United States · United States Congress · 13 July 1983
Women's Economic Parity Act of 1983 - Title I: Equitable Treatment of Spouses Under Private Pension Plans - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require that a retirement plan that provides an annuity to a participant with at least ten years of creditable service shall provide a survivor's annuity for the spouse of a participant who dies before the annuity starting date in an amount not less than the amount that would have been made under the survivor's annuity if the participant had survived and retired on such annuity date. Provides that a participant's election not to take a joint and survivor's annuity shall not be effective unless the spouse of the participant consents in writing to such an election. Requires a retirement plan to treat an individual who was the spouse of the participant on the annuity starting date, and who survives the participant, as if such individual were the participant's spouse on the date of death, whether or not divorced after the annuity starting date. Subjects benefit payments to specified domestic relations orders and establishes procedural guidelines under which a plan administrator pays the alternate payee according to the terms of such domestic relations order. Provides the alternate payee named in such order with a right of action for the failure to comply with the requirements of the statutory guidelines. Specifies circumstances under which an alternate payee will be considered a participant or beneficiary under a retirement plan. Amends ERISA to lower the age limitation for participation in a qualified retirement plan from age 25 to age 21. Amends ERISA and the Internal Revenue Code to provide for accruals of creditable service to continue while an individual is on approved maternity leave at the rate of 20 hours service for each week of approved leave. Title II: Tax Provisions - Amends the Internal Revenue Code to repeal the earned income limitations placed on individual deductions for retirement savings (including those for married and for divorced individuals). Includes displaced homemakers as a targeted group for purposes of the targeted jobs tax credit. Defines "displaced homemaker" as a person who: (1) has not worked, except in the home, for a substantial number of years; and (2) has been dependent on public assistance or on the income of a family member but is no longer supported by that income. Exempts displaced homemakers from the termination provisions relating to tax credits earned by employers who hire members of a targeted group designated under the Internal Revenue Code. Deems the performance of substantial volunteer services by a spouse as gainful employment for the tax credit for household and dependent care expenses.
United States · United States Congress · 30 June 1983
Victims of Crime Act of 1983 - Title I: Crime Victim Compensation - Directs the Attorney General to make grants to qualified state programs for the compensation of victims of crimes. Provides that such grants shall total: (1) 50 percent of allowable compensation paid to victims of State crimes designated by the State to be appropriate for compensation; and (2) 100 percent of allowable compensation to victims of crimes which would constitute designated crimes but are subject to exclusive Federal jurisdiction. Specifies criteria for a State plan to qualify for grants, including that the program: (1) offer compensation for medical expenses and loss of wages; (2) condition compensation on cooperation with law enforcement officials; and (3) deny or reduce recovery where the claimant contributed to the injury. Title II: Crime Victim Assistance - Allows the Attorney General to make grants to the chief executive of each State for the financial support of crime assistance programs. States that such program must provide crisis intervention and mental health counseling services to victims and their families. Title III: Crime Victims Fund - Establishes within the U.S. Treasury the Crime Victims Fund. Provides that the Fund shall consist of: (1) fines collected in Federal criminal cases; (2) proceeds of all forfeitures in Federal criminal cases; and (3) taxes imposed on pistols and revolvers. Title IV: Changes in Criminal Fine Levels and Related Matters - Amends the Federal criminal code to establish alternative, increased fines for any person convicted of a Federal offense. Requires the Federal courts to impose a penalty assessment on all persons convicted of Federal offenses. Title V: Effective Dates - Establishes effective dates.
United States · United States Congress · 30 June 1983
Fair Housing Amendments Act of 1983 - Enacts into law the short titles "Civil Rights Act of 1968" and "Fair Housing Act". Amends the Fair Housing Act to expand the definition of "discriminatory housing practice" to include any violation under such Act (thus codifying case law which holds that the obligation of Federal agencies to administer programs affirmatively to further the purposes of fair housing and the prohibition against interference with rights under the Act are separately actionable). Adds new definitions of "handicap", "aggrieved person", and "familial status". Excludes from the meaning of "handicap" any impairment consisting of alcohol or drug abuse which would be a direct threat to the property or safety of others. Defines "familial status" as one or more minors being domiciled with their parent or guardian. Retains the two current exemptions from the prohibition against the discriminatory sale or rental of housing which are given to: (1) an owner of three or fewer single-family houses; and (2) the owner of a dwelling consisting of four or fewer family units who also resides in such dwelling (the "Mrs. Murphy" exemption). Makes it unlawful to: (1) refuse to sell or rent to a handicapped person unless such handicap would prevent a prospective occupant from conforming to specified non-discrimination rules and practices; and (2) discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Includes within such discrimination a refusal to: (1) permit reasonable modifications to permit access to the premises (but only if a renter agrees to restore the premises to their original condition); and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons equal enjoyment of the premises. States that such discrimination shall not include a refusal to: (1) make alterations at the expense of sellers, landlords, owners, or persons acting on their behalf; (2) make modifications which would unreasonably inconvenience others; and (3) allow architectural modifications which materially decrease the value of a building or alter its intended use. Prohibits discrimination against families with children. Makes it unlawful for an insurer to discriminate in the provision or terms of insurance against hazards to a dwelling because of the race, color, religion, sex, handicap, national origin or familial status of persons owning or residing in or near the dwelling. Adds handicapped persons as a protected class under other existing prohibitions on discriminatory activities. Modifies the housing financing discrimination provision to prescribe all conduct which denies or "otherwise makes unavailable" financial assistance because of race, color, religion, handicap, national origin or familial status. Includes within such prohibition persons in the business of selling, brokering, or appraising real property. States that nothing in this Act is to be construed to defeat any reasonable local, State or Federal restrictions on the maximum number of persons permitted to occupy a dwelling unit. Provides that familial status does not apply to any State or Federal programs aimed at assisting elderly persons. Establishes the Fair Housing Review Commission, composed of three members appointed by the President for staggered six year terms. Stipulates that no more than two members may be of the same political party. Directs the Commission to: (1) appoint administrative law judges and other employees as necessary to carry out its functions (2) promulgate a code of ethics to assure the independence of such judges; (3) promulgate rules of discovery for its proceedings consistent insofar as practicable with the Federal Rules of Civil Procedure; and (4) consider appeals from the proposed orders of the administrative law judges upon application of a party. Includes Federal agencies having regulatory authority over financial institutions within the executive departments and agencies which are currently required to administer their housing programs in an affirmative manner. Authorizes the Department of Housing and Urban Development to provide financial as well as technical assistance to public and private organizations seeking to remedy housing discrimination. Establishes a new administrative enforcement procedure within the Department of Housing and Urban Development in addition to the current enforcement provisions of title VIII (allowing civil actions by private parties and the Attorney General). Directs the Secretary to make an investigation of all alleged discriminatory housing practice on his or her own initiative or upon the filing of a charge by an aggrieved person within one year of the alleged discrimination. