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 · 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
Expresses the sense of Congress, with regard to Kampuchea (Cambodia), concerning: (1) humanitarian assistance; (2) an international conference to end the fighting; (3) withdrawal of foreign forces; (4) a new government acceptable to the people; and (5) United Nations action to protect human rights.
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 · 15 April 1980
Amends the National Housing Act to require the Secretary of Housing and Urban Development to require that payments of loan or mortgage insurance premium charges by a financial institution, other mortgagee, or agent thereof to the Federal government, made in connection with specified loan or mortgage insurance programs under such Act, be made promptly upon their receipt from the borrower. Allows the Secretary to approve payment of such premiums on an annual basis if the financial institution, mortgagee, or agent thereof pays interest, at a rate specified by the Secretary, to the insurance fund for the period beginning 20 days after receipt from the borrower and ending upon payment of the premiums to the Federal government.
United States · United States Congress · 15 April 1980
American Fisheries Promotion Act - Title I: Research and Development Regarding United States Fisheries - Directs that funds transferred by the Secretary of Agriculture to the Secretary of Commerce from duties collected under custom laws on fishery products shall be maintained in a separate fund and used by the Secretary of Commerce to: (1) provide financial assistance for the purpose of carrying out fisheries development projects approved under this Act; and (2) implement the national fisheries research and development program as set forth by this Act. Directs the Secretary of Commerce to make grants from such fund to assist persons in carrying out research and development fishery projects, including, but not limited to, harvesting, processing, marketing, and associated infrastructures. Subjects each such grant to such terms and conditions as the Secretary may require to protect the interests of the United States. Requires the Secretary to carry out a national program of research and development addressed to United States fisheries, if not adequately covered by projects assisted by grants made pursuant to this Act. Requires the Secretary, not later than 60 days before the close of each fiscal year, to submit to specified Congressional committees a report containing: (1) the fisheries development goals and funding priorities for the next fiscal year; (2) the status of each pending project; and (3) an analysis and evaluation of all projects assisted under this Act. Specifies, with respect to any fiscal year, that not less than 75 percent of the moneys transferred to the fund and such existing fund moneys carried over into that fiscal year shall be used by the Secretary to provide financial assistance for projects and the remainder of such moneys shall be used to implement the national fisheries research and development program. Requires the Secretary to award a grant for or carry out pursuant to the national fisheries research and development program: (1) a project to establish and operate a system (in which participation must be voluntary) to grade the quality of fish landed at a United States port; or (2) a project to improve fuel efficiency in carrying out fishing operations within a United States fishery. Directs the Secretary of Commerce to appoint not fewer than six officers who shall, with the concurrence of the Secretary of State, serve abroad to promote United States fishing interests. Requires the Secretary of State, upon the request of the Secretary of Commerce, to officially assign the officers to the diplomatic mission of the United States in the country in which such officers are placed, and to obtain for them diplomatic privileges and immunities. Title II: Amendments to the Merchant Marine Act, 1936 - Extends provisions of the Merchant Marine Act of 1936 which govern a capital construction fund for vessels built in the United States to govern such a fund for fishing vessels built in, and fishing facilities located in, a Commonwealth, territory, possession, or State of the United States. Authorizes the Secretary: (1) to guarantee the payment of obligations for financing or refinancing the construction, reconstruction, or reconditioning of fishery facilities capable of being used for priority development fisheries; and (2) to apply an economic soundness test with respect to guarantees of obligations for fishing vessels or facilities designed for use in such priority fisheries which is less stringent than the test applicable to other obligation guarantees under such Act. Directs the Secretary to establish within the Federal Ship Financing Fund three subfunds to contain moneys for obligation guarantees for: (1) fishing vessels and facilities meeting the more stringent test; (2) high risk fishing vessels and facilities meeting the less stringent test; and (3) vessels other than fishing vessels. Declares that during the period beginning on the date of the enactment of this Act and ending at the close of September 30, 1982, the Secretary of Commerce may make loans from the fisheries loan fund only for the purpose of assisting obligors to avoid default on obligations that are issued with respect to the construction, reconstruction, reconditioning or purchase