United States · United States Congress · 6 March 1980
Small Business Development Act of 1980 - Title I: Small Business Innovation - Amends the Small Business Act to require the head of each Federal agency which obligates over $100,000,000 for research and development in a fiscal year to: (1) expend at least one percent of the amount spent on research and development during the next year for a small business innovation program; (2) solicit research and development proposals from small businesses during the next year; and (3) promote the use of small businesses to conduct research and development. Requires the head of each Federal agency to increase the amount of funds obligated for the conduct of research and development by small businesses by one percent each year until the amount obligated to small businesses in a fiscal year equals at least ten percent of the total amount obligated by such agency for research and development. States that it is an 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 a 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 assignees to grant licenses in order to: (1) achieve practical applications 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 excesses to its contributions under the funding agreement. Requires 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. Title II: Depreciation Acceleration; Repeal of Used Property Limitation in Investment Tax Credit; Corporate Income Tax Rate Reductions - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Allows a ten percent investment tax credit for buildings and tangible property, and a six percent credit for automobiles, taxis, and light duty trucks. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits a taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year. Repeals the $100,000 limitation on the amount of used property which is eligible for an investment tax credit. Reduces the tax rates applicable to corporate income. 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. Title III: Tax Incentives for Small Business Capital Formation - Provides for the nonrecognition of gain on the sale or exchange of an equity interest in a small business which is reinvested in another small business within two years. Defines a "small business" as any business entity in which the aggregate equity interests do not exceed $25,000,000. Allows a tax credit for proceeds received from small business debentures which have a fixed maturity and grant no conversion or voting rights. Limits the amount of such credit to $5,000 ($10,000 in the case of a joint return). Disallows such credit if the issuing small business has $1,000,000 of such debentures outstanding or has a class of securities subject to regulation of the Securities and Exchange Commission. Treats amounts paid on such debentures which represent a share of the issuer's earnings as long-term capital gain. Treats losses on such debentures as an ordinary loss. Requires distributions on such debentures, which represent either interest or a share of earnings, to be treated as interest. Title IV: Small Business Equal Access to Justice - Amends title II of the Small Business Act (Study of Small Business) to direct the Office of Advocacy within the Small Business Administration to assist the Attorney General, Federal agencies, and the Chairman of the Administrative Conference of the United States to facilitate relief afforded to small businesses under such Act. Requires the Chief Counsel for Advocacy to submit biennial reports to the President and Congress on awards made to small businesses under such Act. Excludes from the definition of "party" for purposes of this title: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorporated business whose net worth exceeds $5,000,000, but includes an agricultural cooperative, as defined in the Agricultural Marketing Act, regardless of its net worth. 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 (excluding ratemaking and license application hearings, but including such actions as suspension or modification of a license); or (2) in any civil action, other than a tort, 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. Allows the agency or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments. 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 or any agency, including the Post Office, or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). Directs the Administrative Conference 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. Makes this title applicable to any civil action pending on, or commencing after, the date of enactment, except for civil tax actions, which shall be subject to this title six months after enactment. Directs the Office of the Chairman of the Administrative Conference and Director of the Administrative Office of the United States Courts to provide to the Small Business Office of Advocacy the information required to be collected in this title. Title V: Small Business Regulatory Flexibility - Amends the Small Business Act to require each Federal agency to publish semiannually an agenda of those rules which may be proposed during the upcoming six-month period affecting a substantial number of small businesses and small organizations. Permits Federal agencies to modify the definition of "small business", if appropriate, after notice and opportunity for hearing. Defines "small organizations" to include unincorporated businesses, sheltered workshops enterprises which are not dominant in their fields, and such other groups and enterprises as each Federal agency shall establish by rule, not in conflict with the definition of "small business." Requires each published agenda to be transmitted to the office of Advocacy of the Small Business Administration for comments. Directs each Federal agency to endeavor to provide notice of each agenda to affected small enterprises by means other than publication in the Federal Register. Directs each Federal agency to publish a written analysis prior to the issuance of any proposed rule affecting a substantial number of small businesses and organizations which considers: (1) the effect of such rule on small enterprises and competition; (2) whether an exemption could be provided such small enterprises; (3) whether lesser compliance standards could be adopted for small enterprises; and (4) the expected nature of reporting recordkeeping requirements necessitated by such rule. Requires each Federal agency to issue a rule containing an exemption or differing compliance standard for such small business concerns and organizations if it is lawful, desirable, and feasible to do so. States that such small enterprises shall be given an opportunity to participate in agency rulemaking, which substantially affects such enterprises, unless otherwise provided. Requires each agency to review its existing rules and prepare an analysis for purposes of eliminating or modifying those rules which are most burdensome to small businesses and organizations. Permits any agency to perform the analyses required by this title in conjunction with any other analysis required by law. Declares that such other analysis shall not in itself satisfy the requirements of this title. Title VI: Sunset Provisions - Requires the Congressional Budget Office in conjunction with the congressional committees having jurisdiction over each Government program, within one year after enactment of this Act, to set forth a timely review of all Government programs. Terminates any program which has not been reviewed within three years after enactment of this Act unless both Houses of Congress vote to continue such programs pending completion of a review. Requires that each review: (1) identify the need for the program; (2) identify conflicting or duplicative programs; (3) assess the program's effectiveness and cost; and (4) assess the impact of the program on the national economy.