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary, if the aggrieved person and respondent consent to binding arbitration, to refer the charge to an arbitrator made available by the Community Relations Service of the Department of Justice. Continues the current authority of the Secretary to utilize discovery measures. Retains the current penalty for failing to produce information (up to a $1,000 fine and/or one year's imprisonment). Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies, with respect to the rights and remedies provided by such agencies, the elements of "substantial equivalency" which permit certification and referrals of discrimination charges. Eliminates the Secretary's authority to recall referrals in the interest of justice or to protect the rights of the parties. Prohibits further action by the Secretary unless the agency fails to act in a timely fashion (current law gives the agency 30 days to commence proceedings). Requires the Secretary and other Federal agencies to cooperate to avoid duplication of their housing discrimination authority. Authorizes the Secretary to enter into agreements to permit other agencies to carry out such responsibilities within their jurisdictions. Directs the Secretary to enter into agreements with specified Federal agencies for such purpose with respect to depository institutions. Permits an action for temporary or preliminary relief to be brought on behalf of the Secretary in accordance with rule 65 of the Federal Rules of Civil Procedure when the Secretary establishes that voluntary compliance is unobtainable and prompt judicial action is necessary. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use controls, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits the administrative law judge to award appropriate relief and a civil penalty of up to $10,000. Permits the filing of a petition for judicial review of a final order in an appropriate court of appeals within 60 days after entry of such order. Provides that the findings of fact shall be conclusive if supported by substantial evidence in the record considered as a whole. Authorizes the administrative law judge to assess civil penalties for noncompliance with a final administrative order. Makes certain revisions in the private right of action for aggrieved persons under the Fair Housing Act. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Permits the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the current provision permitting the appointment of counsel. Removes the existing $1,000 limit on punitive damages for willful violations. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to title VIII rights has occurred. Permits the intervention of aggrieved persons in such actions. Permits the award of costs, including reasonable attorney's fees, to prevailing parties in court and administrative proceedings (current law permits an award of attorney's fees only to prevailing parties who are financially unable to assume them). Authorizes appropriations for this Act, effective October 1, 1983.
United States · United States Congress · 23 June 1983
National Acid Deposition Control Act of 1983 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control. Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980. Directs the Administrator of the Environmental Protection Agency to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions; (3) notify the owner or operator of each of the 50 plants listed; and (4) within four months after such enactment, and after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules. Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fuel fired electric utility generating plant concerned; and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases. Sets forth requirements for State plans for additional emission reductions of sulfur dioxide. Directs the Administrator, within four months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 10,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980. Sets forth a formula for computation of State shares. Permits the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment. Sets deadlines and procedures for submission and approval of State plans for such State shares. Directs the Administrator to promulgate a State plan on January 1, 1988, if no State plan has been: (1) submitted by June 1, 1985; or (2) approved by January 1, 1988. Requires State plans for State shares to provide for emission limitations applicable to any stationary sources in the State for which the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the calendar year 1980, other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions. Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share, with specified credits for States in which any of the 50 listed plants are located. Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements. Directs the Administrator, from the Acid Deposition Control Fund (established within this Act), to pay for 90 percent of the costs of the construction and installation at an electric utility generating plant of any technological system of continuous emission reduction necessary to comply with requirements under a State plan for a State share of sulfur dioxide emission reductions. Subjects such payments to regulations relating to reduction of increases in utility rates. Establishes a trust fund in the Treasury of the United States to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act. Directs the Administrator to make payments from the fund first to facilities covered by direct federally mandated emission reductions and then to facilities covered by State share plan requirements. Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary. Imposes, under regulations promulgated by the Administrator, a fee of one mill for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States. Exempts from such fee electric energy: (1) used at the electric generating facility concerned; or (2) generated by a nuclear generating facility. Makes such fee effective with respect to electric energy generated, or imported, after December 31, 1984. Makes the fee cease to apply on the earlier of: (1) December 31, 1995; or (2) the date on which all payments required under this Act have been made. Authorizes the Administrator to terminate the fee at an earlier date upon estimation that sufficient funds have been collected to fund all such required payments. Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth the time and manner required for payment of such fee and related reporting requirements. Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for electric utilities (or importers of electric energy) which knowingly commit such violations. Makes conforming amendments. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bituminous or subbituminous coal and which commence construction after the enactment of this Act. Prohibits the emission of nitrogen oxides from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal. Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour.
United States · United States Congress · 22 June 1983
Establishes the Commission on Capital Markets to evaluate the regulation of financial intermediaries by the Federal and State governments and the functioning of such intermediaries in the accumulation and allocation of capital within the United States economy. Sets forth the information to be included in such evaluation. Requires the Commission, within nine months after the initial meeting, to submit to Congress a report on the results of its evaluation. Terminates the Commission ninety days after the submission of its final report. Authorizes appropriations.
