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![Official portrait of Rep. Campbell, Carroll A., Jr. [R-SC-4]](https://www.congress.gov/img/member/c000079_200.jpg)
United States · Official source
865 records where Rep. Campbell, Carroll A., Jr. [R-SC-4] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 24 January 1984
Designates the month of April 1984 as National Child Abuse Prevention Month.
United States · United States Congress · 23 January 1984
Establishes the Committee for the Implementation of Textile Agreements which, subject to specified conditions, shall supervise the implementation of all textile trade agreements. Directs the Chairman of the Committee, if the total quantity of imports of certain categories of textiles or apparel from a specified nation exceeds the minimum quota level by 20 percent or more in any calendar year, to request the U.S. Trade Representative to enter into negotiations to obtain such restrictions on such imports into the United States as may be necessary to prevent or lessen the disruption of the U.S. market. Sets the minimum quota level for certain categories of: (1) fabric of cotton or manmade fiber; (2) apparel of cotton or manmade fiber; and (3) wool articles. Directs the President to establish quotas if agreement is not reached within 90 days of entering into negotiations. Requires the Chairman of the Committee to direct the U.S. Trade Representative to enter into negotiations to further reduce import quotas if the total imports from a specific nation during any calendar year is less than 80 percent of that country's quota. Requires the Commissioner of Customs to take such actions as the Committee shall recommend to carry out textile import agreements. Terminates a specified Executive Order dealing with a Committee for the Implementation of Textile Agreements (Ex. Ord. No. 11651, March 3, 1972).
United States · United States Congress · 23 January 1984
Designates the month of June 1984 as Student Awareness of Drunk Driving Month.
United States · United States Congress · 18 November 1983
High Technology Research and Scientific Education Act of 1983 - Title I - The Credit for Increasing Research Activities; ACRS for R&D Equipment - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Makes depreciation of research equipment eligible for the R&D credit. Eliminates the special three-year accelerated cost recovery system (ACRS) category for research equipment. Increases contract research expenses eligible for R&D credit purposes to 75 percent of the amount paid to others for research on the taxpayer's behalf. Provides that in-house and contract research expenses paid or incurred by a regular corporation will constitute qualified research expenses for R&D credit purposes. Provides that in the case of research being conducted in partnership form, the "in carrying on" test is applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Title II - Promotion of University Research and Scientific Education - Establishes a new income tax credit equal to 25 percent of payments to universities for basic research which exceed a fixed, maintenance-of-effort floor. Calculates the maintenance-of-effort floor as the greater of the annual average of university basic research payments over 1982-1983 or one percent of the average annual R&D budget over 1981-1983. Treats the portion of the university basic research payments which is not in excess of the maintenance-of-effort floor as contract research expenses eligible for purposes of computing the regular incremental R&D credit. Allows corporations an income tax deduction for contributions of scientific and technical property or services to an institution of higher education. Defines scientific property to mean computer software or other equipment used in a trade or business, which is donated for the direct education of students and faculty, for research and experimentation, or for research training in the United States in mathematics, the physical or biological sciences, engineering, or computer science. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property or services. Limits the amount of such deduction to ten percent of taxable income computed without regard to specified deductions. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Specifies that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 18 November 1983
Public Charity Tax Penalty Reform Act of 1983 - Amends the Internal Revenue Code to exempt officials of public charities who serve on a volunteer or part time basis from the tax penalties for willful failure to collect and pay over tax.
United States · United States Congress · 18 November 1983
Designates the second full week in March of each year as National Employ the Older Worker Week.
United States · United States Congress · 17 November 1983
Designates March 16 of each year as Freedom of Information Day.
United States · United States Congress · 16 November 1983
Electric Consumers Protection Act of 1983 - Amends the Federal Power Act to require the Federal Energy Regulatory Commission to issue a new license to an existing licensee for a hydroelectric project authorized under such Act if the United States does not, upon the expiration of the existing license, exercise its right to take over, maintain, and operate such licensee's project, unless the Commission determines that such licensee's project will not meet the licensing standards under such Act. Provides that if the Commission determines that such licensee's project does not meet such standards, the Commission is authorized to issue a new license to a new licensee which may cover the existing licensee's project provided that the new licensee pays just compensation determined by the Commission and enters into any contracts required under the Federal Power Act. (Under current law, the Commission is authorized to issue a new license to the original licensee or a new license to a new licensee if the United States does not exercise its rights with respect to an expired license.)