United States · United States Congress · 4 March 1980
Expresses the sense of the Congress that the Department of Energy should: (1) impose a moratorium on gasoline allocations to retail outlets not in existence or in the process of being established as of the date of enactment of this Act; (2) revise the gasoline allocation regulations to provide simplicity, flexibility, and understandability, and to prevent unnecessary market disruptions; and (3) submit to the Congress a plan for reducing the number of pending cases and expediting future cases before it.
United States · United States Congress · 27 February 1980
Expresses the sense of the Congress that the Secretary of Energy should not promulgate any Federal emergency energy conservation plan which would harm recreational boating.
United States · United States Congress · 26 February 1980
Small Business Capital Incentive Act of 1980 - Amends the Internal Revenue Code to permit a taxpayer to elect shorter useful lives for buildings and business machinery in computing the allowance for depreciation. Specifies that the taxpayer may elect a useful life of 15 years in the case of a building and its structural components, and four years in the case of business machinery eligible for the investment tax credit. Imposes a $3,000,000 basic limit for buildings and a $1,000,000 limit for machinery eligible for the election provided by this Act. Reduces from seven to three years the useful life of investment tax credit property which is eligible for the full amount of such credit.
United States · United States Congress · 26 February 1980
Amends the Immigration and Nationality Act to authorize the Attorney General to correct the birthdates on naturalization certificates of individuals admitted as immigrants between December 22, 1945, and November 1, 1954, if such original misrepresentation was predicated upon a fear of persecution if repatriated rather than to evade the existing immigration quotas.
United States · United States Congress · 13 February 1980
National Heritage Policy Act of 1979 - Title I - Declares the findings of Congress concerning the identification and protection of resources significant to the national heritage. Title II: National Heritage Program - Requires the Secretary of the Interior to establish a national heritage program and an historic preservation program. Directs the Secretary to establish and administer a National Register of Natural Areas which shall include resources of national, state and local significance. Declares that items of national significance shall be designated as "National Natural Landmarks" and such designations shall only apply to an area which clearly meets the standards for national significance as established by this Act. Requires the Secretary to expand and administer the National Register of Historic Places which shall include resources of national, state, and local significance. Requires the Secretary, within one year of the effective date of this Act, to develop or expand regulations or guidelines, as appropriate, for: (1) documentation of significant information concerning such resources; (2) eligibility criteria for inclusion in the Natural or Historic Register; and (3) nominations to the Natural or Historic Register by the State natural heritage officer of the State historic preservation officer as established by this Act. Requires the Secretary to establish revised criteria for the designation of nationally significant areas and places on the Registers. Requires the Secretary, within 18 months after the effective date of this Act, to develop regulations and guidelines for State natural heritage programs and State historic preservation programs, and to request the Governor of each participating State to designate a State natural heritage officer and historic preservation officer. Declares that there may be one person for both such positions. Authorizes the Secretary to: (1) develop a process for the voluntary involvement of the public in the conservation and preservation of natural and historic resources; (2) extend honorific Federal recognition of exceptional efforts by local governments and the private sector in the identification and protection of significant heritage resources; (3) develop and provide technical and nontechnical information and assistance on all aspects of natural and historic heritage conservation; and (4) study, in cooperation with other agencies and private and public organizations, the feasibility and necessity of establishing or developing other protective measures at the Federal, State, and local level for natural areas and historic places. Directs each Federal agency, with the advice of the Secretary and in cooperation with the State historic preservation officer, to locate and nominate to the Historic Register, historic resources located on lands which it owns or administers. Specifies measures to be taken by Federal agencies to provide for the maintenance, preservation, rehabilitation, or restoration of federally owned historic resources. Requires the head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State or having authority to license any such undertaking, prior to the approval of the expenditure of any Federal funds or the issuance of any license, to take into account the effect of the undertaking on any area included in or eligible for inclusion in the Natural Register. Specifies that, prior to the approval of any Federal undertaking which may adversely affect any natural or historic landmark, the head of the Federal agency involved shall determine that no feasible alternative to such undertaking exists. Requires the Council on Heritage Conservation, with the concurrence of the Secretary, to promulgate regulations or guidelines for the exemption of Federal undertakings from requirements of this Act. Amends the Land and Water Conservation Fund Act of 1965 to authorize the Secretary of the Interior to provide financial assistance to States for the conservation of natural