United States · United States Congress · 29 February 1984
Expresses the sense of the Congress that the President should instruct the U.S. delegation to the United Nations to request the Secretary General to seek the cooperation of Vietnam with the United States and specified other countries in ascertaining the whereabouts of the crewmen of the sunken U.S. vessel GLOMAR Java Sea.
United States · United States Congress · 23 February 1984
Makes supplemental appropriations for FY 1984 to carry out title II (famine relief provisions) of the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480).
United States · United States Congress · 23 February 1984
Directs the President to: (1) secure from the Indochina nations a full accounting of Americans captured or missing as a result of the Vietnam conflict; and (2) work for the release of captive Americans and the return of the remains of those American servicemen and civilians who died in Southeast Asia. Requires the President to submit two reports to Congress on American POW/MIAs in Southeast Asia.
United States · United States Congress · 22 February 1984
Increases to $5,000 the amount of automobile and adaptive equipment assistance the Administrator of Veterans Affairs may provide to an eligible person.
United States · United States Congress · 22 February 1984
Social Security Disability Benefits Continuation Act of 1984 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to extend provisions providing for the continued payment of disability benefits during administrative appeal of a determination that a disability benefit receipient is no longer entitled to such benefits. (Under current law, such provisions apply with respect to disability determinations made prior to October 31, 1983.) Amends title XVI (Supplemental Security Income) of the Social Security Act to permit recipients of benefits based on disability or blindness who are determined to be no longer eligible for such benefits to elect to have the payment of such benefits continued during administrative appeal of such determinations. Provides that such benefit payments shall be considered overpayments if the Secretary of Health and Human Services affirms such a determination upon appeal.
United States · United States Congress · 22 February 1984
Amends the Bankruptcy Code to permit a trustee to reject or assume a collective bargaining agreement made under the authority of title II of the Railway Labor Act or the National Labor Relations Act only if and after the court approves such rejection or assumption. Requires notice to all parties and a hearing before the court may approve such a rejection. Prohibits the court from approving the rejection of a collective bargaining agreement if, absent the rejection: (1) the jobs covered by such agreement will be lost; and (2) any financial reorganization of the debtor will fail. Declares that a rejection of a collective bargaining agreement constitutes a breach at the time of such rejection. Declares that no provision of this Act shall be construed to permit the trustee unilaterally to terminate or alter any of the terms and conditions of such a collective bargaining agreement.
United States · United States Congress · 22 February 1984
Includes lupus erythematosus among the chronic diseases considered to be service-connected for purposes of veterans' benefits if it manifests itself to a degree of ten percent or more within one year of separation from service.
United States · United States Congress · 21 February 1984
Amends the Trade Act of 1974 to authorize payments as trade readjustment allowances for up to 26 additional weeks in the 26 week period that begins with the first week of trade readjustment training if the training is approved after the last week of entitlement to trade readjustment allowances that are otherwise payable.
United States · United States Congress · 21 February 1984
Expresses the sense of the Congress that the President should: (1) continue to express U.S. opposition to the exile of Igor Ogurtsov; and (2) urge the Soviet Union to provide Igor Ogurtsov with medical care, grant his release from exile, and accept his application for an exit visa and allow him to emigrate without forcing him to renounce his views (in accordance with a specified international treaty).
United States · United States Congress · 9 February 1984
Nuclear Waste Transportation Safety Act of 1984 - Prohibits the transportation of any high-level radioactive waste or spent nuclear fuel from the site at which it is located or generated to any site other than a repository or test and evaluation facility. Exempts from such restrictions high-level radioactive waste or spent nuclear fuel that is to be transported by or under contract with the Department of Energy if the Secretary of Energy certifies: (1) compelling reasons of public health, safety, or national security require immediate removal of the waste or spent fuel to another site; (2) receipt of written approval of the appropriate official of each State through which, and the governing body of each Indian tribe through whose reservation, the waste or spent fuel is to be transported; and (3) adequate financial protection or indemnification to cover any public liability arising out of such transportation. Exempts from such restrictions waste or spent fuel to be transported by any person or governmental entity not under contract with the Department of Energy if the Nuclear Regulatory Commission certifies that such conditions are met.
United States · United States Congress · 9 February 1984
Authorizes the Law Enforcement Officers Memorial Fund, Incorporated to erect a National Law Enforcement Heroes Memorial on public grounds in the District of Columbia or its environs in honor and recognition of law enforcement officials in the United States who died in the line of duty. Directs the Secretary of the Interior, in consultation with the Fund, to select with the approval of the Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial other than expenses incurred in the process of site selection and approval of design and plans.
United States · United States Congress · 8 February 1984
Social Security Freedom of Choice Act of 1984 - Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to exclude from "employment" for purposes of coverage under the Old Age, Survivors and Disability Insurance program any service performed in the employ of a religious organization which is exempt from income tax (thus repealing the mandatory OASDI coverage of employees of religious organizations enacted by the Social Security Amendments of 1983).