United States · United States Congress · 16 November 1983
Designates March 1984 as National Eye Donor Month.
United States · United States Congress · 14 November 1983
Pays tribute to Chad Knutson and his parents for his decision to donate his organs at his death which made possible multiple transplant operations.
United States · United States Congress · 8 November 1983
Child Support Enforcement Amendments of 1983 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to revise the purposes of such part to provide that assistance in obtaining support will be available under part D to all children (whether or not eligible for aid under the Aid to Families With Dependent Children program) for whom such assistance is requested. Requires a State, under part D, to have enacted laws establishing, embodying, or requiring the use of the following procedures to increase the effectiveness of its part D program: (1) procedures for the withholding from income of support amounts; (2) procedures assuring the State will improve the enforcement of support obligations; (3) procedures to collect support from a State tax refund; (4) procedures under which liens are imposed against real and personal property for amounts of past-due support owed by an absent parent; (5) procedures for establishing a child's paternity; (6) procedures requiring an individual to give security or post a bond to secure payment of past-due support if the individual is an absent parent who has demonstrated a pattern of not making payments; (7) procedures by which information regarding the amount of past-due support owed by an absent parent residing in the State will be made available to any consumer credit bureau organization upon the request of such organization, subject to certain conditions; and (8) procedures under which support payments will be made under part D through the State agency administering the State's income withholding system at the request of either parent, even though no arrearages are involved. Sets forth the procedures (referred to in clause one above) for the withholding from income of support payments. Provides that under such procedures: (1) amounts withheld must comply with the support order; (2) withholding must be initiated without application in the case of a child who is already receiving services under part D, and will be initiated with an application in the case of any other child; (3) withholding must be carried out in full compliance with all procedural due process requirements and must begin as soon as feasible; (4) withholding must be administered by a public agency (or a publicly accountable agency) designated by the State, and amounts withheld must be expeditiously distributed; (5) the State must provide advance notice to each individual who will have payments withheld and information as to how to contest the withholding; (6) State law must give priority to support collection over any other legal process against the same wages; (7) there will be withholding from all forms of income; (8) provisions must be made for terminating withholding; and (9) arrangements will be made with other States providing for reciprocal withholding. Requires, in addition, under such procedures that: (1) an employer withhold ordered payments (which shall include a fee to be paid to the employer) when provided with written notice; (2) an employer be held liable to the State for failure to withhold; and (3) a fine be imposed on any employer who refuses to employ or takes disciplinary action against any individual subject to wage withholding because of the existence of the withholding and additional obligations imposed on the employer. Requires a State's laws to require withholding whenever arrearages occur, even if an application for services under part D is not filed. Provides exemptions from the requirements of this paragraph, subject to the Secretary of Health and Human Services' continuing review, for States demonstrating that the enactment of any of this paragraph's requirements will not improve the State's support enforcement program. Authorizes a State to use the funds available under part D for automated management systems to facilitate the development and improvement of income withholding procedures. Requires a State, whenever a family for whom support payments have been collected and distributed under part D ceases to receive assistance under part A (Aid to Families With Dependent Children) of title IV, to: (1) continue collecting support for up to three months; and (2) continue collection and payment to the family (without requiring reapplication) at the end of the three-month period on the same basis as in the case of individuals not receiving assistance under part A. Repeals the current 12 percent incentive payment which is based on collections made on behalf of AFDC families. Provides, under the new incentive payment provisions, that the basis incentive payment will be four percent of the State's AFDC collections plus four percent of the State's non-AFDC collections. Provides that to the extent that AFDC or non-AFDC collections exceed the State's combined AFDC and non-AFDC administrative costs, higher incentives will be paid on a graduated scale of up to ten percent of AFDC and ten percent of non-AFDC collections. Provides that the amount of incentive payments to be made to a State for any fiscal year shall be estimated by the Secretary before the beginning of such year and that the Secretary shall make such payments for such year on a quarterly basis, with the payments being reduced or increased to compensate for any prior overpayments or underpayments. Authorizes the Secretary to make grants, in order to encourage and promote the development and use of more effective methods of enforcing support obligations under part D in cases where either the children on whose behalf the support is sought or their absent parents do not reside in the State where such cases are filed, to States proposing to undertake new or innovative methods of support collection in such cases. Authorizes appropriations for such grants. Requires: (1) review of a State's part D program at least once every three years; and (2) the operation by a State of a child support program (under part A) which is substantial compliance with the State's