areas. Includes networks, cultural landscapes, and neighborhoods significant in American history, architecture, archaeology, or culture, in the National Register. Amends the Land and Water Conservation Fund Act of 1965 to authorize appropriations for the Historic Preservation Fund through fiscal year 1983. Title III: Council on Heritage Conservation - Renames the Advisory Council on Historic Preservation the Council on Heritage Conservation. Directs the Council to: (1) review Federal policies and programs affecting historic places natural areas; and (2) inform and educate interested Federal agencies, State and local governments, Indian tribes, other nations, and international organizations and private groups and individuals as to the authorized activities of the Council. Authorizes appropriations for the assessment for United States membership in the International Centre for Study of Preservation and Restoration of Cultural Property for fiscal years 1979 and 1980. Stipulates that no appropriation may be authorized and no payment made to the Centre in excess of 25 percent of the total annual assessment of such organization. Title IV: Administrative Provisions - Permits the Secretary of the Interior to accept donations and bequests of money and personal property for the purposes of this Act. Allows the head of each Federal agency, after consultation with the Secretary, to withhold from public disclosure, information which might reveal the specific location of sites, objects, buildings, structures, terrestrial communities, aquatic communities, geologic features, or landforms which are eligible for or included in the Natural Register or the Historic Register, whenever it is determined that the disclosure of such information would create a risk of harm to such locations.
United States · United States Congress · 5 February 1980
Surface Transportation Act of 1980 - Title I - Federal-Aid Highway Act of 1980 - Authorizes appropriations for: (1) the Interstate System for fiscal year 1983; (2) highways for fiscal years 1981 and 1982; (3) the bridge program for fiscal year 1982; and (4) Interstate System resurfacing for fiscal years 1982 and 1983, subject to conditions placed upon the apportionment of funds. Makes the Federal share of the costs of completing a disapproved route of the Interstate System within an urbanized area available for bus-related and fixed rail facilities which are eligible for grants under the Urban Mass Transportation Act of 1964. Sets forth the costs the Secretary of Transportation must include in making the revised estimate of the cost of completing the then designated Interstate System. Prohibits the Secretary from approving any project whose costs are not eligible for inclusion in such revised estimate. Mandates that each State receive not less than one-half of one percent of the total apportionment for resurfacing, restoring, and rehabilitating the Interstate System in any fiscal year after 1982. Alters the percent of the ratio of lane miles used and vehicle miles traveled for apportionment purposes after fiscal year 1982. Eliminates the requirement that a State obligate all funds apportioned to it for any of specified Federal-aid systems before applying to the Secretary for the Federal share of such costs when additional funds have been apportioned to such State. Permits the Secretary to approve projects for reconstruction of lanes in use for more than five years on the Interstate System. Permits the Secretary to approve projects for resurfacing, restoring, and rehabilitating lanes in use for more than five years which are on toll roads and are subject to a Secretarial agreement after fiscal year 1982. Eliminates the five year use restriction for nontoll roads after fiscal year 1980. Increases the percent of the Federal share payable to the States for Interstate System resurfacing to at least 90 percent of the costs. Authorizes appropriations for the repair or reconstruction of highways and roads damaged as a result of disaster or catastrophe. Authorizes the Secretary to make grants for energy conservation projects on nontoll public roads to reduce traffic congestion and facilitate traffic flow on a Federal-aid system. Makes the Federal share of the cost of such projects 90 percent. Sets forth the formula for apportionment. Authorizes appropriations for fiscal years 1981 through 1985 for such projects. Requires a State to maintain any project constructed under the Federal-aid Highway Act even after such project no longer constitutes a part of a Federal-aid system. Directs the Secretary to make apportionments for the replacement or rehabilitation of unsafe bridges in each State based upon the Federal share of the estimated cost as determined by the Secretary for fiscal years 1982 and 1983. Authorizes the Secretary to make grants: (1) to reconstruct, resurface, restore, and rehabilitate nontoll public roads which have incurred a substantial increase in use as a result of transportation activities to meet the national energy requirements; and (2) for transportation projects which will alleviate the environmental, social, and economic impact of increased train traffic to meet such requirements in communities located along specified rail corridors. Makes the Federal share of the costs of any such project 80 percent. Directs the Secretary to establish a formula for apportionment of such funds. Authorizes appropriations for fiscal years 1981 through 1985. Requires each State in fiscal year 1982 to utilize at least 30 percent of the apportioned funds for projects for the construction of routes on the Interstate System which are not open to traffic. Permits exemptions as specified. Authorizes appropriations out of the Highway Trust Fund for safer off-system roads for fiscal years 1981 and 1982. Sets aside specified amounts of the sums authorized in fiscal years 1979, 1980, and 1981 for obligation by the Secretary for projects of unusually high cost or long duration. Requires that