United States · United States Congress · 2 February 1984
National Symposium on Missing Children Act of 1984 - Establishes a 15 member Commission on Missing Children to conduct an inquiry into the problem of missing children. Requires the Commission to hold a national symposium to bring together experts, professionals, and interested individuals to: (1) find solutions to prevent the disappearance of children and provide for the safe return of any missing children; (2) disseminate information and assistance to citizens, agencies, and the government; (3) make recommendations to the President and Congress for legislative changes; and (4) make recommendations for a program to coordinate and assist those concerned with missing children. Directs the Commission to submit a comprehensive report incorporating specific recommendations to the President and the Congress. Requires the Commission to terminate 18 months after its inception. Authorizes appropriations.
United States · United States Congress · 1 February 1984
Prohibits the importation of any article grown or produced in Iran. Amends the Export Administration Act of 1979 to prohibit the exportation to Iran of goods, technology, or other information subject to U.S. jurisdiction. Prohibits any person subject to U.S. jurisdiction from exporting to Iran goods, technology, or other information. Exempts from such prohibition exports of food or medicine.
United States · United States Congress · 26 January 1984
Amends the Tariff Act of 1930 to provide that any marking on an article imported into the United States that would make a purchaser believe that it was from another country shall be in violation of U.S. labeling laws unless the English name of the country of origin (preceded by specified words) appears legibly and in such a manner as prescribed by the Secretary of the Treasury.
United States · United States Congress · 26 January 1984
States that U.S. negotiators, in negotiations with Japan, should insist that Japan dismantle all nontariff barriers to imports of beef. Expresses the sense of the House of Representatives that if progress is not made toward the dismantling of such nontariff barriers by a specified time, the U.S. Trade Representative should seek appropriate relief under U.S. and international trade law.
United States · United States Congress · 25 January 1984
Fair Insurance Coverage Act - Prohibits any insurer from discriminating in an insurance contract against any person because of blindness. Includes within the prohibition refusing to make or negotiate a contract for insurance or giving different treatment with respect to terms, conditions, rates, or benefits because of blindness. Establishes a preference for State actions prior to judicial enforcement under this Act. Authorizes any aggrieved person, in the absence of State actions or jurisdiction, to bring an action under this Act for individual relief. Authorizes the Attorney General of the United States to bring an action for injunctive relief whenever there is reasonable cause to believe a person is engaged in a pattern or practice of discrimination or when an individual is aggrieved and an issue of general public importance is raised. Grants the Federal district courts jurisdiction of such actions regardless of the amount in controversy. Allows a court to order monetary, equitable, or other appropriate relief, including punitive damages.
United States · United States Congress · 25 January 1984
Textile Fiber and Wool Products Identification Improvement Act - Amends the Textile Fiber Products Identification Act and the Wool Products Labeling Act of 1939 to require a textile fiber or wool product to be so labeled if it has been processed or manufactured in the United States. Requires the product, as well as the package in which it is contained, to be labeled as to country of origin. Requires catalog sales descriptions and other advertisements for textile and wool products to contain country of origin information. Requires that the identification label on imported textile fiber or wool products be affixed to the most conspicuous place on the inner side of the product. Amends the Tariff Act of 1930 to exempt from the additional duty for failure to mark those articles exported to the country of origin.
United States · United States Congress · 24 January 1984
Amends the Social Security Amendments of 1983 to delay until after December 31, 1985, mandatory coverage under the Old Age, Survivors and Disability Insurance program for employees of tax-exempt religious or apostolic organizations which do not have in effect on January 1, 1984, a waiver certificate (which waives such an organization's exemption from taxation for purposes of the Old Age, Survivors and Disability Insurance program).
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 · 18 November 1983
Directs the President to report quarterly to the Congress on all outstanding loans, loan guarantees, credits, and grants issued by the Federal Government or by a multilateral organization of which the United States is a member to the government of a Communist country or to any person on behalf of (or any entity controlled by) a Communist country. Specifies information to be included in the report.
United States · United States Congress · 18 November 1983
National Observance Advisory Act - Establishes a commission known as the President's Advisory Commission on National Observances to establish criteria for recommending to the President that a proposed national observance be approved or disapproved.
