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Official portrait of Rep. Broyhill, James T. [R-NC-10]

Rep. Broyhill, James T. [R-NC-10]

United States · Official source

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1,256 records where Rep. Broyhill, James T. [R-NC-10] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 4158 (98th)referred

A bill entitled: "The Vietnam Veterans Memorial Dignity Act".

United States · United States Congress · 19 October 1983

Amends Federal law to specify the two acre area authorized for the Vietnam Veterans Memorial. Directs the Secretary of the Interior to file a map and a legal description of the specified area with the appropriate congressional committee and to publish such map and legal description in the Federal Register.

Bill· HRH.R. 4124 (98th)referred

Comprehensive Trade Law Reform Act of 1983

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.

Bill· HRH.R. 4098 (98th)open

Synthetic Fuels Corporation Fiscal Accountability Act of 1983

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.

Bill· HRH.R. 4080 (98th)open

National Organ Transplant Act

United States · United States Congress · 5 October 1983

National Organ Transplant Act - Title I: Amendment to Public Health Service Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make planning and operations grants for local organ procurement organizations. Sets forth eligibility criteria. Authorizes appropriations for FY 1984 through 1989. Directs the Secretary to establish a private nonprofit United States Transplantation Network to provide a central registry linking donors and potential recipients. Directs the Secretary to: (1) establish in the Office of the Assistant Secretary for Health a National Center for Organ Transplantation to coordinate Federal organ transplantation activities; and (2) appoint an advisory council for such Center. Requires the Secretary to publish an annual organ transplantation report. Title II: Medicare and Medicaid Amendments - Amends the Social Security Act to permit Medicare organ transplantations at specified centers. Exempts organ procurement activities from specified cost limits. Requires States to develop written Medicaid payment polices for organ transplants. Requires State Medicaid plans to participate in any transplant program established under Medicare. Requires designated Medicare transplant centers to serve Medicaid patients. Title III: Prohibition of Organ Purchases - Prohibits the sale of human organs. Subjects violators to maximum penalties of $50,000 or five years in prison, or both.

Bill· HRH.R. 4092 (98th)referred

Small Business Competitive Procurement Act of 1983

United States · United States Congress · 5 October 1983

Small Business Competitive Procurement Act of 1983 - Amends the Small Business Act to prohibit Government procurement officers from using qualified bidders or similar lists to preclude small businesses from being awarded contracts without referring the matter for final disposition to the Small Business Administration (SBA). Requires the SBA to certify small businesses as eligible to perform specified Government subcontracts if the contract involved exceeds $100,000 or the approved limits of a contractor's procurement system, whichever is greater. Provides that a Government procurement officer may not refuse to include a product of a small business concern or group of small business concerns on a qualified products list without referring the matter for final disposition to the SBA. Requires the SBA to make such final disposition within 60 days. Prohibits the SBA from: (1) establishing an exemption from the requirements that Government procurement officers refer questions as to a small business' eligibility as a Government contractor to the SBA for disposition; or (2) refusing to accept such a referral. Declares it to be the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the award of Government prime contracts and subcontracts for appropriate portions of component systems, spare parts, and services for major weapon systems. Provides that during the planning for contracts for the procurement and performance of service or for the production or assembly of goods and spare parts for major weapon systems, the head of each Federal agency shall maximize competition for such components or services so as to insure to the maximum extent practicable that small businesses and small disadvantaged businesses are not precluded from performing as prime contractors and subcontractors on such contracts. Requires Federal agencies to publicly post and make available to small businesses information concerning the agencies' solicitations, unless such disclosure of information would be a breach of security or would disclose the Government's cost estimate for the procurement. Directs the Department of Defense to use funds appropriated for the development or production of any major weapon system to acquire manufacturing data relating to such system. Requires contracts entered into by any military department for the development or production of any major weapons system to contain provisions insuring the Government's acquisition of such manufacturing data, including conditions under which the contractor waives proprietary rights with respect to data necessary for the performance of such contracts. Provides waiver authority upon notification to specified congressional committees in instances where the military department determines that manufacturing technical data is not necessary. Directs each military department, within a specified time, to complete an inventory of the manufacturing technical data which the Government has in its possession or to which it has access. Directs the Comptroller General of the United States to transmit to Congress, within three years after enactment of this Act, a report evaluating each military department's efforts to compile an inventory of the manufacturing data for major weapons systems in its possession or to which it has access. States that Federal procurement rulemaking is to be covered under the Administrative Procedure Act.