specified apportionments received by the States in fiscal year 1983 not be less than the amount received in the previous fiscal year. Establishes limits of the total of all obligations for Federal-aid highways and highway safety construction programs for fiscal years 1980 through 1982. Title II - Federal Public Transportation Act of 1980 - Amends the Urban Mass Transportation Act of 1964 to authorize appropriations for discretionary grants or loans for fiscal years 1981 through 1985. Establishes a ceiling on the amount of such authorizations which may be made available for grants and loans for new rail transportation systems, rail extensions, and automated fixed guideways. Requires that not less than five percent of such funds be obligated for projects in areas having populations of less than 200,000 after fiscal year 1980. Authorizes appropriations: (1) for grants for research and training in urban transportation problems for fiscal years 1982 through 1985; (2) for formula grant programs for fiscal years 1982 through 1985; (3) for administrative and other expenses for fiscal years 1982 through 1985; (4) for urban mass transit grants for fiscal years 1981 through 1985; (5) for terminal development for fiscal years 1982 through 1985; and (6) for intercity bus service for fiscal years 1982 through 1985. Makes any person presenting a medicare card entitled to receive special rates established for the elderly or handicapped when paying mass transit fares. Requires the Secretary to notify the appropriate committees of Congress at least 30 days in advance of issuing a letter of intent to fund a project. Requires the Secretary to provide financial assistance through grants to the States and local bodies for the continuation through fiscal year 1983 of specified rail passenger service. Sets forth the Federal share of the operating costs of such rail passenger service. Authorizes appropriations for fiscal years 1981 through 1983. Directs the Secretary to carry out a demonstration project using high-speed waterborne transportation equipment and facilities and operating in and in the vicinity of Portland, Oregon. Directs the Secretary to report the results of such projects to Congress by the end of fiscal year 1983.
United States · United States Congress · 5 February 1980
Motor Carrier Act of 1980 - Amends the Interstate Commerce Act to direct the Interstate Commerce Commission to issue a certificate authorizing a person to provide transportation as a motor common carrier of property if the Commission determines that such transportation is consistent with the present or future public convenience and necessity. Sets forth the factors the Commission should consider in making such a determination, including the evidence of public support and the quality of available service. Exempts from such procedures applications for authority to provide specified transportation services, including: (1) transportation to any point not served by a certified motor carrier of property; (2) service as a direct substitute for abandoned rail services; and (3) transportation for the United States of specified commodities. Limits the carriers who may protest an application to those who possess or have filed an application to possess authority to handle the traffic for which application is being made. Directs the Commission to develop expedited procedures to process applications of individual motor carriers of property seeking removal of specified operating restrictions, including gateway restrictions, circuitous route limitations, lack of backhaul authority, territorial limitations, and intermediate point service restrictions. Sets forth the factors to be considered in approving or disapproving such applications, including the applicant's showing of an impact on energy consumption and potential cost savings. Exempts from Commission jurisdiction: (1) the transportation for compensation of agricultural commodities; (2) the transportation of property by motor vehicle incidental to transportation by aircraft within a 35-mile radius of an airport or designated airport city; (3) specified transportation by a motor vehicle operated by an owner or a person accompanied by an owner; and (4) specified transportation for compensation by one corporation for itself or a subsidiary. Permits a person to hold both a certificate of a motor common carrier of property and a permit of a motor contract carrier of property to transport property over the same route only as specified. Prohibits the Commission from suspending or investigating any rate proposed by a motor carrier of property to determine whether or not such rate is unreasonable on the basis that it is too high or too low if such rate is within ten percent of the rate charged the previous year. Requires the Commission to maintain standards and procedures for establishing revenue levels for motor carriers of property sufficient to cover total operating expenses, plus a reasonable profit. Sets forth the factors the Commission shall consider when prescribing a rate, classification, rule of practice for transportation or service by common carriers other than rail carriers. Permits a freight forwarder to enter into contracts with a rail carrier or a water common carrier providing specified transportation services. Requires organizations established under an agreement between or among motor common carriers of property to comply with specified requirements, including the right of independent action, the right to vote, and the prohibition against interfering in a change of any tariff item for the account of one of its member carriers. Requires a consignor or consignee requiring assistance in the loading or unloading of a motor vehicle transporting property in interstate commerce to either provide for such assistance or compensate for such assistance accordingly. Prohibits the provision of such assistance unless required. Establishes civil and criminal penalties for violations of such provision. Directs the