United States · United States Congress · 11 June 1980
Build America Anew Act of 1980 - Amends the Internal Revenue Code to allow taxpayers engaged in a manufacturing business a nonrefundable income tax credit for a specified percentage of payroll costs paid by such taxpayers during the initial three year period of an employee's employment. Places dollar limitations on the amount of such credit for each of the three years. Defines "payroll costs" as direct labor costs paid or incurred by the taxpayer for the services of an employee in the United States at a manufacturing facility placed in use after March 1, 1980. Identifies as direct labor costs basic compensation, overtime, vacation and sick pay, and certain fringe benefits.
United States · United States Congress · 11 June 1980
Amends the Internal Revenue Code to increase from $20,000 to $50,000 annually the earned income exclusion for U.S. citizens working abroad who are bona fide residents of a foreign country. Reduces from 17 to 11 months the residency requirement for such exclusion, and also for the deduction for living expenses abroad. Repeals the hardship area deduction for U.S. citizens working abroad. Removes the requirement, for the qualified home leave travel expenses deduction, that such travel begin or end at the tax home or U.S. residence.
United States · United States Congress · 10 June 1980
Extends the congratulations of the Congress to the Order of the Sons of Italy in America for their 75th anniversary. Proclaims Sunday, June 22, 1980, as "National Italian-American Day."
United States · United States Congress · 29 May 1980
National Export Policy Act of 1980 - Title I: General Findings and Purposes - Sets forth congressional findings and the purposes of this Act. Title II: Export Financing - Amends the Export - Import Bank Act of 1945 to direct the Export-Import Bank to adopt export finance programs comparable in structure to those extraordinary measures of official export credits offered by competing countries, until such financing is limited by international agreements. Requires the Bank to report annually to Congress as to whether any additional appropriations or any increases in its commitment authority or ceiling levels are necessary to carry out this Act. States that this Act shall not take effect until six months after enactment, unless the President defers the effective date for an additional six months. Declares it to be the policy of the Congress that the Export-Import Bank of the United States should facilitate, particularly in the presence of foreign officially-supported export credit competition, exports to countries: (1) having insufficient access to international credit facilities; (2) demonstrating reasonable economic progress; and (3) offering adequate formal assurances of repayment (currently, must offer sufficient likelihood of repayment). Increases the aggregate amount of loans and contractual liability of guarantees and insurance which may be outstanding at any one time. Requires such activities to be carried out through the Export Expansion Facility. Provides for the capitalization of such Facility. Establishes staggered, ten-year terms of office for the Bank directors. Declares that the House and Senate Appropriations Committees should consider limitations on Bank activities when considering appropriations for international trade activities rather than when considering foreign assistance activities. Title III: Export - Related Tax Policy - Amends the Internal Revenue Code to increase the earned income exclusion for United States citizens working abroad, who are bona fide residents of a foreign country, from an annual rate of $20,000 to: (1) $50,000; or (2) $65,000, if such persons qualify as bona fide residents for certain specified periods. Allows separate exclusions to married individuals who are both working overseas, although one's excess exclusion cannot be used against income earned by the other. Waives the residency requirements to qualify for such exclusion for those required to leave a foreign country because of civil unrest, war, or similar adverse conditions precluding the normal conduct of business. Reduces from 17 to 11 months the foreign residency requirement with respect to the deduction for certain housing expenses of living abroad. Revises the formula for determining the base housing amount with regard to such deduction to make it 16 percent of the salary of a GS-14, step 1. Repeals similar deductions for cost-of-living differential, schooling expenses, home leave travel expenses, and residence in a hardship area. Provides that the foreign bad debt loss deduction shall not exceed the greater of 15 percent of the taxpayer's taxable income from exports, or two percent of the taxpayer's export receivables outstanding at the close of the taxable year. Provides that the amount of bad debt losses that may be added to a bad debt reserve shall not exceed five percent of the taxpayer's export receivables outstanding as of the close of the taxable year. Permits the amortization, based on a period of 60 months, of: (1) foreign market studies; (2) foreign marketing expenses; and (3) foreign patents. Permits an income tax deduction for currency fluctuation losses on export credit which have not been repaid by the end of the taxable year. Authorizes the Secretary of the Treasury to extend the six-month deadline for exempting exports from the manufacturer's excise tax for an additional 12 months if it is determined, after consultation with the Secretary of State, that exports were delayed because of war, civil unrest, or similar adverse conditions in a foreign nation. Amends the Foreign Trade Zones Act to authorize the Secretary of Commerce to approve the duty-free entry of machinery, materials, and fuels to be used for the production of goods in a foreign trade zone if such goods are not subsequently entered into U.S. customs territory. Sets forth requirements before applications for such treatment will be approved. Makes such approval valid for six years. Requires the Foreign Trade Zones Board to include in its annual report to Congress a summary of activities and proposals to increase the use of foreign trade zones to expand U.S. exports. Makes banking organizations which have invested in an export trading company eligible for treatment as domestic international sales corporations (DISC). Includes the gross receipts from the export of services produced in the United States and from export trade services as qualified export receipts, in the case of a DISC which is an export trading company. Directs the Secretary of Commerce, with the Secretary of the Treasury, to develop and distribute information concerning the utilization of the DISC provisions. Makes export trading companies eligible for Subchapter S treatment if the shareholders of such companies are otherwise small business corporations. Exempts such companies from restrictions on the amount of foreign income they can receive and still be eligible for Subchapter S tax treatment. Title IV: Antitrust - Amends the Webb-Pomerene Act to exempt the export trade, export trade activities, and methods of operation of certified export trade associations and export trading companies from the antitrust laws. Delays the effectiveness of any certificate upon the notification of the Secretary of Commerce by the Attorney General or the Federal Trade Commission (FTC) of disagreement with the decision to issue a certificate. Sets forth the procedure to be followed by any association, company, or export trading company seeking certification under this Act and by the Secretary in issuing such certificates. Provides for appeal of the Secretary's denial of certification. Authorizes the Attorney General or the FTC to bring an action to invalidate a certification. Requires the Secretary, in consultation with the Attorney General and the FTC, to publish guidelines for determining whether an association or export trading company will meet the certification requirements. Requires certified associations and export trading companies to submit annual reports to the Secretary. Directs the Secretary to establish within the Department of Commerce an office to promote export trade associations and trading companies. Provides for automatic certification of existing associations. Requires that all applications for certification be kept confidential with specified exceptions. Authorizes the Secretary to require an association or trading company to modify its operation to be consistent with international obligations of the United States. Directs the President to appoint, with the Senate's advice and consent, a task force seven years after enactment to examine the effect of this Act and to make recommendations. Directs the Attorney General to study whether: (1) U.S. business conduct to expand exports conflicts with basic antitrust principles; and (2) a more liberal enforcement policy for overseas activities would impede implementation of the antitrust laws. Requires the Attorney General to identify such conduct which 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 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 section. Title V: Amendments to Other Laws That Hinder Exports - Amends the Foreign Corrupt Practices Act of 1977 to change the name of such Act to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require issuers of securities to keep their books and maintain a system of internal accounting controls in accordance with generally accepted accounting principles. Makes issuers liable for knowingly falsifying any books or for the intentionally wrongful maintenance or circumvention of the system of internal accounting controls. Requires only good faith efforts by issuers holding 50 percent or less of the equity capital to use their influence to cause transactions and dispositions of assets to be carried out consistent with such provisions. Repeals the provisions specifying prohibited foreign corrupt practices by issuers. Amends the Business Practices and Records Act to include issuers within the provisions specifying prohibited foreign corrupt practices by domestic concerns. Permits items of value to be given to foreigners in specified circumstances, including courtesy items, demonstration expenses, and payments lawful under the laws of the country of the intended recipient. Directs the Attorney General to issue guidelines specifying permissible conduct and arrangements associated with common types of export sales arrangements and business contracts and precautionary procedures creating a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the conduct does not involve a violation. Requires annual reports to Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Securities and Exchange Commission concerning the reporting requirements. Expresses the sense of the Congress that the President should negotiate agreements establishing standards of conduct for international business practices, a resolution procedure, and rates of commissions. Directs the President to report to Congress concerning the progress of such negotiations. Requires Congress to review the Business Practices and Records Act after receiving the President's report. Requires an export competitiveness impact statement from any issuing authority taking significant action which could affect adversely U.S. exports or the international competitive position of the United States and its exporters. Expresses the sense of Congress that export paperwork must be reduced to encourage export sales. Requires all agencies to minimize paperwork and reporting requirements. Title VI: Export Awareness and Export Promotion Programs - Export Trading Company Act of 1980 - Directs the Secretary of Commerce to promote export trading companies and facilitate contracts between producers of exportable goods and export trading companies. Authorizes any banking organization to invest up to specified amounts in export trading companies upon notifying, but without obtaining the prior approval of, the appropriate Federal banking agency, if such investment does not cause an export trading company to become a subsidiary of such organization. Allows greater investment by Edge Act Corporations not engaged in banking. Permits any banking organization to invest beyond such limitations with the prior approval of the appropriate Federal banking