of fishing vessels. Title III: Amendments to the Fishery Conservation and Management Act of 1976 - Amends the Fishery Conservation and Management Act of 1976 to provide for a reduction of the total allowable level of foreign fishing, if any, with respect to any United States fishery for each of the harvesting seasons 1981, 1982, 1983, and 1984. Declares that the total allowable level of foreign fishing permitted within any United States fishery during any harvesting season after the 1984 harvesting season is zero, except if the Secretary of Commerce determines that such reduction will result in a substantial surplus of fish stocks within the fishery and that such surplus will not be harvested by vessels of the United States during such harvesting season. Specifies that a recommendation by the Secretary that such reduction be deferred or continued with respect to any harvesting season shall take effect only if: (1) a report containing the recommendation is received by Congress not later than 90 days before the opening day of the respective harvesting season; and (2) neither House of Congress, within the 60 day period beginning on the day on which the report is received by Congress, adopts a disapproval resolution. Requires the owner or operator of any foreign fishing vessel for which a permit is issued pursuant to the Fishery Conservation and Management Act of 1976 to pay an additional fee equal to ten percent of the ex vessel price of the catch harvested under such permit. Requires the Secretary of Commerce to establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is within the fishery conservation zone and is: (1) engaging in fishing; (2) accepting United States harvested fish through transfer at sea; (3) cruising to and from a location at which any such fishing or transfer will transpire; or (4) taking highly migratory species. Requires such observers, while aboard foreign fishing vessels, to carry out such scientific and other functions as the Secretary deems necessary to carry out the purposes of this Act. Directs the Secretary to impose, with respect to each foreign fishing vessel, a surcharge in an amount sufficient to cover all costs of providing a United States observer aboard that vessel. Establishes, in the Treasury of the United States, the Foreign Fishing Observer Fund in which the Secretary shall deposit all surcharges collected.
United States · United States Congress · 2 April 1980
Directs the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to conduct a clinical investigation of the safety and efficacy of dimethyl sulfoxide as a drug to be used by persons with arthritis.
United States · United States Congress · 1 April 1980
Proclaims October 19, 1981, a national day of celebration as the two hundredth anniversary of the victory of General George Washington at Yorktown, Virginia.
United States · United States Congress · 27 March 1980
Expresses the sense of Congress, with regard to Kampuchea (Cambodia), concerning: (1) humanitarian assistance; (2) an international conference to end the fighting; (3) withdrawal of foreign forces; and (4) United Nations action to protect human rights.
United States · United States Congress · 19 March 1980
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 18 March 1980
Small Business Motor Fuel Marketer Preservation Act of 1980 - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make loans to small businesses acquiring gas stations from a refiner. Makes it unlawful for a refiner, other than an independent or small refiner, to operate a gas station in the United States. Requires a refiner, in disposing of any interest in such a station, to offer a right of first refusal to the dealer at such station. Sets forth the requirements for such an offer. Makes it unlawful for a refiner to: (1) exceed specified annual sales limitations in any State (requires the Federal Trade Commission to determine specified limitation formulas); and (2) sell motor fuel at any time at any point of transfer at different prices (except for price differentials which reflect manufacturing, sale, or delivery differences). Stipulates that a refiner shall: (1) be in violation of this Act if such refiner withholds available motor fuel from a purchaser and then resells such fuel at a lower price to refiner-operated stations; and (2) not be prevented from charging a uniform surcharge in connection with a sale of motor fuel as consideration for the purchaser's use of a refiner's trademark or other such identifying symbol. Makes it unlawful for any person to interfere in any way with the purchasing, selling, or storing of motor fuel by a dealer. Makes it unlawful for any dealer at a station displaying a trademark or identifying symbol of a particular refiner to sell motor fuel not refined by such refiner without providing notice to purchasers. Requires each refiner within three months of enactment to provide to the Federal Trade Commission information regarding the number of: (1) gallons of motor fuel sold, consigned, or distributed in each State during the preceding year; (2) gallons of motor fuel sold to its stations in each State during the preceding year; and (3) barrels of crude oil produced and refined during the preceding year. Requires persons owning 50 or more motor fuel stations in the United States to report specified information to the Commission. Sets forth fines for violation of this Act. Permits civil actions to be brought against violators of the requirements of the Act.
