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
Amends the Natural Gas Policy Act of 1978 to prohibit any person, without first having secured authorization from the Federal Energy Regulatory Commission, from: (1) purchasing any equity security of an interstate pipeline, if after such purchase such person will have acquired, either directly or indirectly, beneficial ownership of more than five percent of a class of registered securities; or (2) merging with an interstate pipeline. Directs the Commission to authorize such purchase or merger if, after notice and opportunity for a hearing, the Commission determines that it is consistent with the public interest.
United States · United States Congress · 5 October 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise the benefit levels of individuals becoming eligible for benefits in or after 1979 so that they are equal to the benefit levels of individuals who became eligible for benefits before 1979.
United States · United States Congress · 5 October 1983
Children's Television Education Act of 1983 - Amends the Communications Act of 1934 to require that every television broadcast station broadcast each Monday through Friday a minimum of one hour per day of programming specifically designed to enhance the education of children. Directs the Federal Communications Commission to prescribe regulations necessary to carry out such requirement. Requires that such regulations be initially prescribed within 180 days after the enactment of this Act. Directs the Commission, beginning four years after such enactment, and periodically thereafter, to review the effectiveness of such regulations and amend or supplement them as necessary. Permits such regulations to require a greater amount of broadcasting of children's educational television programing than the specified minimum required under 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 · 4 October 1983
Amends the Internal Revenue Code to require income tax returns to include space designated for the taxpayer to specify the amount of cash contributions, if any, which the taxpayer wishes to make to the Federal Government to reduce the public debt. Requires the transfer of amounts designated for this purpose to a special account to be used to reduce the public debt.
United States · United States Congress · 30 September 1983
Amends the Internal Revenue Code to reduce for calendar year 1984 the rates of aviation-related excise taxes on: (1) airline passengers; (2) seats, berths, etc.; (3) use of international travel facilities; (4) air cargo; (5) aviation fuel; and (6) gasoline. Continues such reduced rates for subsequent calendar years if the unobligated balance in the Airport and Airway Trust Fund is at least $2,300,000,000.
United States · United States Congress · 30 September 1983
Amends the Internal Revenue Code to reduce for calendar years 1984 and 1985 the rates of aviation-related excise taxes on: (1) airline passengers; (2) seats, berths, etc.; (3) use of international travel facilities; (4) air cargo; (5) aviation fuel; and (6) gasoline.
United States · United States Congress · 29 September 1983
Land Remote Sensing Satellite Authorization Act of 1983 - Amends the National Aeronautics and Space Act of 1958 to direct the National Aeronautics and Space Administration to plan and provide for the development, management, and operation of a civil land remote sensing satellite system using and advancing the developments in land remote sensing technology. Authorizes appropriations.
United States · United States Congress · 29 September 1983
Expresses the sense of the House of Representatives that the President should: (1) urge the Council of European Community Ministers to reject their Commission's proposals that seek to shift to other countries the financial burden of disposing of their agricultural surpluses; and (2) continue to oppose proposed Common Agricultural Policy (CAP) modifications that would adversely affect the access of U.S. agricultural exports to European Community markets. States, also, that if the European Community adopts such proposed CAP modifications, then it is the House's sense that measures should be implemented to protect U.S. trade interests.
United States · United States Congress · 29 September 1983
Expresses the sense of the Congress that the President should urge the Japanese to extend the current voluntary auto export limits beyond March 31, 1984.
United States · United States Congress · 28 September 1983
Amends the Federal criminal code to allow for the advertising of lotteries conducted in accordance with State law by nonprofit or charitable organizations.
United States · United States Congress · 28 September 1983
Department of Defense Procurement Procedures Act of 1983 - Sets forth a formula for determining the applicable percentage of Department of Defense procurement of property and services which must be made through formal advertising for fiscal years after FY 1983. Prohibits the Department of Defense from expending funds for negotiated contracts in any fiscal year following a fiscal year where the purchases and contracts made through formal advertising fall below the applicable percentage. Removes such prohibition if the Department meets or exceeds the applicable percentage during or after that fiscal year. Requires that specified information concerning a negotiated contract be part of the records of the contracting agency, including all cost and pricing data submitted by a contractor and the name of each Government official who participated in the negotiating or awarding of such contract. Requires that agency records on negotiated contracts containing classified information be maintained for at least ten years and be made available to Congress and the Comptroller General upon request. Directs the Secretary of Defense to establish procedures which are similar to formal advertising procedures for the purchase of or contracting for personal or professional services. Sets forth investigatory procedures to determine the need for and price of services by a university or other educational institution.