agency. Requires prior notification of such agencies in specified circumstances. Sets forth further limitations on export trading companies and investments by banking organizations. Specifies factors to be taken into consideration by the banking agencies. Permits such agencies to impose conditions in approving applications to invest in export trading companies. Requires such agencies to report to the appropriate congressional committees concerning implementation of this Act and any recommendations. Provides for judicial review of denial orders in the appropriate U.S. Court of Appeals. Sets forth the grounds for disapproval. Provides for remand for further consideration by the banking agency. Directs the Economic Development Administration and the Small Business Administration to give special weight to export-related benefits when considering applications for loans and guarantees by export trading companies. Directs the Export-Import Bank of the United States to provide loan guarantees to export trading companies or exporters to be secured by accounts receivable or inventories when adequate financing is not otherwise available and such guarantees will facilitate expansion of exports. Small Business Export Expansion Act of 1980 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to permit participating lending institutions to take actions on behalf of the Administrator with respect to deferred participation loans. Empowers the SBA either directly or in cooperation with lending institutions, to extend credit for export purposes to enable small business concerns to develop foreign markets. Limits the extension of such credit to periods of 18 months or less. Sets a maximum of $750,000 which may be committed to any borrower from the business loan and investment revolving fund. Establishes within the Administration an Office of International Trade to promote sales opportunities for small business goods and services abroad. Requires such Office to: (1) provide small businesses with access to current and complete export information; (2) encourage greater small business participation in trade fairs, shows, missions, and other domestic and overseas export development activities of the Department of Commerce; and (3) assign full-time export development specialists to each Administration regional office. Directs the Administrator, after consultation with specified agencies, to establish an export promotion center in each of two regional offices of the Administration where field offices of the Department of Commerce and the Internal Revenue Service exist. Requires each such center to serve as a one- stop information center on Federal Government export assistance, financing programs available to small business, and other provisions of law governing exporting for small business. Requires: (1) a progress report on the implementation of such centers to the appropriate Congressional committees within six months of enactment of this Act; and (2) an evaluation, within two years after enactment, of the effectiveness of such centers in developing and expanding small business exports. Authorizes the Secretary of Commerce to make grants to qualified applicants to encourage the development and implementation of small business international marketing programs. Sets forth eligibility requirements for applicants. Prohibits the use of any Federal funds to directly underwrite any small business participation in foreign trade missions abroad. Requires each small business international marketing program to: (1) have a full-time staff director to manage program activities; (2) have access to export specialists to counsel and assist small business clients; and (3) establish an advisory board. Directs the Secretary to require, as a condition to any grant, that an additional amount equal to twice the amount of such grant be provided from sources other than the Federal Government. Directs the Secretary to develop a plan to evaluate such programs to: (1) determine the impact of such programs on the small businesses assisted; (2) determine the amount of export sales generated by such businesses; and (3) make recommendations concerning continuation and/or expansion of the program. Requires the establishment of at least one small business international program within each region of the Department of Commerce. Directs the Secretary of Commerce, through the International Trade Administration, to maintain a central clearinghouse for the collection, dissemination, and exchange of information between such programs. Directs the Secretary to enter into cooperative agreements with industrial corporations to develop foreign markets for their products. Requires the Secretary to direct specific market research for the products involved in foreign markets upon entering such agreements. Permits interested industrial corporations to submit a proposal incorporating specific marketing actions to the Secretary. Authorizes the Secretary to enter into a marketing agreement after approving any such proposal. Requires repayment of the Federal share of the costs by the entity entering into such an agreement. International Education Programs Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make grants to, and contracts with, institutions of higher education to pay the Federal share of the cost of programs designed to promote linkages between such institutions and the American business community engaged in international economic activities. Requires higher education institutions to apply for such grants and contracts. Limits the amount of Federal assistance. Provides for an advisory board to consider the grants made, or contracts entered into, and to review programs established under this section. Directs each Federal agency and U.S. representative to any international organization to: (1) identify programs affecting the export of U.S. firms' services; (2) make available information concerning such programs; (3) establish programs to publicize export-related programs for services; and (4) modify those programs with an adverse effect on the export of services. Makes the Secretary of Commerce responsible for coordinating such programs. Directs the Department of Treasury to report to Congress concerning the feasibility of extending DISC treatment to the export of services. Title VII: Agricultural Exports - Amends the Commodity Credit Corporation Charter Act to establish the Agricultural Export Credit Revolving Fund to be available for: (1) the export of, or aid in the development of foreign markets for, agricultural commodities; and (2) loans for the acquisition of facilities in foreign countries to improve the countries' capacities to handle agri-commodities exported from the United States. Directs the Secretary of Agriculture to report to Congress annually concerning the export credit sales program. Abolishes such fund effective October 1, 1983. Amends the Export-Import Bank Act of 1945 to require the ratio of credit extended by the Export-Import Bank for agricultural exports in comparison with the total amount extended be at least equivalent to the value of agricultural exports in comparison with total value of exports. Specifies exceptions to this requirement. Requests the President to take action to establish an International Wheat Exporting Commission which would establish an annual minimum world market price for wheat and prescribe export quotas. Requires the President to keep Congress informed about the establishment of such Commission and to report annually once such Commission is established. Title VIII: International Agreements - Expresses the sense of Congress that: (1) the multilateral trade agreement be strongly implemented; and (2) the efforts must continue to secure a freer world trading environment. Directs the Secretary of Agriculture to implement a special export subsidy program for agricultural commodities to neutralize the effects of foreign export subsidy programs. Specifies the circumstances required before such program may be implemented. Expresses the sense of Congress that the President should enter negotiations for international codes of: (1) official export financing; (2) business conduct; (3) reciprocity of antitrust enforcement; and (4) fair trade in services. Requires the President to report to Congress concerning the progress of such negotiations. Title IX: Government Support of Export Goals - Overseas Private Investment Corporation Act of 1980 - Establishes the Overseas Private Investment Corporation (OPIC) as an independent agency. Sets forth the duties of OPIC. Provides for the capital of OPIC to be paid in through the appropriation process and through transfer from OPIC's earned income. Sets forth the structure of OPIC with a Board of Directors, a President of the Corporation, an Executive Vice President of the Corporation, other officers and staff, and consultants. Authorizes OPIC to issue insurance to eligible investors covering new or existing investments protecting against specified risks. Authorizes OPIC to make arrangements with foreign governments or multilateral organizations for sharing liabilities. Limits the insurance that may be issued to a single investor. Authorizes OPIC to issue guarantees of loans and other investments. Sets forth limitations on such guarantees. Authorizes OPIC to make direct loans to privately owned or mixed publicly and privately owned firms for projects sponsored by or significantly involving United States small businesses or cooperatives. Limits the circumstances under which OPIC may acquire stock in any other corporation. Authorizes OPIC to initiate and support the identification, assessment, and promotion of private investment opportunities, with specified exceptions. Authorizes OPIC to administer special projects to provide private technical, professional, or managerial assistance in the development of human resources, skills, technology, capital savings, and intermediate financial institutions and cooperatives. Authorizes OPIC to engage in other insurance, reinsurance, and risk sharing activities with other insurance companies, financial institutions, persons, or groups. Limits the amount of reinsurance of liabilities which OPIC may issue. Limits the amount of maximum contingent liability pursuant to insurance or guarantees issued under this Act which may be outstanding at any one time. Establishes the: (1) Direct Investment Fund as a revolving fund to be available for direct investments; and (2) Insurance Reserve and Guaranty Reserve to be available for discharging liabilities. Authorizes appropriations to the investment and guaranty fund in specified circumstances. Authorizes OPIC to issue obligations in specified circumstances in order to discharge liabilities. Requires that all revenues and income transferred to or earned by OPIC be available to carry out OPIC's purposes. Directs OPIC to determine that suitable arrangements exist for protecting OPIC's interests in connection with any insurance, guaranty, or reinsurance issued under this Act. Pledges the full faith and credit of the United States for the full payment and performance of previous obligations. Sets forth conditions with respect to insurance, guaranty, and reinsurance coverage under this Act concerning fees, time limits, fraud, and settlement of disputes. Sets forth administrative provisions and duties applicable to OPIC. Requires OPIC to undertake to broaden the participation of United States small business, cooperatives, and other small investors in the development of small private enterprise in less developed friendly countries or areas. Directs OPIC to report annually to Congress concerning its operations. Amends the Foreign Assistance Act of 1961 to define "eligible investor" in terms of this Act with respect to housing guarantees. Repeals provisions: (1) prohibiting the transfer of OPIC funds between accounts; (2) authorizing the President to deny assistance to any less developed country which fails to enter into an agreement to institute the investment guaranty program; and (3) establishing OPIC. Stipulates that nothing in this part shall be construed as terminating any of OPIC's statutory authority. Requires the President to submit to the appropriate congressional committees any necessary technical or conforming amendments. Declares that the potential for U.S. exports shall be a primary decisionmaking factor