United States · United States Congress · 13 June 1980
Trade Procedures Simplification Act of 1980 - Requires the Attorney General, in consultation with other Federal agency heads, to determine whether: (1) U.S. business conduct and arrangements in various countries to expand exports conflict with basic antitrust principles; and (2) a more liberal enforcement policy for overseas activities would impede implementation of the antitrust laws. Directs the Attorney General to identify conduct and arrangements associated with particular types of export sales which the Attorney General determines would not warrant prosecution under the antitrust laws. Sets forth the procedures for describing such permissible conduct and disclosing such descriptions. Authorizes the Secretary of Commerce to intervene in such suits and to provide legal assistance to exporters. Prohibits prosecution under the antitrust laws of exporters who: (1) have notified the Attorney General of their intention to engage in such designated permissible conduct; or (2) receive an approval, or no objection, from the Attorney General concerning proposed transactions. Requires the Attorney General and the Secretary of Commerce to report to Congress concerning implementation of this Act.
United States · United States Congress · 5 June 1980
Amends the Internal Revenue Code to provide that any income received or accrued by a tax-exempt mutual or cooperative electric or telephone company from qualified pole rentals, or by a cooperative telephone company from the sale of display listings in a directory furnished to company members, shall not be treated as unrelated business income subject to tax. Defines qualified pole rental as any rental of a pole (or other structure used to support wires) if: (1) such pole or structure is used by the telephone or electric company in providing telephone or electric services to its members; and (2) the use of such pole or structure pursuant to the rental is in connection with the transmission by wire of electricity or of telephone or other communications.
United States · United States Congress · 6 May 1980
Amends the Internal Revenue Code to provide for the deductibility of employer contributions to a deferred compensation plan for employees who are nonresident aliens.
United States · United States Congress · 30 April 1980
Establishes the Martin Luther King, Junior, National Historic Site in Atlanta, Georgia. Authorizes the Secretary of the Interior to establish the Martin Luther King, Junior, Preservation District which shall consist of the properties within the Martin Luther King, Junior, Historic District. Authorizes the Secretary, within the national historic site, to: (1) acquire by donation, purchase with donated or appropriated funds, transfer or exchange, lands and interests therein; (2) convey a freehold or leasehold or leasehold interest in any property, for such sums as he deems appropriate, and subject to such terms and conditions and reservations as will assure the use of the property in a manner consistent with the purposes of this Act; (3) enter into cooperative agreements with the owners of properties of historical or cultural significance; and (4) provide security and law enforcement services as authorized by law. Establishes, in the Department of the Interior, the Martin Luther King, Junior, Advisory Commission to advise the Secretary with respect to the formulation and execution of plans for the national historic site and the preservation district. Terminates such Commission ten years from the date of enactment of this Act.
United States · United States Congress · 16 April 1980
Directs the President to utilize the forum of the Venice Economic Summit to urge the development of an International Code of Business Conduct. Expresses the sense of Congress that the President should negotiate and report to Congress concerning agreements to establish standards of ethical and equitable conduct of international business and mechanisms to resolve problems. Requires the Joint Economic Committee to report to Congress concerning its recommendations regarding such negotiations.
United States · United States Congress · 2 April 1980
Amends the Internal Revenue Code to exclude from gross income Federal grants for tuition and related expenses at institutions of higher education, even though the grant recipient is required to perform future service as a Federal employee. Deems service in a health manpower shortage area as Federal service.
United States · United States Congress · 31 March 1980
Amends the Internal Revenue Code to extend from June 15, 1981, to July 1, 1986, the termination date for certain provisions of the Tax Reform Act of 1976 relating to the allowance of a deduction for the amortization of certain rehabilitation expenditures for certified historic structures.
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 · 12 March 1980
Directs the Committee on Standards of Official Conduct to conduct a full investigation of alleged improper conduct (commonly referred to as ABSCAM) of Members, officers, or employees of the House of Representatives. Directs the Committee to report to the House any recommendations it deems appropriate as a result of such investigation. Authorizes the Committee to conduct hearings, issue subpoenas, and coordinate its investigation with the Department of Justice.
United States · United States Congress · 11 March 1980
Amends the Internal Revenue Code to make the United States liable for civil damages for the unauthorized disclosure of tax return and nonreturn information made within the scope of office or employment of a Federal official or employee against whom damages are awarded. Declares that any such disclosure made corruptly, maliciously, in return for anything of value, or willfully in violation of the confidentiality provisions of the Code shall not be considered within the scope of such office or employment.
United States · United States Congress · 11 March 1980
Amends the Internal Revenue Code with respect to a person entitled to notice of a summons to a third-party recordkeeper to produce records of such person: (1) to repeal the current right of such person to stay compliance with the summons; and (2) to authorize such person to move for quashal of the summons within 14 days after notice is given. Requires accompaniment of such motion by an affidavit stating the reasons that the records sought are not relevant to a legitimate tax inquiry or any other legal basis for quashing the summons. Requires any third-party upon receipt of a summons to proceed to assemble the records requested and to be prepared to deliver them at the required time.
United States · United States Congress · 11 March 1980
Amends the Internal Revenue Code to allow disclosure of tax returns, for purposes not related to tax administration, to an attorney for the Government for use during or in preparation for any administrative, judicial, or grand jury proceeding, or in a criminal investigation which may result in such a proceeding (currently, disclosure is allowed only if reasonable cause exists to believe that a specific criminal act has been committed). Authorizes such disclosure only by ex parte order of a United States district court. Requires the application for such an order to state the reasons why the disclosure of the information on the return is material and relevant to the proceeding or investigation. Permits further disclosure of any return by the Government Attorney to such other Government personnel as he deems necessary to assist him during or in preparation for any such proceeding or investigation. Requires the Secretary of the Treasury or his designee to disclose any nonreturn information in his possession within ten days of the receipt of a written request by a Government attorney. Requires such request to be in connection with an administrative, judicial, or grand jury proceeding, or an investigation which may result in such a proceeding, pertaining to the enforcement of a specifically designated Federal criminal statute which the United States or any Federal investigative agency thereof is authorized to pursue. Permits further disclosure of such information so disclosed by a Government attorney to such Government personnel as he deems necessary to assist him. Requires the Secretary to make taxpayer identity information available to such Government attorney upon written request. Directs the Secretary to disclose, as soon as practicable, to a Government attorney, any information except returns which may constitute evidence of a violation of any Federal criminal law or which may be pertinent to any investigation of a violation of Federal statutes, to the degree necessary to permit such Government attorney to request nonreturn information. Directs the Secretary, under exigent circumstances including a possible threat to persons, property, or national security, to disclose such information, including returns, to the extent necessary to apprise the appropriate Federal investigative agency charged with the responsibility for enforcing such laws. Permits the Internal Revenue Service to assist the Department of Justice or any other Federal investigative agency in joint tax and nontax investigation of criminal matters which may lead to income tax violations. Provides a procedure by which the Secretary may apply to a Federal district court to prevent disclosure of tax returns or nonreturn information which would identify a confidential informant or seriously impair a civil or criminal tax investigation. Allows a Government attorney to whom tax return or nonreturn information has been disclosed pursuant to the provisions of this Act to apply to a district court for an ex parte order to disclose to an appropriate State official, whose duty it is to investigate or prosecute the crime involved, such information in his possession constituting evidence of the violation of a State felony statute. Authorizes such Government attorney to make similar application for an order to further disclose information in his possession if, in his opinion, such information is evidence material to any Federal civil litigation involving a Federal civil claim.
