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United States · Official source
1,954 records where Rep. Nowak, Henry [D-NY-33] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 20 May 1980
Declares a certain individual to have been lawfully admitted to the United States for permanent residence, under the Immigration and Nationality Act.
United States · United States Congress · 14 May 1980
Authorizes and requests the President to designate the seven-day period beginning October 5, 1980, as "National Port Week." Directs the Secretary of Commerce to report annually to Congress on the conditions of U.S. public ports.
United States · United States Congress · 8 May 1980
Amends the Internal Revenue Code to provide that up to $100,000 of the investment tax credit shall be refundable.
United States · United States Congress · 8 May 1980
Export Trading Company Act of 1980 - Directs the Secretary of Commerce, through the Assistant Secretary of Commerce for Trade Promotion, to promote export trading companies and facilitate contacts between producers of exportable goods and export trading companies. Authorizes any banking organization to invest up to specified amounts in export trading companies without obtaining the prior approval of the appropriate Federal banking agency. Allows greater investment by Edge Act corporations not engaged in banking. Permits any banking organization to invest beyond such limitations after: (1) filing an application to make such investments with the appropriate Federal banking agency; and (2) proposed investment is not denied by such agency. Provides for judicial review of denial orders in the appropriate U.S. Court of Appeals. Sets forth the grounds for disapproval. Prohibits those banking organizations, and their affiliates, with an ownership interest in any export trading company from extending credit to such companies or customers of such companies on more favorable terms than those afforded to similar borrowers. Authorizes the Export-Import Bank of the United States to provide loans and guarantees to export trading companies for the financing of exports and export trade services in specified circumstances. Limits the amount of loans and guarantees to any one company and in the aggregate. Declares that such authority shall expire five years from enactment. Authorizes the Bank to provide loan guarantees to such companies or exporters to be secured by accounts receivable or inventories in specified circumstances. Permits State and local governments to participate in export trading companies. Declares that such companies shall be eligible for the Export-Import Bank's loans and guarantees under this Act. Amends the Webb-Pomerene Act to exempt export trading companies solely with respect to their export trade activities from antitrust restrictions. Amends the Internal Revenue Code of 1954 to make banking organizations which have invested in an export trading company eligible for treatment as domestic international sales corporations (DISC). Includes the gross receipts from the export of services produced in the United States and from export trade services as qualified export receipts, in the case of a DISC which is an export trading company. Directs the Secretary of Commerce, with the Secretary of the Treasury, to develop and distribute information concerning the utilization of the DISC provisions. Amends the Internal Revenue Code of 1954 to make export trading companies eligible for Subchapter S treatment if the shareholders of such companies are otherwise small business corporations. Exempts such companies from restrictions on the amount of foreign income they can receive and still be eligible for Subchapter S tax treatment.
United States · United States Congress · 7 May 1980
Amends the Small Business Investment Act of 1958 to transfer the authority to invest moneys in federally-guaranteed bonds from the (Treasury) surety bond fund to the (Treasury) qualified contract fund. Amends the Small Business Act to authorize the Administrator of the Small Business Administration to delegate certain responsibilities respecting deferred participation loans to participating lending institutions, including eligibility determination, loan monitoring, collection, and liquidation. Includes "Asian Pacific Americans" within the definition of socially disadvantaged groups for purposes of such Act.
United States · United States Congress · 7 May 1980
Amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA) to guarantee the payment of all principal and interest as scheduled on any debenture issued by any qualified State or local development company. Prohibits such a guarantee to be made unless: (1) the debenture is issued to permit a small business to use the proceeds of the loan for plant acquisition, construction, expansion, or conversion purposes; (2) private loan sources are unavailable; (3) the interest rate on such debenture is not lower than Treasury rates; (4) the aggregate amount of such debenture does not exceed the amount of loans to be made from the proceeds of such debenture; (5) the amount of any loan does not exceed 50 percent of the cost of the project with respect to which such loan is made; and (6) each loan is approved by the SBA. Authorizes the SBA to impose an administrative charge for such guarantees. Defines the term "qualified State or local development company" to mean a development company which has a full-time professional staff, professional management ability, and an active board of directors or membership.
United States · United States Congress · 7 May 1980
Amends the Small Business Act to specify that contract priority shall be given to small businesses. Revises the existing priority order for Federal contracts under set-aside programs to set forth the following order of priorities: (1) small businesses located in labor surplus areas, on the basis of a total set-aside; (2) small businesses, on the basis of a total set-aside; (3) small businesses located in labor surplus areas, on the basis of a partial set-aside; (4) small businesses, on the basis of a partial set-aside; and (5) businesses (regardless of size) that will perform a substantial part of their contract production in areas of concentrated unemployment or underemployment or in labor surplus areas. Repeals the existing provision terminating such priorities as of September 30, 1980.
United States · United States Congress · 7 May 1980
Provides for up to ten staff personnel for the office of the Chief Counsel for Advocacy of the Small Business Administration.