United States · United States Congress · 8 February 1984
Expresses the sense of the Congress that an international prayer breakfast would be an appropriate event to be held in conjunction with the games of the XXIII Olympiad.
United States · United States Congress · 26 January 1984
Continues to apply after the end of FY 1983 the certification requirements of the International Security and Development Cooperation Act of 1981 which relate to El Salvador until Congress enacts new legislation providing conditions for U.S. military assistance to El Salvador or until September 30, 1984, whichever occurs first.
United States · United States Congress · 26 January 1984
States that the U.S. Marine Corps contingent of the Multinational Force in Lebanon shall not be subjected to further military dangers. Directs such U.S. contingent to be reembarked on ships of the Sixth Fleet not later than April 1, 1984.
United States · United States Congress · 25 January 1984
Fair Insurance Coverage Act - Prohibits any insurer from discriminating in an insurance contract against any person because of blindness. Includes within the prohibition refusing to make or negotiate a contract for insurance or giving different treatment with respect to terms, conditions, rates, or benefits because of blindness. Establishes a preference for State actions prior to judicial enforcement under this Act. Authorizes any aggrieved person, in the absence of State actions or jurisdiction, to bring an action under this Act for individual relief. Authorizes the Attorney General of the United States to bring an action for injunctive relief whenever there is reasonable cause to believe a person is engaged in a pattern or practice of discrimination or when an individual is aggrieved and an issue of general public importance is raised. Grants the Federal district courts jurisdiction of such actions regardless of the amount in controversy. Allows a court to order monetary, equitable, or other appropriate relief, including punitive damages.
United States · United States Congress · 24 January 1984
Coal Export Enhancement Act of 1984 - Directs the Secretary of Commerce to establish, within 90 days of enactment of this Act, a Federal Coal Export Commission which shall meet at least four times a year for consultation on activities leading to increased cooperation among entities involved in U.S. coal exports, with the goal of expanding the U.S. share of the international coal market. Requires the Commission to examine the potential for small- and medium- sized coal companies to enter the export coal trade through export trading companies. Requires the Commission to submit its report to the President and the Congress within two years of its first meeting. Terminates the Commission upon submission of its report.
United States · United States Congress · 24 January 1984
Expresses the sense of the Congress that the President should initiate discussions with the Secretary-General of the United Nations and the President of the Security Council to effectuate the replacement of the Multinational Force in Lebanon with a U.N. peacekeeping force.
United States · United States Congress · 18 November 1983
National Observance Advisory Act - Establishes a commission known as the President's Advisory Commission on National Observances to establish criteria for recommending to the President that a proposed national observance be approved or disapproved.
United States · United States Congress · 18 November 1983
Amends the Federal criminal code to eliminate parole and good time allowances for rape convictions unless the finder of fact at trial determines otherwise.
United States · United States Congress · 14 November 1983
Amends the Social Security Amendments of 1983 to make the mandatory extension of coverage under the Old Age, Survivors and Disability Insurance program to employees of nonprofit organizations for service performed after December 31, 1983, inapplicable to an employee of a nonprofit organization not covered by a waiver certificate who is eligible on December 31, 1983, to receive another governmental pension or annuity.
United States · United States Congress · 10 November 1983
Industrial Competitiveness Act - Title I: Council on Industrial Competitiveness - Establishes in the executive branch an independent agency to be known as the Council on Industrial Competitiveness. Sets forth the duties of the Council including the duty to: (1) collect and analyze information concerning current and future economic trends and market opportunities; (2) create forums where national leaders will identify national economic problems; (3) provide policy recommendations regarding specific issues concerning industrial strategies; and (4) evaluate existing government policies and business practices in terms of their competitive impact. Sets forth the membership and powers of the Council. Requires the Council to report to Congress and the President, within one year of enactment of this title, recommendations for changes in Federal policy necessary to implement effective industrial strategies. Requires the Council to report annually to the President, Congress, and the Bank for Industrial Competitiveness on the major industrial development priorities of the United States and the policies needed to meet such priorities. Authorizes appropriations. Title II: Bank for Industrial Competitiveness - Subtitle A: Bank for Industrial Competitiveness - Establishes the Bank for Industrial Competititveness which shall be an agency of the United States. Sets forth the powers of the Bank and the qualifications for members of the board of directors. Authorizes the Bank to provide financial assistance to: (1) businesses in mature or linkage industries which require revitalization and modernization in order to be competitive in a world market; and (2) businesses in emerging industries which require financial assistance to develop and market new products or technologies. Limits the amount of aid for each project to 30 percent of the funding necessary to carry out the project. Sets forth the requirements for applications for such assistance. Sets forth the terms and conditions for financial assistance from the Bank. Terminates