Resolution· HRESH.Res. 327 (98th)referred

A resolution to amend the Rules of the House of Representatives regarding the printing of remarks in the Congressional Record.

United States · United States Congress · 30 September 1983

Amends the Rules of the House of Representatives to require that for purposes of printing in the Congressional Record, remarks of Members made on the floor or submitted for inclusion in the Record, including associated materials, shall be relevant to governmental matters. Exempts from such provision, remarks on the death of present or former Federal officials.

Law· HRH.R. 3960 (98th)enacted

North Carolina Wilderness Act of 1984

United States · United States Congress · 22 September 1983

North Carolina Wilderness Act of 1983 - Designates the following lands in North Carolina as components of the National Wilderness Preservation System: (1) the Birkhead Mountains Wilderness in the Uwharrie National Forest; (2) the Catfish Lake South Wilderness in the Croatan National Forest; (3) the Ellicott Rock Wilderness Addition in the Nantahala National Forest; (4) the Joyce Kilmer Wilderness Additions in the Nantahala National Forest; (5) the Linville Gorge Wilderness Additions in the Pisgah National Forest; (6) the Middle Prong Wilderness in the Pisgah National Forest; (7) the Pocosin Wilderness in the Croatan National Forest; (8) the Pond Pine Wilderness in the Croatan National Forest; (9) the Sheep Ridge Wilderness in the Croatan National Forest; (10) the Shining Rock Wilderness Addition in the Pisgah National Forest; and (11) the Southern Nantahala Wilderness in the Nantahala National Forest. Provides that the RARE II (second roadless area review and evaluation) final environmental statement (dated January 1979) with respect to national forest system lands in North Carolina shall not be subject to judicial review. Releases national forest system lands in North Carolina which were reviewed in the RARE II program from further review by the Department of Agriculture, pending revision of initial national forest management plans. Releases lands in North Carolina reviewed in the RARE II program and not designated as wilderness or for wilderness study from management as wilderness areas. Prohibits the Department of Agriculture from conducting any further statewide roadless area review and evaluation of national forest system lands in North Carolina without express congressional authorization. Requires the Secretary of Agriculture to review the following lands with respect to their suitability as wilderness areas: (1) the Harper Creek Wilderness Study Area in the Pisgah National Forest; (2) the Lost Cove Wilderness Study Area in the Pisgah National Forest; (3) the Overflow Wilderness Study Area in the Nantahala National Forest; (4) the Snowbird Wilderness Study Area in the Nantahala National Forest; and (5) the Craggy Mountain Wilderness Study Area in the Pisgah National Forest. Requires the Secretary to report on such review to the President, who shall submit recommendations with respect to such wilderness study areas to Congress within three years after enactment of this Act.