United States · United States Congress · 16 June 1983
National Child Support Enforcement Act - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require that in order for any State to be eligible for payments pursuant to title IV or title XIX (Medicaid) of the Act, to have enacted and implemented a State law providing for the collection of child support through a mandatory wage withholding system satisfying the requirements of this Act. Requires a State system to: (1) apply in every case where child support has been ordered by a court or administrative process of the State; (2) provide for withholding from wages per pay period of child support payments due, plus any past-due support (to a maximum of 25 percent of gross pay); (3) require that any charges or fees imposed covering the costs of collection be paid by the individual from whom the amounts were collected; (4) utilize the services and facilities available under part D to locate individuals owing support, administer the withholding process, and distribute amounts withheld; and (5) include such other provisions as the Secretary of Health and Human Services determines necessary and appropriate.
United States · United States Congress · 14 June 1983
Amends the Internal Revenue Code to allow married individuals to compute the amount of their income tax deduction for contributions to retirement savings accounts on the basis of the earnings of their spouse.
United States · United States Congress · 14 June 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: (1) a new intermediate-level adjudication process; and (2) an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 14 June 1983
Expresses the sense of the House of Representatives that: (1) State regulatory commissions should carefully review requests for telephone rate increases; (2) the Federal Communications Commission should ascertain the impact on telephone rates of regulatory changes and judicial decisions and should furnish the House with an estimate of the number of people who would suffer an economic hardship or be forced to discontinue telephone service as a result of such changes and decisions; and (3) specified House committees should consider legislation that will assure affordable telephone service for all the people of the United States.
United States · United States Congress · 8 June 1983
Pesticide Import and Export Act of 1983 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to specify the types of information a pesticide producer must submit to the Environmental Protection Agency (EPA) on pesticides manufactured in and exported from the United States. Requires the Administrator of EPA to cooperate and collaborate with the Secretary of State, Secretary of Agriculture, and the Commissioner of the Food and Drug Administration in identifying overseas pesticide use patterns on food crops exported to the United States. Requires the Administrator to prepare an annual report summarizing such information. Requires that information on pesticide exports be kept confidential except as it must be disclosed to comply with reporting requirements. Requires an official of an importing nation to be informed of: (1) the nature and severity of any unreasonable adverse effects on the environment identified by the Administrator in the course of considering the regulatory status of the pesticide; (2) the fact that a pesticide is not registered for use in the United States and may not be sold in the United States; and (3) the availability of regulatory and scientific documents on the pesticide. Requires notice to, and an acknowledgement by, a foreign purchaser of an acutely toxic pesticide and appropriate officials in an importing nation of any acute hazards associated wtih exposure to the pesticide. Requires such acknowledgement statement to include steps to assure accessible instructions for the safe use of the pesticide. Directs the Administrator to foster the safe use of pesticides in other countries through the international exchange of information. Directs the Department of State to pursue diplomatic efforts to obtain the agreement of other exporting countries to regulate foreign pesticide sales. Prohibits the use of a temporary tolerance established as part of an experimental use permit from covering pesticide residues on imported foodstuffs, unless such tolerance was obtained in conjunction with an experimental use permit including use of a pesticide overseas. Requires the Administrator to revoke tolerances for residues associated with suspended or canceled uses of a pesticide. Authorizes the Administrator, in the case of a pesticide that is voluntarily withdrawn, to revoke a tolerance and establish a residue action level if the Administrator determines that the pesticide residue will unavoidably persist in the environment. Prohibits the Administrator from making available for public inspection any information obtained from another country or international organization if: (1) the information was obtained on conditions that it not be disclosed; (2) the information is not otherwise available; and (3) the foreign government or international organization continues to demand that the documents or information not be made available for public inspection. Authorizes the Administrator to disclose to foreign governments or international organizations certain information as long as an agreement is reached that such information will be disclosed only under specified circumstances.
United States · United States Congress · 8 June 1983
Requests the President to issue a proclamation commemorating the fortieth anniversary of the establishment of the George Washington Carver National Monument in Diamond, Missouri.
United States · United States Congress · 7 June 1983
Amends the Energy Policy and Conservation Act to eliminate provisions which: (1) permit petitions to the Secretary of Energy for prescription of rules which supersede State energy efficiency standards; and (2) provide for supersedure of State energy efficiency standards prescribed after January 1, 1978.
United States · United States Congress · 7 June 1983
National Summit Conference on Education Act of 1983 - Authorizes appropriations to the Department of Education for conducting a National Summit Conference on Education. Sets forth provisions for appointment of participants to the Conference. Directs the Conference to develop recommendations in response to the findings of the National Commission on Excellence in Education and relating to specified areas of educational policy. Directs the Conference to transmit its recommendations to the President, the Congress, and State Governors by January 15, 1984.
United States · United States Congress · 6 June 1983
Amends the Civil Rights Act of 1957 to allow appointees to the Commission on Civil Rights to serve for a term of six years. Provides that a Commission member may only be removed by the President for neglect of duty or malfeasance in office. Extends the life of the Commission 15 years. Authorizes appropriations.
United States · United States Congress · 3 June 1983
World Peace Tax Fund Act - Amends the Internal Revenue Code to permit conscientious objectors to designate their income, estate, or gift tax payments for nonmilitary purposes. Establishes within the Treasury a World Peace Tax Fund to receive such tax payments. Defines a conscientious objector as an individual who is opposed to war in any form and who has been exempted from combat training in the Armed Forces under the Military Selective Service Act, or who satisfactorily demonstrates that he is conscientiously opposed to war in any form. Requires tax forms to contain a checkoff for taxpayers who wish to claim conscientious objector status and designate their tax payments for the World Peace Tax Fund. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1979 if the taxpayer pays the tax and satisfactorily establishes that the nonpayment was due to his religious beliefs. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding fiscal year for military purposes. Requires the publication of such information in the Congressional Record. Establishes a World Peace Tax Fund Board of Trustees. Sets forth the membership structure and duties of the Board. Authorizes appropriations.