United States · United States Congress · 11 March 1980
Amends the Internal Revenue Code to prohibit the unauthorized disclosure of nonreturn information as well as of tax returns. Establishes an affirmative defense to a prosecution for unauthorized disclosure of a return or nonreturn information if such disclosure resulted from a good faith, but erroneous, interpretation of the confidentiality provisions of the Code while a Federal employee was acting within the scope of his employment or duties.
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
Airport and Airway Improvement Act of 1980 - Directs the Secretary of Transportation to review and revise the existing national airport system plan to provide for the development of public-use airports in the United States. Directs that such plan shall include the type and estimated cost of eligible airport development considered by the Secretary to be necessary to provide a safe and efficient system of public-use airports to anticipate and meet the needs of civil aeronautics, to meet requirements in support of the national defense, and to meet the needs of the postal service. Directs the Department of Defense to make military airports and airport facilities available for civil use to the extent feasible. Authorizes the Secretary of Transportation to make grants from the Airport and Airway Trust Fund for airport development and planning in the form of project grants. Sets forth the aggregate funding level for such grants for fiscal years 1981 through 1985. Directs that no obligation shall be incurred by the Secretary for airport development at a privately owned public-use airport unless the Secretary receives assurances that such airport will continue to function as a public- use airport during the economic life (no less than ten years) of any facility at such airport that was developed with Federal financial assistance under this Act. Authorizes appropriations out of such fund for fiscal years 1981 through 1985 for: (1) the establishment of air navigation facilities; (2) airport research engineering and development, and demonstration projects; (3) training State and local government employees to carry out the purposes of this Act; (4) costs of services provided under international agreements relating to the joint financing of air navigation services; and (5) costs incurred in operating and maintaining air navigation facilities in a safe and efficient condition. Directs that the costs of site preparation work associated with the establishment or improvement of air navigation facilities by the Secretary pursuant to the Federal Aviation Act of 1958 shall be charged to appropriated funds available to the Secretary for that purpose. Directs that the Secretary shall provide in a grant or other agreement with an airport owner or sponsor, for the performance of such site preparation work in connection with airport development, subject to payment or reimbursement for such work by the Secretary from such appropriated funds. Prohibits appropriations from the Trust Fund to carry out programs or activities under such Act. Directs that amounts authorized shall remain available in the Trust Fund until appropriated for the purposes described. Directs that amounts transferred to the Trust Fund by the Airport and Airway Revenue Act of 1970 may not be appropriated for administrative expenses of the Department of Transportation. Grants the Secretary the authority to obligate to an airport by grant agreement the unobligated balance of amounts that were apportioned in prior fiscal years and that remain available for approved airport development projects, in addition to amounts authorized for that fiscal year by this Act. Sets forth the method for apportioning the funds made available under this Act. Sets forth conditions which determine eligibility for funding under this Act. Sets forth procedures for the submission of project grant airport development applications and requirements which must be satisfied to approve such applications. Requires a sponsor of an airport project to hold public hearings where the project-grant application involves the location of an airport, an airport runway, or a major runway extension. Directs that such a grant shall not be made unless the Governor of the State in which the project is to be located certifies in writing to the Secretary that there is a reasonable assurance that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality implementation plans. Authorizes the Secretary to approve standards (other than standards for safety of approaches) established by a State for airport development at public-use airports which are not primary airports. Authorizes the Secretary, in connection with any project the sponsor will comply with this Act, to require the project sponsor to certify that all of the statutory and administrative requirements imposed by this Act. Directs that the United States' share of allowable project costs for a project approved under this Act shall not exceed 90 percent of its cost. Establishes lower percentages for such projects under specified circumstances. Imposes upon the Secretary, as a condition precedent to approval of an airport development project contained in a project grant application submitted under this Act, the duty to receive written assurances that: (1) such airport will be available for public use on fair, reasonable, equitable and nondiscriminatory terms; (2) generally, no person providing aeronautical services to the public will have an exclusive right to use such airport; (3) such airport and related facilities will be suitably operated and maintained, with due regard to climatic and flood conditions; (4) the aerial approaches to such airport will be adequately cleared, protected, and hazard-free; (5) land in the immediate vicinity of such airport will be used for purposes compatible with airport operations; (6) such airport's facilities will be available for use by United States Government aircraft; (7) the airport operator or owner will furnish certain land, water, or estate therein to the Federal Government for use in connection with air traffic control, navigation, weather reporting, or communications activities related to air traffic control; (8) all project records will be kept in accordance with a standard accounting system; (9) the airport operator or owner will maintain a fee and rental structure for the facilities and services being provided to airport users which will make the airport as self-sustaining as possible; (10) such operator or owner will submit reports as requested by the Secretary; (11) the airport and all airport records will be available for the Secretary's inspection; and, (12) such operator or owner who receives a grant for the purchase of land for noise compatibility purposes which is conditioned on the disposal of the acquired land at the earliest practicable time will use its best efforts to so dispose of such land. Authorizes the Secretary to relieve a project sponsor from contractual obligations entered into under this Act, the Airport and Airway Development Act of 1970, or the Federal Airport Act, to provide free space in airport buildings to the Federal Government. Directs the Secretary first to determine that the cost of an airport development or planning project is allowable before the United States pays from amounts appropriated to carry out the provisions of this Act. Sets forth conditions to determine whether costs are allowable. Authorizes the Secretary to approve, as allowable costs of an airport development project, terminal development costs in nonrevenue producing public-use areas which are directly related to the movement of passengers and baggage. Directs that construction work on projects funded under this Act shall be subject to inspection and approval by the Secretary and shall be in accordance with regulations prescribed by the Secretary. Directs that contracts in excess of $2,000 for such construction projects shall include provisions establishing minimum rates of wages to be predetermined by the Secretary of Labor in accordance with the Davis-Bacon Act. Requires that construction contracts for airport development projects grant employment preferences to Vietnam and disabled veterans. Directs the Secretary of Transportation, in the event that a public airport project will require the use of Federal lands, to request the head of the Federal agency or department controlling such lands to transfer the necessary property interests to the public agency sponsoring the project or which owns or controls the airport involved. Requires the head of such an agency or department to notify the Secretary within four months of its decision with respect to such a request. Exempts from such requests lands under the administration of the National Park Service, units of the National Wildlife Refuge System or similar areas under the jurisdiction of the United States Fish and Wildlife Service, or within any national forest or Indian reservation. Directs the Secretary of Transportation to annually report to the Congress describing operations under this Act during the preceding fiscal year. Sets forth criminal penalties for fraudulent acts committed with respect to projects under this Act. Sets forth recordkeeping and auditing requirements with respect to projects under this Act. Directs the Secretary to take affirmative action to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds received from any grant made under this Act. Repeals the provisions of the Airport and Airway Development Act of 1970. Amends the Aviation Safety and Noise Abatement Act of 1979 by authorizing the Secretary to incur obligations to make grants for airport noise compatibility planning. Amends such Act by stating that all of the provisions of this Act applicable to grants made herein shall be applicable to grants made under such Act. Amends the Airport and Airway Development Act Amendments of 1976 by authorizing $19,750,000 to be appropriated out of the Airport and Airway Trust Fund before the date which is 180 days after the date of enactment of the International Air Transportation Competition Act of 1979.