the authority of the Bank to make loans, issue loan guarantees, and purchase capital stock of applicants ten years after the effective date of this title. Sets forth the amount of capital stock the Bank shall have. Authorizes the Bank to issue obligations to provide sufficient funds to carry out the Bank's purposes and to renew, refund or pay other obligations. Limits the amount of the Bank's outstanding obligations to five times the paid-in capital of the Bank. Prohibits any of the loans made, guaranteed, or committed to be guaranteed under this title from being eligible for purchase by, or commitment to purchase by, or sale or issuance to, any Federal agency or government-owned entity. Exempts obligations of the Bank from taxation. Authorizes the Bank to enter into appropriate agreements respecting obligations of the Bank. Sets forth provisions dealing with moneys of the Bank. Exempts from taxation all property of the Bank except for the Bank's real property. Authorizes the Bank to inspect all documents of an applicant relating to the applicant's financial affairs and to all facilities and properties of the applicant. Requires the Bank to submit an annual report to the President and Congress. Terminates the Bank 30 years after the effective date of this title. Subtitle B: Secondary Markets for Industrial Mortgages - Authorizes the Bank to purchase and to make commitments to purchase industrial mortgages from any qualified financial institution. Authorizes the Bank to set priorities regarding the types of industrial mortgages to be purchased. Sets forth conditions which such mortgages must meet. Prohibits an industrial mortgage from being purchased unless specified conditions are met. Authorizes the Bank to set aside mortgages held by it and to issue and sell securities based upon the set aside mortgages. Subtitle C: Investment in Public Industrial Development Banks - Authorizes the Bank to invest in the stock of public industrial development finance institutions established at the State, local, or regional levels. Requires that the Bank be given, in return for its investment, one or more seats on the Board of Directors of the public development bank in which it invests. Prohibits the Bank from contracting with institutions that offer no reasonable prospect of return. Sets forth conditions for participation by the Bank in public industrial development banks. Subtitle D: General Provisions - Authorizes appropriations beginning in FY 1985.
United States · United States Congress · 10 November 1983
Fair Trade in Steel Act of 1983 - Declares that it is the policy of Congress that access to the U.S. market for foreign-produced carbon, alloy, and specialty steel mill products should be on an equitable basis to safeguard national security, insure orderly trade in steel mill products, reduce unfair trade in steel mill products, and alleviate U.S. balance-of-payments problems. Limits annual imports of specified steel mill product categories to specified percentages of the apparent domestic supply which are based on adjusted average import penetration levels for each such product category for the years 1979, 1980, and 1981. Directs the Secretary to allocate global product limitations among foreign countries, groups of countries, or areas. Sets forth guidelines for making such allocations. Requires the Secretary of Commerce to make an annual determination of the expected apparent domestic supply in each steel mill product category. Requires the Secretary to revise such determination periodically during the year. Directs the Secretary to monitor capital investments in steel operations made and announced by the steel industry. Authorizes the Secretary to consult with steel industry representatives with respect to such investments. Requires the Secretary to consult with such representatives and with steel industry employees if the Secretary believes that the capital investment made or announced is substantially less than the cash flow generated from steel operations. Requires the Secretary to report to Congress and authorizes the Secretary to modify or suspend import limits on steel mill products if the Secretary determines that commercial conditions or other relevant considerations do not justify such reduced level of capital investment in steel operations. Directs the Secretary to examine the supply and demand situation in the United States for a specified steel product category if reguested by affected steel consumers. Sets forth criteria to be used in determining short supply. Directs the Secretary to monitor imports of fabricated steel mill products. Sets forth the method of investigating whether imports of fabricated steel products are rendering ineffective or materially interfering with the objectives of this Act. Limits the quantity of iron ore that may be entered from any source other than Canada during any calendar year after 1983. Directs the Secretary to allocate global iron ore limitations among foreign countries, groups of countries or areas (excluding Canada from any such allocation). Sets forth guidelines for making such allocation. Provides for the enforcement and implementation of this Act.
United States · United States Congress · 9 November 1983
Expresses the sense of the Congress that the Soviet Union should: (1) be the host country for the United Nations during alternate years; and (2) be assessed the same percentage of the U.N. budget as the United States is assessed, with the U.S. contribution being reduced accordingly, in those years in which the Soviet Union hosts the United Nations.
United States · United States Congress · 3 November 1983
Designates the Veterans Administration Medical Center in Altoona, Pennsylvania, as the James E. Van Zandt Veterans Administration Medical Center. Designates the Veterans Administration Medical Center in Dublin, Georgia, as the Carl Vinson Veterans Administration Medical Center.
United States · United States Congress · 2 November 1983
Amends the Internal Revenue Code to provide that the unrelated business taxable income of private corporations established under Federal law does not include income from exchanging or renting names and addresses of donors or members.