United States · United States Congress · 1 June 1983
Urges the United States, the Soviet Union, and other countries possessing the technology to produce separated plutonium to begin negotiations leading to a verifiable halt in the production of separated plutonium and in the export of technology for such production. Calls for the United States and other nuclear supplier and consumer nations to begin negotiations leading to an agreement to: (1) reject the commercial use of separated plutonium as a nuclear power reactor fuel; (2) base civilian nuclear power technology only on nonweapons usable fuel; and (3) make available reliable supplies of natural and low-enriched uranium.
United States · United States Congress · 26 May 1983
Income-Dependent Education Assistance Act of 1983 - Title I: System for Making Income-Dependent Education Assistance Loans - Requires the Secretary of Education to establish a program of entering into agreements with guarantee agencies in order to provide funds to postsecondary schools or vocational schools which have entered into agreements under this Act to make loans to students who are eligible for assistance under the Higher Education Act of 1965. Provides that pursuant to such agreements, guarantee agencies shall issue debt obligations approved by the Secretary the proceeds of which shall be allocated among eligible educational institutions. Requires the United States to agree to repay the principal and interest of such debt obligations. Permits guarantee agencies to make loans under this Act for the purpose of discharging liability on federally insured or guaranteed loans under title IV of the Higher Education Act of 1965. Provides that the guarantee agency for eligible educational institutions in any State shall be: (1) the State or nonprofit private institution which has an agreement with the State to provide subsidy payments under the State's student loan insurance program; or (2) the State or nonprofit institution of another State which has such an agreement or the Student Loan Marketing Association if there is no such an agreement under effect in the State. Provides that in order to qualify for funds under this Act, an educational institution must enter into an agreement with the Secretary to, in addition to meeting other terms prescribed by the Secretary: (1) use such funds exclusively for student loans; (2) comply with information requirements; (3) notify students of their obligations and responsibilities under the loan program; and (4) repay portions of refunds owed to students who withdraw after receiving loans under the loan program. Permits the Secretary to suspend or revoke such an agreement and to recover funds held by an educational institution for noncompliance with this Act or with the terms of the agreement. Sets forth requirements with respect to loan terms and disbursement of loan proceeds. Establishes information requirements for the loan program. Title II: Collection of Income-Dependent Education Assistance Loans - Amends the Internal Revenue Code to provide for the collection of loans made under this Act through income taxes. Requires the Secretary of Education to notify borrowers annually with respect to their account balances and the procedure for computing the amount of repayment owing for the taxable year. Requires that such information be submitted to the Secretary of the Treasury. Sets forth requirements with respect to the computation of annual loan repayment amounts, termination of a borrower's repayment obligation, and failure to make repayments. Establishes in the Treasury the Income-Dependent Education Assistance Loan Trust Fund, which shall be available for repayment of principal and interest on debt obligations issued under this Act and for advancing funds directly to schools for new loans to students. Appropriates to such trust fund amounts received in the Treasury on any loan made under title I of this Act.
United States · United States Congress · 25 May 1983
Requires the Comptroller General to review each employee performance appraisal system of each Federal agency, with certain exceptions, at least once every five years and to report his or her findings and recommendations to specified congressional committees. Requires that such a review specifically consider: (1) the adequacy of training provided to persons evaluating performance; (2) the objectivity of evaluation criteria; (3) the effectiveness of the appraisal system in contributing to adequate, or better, performance; (4) the accuracy and fairness of the system as perceived by employees; (5) the compliance of the system with applicable laws and regulations, particularly with regard to employee notice and participation; (6) the relation between the design and operation of the system; and (7) indications of employee morale. Requires any agency or the Office of Personnel Management to submit any proposed change in a performance appraisal system to the Comptroller General. Directs the Comptroller General to: (1) review such proposal to determine its impact on the employees and areas of public service involved; and (2) report his or her findings to specified congressional committees within a specified period. Prohibits such a proposal from taking effect until 60 days after such report is submitted. Prohibits the Comptroller General from reviewing any proposal that is the subject of ongoing labor-management negotiations. Requires an agency's performance appraisal system to ensure that each officer or employee responsible for appraising performance is adequately trained in such duty. Directs the Comptroller General to review Senior Executive Service performance appraisal systems in the same manner as provided for other systems under this Act. Requires each agency to establish a program under which any organization representing a substantial number of supervisory or managerial personnel shall be entitled to present its views on proposed changes in a performance appraisal system affecting its members. Establishes the negotiability of the establishment of performance standards, at the election of the labor organization involved.
United States · United States Congress · 25 May 1983
Directs the Secretary of Health and Human Services to establish a program of grants to: (1) identify women who received diethylstilbestrol (DES) while pregnant and their children; (2) establish a voluntary registry of such women and children; (3) provide them with periodic cancer screening; and (4) provide health personnel with information respecting the health hazards of such drug.
United States · United States Congress · 24 May 1983
United States Caribbean Possessions Act - Title I: Eastern Caribbean Regional Development Fund - Lists countries which the President shall consider in designating beneficiary countries for purposes of this title. Prohibits the President from designating a country a beneficiary country: (1) if such country is a communist country; (2) if the country has taken certain expropriating actions against property owned by U.S. citizens; (3) if the country fails to act in good faith with respect to arbitral awards involving U.S. citizens or companies; (4) if the country affords preferential treatment to a developed country other than the United States which adversely affects U.S. commerce unless the President receives certain assurances; (5) if a government-owned entity in such country engages in the broadcast of copyrighted material belonging to U.S. copyright owners without their express consent; and (6) unless such country is party to a treaty regarding the extradition of U.S. citizens. Lists factors the President shall take into account in determining whether to designate a country a beneficiary country. Prohibits the President from terminating the designation of a country as a beneficiary country unless, at least 60 days before the termination, the President has notified the Congress and the beneficiary country of such determination. Directs the President to withdraw or suspend the designation of a country as a beneficiary country if, because of changed circumstances, the country would be barred from designation as a beneficiary country. Establishes in the Treasury the Eastern Caribbean Regional Development Fund. Appropriates to the Fund the amount of money collected from: (1) the import duties on articles entered from beneficiary countries; and (2) the taxes on rum imported into the United States from beneficiary countries. Authorizes the Administrator of the Fund to allocate and distribute the moneys in the Fund to island beneficiary countries. Sets forth the method of allocation. Title II: Tax and Tariff Provisions - Amends the Internal Revenue Code to require that if the amount of taxes collected on rum imported into the United States from beneficiary countries exceeds the amount needed in the Eastern Caribbean Regional Development Fund the excess shall be covered into the treasuries of Puerto Rico and the Virgin Islands. Prohibits granting duty-free treatment to bulk rum manufactured outside the United States, its territories, or possessions.