in considering which projects to include in U.S. foreign aid programs. Requires the Director of the International Development Cooperation Agency (IDCA) to transfer the functions of the Office of Reimbursable Development from the Agency for International Development to an independent functional status within the IDCA. Declares that the Office of Management and Budget should assure that adequate budget allocations are made available to carry out the programs prescribed in this Act. Declares that the Department of Justice should do what it can to facilitate procedures for exporters. Declares that the Small Business Administration should: (1) be aware of the benefits of export to small business development; and (2) use every opportunity to provide information and assistance to potential exporters. Declares that the U.S. ability to export coal, nuclear power fuels, and other energy materials in a reliable manner should be a key consideration. Directs congressional committees to include in their reports the effect of the bill or resolution on the international competitiveness of the United States. Creates a National Export Council to: (1) serve as a national advisory body on matters relating to United States export trade; (2) act as a liaison among the communities represented by its membership; and (3) provide advice on Federal plans and actions that affect export promotion and development policies which have an impact on those communities represented by its membership. Requires the Council to make an annual report to the President and the Congress on its activities. Authorizes the Secretary of Commerce to appoint commercial ministers, counselors, and attaches with the rank and privileges of other ministers, counselors, and attaches in U.S. embassies and consulates, to: (1) provide trade and commercial services; (2) engage in the promotion of U.S. exports; (3) file semiannual reports to the Secretary on market, industrial, and commodity conditions in their districts and on the implementation of multilateral and bilateral trade agreements; and (4) maintain current data on the commercial standing and capacity of foreign firms within their districts. Provides for domestic assignment, office logistics, allowances and benefits of such ministers, counselors, and attaches. Directs the Comptroller General to report to Congress with any recommendations concerning: (1) the organization of international trading and financing programs in the United States; (2) the effectiveness of foreign export promotion programs; and (3) the trade activities of specified Federal agencies. Expresses the sense of Congress that the appropriate congressional committees should review periodically the trade organization of the U.S. Government.
United States · United States Congress · 28 May 1980
Business Accounting and Foreign Trade Simplification Act - Amends the Foreign Corrupt Practices Act of 1977 to change the name of such Act to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require issuers of securities to keep their books and maintain a system of internal accounting controls in accordance with generally accepted accounting principles. Makes issuers liable for knowingly falsifying any books or for the intentionally wrongful maintenance or circumvention of the system of internal accounting controls. Requires only good faith efforts by issuers holding 50 percent or less of the equity capital to use their influence to cause transactions and dispositions of assets to be carried out consistent with such provisions. Repeals the provisions specifying prohibited foreign corrupt practices by issuers. Amends the Business Practices and Records Act to include issuers within the provisions specifying prohibited foreign corrupt practices by domestic concerns. Permits items of value to be given to foreigners in specified circumstances, including courtesy items, demonstration expenses, and payments lawful under the laws of the country of the intended recipient. Directs the Attorney General to issue guidelines specifying permissible conduct and arrangements associated with common types of export sales arrangements and business contracts and precautionary procedures creating a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the conduct does not involve a violation. Requires annual reports to Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Securities and Exchange Commission concerning the reporting requirements. Expresses the sense of the Congress that the President should negotiate agreements establishing standards of conduct for international business practices, a resolution procedure, and rates of commissions. Directs the President to report to Congress concerning the progress of such negotiations. Requires Congress to review the Business Practices and Records Act after receiving the President's report.
United States · United States Congress · 21 May 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 to expand exports in various countries 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 · 20 May 1980
Amends the Internal Revenue Code to allow a deduction for cash and other personal property contributions to a savings account created or organized exclusively for the purpose of paying the educational expenses of the taxpayer or the taxpayer's child. Limits the amount of such deduction to $1,000 per year, adjusted for inflation. Limits the duration of eligibility for such deduction to calendar years prior to the account beneficiary's 21st birthday, or prior to the beneficiary's enrollment as a full-time student at an eligible educational institution of higher learning, whichever occurs earlier. Excludes distributions from such an account from the gross income of the payee so long as such distributions are used to defray the beneficiary's tuition, fees, books and supplies, and reasonable living expenses. Specifies sanctions for the use of account funds for other than such educational purposes. Treats qualified distributions as income to the beneficiary for the taxable year in which the beneficiary attains age 25, and for each of the following nine years, in successive apportionments equal to ten percent of the total amount of such distributions. Allows a deduction for cash and other personal property contributions to a savings account created or organized for the benefit of the taxpayer (or the taxpayer and spouse if married) for the exclusive purpose of purchasing the first dwelling purchased by such individual as a principal residence. Limits the maximum annual deduction to $1,500 ($3,000 in the case of married individuals filing jointly), with a maximum lifetime deduction of $15,000 ($30,000 in the case of married individuals filing jointly). Provides for annual inflation adjustment of such amounts. Excludes distributions from such account from gross income so long as they are used exclusively for the purchase of a first principal dwelling. Provides for recapture of such distribution upon a subsequent sale of such first dwelling if another house is not purchased with the proceeds. Requires reduction of the $100,000 exclusion from gross income of proceeds from the sale of a principal residence by a taxpayer 55 years of age or older if such residence had been purchased with distributions from a tax-exempt housing savings account. Limits the amount of such reduction to the amount of any such distribution excluded from gross income.
United States · United States Congress · 20 May 1980
Authorizes and requests the President to designate the week beginning October 5, 1980, as "National Port Week." Requires the Secretary of Commerce to report to Congress on the conditions of U.S. public ports.
United States · United States Congress · 15 May 1980
Title I: Export Trading Companies - Export Trading Company Act of 1980 - Directs the Secretary of Commerce to promote export trading companies and facilitate contacts between producers of exportable goods and export trading companies. Authorizes any banking organization to invest up to specified amounts in export trading companies upon notifying, but without obtaining the prior approval of, the appropriate Federal banking agency, if such investment does not cause an export trading company to become a subsidiary of such organization. Allows greater investment by Edge Act Corporations not engaged in banking. Permits any banking organization to invest beyond such limitations with the prior approval of the appropriate Federal banking agency. Requires prior notification of such agencies in specified circumstances. Sets forth further limitations on export trading companies and investments by banking organizations. Specifies factors to be taken into consideration by the banking agencies. Permits such agencies to impose conditions in approving applications to invest in export trading companies. Requires such agencies to report to the appropriate congressional committees concerning implementation of this Act and any recommendations. Provides for judicial review of denial orders in the appropriate U.S. Court of Appeals. Sets forth the grounds for disapproval. Provides for remand for further consideration by the banking agency. Directs the Economic Development Administration and the Small Business Administration to give special weight to export-related benefits when considering applications for loans and guarantees by export trading companies. Directs the Export-Import Bank of the United States to provide loan guarantees to export trading companies or exporters to be secured by accounts receivable or inventories when adequate financing is not otherwise available and such guarantees will facilitate expansion of exports. Title II: Export Trade Associations - Export Trade Association Act of 1980 - Amends the Webb-Pomerene Act to exempt the export trade, export trade activities, and methods of operation of certified export trade associations and export trading companies from the antitrust laws. Delays the effectiveness of any certificate upon the notification of the Secretary of Commerce by the Attorney General or the Federal Trade Commission (FTC) of disagreement with the decision to issue a certificate. Sets forth the procedure to be followed by any association, company, or export trading company seeking certification under this Act and by the Secretary in issuing such certificates. Provides for appeal of the Secretary's denial of certification. Authorizes the Attorney General or the FTC to bring an action to invalidate a certification. Requires the Secretary, in consultation with the Attorney General and the FTC, to publish guidelines for determining whether an association or export trading company will meet the certification requirements. Requires certified associations and export trading companies to submit annual reports to the Secretary. Directs the Secretary to establish within the Department of Commerce an office to promote export trade associations and trading companies. Provides for automatic certification of existing associations. Requires that all applications for certification be kept confidential with specified exceptions. Authorizes the Secretary to require an association or trading company to modify its operation to be consistent with international obligations of the United States. Directs the President to appoint, with the Senate's advice and consent, a task force seven years after enactment to examine the effect of this Act and to make recommendations. Title III: Taxation of Export Trading Companies - Amends the Internal Revenue Code of 1954 to make banking organizations which have invested in an export trading company eligible for treatment as domestic international sales corporations (DISC). Includes the gross receipts from the export of services produced in the United States and from export trade services as qualified export receipts, in the case of a DISC which is an export trading company. Directs the Secretary of Commerce, with the Secretary of the Treasury, to develop and distribute information concerning the utilization of the DISC provisions. Amends the Internal Revenue Code of 1954 to make export trading companies eligible for Subchapter S treatment if the shareholders of such companies are otherwise small business corporations. Exempts such companies from restrictions on the amount of foreign income they can receive and still be eligible for Subchapter S tax treatment.