United States · United States Congress · 18 November 1983
Amends the Federal criminal code to eliminate parole and good time allowances for rape convictions unless the finder of fact at trial determines otherwise.
United States · United States Congress · 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
Tax Equity for Women Act of 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. Treats alimony as compensation for purposes of determining an individual's income tax deduction for retirement savings. Grants tax-exempt status to certain organizations which provide nonresidential dependent care to the general public. Increases the income tax credit for household and dependent care services for low and moderate income taxpayers.
United States · United States Congress · 17 November 1983
Directs the Secretary of Defense to increase employment opportunities at U.S. military installations overseas for dependents of members of the armed forces and Federal civilian employees assigned to overseas duty.
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
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to delay for one year the effective date of special rules concerning top-heavy employee benefit plans (plans which discriminate in favor of highly compensated employees). Requires the Secretary of the Treasury to conduct a study of such special rules and report to specified committees of the Congress.
United States · United States Congress · 16 November 1983
Expresses the sense of the Congress that the President should instruct the U.S. delegation to the United Nations to introduce before the U.N. General Assembly a resolution calling for the withdrawal of Syrian and Syrian-controlled forces from Lebanon in order to facilitate the return of peace to the country.
United States · United States Congress · 10 November 1983
Expresses the sense of Congress that the President should return to Cuba those Cuban nationals from the 1980 Mariel boatlift who are excludable because of criminal activity.
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 · 28 October 1983
Constitutional Amendment - Allows the President an item veto of appropriations bills. Requires the President, in signing such a bill, to designate the provisions disapproved and return the bill to the House in which it originated. Subjects such bills to the same proceeding as other bills disapproved by the President.
United States · United States Congress · 27 October 1983
Residential Mortgage Investment Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to exempt from specified prohibited transactions: (1) any qualified mortgage transaction engaged in by an employee benefit plan if such transaction received the prior approval of an independent fiduciary; (2) the purchase, retention, or sale by an employee benefit plan of interests in Federal or State guaranteed residential mortgage loans; and (3) any participation or dealings by an employee benefit plan in residential mortgage-backed securities if such securities bear one of the three highest ratings of a nationally recognized rating service. Prohibits the promulgation of rules or orders which limit, interpret or implement: (1) the exemptions or definitions of this Act; and (2) the term "reasonable rate of interest."
United States · United States Congress · 25 October 1983
Amends the charter of the American Veterans of World War II (AMVETS) by extending eligibility for membership to individuals who qualify on or after May 8, 1975.
United States · United States Congress · 24 October 1983
Directs the Secretary of the department in which the Coast Guard is operating to cause a named vessel to be endorsed for employment in the coastwise trade.
United States · United States Congress · 19 October 1983
Criminal Fine Collection Act of 1983 - Amends the Federal criminal code with respect to the imposition, payment, and collection of fines. Lists factors that the court must consider in determining whether to impose a fine, including: (1) the ability of the defendant to pay; (2) the burden that payment will impose on the defendant; and (3) any restitution or reparation made by the defendant. States that payment of a fine is due immediately unless the court requires payment by installment or by any date certain. Permits a sentence to pay a fine to be stayed while an appeal is taken. Makes a fine delinquent if any portion of such fine is not paid within 30 days of when it is due. Provides that a fine is in default if it is more than 90 days delinquent. Allows for the modification or remission of a sentence to pay a fine. Requires the clerk to forward each fine payment to the U.S. Treasury and notify the Attorney General of its receipt. Requires the court to certify to the Attorney General when a fine exceeding $100 is imposed, modified, or remitted. Makes the Attorney General responsible for the collection of any unpaid fine for which certification has been issued. Allows the court to impose interest and monetary penalties for any willful nonpayment. Establishes civil remedies for the satisfication of an unpaid fine. Provides that a judgment imposing a fine may be enforced by execution against the property of the person fined as are judgments in civil cases. Allows the court to resentence a person upon willful failure to pay a fine to any sentence which might originally have been imposed. Provides for a statute of limitations on the liability to pay a fine of 20 years or upon death of the person fined. Provides penalties for criminal default of a fine. Makes payment of a fine a condition of probation or parole in certain circumstances. Requires the Attorney General to include in the annual crime report steps taken to implement this Act and any progress achieved in criminal fine collection.