United States · United States Congress · 27 February 1980
Food Security Act of 1980 - Declares it to be U.S. policy to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President, in order to carry out such policy, to establish a reserve stock of wheat of up to 4,000,000 metric tons for specified purposes. Permits stocks of wheat for such reserve to be acquired: (1) through purchases from producers or in the market, if the Secretary of Agriculture determines that such purchases will not unduly disrupt the market; and (2) by designation by the Secretary of stocks of wheat acquired by the Commodity Credit Corporation. Authorizes the President to release such designated or acquired wheat reserve stocks to provide, on a donation or sale basis, emergency food assistance to developing countries at any time that the U.S. domestic wheat supply is so limited that quantities cannot be made available for disposition, except for humanitarian purposes, under the Agricultural Trade Development and Assistance Act of 1954. Provides that up to 300,000 tons of wheat may be released from the reserve in any fiscal year for use under such Act in providing urgent humanitarian relief in developing countries which suffer major disasters (as determined by the President), in circumstances of unanticipated and exceptional need when the normal means of obtaining food assistance make timely programming impossible. Directs the President to report to the appropriate congressional committees on wheat so released and its timely replenishment. Allows such wheat to be processed in the U.S. and shipped to the recipient country as wheat flour, when necessary. Requires that such wheat be made available under such Act, with specified provisions as to determinations of availability inapplicable thereto. Directs the Secretary to provide for reserve management as to location and class of wheat needed to meet emergencies, rotation to avoid spoilage and deterioration, and prompt equivalent replacement of removed quantities. Specifies that stocks of wheat shall not: (1) be considered a part of the total domestic supply (including carryover) for certain purposes; or (2) be subject to any quantitative export limitations under the Export Administration Act of 1979. Directs the Secretary to utilize the funds and authorities of the Commodity Credit Corporation in carrying out this Act, except that any restrictions applicable to the acquisition, storage, or disposition of Corporation owned or controlled commodities shall not apply to wheat for or in the reserve. Requires that the Corporation be reimbursed for actual costs under such program. Declares final any determination by the President or the Secretary under this Act. Provides that: (1) this Act shall take effect on October 1, 1980; (2) the authorities of this Act shall expire on September 30, 1983; and (3) any wheat in the reserve when such authorities expire shall be distributed under the Agricultural Trade Development and Assistance Act in fiscal year 1984 and subsequent fiscal years.
United States · United States Congress · 13 February 1980
Amends title II (Old Age, Survivors and Disability Insurance) to permit a State to modify its coverage agreement to exclude election officials and workers whose remuneration is less than $300. Authorizes a State to make such exclusion effective in the calendar year preceding the delivery of its modification to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare).
United States · United States Congress · 13 February 1980
Authorizes and requests the President to issue a proclamation extending best wishes and expressing appreciation to Carl Vinson for his devotion to the United States.
United States · United States Congress · 11 February 1980
Requests the U.S. Olympic Committee to propose to the International Olympic Committee that all nations join in funding a facility in Greece to serve as the permanent site of the summer Olympic games.
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 · 20 December 1979
Transportation Systems Efficiency Act of 1979 - Title I: - Amends the Urban Mass Transportation Act of 1964 to stipulate that the authorization of funds for public mass transportation projects under such Act shall remain available for obligation for the three fiscal years after the fiscal year for which the authorization was made. Authorizes the Secretary of Transportation to make grants for energy conservation projects on nontoll public roads to reduce traffic congestion and facilitate traffic flow on a Federal-aid system highway. Stipulates that the Federal share of such a project shall be 90 percent of its cost. Authorizes appropriations for fiscal years 1981 through 1990 out of the Public Transportation Trust Fund (as established by title III of this Act) for projects under the Urban Mass Transportation Act of 1964 and for public mass transportation projects substituted for Interstate Highway System projects. Title II: - Authorizes the Secretary of Transportation to apportion funds for the repair of public roads which have incurred a substantial increase in use as a result of transportation activities to meet national energy requirements and which will continue to incur such use. Stipulates that the Federal share of such a project shall be 80 percent of its cost. Authorizes appropriations for fiscal years 1980 through 1990 for such purpose out of the Highway Trust Fund and out of the Energy Trust Fund (as established by H.R. 3919 of the 96th Congress or its equivalent). Authorizes the Secretary to make grants to separate rail highway crossings where there is a substantial increase in the use of rail facilities in transporting coal to meet national energy requirements and where the continued use of such facilities will result in substantial delays of highway travel. Stipulates that the Federal share of such a project shall be 80 percent of its cost. Authorizes appropriations for such purpose for fiscal years 1980 through 1990 out of the Highway Trust Fund and the Energy Trust Fund. Title III: Public Transportation Trust Fund - Establishes within the Treasury of the United States the Public Transportation Trust Fund. Appropriates to such Fund 25 percent of the amounts received by the Treasury pursuant to the windfall profit tax on domestic crude oil. Stipulates that the proceeds of such Fund shall be used for making capital expenditures for public transportation projects or transportation systems projects under the Urban Mass Transportation Act of 1964 or under title 23 (Highways) of the United States Code.
United States · United States Congress · 18 December 1979
Used Machinery Investment Credit Adjustment Act of 1979 - Amends the Internal Revenue Code to increase from $100,000 to $200,000 the cost of used property which is eligible for the investment tax credit.
United States · United States Congress · 12 December 1979
Authorizes the President to impose higher or additional duties on the products of any country which is not cooperating with the United States in its diplomatic or economic initiatives to terminate the unlawful actions of other foreign governments regarding U.S. citizens assigned to a U.S. diplomatic mission.