United States · United States Congress · 17 March 1980
Amends the Trade Expansion Act of 1962 to prohibit the President from taking action, pursuant to the President's authority to adjust the imports of articles which threaten national security, to impose import fees on petroleum and petroleum products imported into the United States without specific authorization from Congress, effective March 1, 1980.
United States · United States Congress · 13 March 1980
Amends the Internal Revenue Code to allow the residential energy credit for energy conservation expenditures with respect to residences substantially completed after April 19, 1977, if such expenditures are for energy conservation items which are not required by Federal, State, or local housing standards.
United States · United States Congress · 6 March 1980
Small Business Motor Fuel Marketer Preservation Act of 1980 - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make loans to small businesses acquiring gas stations from a refiner. Makes it unlawful for a refiner, other than an independent or small refiner, to operate a gas station in the United States. Requires a refiner, in disposing of any interest in such a station, to offer a right of first refusal to the dealer at such station. Sets forth the requirements for such an offer. Makes it unlawful for a refiner to: (1) exceed specified annual sales limitations in any State (requires the Federal Trade Commission to determine specified limitation formulas); and (2) sell motor fuel at any time at any point of transfer at different prices (except for price differentials which reflect manufacturing, sale, or delivery differences). Stipulates that a refiner shall: (1) be in violation of this Act if such refiner withholds available motor fuel from a purchaser and then resells such fuel at a lower price to refiner-operated stations; and (2) not be prevented from charging a uniform surcharge in connection with a sale of motor fuel as consideration for the purchaser's use of a refiner's trademark or other such identifying symbol. Makes it unlawful for any person to interfere in any way with the purchasing, selling, or storing of motor fuel by a dealer. Makes it unlawful for any dealer at a station displaying a trademark or identifying symbol of a particular refiner to sell motor fuel not refined by such refiner without providing notice to purchasers. Requires each refiner within three months of enactment to provide to the Federal Trade Commission information regarding the number of: (1) gallons of motor fuel sold, consigned, or distributed in each State during the preceding year; (2) gallons of motor fuel sold to its stations in each State during the preceding year; and (3) barrels of crude oil produced and refined during the preceding year. Requires persons owning 50 or more motor fuel stations in the United States to report specified information to the Commission. Sets forth fines for violation of this Act. Permits civil actions to be brought against violators of the requirements of the Act.
United States · United States Congress · 6 March 1980
Small Business Development Act of 1980 - Title I: Small Business Innovation - Amends the Small Business Act to require the head of each Federal agency which obligates over $100,000,000 for research and development in a fiscal year to: (1) expend at least one percent of the amount spent on research and development during the next year for a small business innovation program; (2) solicit research and development proposals from small businesses during the next year; and (3) promote the use of small businesses to conduct research and development. Requires the head of each Federal agency to increase the amount of funds obligated for the conduct of research and development by small businesses by one percent each year until the amount obligated to small businesses in a fiscal year equals at least ten percent of the total amount obligated by such agency for research and development. States that it is an objective of this Act to amend existing patent procedures in order to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Permits Federal agencies which have supported such projects to retain title to inventions through their funding agreements in specified circumstances, including when necessary to conduct foreign intelligence or counterintelligence activities. Requires review of agency determinations that such circumstances exist by the Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration. Directs the Comptroller General to report to Congress on the implementation of this Act by Federal agencies. Enumerates provisions which must be included in funding agreements between a Federal agency and a small business firm or nonprofit organization, including provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an organization, other than small business firms, from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Provides that the first commercial use with respect to a product of the invention shall not end the exclusive period to different subsequent products covered by the invention. Requires the head of a Federal agency to approve provisions of a funding agreement which require the licensing to third parties of inventions owned by the contractor. Sets forth terms and conditions under which such approval may be granted. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assignees to grant licenses in order to: (1) achieve practical applications of the invention in its field of uses; (2) alleviate health or safety needs; (3) meet requirements for public use specified by Federal regulations; or (4) achieve participation by United States industry in the manufacturing of an invention. Entitles the government to 15 percent of all net income in excess of $70,000 gross income received by a contractor after a patent application is filed on a subject invention. Provides that if a contractor receives a gross income of $1,000,000, the government shall be entitled to a share of the excess of $1,000,000 that shall be negotiated but not to exceed five percent of such excess. Limits the government share of any excesses to its contributions under the funding agreement. Requires the Director of the Office of Federal Procurement Policy to revise the government entitlements in light of changes to the Consumer Price Index or other indices at least every three years. Declares such government entitlements applicable to subject inventions upon which United States patents are granted and in effect. Restricts the assignment and licensing of rights by patent holders to foreign-owned or controlled firms unless such persons agree that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States where commercially feasible. Authorizes Federal agencies to withhold information on inventions from public disclosure. Specifies the authority of Federal agencies with respect to obtaining patents, granting licenses, and transferring custody of patents. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Prohibits licensing which lessens competition. Directs that business firms be given preference in exclusive or partially exclusive licensing. Enumerates provisions which must be contained in any grant of a license by a Federal agency. Declares that this Act shall take precedence over any other Act in the disposition of inventions. Title II: Depreciation Acceleration; Repeal of Used Property Limitation in Investment Tax Credit; Corporate Income Tax Rate Reductions - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Allows a ten percent investment tax credit for buildings and tangible property, and a six percent credit for automobiles, taxis, and light duty trucks. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits a taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year. Repeals the $100,000 limitation on the amount of used property which is eligible for an investment tax credit. Reduces the tax rates applicable to corporate income. Repeal the carryover basis provisions enacted by the Tax Reform Act of 1976 which provide that beneficiaries receiving property from a decedent's estate will retain the decedent's basis in the property. Restores prior law which "stepped up" or "stepped down" the property"s basis to its market value at the time of death without imposing tax consequences on the appreciation or depreciation the property underwent while held by the decedent. Title III: Tax Incentives for Small Business Capital Formation - Provides for the nonrecognition of gain on the sale or exchange of an equity interest in a small business which is reinvested in another small business within two years. Defines a "small business" as any business entity in which the aggregate equity interests do not exceed $25,000,000. Allows a tax credit for proceeds received from small business debentures which have a fixed maturity and grant no conversion or voting rights. Limits the amount of such credit to $5,000 ($10,000 in the case of a joint return). Disallows such credit if the issuing small business has $1,000,000 of such debentures outstanding or has a class of securities subject to regulation of the Securities and Exchange Commission. Treats amounts paid on such debentures which represent a share of the issuer's earnings as long-term capital gain. Treats losses on such debentures as an ordinary loss. Requires distributions on such debentures, which represent either interest or a share of earnings, to be treated as interest. Title IV: Small Business Equal Access to Justice - Amends title II of the Small Business Act (Study of Small Business) to direct the Office of Advocacy within the Small Business Administration to assist the Attorney General, Federal agencies, and the Chairman of the Administrative Conference of the United States to facilitate relief afforded to small businesses under such Act. Requires the Chief Counsel for Advocacy to submit biennial reports to the President and Congress on awards made to small businesses under such Act. Excludes from the definition of "party" for purposes of this title: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorporated business whose net worth exceeds $5,000,000, but includes an agricultural cooperative, as defined in the Agricultural Marketing Act, regardless of its net worth. Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication (excluding ratemaking and license application hearings, but including such actions as suspension or modification of a license); or (2) in any civil action, other than a tort, brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Allows the agency or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States or any agency, including the Post Office, or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). Directs the Administrative Conference and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions. Makes this title applicable to any civil action pending on, or commencing after, the date of enactment, except for civil tax actions, which shall be subject to this title six months after enactment. Directs the Office of the Chairman of the Administrative Conference and Director of the Administrative Office of the United States Courts to provide to the Small Business Office of Advocacy the information required to be