United States · United States Congress · 5 May 1980
Small Business Employee Ownership Act of 1980 - Declares the purpose of this Act to be to provide that a qualified employee trust shall be eligible for certain Small Business Administration (SBA) loan guarantees regardless of the percentage of stock of the business held by the trust, including loans for the purchase of small business majority stock interests. Amends the Small Business Act to define "qualified employee trust" as: (1) a trust which is part of an employee stock ownership plan as defined by the Internal Revenue Code of 1954 (a) which is maintained by a small business; and (b) entitles plan participants to direct the manner in which voting rights under qualifying employer securities are to be exercised respecting a corporate matter which must be decided by a majority vote of outstanding common shares voted; and (2) in the case where the trustee enters into an agreement with the SBA which is binding on the trust and on the small business and which provides that; (a) the guaranteed loan shall be used solely for buying qualifying employer securities of such business; (b) such business shall provide loan repayment funds and put up its property for security for such loan if necessary; and (c) all such purchased qualifying employer securities shall be allocated to eligible plan participants' accounts. States that a trust may be treated as a qualified employee trust with respect to a small business if: (1) the trust is maintained by an employee organization representing at least 51 percent of such business' employees; and (2) such business maintains a plan (a) which is designed to invest primarily in qualifying employer securities, (b) which provides for plan participants to direct specified employer securities voting rights exercised with respect to certain corporate matters, (c) which provides for repurchase of specified employer securities by the business, and (d) which meets other requirements that may be prescribed by the SBA; and (3) in the case of certain loan guarantees, such business enters into a trustee-SBA agreement (as set forth in this Act). Authorizes the SBA to guarantee certain loans to employee trusts for approved (by the SBA) stock purchases which will result in at least 51 percent employee trust-ownership of such business. Sets forth the requirements of such SBA approved plan. Requires periodic reports to be made to Congress respecting such loan guarantees. Directs the SBA to contract with an independent consultant for a study of the feasibility of loan guarantees directly to the seller of a small business concern in connection with the installment sale of such business. States that such study shall include an analysis of: (1) the extent of installment sales in the sale of small businesses; (2) the ability of the SBA to make credit judgments in connection with such sales; (3) the need for SBA loan guarantees to facilitate such sales; (4) financial institution participation; and (5) the anticipated cost of such a program. Directs the SBA to report to the appropriate House and Senate committees regarding such study not later than April 1, 1981.
United States · United States Congress · 1 May 1980
Small Business Development Center Act of 1980 - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make grants to States, regional entities, and any public or private institution of higher education to assist them in developing centers to provide small businesses with a broad range of advice, information, and assistance. Requires grant applicants to obtain matching funds on a 50-50 basis from non-Federal sources. Limits any recipient from receiving a grant greater than its pro rata (based on population) share of a $65,000,000 program, or $200,000, whichever is greater. Sets forth application guidelines. Authorizes the SBA to permit a center to provide assistance to small businesses within close proximity located in another State. Requires applicants to assist small businesses to solve their business problems in such areas as: operations, manufacturing, engineering, technology and development, personnel administration, marketing, sales, merchandising, finance, accounting, and business strategy development. Sets forth services to be provided by such centers including: (1) counseling; (2) information services; (3) research and surveys; and (4) financial, legal, and other business-related information and consulting sources. Authorizes the use of consultants, engineers, and testing laboratories. Directs the National Science Foundation and the National Aeronautics and Space Administration to cooperate with small business development centers participating in the program, to report annually to the SBA and the Congress, and to make recommendations to the SBA on continued funding. Directs the Administrator of the SBA to appoint a Deputy Associate Administrator for Management Assistance to administer the small business development center program. Establishes a National Small Business Development Center Advisory Board composed of nine members appointed by the Administrator to advise and confer with the Deputy Associate Administrator for Management Assistance. Requires each State small business development center to establish an advisory board appointed by the Governor to advise and confer with the Director of such State small business development center. Directs the SBA, with the advice of the Board, to establish an evaluation plan of the center program and to submit a report to the Senate Select Committee on Small Business and the House Committee on Small Business by January 31, 1982. Eliminates such program as of October 1, 1983. States that on or after October 1, 1979, the SBA shall only fund small business development center programs authorized by this Act. Stipulates that: (1) such restriction shall not apply in fiscal year 1980 to any center funded by the SBA before October 1, 1979; and (2) no such center funded in fiscal year 1978 may be funded in excess of $300,000 in fiscal year 1979.