United States · United States Congress · 18 May 1983
Rural Electrification and Telephone Revolving Fund Self-Sufficiency Act of 1983 - Amends the Rural Electrification Act of 1936 (REA) to eliminate the requirement for a State certificate of convenience and necessity before the Administrator may make loans to provide rural telephone service. Revises the liabilities and uses of the Rural Electrification and Telephone Revolving Fund established under the REA to provide that notes of the Administrator to the Secretary of the Treasury to obtain funds for loans shall be equity capital of the Fund. States that assets of the Fund shall be available only for: (1) payment of interest and principal on loans to the Administrator from the Secretary of the Treasury; and (2) for certificates of beneficial ownership issued to such Secretary or in the private market. Requires the Administrator to maintain two separate accounts within the fund: (1) the Electrification Account; and (2) the Telephone Account. Lists the items that shall be accounted for in each Account respectively, and restricts the purposes for which the assets of each Account shall be available. Authorizes the Administrator to repurchase specified certificates of beneficial ownership under certain conditions affecting their interest rates. Establishes guidelines for interest-bearing insured loans made by the Administrator to electric and telephone borrowers. Requires the Secretary of Agriculture to request in each annual supplemental budget estimate the amount needed to replenish the Fund for anticipated and actual costs resulting from loans made at less than a specified rate during the preceding fiscal year. Directs the Administrator to guarantee loans to specified borrowers or to accommodate or subordinate liens or mortgages held in the Fund, according to prescribed rules and regulations. Directs the Administration to promulgate such rules and regulations within 90 days after the effective date of this Act. Prescribes guidelines under which certain lenders are authorized to adjust interest rates on loans guaranteed by the Administrator. Requires rural electrification borrowers to obtain concurrent supplemental financing according to prescribed guidelines in any fiscal year in which the minimum loan level for insured rural electrification loans is less than $1,000,000,000. Repeals the loan-making authority of the Governor of the Rural Telephone Bank which require approval by the Secretary of Agriculture of facilities or lines to be acquired with such loans. Eliminates loan restrictions placed upon potential borrowers whose net worth exceed their assets by twenty percent.
United States · United States Congress · 12 May 1983
National Industrial Strategy Act - Title I: Economic Cooperation Council - Establishes the Economic Cooperation Council to collect and analyze economic data and, upon request to make recommendations to Congress, Federal departments and agencies, and the National Industrial Development Bank (established by this Act) regarding national industrial policy and sectoral strategies. Requires the Council, within one year after enactment, to report to Congress and the President its recommendations for changes in any Federal policy necessary to implement an effective national industrial strategy. Exempts the Council from the provisions of the Federal Advisory Committee Act. Establishes within the Council a Bureau of Economic Information and a Bureau of Economic Analysis. Requires the Council to send annual reports to the President, Congress, and the National Industrial Development Bank about the major industrial development priorities of the United States and the policies needed to meet them. Authorizes appropriations. Title II: National Industrial Development Bank - Establishes the National Industrial Development Bank to make loans and loan guaranties and to issue debt instruments in such a way as to improve the overall economic goals of the Nation and broad public interest. Sets forth general provisions regarding the issuance of financial assistance. Directs the Bank to provide financial assistance to those mature and linkage industries which can be restructured to become competitively successful in the long term. Requires such a company to submit a plan to the Bank which demonstrates that it will be viable in the long run without additional Federal financial assistance. Authorizes financial assistance to develop and market new technologies and to aid in the growth of emerging industries. Authorizes financial assistance to regional development banks. Requires annual reports to Congress. Terminates the Bank on September 30, 1989. Authorizes appropriations.
United States · United States Congress · 11 May 1983
Expresses the sense of the House of Representatives that the Director of the National Institutes of Health should increase funding allocations for Lupus Erythematosus research.
United States · United States Congress · 10 May 1983
Expresses the sense of the House of Representatives that regulations relating to title IX of the Education Amendments of 1972 (concerning sex discrimination in education) should not be amended or altered in any manner which will lessen the comprehensive coverage of such statute in eliminating gender discrimination throughout the American educational system.
United States · United States Congress · 10 May 1983
Expresses the concern of the House of Representatives in the preservation and restoration of Rhodes Tavern in Washington, D.C. Encourages preservation and restoration efforts by the National Trust for Historic Preservation, the National Capitol Planning and Commission, the Commission of Fine Arts, the mayor and city council, and other interested organizations.
United States · United States Congress · 5 May 1983
Expresses the sense of the Congress that: (1) the Republic of South Africa should comply with international human rights agreements by ending its "black-spot" policy and by allowing forcibly relocated South Africans to return to ancestral lands; (2) U.S. nonrecognition of South African "homeland" sovereignty should continue; (3) travel to the United States should be denied to "homeland" officials who seek to enter this country under "homelands" visas; and (4) the President should send a copy of this resolution to the Republic of South Africa.
United States · United States Congress · 3 May 1983
Expresses the sense of the Congress that the Congress: (1) rejects the proposals of the President to eliminate funding for library programs; and (2) should provide funds to continue our Nation's commitment to our libraries.