United States · United States Congress · 2 November 1983
Expresses the sense of the House of Representatives that the Veterans Administration (VA) should develop a comprehensive policy for the study of post-traumatic stress disorder and establish a central office to advise VA personnel on setting up treatment programs.
United States · United States Congress · 1 November 1983
Designates November 12, 1983, as Anti-Defamation League Day in honor of the 70th anniversary of the founding of the Anti-Defamation League of the B'nai B'rith.
United States · United States Congress · 24 October 1983
Amends the Multinational Force in Lebanon Resolution (Public Law 98-119) to require the President to order the withdrawal of all U.S. armed forces from Lebanon, except personnel assigned as guards at the U.S. Embassy in Lebanon.
United States · United States Congress · 19 October 1983
Criminal Fine Collection Act of 1983 - Amends the Federal criminal code with respect to the imposition, payment, and collection of fines. Lists factors that the court must consider in determining whether to impose a fine, including: (1) the ability of the defendant to pay; (2) the burden that payment will impose on the defendant; and (3) any restitution or reparation made by the defendant. States that payment of a fine is due immediately unless the court requires payment by installment or by any date certain. Permits a sentence to pay a fine to be stayed while an appeal is taken. Makes a fine delinquent if any portion of such fine is not paid within 30 days of when it is due. Provides that a fine is in default if it is more than 90 days delinquent. Allows for the modification or remission of a sentence to pay a fine. Requires the clerk to forward each fine payment to the U.S. Treasury and notify the Attorney General of its receipt. Requires the court to certify to the Attorney General when a fine exceeding $100 is imposed, modified, or remitted. Makes the Attorney General responsible for the collection of any unpaid fine for which certification has been issued. Allows the court to impose interest and monetary penalties for any willful nonpayment. Establishes civil remedies for the satisfication of an unpaid fine. Provides that a judgment imposing a fine may be enforced by execution against the property of the person fined as are judgments in civil cases. Allows the court to resentence a person upon willful failure to pay a fine to any sentence which might originally have been imposed. Provides for a statute of limitations on the liability to pay a fine of 20 years or upon death of the person fined. Provides penalties for criminal default of a fine. Makes payment of a fine a condition of probation or parole in certain circumstances. Requires the Attorney General to include in the annual crime report steps taken to implement this Act and any progress achieved in criminal fine collection.
United States · United States Congress · 18 October 1983
Amends the Internal Revenue Code to provide that tax-exempt interest on securities held by the taxpayer before the date of the enactment of the Social Security Amendments of 1983 shall not be taken into account in determining the amount of social security benefits subject to tax.
United States · United States Congress · 6 October 1983
Comprehensive Trade Law Reform Act of 1983 - Title I: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to direct the administering authority to order the suspension of all entries of merchandise subject to a preliminary determination in an antidumping or countervailing duty investigation if the preliminary determination of the International Trade Commission (ITC) is affirmative. Imposes the burden of persuasion with respect to allegations in such investigations upon the person in possession of the specific information necessary to verify or negate such allegations. Establishes within the Department of Commerce the Small Business International Trade Advocate Office (Advocate) which shall assist small businesses in the preparation for, and participation in, any proceedings related to the administration of the U.S. trade laws (including arguing on behalf of petitioners who are financially unable to prosecute antidumping and countervailing duty investigations). Provides that the Advocate may request the ITC to conduct on behalf of small businesses no more than three fact- finding investigations in a given fiscal year. Requires the Advocate each fiscal year to report its activities to specified congressional committees. Authorizes appropriations. Authorizes the administering authority and the ITC to make available under a protective order confidential information submitted by a party to an antidumping or countervailing duty investigation upon receipt of an application which describes the information requested. (Current law requires that the application must describe the information with particularity and must set forth the reasons for the request.) Requires that the information to be disclosed shall include all confidential information available to or prepared by the administering authority during an investigation, excluding customer names and the identity of market research organizations. Declares that it shall not be a requirement of disclosure that the person making the request demonstrate a need to have access to the information. Requires the administering authority or ITC to act upon requests for such information within ten days. Directs the ITC, in determining material injury or the threat of material injury in antidumping or countervailing duty investigations, to consider the cumulative impact of imports of merchandise under investigation when combined with imports of the same class or kind which are subject to similar investigations. Declares that in determining whether a petition requesting an antidumping or countervailing duty investigation states a cause of action the absence of a history of imports in sufficient volume to be a present cause of material injury shall not be a basis for a negative determination when a capability to increase exports is asserted. Amends the definition of the nature of a subsidy to require the ITC, in determining whether there is a threat of material injury, to consider information other than the information presented to it by the administering authority and to consider whether the alleged subsidy is related to a promotional program benefitting a specific industry. Sets forth the time periods to be considered by the ITC in determining material injury or threat of material injury. Requires the ITC, in determining threat of material injury, to consider evidence of: (1) increasing domestic inventories of imported merchandise; (2) new or increased capability to manufacture or export such merchandise