Commission to require the use of written contracts for the transportation of specified property otherwise exempt from Commission jurisdiction, including livestock and agricultural commodities. Directs the Commission to issue a license to a person authorizing the person to be a broker for transportation of property if such person is found fit and willing to comply with the regulations of the Commission. Directs the Secretary of Transportation, in consultation with the States and the industry, to develop recommendations to provide a more efficient and equitable system of State regulations for interstate motor carriers. Permits any motor common carrier of property to apply to the Commission for approval of a pooling agreement with another motor common carrier of property. Sets forth the factors the Commission must consider in determining whether or not to approve such agreement, including the likelihood that such agreement will unduly restrain competition. Permits a motor common carrier of property to transport exempt commodities at the same time in which he transports commodities for which he holds a certificate. Permits the Commission to grant a motor carrier of property temporary authority to provide transportation to a place having no carrier capable of meeting the needs of the place. Permits the Commission to grant emergency temporary authority to such a carrier when the Commission determines there is not sufficient time to process an application for temporary authority. Sets forth Commission hearing, initial decision, and appellate procedures for those proceedings involving a motor common carrier of property. Sets forth procedures for consolidation, merger, and acquisition of control by a motor carrier of property. Prohibits a State or subdivision of a State from imposing discriminatory taxes upon a motor carrier of property.
United States · United States Congress · 5 February 1980
Small Business Equal Access to Justice Act - Title I: Small Business Administration Office of Advocacy - Amends title II of the Small Business Investment Act (Study of Small Business) to direct the Office of Advocacy within the Small Business Administration to assist the Attorney General, Federal agencies, and the Chairman of the Administrative Conference to facilitate relief afforded to small businesses under such Act. Requires the Chief Counsel for Advocacy to submit biennial reports to the President and Congress on awards made to small businesses under such Act. Title II: Small Business Equal Access to Justice - Excludes from the definition of "party" for purposes of this Act: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorporated business whose net worth exceeds $5,000,000, but includes an agricultural cooperative, as defined in the Agricultural Marketing Act, regardless of its net worth. 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 (excluding ratemaking and license application hearings, but including such actions as suspension or modification of a license); or (2) in any civil action, other than a tort, 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. Allows the agency or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments. 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 or any agency, including the Post Office, or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). 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. Makes this Act applicable to any civil action pending on, or commencing after, the date of enactment, except for civil tax actions, which shall be subject to this Act six months after enactment. Directs the Office of the Chairman of the Administrative Conference of the United States and Director of the Administrative Office of the United States Courts to provide to the Small Business Office of Advocacy the information required to be collected in title I of this Act.
United States · United States Congress · 5 February 1980
Emergency Home Purchase Assistance Authority Amendments of 1979 - Amends the National Housing Act to remove the specific dollar limitations on the original principal obligation of a mortgage which may be purchased by the Government National Mortgage Association (GNMA) under the Emergency Home Purchase Assistance Act. Limits such purchasing authority to mortgages in an amount which would make a residence or project eligible for mortgage insurance under the applicable Federal insurance program. Permits such amounts to be raised by up to ten percent in high cost areas determined by the Secretary of Housing and Urban Development. Limits the sales price of a principal residence covered by a mortgage which may be purchased under the emergency authority of the GNMA to 105 percent of such maximum mortgage amount which may be raised an additional 10 percent in high-cost areas. Eliminates the 7 1/2 percent interest rate limitation on mortgage loans eligible for purchase. Permits the Secretary to establish the maximum interest rate at a level consistent with market conditions provided it does not exceed the maximum rate on mortgages eligible for Federal insurance.
United States · United States Congress · 30 January 1980
Authorizes the President to present, on behalf of the Congress, a gold medal of appropriate design to Ambassador Kenneth Taylor in recognition of his efforts to secure the return of six American Embassy officials in Tehran. Authorizes and directs the Secretary of the Treasury to cause to be struck such gold medal with suitable emblems, devices, and inscriptions.
United States · United States Congress · 30 January 1980
Vietnam Era Veterans Agent Orange Act - Establishes a presumption of service-connected disability for certain diseases arising in Vietnam-era veterans (and for birth defects in their children) exposed to agent orange.
United States · United States Congress · 30 January 1980
Amends the Federal Election Campaign Act of 1971 to prohibit any Member of Congress from using funds received as contributions to pay personal expenses.