United States · United States Congress · 1 May 1980
Urban Jobs and Enterprise Zone Act of 1980 - Title I: Designation of Private Jobs and Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of private jobs and enterprise zones by local governments, subject to the approval of the Secretary of Commerce, for purposes of extending the tax incentives provided by title II of this Act to employers and employees within designated zones. Specifies that the Secretary may only approve the designation of such zones if: (1) the area is within the jurisdiction of the designating local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000; and (4) the area meets specified unemployment and poverty requirements. Requires designating local governments, as a condition of the Secretary's approval, to effect a permanent real property tax reduction in their respective jurisdictions, which is not less than 20 percent of the current effective rate. Expresses the sense of the Congress that in the case of any application for designation of an area in a private jobs and enterprise zone as a foreign trade zone: (1) the Foreign-Trade Zone Board should expedite the application process; (2) the Board, in evaluating such application, should consider not only the current economic conditions within the zone, but also future development to be expected as a result of the incentives provided by this Act; and (3) the Board should provide technical assistance to the applicants. Title II: Tax Incentives - Amends the Internal Revenue Code to reduce social security payroll taxes in designated private jobs and enterprise zones. Reduces the rate of tax on the capital gains of individuals and corporations in such zones. Exempts gain from the sale or exchange of property used in a business in a private jobs and enterprise zone from the computation of the minimum tax. Reduces the rate of tax on the income of corporations whose workforce comprises at least 50 percent of individuals working in a private jobs and enterprise zone (qualifying businesses). Authorizes accelerated depreciation for qualifying businesses (straight line method based on a three year useful life). Limits the basis for depreciation to $500,000. Permits qualifying businesses to elect to use a cash method of accounting if their gross receipts do not exceed $1,500,000 in any prior taxable year. Allows a ten year carryover of net operating losses for qualifying businesses. Title III: Effective Dates - Specifies effective dates for provisions of this Act which apply to income tax and for provisions which apply to social security payroll taxes.
United States · United States Congress · 24 April 1980
Amends the Tariff Schedules of the United States to impose duties on valuable wastes which cannot be feasibly segregated and/or exported after the manufacturing process of articles that entered the United States free of duty under bond.
United States · United States Congress · 22 April 1980
Designates the building known as the United States Court House and Federal Building in Syracuse, New York, as the James M. Hanley Federal Building.
United States · United States Congress · 17 April 1980
Authorizes the President to redesignate the week of May 11, 1980, as "National Small Business Survival Week" rather than "National Small Business Week".
United States · United States Congress · 16 April 1980
Calls upon the President to: (1) increase humanitarian assistance to East Timor; (2) encourage Indonesia to allow free emigration from East Timor; (3) establish a U.S. presence in East Timor; and (4) encourage Indonesia to withdraw its troops from East Timor and allow self-determination for the East Timorese.
United States · United States Congress · 28 March 1980
National Ridesharing Act of 1980 - Transfers specified provisions of the Federal-Aid Highway Act of 1978 relating to carpool and vanpool projects to Federal highway law, as codified. Includes specified recipients of financial assistance under the Urban Mass Transportation Act of 1964 among those to whom the Secretary of Transportation may make grants and loans for carpool and vanpool projects. Prohibits the use of such grants for the construction of highway lanes as preferential carpool or vanpool highway lanes, or for the construction of parking facilities. Directs the Secretary to establish within the Department of Transportation a National Office of Ridesharing to coordinate all carpooling and vanpooling activities within the Department. Requires the Office, in connection with carpooling and vanpooling, to: (1) set national goals for reduction of pollution and traffic and conservation of motor fuel; (2) compile statistics; (3) perform economic analyses; (4) provide promotion, technical assistance, and public information; (5) evaluate national impacts of, and identify obstacles to, such programs; and (6) report and recommend legislation to Congress. Directs the Secretary to report annually on such programs to the President and the Congress. Prohibits the Secretary from approving, after January 1, 1982, the granting of such carpooling or vanpooling financial assistance to be used in any urban area of more than 50,000 population unless the Secretary finds that such assistance is based on a continuing comprehensive transportation planning process carried on cooperatively by States and local communities. Amends the Federal-Aid Highway Act of 1978 to increase the amount of the authorization of appropriations from the Highway Trust Fund for specified assistance for carpool and vanpool projects for fiscal year 1981 and to extend the authorization of such appropriations through fiscal year 1982. Increases the amounts authorized to be appropriated from the Highway Trust Fund for specified grants and loans for such projects for fiscal year 1979, 1980, and 1981, and extends such authorization of appropriations through fiscal year 1982. Provides that, to the extent authorized by Acts governing the use of funds available in the windfall profit tax account, such funds shall be available, as provided in appropriation Acts, for such financial assistance for such projects. Limits the amounts of such funds available for specified purposes in fiscal year 1982.
United States · United States Congress · 12 March 1980
Designates the week commencing with the third Monday in February of 1981 as "National Patriotism Week."
United States · United States Congress · 4 March 1980
Pollution Control Capital Recovery Act of 1980 - Amends the Internal Revenue Code to reduce from five to three years the amortization period for pollution control equipment.