United States · United States Congress · 2 May 1983
National Employment Priorities Act - Title I: General Provisions - Sets forth the findings and purposes of this Act and definitions. Title II: Federal Adjustment Assistance - Requires the Secretary of Labor to implement a comprehensive assistance program for employees who lose their employment with an establishment which is required under title III of this Act to give advance notice of plant closings and permanent layoffs. Requires that such program include: (1) training programs; (2) job placement services; (3) payments for reasonable expenses incurred by employees in searching for new employment in a geographical area away from such establishment; (4) payments for moving expenses; and (5) education assistance. Requires the Secretary, to the extent practicable, to provide such assistance before employment loss occurs and through existing programs. Provides that the Secretary shall consult with a business establishment and with any affected labor organizations in order to develop a retraining plan which meets the manpower needs of such establishment. Requires the payment of travel and subsistence allowances to employees receiving assistance under this program. Authorizes the Secretary to establish a program to retrain employees of a business undergoing plant closings and laying off employees. Makes a business concern eligible for assistance under this Act if: (1) such business concern intends to undertake a change of operations which will result in a substantial employment loss; (2) all reasonable efforts and the resources of such business concern are inadequate to prevent such employment loss; (3) such assistance will enable such business concern to operate on an improved economic basis within a reasonable time period and without the change of operations; and (4) such business concern has complied with notice requirements under title III of this Act. Authorizes the Secretary to provide eligible business concerns with enough financial assistance to substantially contribute to their economic viability if equivalent financial assistance is unavailable from conventional sources and if it is reasonably likely that they will repay the United States. Provides that such financial assistance may include loans, loan guarantees, interest subsidies, and an assumption of debt. Authorizes the Secretary to provide eligible business concerns with enough technical assistance to substantially contribute to their economic viability. Provides that such assistance may include research and development grants and contracts which will provide new employment opportunities. Requires the Secretary to issue a certificate of procurement credit to a business concern which complies with notice requirements under title III of this Act if such business concern will be able to offer additional employment opportunities upon entering into a procurement contract with the Government. Provides that bids submitted by a business concern with such a certificate shall be treated by Government agencies as if they are equal to 95 percent of the amount stated in the bids. Makes local governments eligible for assistance under this Act if, as a result of a change of operations of a business concern, there will be a substantial decrease in the amount of revenues paid to such governments, a substantial increase in demand for social services provided by them, or a substantial increase in the number of unemployed individuals residing within their jurisdiction. Authorizes the Secretary to provide to eligible local governments grants, loans, and loan guarantees to increase the availability of social services and to implement any plan for a public works project approved by the Secretary. Makes employers other than business concerns required to comply with notice requirements under title III of this Act and cooperative associations of employees eligible for assistance under this Act if such employers and cooperative associations will create or expand employment opportunities and provide continuous employment over a substantial period of time, and substantially equivalent assistance is unavailable from any other source. Authorizes the Secretary to provide to such employers and cooperative associations loans, loan guarantees, and technical assistance for expanding operations in an establishment required to comply with notice requirements under title III of this Act, constructing new establishments, and undertaking research and development projects to identify new markets and employment opportunities. Establishes priority requirements for the provision of assistance under this title. Title III: Advance Notice of Plant Closings and Permanent Layoffs - Requires a business concern to give written notice with respect to any intended change of operations in a State which will result in the number of employees suffering an employment loss in any 18-month period equaling or exceeding the lesser of 100 employees or 15 percent of the employees at such establishment. Requires that the notice be given to the Secretary, the employees, representatives of affected labor organizations at such establishment, and local government units as required by the Secretary. Sets forth time requirements with respect to such notice. Requires the Secretary to inform each employee who receives such notice of the availability of assistance under this Act. Requires the Secretary to conduct an investigation of any intended change of operations at an establishment with respect to which notice is required under this Act if the Secretary receives a written request for such an investigation within 60 days after such notice is given from an authorized representative of an affected labor organization or from at least 10 percent of the employees notified. Provides that the Secretary may conduct such an investigation regardless of whether such notice is given if such investigation would serve the purposes of this Act or if at least 50 percent of the employees of the establishment involved request an investigation. Requires the Secretary to publish a report containing his or her findings resulting from such an investigation and recommendations to prevent or minimize the harmful economic and social effects of the intended change of operations of the business which is investigated. Title IV: Employer Responsibilities - Requires a business concern which is required to give notice under title III of this Act and which reduces the weekly wages of an employee to less than 85 percent of the average weekly wages paid to such employee during the 26 weeks preceding such reduction or which suspends or terminates the employment of such employee to give such employee a written statement of employment status. Provides that such an employee shall be treated as suffering an employment loss if: (1) such statement does not include an assurance that such employee's wages will be increased or that such employee will be reinstated; or (2) the business concern fails to give such statement to such employee. Requires the business concern to give such an employee a lump sum payment, in addition to other payments required by this Act, if the business concern fails to prevent such employee's loss of employment. Requires a business concern which is required to give notice under title III of this Act to: (1) pay to each employee who suffers an employment loss as a result of a change in operations a weekly income maintenance payment for one year; and (2) make payments to any employee benefit plan in effect with respect to each such employee for one year. Provides that no business concern shall be required to make total payments exceeding $25,000 to any employee suffering an employment loss. Provides that no business concern shall be required to make payments to such an employee