. Declares that this Act shall preempt any State law relating to the formation operation, or provision of insurance-services to risk retention groups. Stipulates that this Act shall not effect the authority of a State to tax risk retention groups. Directs the Secretary to promulgate regulations relating to claims settlement practices of such groups and to consumer protection taking into consideration State laws on such matters. Applies Federal antitrust laws to such groups. Exempts the ownership interests of such groups from the securities laws. Limits the use of information obtained pursuant to this Act. Permits the Secretary to require data concerning the product liability claims experience of such groups. Authorizes the Secretary to audit each group and to require each group to engage an independent accountant to examine its books, records, and financial statements. Requires each group to pay an application fee and annual fees to cover supervisory expenses of the Secretary. Authorizes the Secretary to revoke the certificate of approval of a risk retention group. Enumerates circumstances in which such authority may be exercised. Requires that all hearings to revoke a group's certificate of approval be held in the District of Columbia. Empowers the United States District Court for the District of Columbia to hear appeals from orders of the Secretary issued pursuant to this Act. Title II: Group Purchase of Product Liability Insurance and Completed Operations Insurance - Exempts any group seeking to purchase liability insurance, its members, or any person who provides such insurance from any State law which restricts groups insurance or would prohibit or discriminate against the application of this Act. Title III: Miscellaneous Provisions - Declares that this Act shall not be deemed to affect State tort law. Directs the Secretary to issue rules and regulations and to take all other actions necessary or appropriate to implement this Act. Directs the Secretary to report to the appropriate committees of Congress on the implementation of this Act.
United States · United States Congress · 10 December 1979
National Forest Multiple-Use Management Act of 1980 - Specifies that lands within the National Forest System considered for wilderness designation under the Roadless Area Review and Evaluation (RARE) conducted by the Department of Agriculture, but not recommended for designation as wilderness or identified for further planning during the 96th Congress shall continue to be managed for uses other than wilderness in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974. Directs that lands within the National Forest System which have been recommended for designation as wilderness during the 96th Congress, but have not been included in the National Wilderness Preservation System prior to January 1, 1984, shall be managed beginning on such date for uses other than wilderness in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974. Directs that lands within the National Forest System which have been identified for further planning during the 96th Congress, but which have not been included in the National Wilderness Preservation System prior to January 1, 1985, shall be managed beginning on such date for uses other than wilderness. Stipulates that if: (1) an executive communication has been received by Congress recommending the designation of any such lands as wilderness prior to January 1, 1985, and such lands have not been included in the National Wilderness Preservation System prior to January 1, 1987, they shall be managed beginning January 1, 1987, for uses other than wilderness; and (2) at any time a determination is made by the Secretary of Agriculture under the Forest and Rangeland Renewable Resources Planning Act of 1974 that any such lands shall not be recommended for designation as wilderness, they shall be managed beginning on the date of such determination for uses other than wilderness in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974. Directs that lands within the National Forest System recommended for designation as primitive area during the 96th Congress, for termination and management for use other than wilderness, shall be managed after the date of enactment of this Act for uses other than wilderness in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974. Directs that lands within the National Forest System that have been recommended for designation as primitive area during the 96th, for termination and designation as wilderness, but which have not been included in the National Wilderness Preservation System prior to January 1, 1984, shall be managed beginning on such date for uses other than wilderness in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974.
United States · United States Congress · 6 December 1979
Expresses the sense of Congress that the President should establish a Federal strike force and implement a program in each Federal judicial district for the purposes of investigating and prosecuting members of outlaw motorcycle gangs who commit Federal crimes.
United States · United States Congress · 29 November 1979
Federal Agency Responsiveness Act of 1979 - States that, in a review by a court of an action of a Federal agency, there shall be no presumption that any rule or regulation of any agency is valid. Prohibits the courts of the United States and State courts from upholding the validity of a challenged rule or regulation unless such validity is established by a preponderance of the evidence shown. Provides that if any rule or regulation is set up as a defense to any criminal prosecution or action for civil penalty, such rule or regulation shall be presumed valid until the party initiating the criminal prosecution or action for civil penalty shall have sustained the burden of proof normally applicable in such actions.