United States · United States Congress · 27 February 1980
Food Security Act of 1980 - Declares it to be U.S. policy to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President, in order to carry out such policy, to establish a reserve stock of wheat of up to 4,000,000 metric tons for specified purposes. Permits stocks of wheat for such reserve to be acquired: (1) through purchases from producers or in the market, if the Secretary of Agriculture determines that such purchases will not unduly disrupt the market; and (2) by designation by the Secretary of stocks of wheat acquired by the Commodity Credit Corporation. Authorizes the President to release such designated or acquired wheat reserve stocks to provide, on a donation or sale basis, emergency food assistance to developing countries at any time that the U.S. domestic wheat supply is so limited that quantities cannot be made available for disposition, except for humanitarian purposes, under the Agricultural Trade Development and Assistance Act of 1954. Provides that up to 300,000 tons of wheat may be released from the reserve in any fiscal year for use under such Act in providing urgent humanitarian relief in developing countries which suffer major disasters (as determined by the President), in circumstances of unanticipated and exceptional need when the normal means of obtaining food assistance make timely programming impossible. Directs the President to report to the appropriate congressional committees on wheat so released and its timely replenishment. Allows such wheat to be processed in the U.S. and shipped to the recipient country as wheat flour, when necessary. Requires that such wheat be made available under such Act, with specified provisions as to determinations of availability inapplicable thereto. Directs the Secretary to provide for reserve management as to location and class of wheat needed to meet emergencies, rotation to avoid spoilage and deterioration, and prompt equivalent replacement of removed quantities. Specifies that stocks of wheat shall not: (1) be considered a part of the total domestic supply (including carryover) for certain purposes; or (2) be subject to any quantitative export limitations under the Export Administration Act of 1979. Directs the Secretary to utilize the funds and authorities of the Commodity Credit Corporation in carrying out this Act, except that any restrictions applicable to the acquisition, storage, or disposition of Corporation owned or controlled commodities shall not apply to wheat for or in the reserve. Requires that the Corporation be reimbursed for actual costs under such program. Declares final any determination by the President or the Secretary under this Act. Provides that: (1) this Act shall take effect on October 1, 1980; (2) the authorities of this Act shall expire on September 30, 1983; and (3) any wheat in the reserve when such authorities expire shall be distributed under the Agricultural Trade Development and Assistance Act in fiscal year 1984 and subsequent fiscal years.
United States · United States Congress · 26 February 1980
Amends the Powerplant and Industrial Fuel Use Act of 1978 to limit the sum of all severance taxes or fees, for any fiscal year, levied upon or collected from any taxpayer by a State or any political subdivision thereof on coal destined for shipment in interstate commerce for use in any powerplant or major fuel- burning installation or on any improvements or other rights, property, or assets produced, owned, or used in connection with the production of such coal. States that such tax shall not exceed a total of 12 1/2 percent of the value of such coal produced during a fiscal year.
United States · United States Congress · 26 February 1980
Title I: Amendments to Small Business Administration Business Lending Authority - Amends the Small Business Act and the Small Business Investment Act of 1958 to consolidate measures governing the granting of loans by the Small Business Administration to small businesses and to State and local development companies. Increases the total amount of loans which may be made to a borrower other than a State or local development company. Repeals measures which established programs for: (1) trade adjustment loans made to assist any firm to adjust to changed economic conditions resulting from increased competition from imported articles; (2) loans for businesses made with emphasis on the preservation or establishment of small business concerns located in urban or rural areas with high proportions of unemployed or low-income individuals or owned by low-income individuals; and (3) loans for small businesses involved in solar energy, other forms of renewable energy, and energy conservation. Prohibits the application of the National Environmental Policy Act of 1969 to any agreement to make or guarantee any assistance under the Small Business Act. Eliminates certain requirements of the annual report made by the SBA to the President and the Congress.
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 · 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
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
Establishes the Women's Rights National Historical Park in Seneca Falls, New York, to preserve and interpret the nationally significant historical and cultural sites and structures associated with the formal beginning of the struggle for equal rights for women. Authorizes the Secretary of the Interior to acquire such land, or interest therein he deems necessary, by donation, purchase with donated or appropriated funds, or exchange. Limits fee acquisition to specified Women's Rights Historic Sites in Seneca Falls, New York. Directs the Secretary to encourage local and State agencies to establish a preservation commission to develop and implement a plan for the preservation and rehabilitation of the area within the park boundary. Authorizes the Secretary to provide technical assistance and funding for such plan, up to a limit of 50 percent of the total cost. Establishes the Women's Rights National Historical Park Advisory Commission. Terminates such commission 10 years after the date of establishment of the park. Authorizes the Secretary to enter into cooperative agreements with appropriate nonprofit entities for developing and implementing programs related to the women's rights movement. Directs the Secretary, within three years, to submit to specified Congressional committees, a general management plan for the women's rights historic sites. Requires any Federal entity conducting or supporting activities directly affecting the park to consult with the Secretary prior to the issuance of final approval for such activity, license, or permit.
United States · United States Congress · 24 January 1980
Individual Investors' Incentive Act of 1980 - Amends the Internal Revenue Code to allow individual taxpayers a nonrefundable income tax credit equal to ten percent of the cost of corporate securities purchased by such taxpayer during the taxable year. Limits the dollar amount of such credit to $1,000 ($2,000 for married individuals filing jointly). Requires the recapture of specified amounts of such credit if any securities for which the credit is allowed are disposed of by the taxpayer within one year of their purchase. Disqualifies estates, trusts, and nonresident aliens from eligibility for the credit.
United States · United States Congress · 24 January 1980
Declares a named individual lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act. Requires the issuance of visas to certain relatives of such individual for admittance to the United States for permanent residence under such Act.
United States · United States Congress · 22 January 1980
Authorizes and requests the President to designate April 21 through April 28, 1980, as "Jewish Heritage Week."
United States · United States Congress · 20 December 1979
Repeals the provision designating the aquarium to be built by the city of Baltimore, Maryland, as the National Aquarium in Baltimore.