if: (1) such employee begins employment with any other establishment of such business concern; (2) such employee refuses to accept employment which is within a reasonable commuting distance, which provides wages and benefits equal to or better than those of the employee's previous job, and which is similar to such employee's previous position; (3) such employee refuses to participate or fails to make satisfactory progress without good cause in a training or placement program under this Act; or (4) such employee receives a retirement benefit under a pension plan to which the business concern contributed. Requires a business concern to pay moving expenses for an employee who accepts employment with such business concern within three years after such employee's employment loss occurs. Provides for an extension of the one-year period of payments under this title to an employee if such employee is between 53 and 61 years old at the end of the one year. Requires the Secretary to reimburse the business concern involved for any such payments. Provides that any payment required under this title which a business concern fails to make shall be treated as a debt owed by such business concern to the United States and requires the Secretary, upon request, to make such payment to the employee involved. Provides that a business concern which transfers ownership or control of an establishment in order to avoid liability for any subsequent employment loss shall be liable to the United States for the amount of employee assistance which the business concern owning or controlling the establishment at the time the employment loss occurs fails to provide. Requires a business concern required to give notice under title III of this Act to offer to any employee who suffers an employment loss any employment which becomes available at another establishment of such business concern within three years following such employment loss and which such employee is qualified to perform, to the extent that the provision of such employment does not violate any collective-bargaining agreement in effect. Provides that an employee of a business concern required to give notice under title III of this Act who suffers an employment loss shall be eligible to participate in any employee benefit plan in effect with respect to such employee during any period when such business concern is required to make payments to such plan under this title. Sets forth vesting requirements with respect to such plans. Provides that an individual who knowingly accepts employment with a business concern which has given notice as required under title III of this Act shall not be considered an employee of such business concern for purposes of assistance under this Act. Makes a business concern which is required to give notice under title III of this Act liable to local government units for any loss of revenue which occurs during the three fiscal years preceding the fiscal year in which the business concern implements its change of operations. Provides that any such payment which a business concern fails to make shall be treated as a debt owned by such business concern to the United States and requires the Secretary, upon request, to make such payment to the local government involved. Makes a business concern whose change of operations involves a transfer of operations outside the United States when an economically viable alternative exists liable to the United States for loss of revenue. Title V: Administration - Imposes criminal penalties on anyone who fraudulently obtains assistance under this Act and on anyone who gives the notice required under title III of this Act and makes false statements or fails to disclose material facts required under such title. Imposes civil penalties on any business concern which fails to: (1) give notice as required by title III of this Act; (2) provide assistance to employees pursuant to title IV of this Act; or (3) pay any debt owed to the United States pursuant to this Act within 180 days after such debt is incurred. Makes it unlawful for a business concern required to give notice under title III of this Act to: (1) fail to offer an employee who suffers an employment loss other employment at an alternative establishment; or (2) discriminate against an employee who participates in any investigation under this Act. Requires the suspension or reduction of assistance payments with respect to any person who has fraudulently obtained such assistance. Requires the Secretary to maintain operating reserves with respect to anticipated claims under loan guarantees made under title II of this Act. Requires that mortgages acquired by the Secretary as security for any loans made under such title be recorded by the Secretary according to State law. Specifies time periods within which Congress may disapprove rules promulgated by the Secretary to carry out this Act. Requires the Secretary to submit to Congress: (1) a report evaluating the effectiveness of the assistance programs under this Act; and (2) legislative proposals which provide assistance to local government units adversely affected by changes of operations of business concerns and which require business concerns to provide employment information for inclusion in the job bank and matching program established under the Comprehensive Employment and Training Act. Establishes in the Department of Labor the National Employment Priorities Administration which shall carry out the provisions of this Act. Establishes a National Employment Priorities Advisory Council which shall give advice to the Secretary, evaluate the programs under this Act, and conduct various employment studies. Authorizes appropriations.
United States · United States Congress · 28 April 1983
Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency, at the request of the Governor of a State affected by the interstate management plan developed under the Chesapeake Bay program, to make a grant to implement management mechanisms in the plan if the State has, within one year after the date of enactment of this Act, approved and committed to implement all or substantially all aspects of the plan. Limits such grants to 55 percent of the plan implementation costs in any year and requires State expenditure of non-Federal funds to cover at least 45 percent of such costs during such fiscal year. Directs the Administrator to continue the Chesapeake Bay program for: (1) assessing the relationship between point and nonpoint source pollution and the impact of such pollution on water quality; and (2) research on the impact of pollutant loadings, particularly nutrients, on bay fisheries resources (with special attention to be given to the striped bass). Directs the Administrator to immediately begin to: (1) assess the principal factors having an adverse effect on the environmental quality of Narragansett Bay, as perceived by both scientists and users; and (2) direct and coordinate, subsequent to a review of presently ongoing research, research and abatement programs that will most efficiently address those factors. Directs the Administrator to: (1) analyze all environmental sampling data presently being collected on Narragansett Bay and undertake methods of improving such data collection; (2) establish a continuing capacity for collecting, storing, analyzing, and disseminating such data; (3) institute a sampling program where present programs are deficient; and (4) determine what units of government have management responsibility for the environmental quality of the bay and how such responsibility can be structured to improve coordination among units of government, research and educational institutions, and concerned groups and individuals. Authorizes appropriations for FY 1983 through 1987 to carry out Chesapeake and Narragansett Bays programs.