United States · United States Congress · 14 May 1980
Pretrial Services Act of 1980 - Requires the Director of the Administrative Office of the U.S. Courts to establish, under the supervision of the Judicial Conference of the United States, directly or by contract, a pretrial services agency in each judicial district as recommended by the appropriate district court and circuit judicial council. (Current law authorizes such agencies on a demonstration basis in ten representative districts.) Places such agencies under the general authority of a separate entity within the Administrative Office. (Current law places five agencies under the Office's Division of Probation and five under an independent Board of Trustees). Requires, rather than permits, regulations issued by the Director relating to the confidentiality of information contained in agencies' files to provide for certain exceptions. Carries forward current provisions relating to the confidentiality of information contained in agencies' files. Continues generally the existing functions and powers of the pretrial service agencies, but eliminates the discretion of the district courts to determine which shall be performed, and adds three new duties: (1) to develop a system to monitor and evaluate bail activities; (2) to prepare, pursuant to agreements, reports for the U.S. Attorneys' Offices on information pertaining to pretrial diversion; and (3) to make contracts to carry out their functions. Requires the Director to include in the annual report to the Judicial Conference a report on the operation of each agency and to transmit a copy of such report to Congress.
United States · United States Congress · 6 May 1980
Declares that it is the sense of the Congress that the enactment of a withholding tax on interest and dividend payments would be detrimental to the economic well-being of the United States.
United States · United States Congress · 1 May 1980
Extends the condolences of the Senate to the families of the eight American servicemen who lost their lives during the mission to rescue the hostages in Iran. Declares the sense of the Senate that the President order the American flag to be flown at half-mast on all government grounds from May 4 through May 11, 1980, as a mark of respect for such servicemen.
United States · United States Congress · 30 April 1980
International Judicial Protection Act - Prohibits any court in the United States from declining to make a determination on the merits in any case on the ground of the Federal act of state doctrine, if the act of state is contrary to international law. Stipulates that the foreign sovereign compulsion defense remains fully available in U.S. courts.
United States · United States Congress · 30 April 1980
Authorizes and directs the Secretary of the Interior, subject to the supervision of the Franklin Delano Roosevelt Memorial Commission, to construct the Franklin Delano Roosevelt Memorial in accordance with the general design selected by such Commission in West Potomac Park in the District of Columbia. Authorizes appropriations in such amounts as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 29 April 1980
Grants a Federal charter to the United States Submarine Veterans of World War II. Declares that the purpose of such corporation is to establish memorials to those who served aboard United States submarines and gave their lives during World War II.
United States · United States Congress · 22 April 1980
Veterans' Education Assistance Act of 1980 - Establishes a Peacetime Veterans' Educational Assistance Program for persons who enter military service after September 30, 1980, and serve on active duty for a period of two years or more, or are discharged or released from such duty for a service-connected disability. Entitles eligible veterans to 36 months of educational assistance under such program. Makes such veterans eligible to participate in the Predischarge Education Program and eligible for education loans. Provides that such veterans are eligible for educational assistance for the ten-year period following their discharge or release date. Sets forth procedures extending any applicable time period for such veterans who are prevented from initiating or completing a program of education under certain circumstances. Directs the Administrator of Veterans' Affairs to pay tuition costs and a subsistence allowance to eligible veterans in the program. Makes technical and conforming amendments to existing laws relating to veterans educational assistance. Terminates the Post-Vietnam Era Veterans' Educational Assistance program after September 30, 1982.
United States · United States Congress · 22 April 1980
Amends the Internal Revenue Code to allow a tax deduction for the inflation adjustment amount of all the earned interest and all the increase in the personal service income of a taxpayer which does not exceed the percentage change in the Consumer Price Index for the taxable year. Includes among deductible amounts interest on savings accounts, corporate indebtedness, and government bonds.
United States · United States Congress · 22 April 1980
Authorizes a named individual to institute an action, notwithstanding the statute of limitations or laches, to recover attorneys' fees with respect to an appeal of personnel actions.
United States · United States Congress · 15 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 · 1 April 1980
Service Liability Partial Self- Insurance Act of 1980 - Amends the Internal Revenue Code to allow a deduction to any taxpayer furnishing professional design services for cash contributions to his service liability trust and for cash amounts paid to a captive insurer (wholly or partially-owned by the taxpayer) for service liability insurance. Defines service liability as liability for tort damages attributable to negligence in, breach of warranty regarding, or defects in the professional construction or modification design of buildings or structures on real property. Limits the allowable deduction: (1) for a taxpayer with a severe service liability problem to a maximum of $100,000, or one of two specified formula sums, whichever is least; and (2) for a taxpayer with no severe liability problem to a maximum of $25,000, or one of two formula sums, whichever is least. Penalizes unauthorized distributions from such accounts except for: (1) corrective withdrawal of excess contributions; (2) distributions when a change of circumstances renders continued maintenance of no trade or business purpose; (3) transfers of rollover amounts; (4) distributions following complete liquidation of the pertinent trade or business; and (5) certain sales deemed distributions. Limits the investment of account assets to: (1) Federal public debt securities; (2) nondefaulted State or local obligations; (3) time or demand deposits in certain Federally insured financial institutions; or (4) any other investment asset permissable under law of the State where such account is organized. Treats service liability loss reserves as amounts accumulated for the reasonably anticipated needs of a business, for purposes of avoiding the accumulated earnings tax.