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 · 20 December 1979
Designates February 19, 1980, as "Iwo Jima Commemoration Day."
United States · United States Congress · 20 December 1979
Authorizes and requests the President to designate June 27, 1980, as "Helen Keller Day."
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 · 12 December 1979
Expresses the sense of Congress that social security benefits should remain exempt from all taxation.
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 · 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 · 4 December 1979
Designates the Ansley Wilcox House in Buffalo, New York, as the Theodore Roosevelt Inaugural National Historic Site to be administered by the Secretary of the Interior, acting through the National Park Service. Authorizes the Secretary to enter into cooperative agreements with the Theodore Roosevelt Inaugural Site Foundation or other qualified public or private entities for the operation, maintenance, management, development, and interpretation of such site.
United States · United States Congress · 4 December 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the taxation of any title II benefits.
United States · United States Congress · 27 November 1979
Title I: - Amends the Currency and Foreign Transactions Reporting Act to extend the current reporting requirement to include persons "attempting" to transport monetary instruments into or from the United States. Title II: Authorizes any customs officer who has reasonable cause to suspect that monetary instruments are being transported for which a report is required to search, without a search warrant, any vehicle, vessel, aircraft, envelope or other container, or person entering or departing from the United States. Title III: - Authorizes the Secretary of the Treasury to pay a reward to any individual providing original information which leads to a recovery of at least $50,000 by way of a criminal fine, civil penalty, or forfeiture for a violation of such Act. Makes ineligible for such payment any Federal, State, or local employee who furnishes information in the performance of official duties.
United States · United States Congress · 27 November 1979
Amends the Currency and Foreign Transactions Reporting Act to authorize the Secretary of the Treasury to pay a reward to any individual providing original information which leads to recovery of at least $50,000 by way of a criminal fine, civil penalty, or forfeiture for a violation of such Act. Makes ineligible for such payment any Federal, State, or local employee who furnishes information in the performance of official duties.
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 · 9 November 1979
Designates the week beginning June 22, 1980, as "National Athletic Boosters Week."
United States · United States Congress · 9 November 1979
Authorizes and requests the President to designate the week beginning on November 23, 1980, as "National Family Week."
United States · United States Congress · 2 November 1979
Hazardous Waste Response Fund Act of 1979 - States that the provisions of this Act shall not apply to oil or other pollution of navigable waters. Amends the Solid Waste Disposal Act to establish a hazardous waste response program for dealing with emergencies involving the release or threat of release of hazardous waste into the environment from sites now regulated under Federal law. Authorizes the Administrator of the Environmental Protection Agency to take such emergency response actions as determined to be immediately necessary to prevent or minimize any harm to public health or the environment when any hazardous waste is released or is threatened to be released into the environment. Stipulates that where the Administrator determines that the owner or operator of such site, the generator of such waste, any other person responsible for such release or threatened release, or the State or local government concerned, will take such emergency actions, the Administrator shall not exercise such emergency response authority. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such emergency actions where it is determined that such entities have the capability to carry out those actions. Sets forth the types of emergency actions which are authorized. Authorizes the Administrator to remove, contain, and clean up hazardous waste at or associated with any hazardous waste site which may present a danger to public health or the environment. Directs the Administrator not to exercise such authority if he determines that the owner or operator of such site, the generator of waste treated, stored or disposed of at such site, any other person responsible for such site, or the State or local government concerned, will take the action referred to in this paragraph. Authorizes the Administrator to make grants to, or enter into cooperative agreements or contracts with, State or local governments to undertake such actions where it is determined that such entities have the capability to carry out those actions. Sets forth the types of containment and removal actions which are authorized. Authorizes the Administrator to provide special rapid emergency assistance to State and local governments and to take such action, or assist other Federal agencies in taking actions as are deemed necessary to protect health and the environment from hazardous substances released into the environment in a manner which may present an imminent and substantial endangerment to public health or the environment. Stipulates that such assistance may be rendered and actions taken even where the Administrator is unable to immediately determine the applicability of any Federal law other than this Act or the existence of any authority to take remedial action with respect to such hazardous substance release. Requires the Administrator or such other Federal agency or instrumentality to reimburse the Fund established under this Act for amounts expended for emergency assistance or actions where it is determined that such action taken or