United States · United States Congress · 4 December 1979
Title I: Limitation on Future Growth of Federal Spending and Tax Expenditures - Federal Spending and Tax Expenditure Control Act of 1979 - Amends the Congressional Budget Act of 1974 to prohibit the adoption of any concurrent resolution on the budget which sets forth a level of total budget outlays and total tax expenditures in excess of 28.5 percent of the gross national product in fiscal year 1981, 28 percent of the gross national product in fiscal year 1982, or 27.5 percent of the gross national product in any fiscal year thereafter. Establishes procedures to enable the President and the Congress to suspend such limitations on budget outlays and tax expenditures. Title II: Federal Credit Program Control - Federal Credit Program Control Act of 1979 - Declares that the purpose of this Act is to provide a basis for controlling loans and loan guarantees under Federal credit programs through the congressional budget process. Requires the first concurrent resolution on the budget for each fiscal year to set forth the appropriate level of total gross obligations for the principal amount of direct loans and the appropriate level of total commitments to guarantee loans and to allocate such totals among the major functional categories of the budget. Directs each standing committee of the House and Senate to submit its estimates of direct loan obligations and loan guarantee commitments provided for in legislation under its jurisdiction by March 15 of each year for consideration of the Budget Committees in formulating the budget resolution. Directs the House and Senate Banking Committees to submit recommendations to the Budget Committees for the aggregate levels of direct loans and loan guarantees in each fiscal year. Requires the joint explanatory statement accompanying a conference report on the concurrent resolution on the budget to include an estimated allocation of the total levels of direct loan obligations and loan guarantee commitments among the committees of the House and Senate. Directs the Committees on Appropriations to provide such an allocation among their subcommittees as soon as practicable after a budget resolution has been agreed to. Requires the House Committee on Appropriations, before reporting any regular appropriations bills, to submit a summary report to the House comparing the credit authority contained in such bills to the levels agreed to in the budget resolution. Requires any report accompanying legislation conferring new budget authority or increasing tax expenditures to include information on direct loan obligations and loan guarantee commitments. Establishes a deadline for the completion of action on legislation providing credit authority. Requires the second concurrent resolution on the budget in any fiscal year and the reconciliation process to take into account Federal obligations and commitments on loans and loan guarantees. Declares out of order any measure brought up for consideration in either House which would increase the level of loan obligations and guarantee commitments agreed to in the budget process. Requires any authority to guarantee the payment of any indebtedness to be contingent on provisions in appropriation Acts.
United States · United States Congress · 9 November 1979
Sunset Review Act of 1979 - Requires the House Committee on Rules and the Senate Committee on Rules and Administration to jointly develop and maintain an inventory of all Federal programs and tax expenditures. Requires such inventory to classify all such programs and expenditures according to the jurisdiction of the various legislative committees of the two Houses. Requires the General Accounting Office, before the beginning of the 97th Congress, after consultation with the appropriate legislative committees, to submit a draft inventory to the House Committee on Rules and the Senate Committee on Rules and Administration. Requires such Committees to notify each legislative committee of the programs and tax expenditures which are classified within its jurisdiction. Allows any legislative committee to propose revisions of such inventory within 30 days after notification. Requires, after a determination that all programs and tax expenditures are accurately classified, that such inventory be published in a single document. Requires that an update be made of such inventory at the beginning of every Congress. Directs the General Accounting Office to maintain and publish a supplement to the inventory. Requires each legislative committee of the House of Representatives and the Senate, on or before March 1 in the first session of each Congress beginning with the 98th Congress, to develop, adopt, and submit to the House Committee on Rules and the Senate Committees on Rules and Administration an agenda for the sunset review of selected Federal programs within its jurisdiction or in the case of the House Committee on Ways and Means and the Senate Committee on Finance, of selected tax expenditures. Requires the committees of each House to develop their sunset review agenda in consultation with any other committee which has concurrent jurisdiction over any programs or tax expenditures involved. Prohibits either the House or the Senate from considering a primary expense resolution for any legislative committee in any Congress until that committee has developed and submitted its sunset review agenda. Requires the House Committee on Rules and the Senate Committee on Rules and Administration to incorporate such agendas into a consolidated sunset review agenda and to report such consolidated agenda to its House in the form of a concurrent resolution, within seven legislative days after all committee sunset review agendas have been submitted. Requires the consolidated sunset review agenda to be adopted in the House and in the Senate no later than March 30 in the first session of each Congress. Sets forth the procedures for adoption. Requires each committee of the House or the Senate, not later than May 15 in the second session of each Congress, to report a bill or bills modifying, continuing, or terminating each program or tax expenditure which it has been directed to review under the consolidated sunset review agenda adopted during the first session. Requires such bill to be accompanied by a report setting forth the committee's findings, recommendations, and justifications. Requires each department, agency, and instrumentality in the executive branch of the Government which is responsible for the administration of a Federal program or tax expenditure selected for sunset review to give assistance to the appropriate Congressional committees. Specifies that nothing in this Act shall affect the authority of any legislative committee to review programs or tax expenditures within its jurisdiction and to report legislation modifying, continuing, or terminating such programs or expenditures at such times and in such manner as it deems appropriate. Amends rule X of the Rules of the House of Representatives to include the consolidated sunset review agendas and the congressional inventory of Federal programs as part of the House Committee on Rules' functions.
United States · United States Congress · 19 October 1979
Title I: Findings, Purposes, and Definitions - Declares that the purpose of this Act is to provide for a coordinated, simplified, and prompt process for obtaining Federal, State, and local approval of nonnuclear energy facilities which are determined to be in the national interest. Title II: Priority Projects - Authorizes the President to establish an Energy Mobilization Board to be composed of members appointed by the President. Sets forth the general duties and powers of such Board, including the subpoena power. Directs the Board to keep the Senate Committee on Energy and Natural Resources and the House Committees on Interior and Insular Affairs and on Interstate and Foreign Commerce fully and currently informed concerning its activities, including the submission of an annual report. Stipulates that projects related to the production of nuclear energy or approved under the Public Utility Regulatory Policies of 1978 be excluded from coverage under this Act. Directs the Board to designate Priority Energy Projects and to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Directs the Board to provide the appropriate committees with a copy of such designation orders. Sets forth the criteria the Board must consider in making such designations, including: (1) the extent to which the energy project would reduce the Nation's dependence upon nonrenewable resources; (2) the magnitude of any economic and social impacts and costs associated with the project in relation to the impacts and costs of alternatives; (3) the extent to which the project would make use of renewable energy resources, or conserve energy; (4) the extent to which the project would contribute to the development of new production or conservation technologies and techniques; (5) adverse impacts on the environment and on competition; and other specified criteria. Directs the Board to notify the Governor of each State in which any portion of a project designated as a Priority Energy Project is proposed to be located. Permits such Governor to appoint a non-voting Member to the Board to participate in decisions concerning such project, including the Project Decision Schedule. Exempts priority energy project designations or refusals to make a designation, promulgation or revision of Project Decision Schedules, and Board actions relating to streamlining of procedures, from the impact statement requirements of the National Environmental Policy Act of 1969 (NEPA). Directs the Council on Environmental Quality to determine whether any Federal action relating to a Priority Energy Project, after it has been so designated and prior to establishing the Project Schedule, will be a "major Federal action" for purposes of compliance with the National Environmental Policy Act (NEPA). Requires the Council to designate a lead agency to assure compliance with NEPA whenever a major Federal action is involved. Authorizes the Board to require that one environmental impact statement be prepared and that such