United States · United States Congress · 19 June 1979
Synthetic Fuels Production Act of 1979 - Title I: Findings and Purposes - Declares that the purpose of this Act is to establish a synthetic fuels and alternate fuels production plan for the Nation. Title II: Corporate Status, General Powers, Subsidiaries, and Tax Status - Establishes the Syn-Fuels and Alternate Fuels Authority which shall be responsible for directing the production of synthetic fuels. Sets forth the general powers of such Authority, including the power to create subsidiary corporations to carry out one or more of the functions of the Authority. Exempts the Authority from all State and Federal taxation except real property taxes and taxes imposed on any entity acquired or established by the Authority which engages in energy-related enterprises. Title III: Financial Assistance - Authorizes the Authority to provide financial assistance to any business concern engaged or which proposes to engage in synthetic and other alternate fuel projects. Sets forth criteria for granting such assistance and specifies application procedures, interest rates, and other conditions for obtaining such assistance. Authorizes the Authority to make loan guaranties to any lender for loans made to any business concern where such funds would contribute to accomplishment of the purposes of this Act. Limits the total amount of financial assistance to be provided by the Authority to the sum of the amount authorized as capital of the Authority and the amount the Authority is authorized to borrow under this Act. Authorizes the Authority to make high-risk loans or direct investments or to provide other direct financial assistance which the Board of Directors of the Authority determines will further the purposes of this Act. Authorizes the Authority to sell equity securities. Authorizes the President to appoint an advisory panel to study and report on the effects of issuance of obligations and provision of financial assistance by the Authority on the functioning of the Nation's capital markets. Title IV: Capitalization and Finance - Authorizes capital stock of the Authority in the amount of $25,000,000,000 and authorizes the appropriation of $25,000,000,000 for this purpose. Authorizes the Authority to issue and to have outstanding at any one time notes, debentures, bonds, or other obligations in the aggregate principal amount of $50,000,000,000. Exempts the receipts and disbursements of the Secretary of the Treasury in connection with the purchase or redemption of, and income from, capital stock of the Authority from inclusion in the totals of the budget of the United States. Title V: Management - Vests the power of the Authority to act in the Board of Directors, except as specified. Provides for the appointment of a Chairman of the Board and other directors and sets forth the duties of the Chairman. Sets forth provisions relating to officers and employees, conflicts of interest, delegation of authority, fiscal year reviews and audits, and reports and recordkeeping. Title VI: Priority Energy Project Act - Priority Energy Project Act of 1979 - Declares that the purpose of this title is to provide for a coordinated, simplified, and expeditious, process for Federal approval of energy facilities that are determined to be in the national interest. Directs the Secretary of Energy to designate priority energy projects based on specified criteria. Directs the Authority to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Directs the President to make any decisions or perform any actions in the event that an agency or department fails to meet its deadline, provided that there has been notice and an opportunity for public comment on such decision. Limits environmental and judicial reviews to those of absolute necessity. Authorizes the Authority to establish deadlines for Federal agency action which are shorter than the minimum period required under existing legislation in cases of exceptional national need. Provides for coordination of the actions of Federal State and local governments. Directs the Authority to recommend to any State Governor and to the Congress actions to alleviate or prevent any delays in a priority energy project created or threatened by any State or local government. Sets time limits for filing claims arising out of actions pursuant to this title and bars any claims filed thereafter. Stipulates that such claims shall be brought in the United States court of appeals for the circuit where the project would be located and grants exclusive original jurisdiction to such court in such matters. Directs such court to give precedence to such matters over all other matters on the court's docket, to the greatest extent practicable. Authorizes the Supreme Court, exclusively, to review interlocutory judgments or orders of the court of appeals pursuant to this title and directs the Supreme Court to give precedence to such matters to the greatest extent practicable. Prohibits the granting of injunctive relief against the issuance of any right-of-way, permit, lease, or other authorization pursuant to this title except in conjunction with a final judgment on a claim filed pursuant to this title. Establishes an Office for Priority Energy Projects within the Department of Energy to assist the Secretary with his duties under this title. Title VII: Production Goals of the Authority - Directs the Authority to establish a set of goals for the commercial production by the year 1990 of synthetic fuels such as oil shale, coal gas and liquids, and such processes as urban waste reuse, geothermal power, solar power, biomass conversion, and other such resources. Authorizes the Authority to supervise the construction, management, operation, and production of fuels from an Authority-owned synthetic fuels facility to meet part of the fuel needs of the Department of Defense if certain specified conditions obtain. Directs the Authority to establish timetables for the production by the year 1990 of at least 1.5 million barrels of oil equivalent a day from the three technologies of oil shale, coal gas, and coal liquids, and a timetable to reach certain other commercial goals of production for other syn-fuels processes and other alternate fuels processes. Requires the Authority to report to Congress periodically on the progress toward meeting the 1990 goals and to submit its books to periodic audits. Title VIII: Unlawful Acts and Penalties - Imposes fines and/or imprisonment under this Act for the following acts: forgery; false statements; misappropriation of funds; infringement on name; and unlawful contracts. Title IX: General Provisions - Makes provisions for coordination of Authority activities with other entities, severability, termination and liquidation of the Authority, relationship to other laws, and the reservation of right to amend or repeal this Act. Stipulates that the provision of financial assistance under this Act shall be deemed to be a "major Federal action" for the purposes of the National Environmental Policy Act of 1969 when: (1) no other Federal agency is required to prepare an environmental impact statement; and (2) such financial assistance is in fact a major action significantly affecting the quality of the human environment.
United States · United States Congress · 13 June 1979
Amends the Federal Water Pollution Control Act to grant an additional allotment of funds for the construction of publicly owned waste treatment works to any State which has obligated 90 percent or more of the funds previously allotted to it for such purpose by March 31 of any fiscal year. Makes such additional funds available for the fiscal year for which such funds were authorized, and for the succeeding 12 months. Provides that any funds unobligated at the end of such period be allotted equally among the other States. Makes adjustments in the amount of additional funds allocated for a State where funds previously authorized proved inadequate. Authorizes appropriations for such additional funds. Sets the amount of funds authorized to be reserved each fiscal year to two percent of the amount authorized to be appropriated for allotments to States under this program. Makes funds allotted to the States for fiscal years 1978 and 1979 available for the next succeeding 24 months. Provides for the reallotment of funds not obligated at the end of such period to all States except those which failed to obligate any of the funds being realloted. Stipulates that such realloted funds be in addition to those otherwise allotted to such State for grants under this program.