United States · United States Congress · 27 March 1980
Ocean Thermal Energy Conversion Act of 1980 - Title I: Regulation of Ocean Thermal Energy Conversion Facilities and Plantships - Prohibits any person from owning, constructing, or operating an ocean thermal energy conversion facility and prohibits United States citizens from owning, constructing, or operating an ocean thermal energy conversion plantship without a license issued pursuant to this Act. Authorizes the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to issue, transfer, amend, or renew licenses for the ownership, construction, and operation of such facilities or plantships upon application and in accordance with this Act. Sets forth criteria for determining whether to issue such licenses, and directs the Administrator to prescribe any conditions deemed necessary to carry out this Act or which are required by any Federal department or agency. Directs the Administrator to establish bonding requirements or other assurances necessary to assure that upon revocation or other termination of a license, the licensee will remove all components of any such facility or plantship from the ocean and the seabed as directed by the Administrator. Sets the term of such licenses at a maximum of 25 years, with a right of renewal for an additional ten years for each renewal. Directs the Administrator to issue regulations, within one year of the date of enactment of this Act, to carry out the purposes and provisions of this Act. Directs the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Secretary of the department in which the Coast Guard is operating, the Chief of Engineers of the United States Army Corps of Engineers, and the heads of other Federal departments and agencies having jurisdiction over or expertise concerning any aspect of the construction or operation of such facilities or plantships to submit to the Administrator written comments as to their expertise or statutory responsibilities with respect to this or any other Federal law. Sets forth application procedures and requirements for licenses authorized for issuance by this Act, including provisions for public notice hearings, and Federal agency review. Requires that applicants for licenses remit a fee at the time of filing such application, to be determined by the Administrator, and to be deposited in the miscellaneous receipts of the Treasury. Establishes priorities for the issuance of licenses where more than one application is submitted for the same designated application area. Establishes criminal penalties for the breaking of or injury to any submarine electric transmission cable or equipment being constructed or operated under a license issued under this Act. Requires a licensee to indemnify the owner of any vessel which sacrifices any anchor, fishing net, or other fishing gear to avoid injuring any such cable or equipment. Requires any licensee who causes any break in or injury to any submarine cable or pipeline to bear the cost of the repairs thereto. Directs the Administrator to submit applications for issuance, transfer, or renewal of any license to the Attorney General for antitrust review. Directs the Administrator to designate as an "adjacent coastal State" any coastal State either directly to be connected by electric transmission cable or pipeline to an ocean thermal energy conversion facility or plantship or located within 15 miles of any such proposed facility or plantship. Authorizes the Administrator to make such designation for any other State, upon request, upon a determination that there is a risk of damage to the coastal environment or if it is likely that the thermal plume of any proposed facility or plantship would impinge on possible locations for other ocean thermal energy conversion facilities or plantships which would be connected to such State. Requires that the Administrator transmit to the Governor of any designated adjacent coastal State a complete copy of each license application. Prohibits the issuance of any license for an ocean thermal energy conversion facility or plantship without consultation with the Governor of such State where such State has an approved coastal zone management program in effect pursuant to the Coastal Zone Management Act of 1972. Directs the Administrator to condition the license granted so as to make it consistent with such State program. Prohibits the Administrator from issuing such licenses for any facility or plantship unless the adjacent coastal State to which such facility or plantship is to be directly connected has an approved coastal zone management plan in effect. Authorizes State to enter into agreements or compacts to apply for such licenses and to establish agencies for implementing such agreements or compacts. Requires the Administrator to issue regulations requiring licensees to pursue diligently such facility or plantship construction and operation and authorizes the termination of any license for failure to comply with such regulations. Directs the Administrator to initiate a program to assess the environmental effects of such facilities or plantships so as to determine whether their cumulative impact requires that a limit be placed on the number or total capacity of such facilities or plantships to be licensed under this Act. States that the issuance of such licenses is deemed to be a major Federal action significantly affecting the quality of the environment for purposes of the environmental impact statement provisions of the National Environmental Policy Act of 1969. Authorizes the preparation of a consolidated environmental impact statement by the Administrator and other involved Federal agencies and departments. Directs the Secretary of the Department in which the Coast Guard is operating to issue regulations and enforce procedures concerning any ocean thermal energy conversion facility or plantship, including rules on vessel movement, transfer of materials between facilities and plantships and transport vessels, designation of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required to prevent pollution of and other adverse impacts on the marine environment and to clean up any pollutants which may be discharged. Directs the Secretary to designate a zone of appropriate size around and including any ocean thermal energy conversion facility or plantship for the purpose of navigational safety, and to establish safety zones during the period of construction of such facilities or plantships. States that for the purposes of the vessel inspection laws, such facilities and plantships shall be deemed to be vessels. Requires that licenses include such conditions as necessary to ensure that construction and operation of such facilities and plantships are conducted with reasonable regard for navigation, fishing, energy production, scientific research, or other uses of the high seas, including the operation of other ocean thermal energy conversion plantships and facilities. Authorizes the inspection and monitoring of licensees' activities, and sets forth procedures thereon. Sets forth provisions for the suspension, revocation, and termination of licenses for failure to comply with provisions of this Act or applicable rules or conditions issued or imposed by the Administrator under the authority of this Act. Includes provisions for the immediate suspension of facility or plantship construction or operation upon a determination by the Administrator that such action is necessary to protect public health and safety or to eliminate dangers to the environment, or upon a determination by the President that such suspension is necessary to avoid a conflict with any international obligation of the United States established by treaty or convention. Sets forth provisions concerning recordkeeping, reports, and public access to information. Authorizes licensees to relinquish to the Administrator any right to conduct construction or operation of such a facility or plantship, but stipulates that such relinquishment shall not relieve the licensee of any obligation or liability established by this Act. Authorizes civil actions by any person having a valid legal interest which is or may be adversely affected by actions of licensees or by the failure of the Administrator to comply with the requirements of this Act. Authorizes judicial review of any decision of the Administrator concerning a license. Title II: Maritime Financing for Ocean Thermal Energy Conversion - States that for the purposes of the Merchant Marine Act: (1) any ocean thermal energy conversion facility or plantship licensed under this Act, and any vessel providing shipping service to or from such facilities or plantships, shall be deemed to be a vessel operated in the foreign or domestic commerce of the United States; and (2) any vessel documented under the laws of the United States and providing such service shall be deemed to be used in, and used in an essential service in, the foreign commerce or foreign trade of the United States. Amends the Federal Ship Mortgage Insurance provisions of the Merchant Marine Act of 1936, to include such facilities and plantships in the definition of "vessel" and to add a definition of "ocean thermal energy conversion facility or plantship." Amends such provisions to authorize the Secretary of Commerce to guarantee, or make a commitment to guarantee, payment of the principal of and interest on an obligation which aids in financing a vessel designed for use as an ocean thermal energy conversion facility or plantship. Increases the aggregate principal amount which may be guaranteed with respect to such facilities or plantships constructed without the aid of a construction-differential subsidy. Increases the aggregate unpaid principal amount of obligations guaranteed under such Act to $12,000,000,000, and requires that $2,000,000,000 of such amount be limited to obligations pertaining to demonstration ocean thermal energy conversion facilities or plantships guaranteed under such Act. Establishes the OTEC Demonstration Fund as a special sub-account of the Federal Ship Financing Fund, to be used for obligation guarantees authorized by such Act which do not otherwise qualify under other sections thereof. Limits to five the number of ocean thermal energy conversion facilities or plantships which may obtain obligation guarantees. Title III: Enforcement - Provides for the enforcement of provisions of this Act and rules or orders issued thereunder and lists prohibited acts. Authorizes the Administrator to issue compliance orders to any person for violation of specified provisions of this Act and to request the Attorney General to commence civil action for relief or civil penalties for any violation for which the Administrator is authorized to issue such compliance orders. Establishes civil and criminal penalties for such violations as specified. Title IV: Miscellaneous Provisions - Directs the Administrator, after consultation with the Secretary of State, to issue amendments to any regulations issued under this Act to conform such regulations to any treaty ratified by the United States as a result of any United Nations Conference on the Law of the Sea. Exempts from the provisions of this Act any ocean thermal energy conversion facility or plantship designated by the Secretary of Energy as a demonstration project. Sets forth provisions concerning the relationship of other laws to the facilities and plantships authorized for construction and operation under this Act, including a provision that the law of the nearest adjacent coastal State to which such a licensed facility is connected by electric transmission cable or pipeline is declared to be the law of the United States. Directs the Administrator to establish standards and regulations for the safe construction and operation of submarine electric transmission cables and equipment over which the United States has jurisdiction. Directs the Administrator to submit to Congress an annual report on the administration of this Act.
United States · United States Congress · 19 March 1980
Violent Juvenile Crime Control Act of 1980 - Title I: Amendments to Title I of the Juvenile Justice and Delinquency Prevention Act of 1974 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to include the finding that the justice system should give additional attention to violent crimes committed by juveniles, particularly to the areas of identification, apprehension, speedy adjudication, sentencing, and rehabilitation. Repeals declarations of purpose relating to the establishment of training programs and centralized research and information services dealing with juvenile delinquency. Makes technical and conforming amendments. Title II: Amendments to Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to specify that the Office of Juvenile Justice and Delinquency Prevention shall be: (1) under the general authority of the Administrator of the Law Enforcement Assistance Administration; (2) under the direction of an Administrator with final authority over specified administrative functions. Establishes in the Office a Legal Advisor to supervise and direct the Legal Advisor Unit, with responsibility for legal policy functions. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to provide the Senate Committee on the Judiciary and the House of Representatives Committee on Education and Labor with an evaluation of the Rahway Juvenile Awareness Project, the so-called "Scared-Straight" program or other similar programs. Make conforming and technical amendments. Authorizes appropriations through fiscal year 1985 for the Office, for specified institutes, councils, and committees, and for Federal assistance to State and local programs under such title. Requires that such appropriated funds not obligated by the end of each fiscal year revert to programs funded under the Runaway and Homeless Youth Act. Requires that specified maintenance-of-effort funds (19.15 percent of the total appropriation of title I of the Justice System Improvement Act of 1979) be targeted for programs aimed to curb specified violent crimes committed by juveniles, particularly to the areas of identification, apprehension, speedy adjudication, sentencing and rehabilitation. Directs the Administrator of the Office to implement such programs. Provides for specified administrative expenses of the Office. Title III: Amendments to the Runaway Youth Act - Amends title III of the Juvenile Justice and Delinquency Prevention Act of 1974 to reflect the homeless (as well as runaway) youth program authority already established. Authorizes the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to make grants for a national telephone communications system to link runaway and homeless youths with their parents and with service providers. Authorizes appropriations through fiscal year 1985 to carry out the runaway and homeless youth grants program. Makes technical and conforming amendments. Title IV: Miscellaneous Conforming Amendments - Deletes "Associate" from the title of the Administrator of the Office of Juvenile Justice and Delinquency Prevention in the Juvenile Justice and Delinquency Prevention Act of 1974, as well as in references in the Federal criminal code and in specified lists of Federal officials. Amends the Justice System Improvement Act of 1979 to conform to title II of this Act by requiring that specified maintenance-of-effort funds under such Act be targeted for programs to curb violent crimes committed by juveniles.