Bill· HRH.R. 3939 (98th)referred

Regulatory Oversight and Control Act of 1983

United States · United States Congress · 20 September 1983

Regulatory Oversight and Control Act of 1983 - Title I: Agency Rulemaking Improvements - Requires each executive agency and each independent regulatory agency to include in the notice of a proposed rule an explanation of the agency's determination as to whether the rule is a major rule. Directs each agency, before or upon publishing notice of a proposed rulemaking proceeding for a major rule, to issue statements concerning: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the benefits, costs, and effectiveness of the proposed rule and alternatives; (5) the advantages and disadvantages of adopting performance standards rather than design standards; (6) the technical information the agency will rely on in making the rule; and (7) the statutory authority of the agency to regulate any areas previously regulated only by State law. Requires that each agency issue additional statements upon providing notice of the promulgation of a major rule, including a statement of its determination that the benefits of the rule will justify the costs of the rules and that the rule will achieve rulemaking objectives in a more cost effective manner than the alternatives. Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions on how the public may obtain copies of agency statements on such rule; (2) send a copy of all statements required at the notice and publication of a major rule to the President; and (3) include such statements and any technical information considered in the rulemaking file. Requires agencies to provide for oral presentations at informal public hearings as part of the rulemaking proceedings for major rules. Directs agencies to allow cross-examination of persons presenting information if necessary to resolve significant issues of fact. Directs agencies to regulate such public hearings so as to ensure orderly and expeditious proceedings. Allows an agency to delay completing the rulemaking requirements of this Act if it publishes a finding that complying with such requirements before making the rule would be impracticable, unnecessary, or contrary to the public interest. Requires an agency to complete such requirements as soon as practicable after promulgating the rule unless the rule will expire within two years. Sets forth provisions governing the judicial review of agency compliance with rulemaking and rule review requirements of this Act and the President's compliance with oversight requirements. Directs the President to: (1) establish procedures for agency implementation of the requirements of this title; (2) afford the public an opportunity to comment on such procedures before adoption; and (3) monitor, review, and comment on agency compliance with such requirements. Permits the Comptroller General to review agency compliance with this Act. Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of all rules the agency expects to propose, promulgate, repeal, modify, or review in the next year and specified information concerning such rules. Requires publication of the agendas of all agencies in a single issue of the Federal Register. Directs each agency to publish for public comment a proposed schedule for the review of its existing major rules and other rules that may be added by the agency or the President. Declares that each such rule shall cease to be effective not more than ten years after the date the final schedule is published. Directs each agency to publish its responses to public comments upon publishing the final schedule. Requires an agency to include with the publication of a major rule the date, within ten years, on which the rule will expire and the date by which the rule must be reviewed. Directs each agency to: (1) publish a notice of the initiation of the review of a rule; (2) describe the costs, benefits, problems, and alternatives to the rule; (3) provide a period for public comment; and either (4) conduct a rulemaking proceeding to reissue or amend the rule; or (5) publish an explanation of its decision to allow the rule to expire. Allows agencies to alter review schedules if the President agrees. Amends the Administrative Procedure Act to eliminate the exemption of rules concerning loans, grants, and benefits from notice and comment rulemaking requirements. Requires that the notice of a proposed rulemaking include: (1) a statement of the objectives of the rule; (2) a statement that the agency seeks proposals from the public of alternative methods; and (3) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Requires an agency to: (1) provide a period of at least 60 days after publishing a notice of proposed rulemaking for the public to submit comments on a proposed rule; and (2) include the agency's response to such comments in the statement published with the adopted rule. Prohibits an agency from relying on any material of central relevance in a rulemaking if the material is not included in the rulemaking file or the public has not had an opportunity to comment on the material. Directs each agency to maintain a public file on each rulemaking proceeding. Allows an agency to exclude from such file any material relied upon which is exempt from public disclosure under the Freedom of Information Act, if a statement of the basis for such exclusion is included. Requires a court reviewing an agency action: (1) not to accord any presumption in favor of or against agency action; (2) in determining questions of law other than statutory jurisdiction, to give the agency's interpretation such weight as it warrants considering the agency's authority under law; (3) in making determinations concerning statutory jurisdiction, to determine whether the action is within the agency's jurisdiction on the basis of the statutory language or other indications of legislative intent; and (4) in determining whether the adoption of a rule is in accordance with law, to consider whether there is substantial support in the rulemaking file for the agency's factual determinations. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action as necessary to permit designation of the court of record. Prohibits agencies from paying expenses of persons participating or intervening in agency proceedings except as specifically authorized by statute. Title II: Congressional Review of Agency Proceedings - Requires each agency to transmit a copy of each rule it promulgates to the House of Representatives and the Senate. Declares that such rule shall be considered only as a recommendation of the agency to Congress. Prohibits a major rule from taking effect unless a joint resolution approving the rule is enacted within 90 days. Prohibits a rule other than a major rule from taking effect if a joint resolution disapproving the rule is enacted within 90 days. Prohibits an agency from promulgating a new rule that is substantially the same as a major rule that was not approved or any other rule that was disapproved. Directs the Comptroller General, at the request of a committee of either House which has primary legislative jurisdiction over a rule or on his or her own initiative, to inform such committee as to whether the rule is consistent with the statutory authority under which it was promulgated. Exempts an emergency rule from such congressional review requirements if the agency submits to the appropriate congressional committees a written notice of: (1) its determination that the rule is an emergency rule; (2) the time period (limited to 210 days) during which the rule will be effective; and (3) its intention to issue a final rule, if necessary, when such emergency rule expires. Sets forth House and Senate procedure for the consideration of such resolutions of approval or disapproval. Declares that: (1) congressional inaction on or rejection of a resolution disapproving a rule shall not be deemed an expression of approval of that rule; and (2) enactment of a resolution approving a major rule shall not be construed to create any presumption of validity with respect to such rule and shall not affect the judicial review of such rule. Title III: Regulatory Oversight and Control Amendments to House Rules - Amends the rules of the House of Representatives to establish a Regulatory Review Calendar to which all resolutions for the approval or disapproval of agency rules shall be referred. Provides for the consideration of the resolutions on such Calendar on the first and third Monday and the second and fourth Tuesday of each month. Declares that it shall be in order during the reading of a general appropriation bill to consider any germane amendment proposing a limitation restricting the implementation of an agency rule, other than a major rule, for which a resolution of disapproval has not been considered by the House, or has been passed by the House but not enacted, within the time required under this Act. Requires each standing committee of the House to consider and adopt its oversight plans in a meeting which is open to the public by March 1 of the first session of a Congress. Directs each such committee to: (1) consult with other congressional committees with jurisdiction over the same areas to assure that such areas are reviewed in the same Congress and that there is maximum coordination and cooperation between such committees in conducting such review; (2) give priority to the review of programs under permanent budget or statutory authority; and (3) attempt to ensure that all laws, programs, activities, and agencies within its jurisdiction are reviewed at least once every ten years. Requires each committee to submit its final plans to the Committee on Government Operations which shall report all such plans to Congress with recommendations to assure the effective coordination of such plans. Authorizes the Speaker of the House, with the approval of the House, to appoint special ad hoc committees to review specific matter within the jurisdiction of two or more standing committees. Requires each committee to include in its biennial report to the House separate sections summarizing the legislative and oversight activities of that committee. Declares that it shall not be in order in the House to consider a primary expense resolution for any committee that has not submitted its oversight plans to the Committee on Government Operations.