United States · United States Congress · 12 June 1979
Work and Training Opportunities Act of 1979 - Amends the Comprehensive Employment and Training Act (CETA) to provide financial assistance to States for the conduct of job search assistance programs run by the States and Native American entities; and (2) federally assisted work and training opportunities, beyond such eight-week programs, run by State and local CETA prime sponsors and Native American entities. Directs the Secretary of Labor to apportion funds for search assistance programs among State and Native American entities according to specified criteria, including the relative numbers of recipients of aid to families with dependent children (AFDC) under the Social Security Act in each State and in geographical areas within each State. Limits Federal assistance for such State programs to 90 percent of costs. Requires that eligible individuals for such programs be (1) adults in families which meet AFDC eligibility standards or (2) registered under the work incentive program (WIN) of the Social Security Act. Requires that job search program services provided through cooperative arrangements between States and local CETA prime sponsors include: (1) instruction in job search techniques; (2) group job search activities; (3) private sector job development; (4) referrals to unsubsidized jobs; (5) supportive services, such as child care, transportation, and medical care; (6) short term remedial services; (7) employability development planning; and (8) referral of eligible individuals to federally-assisted work or training after an eight-week job search period or continuing job search assistance for individuals not so placed or not so eligible. Directs the Governor of each State requesting assistance for such programs to submit a comprehensive State plan to the Secretary. Sets forth criteria for such plans. Directs the Secretary, after consulting the Secretary of Health, Education, and Welfare, to approve such plans and annual program modifications thereof only if certain criteria are met. Requires that such plans and modifications be prepared and developed with the active participation of the State employment and training councils established under CETA, all local CETA prime sponsors, and specified State agencies. Permits prime sponsors to appeal to the Secretary if dissatisfied with arrangements for such programs in their areas. Directs the Secretary, in cases of nonexistent or unapproved State plans or unsatisfactory implementation of State or area programs to make direct payments to public agencies or private nonprofit organizations to carry out such programs in such States or areas. Directs the Secretary to issue certain regulations for such programs only after the Secretary of Health, Education, and Welfare agrees to such regulations. Directs the Secretary to apportion funds for federally assisted work and training opportunities among State and local CETA prime sponsors and Native American entities according to specified criteria, including the relative numbers of AFDC recipients in each area served by such prime sponsors. Require that eligible participants for such work and training positions: (1) have participated in a job search program for the prior eight weeks; (2) have not refused a bona fide job offer since the beginning of the job search period; and (3) be the principal earner in a family with a child. Limits administrative and related costs of such opportunity programs to 20 percent of costs. Requires remaining funds to be used for wages (including training time compensation) and employment benefits to persons placed in such positions. Stipulates that such federally assisted work and training opportunities shall include: (1) public service employment; (2) vocational, remedial, and on-the-job training positions in the private sector; (3) supportive services; (4) flexible working arrangements; (5) provision for return to a similar work and training position after absence due to incapacity or a short-term job; and (6) referrals to other private or public employment. Limits individual participation in such subsidized work or training positions to a maximum of 78 weeks, renewable upon completion of another eight-week job search. Requires prime sponsors receiving such financial assistance to include satisfactory provisions for such work and training opportunities in their CETA comprehensive plans and to make arrangements with the job search assistance program to assure a continuous sequence of services for participating individuals. Directs the Secretary to prescribe standards and procedures for determining whether an individual has refused a bona fide job offer without good cause. Sets forth certain conditions under which an individual shall not be found to have so refused such an offer. Directs the Secretary to apportion 62.5 percent of CETA funds currently available to prime sponsors for specified employment programs to provide public service employment for certain individuals from welfare eligible families.
United States · United States Congress · 2 May 1979
Voluntary Broadened Stock Ownership, Job Preservation, and Community Stabilization Act - Directs the Secretary of Commerce to conduct a continuing investigation to identify those industrial, manufacturing, business, agricultural, and service organizations which are in danger of ceasing operation or of outmigration and whose closing or relocation would result in substantial unemployment and economic dislocation in the community. Directs the Secretary to conduct a similar program where a concern is available for purchase and the employees, or the employees and the community, wish to acquire it through certain forms of ownership and control. Directs the Economic Development Administration (EDA), with the approval of the Secretary, to provide loans for technical assistance and loan guarantees for startup and operating costs to an employee or employee-community corporation which meets certain requirements in order that it may assume ownership and operation of an organization so identified. Conditions loans upon, among other factors: (1) certification that the corporation will allow new employees to participate and will adopt a method for acquisition of stock of persons no longer associated with the organization for the purpose of making it available to all employees on a nondiscriminatory basis; and (2) compliance with the requirements of the Internal Revenue Code of 1954. Directs the EDA, with the approval of the Secretary, to authorize guarantees of loans to approved employee organizations or employee-community organizations to provide equity funding for the purchase of the concern. Permits such organizations to adopt any ownership form they choose, provided that: (1) all employees of the concern will be offered an opportunity to participate in the ownership plan; and (2) employees subject to a collective bargaining agreement will be included in such an offering, unless the representing union waives, in writing, such participation. Provides for nondiscrimination in the programs funded by this Act. Amends the Internal Revenue Code of 1954 to allow: (1) greater employer contributions for certain purposes to employee stock ownership plans; and (2) residents of a political subdivision of a State to participate in a particular general stock ownership corporation if such distinction is warranted by such corporation's business and is nondiscriminatory.
United States · United States Congress · 10 April 1979
Amends the Emergency Petroleum Allocation Act of 1973 to extend the effective period of ceiling prices established by the President and applicable to any first sale of crude oil produced in the United States. Extends the President's authority under such Act to December 31, 1982.
United States · United States Congress · 9 April 1979
Small Business Development Center Act of 1979 - Amends the Small Business Act to implement a pilot program to establish small business development centers in order to provide management, technical, and technological assistance to small businesses. Authorizes the Small Business Administration to make grants to, or enter into contracts or cooperative agreements with, States, regional entities, State-chartered development credit or finance corporations, 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. Entitles such applicants to an amount of funds for programs in fiscal years 1980 through 1982 based on the percent of the population proposed to be served as compared to total population in the United States. Requires applicants to assist small businesses to solve their business problems in such areas as: operations, manufacturing, engineering, technology exchange and development, personnel administration, marketing, merchandising, finance, accounting, and business strategy development. Stipulates that a center must employ on a full time basis a director, business analysts, technology transfer agents, and information specialists. Requires that the services provided by a center should include, but not be limited to, counseling on a one-to-one basis and solutions for complying with environmental, energy, health, safety, and other Federal, State, and local regulations. Directs the National Science Foundation and the National Aeronautics and Space Administration to cooperate with small business development centers participating in the program and to report annually to the Small Business Administration and the Congress and to make recommendations to the Small Business Administration on continued funding. Directs the Administrator of the Small Business Administration 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. Directs the Administration, with the advice of the Board, to establish an evaluation plan of the center program and to submit a report to the appropriate committees of Congress within three years. Prohibits the Administration from funding any small business development center program except as authorized by this Act.