United States · United States Congress · 30 January 1980
Expresses appreciation to Canada for: (1) its historic close relations and cooperation with the United States in conducting foreign policy; (2) its support for U.S. efforts to obtain the safe release of the hostages in Iran; and (3) its efforts to protect and arrange the safe departure of certain U.S. citizens from Iran.
United States · United States Congress · 22 January 1980
Authorizes and requests the President to issue a proclamation honoring the memory of Walt Disney on the 25th anniversary of his contribution to the American dream.
United States · United States Congress · 20 December 1979
Mass Transit Crime Prevention Act of 1979 - Amends the Urban Mass Transportation Act of 1964 to condition Federal financial assistance after September 30, 1980 for the construction or operation of facilities and equipment for use in a public mass transportation system upon the submission, approval, and implementation of an effective plan for crime prevention on such system. Directs the Secretary of Transportation to prescribe minimum standards for the approval of such plans.
United States · United States Congress · 20 December 1979
Diabetes Research and Training Amendments and National Diabetes Advisory Board Extension Act of 1979 - Establishes within the National Arthritis, Metabolism, and Digestive Diseases Advisory Council separate subcommittees on diabetes and related endocrine and metabolic diseases, arthritis, digestive diseases, and kidney diseases. Directs the subcommittees to: (1) review applications made to the Director of the Institute for research projects relating to such diseases and make recommendations to the Advisory Council; and (2) review and evaluate programs directed at such diseases. Establishes within the Institute the position of Associate Director for Diabetes, Endocrinology, and Metabolic Diseases. Sets forth the duties of the Associate Director, including: (1) having primary responsibility for all diabetes-mellitus-related activities supported or conducted by the National Institutes of Health; (2) providing information to public and private agencies with respect to such activities; and (3) reporting and making recommendations to the Director of the National Institutes of Health with respect to other enumerated functions. Extends the authorization of appropriations for diabetes research and training centers in the following amounts: $14,000,000 for fiscal year 1981, $17,000,000 for fiscal year 1982, and $20,000,000 for fiscal year 1983. Directs the Secretary of Health and Human Services (formerly Health, Education, and Welfare) to provide from such amounts up to ten training stipends through each center in any fiscal year. Makes the ex officio members of the National Diabetes Advisory Board nonvoting members. Adds as ex officio members of such Board the Director of the National Institute of Child Health and Human Development or his designee and the Associate Director for Diabetes, Endocrinology, and Metabolic Diseases. Revises the terms of appointed members of the Board. Directs the Board to amend the Diabetes Plan (formulated by the National Commission on Diabetes under the National Diabetes Mellitus Research and Education Act) as is necessary to insure its continuing relevance. Extends the current level of authorizations for the purposes of the Board ($300,000 per fiscal year) through fiscal year 1983. Extends the expiration date of the Board from September 30, 1980, to September 30,1983.
United States · United States Congress · 20 December 1979
Transportation Systems Efficiency Act of 1979 - Title I: - Amends the Urban Mass Transportation Act of 1964 to stipulate that the authorization of funds for public mass transportation projects under such Act shall remain available for obligation for the three fiscal years after the fiscal year for which the authorization was made. Authorizes the Secretary of Transportation to make grants for energy conservation projects on nontoll public roads to reduce traffic congestion and facilitate traffic flow on a Federal-aid system highway. Stipulates that the Federal share of such a project shall be 90 percent of its cost. Authorizes appropriations for fiscal years 1981 through 1990 out of the Public Transportation Trust Fund (as established by title III of this Act) for projects under the Urban Mass Transportation Act of 1964 and for public mass transportation projects substituted for Interstate Highway System projects. Title II: - Authorizes the Secretary of Transportation to apportion funds for the repair of public roads which have incurred a substantial increase in use as a result of transportation activities to meet national energy requirements and which will continue to incur such use. Stipulates that the Federal share of such a project shall be 80 percent of its cost. Authorizes appropriations for fiscal years 1980 through 1990 for such purpose out of the Highway Trust Fund and out of the Energy Trust Fund (as established by H.R. 3919 of the 96th Congress or its equivalent). Authorizes the Secretary to make grants to separate rail highway crossings where there is a substantial increase in the use of rail facilities in transporting coal to meet national energy requirements and where the continued use of such facilities will result in substantial delays of highway travel. Stipulates that the Federal share of such a project shall be 80 percent of its cost. Authorizes appropriations for such purpose for fiscal years 1980 through 1990 out of the Highway Trust Fund and the Energy Trust Fund. Title III: Public Transportation Trust Fund - Establishes within the Treasury of the United States the Public Transportation Trust Fund. Appropriates to such Fund 25 percent of the amounts received by the Treasury pursuant to the windfall profit tax on domestic crude oil. Stipulates that the proceeds of such Fund shall be used for making capital expenditures for public transportation projects or transportation systems projects under the Urban Mass Transportation Act of 1964 or under title 23 (Highways) of the United States Code.