statement be used by all Federal agencies to satisfy NEPA with respect to such projects. Authorizes the Board to extend the time for certain deadlines. Requires each agency having authority to make any agency decision with respect to any part of a project designated as a Priority Energy Project to transmit to the Board: (1) a compilation of all significant actions required to be taken by such agency and by the applicant before such decision can be made and a summary of procedural requirements applicable to such actions; (2) a tentative schedule for completing such actions and making such decisions; and (3) a statement of administrative requirements to take such actions. Directs the Board to publish a Project Decision Schedule within 45 days of the transmittal of agency information. Stipulates that such schedule: (1) identify the order in which decisions which must be made by each agency are to be made; (2) identify the deadlines applicable to such decisions; (3) be consistent with the tentative schedules transmitted to the Board, unless the Board determines a different schedule is essential to expedite and coordinate agency review; and (4) be binding on the agency and on all other persons to which the Schedule applies. Permits the Board to modify any schedule applicable to any agency's decision or action subject to the Project Decision Schedule upon petition of such agency where the agency determines such modification will facilitate agency compliance with the Schedule. Permits affected agencies to consolidate proceedings related to actions and decisions subject to the Project Decision Schedule, if such streamlined procedures provide for effective participation by interested parties in such decisionmaking. Directs the Board to monitor compliance with the Schedule by all affected agencies and persons. Permits the Board to take such actions as it deems appropriate to bring any person or agency responsible for a project delay into compliance with the Schedule. Directs the Board, when any person responsible for filing or taking any other action on behalf of a Project refuses to take such action, to either revise such Project Decision Schedule or revoke the Priority Energy Project designation. Stipulates that, unless otherwise provided for, the other statutory obligations and authority of any independent regulatory agency remain unaffected by this Act. Authorizes the Board to bring an expedited enforcement action against any agency failing to or reasonably likely to fail to comply with a Project Decision Schedule in the appropriate United States district court. Directs such court to issue specified orders requiring compliance with such Schedule and to take any necessary measures, including citation and punishment of the responsible officials for contempt of court, for failure to meet any court-imposed deadlines. Authorizes the President to perform any action or make any decision required of an agency by court order in the event such agency fails to perform such action or make such decision. Authorizes the Board to order the temporary suspension of the application of any requirement of Federal, State, or local law enacted or promulgated after the commencement of construction of any facility which is part of a Priority Project where it is determined that such requirement could prevent timely completion or operation of such facility and that such temporary suspension would not create any significant public health or safety risks. Sets forth time limits on such suspension orders and exempts specified requirements from being suspended. Stipulates that nothing in this Act shall expand or confer on the United States any right to acquire water rights nor alter any provisions of State law or interstate compact governing water use. States that Board action granting or denying designation orders or suspending Federal, State, or local requirements of law shall be subject to judicial review only for failure to comply with this Act or for constitutional violations. Provides for judicial review of other Board actions as specified. Requires that any reviewing court expedite and consolidate such review to the maximum extent practicable. Requires that any party seeking Supreme Court review of any judgment or order of a circuit court of appeals pursuant to this Act must file a petition for a writ of certiorari within 60 days of the decision of the lower court or such appeal shall be barred. Sets a 60-day time limit for the promulgation of regulations for carrying out this Act. Terminates the Board's authority seven years after the date of enactment of this Act. Directs the Board to prepare and submit to the President and the Congress a comprehensive report of its activities during such period. Directs the Comptroller General of the United States to submit to the Congress a report evaluating the performance of the Board and setting forth findings and recommendations with respect to the program authorized under this Act. Authorizes appropriations for fiscal year 1980 and succeeding fiscal years to carry out this Act.
United States · United States Congress · 19 October 1979
Expresses the sense of Congress that the Soviet Union should release Ida Nudel and allow her to emigrate to Israel. Urges the President to: (1) express U.S. opposition to the exile of Ida Nudel to Siberia; and (2) inform the Soviet Union that the United States will take into account the extent to which countries honor their commitments under international law, particularly concerning human rights.
United States · United States Congress · 18 October 1979
Rural Cooperative Business Income Act of 1979 - Amends the Internal Revenue Code to provide that income received by a mutual or cooperative telephone or electric company for services to customers or rural telephone or electric companies, and income received from the rental or sale of communications or power facilities, shall not be subject to the tax on unrelated business income.
United States · United States Congress · 17 October 1979
Intelligence Identities Protection Act - Amends the National Security Act of 1947 by adding a new title V: Protection of Certain National Security Information. Establishes a maximum criminal penalty of ten years' imprisonment and/or a $50,000 fine for anyone who, having had authorized access to classified information, intentionally discloses to any individual not authorized to receive classified information any information that identifies an individual as an employee of an intelligence agency or as an agent, informant, or source of assistance to an intelligence agency, where the actor knows or has reason to know that the information so identifies such individual and that the United States is taking affirmative measures to conceal such individual's intelligence relationship to the United States. Establishes a maximum criminal penalty of one year imprisonment and/or a $5,000 fine for anyone who with intent to impair the foreign intelligence activities of the U.S. discloses such information with such knowledge. Makes it a defense to such crimes that before the commission of the offense the United States had publicly acknowledged or revealed the intelligence relationship of the individual to the United States. Stipulates that it shall not be an offense to transmit such information directly to the congressional intelligence committees.
United States · United States Congress · 28 September 1979
Independent Contractor Tax Act of 1979 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of social security taxation. Treats an individual as an independent contractor if such individual: (1) controls the total number and scheduling of his work hours; (2) pays fair rental value for business premises at which he performs more than one half of his services; (3) earns income based upon sales or output rather than upon number of hours worked, or as a result of business investments (other than in vehicles, tools, samples, etc.) which enable him to perform services for which he is remunerated; and (4) performs services pursuant to a prior written contract which specifies that the individual performing services is not an employee for purposes of social security and unemployment taxation and which provides written notice to such individual of his responsibility with respect to payment of income and self-employment taxes. Requires the recipient of services performed by an individual claiming independent contractor status to file returns disclosing payments made to such individual. Provides that the criteria established by this Act shall not be applicable to certain employees (i.e. agent-drivers, commission-drivers, full-time life insurance salesmen, home workers, and traveling or city salesmen) who are statutorily designated as employees for purposes of social security taxation. Provides that the failure of an individual claiming independent contractor status to meet the criteria established by this Act shall not create an inference that such an individual is an employee or that the recipient of his services is an employer. Limits the applicability of the criteria established by this Act to questions of employment status arising under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, self-employment tax provisions, and withholding requirements under the Internal Revenue Code. Requires recipients of services performed by an independent contractor to file an information return with respect to payments made for such services in excess of $600 for the taxable year. Requires businessmen who make direct sales of consumer goods to individuals for resale on a buy-sell basis or a deposit-commission basis to file information returns for sales in excess of $3,000. Requires individuals who file such information returns to furnish written statements to persons with respect to whom such information is reported which indicate the amount of payment reported. Provides penalties for failure to furnish information returns or statements. Requires recipients of services performed by an independent contractor to withhold ten percent of the payment made for such services. Sets forth exceptions to such withholding requirement. Provides a penalty for failure to comply with withholding requirements.