United States · United States Congress · 28 September 1983
Directs the Postal Service to issue a set of postage stamps, based on designs by named artists, commemorating calendar year 1983 as the Year of the Bible.
United States · United States Congress · 28 September 1983
Declares that the President shall convene a domestic economic summit conference to address the economic situation created by projected large deficits. Requires that such conference convene within 45 days to develop and report to Congress a comprehensive plan to reduce the projected deficits in the United States budget.
United States · United States Congress · 27 September 1983
National Archives and Records Administration Act of 1983 - Title I: Establishment of An Independent National Archives and Records Administration - Establishes the National Archives and Records Administration as an independent establishment in the executive branch to be directed by the Archivist of the United States. Requires the Archivist to be appointed by the President with the advice and consent of the Senate. Directs the Archivist to appoint a Deputy Archivist. Sets forth the administrative duties and authority of the Archivist. Requires the Archivist to submit to Congress an annual report concerning the administration of functions of the Archivist and the Administration. Transfers to the Administration and the Archivist the functions, duties, and authority of the General Services Administration (GSA) and its Administrator, respectively, concerning: (1) congressional printing and binding; (2) the Federal Register and the Code of Federal Regulations; (3) the distribution and sale of public documents; (4) archival administration; (5) presidential records; (6) the National Archives Trust Fund Board; (7) the National Historical Publications and Records Commission; (8) records management; (9) the disposal of records; (10) official territorial papers; (11) Indian records placed with the Oklahoma Historical Society; (12) public laws, Constitutional amendments, and the United States Statutes at Large; and (13) electoral credentials and certificates. Transfers to the Administration the National Archives and Records Service. Title II: Administrative Provisions - Limits the fee that the Archivist may charge for making or authenticating copies of materials to the amount necessary to recover actual costs. (Currently such fee may exceed such costs by up to ten percent.) Requires such fees to be deposited to the credit of the appropriation against which they are charged. (Currently such fees are paid into the National Archives Trust Fund.) Requires the National Archives Trust Fund Board to use the services and personnel of the Administration to assist the Board in performing its functions. (Currently the Board may appoint necessary employees.) Directs the Board to submit to Congress an annual report on its operations and on the moneys, securities, and personal property received and held by it. Authorizes the Board to authorize the transfer of funds to the Administration to be expended on an archival or records activity approved by the Board or to accomplish the purpose of a gift or bequest. Prohibits expenditures for purposes for which appropriated funds could not be expended, unless required by the instrument of gift or bequest. Permits the Board to solicit gifts or bequests. Requires that moneys received for the Fund be deposited within five working days. Allows disbursements from the Fund only for activities approved by the Board, including the publication of special works and the release of historical photographs and recordings. Authorizes the Archivist to sell such publications and releases at a price which will cover their cost (currently, cost plus ten percent). Authorizes the Archivist to initiate action for the recovery of agency records unlawfully removed or for other legal redress against persons who remove or destroy agency records if the agency fails to take such action within a reasonable period of time after being informed of its necessity by the Archivist. Directs the Archivist to report any such agency failure to the appropriate committees of Congress. Directs the Archivist to establish detailed criteria for determining whether material should be classified as agency records. Grants the Archivist access to any material made or received by an agency to determine whether the agency is in compliance with regulations governing records disposal. Permits the Archivist to authorize an agency to dispose of records only after publishing notice of, and providing an opportunity for public comment on, such disposal.
United States · United States Congress · 22 September 1983
National Task Force on Organ Procurement and Transplant Reimbursement Act - Directs the Secretary of Health and Human Services to establish within 60 days a National Task Force on Organ Procurement and Transplant Reimbursement to develop a plan for a comprehensive organ donor network and organ procurement system. Sets forth membership and operating provisions. Authorizes the Task Force to submit interim reports to the President and each House of Congress, and a final report within six months after its establishment. Terminates such Task Force three months after submitting such final report.
United States · United States Congress · 22 September 1983
Amends title XVIII (Medicare) of the Social Security Act to permit hospital of up to 125 beds (currently, 50 beds) in a rural area to use its inpatient hospital facilities to provide services which if provided by a skilled nursing facility would constitute extended care services.