United States · United States Congress · 9 April 1979
Affirms that farmer cooperatives are a vital and necessary element in maintaining and promoting the family farm system of food production. States that the Department of Agriculture and all appropriate budget appropriation review groups should recognize the need to reinforce and expand programs of cooperative research, service, education, and other cooperative assistance. Declares that the Department should: (1) establish an Office of Farmer Cooperatives to coordinate such programs; and (2) take other aggressive leadership toward expanding resources for cooperative work.
United States · United States Congress · 5 April 1979
Interstate Land Sales Full Disclosure Act Amendments of 1979 - Revises specified requirements concerning the sale or lease of lots located within a municipality or county under the Interstate Land Sales Full Disclosure Act. Requires that a title insurance binder or title opinion be presented to the purchaser prior to the time of closing. Exempts the following transactions from the terms of the Interstate Land Sales Full Disclosure Act: (1) sale or lease of real estate by a developer who is engaged in a sales operation which is intrastate in nature, and (2) the sale or lease of real estate by a developer who has fulfilled specified conditions to the resident of another State when the principal residence of the purchaser is within a radius of 100 miles from the property. Directs the Secretary of Housing and Urban Development to conduct all actions brought under the Interstate Land Sales Full Disclosure Act in accordance with the Administrative Procedure Act.
United States · United States Congress · 4 April 1979
Federal Assistance Reform Act - Title I: Administration of Generally Applicable Federal Assistance Requirements - Adds a new title to the Intergovernmental Cooperation Act of 1968. Defines "generally applicable requirements" as requirements which are placed on assistance recipients by Federal legislation or administrative rules and regulations, and which apply to two or more assistance programs. Directs the President to designate Federal agencies to establish standard rules and regulations for, and to report on the implementation of, generally applicable requirements in the areas of: (1) labor practices; (2) public employee standards; (3) equal services requirements based on prohibitions of discrimination; (4) access to government information; (5) relocation and real property acquisition; (6) procurement standards; (7) planning; (8) finance and administration; (9) citizen participation; and (10) environmental protection when such requirements are part of a Federal assistance program. Directs Federal departments and agencies to comply with those rules within 120 days after such a rule is issued. Permits a designated agency to submit for review by the President and subsequently, by Congress a legislative proposal to exclude certain Federal assistance programs from all or part of its standard rules. Directs the President to designate the Office of Management and Budget (OMB) to oversee the the administration of this title. Title II: Consolidation of Federal Assistance Programs - Directs the President to: (1) examine Federal assistance programs; and (2) prepare and transmit to Congress a plan for consolidating functionally related programs upon determining that such consolidation would improve the administration or efficiency of such programs. Requires that such a plan: (1) designate one agency to administer a consolidated program; (2) expire no later than six years after becoming effective; and (3) be transmitted to Congress before December 31, 1984. States that any such plan shall become effective upon approval by the President of a congressional resolution approving such plan. Sets forth House and Senate procedure for considering such a resolution. Requires the President to report to Congress annually on consolidation plans which are proposed and implemented under this title. Title III: Integrated Grant Development - Repeals the Joint Funding Simplification Act of 1974 and institutes in lieu thereof the Integrated Grant Development Act of 1979. Requires Federal agencies to take specified measures previously authorized by the Joint Funding Simplification Act to provide for joint funding by and management of Federal assistance programs which have common interests. Directs the President to designate the OMB to take specified measures to carry out the provisions of this title. Title IV: Advance Appropriations - Amends the Intergovernmental Cooperation Act of 1968 and the Budget and Accounting Act, 1921 to provide for multi-year funding of Federal financial assistance programs. Title V: Miscellaneous - Requires Federal agencies, under the Intergovernmental Cooperation Act of 1968, to provide the officials of a State or local government receiving Federal assistance with information concerning the amount and purpose of that assistance. Directs the OMB to develop the system of providing such information and to oversee agency compliance with this title. Authorizes Congress to include in Federal assistance legislation a provision which prohibits a State or local government from using Federal assistance to replace funding previously provided by that government. Authorizes the head of an agency to waive such a prohibition upon determining that it would cause extraordinary fiscal hardship.
United States · United States Congress · 27 March 1979
Small Business Loan Reform Act of 1979 - Amends the Small Business Act to empower the Small Business Administration (SBA) to guarantee or insure loans to small business concerns directly through banks and other private financial institutions. Requires the SBA to certify a financial institution according to published criteria developed in cooperation with appropriate regulatory agencies. Allows a financial institution to be certified to participate in the loan program if its respective regulator verifies that the institution has the necessary expertise to make small business loans. Stipulates that qualified financial institutions shall be responsible for all loan administration functions, including size determination of the small business concern, credit analysis, loan monitoring, and loan collection and liquidation. Stipulates that such SBA loans shall not: (1) be extended if financial assistance is otherwise available on comparable terms from non-Federal sources; (2) be insured in excess of 90 percent of the balance of the loan outstanding at the time of disbursement; (3) be made for a period exceeding ten years, except that portion of a loan made for the purpose of acquiring real property; and (4) exceed $350,000 each. Requires that lending institutions pay to the SBA a guarantee fee or insurance premiums. Stipulates that the amount of such fee shall be determined actuarially to cover all anticipated future loan losses. Authorizes the SBA to reimburse a qualified financial institution which has made a good faith effort to recover all unpaid amounts if there is a default on an SBA loan. Requires regulators in their routine examination or audit of financial institutions to review an appropriate number of outstanding SBA loans made under authority of this Act. Directs the SBA to examine annually small business lending companies. Requires regulators to determine if commonly accepted lending practices have been followed by financial institutions qualifying to make loans under authority of this Act. Allows the SBA to decertify a financial institution if in the course of the routine examination an unsatisfactory report is made or losses rise above a certain fixed percentage as determined by the SBA. Requires that a qualified financial institution file only an abbreviated report with the SBA, retaining all other information needed for compliance for examination by the regulator during the routine audit. Allows the SBA to require that only a small business concern receiving a loan under authority of this Act be certified as a small business according to SBA size standards. Establishes within the Treasury a separate revolving fund for guarantees or insurance which shall be available to the SBA without fiscal year limitation.
United States · United States Congress · 27 March 1979
Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health, Education, and Welfare to designate an official name for any prescription drug within the purview of such Act. Deems such a prescription drug misbranded if its labeling or advertising bears any name other than such official name. Authorizes the Secretary to exempt such a prescription drug from this labeling and advertising requirement for up to one year in order to avoid confusion and permit the orderly transition of labeling and advertising names.