collected in this title. Title V: Small Business Regulatory Flexibility - Amends the Small Business Act to require each Federal agency to publish semiannually an agenda of those rules which may be proposed during the upcoming six-month period affecting a substantial number of small businesses and small organizations. Permits Federal agencies to modify the definition of "small business", if appropriate, after notice and opportunity for hearing. Defines "small organizations" to include unincorporated businesses, sheltered workshops enterprises which are not dominant in their fields, and such other groups and enterprises as each Federal agency shall establish by rule, not in conflict with the definition of "small business." Requires each published agenda to be transmitted to the office of Advocacy of the Small Business Administration for comments. Directs each Federal agency to endeavor to provide notice of each agenda to affected small enterprises by means other than publication in the Federal Register. Directs each Federal agency to publish a written analysis prior to the issuance of any proposed rule affecting a substantial number of small businesses and organizations which considers: (1) the effect of such rule on small enterprises and competition; (2) whether an exemption could be provided such small enterprises; (3) whether lesser compliance standards could be adopted for small enterprises; and (4) the expected nature of reporting recordkeeping requirements necessitated by such rule. Requires each Federal agency to issue a rule containing an exemption or differing compliance standard for such small business concerns and organizations if it is lawful, desirable, and feasible to do so. States that such small enterprises shall be given an opportunity to participate in agency rulemaking, which substantially affects such enterprises, unless otherwise provided. Requires each agency to review its existing rules and prepare an analysis for purposes of eliminating or modifying those rules which are most burdensome to small businesses and organizations. Permits any agency to perform the analyses required by this title in conjunction with any other analysis required by law. Declares that such other analysis shall not in itself satisfy the requirements of this title. Title VI: Sunset Provisions - Requires the Congressional Budget Office in conjunction with the congressional committees having jurisdiction over each Government program, within one year after enactment of this Act, to set forth a timely review of all Government programs. Terminates any program which has not been reviewed within three years after enactment of this Act unless both Houses of Congress vote to continue such programs pending completion of a review. Requires that each review: (1) identify the need for the program; (2) identify conflicting or duplicative programs; (3) assess the program's effectiveness and cost; and (4) assess the impact of the program on the national economy.
United States · United States Congress · 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 · 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
Expresses the sense of Congress that the President should request the United Nations to establish an international presence in the Khmer refugee camps on the Thailand - Kampuchean (Cambodian) border to promote security and oversee the distribution of food.
United States · United States Congress · 4 February 1980
Medical Expense Protection Act - Title I: Catastrophic Automatic Protection Plan - Adds a new title to the Social Security Act, Title XXI - Catastrophic Automatic Protection Plan. Establishes a voluntary insurance plan to provide automatic protection to families against catastrophic medical expenses, the Catastrophic Automatic Protection Plan (CAPP), to be funded by general revenues and coinsurance amounts. Provides that a family will be eligible for CAPP assistance for CAPP covered expenses after members of the family incur medical expenses equal to the deductible. Stipulates that eligibility is contingent upon the payment of specified coinsurance amounts. Provides that the deductible and coinsurance amounts shall be equal to approximately 10 to 20 percent of family income, graduated according to income. Provides that there shall be no coinsurance payments after a family has incurred expenses equal to the "CAPP stop-loss". Provides that the CAPP stop-loss for any year shall be equal to approximately 10 to 25 percent of family income, again graduated according to income. Sets forth provisions relating to applications for assistance under this Act. Requires any family filing for assistance under this Act to file an income statement with the Secretary of Health and Human Services. Permits civil penalties to be imposed for submission of an intentionally false statement. Provides that payments shall be made for 100 percent of covered CAPP medical expenses and services except that in the case of prescription drugs for chronic illness the payment rate shall be 75 percent. Provides that there shall be no coinsurance for such drugs. Provides that payments with respect to CAPP covered services which are described in title XVIII (Medicare) of the Act shall be made to providers, with specified exceptions, in the amount and in accordance with the procedures set forth in such title. Establishes the Catastrophic Automatic Protection Plan Trust Fund in the United States Treasury. Appropriates to the fund, out of any moneys in the Treasury not otherwise appropriated, amounts necessary to make CAPP payments. Creates a Board of Trustees to hold the Fund, report to Congress concerning