in the countries under investigation or shift of production and exports among industry product lines; and (3) any effort by a foreign government or instrumentality to promote the development or growth of export capability of the industry under investigation through a combination of policies or programs. Authorizes the imposition of countervailing duties upon merchandise which is likely to be imported into the United States if such merchandise meets all the other requirements for the imposition of countervailing duties. Requires the imposition of countervailing or antidumping duties on merchandise if a U.S. industry is materially injured or threatened with material injury or the establishment of an industry in the United States is materially retarded by sales of imports or offers of sales of imports. Requires the ITC to make its preliminary determination in antidumping or countervailing duty investigations on the basis of the information contained in the petition and any information received by way of questionnaire response. Provides an extension of time for making a preliminary determination if the ITC does not believe the information contained in the hearing and the questionnaire responses establish material injury. Requires the ITC, in such a case, to schedule a hearing during which interested parties may address the factual issues of concern to the ITC. Permits an extension of time during which the preliminary determination by the administering authority in an antidumping or countervailing duty case may be made only if the petitioner files a timely request for such extension and the case is extraordinarily difficult. (Current law permits such extension if either of these conditions is met.) Excludes claims for antidumping and countervailing duties from the authority of the Secretary of the Treasury to compromise Government claims. Amends the Trade Agreement Act of 1979 to require the ITC, in cases involving revocation of countervailing duties, not to base a negative determination of potential material injury on any export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the subsidy received. Directs the administering authority, upon being notified of a negative determination of potential material injury based upon clear and convincing evidence presented by any party seeking revocation, to revoke an existing countervailing duty order and refund the countervailing duties that had been collected. Amends the Tariff Act of 1930 to prohibit the ITC and the administering authority from reviewing a final determination in a countervailing or antidumping duty case or the suspension of an antidumping or countervailing duty investigation less than five years after publication of notice of that determination or suspension. Authorizes the administering authority, after review, to revoke a countervailing or antidumping duty order or to terminate a suspended investigation. Prohibits the administering authority from taking such actions unless, upon clear and convincing evidence presented by any party seeking revocation or termination of a suspended investigation: (1) the administering authority finds that it is substantially unlikely that subsidized sales or sales at less than fair value will be resumed; and (2) the ITC makes a negative determination of potential material injury to U.S. industries by imports covered by the order or investigation. Prohibits the administering authority from revoking a countervailing duty order or terminating a suspended investigation on the basis of any export taxes, duties, or other charges levied on exports to the United States specifically intended to offset the subsidy received. Prohibits the administering authority from revoking a countervailing or antidumping duty order or terminating a suspended investigation unless the affected foreign manufacturers, producers, or exporters give assurances that they shall not receives subsidies or make sales at less than fair value. Sets forth penalties for violations of such assurances. Requires the administering authority and the ITC to continue an antidumping or countervailing duty investigation if the administering authority, within 20 days of publication of the notice of suspension of an investigation, receives a request for continuation of the investigation from the petitioner. Changes the definition of "interested parties" to include: (1) a trade or business association at least ten percent of whose members manufacture, produce, or wholesale a like product in the United States; and (2) a coalition which includes one or more certified unions or recognized groups of workers associated with the production of a like product in the United States and one or more entities which manufacture, produce, or wholesale a like product in the United States. Changes the definition of "like product." Directs the administering authority to reimburse petitioners, upon request, for the costs of preparing an investigation petition and of participating in an investigation if the investigation results in the issuance of a countervailing or antidumping duty order or a suspension agreement. Requires the payments to be made out of an account which shall be established by the administering authority and into which all countervailing and antidumping duties shall be paid. Declares that there shall be no presumption for or against agency action in any civil proceeding arising under the antidumping or countervailing duty provisions of the Tariff Act of 1930. Permits the administering authority to extend the deadline for a final determination in a countervailing duty investigation to the date of its final determination in an antidumping duty investigation if an antidumping duty investigation is initiated simultaneously with the countervailing duty investigation. Adds definitions of "negative determination" and of "affirmative determination" with respect to antidumping and countervailing duty determinations. Authorizes the administering authority to suspend a countervailing duty investigation if the subsidizing government or the exporters who account for substantially all of the imports of the merchandise subject to the investigation agree: (1) to eliminate the subsidy program completely within six months, except that the administering authority shall not accept an agreement unless the suppression or undercutting of price levels of domestic products by imports of that merchandise will be prevented; or (2) to cease exports of that merchandise to the United States within six months. Authorizes the administering authority, for the purpose of determining the net subsidy, to subtract from the gross subsidy only the amount of: (1) any payment made to qualify for or to receive the benefit of the subsidy; and (2) any loss in the value of