United States · United States Congress · 11 September 1979
Constitutional Amendment - Limits the increase of total budget outlays of the United States Government during any fiscal year to a percentage equal to the percentage increase in the gross national product during the previous calendar year. Stipulates that if the inflation rate exceeds three percent annually the increase in total outlays shall be reduced by one-fourth the difference between the inflation rate and three percent. Requires any surplus in total revenues received by the Government to be used to reduce the public debt. Allows the limit on total outlays to be changed by a three-quarters vote of both Houses of Congress, or to meet an emergency declared by the President. Continues Federal aid programs to States and local governments for a period of six years. Prohibits Congress authorizing any United States agency from requiring that a State or local government engage in additional or expanded activities without compensation equal to the additional costs.
United States · United States Congress · 2 August 1979
Solar Energy Incentive Tax Act of 1979 - Amends the Internal Revenue Code to set the amount of the investment tax credit for solar energy property at 30 percent and to extend the expiration date for such credit and the credit for energy property other than solar energy property until December 31, 1985. Permits noncorporate lessors of solar energy property to qualify for the investment tax credit, if within the first 12 month period after the letting of such property the sum of business related income tax deductions with respect to such property exceeds 15 percent of the rental income produced by such property. Limits the amount of basis to which the investment tax credit is applicable to $10,000. Allows a residential energy credit for solar energy property if the original use of such property begins with the taxpayer as the lessee of such property. Allows a residential energy credit with respect to solar energy property to the extent such property performs a solar function. Allows the amortization of solar energy property based on a 36 month period.
United States · United States Congress · 2 August 1979
Sales Representatives Protection Act - Title I: Contracts Between Sales Representatives and Principals - Requires a principal to furnish specified information to a sales representative concerning orders placed through the representative's account and a monthly accounting of commissions due such representative. Enumerates items which must be set forth in any contract between a sales representative and a principal. Title II: Indemnification - Exempts principals conforming with such information requirements from the indemnification provisions set forth in this Act. Requires a principal who, without good cause, terminates a contract between such principal and a sales representative, or reduces the rate of commission for orders solicited on behalf of such principal, to indemnify the representative according to this Act. Requires a principal who reduces the size of the geographic territory assigned to a representative for a specified account, which results in a specified reduction in commissions, to indemnify such representative. Sets forth formulae for the indemnification of such representatives. Title III: Miscellaneous - Allows a plaintiff to bring an action to enforce any rights or liabilities created by this Act in a United States district court. Stipulates the procedure for such action.
United States · United States Congress · 27 July 1979
Consumer Checking Account Equity Act of 1979 - Amends the Federal Reserve Act and the Federal Deposit Insurance Act to authorize member banks in the Federal Reserve System and federally insured nonmember banks to make automatic funds transfers from a savings deposit to a demand deposit pursuant to the written authorization of the depositor to make such transfers in connection with checks or drafts drawn upon the bank. Authorizes federally insured banks and savings and loan associations, State banks and savings and loan associations, savings banks, and mutual savings banks to offer interest-bearing deposits or accounts upon which the depositor may make withdrawals by negotiable instrument for the purpose of making transfers to third parties (NOW accounts). Stipulates that such deposits or accounts may only be held by individuals or nonprofit organizations. Amends the Home Owners' Loan Act of 1933 to permit Federal savings and loan associations and Federal mutual savings banks to establish remote service units pursuant to regulations of the Federal Home Loan Bank Board. Authorizes such associations to extend loans directly related to negotiable order of withdrawal accounts. Amends the Federal Home Loan Bank Act to require any institution which has subscribed for the stock of a Federal Home Loan Bank to maintain reserves against its negotiable order of withdrawal accounts pursuant to regulations prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System. Prescribes the required form of such balances. Amends the Federal Credit Union Act to permit insured credit unions to offer share draft deposits to individuals and nonprofit organizations in accordance with regulations prescribed by the National Credit Union Administration Board. Requires each Federal credit union to maintain reserves against such deposits in amounts and forms prescribed by the Board after consultation with the Board of Governors of the Federal Reserve System.
United States · United States Congress · 26 July 1979
Amends the Internal Revenue Code to provide that the net operating loss carryover period for a taxpaying entity which ceases to be a real estate investment trust shall be the same as the net operating loss carryover period for an entity which continues to qualify as a real estate investment trust.
United States · United States Congress · 23 July 1979
Social Welfare Reform Amendments of 1979 - Title I: Aid to Families with Dependent Children; Assistance to Meet Emergency Needs; Earned Income Credit - Amends part A (Aid to Families with Dependent Children, hereinafter AFDC) of title IV of the Social Security Act to provide that in determining the income and resources of individuals claiming AFDC the following shall be disregarded in the case of any child or relative receiving AFDC: (1) the first $70 per month of earned income; (2) 20 percent of any self-employment earnings; (3) one-third of the amount of earned income not disregarded under clauses (1) or (2); (4) up to $160 in child care; and (5) a certain amount of the total income as determined by a formula set forth in this Act. Defines the term "income" for purposes of part A to include all income from whatever source. Specifies items which shall be excluded from income, including assistance which is based on need and is furnished by a State in order to augment AFDC. Amends the AFDC program to permit States to pay reduced benefits in the case of an AFDC child living with a relative who is not legally responsible for such child by pro-rating the costs of shelter and utilities for such child among household members. Repeals provisions of part A which: (1) require AFDC payments to be reduced by any unemployment compensation received by a child's parent; (2) require that training incentives and income derived from a special work project under the Work Incentive Program (WIN) be disregarded in determining eligibility under part A based on income; and (3) require that in determining an individual's needs, the additional expenses attributable to participation in the WIN program shall be taken into account. Provides for the payment of reasonable work expenses, in addition to the incentive payment already authorized, under the WIN program. Excludes such work expenses and incentive payments from income under any Federal or federally assisted program. Directs the Secretary of Health, Education, and Welfare to prescribe the types and maximum allowable amounts of financial resources which an eligible AFDC family may own. Stipulates that such maximum may be not less than $750 nor more than $1,750. Excludes from such resources, among other things: (1) any licensed vehicle but only such portion of the fair market value that is below $4,500; (2) a home; (3) burial plots; (4) household goods and personal effects; and (5) resources of which the cash value cannot be readily realized. Prohibits the imposition of a lien against the property of any individual because of AFDC paid and received. Prohibits an individual from receiving AFDC benefits for specified periods if within 24 months of applying for benefits such individual disposed of property having an uncompensated value of more than $3,000 and which, if retained, would have caused such individual to be ineligible for benefits. Substitutes the term "unemployed parent" for the term "unemployed father." Repeals the requirement, in the case of a dependent child of an unemployed parent, that such parent must have been employed for at least six out of 13 work period quarters in the period ending one year prior to applying for benefits. Stipulates that only the principal earner of a family need register for manpower services, training, and employment as a condition of eligibility for AFDC, but that aid shall not be denied if the principal earner is not registered and the other parent is registered. Includes within the definition of AFDC, payments to a pregnant woman who, following a child's birth, would become eligible for AFDC. Requires a State plan of AFDC to cover the caretaker relative of a dependent child with whom such child is living, and both the mother and father if the child is deprived by reason of the incapacity or unemployment of a parent. Sets forth a formula for determining monthly AFDC payments based in part on a family's monthly cash needs standard or monthly payment standard. Directs each State to establish standards for a family with dependent children such that, for any family with no income other than AFDC payments each of the standards, when added to the value of the monthly allotment of food stamp coupons, will equal an amount that is not less than 60 percent of the income poverty guidelines for a family with the same number of members as such family. Permits a State to vary its monthly cash needs standard so as to take into account differences in the cost of living in different geographical regions of the State. Directs the Secretary to conduct a study of the desirability and