United States · United States Congress · 21 September 1983
Expendable Launch Vehicle Commercialization Act - Prohibits persons from launching a space object from the territory of the United States (or, in the case of U.S. nationals, from international waters or air space as well) unless they are properly licensed. Sets criminal penalties for violation of this Act. Directs the Secretary of Commerce to issue such licenses. Sets forth certain conditions of and procedures for licensing. Requires license applicants to obtain liability insurance. Permits the Secretary to suspend or revoke such licenses in specified circumstances.
United States · United States Congress · 21 September 1983
Expresses the sense of the Congress that the President should instruct the U.S. Ambassador to the United Nations to introduce a resolution that calls upon Iran to cease its persecution of the Iranian Baha'is and allow them to emigrate from Iran.
United States · United States Congress · 19 September 1983
Expresses the sense of the Congress that the transfer of ownership or management of any civil meteorological satellite system and associated ground system equipment to the private sector is not presently appropriate.
United States · United States Congress · 15 September 1983
Amends the Internal Revenue Code to set $15,000 as the base amount for purposes of computing the amount of unemployment compensation includible in the gross income of a surviving spouse or head of household.
United States · United States Congress · 13 September 1983
Amends the Perishable Agricultural Commodities Act, 1930, to impress a trust on behalf of an unpaid seller or supplier on the inventories, commodities, or proceeds from the sale of such commodities held by a commission merchant, dealer, or broker. States that payment shall not be considered to have been made if the supplier, seller, or agent receives a payment instrument which is dishonored. Exempts cooperative association-member transactions from such provisions. States that an unpaid seller or supplier shall lose such trust benefits unless he or she: (1) gives written notice of intent to preserve such benefits to the commission dealer or agent; and (2) files such notice with the Secretary of Agriculture within specified times. Vests U.S. district courts with jurisdiction over actions to preserve a trust or to enforce a trust beneficiary's payment. Makes a failure to properly maintain a seller trust or violation of such Act.
United States · United States Congress · 13 September 1983
Authorizes the President to present, on behalf of Congress, a gold medal to the family of the late Honorable Lawrence P. McDonald in recognition of his distinguished service as a Member of Congress and the facts surrounding his untimely death. Directs the Secretary of the Treasury to provide for the striking of such gold medal and authorizes the Secretary to make duplicates in bronze of such medal available for public sale. Authorizes appropriations after October 1, 1983.
United States · United States Congress · 13 September 1983
Authorizes the Veterans Administration to furnish each veteran with a compensable service-connected disability such drugs and medicines as may be prescribed by any licensed physician for treatment of the service-connected disability.
United States · United States Congress · 13 September 1983
Designates the week beginning February 12, 1984, as a time to recognize the contributions of volunteers who become Big Brothers and Big Sisters to single parent youths.
United States · United States Congress · 13 September 1983
States that the United States: (1) condemns the Soviet destruction of Korean Air Lines flight 7; (2) calls for an explanation from the Soviets; (3) extends its sympathies to the families who lost loved ones and supports their rights to obtain reparations from the Soviets; (4) calls on the Soviets to assist in the recovery of the remains of the victims; (5) calls for an international investigation by the International Civil Aviation Organization; (6) declares its intention to demand that the Soviets modify their air defense procedures to assure the safety of commercial airliners; (7) finds that this incident will make it difficult for the U.S. and other nations to accept the Soviets as responsible members of the international community; and (8) urges our allies and other nations to cooperate with specified demands on the Soviets.
United States · United States Congress · 12 September 1983
Expresses the sense of the Congress that attacks on international civilian airlines are to be denounced and condemns the Soviet attack on KAL flight 7. Supports the President's actions to bring the Soviet Union before the world community to: (1) admit its liability and responsibility for this incident; (2) offer recompense to its victims; and (3) guarantee that the safety of civilian airlines will not be violated in the future.