United States · United States Congress · 18 March 1980
Rescinds $229,000,000 in appropriations provided for the purchase of furniture by Federal agencies and departments in fiscal year 1980. Requires the Director of the Office of Management and Budget to allocate such rescission among the agencies and departments and to report to the Committees on Appropriations of the House of Representatives and the Senate concerning the allocation. Rescinds $15,000,000 in appropriations made to the Federal Buildings Fund for the rental of space in fiscal year 1980.
United States · United States Congress · 5 March 1980
State Justice Institute Act of 1980 - Establishes in the District of Columbia the State Justice Institute as a private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) make recommendations concerning the proper allocation of responsibility between the State and Federal court systems; (4) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (5) encourage education for State court judges and support personnel. Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems.
United States · United States Congress · 4 March 1980
Fiscal Responsibility Act of 1980 - Title I: To Discourage Taxflation by Requiring an Affirmative Vote of Congress before Tax Receipts Increase as a Percentage of Gross National Product - Amends the Congressional Budget Act of 1974 to require a separate vote of approval in both the House of Representatives and the Senate if any concurrent resolution on the budget sets forth a level of tax receipts, which, expressed as a percentage of the gross national product, exceeds the previous fiscal year's tax level. Title II: To Require Approval by Three-Fifths of the Members of the House of Representatives and the Senate of any Budget which Provides for a Deficit - Amends the Congressional Budget Act of 1974 to require the completion of action on the total budgetary figures contained in a concurrent resolution on the budget before any amendment to the amounts listed under the functional categories may be considered. Requires a three-fifths vote in both the House and Senate to adopt any budget resolution which recommends a deficit. Title III: To Require the President to Submit a Balanced Budget in which neither Expenditures nor Revenues Exceed 21 Percent of the Gross National Product - Amends the Budget and Accounting Act, 1921, to limit the estimates of Federal expenditures and receipts contained in the President's budget to 21 percent of the gross national product. Requires the President's budget to be balanced. Authorizes the President to submit an alternate budget to the Congress which is not balanced provided it remains within such spending and revenue limitations.
United States · United States Congress · 4 March 1980
Expresses the sense of the Senate that the first concurrent resolution on the budget for fiscal year 1981 reported by the Committee on the Budget shall limit budget outlays to 21 per cent of the gross national product.
United States · United States Congress · 26 February 1980
Congratulates the members of the 1980 U.S. Winter Olympic team, its coaches and officials for a job well done. Recognizes the International Olympic Committee, the U.S. Olympic Committee, the Lake Placid Olympic Organizing Committee and the people of the Lake Placid area for their successful efforts in organizing and producing the XIII Winter Olympic Games.
United States · United States Congress · 8 February 1980
National Intelligence Act of 1980 - Title I: Authorization for Intelligence Activities - Defines, for purposes of this Act, the terms: (1) "intelligence" as any information relating to or resulting from any foreign intelligence, counterintelligence, counterterrorism intelligence, or special activity; (2) "intelligence community" to include the Office of the Director of National Intelligence (ODNI), the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA), the National Security Agency (NSA), specified offices of the Department of Defense, the intelligence components of the military services and the Federal Bureau of Investigation (FBI), the Bureau of Intelligence and Research of the Department of State, the foreign intelligence components of the Department of the Treasury and the Department of Energy, and any successor to any such entity; (3) "national intelligence" as foreign intelligence which is used in the formulation of national policy; (4) "special activity" as an activity conducted abroad which is designed to further U.S. programs and executed so that the role of the U.S. is not acknowledged publicly; (5) "United States person" to include any association organized in the United States or any unincorporated association the members of which are U.S. citizens or resident aliens, which is not openly acknowledged to be controlled by a foreign government. Authorizes the entities of the intelligence community to conduct intelligence activities, under the direction and review of the National Security Council, in accordance with the provisions of this Act. Directs the National Security Council (NSC) to provide the highest level review of, and direction to, the conduct of intelligence activities. Lists the responsibilities of NSC which include assisting the President in developing communications security policies. Authorizes the President to establish committees of NSC as may be necessary to carry out its responsibilities. Permits special activities to be conducted by: (1) the Central Intelligence Agency; (2) the Department of Defense in a period of war or to the extent necessary for hostilities under the War Powers Resolution; or (3) by another agency as determined by the President. Allows the President and the NSC to designate other agencies to provide support for any special activity. Requires any special activity to be authorized by the President only after: (1) the President finds that (a) such activity is important to the national security, (b) overt or less sensitive alternatives would not achieve the intended objective, and (c) the anticipated benefits of such activity justify its risks and consequences; and (2) the NSC or an NSC committee conducts a review and recommends a decision concerning such activity to the President. Directs the NSC to supervise special activities. Requires the President to establish procedures for approving other sensitive intelligence activities. Prohibits any person acting on behalf of the U.S. to engage or conspire to engage in assassination. Directs the President to establish guidelines for intelligence activities which protect the integrity and independence of private U.S. institutions. Prohibits any intelligence community entity from establishing as a cover for any of its agents, an affiliation with a U.S. religious, media, or educational institution, the Peace Corps, or any Government program designed to promote education, the arts, humanities, or cultural affairs through international exchanges. Prohibits any intelligence community entity from supporting any communication for the purpose of influencing public opinion within the United States unless Government involvement is acknowledged. Permits an entity to conceal its sponsorship of a contract for the provision of goods or services for an organization under specified circumstances. Prohibits an intelligence entity from encouraging any person to commit an act which the entity is prohibited from committing. Directs the President to appoint an Intelligence Oversight Board (IOB) (previously established pursuant to Executive Order 11905) which shall function to provide the President independent oversight of the intelligence community. Requires each intelligence entity to designate: (1) a general counsel who shall review entity activities and rules to ensure compliance with Federal laws and Presidential and entity directives; and (2) an inspector general who shall determine how entity functions may be performed more effectively, and advise the entity head respecting matters of legality. Directs the Attorney General: (1) to report to the IOB and the President any intelligence activities involving serious questions of law; and (2) to keep the IOB and entity general counsels informed of Department of Justice opinions affecting the intelligence community. Requires the head of each intelligence entity to report to the Attorney General any evidence of possible violations of Federal criminal laws by an entity employee or any other person. Empowers each entity head to take disciplinary action against any employee who violates a provision of this Act or a regulation established pursuant to this Act. Directs each entity head: (1) to keep the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence (Committees) fully informed of all intelligence activities, including anticipated special activities, of such entity; and (2) to furnish the Committees information concerning such activities and copies of all record schedules submitted to the Archivist of the United States. Requires each Committee to report, at least annually, to its respective House on U.S. intelligence activities. Sets forth House and Senate rules governing the disclosure to the public and to Members and employees of Congress of any classified intelligence information. Requires a previous authorization before funds may be appropriated for national intelligence, counterintelligence or counterterrorism intelligence activities. Declares that all intelligence activities shall be subject to audit and review by the Comptroller General at the request of either Committee. Permits the Director of National Intelligence to exempt certain activities from audit or review. Title II: Standards for Intelligence Activities - Defines the term: (1) "covert technique" as a collection activity that is designated by the President for the purpose of protecting privacy and constitutional rights from significant intrusion; and (2) "extraordinary technique" as any technique, including electronic surveillance or a physical search, directed at a U.S. person outside the United States for which a warrant would be required if undertaken in the United States. Sets forth guidelines and restrictions with regard to the collection, retention, and dissemination of intelligence concerning U.S. persons by an intelligence entity. Permits an entity: (1) to utilize any technique of conducting an intelligence activity against any person with that person's consent; (2) to collect publicly available information; and (3) to retain and disseminate any information about a person which does not identify that person. Permits an intelligence entity to conduct intelligence activities directed against U.S. persons only in accordance with procedures established by the entity head and approved by the Attorney General. Requires that such procedures: (1) protect constitutional rights and privacy; (2) designate officials to initiate, approve, review, and make records of such activities; (3) include minimization procedures; and (4) define the scope, intensity, and duration of the different types of activities. Directs the entity head to submit the procedures to the Committees before their effective date. Prohibits the collection of foreign intelligence by covert techniques directed against U.S. persons except: (1) in the course of collecting connterintelligence or counterterrorism intelligence; or (2) when the President finds, after a review and recommendation by the NSC, that because of extraordinary circumstances, the information is essential to national security and cannot be acquired by any other means. Requires that the Attorney General be advised concerning any such collection. Authorizes such collections only