part D plan. Replaces current penalty provisions under part A with graduated penalties of two, three, and five percent in cases where a State's part D program does not meet applicable requirements. Amends part A (General Provisions) of title XI of the Social Security Act to require any demonstration project undertaken which assists in promoting the objectives of part D of title IV to: (1) be designed to improve the financial well-being of children, and prohibit modifications in the child support program which would have the effect of disadvantaging children in need of support; and (2) not result in increased costs to the Federal Government under part A of title IV. Provides, under part D, that amounts collected by a State as child support on behalf of a child for whom a public agency is making foster care maintenance payments under part E (Foster Care and Adoption Assistance) of title IV: (1) shall be retained by the State to the extent necessary to reimburse it for foster care maintenance payments made; (2) shall be paid to the public agency responsible for supervising the placement of a child to the extent that amounts collected exceed foster care maintenance payments made with respect to the child but not amounts required by a court order to be paid on behalf of the child; and (3) shall be retained by the State if any portion of the amounts collected remains after making the payments required above, to the extent that such portion is necessary to reimburse the State for any foster care maintenance payments made for a child. Requires any balance to be paid to the State agency responsible for supervising child care placement. Requires a State, under part E, where appropriate, to take all steps to secure an assignment to the State of any rights to support on behalf of each child receiving foster care maintenance payments. Requires collection by a State of spousal support under part D. (Current law permits such collection.) Requires the Secretary's annual report under part D to include the payment status of all active child support cases in each State, with specific information concerning: (1) interstate cases; and (2) the number of cases in certain defined categories. Requires a State, under part D, to regularly publicize the availability of child support enforcement services, including a telephone number or address where further information can be obtained. Requires a State, as a condition of eligibility for Federal payments under part A or D of title IV, to establish a State Commission on Child Support to examine, investigate, and study the operation of the State's child support system so as to determine the extent to which the system has been successful in securing support and parental involvement for both AFDC and non-AFDC children. Requires a report from the Commission. Permits waivers of the requirement for a Commission in a State if the State already has its own commission, which is making satisfactory progress towards effective child support enforcement, or has in effect objective standards for child support obligations. Directs the Secretary to approve a request from the State of Wisconsin to waive any requirement of part A or D of title IV so as to permit modifications of such State's programs under parts A and D in order to enable such State to make an adequate test of its Child Support Initiative, provided certain conditions are met.
United States · United States Congress · 8 November 1983
Public Assistance Amendments of 1983 - Part B - Amends part A (General Provisions) of title XI of the Social Security Act to authorize any State having an approval plan under part A (Aid to Families with Dependent Children) of title IV of such Act to establish and conduct one or more pilot projects to demonstrate the use of integrated service delivery systems for human services programs in the State. Requires the integration of service delivery systems for human services programs in any State under a pilot project to include: (1) the development of a common set of terms; (2) the development for each applicant of a single comprehensive family profile; (3) the establishment of a single resources directory; (4) the development of a unified budget; (5) the implementation of unified planning; (6) the consolidation of agency locations; (7) the standardization of purchasing procedures; (8) the creation of communications linkages among agencies; (9) the development of uniform application procedures; and (10) any other procedures determined desirable by the Secretary. Requires a State interested in such a project to apply to the Secretary of Health and Human Services within six months of enactment. Directs the Secretary to: (1) approve between three and five projects (including at least one project which will be operated on a statewide basis); and (2) pay to each State with an approved project 90 percent of the State's costs during the projects first 18 months, 80 percent in the following 12-month period, and 70 percent for the next 12-month period. Defines "human services program" to include AFDC, title XVI (Supplemental Security Income) of the Social Security Act, the Federal food stamp program, and any other Federal or federally assisted program (other than a program under the Rehabilitation Act of 1973) which provides assistance based on need or income or which is designed to help in an emergency or a crisis. Requires reports from participating States. Directs the Secretary to report to Congress. Directs the Comptroller General to evaluate the effectiveness of the projects and report the results to Congress. Authorizes appropriations. Directs the Secretary to publish regulations under which any State which is currently participating in the AFDC program, the Medicaid program (title XIX of the Social Security Act), and the food stamp program and which desires to conduct a demonstration project designed to demonstrate the use in the AFDC program of rules, procedures, and specifications which are the same as those in either or both of the other two programs may apply to the Secretary to conduct such a project. Directs the Secretary to approve no more than five of the applications. Provides that a project shall be conducted for no longer than three years, except that the Secretary may approve a two-year