the subsidy resulting from its deferred receipt if the deferral is mandated by Government order. Changes the definition of "subsidy" to include a domestic subsidy provided directly or indirectly to a supplier of any input to the class or kind of merchandise imported into the United States. Amends the Trade Agreements Act of 1979 to require the ITC to review countervailing duty orders, upon request, if the request is received before a countervailing duty petition is filed with the administration authority. Amends the Tariff Act of 1930 to prohibit designating a country as a country under the Agreement on Subsidies and Countervailing Measures until the country has committed itself under the General Agreement on Tariffs and Trade to eliminate its export subsidies. Permits countries which are beneficiary developing countries under the Trade Act of 1974 to be designated as countries under the Agreement if, in lieu of such commitment such country agrees: (1) to phase out existing export subsidies within five years; (2) not to increase existing export subsidies, nor extend such subsidies to new merchandise, nor introduce new export subsidies; and (3) to eliminate within one year export subsidies on merchandise which the ITC determines is either produced by an import sensitive U.S. industry or already competitive in the U.S. market and would be competitive in the absence of export subsidies. Requires the President to review the status of and compliance with such agreements at least once during each 12-month period following the date on which the agreement becomes effective and upon the request of certain interested parties. Sets forth the effect of a finding by the President that a country designated as "a country under the Agreement" has not honored its commitments relating to eliminating subsidies. Requires that a countervailing duty order shall presumptively apply to all merchandise of the class of kind which have been determined to materially injure U.S. industries and which are exported from the country investigated, except that differing duties may be imposed if the administering authority determines that there is a significant differential between companies receiving subsidy benefits or if a State-owned enterprise is involved. Adds to the definition of "subsidy" specified programs and protections when used as part of a program to develop a significant export capability in a particular product sector. Requires that the foreign market value of the merchandise under investigation shall be the constructed value of the merchandise if the administering authority determines that the cost to the foreign producer of any foreign material incorporated in the merchandise under investigation is unreasonable. Requires that the cost of such preference or subsidy shall be included in the constructed value of the imported merchandise. Authorizes the administering authority to accept an agreement to restrict the volume of imports of merchandise into the United States (with either the government of the country where the merchandise which is being investigated is produced or with the exporters of such merchandise who account for substantially all the imports of such merchandise) if the agreement will eliminate completely the injurious effect of such imports. Authorizes the administering authority to prescribe regulations governing the entry or withdrawal from warehouse for consumption of merchandise covered by: (1) agreements to eliminate completely sales at less than fair value or to cease exports of merchandise; or (2) agreements to eliminate injurious effect. Requires the administering authority to have received the written consent of the petitioner before suspending an antidumping or countervailing duty investigation. Prohibits making an adjustment to the foreign market value of an import for specified differences in circumstances of sale or discounts. Requires the purchase price and exporter's sales price to be adjusted by being reduced by, among other costs, the costs relating to the circumstances of sale. Requires that "cost relating to" circumstances of sale rather than "differences in" circumstances of sale shall be taken into account if they cause a difference between the U.S. price and the foreign market value of the merchandise. Requires that the foreign market value of imported merchandise shall be the weighted average price of all sales or offers for sale of such merchandise subject to specified conditions. Prohibits the administering authority from using items selected by foreign manufacturers, producers, or exporters, or the U.S. importers of merchandise under investigation when the authority uses averaging or sampling techniques to determine the foreign market value of such merchandise. Revises the definition of sales at less than the costs of production to include sales through a related party if such sales are made below the cost of production including related party marketing costs. Requires such sales to be disregarded in determining foreign market value if they have been made over an extended period of time and in substantial quantities. (Current law requires that such sales, in order to be disregarded must also have been at prices which do not permit recovery of all costs within a reasonable period of time in the normal course of trade.) Includes within the definition of "exporter" for purposes of determining U.S. price, any person who owns or controls five percent (currently 20 percent) or more of the voting power or control in the business carried on by the person by whom or for whose account the merchandise is imported into the United States and also five percent (currently 20 percent) or more of such power or control in the business of the exporter, manufacturer, or producer. Requires that any differences between the U.S. price and the foreign market value of imported merchandise which are due to circumstances of sales shall reflect the actual selling expenses incurred by the purchasers in their markets. Repeals the provision for posting security in lieu of estimated antidumping duties pending an early determination of the antidumping duty. Authorizes the administering authority, upon request by an interested party, to negotiate settlement agreements the implementation of which shall be subject to the withdrawal of the petitions resulting in the antidumping or countervailing duty investigation. Provides for the enforcement of such agreements. Title II: Escape Clause - Amends the Trade Act of 1974 to authorize an entity which is representative of an industry (including an industry which produces parts irrevocably destined for incorporation in an article like or directly competitve with an imported article) to petition the ITC for import relief. Requires that