United States · United States Congress · 13 November 1979
Expresses the sense of Congress that the President should terminate all military training of Iranian personnel pursuant to sales under the Arms Export Control Act.
United States · United States Congress · 9 November 1979
Sunset Review Act of 1979 - Requires the House Committee on Rules and the Senate Committee on Rules and Administration to jointly develop and maintain an inventory of all Federal programs and tax expenditures. Requires such inventory to classify all such programs and expenditures according to the jurisdiction of the various legislative committees of the two Houses. Requires the General Accounting Office, before the beginning of the 97th Congress, after consultation with the appropriate legislative committees, to submit a draft inventory to the House Committee on Rules and the Senate Committee on Rules and Administration. Requires such Committees to notify each legislative committee of the programs and tax expenditures which are classified within its jurisdiction. Allows any legislative committee to propose revisions of such inventory within 30 days after notification. Requires, after a determination that all programs and tax expenditures are accurately classified, that such inventory be published in a single document. Requires that an update be made of such inventory at the beginning of every Congress. Directs the General Accounting Office to maintain and publish a supplement to the inventory. Requires each legislative committee of the House of Representatives and the Senate, on or before March 1 in the first session of each Congress beginning with the 98th Congress, to develop, adopt, and submit to the House Committee on Rules and the Senate Committees on Rules and Administration an agenda for the sunset review of selected Federal programs within its jurisdiction or in the case of the House Committee on Ways and Means and the Senate Committee on Finance, of selected tax expenditures. Requires the committees of each House to develop their sunset review agenda in consultation with any other committee which has concurrent jurisdiction over any programs or tax expenditures involved. Prohibits either the House or the Senate from considering a primary expense resolution for any legislative committee in any Congress until that committee has developed and submitted its sunset review agenda. Requires the House Committee on Rules and the Senate Committee on Rules and Administration to incorporate such agendas into a consolidated sunset review agenda and to report such consolidated agenda to its House in the form of a concurrent resolution, within seven legislative days after all committee sunset review agendas have been submitted. Requires the consolidated sunset review agenda to be adopted in the House and in the Senate no later than March 30 in the first session of each Congress. Sets forth the procedures for adoption. Requires each committee of the House or the Senate, not later than May 15 in the second session of each Congress, to report a bill or bills modifying, continuing, or terminating each program or tax expenditure which it has been directed to review under the consolidated sunset review agenda adopted during the first session. Requires such bill to be accompanied by a report setting forth the committee's findings, recommendations, and justifications. Requires each department, agency, and instrumentality in the executive branch of the Government which is responsible for the administration of a Federal program or tax expenditure selected for sunset review to give assistance to the appropriate Congressional committees. Specifies that nothing in this Act shall affect the authority of any legislative committee to review programs or tax expenditures within its jurisdiction and to report legislation modifying, continuing, or terminating such programs or expenditures at such times and in such manner as it deems appropriate. Amends rule X of the Rules of the House of Representatives to include the consolidated sunset review agendas and the congressional inventory of Federal programs as part of the House Committee on Rules' functions.
United States · United States Congress · 7 November 1979
Amends the Immigration and Nationality Act to include within the categories of deportable aliens foreign students who knowingly participated in a political demonstration resulting in, or intending to result in, injury or damage to another's person or property. Permits the Attorney General to suspend deportation of such foreign students.