United States · United States Congress · 28 April 1983
Caribbean Basin Economic Recovery Act - Title I: Duty-Free Treatment - Authorizes the President to proclaim duty-free treatment for all eligible articles from Caribbean countries that the President designates as beneficiary countries. Requires the President to notify Congress before making such a designation. Prohibits the President from terminating such a designation unless both Houses of Congress are notified 60 days before the termination. Requires the President to consider only specified countries and territories as beneficiary countries. Excludes Cuba from the list of beneficiary countries. Prohibits the President from designating a country as a beneficiary country: (1) if it is a Communist country; (2) if it denies human rights or denies its workers safe working conditions or if it has nationalized or seized control, or effectively nationalized or seized control, of U.S. property, unless the President determines that a good faith effort is being made to compensate for such seizure; (3) if it fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of U.S. citizens or corporations; (4) if it grants preferential treatment to the products of a developed country other than the United States; (5) if such country participates in an arrangement with other countries to withhold supplies of a vital commodity or to raise the price of such commodities and cause serious disruption of the world economy; (6) if it has a government-owned entity engaged in broadcasting copyrighted material belonging to U.S. copyrighted owners without their express consent; (7) if such country does not take adequate steps to prevent controlled substances from entering the United States; (8) if it aids or abets international terrorists; (9) unless an extradition treaty exists between the United States and such country; or (10) unless a treaty exists between the United States and such country providing for the exchange of information as necessary to carry out and enforce tax laws. Permits the President to designate as beneficiary countries certain countries that would otherwise be excluded if the President reports to Congress that such designation will be in the national interest and Congress concurs in that determination. Lists factors the President should consider in determining whether to grant beneficiary designation. Amends the Tariff Schedules of the United States to grant to imports from U.S. insular possessions, subject to specified provisions of this Act, duty treatment no less favorable than the treatment afforded such imports from a beneficiary country. Directs the President to withdraw or suspend a country's beneficiary designation if the President determines that changed circumstances in such country would prohibit such designation under the guidelines in this title. Requires duty-free treatment to apply to any article imported from a beneficiary country, unless otherwise excluded from eligibility, if: (1) the article is imported directly from such country into U.S. customs territory; and (2) the sum of specified costs of the article is not less than 35 percent (50 percent after September 30, 1985) of its appraised value at the time of its entry. Directs the Secretary of the Treasury to prescribe regulations governing articles eligible for such duty-free treatment, including the requirement that such articles must be wholly the product of a beneficiary country or must be a new or different article of commerce which has been produced in the beneficiary country. Requires that duty-free treatment provided under this Act shall not apply to: (1) certain textile and apparel articles; (2) certain footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; (3) tuna in airtight containers; (4) petroleum or petroleum products; (5) import-sensistive manufactured products and components of products; or (6) products or parts of products which are the subjects of bilateral restraints, voluntary export restraints, nonreciprocal treatment by the beneficiary country, or findings of injury under U.S. fair trade statutes. Directs the President to suspend duty-free treatment of sugar and beef products that are the products of a beneficiary country if: (1) the beneficiary country, within 90 days of its designation as a beneficiary country, does not submit a Stable Food Production Plan to the President for evaluation; (2) the President determines that the Plan of a beneficiary country does not meet specified criteria; or (3) as a result of the monitoring of the operation of the Plan, the President determines that a beneficiary country is not making a good faith effort to implement its Plan, or that the Plan, although being implemented, is not achieving its purposes. Requires the President, before suspending such duty-free treatment, to offer to consult with the country to formulate appropriate remedial action. Requires the President, biennially, to monitor the operation of the Plans implemented by beneficiary countries and to report to Congress. Provides a schedule for gradually removing from duty-free treatment countries that are competent in international commerce so that Caribbean countries are major beneficiaries of this Act. Sets forth the manner of governing the importation and duty-free treatment of certain sugars, sirups, and molasses. Authorizes the President to suspend the duty-free treatment provided by this title and to proclaim a duty for an eligible article if such action is taken pursuant to certain import relief or national security provisions. Authorizes the filing of petitions for import relief with the Secretary of Agriculture and the Secretary of Commerce as well as with the International Trade Commission (ITC) for injury from imports of perishable products from beneficiary countries. Directs either Secretary of both Secretaries to recommend the granting or denying of such petition within 14 days of its filing. Requires the President to take emergency action or to publish a notice of determination not to take emergency action within seven days of receiving the Secretary's recommendation. Sets forth the limits on the duration of the emergency action. Exempts from proclamations under this title certain fees imposed pursuant to the Agricultural Adjustment Act. Provides for duty-free treatment of articles imported directly from Puerto Rico and the U.S. insular possessions, so long as foreign materials do not account for more than 70 percent of the total value of the articles (or more than 50 percent of the total value with respect to articles excluded from duty-free treatment under the Caribbean Basin Economic Recovery Act). Amends the Tariff Schedules of the United States to increase to five liters (currently, four liters) the amount of duty-free liquor that may be brought into the United States. Requires that not more than four liters, of such five liter limit, may have been produced outside American Samoa, Guam, or the U.S. Virgin Islands. Authorizes the President to withdraw duty-free treatment on rum if the amount of excise taxes on rum that is paid into the treasuries of Puerto Rico and the Virgin Islands falls below the amount that would have been paid if the rum had been produced in Puerto Rico or the Virgin Islands. Amends the Trade Agreements Act of 1979 to repeal the provision for protecting U.S. possessions against revenue losses caused by concessions granted by the United States in the Tokyo Round of the Multilateral Trade Negotiations. Prohibits any action under this title from affecting a tariff imposed by Puerto Rico on coffee imported into Puerto Rico. Exempts from specified sections of the Federal Water Pollution Control Act certain discharges from sources in the U.S. Virgin Islands which are attributable to the manufacture of rum. Requires the ITC to report to Congress and the President on the economic impact of this Act on U.S. industries and consumers during: (1) the two year period beginning with January, 1983; and (2) each year afterwards, until duty-free treatment under this title is terminated. Sets forth assessments that the ITC shall make and factors to be considered in making those assessments. Provides that if a beneficiary country exports to the United States a specified quantity of an eligible article such country shall not be treated as a beneficiary country with respect to that article unless the President makes certain determinations. Permits such a country to be redesignated as a beneficiary country with respect to that article if U.S. imports of the article do not exceed a specified amount during the preceding calendar year. Terminates duty-free treatment to beneficiary countries under this title after September 30, 1989. Title II: Tax Provisions - Amends the Internal Revenue Code to require excise taxes on rum imported into the United States to be paid to Puerto Rico and the U.S. Virgin Islands. Authorizes the Secretary of the Treasury to negotiate and conclude an agreement for the exchange of information with any beneficiary country. Requires such exchange to consist of such information as may be necessary to carry out and enforce the tax laws of both the United States and the beneficiary country. Provides that such agreements shall be treated as income conventions for purposes of disclosures of tax return information. Allows a tax deduction for attending a convention held in a beneficiary country, if such beneficiary country has a tax information agreement in effect with the United States.
![Official portrait of Rep. Gray, William H., III [D-PA-2]](https://www.congress.gov/img/member/g000402_200.jpg)