the Fund, and review policies allowed in managing the Fund. Directs the Secretary to provide for a listing of drug entities which may be legally introduced into interstate commerce with specified therapeutic categories. Provides that any individual dissatisfied with any determination relating to the individual's eligibility for or amount of CAPP benefits shall be entitled to a hearing concerning such determination and to judicial review of the Secretary's final decision. Sets forth definitions of terms used in this Act, including "CAPP covered services" which is defined as services furnished to an individual to the extent payment for such service may be made under the Medicare program, except that under CAPP: (1) inpatient psychiatric services shall be covered for 45 days in a calendar year; (2) items and services related to pregnancy, delivery, and care of a child through the first year are covered; (3) immunizations against serious communicable diseases are covered; and (4) prescription drugs for "chronic illness" are covered for an individual entitled to hospital insurance benefits under Medicare. Directs the Secretary to provide for an evaluation, by an entity outside the Department of Health and Human Services, of the implementation of this Act during its first five years and to report to Congress on the evaluation. Title II: Employer Health Plans - Amends the Internal Revenue Code to exclude from gross income, subject to stated conditions, amounts received by an employee through an accident or health plan towards which the employer contributed, only if the plan is a qualified plan. Subjects such exclusion to certain conditions, including: (1) the employer must make a contribution equal to at least 50 percent of the premium for the least expensive qualified plan; (2) requiring the employer to pay the employee a monthly rebate if the employee is offered more than one qualified plan and the employer contribution for the plan the employee selects would be greater than the premium of a low option plan, or the employee elects to participate in no qualified plan and is otherwise covered by a qualified plan; and (3) that the employer contribution for any employee for a family plan shall not exceed $120 per month. Defines terms including, among others, "qualified health plan." Defines such plan as a plan of an employer providing medical care for employees and their families which the Secretary certifies as meeting certain requirements, including the provision of CAPP covered services after the employee has incurred out-of-pocket expenses in excess of $2,500. Prohibits an income tax deduction for contributions by an employer to a health plan for compensation to his or her employees for sickness, unless the employer offers a qualified plan. Limits the income tax deduction for medical and dental expenses to an individual: (1) who is blind or disabled as determined under title XVI (Supplemental Security Income) of the Act or is receiving Medicare benefits because of end-stage renal disease; or (2) for care while a resident of a long-term care facility or of an institution for the care, rehabilitation or training of the physically or mentally handicapped. Provides for a deduction, not to exceed $250, for one-half of the premiums for a qualified health plan. Title III: Medicare Amendments - Amends title XVIII (Medicare) of the Social Security Act to remove the time limitation on inpatient hospital care. Makes individuals entitled to benefits under part A (Hospital Insurance) of title XVIII of the Act eligible for certain benefits under CAPP. Eliminates coinsurance under part A. Provides that any charge for any service or procedure performed by a doctor shall be reasonable if: (1) the service or procedure is performed in a designated physician shortage area; (2) the physician has a regular practice in the shortage area; (3) the charge does not exceed the prevailing charge level as otherwise determined; and (4) the charge does not exceed the amount generally charged by such physician for similar services. Permits entities utilized for administering the Medicare program to be utilized for administering CAPP. Title IV: Studies and Miscellaneous Provisions - Directs the Secretary: (1) to provide for studies of, and demonstration projects with respect to, the desirability and feasibility of adding a long-term care program into the Medicare program or CAPP and to report to Congress the results of the studies and projects; (2) to conduct a study of the feasibility of, and options with respect to, consolidating title XIX (Medicaid) of the Act into CAPP or other programs and to report to Congress concerning such study; and (3) to conduct a study of the feasibility of promoting better efficiency and effectiveness in the Medicare and Medicaid programs by permitting those eligible under such programs the option of receiving benefits through competitive private plans to report to Congress concerning such study. Requires the Secretary to reduce Medicaid payments to a State if the State reduces the number of categories of individuals eligible for benefits or the amount of benefits provided under: (1) title V (Maternal and Child Health), XIX, or XX (Grants to States for Services) of the Act; or (2) any program providing benefits similar to those under title XXI, and such reduction results in an increase in the amount of payments that would otherwise be made under such title. Amends the Federal Trade Commission Act to consider it an unfair trade practice for any entity to advertise that any amounts paid to an individual represents reimbursement for the deductible under CAPP.