United States · United States Congress · 27 March 1979
Amends the Federal, Food, Drug and Cosmetic Act to permit the Secretary of Health, Education, and Welfare to provide for batch-by-batch certification of a drug within the purview of such Act intended for human use. Establishes the criteria for such certification. Permits the Secretary to issue a release, in lieu of certification, for any batch manufactured prior to the effective date of such certification if the Secretary judges such batch safe. Authorizes the Secretary to exempt certain drugs or categories of drugs from this Act. Permits any interested party to file a petition proposing the issuance, amendment, or repeal of any regulation issued under this Act. Requires the Secretary to: (1) publish notice of such proposal; (2) afford all interested parties an opportunity to present their views; (3) make public his action on such proposals; (4) hold public hearings if objections are made to such action; and (5) make public his action on such objections. Requires every person engaged in the manufacture, compounding, or processing, of any drug within the purview of such Act to maintain records and make such reports relating to clinical experiences as the Secretary determines necessary to assure compliance with such Act.
United States · United States Congress · 27 March 1979
Amends the Federal Food, Drug, and Cosmetic Act to require the labeling of certain drugs, whose safety, effectiveness, or potency become diminished after storage, with the date beyond which the drug should not be used.
United States · United States Congress · 27 March 1979
Title I: Federal Drug Compendium - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health, Education, and Welfare to prepare and publish a drug compendium and distribute it to all practitioners licensed to prescribe and administer drugs. States that the compendium shall list all drugs by established name and requires such listing to include adequate and reliable prescribing information for each drug. Directs the Secretary to list the proprietary names of all listed drugs and the names of suppliers from whom such drugs may be obtained. Allows the Secretary to issue a price information supplement to the compendium. Permits the Secretary to exclude any drug of questionable safety from the compendium. Establishes procedures to insure due process of law for any person adversely affected by a decision of the Secretary to include or exclude a drug from the compendium. Allows the Secretary to establish an Advisory Committee on matters pertaining to the compendium. Authorizes the Secretary to require persons engaged in manufacturing, preparing, distributing, or importing drugs to furnish any available information relating to such to the Secretary. Empowers the Secretary to require the maintenance of records of clinical experience and other such data relevant to such drugs. Permits the Secretary to waive certain package insert requirements established by regulation. Deems a drug misbranded if it has labeling or advertising inconsistent with the compendium description, except a drug shall not be deemed misbranded solely by reason of such inconsistency if it is in full conformity with labeling regulations. Title II: Drug Certification - Permits the Secretary to require batch-by-batch certification of any drug intended for human use if he determines protection of the public health requires such certification. Requires the certification of any batch of drugs meeting the requirements established by the Secretary. Grants to the Secretary the power to exempt any drug from such certification requirements if in his judgment such certification is no longer necessary to protect the public. Directs the Secretary to promulgate regulations exempting from such certification requirements drugs: (1) processed or packed at a place other than where manufactured, provided such drugs are subsequently certified; (2) used to manufacture other drugs; and (3) used for investigational purposes only. Requires every person manufacturing, compounding, or processing any drug to keep such records and make such reports as the Secretary may require. Permits the Secretary to ban any drug he has found, after holding a hearing, presents an unreasonable risk of illness, injury, or deception and the public cannot be adequately protected by regulation. Title III: Drug Labeling - Requires any drug whose effectiveness or potency diminishes over time to bear a label specifying the date beyond which such drug should not be used. Requires any prescription drug intended for human use and determined to be potentially dangerous when taken as directed to carry a clear warning of such fact on its label. Imposes specific labeling requirements on any drug containing only one active ingredient. Requires the Secretary to designate an official name for any new drug and permits the Secretary to designate an official name for any other drug. Title IV: Administration and Enforcement - Redefines the term "new drug" to delete the exception granted to drugs subject to the Food and Drug Act of 1906. Subjects all new drugs intended for human or animal use to the full requirements of the Federal Food, Drug, and Cosmetic Act. States that misleading advertising or promotional material shall be considered in determining whether an article is misbranded. Deems advertising, labeling, or promotional material misleading if the representations made or suggested by such material bear upon: (1) the safety or effectiveness of a drug and such representations cannot be supported by scientific investigation; or (2) any aspect of a drug and such representations cannot be supported by appropriate data. Exempts specified members of the communication media from the penalties imposed for the dissemination of any false or misleading advertisement or promotional material unless such member refuses a request of the Secretary to furnish the name and address of the party causing such member to disseminate such false advertising on promotional material. Exempts an advertising agency from the penalties imposed for having caused the dissemination of any false advertisement or promotional material unless such agency has refused a request of the Secretary for the name and address of such party causing such agency to disseminate such false advertisement or promotional material. Excludes from the operation of any restraining order or injunction directed against such false advertising or promotional material any issue of a regularly published publication whenever it appears: (1) the regular delivery of such issue would be delayed; and (2) such delay is due to the method of publication and is not a device to avoid such injunction or restraining order. Declares a food or cosmetic misbranded if the advertising or promotional material for such food or cosmetic is misleading. Permits the Secretary to withdraw approval for a new drug if the advertising or promotional material for such drug: (1) suggests such drug will have an effect that is unsupported by evidence; and (2) is false or misleading and was not corrected after notice. Grants to the Secretary certain powers contained in the Federal Trade Commission Act. Includes within the coverage of the inspection and subpena powers of the Secretary: (1) consulting laboratories; and (2) the financial, sales, pricing, and personnel data of any party subject to this Act to the extent that such data relates to representations made in advertising or promotional material. Specifies the term "inspection" shall include the taking of photographs and the copying of documentary materials. Authorizes the Secretary to require by subpena the attendance of witnesses and the production of evidence. Grants use immunity to any person compelled to attend a hearing or produce documentary evidence.
United States · United States Congress · 27 March 1979
Tennessee-Tombigbee Waterway Deauthorization Act of 1979 - Repeals the authorization for the Tennessee- Tombigbee Waterway project, Alabama and Mississippi. Authorizes the Secretary of the Army, through the Chief of Engineers: (1) to maintain the existing facilities; and (2) to compensate the States for nonrecoverable sums that have been spent on such project.