extension. Authorizes a State conducting a demonstration project to develop for the three programs: (1) a common set of terms and definitions; (2) uniform application and eligibility determination procedures; (3) a unified budgeting process; (4) a single-family case file; and (5) a common administrative structure. Provides that expenses incurred in carrying out a demonstration project shall be considered to be expenditures either as AFDC payments under an approved State plan or for the administration of such plan. Requires reports from participating States to the Secretary and the submission of the final report to Congress along with the Secretary's findings and recommendations. Exempts under the AFDC program a women who is pregnant from registering for work training and employment if her child is expected to be born within three months. Authorizes a State to take into account changes in family composition, income, resources, and other circumstances which increase the financial need of a family when determining the eligibility of an AFDC family which has received a nonrecurring lump sum of income. Provides for the direct reimbursement of AFDC recipients for transportation and day care costs attributable to participation in community work experience programs, to the extent that the State is unable to provide such services. Excludes from an AFDC family's resources burial plots, funeral agreements, and real property which the family is making a good-faith effort to sell. Waives the requirement imposed on a State to seek recovery of an AFDC overpayment made to a former AFDC recipient, if recovery costs would equal or exceed the amount of the overpayment. Permits a State to make AFDC protective payments for a child in cases where an applicant, recipient, or relative refuses to cooperate with the State in seeking employment, assigning other support rights to the State, determining paternity, and obtaining support payments. (Under current law, a State is required to make AFDC protective payments for a child in such cases.) Makes ineligible for AFDC for three years any alien whose sponsor was a public or private agency, unless the State determines that the sponsor no longer exists or cannot meet such individual's needs. Revises the formula for determining the maximum number of hours per month of work required in a community work experience program. Permits disclosure of information concerning AFDC applicants and recipients to a law enforcement officer, if the officer demonstrates that the information is necessary to apprehend a fugitive felon. Establishes the payment schedule for the reimbursement of certain back claims due the States for expenditures under certain Social Security Act provisions.
United States · United States Congress · 3 November 1983
Amends the Internal Revenue Code to allow individuals an income tax credit for 50 percent of the cost of preparing any individual income tax return. Limits the amount of such credit to $15.
United States · United States Congress · 2 November 1983
Retirement Equity Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to lower from age 25 to age 21 the age limitation for minimum participation and vesting standards for pension plans. Prohibits certain defined benefit plans from requiring, as a condition for plan participation, that employees complete period of service extending beyond the earlier of age 25 or the vesting expectation date. Lowers from age 22 to age 18 the age limitation for the computation of periods of service. States that years of service may be disregarded when computing periods of service for participation or vesting purposes if breaks in service during such a period amounted to five or more one-year breaks. Treats breaks in service due to pregnancy, birth, or adoption of a child as completed hours of service according to a specified formula. Accords such treatment only in the year of the pregnancy, birth or adoption, and only to participants who would incur a one-year break in service without such treatment. Requires pension plans which provide life annuity benefits to pay such benefits in the form of a qualified joint and survivor annuity. Requires that each pension plan participant have the option of electing, waiving, or revoking the joint and survivor annuity form of benefit. Conditions the efficacy of such election upon: (1) the written consent of a participant's spouse; (2) a written acknowledgement by a participant's spouse of the effect of such election; and (3) an official witnessing of such spousal consent by a plan representative or notary public. Limits such consent to the signatory spouse. Requires pension plans to furnish participants with written explanations of the terms and rights of election regarding joint and survivor annuities. Prohibits joint and survivor annuity payments from being less than the actuarial equivalent of payments made if the annuitant had lived to the earliest date of retirement or had separated from service on the date of death. Requires the surviving spouse's consent for any distribution of nonforfeitable benefits exceeding $3,500. Requires such benefits to be paid according to the surviving spouse's written requests. States that plans subject to funding requirements must provide benefits payable in the form of an annuity. Exempts qualified domestic relations orders from the Act's proscriptions against alienation and assignment of pension plan benefits. Sets procedural guidelines for the payment of such benefits to an alternate payee under such orders. Prohibits alternative payees from receiving any portion of any increase in a participant's accrued benefits if such increases occur after payments to such payees have begun. Declares that alternate payees under domestic relations orders are not considered to be, by virtue of such orders, participants or beneficiaries under the pension plan. Increases from $1,750 to $3,500 the allowable mandatory distribution from a retirement plan. Requires notification to participants that certain benefits may be forfeitable if the participant dies before a certain date. Sets December 31, 1984 as the effective date of this Act for existing plans. Provides transitional dates and certain effective dates for plans maintained under collective bargaining agreements.