assistance provided is authorized under any authority of law other that this Act. Directs the Administrator to issue a National Hazardous Waste Response Plan after appropriate public review and public hearings are completed. Sets forth the components of such plan, and requires that hazardous waste removal and containment and emergency assistance for releases of such wastes shall be in accordance with such plan. Requires that such plan set forth recommended methods, procedures, criteria, and equipment for handling released hazardous waste. Authorizes the Administrator to provide equipment and other items necessary for damage assessment and response capability of Federal, State, and local strike forces or other emergency response teams. Limits the Federal share of the cost of actions taken by the Administrator under this Act. Establishes in the United States Treasury a Hazardous Waste Response Fund to finance emergency response, removal, containment, cleanup, and other actions authorized by this Act, including administrative and personnel costs. Authorizes appropriations for fiscal years 1981 through 1984 for such fund. Includes in such fund: (1) fees collected under this Act; (2) damage payments received for liability for hazardous waste releases; (3) reimbursements for emergency assistance or for the costs of actions taken for removal, containment, or cleanup of hazardous waste releases; (4) penalties assessed under this Act; and (5) amounts authorized to be appropriated. Imposes fees to be set by the Administrator on: (1) suppliers of petrochemical feedstocks; (2) suppliers of inorganic elements and compounds; and (3) refiners and exporters of crude oil. Specifies the aggregate amounts of fees imposed under this Act which are to be collected from such parties. Authorizes the Administrator to reduce such fees upon his determination that any such feedstock, element, or compound is derived from the waste stream of a production process or from recycled materials. Imposes civil penalties for the failure or refusal to pay such fees. Directs the Administrator to issue regulations prohibiting the release of hazardous waste into the environment. Requires owners or operators of hazardous waste sites and persons responsible for hazardous waste releases or threatened releases violating the regulations issued under this Act to notify the Administrator thereafter. Prohibits any person from knowingly destroying or concealing records relating to hazardous wastes or hazardous waste sites. Authorizes the Administrator to require, by order, any owner or operator of a hazardous waste site or generator of hazardous waste to take such action as may be required for removal, containment, or cleanup of released hazardous waste. Authorizes the Administrator to commence a civil action against any person to impose a civil penalty for violation of regulations issued under this Act, up to $50,000 for single violations, and $250,000 for willful and knowing violations. Authorizes the Administrator to issue abatement orders or to seek equitable relief in the event of hazardous waste releases endangering or threatening to endanger public health or safety. States that the United States district courts shall have jurisdiction to grant such relief. Authorizes criminal penalties and imprisonment upon the owner or operator of a hazardous waste site or upon any other party responsible for a hazardous waste release for failure to comply with the notification requirements of this Act. Authorizes anyone taking actions under this Act as authorized by the Administrator to exercise the entry, inspection, and other authority contained in the applicable inspection provisions of the Solid Waste Disposal Act. Imposes strict liability upon any person causing or contributing to the release or threatened release of hazardous waste into the environment. Specifies the damages and costs for which such person shall be liable and states that such liability shall be to the governmental entity which incurred costs relating to removal, containment, emergency assistance or other actions, and to persons who sustained damages for personal injury, injury to property, and economic loss resulting from such release or threatened release. Stipulates that nothing in this Act shall affect the liability of any person under any other law except that the amount recovered under such other laws shall reduce the amount recoverable under this Act.
United States · United States Congress · 25 October 1979
Pay Continuity Act of 1979 - Appropriates the funds necessary to pay the salaries of employees of the executive branch of Government, Members of Congress, and members of the uniformed services during any period when such funds are not available because the legislation making appropriations to the Government entity responsible for paying such individuals has not been enacted.
United States · United States Congress · 19 October 1979
Expresses the sense of Congress that the President should instruct the U.S. delegation to the 1980 Madrid meeting of the Conference on Security and Cooperation in Europe to seek free elections supervised by the United Nations in the Baltic States after the withdrawal of all Soviet military and civilian personnel. Expresses the sense of Congress that the President should inform and gain the support and cooperation of other nations in realizing independence for the Baltic States. Expresses the sense of Congress that the: (1) President should warn the Soviet Union against making citizenship claims on U.S. citizens; and (2) Secretary of State should inform U.S. citizens planning to visit the Soviet Union of the implications of the Soviet law on citizenship.
United States · United States Congress · 17 October 1979
Amends the Small Business Act to extend until September 30, 1983, the authorization of the Small Business Administration to enter into contracts with Federal agencies having procurement powers. Extends to June 30, 1983, the requirement under such Act that the General Accounting Office report to Congress.