United States · United States Congress · 1 November 1979
Individual Savings and Investment Act of 1979 - Amends the Internal Revenue Code to exclude from the gross income of an individual amounts contributed to a rollover account meeting the requirements of this Act. Defines such rollover account as a trust created or organized in the United States for the exclusive benefit of an individual or his beneficiaries. Requires such a trust: (1) to accept only cash or stock or securities of a domestic corporation contributed by such individual only; (2) to be a bank or other person satisfactory to the Secretary of the Treasury; (3) to invest trust funds in stock or securities of a domestic corporation or hold them in interest-bearing bank deposits; (4) to make the interest of the individual nonforfeitable in the balance of such rollover account; (5) to permit the individual to elect, no more often than each taxable year, whether such rollover account shall be discretionary (with investment determined by the trustee) or self-directed (with investment directed by the individual). Requires the trustee of a rollover fund to establish on its books, without segregation of assets, an ordinary income fund, a capital gain fund, and a capital fund. Specifies the contents of each fund. Requires inclusion of any amount paid or distributed from the account in the individual's gross income for the taxable year in which such payment or distribution is made. Requires any such payment or distribution from the account to be treated as made: first, from the ordinary income fund; second, from the capital gain fund; and third, from the capital fund. Prohibits treatment of any payment or distribution as being made from a particular fund until the balance of any fund which precedes it in priority has been exhausted. Sets forth rules for the treatment of losses, security pledges, and transfers of account incident to divorce. Limits the number of rollover accounts which an individual may maintain to one at a time. Requires the trustee of such an account to keep appropriate records and to file annual returns with the Secretary.
United States · United States Congress · 1 November 1979
Amends the Internal Revenue Code to exclude from gross income any gain from the sale of land to the United States, a State, or a tax-exempt conservation authority to be used for fish and wildlife conservation or preservation as a natural area.
United States · United States Congress · 31 October 1979
Directs the Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, to prescribe regulations for the accounting of property issued to the Guard and the fixing of responsibility for that property. Provides that individual members of the Guard may be held liable for lost, damaged, or destroyed property if under similar circumstances active service personnel would be so liable. Stipulates that such liability shall be taken out of pay unless cancelled by the respective Secretary. Provides that a State, or territory (including the District of Columbia, Puerto Rico, and the Canal Zone) may be held liable for property lost, damaged, or destroyed incident to such jurisdictions' authorized use. Stipulates that such liability shall be paid from non-Federal funds.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 24 October 1979
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish disaster relief to alleviate the famine in Cambodia through international agencies to the extent feasible. Stipulates that priority be given to furnishing agricultural commodities under the Agricultural Trade Development and Assistance Act of 1954.
United States · United States Congress · 22 October 1979
Amends the Central Intelligence Agency Act of 1949 to authorize payment of a gratuity (equal to one year's salary at time of death) to the surviving dependents of officers or employees of the Central Intelligence Agency who die as a result of injuries sustained outside of the United States upon a determination by the Director of Central Intelligence that the death resulted from hostile or terrorist activity or occurred in connection with an intelligence activity having a substantial element of risk.
United States · United States Congress · 19 October 1979
Expresses the sense of Congress that the Soviet Union should release Ida Nudel and allow her to emigrate to Israel. Urges the President to: (1) express U.S. opposition to the exile of Ida Nudel to Siberia; and (2) inform the Soviet Union that the United States will take into account the extent to which countries honor their commitments under international law, particularly concerning human rights.
United States · United States Congress · 18 October 1979
Rural Cooperative Business Income Act of 1979 - Amends the Internal Revenue Code to provide that income received by a mutual or cooperative telephone or electric company for services to customers or rural telephone or electric companies, and income received from the rental or sale of communications or power facilities, shall not be subject to the tax on unrelated business income.
United States · United States Congress · 18 October 1979
Disapproves the deferral of budget authority for fiscal year 1980 for promoting and developing fishery products (Deferral Numbered D 80-7) as transmitted by the President to the Congress on October 5, 1979, pursuant to the Impoundment Control Act of 1974.