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 · 25 October 1983
Amends the Internal Revenue Code to exempt from Federal income taxes members of the armed forces of the United States who die as a result of hostile action outside the United States.
United States · United States Congress · 25 October 1983
Designates the United States Post Office and Courthouse Building in Greensboro, North Carolina, as the L. Richardson Preyer Federal Building.
United States · United States Congress · 21 October 1983
Authorizes the President to present, on behalf of Congress, a gold medal to Lady Bird Johnson in recognition of her humanitarian efforts and contributions to the beautification of America. Directs the Secretary of the Treasury to provide for the striking of such medal and bronze duplicates for sale to the public. Declares such medals to be national medals. Authorizes appropriations.
United States · United States Congress · 20 October 1983
Amends the Internal Revenue Code to allow individual retirement accounts, qualified retirement trusts and certain educational organizations to invest in working interests in domestic oil and gas properties without incurring unrelated business taxable income.
United States · United States Congress · 20 October 1983
Designates December 7, 1984, as National Pearl Harbor Remembrance Day.
United States · United States Congress · 19 October 1983
Designates July 20, 1984, as National P.O.W./M.I.A. Recognition Day.
United States · United States Congress · 6 October 1983
Employee Stock Option Revision Act - Title I - Provides that all amendments made by this Act shall be considered as amendments to the Internal Revenue Code. Title II - Amends the Internal Revenue Code to allow an income tax deferral in the case of a transfer to an individual of stock in a corporation pursuant to an employee stock option, if both the corporation and the individual elect. Allows such a deferral until such time as a disposition of such stock occurs.
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
Designates the week beginning November 6, 1983, as Florence Crittenton Mission Week.
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.
United States · United States Congress · 4 October 1983
Alternative Energy Tax Incentives Act of 1983 - Amends the Internal Revenue Code to extend the residential energy income tax credit for renewable energy sources for five years from 1985 to 1990. Reduces the qualifying percentage for energy source expenditures by specified increments between 1985 and 1990. Increases from 15 percent to 20 percent the investment tax credit for solar, wind, geothermal, and ocean thermal property. Extends such tax credit for five years from 1985 to 1990. Extends the investment tax credit for hydroelectric generating property and biomass property for five years from 1985 to 1990. Reestablishes the credit for cogeneration property until 1990. Qualifies until 1995 affirmative commitments for solar, wind, geothermal, ocean thermal, biomass, and cogeneration projects begun by December 31, 1990. Eliminates the 20 percent limitation for oil and natural gas used in cogeneration facilities. Qualifies as biomass property methane- containing gas produced by anaerobic digestion from nonfossil waste materials. Revises the definition of geothermal deposit to lower the required temperature to 104 degrees Fahrenheit (from 122 degrees Fahrenheit). Includes shale oil property and tar sands equipment as energy property for purposes of the investment tax credit.
United States · United States Congress · 4 October 1983
Amends the Tariff Schedules of the United States to impose a duty on tourist literature relating to Canada.
United States · United States Congress · 29 September 1983
Expresses the sense of the Congress that the People's Republic of China should take steps to establish a more democratic society which would be more protective of human rights.
United States · United States Congress · 28 September 1983
Declares that the President shall convene a domestic economic summit conference to address the economic situation created by projected large deficits. Requires that such conference convene within 45 days to develop and report to Congress a comprehensive plan to reduce the projected deficits in the United States budget.
United States · United States Congress · 27 September 1983
Names the principal visitor center at the Congaree Swamp National Monument in South Carolina the Harry R.E. Hampton Visitor Center.