feasibility of: (1) raising the minimum benefit amount under the AFDC program; and (2) alternatives to the existing matching formulas under the AFDC program. Defines the term "income poverty guidelines." Provides for the adjustment of such guidelines in accordance with changes in the Consumer Price Index. Directs the Secretary to set forth the rights and responsibilities of AFDC applicants and recipients including, among others: (1) requiring a State to determine eligibility within 30 days of receiving an application; (2) the right of any family to a hearing to protest an agency determination; and (3) requiring a State to replace a lost or stolen check within five days. Sets forth State plan requirements concerning: (1) the effective date of the application; (2) the period for determination of eligibility; (3) the time of the month at which payment must be made; and (4) an annual review of eligibility. Permits an individual to refuse employment yet remain eligible for AFDC if acceptance of such employment would result in a reduction of such individual's income. Requires a State, under part A of title IV, to provide assistance to meet emergency needs to an AFDC or low-income family with children faced with extraordinary expenses or needs caused by or arising from an accident, natural disaster or other unpredictable event. Directs the Secretary of the Treasury to increase the Federal payment to a State, according to a specified formula, for AFDC payments in the case of a child deprived of parental support due to: (1) the death, absence, or incapacity of a parent; or (2) the unemployment of a parent. Directs the Secretary to pay to a State for fiscal years 1982-1986 an amount equal to the excess of the State's allowable expenditures for AFDC if such expenditures exceed 95 percent of the States fiscal liability base. Provides for a declining proportion of the amount paid in FY 1986 to be paid to a State for FY's 1987 through 1989. Defines the terms "allowable expenditures for AFDC" and fiscal liability base. Permits a State to increase its allowable expenditures for AFDC according to guidelines set forth in this Act. Directs the Secretary of Health, Education, and Welfare to issue regulations pertaining to the administration of the aid to families with dependent children program. Directs the Secretary of the Treasury to pay to a State, under part A: (1) 90 percent of the expenditures for development of mechanized claims processing and information retrieval systems to provide for the effective administration of the State plan under such part; and (2) 75 percent of State expenditures for the operation of such systems. Authorizes the Secretary of Health, Education, and Welfare to grant funds to assist a State agency in meeting the cost of developing and implementing systems, techniques, or other innovative approaches designed to improve the administration of an AFDC plan. Stipulates that such funds will be available only to a State agency that demonstrates a substantial likelihood of achieving comprehensive improvements in the administration of a State plan. Requires a State AFDC plan to provide for: (1) the recovery of aid incorrectly paid; (2) the payment of aid incorrectly denied or underpaid; and (3) the cooperation of all State agencies administering AFDC plans in reviewing case records and providing information to identify AFDC recipients who are receiving AFDC benefits in more than one State and benefits under any other federally supported program. Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health, Education, and Welfare to develop measures for monitoring and assessing the performance at least annually, of the effectiveness of the requirements for the approval of a State AFDC plan. Sets forth amendments relating to incentive payments made to a State with a low rate of erroneous AFDC payments. Prohibits the payment of aid for any month with respect to any dependent child if the amount of payment would be less than $10.00. Authorizes the appropriation of $150,000,000 to be allocated among the States to assist them in initially implementing the amendments made by this Act. Amends the Internal Revenue Code to provide that when determining whether an individual is self-supporting or supported by another individual, or is maintaining a household, any benefit provided under any public assistance program used for the support of the individual or of the maintenance of the household shall not be taken into account. Increases the tax credit allowed on earned income not in excess of $5,000. Excludes from earned income earnings performed in a public service job if such earnings are paid in whole or in part from funds provided under title II (Comprehensive Employment and Training Services) of CETA. Authorizes, under the AFDC program, cash payments in lieu of food stamps. Title II: Supplemental Security Income - Amends title XVI (Supplemental Security Income, SSI) of the Social Security Act to direct the Secretary of Health, Education, and Welfare to make to an SSI recipient, in addition to the benefits currently provided, a cash payment in lieu of food stamps to an eligible individual who lives alone or with other eligible individuals. States that an individual shall cease to qualify for SSI as an eligible spouse after a couple has been living apart for more than one month. States that a husband and wife who are living in the same medical care facility shall be considered to be living apart for the purposes of title XVI. Provides, with stated exceptions, that where an individual eligible for SSI is in a medical care facility, such individual's benefits for the period ending with the third consecutive month throughout which he or she is in such facility shall be determined as though he or she were continuing to reside outside the facility under the same conditions as prior to the entrance of such individual to the facility. Includes remuneration received for services performed in a sheltered workshop or work activities center as earned income, for the purpose of determining eligibility under title XVI based on income. Excludes a burial plot, certain burial expenses, and certain unearned income received in the form of real or personal property from the resources of an individual when determining the eligibility of such individual for SSI. Increases the amount of the cash advances available to an individual who is presumptively eligible for SSI and who is faced with a financial emergency. Permits an individual, if hospitalized outside the United States, to remain eligible for SSI if the foreign hospital was substantially more accessible than the nearest hospital within the United States. Repeals the definition of the term "child" for purposes of the SSI program and deletes the use of such term from the program. Substitutes conditions of age and occupation for the use of the term "child." Provides for the termination of State SSI supplementary payments in certain instances. Prohibits an individual from receiving SSI benefits for specified periods if within 24 months of applying for benefits such individual disposed of property having an uncompensated value of more than $3,000 and which if retained would have caused such individual to be ineligible for benefits. Permits the Secretary to waive the prohibitions of this paragraph if such waiver is justified. Provides that the income and resources of an individual who sponsors an alien for admission to the United States shall be imputed to such alien during the period of sponsorship, but not longer than three years, for purposes of determining eligibility for benefits under title XVI. Exempts aliens who became blind or disabled after the date of their admission to the United States. Authorizes the Secretary to waive such requirements for good cause. Extends, under title XVI, until October 1, 1982, the program of Federal payments to States for costs incurred in carrying out a State plan of services for disabled children who receive SSI benefits. Provides that when an individual who was represented by an attorney obtains a favorable judicial decision in a claim for past due SSI benefits, the court may allow as part of the judgment a fee for such representation not to exceed 25 percent of such benefits. Provides that eligibility and the benefit amount for SSI will be determined on a monthly rather than quarterly basis. Directs the Secretary to establish procedures for the prompt replacement of SSI benefit checks which have been lost, stolen, destroyed or not delivered within two mail delivery days following the day regularly designated for delivery. Prohibits any SSI benefit check from being honored for payment after 180 days have elapsed following the day on which it was issued. Directs the Secretary to investigate the eligibility of any individual whose check was not presented for payment within the 180 days. Title III: Amendments Applicable to Two or More Programs Under the Social Security Act - Amends title XI of the Act to set forth provisions concerning the disclosure of information relating to unemployment compensation which an individual has applied for, is receiving, or has received. Amends the Internal Revenue Code to permit officers and employees of the Social Security Administration to disclose tax return information disclosed to them to officers and employees of the Department of Health, Education, and Welfare or to an appropriate State agency for the purpose of determining eligibility for benefits or the amount of such benefits under specified programs of the Social Security Act. Title IV: Child Support Enforcement - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to authorize appropriations for the enforcement of support obligations owed by absent parents not only to their children, as is presently provided for, but also to the spouse, or former spouse, with whom such child is living. Makes permanent the requirement that a State plan provide child support collection or paternity determination services to an individual not otherwise eligible for such services under the plan. Permits a State, for purposes of determining eligibility for AFDC, to disregard for up to three consecutive months support payments received under part D of title IV. Prohibits payments to a State for child support services under part D of title IV unless the State submits to the Secretary a report specifying: (1) the amount of child and spousal support collected and disbursed; and (2) all expenditures made with respect to such services.