United States · United States Congress · 16 October 1979
Small Business Innovation Act of 1979 - Title I: Amendments to the Small Business Act - Amends the Small Business Act to empower the Small Business Administration to provide management assistance in addition to technical assistance to small business concerns to obtain government contracts for research and development. Directs the SBA to consult and cooperate with other Government agencies in furthering the purposes of the Small Business Act. Directs each Federal agency to target an increase of its research and development budget to be obligated for prime contract awards to small business concerns by at least two percent more than the percent of such awards made in the preceding fiscal year. Requires the increase to begin in fiscal year 1980 and continue until such concerns are receiving at least 20 percent of such awards. Directs each agency to fully utilize procurement methods authorized under this Act in order to achieve the target levels. Requires each Federal agency having a research and development budget of $100,000,000 or more to initiate and conduct a small business innovation research competitive solicitation program. Directs that funding for such program shall be made available from each agency's budget and that each agency, utilizing applicable procurement methods, award to small business concerns at least 50 percent of its annual target for prime contracts. Directs each agency to conduct its program in accordance with such rules and regulations as are established by the SBA, including: (1) identifying specific and definable categories of projects; (2) establishing a simplified, standardized acquisition process; and (3) developing solicitation release schedules for notifying small business of contract opportunities. Requires the SBA to develop and maintain a master solicitation release schedule, source file, and informational program to facilitate small business participation in federally funded research and development. Directs the National Science Foundation and the Office of Federal Procurement Policy to provide advice and assistance to the SBA in the promulgation of such regulations. Requires the Administrator of the Office of Federal Procurement Policy, in cooperation with the SBA, to insure that such regulations provide the maximum practicable opportunity for small business concerns to perform federally funded research and development contracts. Provides that such regulations shall include: (1) the elimination of cost-sharing requirements and the allowance of negotiated fees on all contracts; (2) the opportunity for fair and equitable competition for contract awards; (3) a fair and prompt review of unsolicited proposals and the opportunity to receive sole source awards; (4) the consideration of independent research and development and bid and proposal costs as expenses under the contract in the fiscal year in which they occur; (5) the requirement for the Departments of Defense and Energy and the National Aeronautics and Space Administration to conduct periodic breakout reviews of all proposed large-scale systems contracts; (6) the opportunity for women-owned and minority business firms to be considered for research and development contracts; (7) the evaluation of procurement personnel performance in the award of contracts to small and minority business concerns; and (8) the responsibility to identify, study, and eliminate discrimination practices in procurement systems. Requires all Federal agencies to promulgate regulations which, insofar as practicable, impose the least amount of regulatory burden on small businesses. Directs the Securities and Exchange Commission to conduct an annual review of its rules and regulations which have the effect of restricting small business concerns from access to securities markets and to report to the appropriate congressional committees relative to the results of such review. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to provide procedures for sales and exchanges of interests in qualified small business concerns. Allows a taxpayer who sells an equity interest in any such business and purchases replacement property within 18 months, to elect that the gain from such sale be recognized to the extent that the amount realized exceeds the costs of the replacement property. Requires that such election be filed with the Secretary of the Treasury in such manner as the Secretary may prescribe. Requires, for purposes of this Act, that an exchange of equity interest shall be treated as a sale of such interest and the acquisition of replacement property on such exchange shall be treated as a purchase of such property. Requires that the determination of whether an equity interest in a small business concern be made at the time such interest is acquired by the taxpayer. Provides limitations on stock sales with respect to any equity interest in a qualified small business concern. Requires a reduction on the basis of replacement property in the case of nonrecognition of gain on the sale of equity interest in qualified small business concerns. Provides a statute of limitations for the assessment of any deficiency attributable to gain from the sale of equity interest in such business concerns. Provides technical and conforming amendments to the Internal Revenue Code applicable to provisions of this Act. Permits employees of qualified small concerns to exercise stock options within ten years after the date such option was granted. Provides for a reduction of capital gains tax for such business concerns held