United States · United States Congress · 27 September 1983
Federal Supplemental Compensation Act Amendments of 1983 - Amends the Federal Supplemental Compensation Act of 1982 to extend the payment of benefits under the Federal supplemental unemployment compensation program for 18 months, through March 31, 1985. Revises provisions for the number of weeks for which such compensation is payable. Provides that the amount established in an individual account, beginning after September 30, 1983, shall be the equal of the lesser of: (1) 50 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the benefit year (as determined under State law) on the basis of which the individual received regular compensation; or (2) specified applicable limits (during certain State unemployment periods) times the individual's average weekly benefit for the benefit year. Provides for the following applicable limits on weeks of such benefits: (1) ten weeks in States with an insured unemployment rate (IUR) of five percent or greater (a "five- percent period"); (2) eight weeks for an IUR between four and five percent (a "four-percent period"); and (3) six weeks for an IUR less than four percent (a "low-unemployment period"). Directs the Secretary of Labor to require modification of agreements with States under such Act to conform with the amendments made by this Act within a specified period.
United States · United States Congress · 27 September 1983
Designates March 6, 1984, as Frozen Food Day.
United States · United States Congress · 22 September 1983
Amends the Internal Revenue Code to prohibit the Internal Revenue Service from issuing regulations requiring barter exchanges to submit information on an individual transaction basis.
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.
United States · United States Congress · 20 September 1983
Single-Employer Pension Plan Amendments Act of 1983 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to add the following new terms and definitions: (1) contributing sponsor; (2) control groups; (3) single-employer plan; (4) composite single-employer plan; (5) amount of unfunded guaranteed benefits; and (6) amount of unfunded nonforfeitable benefits. Increases from $2.60 to $6.00 the annual premium rate payable to the Pension Benefit Guaranty Corporation by single-employer plans for plan years beginning after December 31, 1982. Authorizes the Corporation to establish annual premiums in accordance with revised rate bases. Amends the Act to require congressional approval of revised premium schedules by a joint resolution (currently a concurrent resolution is required.) Directs the Congressional Research Service of the Library of Congress to study the premiums established under the single-employer pension plan termination insurance program set forth in Title IV of ERISA. Requires submission of a report and recommendations to the Congress within two years. Authorizes appropriations. Prescribes procedural guidelines for the termination of single-employer plans by plan administrators. Requires a plan administrator to warn plans maintained under collective bargaining agreements that a notice of intent to terminate within a specified time will be filed with the Corporation. Grants the employee organization representing plan participants the right to object to such termination. Prohibits the plan administrator from filing a notice of intent to terminate if such employee organization files a written objection to the proposed termination within a specified period. Voids any notice of intent to terminate which violates these prescriptions. Prescribes procedures under which single-employer plans may terminate under a standard termination. Imposes upon standard terminations the same prior notice requirement that is placed upon plans maintained under collective bargaining agreements. Requires the plan administrator to include with the notice-of-intent-to-terminate a statement of the current values of: (1) plan assets; (2) nonforfeitable benefits; (3) accrued benefits; and (4) the actuarial assumptions and techniques used in determining the values of such assets and benefits. Sets benefit accrual guidelines for services performed after the termination date. Requires contributing sponsors (or members of their controlled groups) to contribute additional amounts necessary to pay all the benefits due for the appropriate plan year if a plan has insufficient assets on the standard termination date to pay such benefits. Allows the closing out of a single-employer plan in a standard termination if the plan has enough assets to pay all the benefits to which participants would have been entitled had they separated from service on a certain distribution date. Requires the plan administrator to send notice of the final distribution date to the Corporation, each plan participant, and each employee organization representing plan participants. Requires such notification to include certification by an enrolled actuary of the plan asset amounts, and of the present value of nonforfeitable plan benefits. Requires the final distribution of plan assets to fully satisfy the payment of all outstanding benefits. Limits the cessation of benefit accruals to standard termination cases only. Considers failure to satisfy the requirements of the minimum funding standards to be a failure on the part of each contributing sponsor (and each member of such sponsor's controlled group) to meet an outstanding obligation. Prescribes procedures for the termination of single-employer plans under a "distress termination." Requires notification of the intent to terminate under distress. Conditions the validity of such termination upon: (1) an indication in the benefit plan that all contributing sponsors (and each member of such sponsors' controlled groups) have assumed termination trust obligations; and (2) receipt of notice by the plan administrator that the Corporation has made specified determinations. Requires all plans maintained by contributing sponsors or by substantial members of such sponsors' controlled groups to have been granted funding waivers by the Internal Revenue Service for three of the five plan years preceding the termination, including the most recently completed plan year. Requires the contributing sponsors and each substantial member of their controlled groups to have filed a liquidation petition (under