by: (1) the FBI; (2) the National Security Agency when directed at foreign electromagnetic communications; and (3) the CIA, with the approval of the Attorney General, when the target is a senior foreign official or an entity controlled by a foreign power. Allows counterintelligence or counterterrorism intelligence activities to be directed against a U.S. person without the person's consent only if there is reasonable evidence that the person is engaged in clandestine intelligence activities for a foreign power or terrorist activity. Specifies the means by which such intelligence may be collected, under certain conditions, including the use of mail covers, physical surveillance, and directed collection. Prohibits the use of covert techniques or mail covers in the collection of information about a U.S. person: (1) whom a designated official finds is the target of foreign intelligence activity; (2) who is being considered as a potential source of intelligence or operational assistance; and (3) in regard to providing personnel, document, communication, or physical security for intelligence activities. Sets forth conditions for collecting such information. Requires the head of each intelligence entity to review, annually, any intelligence activity directed against a U.S. person which lasts over one year and to report on such review to the Attorney General. Prohibits the use of extraordinary techniques to collect information concerning a U.S. person outside the United States except pursuant to a court order. Specifies the requirements which must be satisfied before a court may issue an order to use such techniques to collect foreign intelligence, counterintelligence, or counterterrorism intelligence. Precludes an order from authorizing the use of an extraordinary technique for a period exceeding 90 days. Directs the court established pursuant to the Foreign Intelligence Search and Surveillance Act to observe the procedural and administrative provisions of such Act when reviewing applications for court orders under this Title. Permits military judges appointed by the Secretary of Defense to issue orders for extraordinary techniques directed against military personnel abroad in accordance with provisions of this title. Prohibits a court, when determining whether to issue a court order, from requiring the disclosure of any cooperative or liaison relationship between a Government agency and a foreign government, if the Director of National Intelligence determines such disclosure would jeopardize that relationship. Permits an intelligence entity to conduct covert or extraordinary techniques without approval or a court order for 72 hours if the entity head determines that an emergency situation exists and that the factual basis for approval or a court order exists. Specifies the criminal penalties and civil liability to be applied to any Government employee who intentionally engages in foreign electronic surveillance or foreign physical search or discloses information obtained by such methods except as authorized by statute. Title III: The Intelligence Community - Creates the Office of the Director of National Intelligence (ODNI) as an independent executive establishment. Declares that the Director and Deputy Director of National Intelligence shall be appointed by the President, by and with the advice and consent of the Senate, to serve at the pleasure of the President for not more than ten years. Sets forth the duties and authorities of the Director who shall serve as the principal foreign intelligence officer of the United States. Requires the Director: (1) to be responsible for coordinating all national intelligence, counterintelligence, and counterterrorism intelligence activities; (2) to evaluate the quality of national intelligence and the management of intelligence activities; (3) to direct national intelligence collection; (4) to be responsible for the production and dissemination of national intelligence; (5) to ensure the appropriate implementation of special activities and sensitive foreign intelligence, counter intelligence, and counterterrorism activities; (6) to develop policies with respect to intelligence arrangements with foreign governments; and (7) to be responsible for the management of information relating to intelligence sources and methods. Authorizes the Director to conduct program and performance audits of national intelligence activities, and to review all Government intelligence activities and supporting research and development activities. Authorizes the President to appoint: (1) five Assistant Directors of National Intelligence, no more than two of whom may be military officers; and (2) a General Counsel to discharge the responsibilities of the general counsel of the ODNI and the CIA under this Act. Authorizes the Director, the Attorney General, and the head of each intelligence entity to establish such committees and boards as may be necessary to carry out provisions of this Act and to waive the provisions of the Federal Advisory Committee Act. Requires the Director to make available to the public an annual, unclassified report on the national intelligence, counterintelligence, and counterterrorism intelligence activities conducted by intelligence entities. Grants the Director exclusive authority for approval of the national intelligence budget submitted to the President. Authorizes the expenditure of ODNI funds to be accounted for solely on the certificate of the Director. Title IV: Central Intelligence Agency - Reestablishes the CIA as an independent establishment in the executive branch. Declares that the Director of National Intelligence shall serve as Director of the CIA (Agency Director). Authorizes the President to appoint the Deputy Director of National Intelligence or an Assistant Director of National Intelligence as the Agency Director or to transfer any of the duties of the Agency Director to the Deputy or Assistant Director with the advice and consent of the Senate. Requires the Agency Director to appoint an Inspector General to carry out the duties of inspector general under this Act for the ODNI and the CIA. Sets forth the functions of the Agency which include: (1) conducting foreign intelligence, counterintelligence, and counterterrorism intelligence by clandestine means; (2) conducting special activities; (3)producing intelligence to meet the needs of the President, the NSC, and the ODNI; (4) acting as the agent of the Director of National Intelligence in coordinating intelligence activities abroad; (5) acting as a liaison with foreign government agencies; and (6) performing administrative functions for the ODNI. Permits the Agency: (1) to collect foreign intelligence by clandestine means in the United States in coordination with the FBI; and (2) to conduct counterintelligence or counterterrorism intelligence activities by clandestine means in the United States only with the approval of the Director of the FBI. Specifies security, personnel, and ancillary functions of the Agency to procure property and services, enter into contracts, and dispose of property when necessary to perform its authorized functions, without regard to the provisions of other laws. Permits the Agency to establish and operate proprietaries in support of its functions. Requires the Agency to deposit excess funds generated by the proprietary into miscellaneous receipts of the Treasury. Establishes the Contingency Reserve Fund for the payment of any expenses of an authorized intelligence activity which were not anticipated at the time the Agency's budget was submitted. Permits the Agency Director to withdraw money from the Fund if: (1) the Officer of Management and Budget approves the withdrawal; and (2) the Director notifies specified congressional committees of the withdrawal within a specified period. Authorizes the Agency Director to pay employees the same benefits, travel allowances, and death gratuities as Foreign Service officers receive under current statutes. Establishes a criminal penalty to be assessed against any person who uses the name, initials, or seal of the CIA without authorization to convey the impression that a publication or production is endorsed or authorized by the Agency. Title V: Federal Bureau of Investigation - Declares that all intelligence functions of the FBI shall be performed under the supervision of the Attorney General. Requires the Attorney General to be guided by NSC policies and responsive to foreign intelligence collection requirements promulgated by the Director of National Intelligence. Directs the Attorney General and the FBI Director to review FBI intelligence activities annually and to designate officials to act as a general counsel and an inspector general for the FBI. Specifies the duties of the FBI Director which include: (1) serving as the principal Government officer for conducting counterintelligence and counterterrorism intelligence activities within the U.S.; (2) ensuring that FBI intelligence activities are in accordance with this Act, Federal laws, and the Constitution; and (3) advising and assisting the Attorney General and the NSC on counterintelligence and counterterrorism intelligence matters. Directs the FBI to: (1) collect and disseminate counterintelligence and counterterrorism intelligence; (2) conduct other intelligence activities as are necessary for lawful purposes; and (3) conduct liaison for counterintelligence or counterterrorism intelligence purposes with foreign governments. Requires any FBI intelligence activities outside the United States to be coordinated with and approved by the CIA. Requires the approval of the Attorney General with respect to such activities which are not directly related to the FBI's domestic activities. Permits another intelligence entity to conduct clandestine counterintelligence or counterterrorism intelligence activities within the U.S. only with written FBI approval and notice to the Attorney General. Authorizes the FBI: (1) to collect foreign intelligence within the U.S. in the course of authorized collection of counterintelligence and counterterrorism intelligence; (2) to produce foreign intelligence in coordination with the Director of National Intelligence; and (3) to conduct activities in support of foreign intelligence collection programs of another intelligence entity with the FBI Director's approval and notice to the Attorney General. Requires the FBI to coordinate all collection of foreign intelligence by clandestine means within the United States by any intelligence entity. Allows only the FBI to collect foreign information, within the U.S., by clandestine means directed against an unconsenting U.S. person. Specifies conditions under which the FBI may collect counterintelligence or counterterrorism intelligence on the written request of a foreign government. Authorizes the FBI: (1) to establish secure cover for employees and sources; (2) to establish and operate proprietaries; and (3) to procure goods or services in such a manner that the role of the FBI is not publicly acknowledged. Title VI: National Security Agency - Defines the term "United States signals intelligence system" to include the National Security Agency, elements of the military departments and the CIA which perform signals intelligence activities, and other agencies authorized by the NSC to perform such activities. Reestablishes the National Security Agency within the Department of Defense to conduct signals intelligence activities and communications security activities for the United States and to serve as the principal agency of the United States signals intelligence system. Directs the Secretary of Defense, in supervising