United States · United States Congress · 19 October 1983
Amends Federal law to specify the two acre area authorized for the Vietnam Veterans Memorial. Directs the Secretary of the Interior to file a map and a legal description of the specified area with the appropriate congressional committee and to publish such map and legal description in the Federal Register.
United States · United States Congress · 18 October 1983
Amends the Internal Revenue Code to provide that tax-exempt interest on securities held by the taxpayer before the date of the enactment of the Social Security Amendments of 1983 shall not be taken into account in determining the amount of social security benefits subject to tax.
United States · United States Congress · 18 October 1983
Amends the Omnibus Budget Reconciliation Act of 1982 to prevent certain reductions in pay of members of a uniformed service holding civilian positions while receiving retired or retainer pay.
United States · United States Congress · 6 October 1983
Cable Telecommunications Act of 1983 - Amends the Communications Act of 1934 to authorize any governmental entity empowered to grant a cable television franchise to require: (1) that a reasonable amount of channel capacity be designated for public, educational, or government purposes; and (2) that rules be promulgated governing the use of such channel capacity, including rules for creating an agency or nonprofit organization to administer the use of such channel capacity. Allows the cable system operator to use such channel capacity for other purposes until there is a demand for use of such capacity for public, educational, or governmental purposes. Prohibits a cable operator from exercising any editorial control over any video programming for such purposes. Requires a cable operator to designate a specified percentage of its channel capacity not required for use under Federal law for commercial use by persons unaffiliated with the operator. Prohibits any Federal, State, or local authority from requiring the designation of a greater percentage of channel capacity for commercial use by unaffiliated persons. Allows an operator to continue using such designated capacity until a written agreement with an unaffiliated person is obtained. Directs the operator to establish prices, terms, and conditions for such use that are sufficient to assure that the operation, financial condition, and market development of the cable system are not adversely affected. Prohibits a cable operator from exercising any editorial control over video programming for such use except to the extent necessary to assure that such cable system is not adversely affected. Prohibits the use of such channel capacity to provide a cable service being provided on the enactment date of this Act in order to avoid providing a diversity of information sources. Authorizes any person aggrieved by the failure of an operator to make channel capacity available for such commercial use to seek to compel that such capacity be made available by bringing an action in the appropriate Federal district court or by petitioning the Federal Communications Commission (FCC). Authorizes the FCC to prescribe rules necessary to assure that a cable operator or owner provides for a diversity of information sources over the cable system: (1) upon finding that prior adjudications constitute a pattern of such failure by such person; and (2) whenever cable systems with 36 or more activated channels are available to 70 percent of U.S. households and are subscribed to by 70 percent of the households to which such systems are available. Prohibits a person from owning or controlling a cable system if such person: (1) is the licensee of a television broadcast station the predicted grade B contour (field strength) of which covers any part of the community served by such cable system; (2) owns or controls a daily newspaper published in such community; or (3) is a common carrier providing telephone exchange service in any part of such community, excluding specified rural areas. Authorizes the FCC to prescribe rules concerning the common ownership or control of cable systems by persons who own or control other media of mass communications serving the community served by the cable system. Prohibits any State or local authority from regulating the diversity of ownership of mass media interests. Prohibits any State or local authority that has an interest in any cable system from directly or indirectly controlling the content of any programming on such system, except programming on educational, public, or government channels, unless such authority establishes an independent board or separate management company. Prohibits the owner of a multiple unit dwelling from interfering with the provision of cable service requested by a resident. Permits the owner to require that: (1) the costs of installation, construction, operation, or removal of the cable facilities be borne by the subscriber, the operator, or both; (2) the condition of the dwelling and the safety and convenience of other residents are not adversely affected by the installation or construction of such facilities; and (3) the owner be fully compensated by the cable operator for any damages caused by such facilities. Directs the FCC to establish the amount of just compensation to which the owner is entitled. Authorizes a governmental or franchising authority to award one or more cable franchises within its jurisdiction. Directs such authority to assure that the opportunity to purchase cable service is not denied to any class of potential subscribers because of income or economic status. Provides that a franchise shall be construed to authorize the construction of a cable system over public rights-of-way and through easements dedicated for compatible uses, provided the property owners are compensated for any resulting damages. Prohibits a cable system from providing cable service without a franchise. Permits a governmental or