United States · United States Congress · 27 March 1979
Agricultural Land Protection Act - Title I: Federal Agency Compliance - Requires the interpretation and administration of the policies, regulations, and public laws of the United States in accordance with a recognition of the rights and responsibilities of private landholders in making land use decisions, and the rights and responsibilities of State and local governments in developing public policies regarding non-Federal land use. Directs Federal agencies to consider the retention of agricultural land for agricultural purposes when they make decisions which impact directly or indirectly on private, and State and local government public land, as well as on Federal land. Requires all such Federal agencies to review their administrative procedures, especially those regarding land acquisition and management, in order to bring them into conformity with the policies and purposes of this title. Title II: Farmland Review Study - Directs the Secretary of Agriculture to study: (1) agricultural land in the United States; (2) the effects of industrial development, climate, and other factors on the productivity of such land; (3) the acquisition of such land by persons not engaged in agricultural activities; and (4) methods of protecting and improving such land, and of reducing the amount being converted to nonagricultural uses. Requires a final report of findings, conclusions, and recommendations to the President and to Congress within 42 months after the effective date of this Act. Title III: Research Program - Directs the Secretary of Agriculture, during a three-year period, to provide financial and technical assistance to States and local governments for the development, demonstration, and testing of methods of reducing the quantity of agricultural land (including such land in and around urban areas) being converted from agricultural uses to nonagricultural uses. Limits such financial assistance to not more than 25 percent of the cost of preparing, establishing, demonstrating, conducting, and testing three such reduction projects. Title IV: Technical Assistance Program - Directs the Secretary, through the Soil Conservation Service, to provide State and local governments with: (1) technical assistance concerning methods of protecting agricultural land and reducing its conversion to nonagricultural uses; and (2) financial assistance (not to exceed 25 percent of costs) to enable such governments to develop plans to implement such methods. Title V: General Provisions - Authorizes specified appropriations for fiscal years 1980 through 1983.
United States · United States Congress · 27 March 1979
Public Health Price Protection Act of 1979 - Amends the Public Health Service Act to direct the Secretary of Health, Education, and Welfare to certify to the Federal Trade Commission that the average price to the consumer of a patented drug is more than 500 percent of the direct cost thereof to the producer when such a situation exists. Requires the Federal Trade Commission, upon verification of such certification, to determine whether the existence of a patent has been a substantial contributing factor to the high price of such drug, and if the patent has so contributed, to order the mandatory licensing of such patent with a reasonable royalty rate.
United States · United States Congress · 27 March 1979
Drug Quality Control and Formulary Act of 1979 - Establishes a Formulary Committee within the Department of Health, Education, and Welfare for the purpose of compiling and publishing a Formulary of the United States, listing those drugs determined to be necessary for good medical practice. Limits drug purchases or payments therefor by any department or agency of the Government to those drugs listed in the Formulary.
United States · United States Congress · 27 March 1979
Federal Drug Compendium Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health, Education, and Welfare to establish a Federal Drug Compendium. Requires the listing of drugs in the Compendium by established name and proprietary name, and permits the issuance of a price information supplement. Authorizes the Secretary to establish an advisory committee to assist him. Imposes reporting, record keeping, and disclosure requirements on manufacturers, processors, and distributors of drugs.
United States · United States Congress · 27 March 1979
Drug Amendments Act of 1979 - Eliminates certain exceptions from the definition of the term "new drug" as used in the Federal Food, Drug, and Cosmetic Act. Provides that any drug which is a new drug as defined by such Act is subject to all requirements of such Act without regard to: (1) the dates upon which such drug was ever commercially used or sold in the United States; (2) whether or not a new drug application was in effect on or before October 9, 1962; (3) whether or not such drug was a new drug on or before October 9, 1962 as then defined by the Federal Food, Drug and Cosmetic Act; and (4) whether or not such drug is intended solely for use under the conditions prescribed, recommended, or suggested in labeling with respect to such drug prior to October 9, 1962. Provides that labeling, advertising, or promotional material for an article is deemed to be misleading if the representation made or suggested by statement, word, design, device, or any combination thereof relate to, concern, or otherwise bear upon; (1) the safety or effectiveness of use of a drug or device, unless such representations are based upon adequate and well controlled investigations; and (2) any attributes, characteristics, or qualities of the article, or any matter relating thereto, unless such representations are based on data, upon which experts qualified in the evaluation of such data, could fairly and responsibly conclude that the representations made for the article in its labeling, advertising, or promotional material are fully supported. States that no publisher, radio broadcast licensee, or agency medium for the dissemination of advertising or promotional material, except the manufacturer, packer, distributor, or seller of the article to which the the false advertisement related, shall be liable under this Act for the dissemination of any false advertisement or promotional material unless he has refused, after the request of the Secretary of Health, Education and Welfare, to furnish the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the United States who caused him to disseminate such advertisement or promotional material. Removes the inspection restrictions, for purposes of enforcement of the Federal Food, Drug, and Cosmetic Act, of research data with respect to drugs. Provides that the Secretary may require by subpoena the attendance and testimony of witnesses and the production of documentary evidence bearing on whether any food, drug, device or cosmetic is in violation of the Federal Food Drug and Cosmetic Act.
United States · United States Congress · 27 March 1979
Amends the Federal Food, Drug, and Cosmetic Act to require a statement of: (1) biological criteria relating to therapeutic effectiveness and safety; and (2) performance data relating to such biological criteria, as part of the application for approval of a new drug under such Act. Requires that such information also be on the labeling of a new drug approved for marketing.
United States · United States Congress · 27 March 1979
Amends the Federal Food, Drug, and Cosmetic Act to require any drug which the Secretary of Health, Education and Welfare determines to be potentially dangerous to carry a warning on the label. Requires the label to carry additional information if the Secretary determines such information would be in the public interest. Establishes labeling criteria for drugs with: (1) one active ingredient; and (2) those with more than one active ingredient prescribed by either trade or established name. Requires the Secretary to designate an official name of any new drug approved under the Federal Food, and Cosmetic Act, and continues the authority of the Secretary to designate an official name for any other drug or combination of drugs.
United States · United States Congress · 27 March 1979
Amends the Federal Food, Drug, and Cosmetic Act to impose certain restrictions on oral representations about drugs made to practitioners or pharmacists by persons involved in the manufacture, preparation, processing, or distribution of such drugs. Prohibits advertising of any drug or device unless the Secretary of Health, Education, and Welfare has first approved such advertising. Specifies the criteria for such approval. Requires any publication intended for health professionals to identify the source of financial support for the author and the research of such publication.
United States · United States Congress · 27 March 1979
Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health, Education, and Welfare to impose conditions and limitations on the distribution or prescription of any drug to assure that it is used safely and effectively and that adequate information regarding the effects of such use is furnished to the practitioner licensed to administer such drug. Permits immediate suspension of the marketing of any such drug upon a finding of noncompliance with any such condition or limitation. Requires the labeling of certain new drugs and antibiotics to indicate that their approval is for limited marketing only and that use may involve hazards that have not yet been discovered.
United States · United States Congress · 27 March 1979
Provides for the arbitration of disputes between the Postmaster General and recognized organizations of Postal Service managerial personnel other than officers, postmasters, and employees engaged in personnel work in Postal Service headquarters. Subjects to arbitration under this Act issues relating to pay policies, fringe benefits, and the determination of whether or not a matter is subject to participation by such organization. Establishes an arbitration board to consider a dispute upon the request of the Postal Service or such recognized organization.