either State or Federal law) which has not been dismissed or converted under the Federal bankruptcy code. Requires the contributing sponsor to present substantial evidence to the Corporation that unless a distress termination is granted, such sponsor and each substantial member of the sponsor's controlled groups will be unable to pay outstanding debts and continue in business. Requires the plans maintained by the contributing sponsor and each substantial member of the sponsor's controlled group to show that the ratios of required pension contributions to gross income and to total annualized wages have doubled within a certain period. Defines a "substantial member" of a controlled group as a person whose assets comprise five percent or more of such group's total assets. Subjects the effectiveness of distress terminations to the condition that the Corporation be satisfied it will receive from the appropriate liable employers the outstanding amounts in an acceptable form. Requires the Corporation to: (1) determine by a specified time whether the plan's assets are sufficient to discharge all basic benefit obligations when they fall due; and (2) to notify the plan administrator of its findings. Precludes any service performed after the distress termination date from being taken into account for any benefit plan purposes. Voids any distress termination based solely upon the filing of a liquidation petition if the case was either dismissed or converted to a case under the reorganization provisions of Federal bankruptcy law. Requires the Corporation to institute court proceedings to terminate a single-employer plan if it finds that the plan is either unable to pay benefits when due, or has been abandoned. Establishes a termination trust for single- employer plans terminated under a distress termination. Requires contributing sponsors of such plans (and members of their controlled group) to fund such trusts with annual contributions. Prescribes procedure for the payment from the trust to eligible benefit plan participants. Includes termination trusts within the ERISA definition of "employee welfare benefit plan." Authorizes a plan administrator to restore terminated single-employer plans to pretermination status, under procedures prescribed by the Corporation. Imposes primary liability upon persons who are contributing sponsors (or members of such sponsor's controlled group) upon the termination date of a plan terminated by either the plan administrator or by the Corporation. Imposes joint and several liability upon persons who were under common control upon such termination date. Establishes liability to the Corporation for the amount of: (1) unfunded guaranteed benefits under the plan as of the termination date; (2) total unpaid contributions due as of the termination date (including contributions for which waivers were granted); and (3) unpaid contributions which would have been due but for the filing of a bankruptcy petition under Federal or State bankruptcy laws. Sets formulae for the computation and payment of such liability. Makes contributing sponsors and members of their controlled group liable for annual contributions to a plan's termination trust. Imposes contingent liability upon a formerly obligated contributing sponsor (or controlled group member) if a single-employer plan to which obligations were transferred is itself terminated. Imposes joint and several liability upon formerly obligated persons for five years. Extends the period of contingent liability to ten years upon bankruptcy, liquidation, receivership, or an assignment for the benefit of creditors. Imposes contingent liability upon: (1) formerly obligated sponsors, if one single-employer plan is transferred to another; (2) each member of a formerly contributing sponsor's controlled group, if such sponsor has stopped contributing; (3) the departing member of a controlled group, if any other member in such controlled group is a contributing sponsor; and (4) each remaining controlled group member for the benefit obligations of a departing contributing sponsor. Specifies exemptions to contingent liability. Authorizes the Corporation to prescribe regulations imposing similar contingent liability on composite single-employer plans. Provides guidelines for the amount and payment of contingent liability. Authorizes the amortization of contingent liability payments for a maximum of fifteen years. States that persons who are secondarily liable are also liable for the annual termination trust contributions. Provides for recourse of contingently liable persons against other liable persons. Sets guidelines under which: (1) contingent liability may be reduced; and (2) exemptions from contingent liability may be granted. Exempts from contingent liability persons who remain primarily liable. Authorizes the Corporation to waive or grant variances for liability upon a determination that its interests are adequately protected. Directs the Corporation to consolidate all civil actions involving any one single-employer plan termination in a single Federal court. Creates a lien in favor of an affected single-employer plan if the Internal Revenue Service grants a waiver of the plan's minimum funding standards. Provides guidelines for the satisfaction of such lien. Authorizes the Corporation to bring a civil action to: (1) enjoin violations; (2) obtain equitable relief; or (3) enforce termination provisions. Authorizes specified interested parties who are adversely affected by a violation of the plan termination provisions to bring a civil action for: (1) enjoinment; (2) redress; (3) enforcement; or (4) other equitable relief. Makes a single-employer plan amenable to suit as an entity. Grants Federal district courts exclusive jurisdiction over such civil actions, without regard to the amount in controversy, or the citizenship of the parties. Authorizes the court to award attorney's fees to the prevailing party. Treats corporate reorganizations designed to evade or avoid pension plan liability as though the reorganized corporate entity were the same as the entity to which this Act originally applied. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to conform to title I of this Act. Allows a deduction from gross income for payments of contingent liabilities in connection with terminated plans. Makes termination trusts tax-exempt organizations.