United States · United States Congress · 19 December 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase the amount of outside earnings permitted each year without any deduction from OASDI benefits to $7,200 for individuals under the age of 65 and to $10,500 for individuals 65 years of age or over.
United States · United States Congress · 19 December 1979
Medicaid Community Care Act of 1980 - Authorizes a State with a plan approved under title XIX (Medicaid) of the Social Security Act to apply to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to have Federal payments for home health care services, nursing services, home health aid services, medical equipment for use in the home, physical therapy, occupational therapy, speech pathology services, endiology services, adult day health services, respite care, short-term full-term nursing care, homemaker services, and nutrition counseling made at a higher rate the the rate for other care and services provided under the State plan. Specifies that the Federal medical assistance percentage for such services and the comprehensive assessments provided for in this Act shall be the lesser of: (1) the Federal medical assistance percentage determined under title XIX plus 25 percent; or (2) 90 percent of the cost of such services and assessments. Requires an application to be accompanied by a community care plan which: (1) provides for a comprehensive assessment of each individual eligible or applying for Medicaid who is likely to need long-term skilled nursing facility or intermediate care facility services; (2) makes available, under title XIX, the care and services for which the higher Federal payment may be made to individuals determined pursuant to a comprehensive assessment to be in need of long-term facility services and for whom such assistance is a feasible alternative to long-term facility services; and (3) coordinates the services provided under this Act with similar services provided under the Older Americans Act of 1965, and under titles XVIII (Medicare) and XX (Grants to States for Services) of the Social Security Act. Requires the Secretary to report to Congress with respect to the program established under this Act. Permits a State, for the purposes of title XIX, to treat a noninstitutionalized individual the same as an individual who is in a long-term care facility if the noninstitutionalized individual meets the income and resources standards for long-term facility residents and has been determined, pursuant to an assessment under this Act, to need long-term facility services.
United States · United States Congress · 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 · 12 December 1979
Authorizes the President to impose higher or additional duties on the products of any country which is not cooperating with the United States in its diplomatic or economic initiatives to terminate the unlawful actions of other foreign governments regarding U.S. citizens assigned to a U.S. diplomatic mission.
United States · United States Congress · 10 December 1979
Expresses the sense of Congress that the American people should immediately send Christmas cards to the hostages being held in Iran as an indication of our concern and support.
United States · United States Congress · 10 December 1979
Expresses the sense of Congress that the Soviet Union, Bulgaria, Yugoslavia, and Romania are urged: (1) to release certain political prisoners; and (2) to halt the incarceration and harassment of individuals contrary to the Helsinki Accords.
United States · United States Congress · 10 December 1979
Expresses the sense of Congress that the President should: (1) reaffirm U.S. commitment to the Helsinki Accords; (2) communicate to the Soviet Union U.S. disapproval of religious harassment of Christians in the Soviet Union and of the restrictions on such Christian's freedom to emigrate; and (3) advise the Soviet Union of U.S. expectation that the Soviet Union honor its commitments under the Helsinki Accords and under internation law.
United States · United States Congress · 6 December 1979
Requests the Secretary of Agriculture, in cooperation with the Secretary of Health, Education, and Welfare, to develop a plan for local nutrition monitoring including: (1) the identification of priority target areas; (2) the development of a structure for monitoring specified regions; and (3) the choice of methodology and a timetable.
United States · United States Congress · 28 November 1979
Establishes the Barrier Islands National Parks. Authorizes the Secretary of the Interior to acquire lands and interests in land within the boundaries of the barrier islands units by donation, purchase with donated or appropriated funds, or exchange, except that in the case of developed land, the Secretary may acquire such land only with the consent of the owner thereof, or following a determination by the Secretary that an actual or proposed change in the use of such land after the date of enactment of this Act would impair the quality of the unit. Withdraws lands within the barrier islands units from entry or appropriation under the mining laws of the United States and from the operation of the mineral leasing laws. Prohibits any Federal financial assistance from being made available under any authority of Federal law, and no Federal license, permit, or other form of approval may be issued by any Federal agency for: (1) the construction of any structure, road, or facility of any type on any barrier island unit of the Atlantic or gulf coast of the United States; (2) any road, airport, boat landing facility, or other facility to be used for providing access to any such barrier island contrary to the purposes of this Act; and (3) any project to prevent the erosion of, or to otherwise stabilize, any shoreline or inshore area of such a barrier island.