franchising authority to require the construction of cable system facilities or the provision of certain equipment as part of an initial franchise or a franchise renewal proceeding. Directs such authority to negotiate and, if necessary, enter binding arbitration with a cable operator over the termination, modification, or deferral of a requirement for facilities or equipment (excluding facilities or equipment for educational, public, or government use) that the operator shows to be impracticable as a result of a significant change in circumstances. Provides that the terms of any franchise agreement resulting from a request for proposals originally issued on or before September 30, 1982, shall remain in effect for the remaining term of the franchise. Declares that no cable system shall be subject to regulation as a common carrier or utility by reason of providing cable service. Authorizes a governmental or franchising authority to require a cable operator to pay a franchise fee not to exceed an annual aggregate of five percent of such operator's gross revenues. Permits a cable operator to pass the cost of any increase in the franchise fee through to subscribers. Prohibits a governmental or franchising authority from requiring the provisions of services, facilities, or other items not related to the provision of cable service under a franchise. Authorizes a franchising authority to regulate the rates for the provision of basic cable service and the installation or rental of equipment necessary for the receipt of such service for any cable system that is not located within the grade B contour of four or more full power television signals with at least one affiliate of each of the three power commercial television networks. Authorizes such an authority to regulate the rates of a franchise in effect on the enactment date of this Act for the greater of five years or one-half of the remaining term of the franchise. Authorizes annual rate increases not exceeding the regional consumer price index if subscribers are given 30 days notice. Provides that requests for rate increases shall be deemed to be granted if not acted upon within 90 days. Bars any other regulation of rates, with specified exceptions, by any Federal, State, local, or other franchising authority. Prohibits any such authority from regulating the provision or content of cable services, except that: (1) any applicable FCC regulation in effect on September 21, 1983, may remain in effect; (2) a franchising authority may enforce the terms of a franchise agreement under which the cable operator agrees to provide particular services; (3) a franchising authority and a cable operator may specify that certain services that are obscene or otherwise unprotected by the Constitution may not be provided; and (4) an operator may be required to offer basic cable services. Allows an operator to rearrange, replace, or remove a service specified in a franchise if there has been a significant change in circumstances. Requires a franchising authority to grant an application for the renewal or extension of an operator's franchise, unless: (1) the operator has not substantially complied with the franchise or applicable law or has committed a felony; (2) there has been a change in the operator's qualifications that impairs the provision of service; (3) the facilities to be provided by the operator are unreasonable in terms of cost and community need; (4) the signal of the operator's system has not met the FCC's technical standards; or (5) the proposals of the application are otherwise unreasonable. Sets forth time requirements and procedures governing the filing, consideration, and denial of applications and the judicial review of adverse decisions. Prohibits a franchising authority, upon the expiration of a franchise, from acquiring an ownership interest in a cable system, or requiring a sale of a system to another person, at less than the system's fair market value. Prohibits a franchising authority from acquiring an ownership interest in a system subject to a franchise termination resulting from a material breach by a cable operator, unless the operator was provided notice of, and a reasonable opportunity to remedy, the breach. Prohibits any cable operator or any other person who provides cable services from using the cable system to collect personally identifiable information on a cable subscriber without the written or electronic consent of the subscriber. Permits the collection of such information solely for billing purposes or for monitoring unauthorized receptions of cable telecommunications. Requires such information to be destroyed when it is no longer used for such purposes. Prohibits the disclosure of such information without the consent of the subscriber or a court order authorizing such disclosure. Requires cable operators to notify subscribers of their rights under the privacy provisions of this Act. Requires each subscriber to have access to all of their personally identifiable information collected and maintained by a cable operator or other person providing cable services. Authorizes civil damages for violations of these privacy provisions. States that cable operators have no liability for programs on public, educational, or governmental channels or for channels designated for commercial use by unaffiliated persons. Prohibits any person from intercepting or receiving cable services or assisting in intercepting or receiving cable services without specific authorization by a cable operator or by law. Sets forth provisions governing civil remedies, the determination of civil damages, and criminal penalities for violations of such prohibition. Provides that a State shall not be considered to regulate the rates, terms, and conditions for pole attachments unless: (1) the State has issued and made effective regulations implementing such regulatory authority; and (2) the State takes final action on a complaint about an individual matter within 60 days.