United States · United States Congress · 27 March 1979
Amends the Federal Food, Drug, and Cosmetic Act to require that labels of prescription drugs manufactured in final dosage form show the name and place of business of the manufacturer and, if different, the name and place of business of the packer or distributor.
United States · United States Congress · 27 March 1979
Sample Drug Regulation Act of 1979 - Amends the Federal Food, Drug, and Cosmetic Act to require the labeling and control of sample prescription drugs. Deems misbranded any such sample drug not so labeled. Limits the distribution of such drugs, and requires manufacturers, processors, distributors, and dispensers to maintain accurate records accessible to investigation by the Secretary of Health, Education, and Welfare.
United States · United States Congress · 27 March 1979
Amends the Federal Food, Drug, and Cosmetic Act to prohibit the export of any drug from United States unless it complies with all applicable provisions of such Act. Authorizes the Secretary of Health, Education, and Welfare to permit the export of a drug if the Secretary finds that such export: (1) is for health purposes; and (2) has the approval of the receiving country, even though it does not comply with such Act.
United States · United States Congress · 27 March 1979
National Drug Testing and Evaluation Act of 1979 - Establishes a National Drug Testing and Evaluation Center which shall be operated and maintained as a part of the Food and Drug Administration subject to the supervision and control of the Secretary of Health, Education, and Welfare. Provides that the Secretary of Health, Education, and Welfare shall be responsible for conducting all tests for investigations on new drugs submitted to him for approval in order to determine whether such new drugs should be approved for commercial distribution, and shall be responsible for conducting tests or investigations on drugs which have been approved to determine whether or not approval of such drugs should be withdrawn. Authorizes the Secretary to contract out such studies to qualified individuals, organizations, or institutions and makes it his responsibility to insure that the testing or investigation of any drug is conducted by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs. Directs that the sponsor of any drug submitted to the Secretary for testing and investigation, upon request, be provided with a report every 60 days on the results of the testing or investigation. Establishes a three-member drugs testing review panel to review, upon request of the sponsor, any facet of the investigation to which the sponsor objects. Provides that the sponsor of any new drugs submitted to the Secretary for testing or investigation shall be liable for the expenses incurred, including a appropriate share of the cost of staffing, maintaining and equipping the Center. Establishes a National Drug Testing Evaluation Center Fund which shall be available to the Secretary for the purpose of establishing the National Drug Testing Evaluation Center, for the purpose of furnishing initial working capital, and for other specified purposes. States that nothing in this Act prohibits the sponsor of any drug from conducting tests or investigations on such drug in accordance with other provisions of the Food and Drug Act.
United States · United States Congress · 21 March 1979
Reclamation Lands Family Farm Act - Title I: Findings, Purposes, Definitions - States the purpose of this Act and sets forth definitions. Title II: Acreage Limitations and Equivalency - Authorizes the Secretary of the Interior, for purposes of administering the reclamation laws, to change the 160 acre limitation to 160 acres of class one land or its equivalent in lands of lesser productivity. Permits each qualified purchaser to purchase 160 additional acres for each dependent. Allows qualified family farmers without dependents and qualified family farmers of a cooperative family farm to purchase or lease up to 320 acres. Entitles an individual who is not a family farmer to purchase 160 acres provided such purchaser lives within 25 miles of the land. Title III: Excess Lands and Irrigation Rights - States that one year after the date of enactment water from any reclamation projects may only be delivered to project lands which comprise a family farm or which fall under specified categories, including, but not limited to, lands owned in projects or divisions authorized by Congress, and for which the owners have agreed to pay the costs of the delivered water. Provides for the disposition of excess reclamation project lands through a lottery or other impartial means. Title IV: Repayment or Project Costs - Directs the Secretary of the Interior to stipulate in any water right contract that all rates and assessments to be paid by the contracting entity or individual landowners shall be renegotiated every five years. Title V: Leasing of Certain Excess Lands - Directs the Secretary to purchase lands to be leased to those family farmers unable to purchase lands in reclamation projects and to lease agricultural excess land owned by the Navy at Lemoore Naval Air Station to family farmers. Title VI: Miscellaneous - Adds miscellaneous provisions including a requirement that explanations of the programs of this Act be freely available to the public.
United States · United States Congress · 15 March 1979
Marihuana Control Act of 1979 - Amends the Controlled Substances Act to establish a civil fine of not more than $100 for anyone who: (1) possesses not more than one ounce of marihuana within a private dwelling for his or her own use, or for the use of others within such dwelling, if it is not possessed with the intent to distribute, transfer, or sell in violation of Federal law; (2) possesses in a public area not more than one ounce of marihuana incident to a private use, if it is not possessed with the intent to distribute, transfer, or sell for profit in violation of Federal law; or (3) distributes or transfers lawfully possessed marihuana in public or private to any person for a lawful private use, if such distribution or transfer is not made for profit.
United States · United States Congress · 15 March 1979
North Country National Scenic Trail Act of 1979 - Establishes as a component of the National Trails System the North Country Scenic Trail, a corridor of approximately 3,200 miles extending from eastern New York State to the vicinity of Lake Sakakawea in North Dakota. Directs the Secretary of Interior to study the feasibility of establishing a connecting trail between the North Country National Scenic Trail as authorized by this Act and the Appalachian National Scenic Trail.
United States · United States Congress · 15 March 1979
Urges (1) the International Whaling Commission to adopt a moratorium on the commercial killing of whales and (2) various countries to voluntarily comply with such moratorium.
United States · United States Congress · 14 March 1979
Amends the Internal Revenue Code to limit the recognition of gain from the sale of small business stock to the amount by which the gain from such sale exceeds the cost of small business stock purchased by the taxpayer within 18 months after the date of the sale. Defines "small business stock" as common or preferred stock of a domestic corporation which does not have passive income (e.g., rents, royalties, interest, etc.) for a taxable year in excess of 20 percent of its gross receipts, and which has equity capital not in excess of $25,000,000. Limits nonrecognition treatment to stock held by the taxpayer for more than 12 months. Provides for the reduction of the basis of the small business stock purchased by the taxpayer by the amount of gain which is not recognized due to the application of this Act. Provides for a three year statute of limitations for the assessment of tax deficiencies with respect to the gain from the sale of small business stock.
United States · United States Congress · 14 March 1979
Amends the Internal Revenue Code to allow a taxpayer an income tax credit equal to ten percent of his investment in incentive stock for a taxable year. Limits the dollar amount of such credit to $750 for a taxable year ($1,500 in the case of a joint return). Defines "incentive stock" as common or preferred stock which is registered with the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 and which is part of an issue the sale price of which does not exceed $25,000,000. Requires the issuing corporation to be a domestic corporation and to have an equity capital not in excess of $25,000,000. Disqualifies, for purposes of the credit, incentive stock which: (1) is acquired more than 180 days after its issuance; (2) is acquired by a stock broker; (3) is redeemed by the issuing corporation; (4) is investment company stock; (5) is disposed of less than 12 months after its acquisition; and (6) is held by a trust or estate.