the ITC, in determining whether increased imports of an article are causing or threatening serious injury to domestic industries, shall take into account whether the article under investigation is incorporated in an imported article. Deletes the provision which defines "substantial cause" for purposes of injury determination as a cause which is important and not less than any other cause. Requires that the ITC, whenever it has reason to believe that the increased imports are attributable to circumstances which come within the purview of other remedial provisions of law, shall promptly notify the appropriate agency and such agency shall initiate the appropriate action. Requires that an affirmative determination of serious injury under this title shall be considered to be an affirmative determination of material injury under other remedial provisions of law if the affirmative determination of serious injury has been made within 12 months of the date on which the petition was filed under the other statutes. Requires that the ITC, if it finds that a serious injury or the threat of a serious injury exists, shall, in order to prevent or remedy such injury: (1) find the amount of increase in or imposition of any duty; (2) determine a tariff rate quota on such article; (3) determine the quantitative import restriction on the import into the United States of such article; or (4) recommend any combination of such actions. Requires at least six months to elapse between investigations of import injury. Requires the ITC to determine, within 45 days of the filing of a petition, whether or not a reasonable indication that conditions for an affirmative finding of serious import injury exist if a petitioner alleges that imports of an article have increased by more than ten percent in volume or 20 percent relative to domestic production in the previous 12 months. Requires the Commissioner of Customs, if the ITC makes an affirmative determination of such indication, to order the suspension of liquidation of entry of such articles. Requires the suspension to continue until: (1) the ITC makes a negative determination of serious injury; or (2) import relief actions take effect. Requires an additional duty to be imposed on any article that is subject to a suspension of liquidation of entry if the ITC makes an affirmative determination of import injury. Deletes the provision authorizing the President to grant trade adjustment assistance instead of import relief to an industry which has been seriously injured by imports. Directs the President, if the President finds that it is in the national economic interest to provide import relief, to either place into effect the determination of the ITC or to negotiate one or more orderly marketing agreements pursuant to the ITC's determination. Requires the President, if the President determines that the import relief recommended by the ITC is not in the national economic interest and that there are alternatives which offset the injury to the same extent as the ITC's recommendations, to transmit to Congress a document setting forth: (1) such determination; (2) the reasons why the ITC's recommendation is not in the national economic interest; (3) other information with respect to the alternatives; and (4) proposed legislation to implement the President's recommendation. Provides for expedited consideration of the President's proposal in the Congress. Requires the President, within 31 days of the submission of such proposal to Congress to: (1) proclaim the actions recommended by the ITC if Congress does not enact the President's proposal; or (2) take the action recommended in the President's proposal. Requires that the import relief proclamation, if it provides for the imposition of or an increase in the rate of duty, shall also provide for periodic review and adjustment of the duty rate in order to maintain substantially the same amount of import relief that has been proclaimed. Requires that bilateral or multilateral orderly marketing agreements negotiated by the President shall limit the export from foreign countries and the import into the United States of articles subject to the import relief proclamation. Prohibits an orderly marketing agreement from becoming effective unless the ITC determines that it provides at least the same level and duration of import relief as found by the ITC to be necessary. Requires the President to proclaim the import relief found by the ITC if the ITC finds that the orderly marketing agreement does not provide the necessary import relief or if the ITC is evenly divided on the question. Requires the import relief to last for not less than five years and not more than ten years. (Current law terminates import relief after five years unless renewed.) Authorizes the import relief to be phased down during the period of such relief but only after the first three years have elapsed. Deletes the provisions providing for extension of import relief. Authorizes the President to reduce or terminate import relief but only after at least five years have elapsed. Requires at least one year to elapse between the end of a period of import relief with respect to an article and the beginning of a new investigation into import relief with respect to such article. (Current law requires two years to elapse between investigations.) Title III: Enforcement of United States Rights - Authorizes the administering authority, based upon information available to it or upon a petition filed with it, to initiate investigations relating to the enforcement of U.S. rights under trade agreements and relating to the U.S. response to certain unfair foreign trade practices. (Current law authorizes the President to begin such investigations.) Authorizes the administering authority to take specified steps to enforce such rights or to respond to the foreign trade practices. Declares that a foreign practice that denies fair and equitable market opportunities to U.S. goods or services or denies to U.S. businesses fair and equitable opportunities for the establishment of an enterprise shall be considered an unreasonable practice which burdens U.S. commerce. Declares that foreign industrial targeting of a specific sector or sectors of the economy shall be considered an unreasonable practice that burdens U.S. commerce. Requires the administering authority to take action if a foreign government has engaged in industrial targeting which causes or threatens to cause material injury to a U.S. industry or which materially retards the establishment of an industry in the United States. Authorizes any interested person to file a petition with the administering authority requesting action to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Requires the administering authority