United States · United States Congress · 15 November 1979
Amends the Comprehensive Employment and Training Act to prohibit a prime sponsor from paying more than the average entry level wage for all employment positions (with specified exceptions) with such prime sponsor to public service jobholders as average federally supported wages. Requires a prime sponsor to submit to the Secretary of Labor the methods and, upon request, the data used in the computation of such average entry level wage.
United States · United States Congress · 14 November 1979
Wind Energy Systems Research, Development, and Demonstration Act of 1979 - Declares it to be the policy of the United States and the purpose of this Act to establish a research, development, and demonstration program for converting wind energy into electricity. Sets as a goal of such program the attainment of a total megawatt capacity of at least 800 megawatts from wind energy systems by fiscal year 1988 and the reduction of the average cost of electricity produced by such systems to a level competitive with conventional energy sources by the end of fiscal year 1986. Authorizes the Secretary of Energy to enter into agreements with public and private entities to obtain scientific, technological, and economic information on the design, fabrication, purchase, installation, and testing of wind energy systems. Authorizes the Secretary to provide financial assistance to entities seeking to install wind energy systems upon submission of the proper application. Sets forth terms and conditions for receiving such assistance. Terminates any Federal subsidization of purchases of such equipment upon the determination that such systems have become competitive with conventional energy sources or by a specified date. Sets forth the amount of such assistance, taking into consideration any tax credits allowed under the Internal Revenue Code for renewable energy source expenditures. Allocates a portion of the funds appropriated to carry out such assistance program for accelerated procurement and installation of wind energy systems by Federal agencies for demonstration purposes. Directs the Secretary to promulgate voluntary performance standards for such systems. Directs the Secretary to initiate a three-year national wind resource assessment program to: (1) validate existing assessments of known wind resources; (2) perform wind resource assessments in regions where the use of wind energy may prove feasible; (3) initiate a general site prospecting program; (4) establish standard wind data collection and siting techniques; (5) establish, in consultation with the Administrators of the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the National Aeronautics and Space Administration, a national wind data center to make public information available on wind energy. Directs the Secretary to prepare a comprehensive program management plan for the research, development, and demonstration activities prescribed under this Act for submission to specified congressional committees. Sets forth criteria for selection of programs consistent with the purposes of this Act. Directs the Secretary to monitor, collect and evaluate data and information, and conduct studies and investigations relating to wind energy systems and programs. Directs the Secretary to assure that information relating to programs, projects and other activities conducted under this Act are widely disseminated to Federal, State, and local authorities, relevant segments of the economy, the scientific community and the public, so as to promote the use of wind energy to the maximum extent feasible. Directs the Secretary to assure that small businesses will have adequate opportunities to participate in the programs conducted under this Act to the maximum extent practicable. Authorizes the appropriation of $100,000,000 for fiscal year 1980 to carry out the purposes of this Act.
United States · United States Congress · 13 November 1979
Directs the Secretary of Transportation to apportion for fiscal years 1981 and 1982 fiscal years the sums authorized to be appropriated for expenditure on the National System of Interstate and Defense Highways using specified factors. Limits the authority of the Secretary to withdraw approval of any route or portion thereof on the Interstate System to withdrawals made before September 30, 1979. Makes available to the Secretary for projects in substitution a sum equal to the Federal share of the cost to complete a route withdrawn between June 20, 1979 and June 30, 1979. Makes available to the Secretary for projects substituted for such withdrawn route a sum equal to the Federal share of the cost to complete a route withdrawn between June 20, 1979 and June 30, 1979.
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 · 2 November 1979
Ocean Thermal Energy Conversion Research and Development Act - Directs the Secretary of Energy to prepare a comprehensive plan and program of research, development, and demonstration of ocean thermal energy conversion systems. Directs the Secretary to prepare a comprehensive technology application plan designed to realize the goal of producing 10,000 megawatts of electrical capacity or energy product equivalent from ocean thermal energy conversion systems by the year 1999. Sets forth criteria for the selection of programs and the establishment of priorities concerning ocean thermal energy conversion systems. Establishes an Ocean Thermal Energy Conversion Advisory Committee to study and advise the Secretary on the implementation and conduct of the programs established under this Act and on other matters concerning ocean thermal energy conversion. Directs the Secretary to submit to Congress an annual report on the activities undertaken pursuant to this Act. Authorizes appropriations for plant and capital equipment for specified ocean thermal energy conversion demonstration plants.
![Official portrait of Rep. Howard, James J. [D-NJ-3]](https://www.congress.gov/img/member/h000840_200.jpg)