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 · 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 · 27 September 1983
Sentencing Reform Act of 1983 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture of property for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Authorizes the imposition of a term of probation in certain circumstances. Enumerates two mandatory and 20 discretionary conditions for probation. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to E), three classes of misdemeanors (A to C), and an infraction (five-day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office.
United States · United States Congress · 27 September 1983
Pension Plan Investment Enforcement Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 to impose upon employee benefit plan fiduciaries the duty to avoid selecting an investment for the purpose of advancing political or social goals if such investment can be reasonably expected to yield a financial return less than other available investments. Amends the Internal Revenue Code to 1954 to declare employee benefit plans ineligible as qualified trusts for tax purposes if it is possible under such plans to: (1) conduct investments other than in the interest of plan participants and beneficiaries; or (2) select investments for purposes of advancing political or social goals if such investments can be reasonably expected to yield financial returns less than other available investments. Amends both the Act and the Code to establish procedures by which a person aggrieved by a determination of either the Secretary of Labor or the Secretary of the Treasury regarding an exemption from the prohibition on certain fiduciary transactions may bring a civil action in Federal district court for declaratory or injunctive relief against such Secretary. Authorizes award of all costs and reasonable attorney's fees to the prevailing complainant in such an action. Provides for punitive damages for each breach of fiduciary duties. Establishes maximum criminal fines and prison terms for violations of this Act.
United States · United States Congress · 22 September 1983
National Joint Research and Development Policy Act of 1983 - Declares that agreements to engage in joint research and development ventures and their research and development programs shall not be deemed unlawful, per se, under the antitrust laws. Exempts qualified ventures, participants, and employees thereof from criminal prosecution under the antitrust laws based on conduct that is part of a research and development program that has been disclosed to the Attorney General. Requires a venture to disclose and annually update specified information concerning its formation to the Attorney General in order to be a qualified venture. Limits the liability of qualified ventures, participants, and employees thereof to actual damages, interest thereon, and the cost of suit for antitrust violations based on conduct that is part of a research and development program that has been disclosed to the Attorney General. Directs the court to award a qualified venture, participants, or employees thereof the cost of defending against a claim brought under the antitrust laws if the alleged violation is based on conduct which is part of a disclosed research and development program which does not violate antitrust laws. Sets forth restrictions on the disclosure of information submitted to the Attorney General.
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 · 19 September 1983
Korean Airlines Victims' Claims Act - Amends the International Claims Settlement Act of 1949 to provide for the determination of the validity and amounts of outstanding claims against the Soviet Union for the loss of life and property of the 61 U.S. citizens who were onboard the Korean Air Lines airplane that was shot down on September 1, 1983. Directs the Foreign Claims Settlement Commission to receive and determine the validity and amounts of claims by survivors of the victims of the Korean Air Lines incident. Permits a claim to be considered only if the property right on which it is based was owned by U.S. nationals on the date of loss and only to the extent that the claim has been held by U.S. nationals continuously from the date that the loss occurred until the date of filing with the Commission. Directs the Commission to certify to each claimant the amount determined by the Commission to be the loss suffered by the claimant which is covered by this Act. Provides for consolidated awards if the claim, at the time of the award, is vested in persons other than the person by whom the original loss was sustained. Authorizes the Secretary of the Treasury to establish in the Treasury the Claims Fund for the payment of unsatisfied claims of U.S. nationals against the Soviet Union. Directs the Commission to certify to the Secretary each award. Sets forth the manner of payment of the awards. Requires the Commission to complete its affairs in connection with settling claims within six months of the date for filing claims. Requires other departments to make available to the Commission certain records relating to the claims. Authorizes appropriations. Limits the percentage of an award that may be collected as a fee for services rendered on behalf of a claimant. Directs the Secretary of State to initiate negotiations to conclude an agreement with the Soviet Union which would provide for payment in full of all such awards.
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