to review the sufficiency of the allegations of the petition within 20 days of its filing date. Requires the administering authority, if it finds that the petition provides the basis for action, to publish the petition and provide an opportunity for hearing. Requires the administering authority, if it finds no basis for action in the petition, to reject the petition and inform the petitioner of the reasons for the rejection. Deletes the provision requiring consultation with the affected foreign country regarding issues raised by the petition. Directs the administering authority to present questionnaires to the affected foreign governments and foreign enterprises to develop information about the allegations. Requires the administering authority to verify the information provided by such governments and enterprises and relied upon by the administering authority. Requires the final determination of the administering authority to be based upon the best information available if the foreign governments or entities do not respond to the questionnaires or if the responses cannot be verified. Requires the administering authority to issue a preliminary determination within five months of the initiation of the investigation. Requires the administering authority, if the preliminary determination is affirmative, to take specified actions on a provisional basis. Requires the administering authority to make a final determination within 11 months of the initiation of the investigation. Requires specified actions to be taken within 30 days if the final determination is affirmative. Requires the administering authority to consult closely with the petitioner on the nature of the action taken. Directs the administering authority to make confidential information submitted during an investigation available upon request. Prohibits disclosing customer names and the identity of market research organizations. Authorizes the administering authority, if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove an action taken by the United States, to modify or terminate the action or take such other action as it deems appropriate to compensate an adversely affected foreign country. Defines "administering authority" to mean the U.S. Trade Representative or any other U.S. officer to whom the responsibilities of the administering authority under this title are transferred by law. Requires the administering authority to collect data on foreign nontariff trade barriers, foreign barriers to investment, and foreign government programs to promote particular industries. Requires the administering authority to report quarterly to Congress on the information collected. Provides for judicial review of determinations of the administering authority by the U.S. Court of International Trade. Requires the Court to hold unlawful any determination found to be unsupported by substantial evidence on the record or otherwise not in accordance with law. Title IV: Private Remedies - Amends the Revenue Act of 1916 to permit a civil suit against manufacturers, exporters, or importers of an article if: (1) the article is manufactured or produced in a foreign country and imported or sold within the United States at a price less than the foreign market value or constructed value of such article; (2) the importation or sales cause or threaten material injury to U.S. industry or labor or prevent the establishment or modernization of any industry in the United States; and (3) the person filing the suit is injured in business or property because of the importation or sale. Authorizes a plaintiff, if a defendant is found liable, to recover the costs of the action, damages for the injury sustained, or appropriate equitable relief. (Current law provides for criminal penalties and treble damages in civil suits.) Declares that the standard of proof in such actions is the preponderance of the evidence. Grants subpoena power to the district court involved in the case. Makes the District Director of the U.S. Customs Service for the port through which the article is commonly imported the agent of the manufacturer or exporter for service of process. Imposes a four year statute of limitation on such actions. Supends the running of the statute of limitation during certain administrative proceedings under the Tariff Act of 1930. Authorizes the court to enjoin further importation, sale, or distribution of the article or take any other action authorized by the Federal Rules of Civil Procedure if the defendant fails to comply with court orders. Preserves the confidentiality of information used in such action. Requires such an action to be expedited in every way possible. Includes within the foreign market value or constructed value of the article any subsidy provided to the manufacturer, producer, or exporter of the article. Expresses the sense of the Congress that the provisions of this title are consistent with the GATT. Title V: Miscellaneous - Sets forth the effective date of this Act.
United States · United States Congress · 6 October 1983
Establishes the National Commission on Federal Budget Deficit Reductions to review all relevant elements of fiscal and monetary policy, identify problems which may hinder the control and reduction of Federal budget deficits, and analyze all potential options which would result in deficit reductions and place the Government on a sound financial basis. Requires the Commission to transmit a report to the President and Congress not later than February 15, 1984, or the close of the 90th day beginning after the date of enactment of this resolution. Requires such report to contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. Terminates the Commission 30 days after it submits its report.
United States · United States Congress · 5 October 1983
Synthetic Fuels Corporation Fiscal Accountability Act of 1983 - Amends the Energy Security Act to prohibit the U.S. Synthetic Fuels Corporation from making new awards of financial assistance after the date of the enactment of this Act and before the date on which the Corporation's comprehensive strategy for achieving the national synthetic fuel production goal is approved by Congress. Makes limitations on Corporation construction projects effective upon the enactment of this Act rather than upon approval of the comprehensive strategy as provided under current law.
United States · United States Congress · 5 October 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise the benefit levels of individuals becoming eligible for benefits in or after 1979 so that they are equal to the benefit levels of individuals who became eligible for benefits before 1979.
![Official portrait of Rep. Applegate, Douglas [D-OH-18]](https://www.congress.gov/img/member/a000214_200.jpg)