United States · United States Congress · 16 October 1979
Small Business Innovation Act of 1979 - Title I: Amendments to the Small Business Act - Amends the Small Business Act to empower the Small Business Administration to provide management assistance in addition to technical assistance to small business concerns to obtain government contracts for research and development. Directs the SBA to consult and cooperate with other Government agencies in furthering the purposes of the Small Business Act. Directs each Federal agency to target an increase of its research and development budget to be obligated for prime contract awards to small business concerns by at least two percent more than the percent of such awards made in the preceding fiscal year. Requires the increase to begin in fiscal year 1980 and continue until such concerns are receiving at least 20 percent of such awards. Directs each agency to fully utilize procurement methods authorized under this Act in order to achieve the target levels. Requires each Federal agency having a research and development budget of $100,000,000 or more to initiate and conduct a small business innovation research competitive solicitation program. Directs that funding for such program shall be made available from each agency's budget and that each agency, utilizing applicable procurement methods, award to small business concerns at least 50 percent of its annual target for prime contracts. Directs each agency to conduct its program in accordance with such rules and regulations as are established by the SBA, including: (1) identifying specific and definable categories of projects; (2) establishing a simplified, standardized acquisition process; and (3) developing solicitation release schedules for notifying small business of contract opportunities. Requires the SBA to develop and maintain a master solicitation release schedule, source file, and informational program to facilitate small business participation in federally funded research and development. Directs the National Science Foundation and the Office of Federal Procurement Policy to provide advice and assistance to the SBA in the promulgation of such regulations. Requires the Administrator of the Office of Federal Procurement Policy, in cooperation with the SBA, to insure that such regulations provide the maximum practicable opportunity for small business concerns to perform federally funded research and development contracts. Provides that such regulations shall include: (1) the elimination of cost-sharing requirements and the allowance of negotiated fees on all contracts; (2) the opportunity for fair and equitable competition for contract awards; (3) a fair and prompt review of unsolicited proposals and the opportunity to receive sole source awards; (4) the consideration of independent research and development and bid and proposal costs as expenses under the contract in the fiscal year in which they occur; (5) the requirement for the Departments of Defense and Energy and the National Aeronautics and Space Administration to conduct periodic breakout reviews of all proposed large-scale systems contracts; (6) the opportunity for women-owned and minority business firms to be considered for research and development contracts; (7) the evaluation of procurement personnel performance in the award of contracts to small and minority business concerns; and (8) the responsibility to identify, study, and eliminate discrimination practices in procurement systems. Requires all Federal agencies to promulgate regulations which, insofar as practicable, impose the least amount of regulatory burden on small businesses. Directs the Securities and Exchange Commission to conduct an annual review of its rules and regulations which have the effect of restricting small business concerns from access to securities markets and to report to the appropriate congressional committees relative to the results of such review. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to provide procedures for sales and exchanges of interests in qualified small business concerns. Allows a taxpayer who sells an equity interest in any such business and purchases replacement property within 18 months, to elect that the gain from such sale be recognized to the extent that the amount realized exceeds the costs of the replacement property. Requires that such election be filed with the Secretary of the Treasury in such manner as the Secretary may prescribe. Requires, for purposes of this Act, that an exchange of equity interest shall be treated as a sale of such interest and the acquisition of replacement property on such exchange shall be treated as a purchase of such property. Requires that the determination of whether an equity interest in a small business concern be made at the time such interest is acquired by the taxpayer. Provides limitations on stock sales with respect to any equity interest in a qualified small business concern. Requires a reduction on the basis of replacement property in the case of nonrecognition of gain on the sale of equity interest in qualified small business concerns. Provides a statute of limitations for the assessment of any deficiency attributable to gain from the sale of equity interest in such business concerns. Provides technical and conforming amendments to the Internal Revenue Code applicable to provisions of this Act. Permits employees of qualified small concerns to exercise stock options within ten years after the date such option was granted. Provides for a reduction of capital gains tax for such business concerns held by a taxpayer for at least 5 years. Grants a capital loss carryover to a taxpayer to the extent such loss is attributable to an investment in such business concern for the ten succeeding years after the loss year. Allows a tax deduction for contributions to research and experimental expenditure reserves equal to the amount of such cash contribution during the taxable year, subject to specified limitations. Provides that such reserves shall be considered tax-exempt organizations under provisions of the Internal Revenue Code. Requires that amounts distributed to any person from such reserve shall be included in the gross income of such person, unless such amount relates to a research and experimental expenditure expense. Amends the definition of small business corporations under the Code to specify that such corporation does not have more than 100 shareholders and does not have as a shareholder a person who is not an individual or corporation. Removes limitations on amounts allowable for tax losses with respect to stock issued by qualified small business concerns. Sets forth effective dates for amendments made under this Act. Allows a qualified small business concern to treat research and experimental expenditures for the acquisition or improvement of property as expenses not chargeable to its capital account. Allows such concerns to treat such expenditures for any property subject to a depreciation or depletion allowance as deferred expenses, and in the case of a building such deferred expense shall be allowed ratably over a period of 120 months. Title III: Patents and Inventions - States that it is the objective of this Act to amend existing patent procedures in order to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Permits Federal agencies which have supported such projects to retain title to inventions through their funding agreements in specified circumstances, including when necessary to conduct foreign intelligence or counterintelligence activities. Requires review of agency determinations that such circumstances exist by the Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration. Directs the Comptroller General to report to Congress on the implementation of this Act by Federal agencies. Enumerates provisions which must be included in funding agreements between Federal agency and a small business firm or nonprofit organization including provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an organization, other than small business firms, from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Provides that the first commercial use with respect to a product of the invention shall not end the exclusive period to different subsequent products covered by the invention. Requires the head of a Federal agency to approve provisions of a funding agreement which require the licensing to third parties of inventions owned by the contractor. Sets forth terms and conditions under which such approval may be granted. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assigns to grant licenses in order to: (1) achieve practical application of the invention in its field of uses; (2) alleviate health or safety needs; (3) meet requirements for public use specified by Federal regulations; or (4) achieve participation by United States industry in the manufacturing of an invention. Entitles the government to 15 percent of all net income in excess of $70,000 gross income received by a contractor after a patent application is filed on a subject invention. Provides that if a contractor receives a gross income of $1,000,000, the government shall be entitled to a share of the excess of $1,000,000 that shall be negotiated but not to exceed five percent of such excess. Limits the government share of any such excesses to its contributions under the funding agreement. Authorizes and directs the Director of the Office of Federal Procurement Policy to revise the government entitlements in light of changes to the Consumer Price Index or other indices at least every three years. Declares such government entitlements applicable to subject inventions upon which United States patents are granted and in effect. Restricts the assignment and licensing of rights by patent holders to foreign owned or controlled firms unless such persons agree that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States where commercially feasible. Authorizes Federal agencies to withhold information on inventions from public disclosure. Specifies the authority of Federal agencies with respect to obtaining patents, granting licenses, and transferring custody of patents. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Prohibits licensing which lessens competition. Directs that business firms be given preference in exclusive or partially exclusive licensing. Enumerates provisions which must be contained in any grant of a license by a Federal agency. Declares that this Act shall take precedence over any other Act in the disposition of inventions. Directs the Commissioner of Patents and Trademarks to establish regulations governing: (1) the citation to the Patent and Trademark Office of prior art patents or publications which are pertinent to a later patent; and (2) the reexamination of a patent to determine whether such a prior patent or publication has any bearing on the patentability of any claim of such patent. Authorizes any individual to: (1) cite to the Office any such prior patent; and (2) request such a reexamination. Requires the Commissioner within 90 days of such a request to make a determination as to whether the cited prior patent raises a new question of the patentability of any claim of the later patent. Authorizes the Commissioner on his or her own initiative to make such a determination at any time. States that a determination that no new question is raised shall be final. Directs the Commissioner, upon determining that there is a new question of patentability, to order and conduct a reexamination. Requires that the patent owner be provided at least two months to file a statement on such question and that the person making the reexamination request be provided two months to respond to such statement. Declares that the patent owner shall be provided an opportunity in any reexamination to amend any claim of the patent in order to distinguish the claim from the prior patent cited, or in response to a decision adverse to the patentability of the claim. Authorizes the owner to appeal any adverse decision. Directs the Commissioner, upon the conclusion of any reexamination or appeal proceeding, to issue and publish a certificate cancelling any unpatentable claim, confirming any valid claim, and incorporating any amended claim in the patent. Declares that no prior patent or publication may be relied upon as evidence of nonpatentability in a civil action involving the validity or infringement of a patent unless: (1) the prior patent or publication was cited by or to the Office regarding application or reexamination proceedings for the patent; or (2) the court concludes that consideration of the prior patent or publication in such proceedings is unnecessary for adjudication. Sets forth circumstances under which a court may stay the proceedings of a civil action involving the infringement or validity of a patent to enable either party to such action to secure a determination on a request for reexamination of the patent by the Patent and Trademark Office. Provides the moving party in such action the right to dismiss the complaint commencing such action.
United States · United States Congress · 16 October 1979
National Water Resources Policy and Development Act of 1979 - Title I: Directs States to review periodically their water resources needs. Authorizes the States to request the Water Resources Council for detailed studies of specific water resources needs. Directs States to submit to the Council a list of authorized studies which have not been completed and which are necessary to meet identified water resources needs. Authorizes the appropriate Federal water resources agency to make detailed evaluations of specific water resources needs upon referral by the Council. Stipulates that the State or other non-Federal body must agree to pay ten percent of the costs of the study before any study may be initiated. Provides for State employees to work in coordination with the appropriate agency. Requires such agencies to assure that studies are equitably undertaken on a regional basis. Directs States to develop and submit to the Council annually a priority list of water resource needs and projects. Stipulates that such lists will be deemed approved after 60 days unless the Council finds that such list was developed without adequate public participation. Requires reports to be filed by the appropriate agency with the Council and appropriate States upon completion of studies of water resource projects. Provides for the authorization of construction of such projects upon: (1) certification by the Governor to the Council that a project is needed and entitled to priority consideration; and (2) recommendation of construction by the appropriate agency. Stipulates that if a Governor of a State affected by such project objects to the Council within 90 days, then such project must be authorized by Congress. Requires the States or other non-Federal bodies to agree to pay specified percentages of the costs of construction and operation of such projects. Permits the use of the Inland Waterways Trust Fund to pay the non-Federal contribution for commercial inland navigation projects. Requires any revenues from such projects to be shared between the non-Federal interests and the participating Federal agencies based on their percentage contribution to the project. Sets forth the formula for allocating authorized funds by the Council among the States. Terminates projects authorized prior to this Act if: (1) construction has not begun within five years of enactment of this Act; and (2) the project is not on a State's priority list. Authorizes the Council to study and propose legislation authorizing construction of regional water resources projects which have national significance and priority. Directs the Council to select up to 25 of such projects from among projects authorized prior to enactment of this Act which shall be eligible for direct funding by Congress without regard to specific limitations in this Act. Stipulates that such projects, if authorized specifically by Congress, shall be constructed at full Federal cost. Permits States to apply to the Council for loans to finance the construction of projects authorized prior to this Act. Requires the Council to report to Congress concerning: (1) national priorities for water resources development; (2) the needs for cost-effective development of the projects; and (3) the best ways to achieve the maximum efficient use of water supplies from existing Federal projects. Prohibits the construction of water resource projects designed to bring land into production for crops receiving Federal price supports until such studies are submitted. Title II: Amends the Water Resources Planning Act to provide for an independent Water Resources Council. Revises the composition of such Council to include experts in the engineering or economics of water resources development.