Law· HJRESH.J.Res. 353 (98th)enacted

A joint resolution condemning the Soviet criminal destruction of the Korean civilian airliner.

United States · United States Congress · 13 September 1983

States that the United States: (1) condemns the Soviet destruction of Korean Air Lines flight 7; (2) calls for an explanation from the Soviets; (3) extends its sympathies to the families who lost loved ones and supports their rights to obtain reparations from the Soviets; (4) calls on the Soviets to assist in the recovery of the remains of the victims; (5) calls for an international investigation by the International Civil Aviation Organization; (6) declares its intention to demand that the Soviets modify their air defense procedures to assure the safety of commercial airliners; (7) finds that this incident will make it difficult for the U.S. and other nations to accept the Soviets as responsible members of the international community; and (8) urges our allies and other nations to cooperate with specified demands on the Soviets.

Bill· HRH.R. 3846 (98th)referred

Davis-Bacon Reform Act of 1983

United States · United States Congress · 4 August 1983

Davis-Bacon Reform Act of 1983 - Amends the Davis-Bacon Act to increase from $2,000 to $1,000,000 the threshold dollar amount subjecting certain contracts to such Act and requiring them to specify the minimum wages to be paid to laborers and mechanics. Directs the Secretary of Labor to establish as the prevailing wage for a class of laborers or mechanics the entire range of wages being paid to a corresponding class of such workers in the particular urban or rural subdivision of the State in which the work is to be performed. Excludes from the computation of wages the basic hourly rates of pay for workers on local Federal projects. Establishes a separate classification for helpers of laborers or mechanics. Amends the Copeland Anti-Kickback Act to require certain contractors or subcontractors to furnish compliance statements concerning weekly wages at the beginning and conclusion of the period covered by the contract, instead of every week as the wages are paid.

Bill· HRH.R. 3795 (98th)open

Wine Equity and Export Expansion Act of 1984

United States · United States Congress · 4 August 1983

Wine Equity Act of 1983 - Requires the President to direct the U.S. Trade Representative (USTR) to negotiate the harmonization of tariff and nontariff barriers on wine with each designated major trading country. Requires negotiations with designated major trading countries which do not export wine to the United States in order to eliminate all tariff and nontariff trade barriers of such countries to the importation of U.S. wine. Requires the President to impose tariff and nontariff trade barriers equal or substantially equivalent to the barriers applied by a designated major trading country if such country does not provide harmonization to U.S. produced-wine with 180 days of the country's designation as a designated major trading country. Provides for removing such U.S. tariff and nontariff barriers. Requires the USTR to report to specified congressional committees at the beginning and end of each negotiation. Requires the USTR to consult with such committees to identify further tariff and nontariff barriers to and potential markets for U.S. wine. Provides for assistance for the USTR from other Federal agencies.