United States · United States Congress · 31 January 1980
Establishes a Commission on More Effective Government to study and recommend ways of promoting economy, efficiency, and improved service within the Federal Government. Directs the Commission to recommend methods to improve the relationship between Federal, State, and local governments. Provides for the appointment of members of the Commission by the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate. Sets forth provisions governing the organization and compensation of the Commission and its staff. Empowers the Commission to establish advisory councils and committees as it deems appropriate without regard to the provisions of the Federal Advisory Committee Act. Sets forth the powers of the Commission enabling it to gather information free from subsequent review or comment by any Federal agency. Directs the Commission to submit its final report to the Congress ten days after the Ninety-eighth Congress convenes. Terminates the Commission 90 days after such date. Authorizes the appropriation of funds necessary to carry out this Act.
United States · United States Congress · 30 January 1980
Authorizes the President to present, on behalf of the Congress, a gold medal of appropriate design to Ambassador Kenneth Taylor in recognition of his efforts to secure the return of six American Embassy officials in Tehran. Authorizes and directs the Secretary of the Treasury to cause to be struck such gold medal with suitable emblems, devices, and inscriptions.
United States · United States Congress · 30 January 1980
Expresses appreciation to Canada for: (1) its historic close relations and cooperation with the United States in conducting foreign policy; (2) its support for U.S. efforts to obtain the safe release of the hostages in Iran; and (3) its efforts to protect and arrange the safe departure of certain U.S. citizens from Iran.
United States · United States Congress · 19 December 1979
Medicaid Community Care Act of 1980 - Authorizes a State with a plan approved under title XIX (Medicaid) of the Social Security Act to apply to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to have Federal payments for home health care services, nursing services, home health aid services, medical equipment for use in the home, physical therapy, occupational therapy, speech pathology services, endiology services, adult day health services, respite care, short-term full-term nursing care, homemaker services, and nutrition counseling made at a higher rate the the rate for other care and services provided under the State plan. Specifies that the Federal medical assistance percentage for such services and the comprehensive assessments provided for in this Act shall be the lesser of: (1) the Federal medical assistance percentage determined under title XIX plus 25 percent; or (2) 90 percent of the cost of such services and assessments. Requires an application to be accompanied by a community care plan which: (1) provides for a comprehensive assessment of each individual eligible or applying for Medicaid who is likely to need long-term skilled nursing facility or intermediate care facility services; (2) makes available, under title XIX, the care and services for which the higher Federal payment may be made to individuals determined pursuant to a comprehensive assessment to be in need of long-term facility services and for whom such assistance is a feasible alternative to long-term facility services; and (3) coordinates the services provided under this Act with similar services provided under the Older Americans Act of 1965, and under titles XVIII (Medicare) and XX (Grants to States for Services) of the Social Security Act. Requires the Secretary to report to Congress with respect to the program established under this Act. Permits a State, for the purposes of title XIX, to treat a noninstitutionalized individual the same as an individual who is in a long-term care facility if the noninstitutionalized individual meets the income and resources standards for long-term facility residents and has been determined, pursuant to an assessment under this Act, to need long-term facility services.
United States · United States Congress · 6 December 1979
Requires that at least one-third of the revenues from the windfall profit tax shall be available to the Secretary of Energy for grants to States to carry out programs of: (1) mass transit; (2) business and residential energy conservation; and (3) incentives for the development and use of alternative energy sources. Requires States seeking such grants to submit an application and plan for carrying out any such program or programs.
United States · United States Congress · 5 December 1979
Polygraph Control and Privacy Protection Act of 1979 - Prohibits any person engaged in interstate commerce from: (1) requiring any employee, officer, or applicant for employment to take a polygraph test in connection with such individual's employment; (2) denying employment or disciplining an employee by reason of such individual's refusal to submit to such test; or (3) using the results of such test in connection with such individual's employment. Sets forth civil and criminal penalties for violations of such provisions. Authorizes civil actions in U.S. district courts in behalf of aggrieved individuals.
United States · United States Congress · 13 November 1979
Expresses the sense of Congress that the President should terminate all military training of Iranian personnel pursuant to sales under the Arms Export Control Act.
United States · United States Congress · 2 November 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations of up to $15,000 to strike such medal. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 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.
![Official portrait of Sen. Snowe, Olympia J. [R-ME]](https://www.congress.gov/img/member/s000663_200.jpg)