United States · United States Congress · 14 March 1979
Expresses the gratitude of the Senate upon the retirement of the Honorable Clarence M. Mitchell, Junior, as chief legislative spokesman for the National Association for the Advancement of Colored People, and for his contributions to the establishment of justice and equality in America.
United States · United States Congress · 13 March 1979
Expresses the sense of the Senate that the President should withdraw the standby gasoline rationing plan submitted to Congress on March 1, 1979, and resubmit an amended plan to remedy interstate inequities with regard to gasoline rationing coupon distribution.
United States · United States Congress · 8 March 1979
Small and Independent Business Protection Act of 1979 - Prohibits mergers, consolidations, and direct or indirect stock acquisitions sufficient to effectuate a transfer of control between legal entities if: (1) each entity has assets or sales exceeding $350,000,000; or (2) one entity has assets or sales exceeding $350,000,000 and the other entity has 20 percent or more of the sales during the calendar year immediately preceding the acquisition in any line or commerce with annual sales exceeding $100,000,000 in any section of the country. Establishes the following affirmative defenses in actions based on such prohibited transactions: (1) the transaction will have the preponderant effect of substantially enhancing competition; (2) the transaction will result in substantial efficiencies, including economies of scale in manufacturing, marketing, distribution, or research and development; or (3) within one year preceding or succeeding the transaction, the parties shall have divested one or more viable business units with assets and revenues equal to or greater than the assets and revenues of the smaller party to the transaction. Precludes the use of any such affirmative defense if: (1) one of the parties to the transaction has within the preceding year been a party to another prohibited transaction; or (2) each of the entities involved in the transaction has assets or sales exceeding $2,000,000,000. Authorizes the Attorney General of the United States and the Federal Trade Commission to enforce this Act. Directs the Attorney General and the Commission to establish procedures to enable parties to obtain a binding determination that a proposed transaction falls within the terms of any of the affirmative defenses. Empowers the courts to grant injunctive relief to private parties under the terms and conditions prescribed by the Clayton Act.
United States · United States Congress · 8 March 1979
Farm Entry Assistance Act - Title I: States the findings of Congress, and the purposes of this Act. Title II: Establishment of Farm Entry Assistance Program - Directs the Secretary of Agriculture to establish a program to provide financial assistance to individuals who are seeking to establish and operate full-time family farms. Prescribes the general criteria for State programs. Title III: Application for the Program - Limits qualification for such assistance to applicants who: (1) are seeking to operate a family farm; (2) are entering farming on a full-time basis for the first time during the ten years prior to the date of application; (3) have been denied credit on reasonable terms from a commercial source and the Farmers Home Administration, and could not obtain credit without the program's assistance; (4) demonstrate they are qualified to operate a family farm on a full-time basis; and (5) have net worths of less than $75,000 in 1979 dollars. Title IV: Federal Assistance to Applicants through State Agencies - Directs the Secretary to make available to qualified applicants guarantees of not more than 90 percent of the principal and interest of certain loans, not more than 90 percent of payments due under certain leases or contracts. Subjects to the specified guidelines of this program: (1) loans for the purchase of farmland, for operating purposes, or for both; (2) payments on a land purchase contract with a ten-year repayment period; and (3) payments on leases of not more than ten years. Requires the availability of guarantees for other State programs consistent with specified requirements. Prescribes the general procedures the Secretary is to follow in the event of defaults by any beneficiary on such guaranteed loans, contract obligations, or leases. Title V: Funding - Directs the Secretary to make available not more than $400,000,000 in guarantees for each of the four fiscal years following the first fiscal year commencing at least one year after enactment. Prescribes a general allocation formula for distribution of such guarantees among participating States. Creates a Farm Entry Assistance Fund for the discharge of the obligations of the Secretary under contracts guaranteeing loans or leases under this Act. Title VI: Reports - Requires the Secretary to report annually on the operation of the program to the appropriate committees of Congress.
United States · United States Congress · 7 March 1979
Hospital Cost Containment Act of 1979 - Directs the Secretary of Health, Education, and Welfare to promulgate annually, beginning January, 1980: (1) a national voluntary percentage limit on hospital expenses; and (2) a voluntary percentage limit on hospital expenses for each State. Specifies the formulas for calculating such limits. Includes as factors for determining the national limit: (1) the average wage increase paid to employees (excluding supervisors and doctors of medicine or osteopathy) of hospitals in the United States; (2) the average price increase in the U.S. paid in appropriate classes of goods and services (to be determined by the Secretary); (3) the percent of hospital expenses attributable to such wage and price increases; (4) the annual increase in the national population; and (5) a one percent allowance for the net increase in hospital service intensity. Includes these factors in the formula for determining the State limits, except bases the average wage increase on employees of hospitals in each State and utilizes the population increase in each State. Directs the Secretary to promulgate annually, beginning January 1980, a voluntary percentage limit for each hospital for the hospital's accounting period ending in 1979. Specifies the formula for calculating such limit. Directs the Secretary to promulgate annually, beginning January, 1981, a voluntary percentage limit for each hospital not subject to a mandatory limit under this Act for the hospital's accounting period ending in the preceding year. Specifies the formula for calculating such limit. Directs the Secretary to determine or estimate before July 1, 1980, and before July 1 of each succeeding year: (1) the difference in dollars between (A) the percentage increase in the expenses of each hospital not subject to a mandatory limit under this Act in the preceding year, and (B) the voluntary percentage limit for the hospital for the accounting period; and (2) the sum of such differences. Provides that: (1) if such sum is zero or less, no hospital shall be subject to a mandatory limit under this Act for its accounting period ending the year; or (2) if such sum is greater than zero, then the Secretary shall determine the sum of the differences in each relevant State. Defines "relevant State" for such purposes. Provides that: (1) if this sum is zero or less in a particular State, no hospital in that State shall be subject to a mandatory limit under this Act for its accounting period ending in the year; or (2) every hospital, for each accounting period beginning after January 1, 1979, and for each succeeding accounting period, shall be subject to a mandatory limit as prescribed by this Act, unless such hospital is otherwise exempted by this Act. Requires the Secretary to exclude the hospitals in a particular State from such mandatory limits at the request of the chief executive of any State, under specified conditions. Authorizes the Secretary to exempt a hospital from such mandatory limit upon a determination that such exemption is necessary to facilitate certain experiments or demonstrations entered into under specified laws. Specifies: (1) the formula for calculating mandatory limits; and (2) the circumstances under which the average reimbursement payable to a hospital by a cost payer per admission, and the average inpatient charges per admission of a hospital, for any accounting period of the hospital subject to a mandatory limit, exceed such limit. Directs the Secretary, in calculating such mandatory limits, to develop: (1) a system of grouping hospitals by appropriate characteristics, such as patient case mix and