by a taxpayer for at least 5 years. Grants a capital loss carryover to a taxpayer to the extent such loss is attributable to an investment in such business concern for the ten succeeding years after the loss year. Allows a tax deduction for contributions to research and experimental expenditure reserves equal to the amount of such cash contribution during the taxable year, subject to specified limitations. Provides that such reserves shall be considered tax-exempt organizations under provisions of the Internal Revenue Code. Requires that amounts distributed to any person from such reserve shall be included in the gross income of such person, unless such amount relates to a research and experimental expenditure expense. Amends the definition of small business corporations under the Code to specify that such corporation does not have more than 100 shareholders and does not have as a shareholder a person who is not an individual or corporation. Removes limitations on amounts allowable for tax losses with respect to stock issued by qualified small business concerns. Sets forth effective dates for amendments made under this Act. Allows a qualified small business concern to treat research and experimental expenditures for the acquisition or improvement of property as expenses not chargeable to its capital account. Allows such concerns to treat such expenditures for any property subject to a depreciation or depletion allowance as deferred expenses, and in the case of a building such deferred expense shall be allowed ratably over a period of 120 months. Title III: Patents and Inventions - States that it is the objective of this Act to amend existing patent procedures in order to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Permits Federal agencies which have supported such projects to retain title to inventions through their funding agreements in specified circumstances, including when necessary to conduct foreign intelligence or counterintelligence activities. Requires review of agency determinations that such circumstances exist by the Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration. Directs the Comptroller General to report to Congress on the implementation of this Act by Federal agencies. Enumerates provisions which must be included in funding agreements between Federal agency and a small business firm or nonprofit organization including provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an organization, other than small business firms, from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Provides that the first commercial use with respect to a product of the invention shall not end the exclusive period to different subsequent products covered by the invention. Requires the head of a Federal agency to approve provisions of a funding agreement which require the licensing to third parties of inventions owned by the contractor. Sets forth terms and conditions under which such approval may be granted. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assigns to grant licenses in order to: (1) achieve practical application of the invention in its field of uses; (2) alleviate health or safety needs; (3) meet requirements for public use specified by Federal regulations; or (4) achieve participation by United States industry in the manufacturing of an invention. Entitles the government to 15 percent of all net income in excess of $70,000 gross income received by a contractor after a patent application is filed on a subject invention. Provides that if a contractor receives a gross income of $1,000,000, the government shall be entitled to a share of the excess of $1,000,000 that shall be negotiated but not to exceed five percent of such excess. Limits the government share of any such excesses to its contributions under the funding agreement. Authorizes and directs the Director of the Office of Federal Procurement Policy to revise the government entitlements in light of changes to the Consumer Price Index or other indices at least every three years. Declares such government entitlements applicable to subject inventions upon which United States patents are granted and in effect. Restricts the assignment and licensing of rights by patent holders to foreign owned or controlled firms unless such persons agree that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States where commercially feasible. Authorizes Federal agencies to withhold information on inventions from public disclosure. Specifies the authority of Federal agencies with respect to obtaining patents, granting licenses, and transferring custody of patents. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Prohibits licensing which lessens competition. Directs that business firms be given preference in exclusive or partially exclusive licensing. Enumerates provisions which must be contained in any grant of a license by a Federal agency. Declares that this Act shall take precedence over any other Act in the disposition of inventions. Directs the Commissioner of Patents and Trademarks to establish regulations governing: (1) the citation to the Patent and Trademark Office of prior art patents or publications which are pertinent to a later patent; and (2) the reexamination of a patent to determine whether such a prior patent or publication has any bearing on the patentability of any claim of such patent. Authorizes any individual to: (1) cite to the Office any such prior patent; and (2) request such a reexamination. Requires the Commissioner within 90 days of such a request to make a determination as to whether the cited prior