United States · United States Congress · 11 July 1979
Classified Information Criminal Trial Procedures Act - Title I: Procedures For Disclosure of Classified Information in Criminal Cases - Sets forth pretrial, trial, and appellate procedures for criminal cases involving classified information. Requires a court, on its own motion or on the motion of any party, to hold a pretrial conference to consider matters relating to classified information or which may promote a fair and expeditious trial. Requires a defendant who reasonably expects to disclose classified material during the trial or any pretrial hearing to notify the Government attorney and the court. Allows the Government to move for an in camera proceeding after certifying that such classified information might be compromised in a public proceeding. Permits the Government to take an appeal from a decision favorable to the defendant regarding the use, relevance or admissibility of such classified information before such information is disclosed. Authorizes the Attorney General to request an in camera proceeding whenever the Government learns, other than through such notification, that an action of the defendant will or is likely to result in the disclosure of classified information. Directs the court, upon the request of the Government, to issue an order prohibiting the defendant from disclosing or causing the classified information at issue to be disclosed pending the conclusion of such proceeding. Requires the Government to provide the defendant with notice of the classified information at issue before such proceeding is conducted. Allows the Government to object to any line of inquiry used by a defendant while examining a witness which may require such witness to disclose classified information not previously found admissible under the specified procedures. Directs the court to take any action necessary to determine whether the response is admissible as will safeguard against the disclosure of any classified information, including proffers from the Government and the defendant. Allows the Government to move for a court order to substitute for classified information whose disclosure has been authorized by the court pursuant to the above procedure: (1) a statement admitting the relevant facts such information would prove; or (2) a summary of the specified classified information. Directs the court to grant such a motion if the right of the defendant to a fair trial will not be impaired. Requires the sealing and preservation for appeal of any record of an in camera proceeding when the court determines that the classified information at issue may not be disclosed or elicited at the trial or any pretrial hearing. Directs the Court to order the defendant not to disclose or cause the disclosure of such classified information whenever such motion is denied and the Government files an objection to such disclosure. Directs the court to then: (1) dismiss the indictment or information; (2) dismiss specified counts of the indictment or information; (3) find against the Government on any issue to which the excluded classified information relates; (4) strike or preclude all or any part of the testimony of a witness; or (5) take any other action which the court determines is appropriate in the interests of justice. Allows the court to prohibit certain defendants who fail to comply with the notice requirements from: (1) disclosing or causing the disclosure of such classified information during trial; and (2) examining any witnesses with respect to such information. Directs the court after determining that classified information may be disclosed, to order the Government to provide the defendant with the information or the identity of any witness it expects to use to rebut the particular classified information. Authorizes the court to: (1) exclude any evidence not made the subject of a required disclosure; and (2) prohibit the examination by the Government of any witness with respect to such information. Directs the Government to provide the defendant, at his request, with a bill of particulars as to the portions of the indictment or information which the defendant identified as related to the classified information at issue in the pretrial proceeding. Stipulates that such bill of particulars be provided before such proceeding. Allows the Government to make an interlocutory appeal to a court of appeals from a decision of the district court: (1) requiring disclosure; (2) imposing sanctions for nondisclosure; or (3) refusing a protective order by the United States to prevent disclosure. Directs the court, upon motion of the Government, to issue a protective order against the disclosure of any classified information disclosed by the Government to any defendant in a criminal case in district court. Allows the court to authorize the Government: (1) to delete specified items of classified information from documents to be made available to the defendant; (2) to substitute a summary of the information for such documents; or (3) to substitute a statement admitting relevant facts the information would tend to prove. Directs the Supreme Court, in consultation with the Attorney General and the Director of Central Intelligence, to prescribe rules establishing procedures for the protection against unauthorized disclosure of any classified information in the custody of the Federal courts. Requires the submission of such rules to the appropriate congressional committees. Requires the Government, in any prosecution in which it must establish that material relates to the national defense or constitutes classified information, to notify the defendant of the material upon which it reasonably expects to rely. Title II: Department of Justice Decisions Not to Prosecute Because of Possible Disclosure of Classified Information - Directs the Attorney General to: (1) issue guidelines specifying the factors to be used by the Department of Justice in deciding whether to prosecute a violation of Federal law in which there is a possibility that classified information will be disclosed; and (2) transmit such guidelines to the appropriate congressional committees. Requires the Department to prepare written findings of the reasons for deciding not to prosecute any such decision, including specified information. Directs the Attorney General to make available all such findings to the congressional intelligence committees.
United States · United States Congress · 28 June 1979
Smaller Enterprise Regulatory Improvement Act - 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 business concerns and small organizations. Defines "small organizations" to include unincorporated businesses, sheltered workshops, nonprofit enterprises which are not dominant in their fields and such other groups and enterprises as each Federal agency shall establish by rule. 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 rule affecting a substantial number of small business concerns 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 and recordkeeping requirements necessitated by such rule. Requires each Federal agency to issue a rule containing an exemption or differing compliance standards 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. Requires each agency to review its existing rules and prepare an analysis for purposes of eliminating those rules which are most burdensome to small businesses and organizations. Permits any agency to perform the analyses required by this Act in conjunction with any other analysis required by law. Declares that such other analysis shall not in itself satisfy the requirements of this Act.
United States · United States Congress · 27 June 1979
Capital Cost Recovery Act of 1979 - 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 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.
![Official portrait of Sen. Fowler, Wyche, Jr. [D-GA]](https://www.congress.gov/img/member/f000329_200.jpg)