metropolitan or nonmetropolitan setting; and (2) a method of measuring efficiency within each group that provides for setting a group norm defined in terms of all or certain hospital expenses. Requires the Secretary to assign to each hospital in a group a percentage bonus or penalty related to the extent to which a hospital's expenses differ from the group norm, according to a specified formula. Allows the Secretary to make further adjustments to such percentage bonus or penalty in order to allow for changes in admissions or other factors warranting special consideration. Sets for procedures by which a hospital may request the Secretary to exercise such discretion. Prohibits the reimbursement for inpatient hospital services provided under Medicare (title XVIII of the Social Security Act) to the extent that it exceeds the applicable mandatory limits established under this Act or under a State mandatory hospital cost containment program of a State whose hospitals have been excluded under this Act. Provides that: (1) payment shall not be made to any State; and (2) payment shall not be required to be made by any State under title V (Maternal and Child Health and Crippled Children's Services) or title XIX (Medicaid) of the Social Security Act with respect to any amount paid for inpatient hospital services in excess of the applicable mandatory limits established under this Act. Amends the Internal Revenue Code to impose on a hospital an excise tax equal to 150 percent of the amount of excess reimbursement which such hospital has with respect to a cost payer for an accounting period subject to a mandatory limit. Imposes such tax on a private cost payer, if a hospital has such excess reimbursement with respect to such payer. Imposes on a hospital which has excess inpatient charges for an accounting period subject to a mandatory limit, an excise tax equal to the product of 150 percent of the amount of excess inpatient charges of the hospital for the accounting period, and the fraction of such charges not attributable to cost payers. Sets forth procedures for the payment of such taxes, or for the deferral and abatement of such taxes, if a hospital has an escrow account approved by the Secretary. Authorizes the Secretary to exclude from participation in Medicare, Medicaid, or the Maternal and Child Health and Crippled Children's Services program a hospital which changes its admission practices in a manner that tends to reduce the proportion of inpatients for whom reimbursement is less than the anticipated inpatient charges applicable to them. Establishes a 15-member, part-time National Commission on Hospital Cost Containment to advise the Secretary with respect to the implementation of this Act, and other matters affecting hospital expenses or revenues.
United States · United States Congress · 5 March 1979
Product Liability Partial Self-Insurance Act - Amends the Internal Revenue Code to allow a deduction to any business enterprise engaged in the manufacture, importation, distribution, lease, or sale of any product for contributions to its product liability trust account and for amounts paid to a captive insurer (wholly or partially-owned by the taxpayer) for product liability insurance. Specifies the amount a taxpayer may deduct, based upon the ability of such taxpayer to obtain insurance through conventional channels. Disallows any deductions for product liability losses which do not exceed the sum of the total trust funds in the taxpayer's account at the beginning of the taxable year plus the amount of deductible payments made by the taxpayer to the account during such year. Imposes penalties for the improper use of product liability reserve funds. Treats amounts accumulated in the taxpayer's product liability trust account as amounts accumulated for reasonably anticipated business needs, for purposes of avoiding the accumulated earnings tax.
United States · United States Congress · 26 February 1979
Small Business Private Investment Act of 1979 - Amends the Internal Revenue Code to allow a credit against the individual income tax for incentive stock (original issue common or preferred stock) acquired in a domestic corporation whose equity capital does not exceed $25,000,000 immediately before the unrestricted public offering of such stock. Specifies the amount of such credit to be an amount equal to the sum of: (1) ten percent of the first $10,000 of such taxpayer's adjusted basis; plus (2) five percent of any other amount of such adjusted basis. Limits such credit to $3,000 annually ($6,000 in the case of a married individual filing a joint return).
United States · United States Congress · 9 February 1979
University and Small Business Patent Procedures Act - 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. 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 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. 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 manufacture of an invention. Entitles the government to collect up to 50 percent of all net income above specified amounts received by a patent holder until government research funds have been repaid. 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. Authorizes Federal agencies to withhold information on inventions from public disclosure. Specifies the authority of Federal agencies with respect to obtaining patents, promoting licensing of inventions, granting licenses, conducting market surveys, transferring custody of patents, and receiving funds. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Authorizes the Secretary of Commerce to coordinate a program for assisting Federal agencies in protecting and licensing federally-owned inventions. 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 small 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.
United States · United States Congress · 9 February 1979
Authorizes additional expenditures, not to exceed $327,000, from March 1, 1979, through February 29, 1980 by the Senate Select Committee on Small Business for inquiries and investigations. Directs the Select committee to report its findings and recommendations to the Senate not later than February 29, 1980.
United States · United States Congress · 8 February 1979
Small Business Employee Ownership Act - Amends the Small Business Act to make employee-owned firms eligible for financial assistance under the business loan program. States that in the case of small business concerns using an employee stock ownership plan, as defined in the Internal Revenue Code of 1954, all financial assistance shall be made to the trust created for employee ownership of stock (ESOT). Predicates such assistance on: (1) a guarantee by the company seeking assistance that it will repay all obligations incurred by the ESOT; (2) the written assurance of the trustee of the ESOT that all guaranteed loans will be used solely for the purchase of company stock; (3) a distribution arrangement which vests ownership of all stock with the employees no later than the expiration date of any assistance made available to acquire such stock; and (4) a certified plan, meeting specified conditions, for the allocation of company stock among the employees. Authorizes the extension of loan guarantees to employee organizations, including those using an ESOT, to finance the acquisition of the employee's workplace if it is a small business or a subsidiary which, if independently owned, would be a small business. States that such guarantees may be extended only if the small business or subsidiary would otherwise close, liquidate, relocate or sell out to a large business or if the owner agrees to the purchase by the employees. Requires an employee organization to compile a feasibility study and plan containing specified provisions in order to be eligible for such guarantees. Limits the principal amount of any loan guaranteed under this Act to $1,000,000. Authorizes $10,000 loans to conduct feasibility studies which will be considered grants if the loan application is denied. Directs the Administrator of the Small Business Administration to report periodically to the Congress on the programs established by this Act. Authorizes the Small Business Administration to extend loan guarantees directly to an owner of a business who is selling the business to employees under an installment contract provided specified conditions are met in the event of default. Makes a company with 51 percent of its stock allocated through an ESOT to one or more socially and economically disadvantaged individuals eligible for the minority enterprise contract assistance program.
![Official portrait of Sen. Nelson, Gaylord [D-WI]](https://www.congress.gov/img/member/n000033_200.jpg)