patent raises a new question of the patentability of any claim of the later patent. Authorizes the Commissioner on his or her own initiative to make such a determination at any time. States that a determination that no new question is raised shall be final. Directs the Commissioner, upon determining that there is a new question of patentability, to order and conduct a reexamination. Requires that the patent owner be provided at least two months to file a statement on such question and that the person making the reexamination request be provided two months to respond to such statement. Declares that the patent owner shall be provided an opportunity in any reexamination to amend any claim of the patent in order to distinguish the claim from the prior patent cited, or in response to a decision adverse to the patentability of the claim. Authorizes the owner to appeal any adverse decision. Directs the Commissioner, upon the conclusion of any reexamination or appeal proceeding, to issue and publish a certificate cancelling any unpatentable claim, confirming any valid claim, and incorporating any amended claim in the patent. Declares that no prior patent or publication may be relied upon as evidence of nonpatentability in a civil action involving the validity or infringement of a patent unless: (1) the prior patent or publication was cited by or to the Office regarding application or reexamination proceedings for the patent; or (2) the court concludes that consideration of the prior patent or publication in such proceedings is unnecessary for adjudication. Sets forth circumstances under which a court may stay the proceedings of a civil action involving the infringement or validity of a patent to enable either party to such action to secure a determination on a request for reexamination of the patent by the Patent and Trademark Office. Provides the moving party in such action the right to dismiss the complaint commencing such action.
United States · United States Congress · 12 October 1979
Amends the Elementary and Secondary Education Act of 1965 to include the acquisition of band instruments for the use of children and teachers in elementary and secondary schools for such uses as the school administration considers desirable among those purposes for which the Commissioner of Education is directed to carry out a program of making grants to States for libraries and learning resources.
United States · United States Congress · 10 October 1979
Amends the Agricultural Act of 1949 to change specified levels of price support loans and price support payments for the 1980 and each subsequent crop of extra long staple cotton. Amends the Agricultural Adjustment Act of 1938 to require that extra long staple cotton acreage allotments voluntarily surrendered to county committees be so surrendered not later than January 30 of the crop harvest year. Directs (formerly authorized) the Secretary of Agriculture to permit owners or operators of farms for which an extra long staple cotton acreage allotment is established to sell or lease all or part of such allotment for transfer to farms owned or operated by others, or to transfer such allotment to other farms owned by themselves. Stipulates that farms to which such allotments are transferred may be in any State or county. Requires that such sale, lease, or transfer occur not later than January 30 of the crop harvest year. Prohibits the leasing of any such allotment for a total period greater than three years.
United States · United States Congress · 19 September 1979
Amends the Agricultural Act of 1949 to change specified levels of price support loans and price support payments for the 1980 and each subsequent crop of extra long staple cotton. Amends the Agriculture Adjustment Act of 1938 to require that extra long staple cotton acreage allotments voluntarily surrendered to county committees be so surrendered not later than January 15 of the crop harvest year. Directs (formerly authorized) the Secretary of Agriculture to permit owners or operators of farms for which an extra long staple cotton acreage allotment is established to sell or lease all or part of such allotment for transfer to farms owned or operated by others, or to transfer such allotment to other farms owned by themselves. Stipulates that farms to which such allotments are transferred may be in any State or county. Requires that such sale, lease, or transfer occur not later than January 15 of the crop harvest year. Prohibits the leasing of any such allotment for a total period greater than three years.
United States · United States Congress · 11 September 1979
Constitutional Amendment - Limits the increase of total budget outlays of the United States Government during any fiscal year to a percentage equal to the percentage increase in the gross national product during the previous calendar year. Stipulates that if the inflation rate exceeds three percent annually the increase in total outlays shall be reduced by one-fourth the difference between the inflation rate and three percent. Requires any surplus in total revenues received by the Government to be used to reduce the public debt. Allows the limit on total outlays to be changed by a three-quarters vote of both Houses of Congress, or to meet an emergency declared by the President. Continues Federal aid programs to States and local governments for a period of six years. Prohibits Congress authorizing any United States agency from requiring that a State or local government engage in additional or expanded activities without compensation equal to the additional costs.