Law· HRH.R. 3755 (98th)enacted

Social Security Disability Benefits Reform Act of 1984

United States · United States Congress · 3 August 1983

Social Security Disability Benefits Reform Act of 1983 - Title I: Standards of Disability - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that an individual who is receiving disability benefits or child, widow's, or widower's insurance benefits based on disability may be determined not to be entitled to such benefits on the grounds that the disability involved has ceased, does not exist, or is not disabling, only if: (1) there has been medical improvement in the individual's impairment so that the individual can engage in substantial gainful activity; (2) the individual can engage in substantial gainful activity as a result of medical or vocational therapy or technology; or (3) on the basis of new or improved diagnostic techniques, the individual's impairment is not considered as disabling as it was at the time of the most recent prior disability determination and the individual can engage in substantial gainful activity. Requires the Secretary of Health and Human Services to: (1) conduct a study, in conjunction with the National Academy of Sciences, on the use of subjective evidence of pain in making disability determinations; and (2) submit the study results to specified congressional committees. Requires the Secretary to consider the combined effect of all of an individual's impairments in determining whether such individual is unable to engage in substantial gainful activity. Title II: Disability Determination Process - Requires the Secretary to revise the criteria under the category "Mental Disorders" in the "Listing of Impairments" in effect under part 404 of title 20 of the Code of Federal Regulations which are used to make individualized determinations of disability for purposes of determining eligibility for disability benefits under title II of the Social Security Act. Prohibits the Social Security Administration from carrying out continuing eligibility reviews with respect to individuals previously determined to be under a disability due to mental impairment until such revisions have been established by final regulation. Makes such prohibition inapplicable in any case involving fraud or where an individual is engaged in substantial gainful activity. Sets forth requirements for the redetermination of disability determinations made after the enactment of this Act and before the date on which the Secretary's revisions are established by final regulation. Provides that an initial disability determination by the Secretary or by a State agency which is unfavorable to a disability benefit applicant shall remain pending until after notice and opportunity for review. Requires that such a determination contain a statement of the case which indicates the basis of the disability determination, the right to a review, and the right to submit additional medical evidence before such review. Entitles the applicant or the applicant's spouse, divorced spouse, surviving divorced spouse, surviving spouse, surviving divorced mother, child, or parent to a review of a pending disability determination upon request and upon a showing that his or her rights may be prejudiced by such determination. Sets forth procedural requirements with respect to such a review. Requires the Secretary or the State agency to affirm or modify a pending disability determination on the basis of such a review. Provides that an initial decision by the Secretary as to an individual's eligibility for disability benefits which is based upon an initial disability determination and which is unfavorable to such individual shall contain a statement of the case which indicates the basis of such decision, the individual's right to a hearing, and the individual's right to submit additional evidence before or at such hearing. Entitles an individual who is dissatisfied with an initial decision by the Secretary to judicial review. Requires the Secretary to conduct demonstration projects in at least five States implementing the amendments made by this Act. Requires the Secretary to report to specified congressional committees on such projects. Removes certain time restrictions on the continued payment of disability benefits during the appeal process. Requires the Secretary to study and report to specified congressional committees on: (1) the effect of the continued payment of benefits during the appeal process upon the expenditures of the Federal Disability Insurance Trust Fund; and (2) the rate of appeals to administrative law judges of unfavorable disability benefit entitlement determinations. Provides that a disability determination in the case of an individual with a mental impairment shall be made only after a qualified psychiatrist or psychologist employed by the State agency or the Secretary has made the proper medical evaluation. Requires the Secretary to prescribe standards with respect to consultative examinations which must be obtained for disability determinations. Title III: Miscellaneous Provisions - Provides for the application of Federal rulemaking and administrative procedure requirements to disability determinations under title II of the Social Security Act. Specifies certain decisions by a U.S. court of appeals with which the Secretary and the Department of Health and Human Services must comply, unless there is a review by the U.S. Supreme Court. Expands the types of cases with respect to which States may be reimbursed by the Secretary for the costs of furnishing vocational rehabilitation services. Establishes in the Department of Health and Human Services an Advisory Council on the Medical Aspects of Disability, which shall advise and make recommendations to the Secretary on disability standards, policies, and procedures. Terminates the Council on December 31, 1985. Amends title VII (Administration) of the Social Security Act to require that each report by the Secretary to Congress on the administration of the Social Security Act contain a description of the current status of the disability insurance program under title II of such Act. Requires the Secretary to establish enough attorney adviser positions in the Department of Health and Human Services to insure adequate opportunity for career advancement for attorneys in the Social Security Administration. Requires that such attorneys be given qualifying experience for appointment to administrative law judge positions. Requires the Secretary to report to specified congressional committees with respect to complying with these requirements.