United States · United States Congress · 13 September 1983
Designates the week beginning February 12, 1984, as a time to recognize the contributions of volunteers who become Big Brothers and Big Sisters to single parent youths.
United States · United States Congress · 12 September 1983
Designates the week of September 25 through October 1, 1983, as National Rehabilitation Facilities Week.
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.
United States · United States Congress · 4 August 1983
Amends the Federal criminal code to provide a mandatory additional prison term of five years for any person who carries or uses, during a commission of a felony, armor-piercing bullets. Requires the court to not suspend any sentence, grant probation or parole, or impose concurrent sentences.
United States · United States Congress · 4 August 1983
Grants a Federal charter to the organization known as the American Gold Star Mothers, Incorporated.
United States · United States Congress · 4 August 1983
Amends the Internal Revenue Code to provide that for calendar years 1985 through 1990 the cost-of-living adjustment for the individual income tax rates and the personal tax exemption shall take into account only inflation in excess of two percent per year. Provides a similar limitation on cost-of-living adjustments to benefits for the following programs for FY 1985 through 1990: (1) old age, survivors and disability benefits; (2) armed service retirement and retainer pay; (3) retired pay and retainer pay of members and former members of the Coast Guard; (4) retired pay of commissioned officers of the National Oceanic and Atmospheric Administration or the Public Health Service; (5) civil service retirement benefits; (6) foreign service retirement benefits; (7) Central Intelligence Agency retirement benefits; (8) Federal workers' compensation; and (9) benefits under the Railroad Retirement Act of 1974.
United States · United States Congress · 4 August 1983
Amends the Internal Revenue Code to provide for the reporting of tips by large food or beverage establishments in lieu of allocation requirements if reported tips do not equal eight percent of gross receipts. Allows for a reduction of such percentage under certain circumstances.
United States · United States Congress · 4 August 1983
Designates the week of December 11-17, 1983, as National Drunk and Drugged Driving Awareness Week.
United States · United States Congress · 3 August 1983
Interstate Compact - Grants congressional approval to the Southeast Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation among the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia in the management of low-level radioactive waste on a continuing basis.
United States · United States Congress · 2 August 1983
Designates the week of November 27 through December 3, 1983, as National Entomology Week.
United States · United States Congress · 29 July 1983
Hunters' Protection Act of 1983 - Amends the Federal criminal code to make it a Federal offense to obstruct or impede the participation of any person in a lawful hunt or hunting season. Provides for a fine of not more than $500 and/or imprisonment for not longer than 60 days or if violence or the destruction of property occurs a fine of not more than $5,000 and/or imprisonment for not more than five years.
United States · United States Congress · 29 July 1983
Grants anyone lawfully possessing a firearm in one's residence the right to possess that firearm anywhere in the United States.
United States · United States Congress · 29 July 1983
Authorizes the President to proclaim March 1984, National Social Work Month.
United States · United States Congress · 29 July 1983
Designates March 23, 1984, as National Energy Education Day.
United States · United States Congress · 28 July 1983
Amends the Department of Defense Appropriation Act, 1983 to repeal the Boland Amendment, which is the prohibition against using the funds provided in such Act to furnish military aid for the purpose of overthrowing the Government of Nicaragua or to provoke a military exchange between Nicaragua and Honduras.