the Agency, to comply with intelligence policies established by the NSC and with requirements established by the Director of National Intelligence. States that the Director and Deputy Director of the Agency shall be appointed by the President, by and with the advice and consent of the Senate, to serve at the pleasure of the President for a period not to exceed 12 years. Specifies the duties of the Director which include: (1) serving as the principal signals intelligence and communications security officer of the Government; (2) consolidating the signals intelligence and communications security functions of the Government; (3) preparing a consolidated United States signals intelligence program and budget and a consolidated Department of Defense communications security program and budget for each fiscal year; (4) conducting liaison on cryptologic matters with foreign governments; (5) instituting sufficient measures to ensure the confidentiality of U.S. communications; and (6) providing signals intelligence support for military operations in accordance with priorities assigned by the Secretary of Defense. Provides for the appointment of a General Counsel and an Inspector General of the Agency. Authorizes the Agency to: (1) rent, lease, construct, or alter buildings to carry out its functions under this title; (2) maintain secure cover for Agency employees and entities; and (3) direct the transfer of cryptologic equipment among intelligence entities and between intelligence entities and other agencies. Permits the Agency to procure goods or services in the name of the Department of Defense and to conceal the participation of the Department when necessary for security. Authorizes the Secretary of Defense to make funds available to the Agency for confidential or emergency expenses only from funds appropriated for that specific purpose. Allows the Agency, under such regulations as the Agency approves, to provide Agency employees the same allowances, benefits, and death gratuities provided to Foreign Service employees. Authorizes the Director to establish or assist in establishing commissary and mess services at posts outside the United States where such services or facilities are not provided by another agency. Amends civil service retirement provisions to entitle certain Agency employees involved in hazardous duty to a special annuity. Requires the Director to make special provision for the delegation of operational control of signals intelligence activities required to provide support to military commanders and agency heads. Prohibits any organization outside the United States signals intelligence system from performing signals intelligence activities without NSC authorization. Transfers all personnel, obligations, and contracts of the National Security Agency on the day before the enactment of this Title to the Director of the Agency. Title VII: Protection of Identities of Certain Undercover Intelligence Officers, Agents, Informants, and Sources - Sets forth a criminal penalty to be imposed on any person: (1) who has or has had access to classified information which identifies an employee, agent, or information source of the CIA or any intelligence component of the Department of Defense; (2) who knows that the United States is trying to conceal such information; and (3) who intentionally discloses such information to any individual not authorized to receive classified information. States that only the person committing the offense shall be subject to prosecution under this Title. Title VIII: Physical Searches Within the United States - Amends the Foreign Intelligence Surveillance Act of 1978 to extend the procedures for the authorization of electronic surveillance for foreign intelligence purposes to the authorization of a physical search. Defines the term "physical search" as any search of property or opening of mail in the United States for which a warrant would be required for law enforcement purposes. Permits the President, acting through the Attorney General, to authorize a physical search directed solely at property under foreign control provided that no property or mail of a United States person shall be seized. Permits the Attorney General to authorize physical entry of such property for electronic surveillance purposes. Prohibits any court order issued under such Act from authorizing more than one unconsented entry of real property except for electronic surveillance purposes. Requires any court order approving more than one search of property or the opening of more than one item of mail to identify the authorized scope of the searches or opening of mail. Title IX: Miscellaneous Amendments and Effective Date - Makes conforming and technical amendments. Repeals the Hughes-Ryan Amendment which prohibited the CIA from expending funds for certain operations in foreign countries until the President submitted a report on such operations to the appropriate committees of Congress. Specifies the effective date of this Act.
United States · United States Congress · 3 January 1980
Nuclear Waste Policy Act - Title I: Findings and Purpose - Declares it to be the purpose of this Act to: (1) assume Federal responsibility for acquisition and storage of spent fuel and the disposal of radioactive waste from civilian nuclear activities; (2) establish a Federal policy for the disposal of high-level radioactive waste; (3) authorize the Secretary of Energy to acquire or design and construct facilities for nuclear waste interim storage and disposal, and finance the construction, operation and maintenance of such facilities; and (4) examine alternative technologies for nuclear waste disposal. Title II: Definitions - Defines the terms used in this Act. Title III: Interim Storage of Spent Fuel from Civilian Nuclear Powerplants - Declares it to be the policy of the Federal Government to provide, as soon as possible, an assured and predictable capacity for the interim storage of spent fuel from civilian nuclear powerplants. Requires that such policy provide for: (1) maximizing the storage of such spent fuel at each civilian nuclear powerplant site; and (2) the establishment of a federally owned and operated system for the interim storage of spent fuel at one or more away-from-reactor facilities. Directs the Secretary, the Nuclear Regulatory Commission, and other appropriate Federal officials to take such actions as they consider necessary to expedite the use of available storage at each civilian nuclear powerplant site consistent with specified considerations. Directs the Secretary to enter into contracts which provide that the Federal Government will: (1) take title to spent fuel from nuclear powerplants within the United States; (2) transport and store such spent fuel in Federal facilities; and (3) dispose of waste products associated with such spent fuel. Provides for a one-time payment by such electric utility in an amount adequate to cover the proportionate costs of such transportation, storage, and disposal. Authorizes the Secretary to construct or acquire at least one away-from-reactor facility for the interim storage of such spent fuel. Directs the Secretary to: (1) to contract with private industry to provide for the transportation of spent fuel; and (2) use direct Federal services for such transportation only upon a determination of the Secretary of Transportation that private industry is unable or unwilling to provide such services. Directs the Secretary to take possession of and transport to a designated storage facility any spent fuel covered by specified contracts under this Act when an interim away-from-reactor storage facility is available, within 30 days of written notice by the owner that such spent fuel is available. Requires that specified funds be available for fiscal year 1980 to construct or acquire such interim away-from-reactor storage facilities. Title IV: Disposal of High-level Radioactive Waste Resulting from Civilian Nuclear Activities - Directs the Secretary to transmit to Congress within one year from the date of enactment a proposal for a system of at least one facility for the disposal of high-level radioactive waste resulting from civilian nuclear activities. Sets forth the scope and formulation of such proposal. Disallows the consideration by the Nuclear Regulatory Commission of any alternative to the statutorily approved site selection or the design criteria. Directs the Secretary to continue and accelerate programs of: (1) research, development, and demonstration of the geologic disposal in mined repositories of high-level radioactive waste from civilian nuclear powerplants, with the objective of completion of construction and initial operation of at least one demonstration repository by January 1, 1988; and (2) research, development, and investigation of alternative technologies for the disposal of high-level radioactive waste from civilian and national defense activities. Directs the Secretary to report findings and recommendations resulting from such programs to Congress in a specified manner. Title V: Financial Arrangements - Establishes in the Treasury of the United States a separate account to provide for the operation of the interim storage and disposal program. Permits the Secretary to borrow from the Treasury such amounts as may subsequently be provided in Appropriation Acts, but not to exceed $300,000,000. Provides for the terms and repayment of such borrowings. Title VI: Low Level Waste - Directs the President to prepare and submit to Congress, within 120 days after the date of enactment of this Act, a report which: (1) defines the disposal capacity needed; (2) defines and evaluates the status of all commercial low-level nuclear waste disposal sites, including those at specified locations, with recommendations for remedial actions and regulatory reforms which the Secretary considers appropriate; (3) evaluates the transportation requirements; (4) evaluates the ability of the Department of Energy to provide interim storage; (5) estimates costs of such storage; and (6) recommends additional research and development work concerning low-level waste facilities, as needed. Directs the Secretary, in relation to such report and recommendations, to consult with the Governors of the several States, the Nuclear Regulatory Commission, the Environmental Protection Agency, the U.S. Geological Survey, the Department of Transportation, and other appropriate agencies and departments.
United States · United States Congress · 20 December 1979
Emergency Home Purchase Assistance Authority Amendments of 1979 - Amends the National Housing Act to remove the specific dollar limitations on the original principal obligation of a mortgage which may be purchased by the Government National Mortgage Association (GNMA) under the Emergency Home Purchase Assistance Act. Limits such purchasing authority to mortgages in an amount which would make a residence or project eligible for mortgage insurance under the applicable Federal insurance program. Permits such amounts to be raised by up to ten percent in high cost areas determined by the Secretary of Housing and Urban Development. Limits the sales price of a principal residence covered by a mortgage which may be purchased under the emergency authority of the GNMA to 105 percent of such maximum mortgage amount which may be raised an additional ten percent in high-cost areas. Eliminates the 7 1/2 percent interest rate limitation on mortgage loans eligible for purchase. Permits the Secretary to establish the maximum interest rate at a level consistent with market conditions provided it does not exceed the maximum rate on mortgages eligible for Federal insurance.