Law· HRH.R. 3635 (98th)enacted

Child Protection Act of 1984

United States · United States Congress · 21 July 1983

Child Protection Act of 1983 - Amends the Federal criminal code dealing with the sexual exploitation of children. Increases the penalties for the sexual exploitation of children from $10,000 to $100,000 and, on a subsequent conviction from $15,000 to $200,000. Prohibits the distribution involving the sexual exploitation of minors even if the material is not found to be "obscene." Eliminates the requirement that persons distributing such material in interstate commerce do so for purposes of sale. Raises the age of a minor to include any person under the age of eighteen. Redefines "sexually explicit conduct" to exclude simulated conduct when there is little or no possibility of harm to the minor and when there is redeeming social, literary, educational, scientific or artistic value. Permits authorization for the interception of wire or oral communications in the investigation of such offenses.

Bill· HRH.R. 3614 (98th)referred

A bill to authorize the awarding of a special congressional gold medal to the daughter of Harry S. Truman in recognition of his outstanding public service to the United States.

United States · United States Congress · 20 July 1983

Authorizes the President to present, on behalf of Congress, a gold medal to Margaret Truman Daniel, daughter of Harry S. Truman, in recognition of the lifetime of outstanding public service he gave to the United States. Commemorates his one hundredth birthday which will be celebrated on May 8, 1984. Authorizes appropriations.

Bill· HRH.R. 3526 (98th)referred

A bill to amend title 5, United States Code, to extend by one year the period of time during which certain deposits for civil service retirement based on military service may be made.

United States · United States Congress · 12 July 1983

Delays by one year the deadline after which Federal employees or Members of Congress must include interest on any amount deposited into the Treasury for the purpose of obtaining civil service retirement credit for military service.

Bill· HRH.R. 3502 (98th)open

Patent Term Restoration Act of 1983

United States · United States Congress · 30 June 1983

Patent Term Restoration Act of 1983 - Amends the patent laws to extend the terms of patents which encompass specified products or a method for using a product, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a seven year limitation. Directs the Commissioner of Patents to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for products subject to regulation under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Toxic Substances Control Act, and the Act of March 4, 1913 (relating to virus, serum, toxin, and analogous products).

Resolution· HCONRESH.Con.Res. 139 (98th)referred

A concurrent resolution expressing the sense of the Congress that the Secretary of Health and Human Services should continue to review the Social Security Disability Program to ensure that disability benefits for individuals are not arbitrarily terminated.

United States · United States Congress · 29 June 1983

Expresses the sense of Congress that the Secretary of Health and Human Services should continue to review the social security disability program in order to ensure that disability benefits are not arbitrarily terminated.

Bill· HRH.R. 3302 (98th)open

Government Printing Office Pay Reform Act of 1983

United States · United States Congress · 14 June 1983

Government Printing Office Pay Reform Act of 1983 - Requires the pay of Government Printing Office employees to be administered under the prevailing rate system and the General Schedule. Provides that employees who, upon enactment of this Act, hold positions for which the pay rates are determined by conference with the Public Printer or by appeal to the Joint Committee on Printing, shall, with specified exceptions, continue to receive basic pay at a rate not below the rate in effect immediately before enactment of this Act, plus any increase payable under the prevailing rate system or the General Schedule. Repeals the limitation on the number of apprentices that the Public Printer may employ at one time.

Bill· HRH.R. 3198 (98th)reported

A bill to commemorate the historic trail route of Daniel Boone.

United States · United States Congress · 2 June 1983

Authorizes the Secretary of the Interior to accept the donation of suitable markers for placement along the Daniel Boone Trail to commemorate the contributions of Daniel Boone.

Resolution· HCONRESH.Con.Res. 132 (98th)referred

A concurrent resolution expressing the sense of the Congress that the continuing possibility that the provisions of the Internal Revenue Code of 1954 relating to withholding from interest and dividends will be repealed is creating, for all payors, an undue hardship within the meaning of section 308(b) of the Tax Equity and Fiscal Responsibility Act of 1982 and that the Secretary of the Treasury should exercise his authority under such section to delay the effective date of such provisions until December 31, 1983.

United States · United States Congress · 1 June 1983

Expresses the sense of the Congress that the continuing possibility that the provisions of the Internal Revenue Code relating to withholding of tax from interest and dividends will be repealed is creating, for all payors, an undue hardship within the meaning of the Tax Equity and Fiscal Responsibility Act of 1982, and that the Secretary of the Treasury should exercise his authority under such Act to delay the effective date of such provisions until December 31, 1983.