United States · United States Congress · 4 August 1983
Wine Equity Act of 1983 - Requires the President to direct the U.S. Trade Representative (USTR) to negotiate the harmonization of tariff and nontariff barriers on wine with each designated major trading country. Requires negotiations with designated major trading countries which do not export wine to the United States in order to eliminate all tariff and nontariff trade barriers of such countries to the importation of U.S. wine. Requires the President to impose tariff and nontariff trade barriers equal or substantially equivalent to the barriers applied by a designated major trading country if such country does not provide harmonization to U.S. produced-wine with 180 days of the country's designation as a designated major trading country. Provides for removing such U.S. tariff and nontariff barriers. Requires the USTR to report to specified congressional committees at the beginning and end of each negotiation. Requires the USTR to consult with such committees to identify further tariff and nontariff barriers to and potential markets for U.S. wine. Provides for assistance for the USTR from other Federal agencies.
United States · United States Congress · 4 August 1983
Arson Prevention Act of 1983 - Establishes an Interagency Committee on Arson Prevention and Control to coordinate Federal anti-arson programs, gather and analyze data relating to arson, and provide assistance to Federal agencies, States, and local governments in anti-arson efforts. Terminates the Committee two years following enactment. Directs the Administrator of the United States Fire Administration, Federal Emergency Management Agency, to: (1) conduct a research program for the development of techniques and equipment for use by State and local fire fighting and law enforcement personnel for arson detection, investigation, prevention, and prosecution; (2) establish anti-arson educational and training programs for State and local government; (3) develop materials for community awareness programs; and (4) provide information relative to the prevention, investigation, detection and prosecution of arson. Authorizes appropriations for such purposes. Directs the Director of the Bureau of Alcohol, Tobacco, and Firearms to assist the Committee by providing access to personnel and resources of the Bureau.
United States · United States Congress · 4 August 1983
White House Conference on the Homeless and the Hungry Act - Directs the President to call a White House Conference on the Homeless and the Hungry to develop recommendations and stimulate a national assessment of the problem of hunger and homelessness in the United States. Requires the Secretary of Health and Human Services to direct the planning and conduct of the Conference. Directs Conference participants to give special consideration to: (1) providing long-range planning to ensure appropriate shelter and nutrition for all needy families; (2) accelerating the availability of emergency community food and shelter facilities; (3) exploring ways of using Government surplus food for the hungry; (4) encouraging States to exchange information on available services and issues of mutual concern; (5) providing incentives for private developers and criteria to rehabilitate abandoned housing; and (6) improving data collection activities. Directs the Conference to submit its final report to the President within 120 days of its formation. Requires the report's findings and recommendations to be made available to the public. Requires the President to transmit recommendations for implementing the report's recommendations to Congress within 120 days after receiving such report.
United States · United States Congress · 4 August 1983
Amends the Internal Revenue Code to allow a refundable income tax credit for expenses incurred in the care of elderly family members. Sets such credit at 30 percent of the expenses incurred for taxpayers with incomes of $25,000 or less. Reduces the rate of such credit, but not below 20 percent, by one percent for each $2,000 of taxpayer income in excess of $25,000. Limits such credit to taxpayers with an adjusted gross income of less than $75,000. Imposes a maximum $7,000 limit on the amount of elderly care expenses that can be taken into account. Defines "qualified family member" as any individual who: (1) is related to the taxpayer by blood or marriage; (2) is at least 70 years of age (or diagnosed with senile dementia); and (3) has a family income of $15,000 or less. Defines "qualified elderly care expenses" as payments for: (1) home health agency services; (2) homemaker services; (3) adult day care; (4) respite care; or (5) certain health care equipment and supplies.
United States · United States Congress · 4 August 1983
Amends the Internal Revenue Code to provide for the reporting of tips by large food or beverage establishments in lieu of allocation requirements if reported tips do not equal eight percent of gross receipts. Allows for a reduction of such percentage under certain circumstances.
United States · United States Congress · 4 August 1983
Expresses the sense of the Congress that the United States should not export nuclear reactor components for the nuclear power station at Tarapur, India, unless India provides stronger nuclear nonproliferation guarantees. Specifies what guarantees should be included.
United States · United States Congress · 3 August 1983
Prohibits sending combat troops into Costa Rica, El Salvador, Guatemala, Honduras, or Nicaragua for training exercises or any other purposes unless: (1) Congress has authorized their presence in advance by a joint resolution signed by the President; or (2) the presence of such troops is necessary to provide for the immediate evacuation of U.S. citizens, or to respond to a clear and present danger of military attack on the United States. Declares that, in either case, the President should advise and consult, to the extent possible, in advance with the Congress.
United States · United States Congress · 2 August 1983
Agricultural Stabilization and Conservation Committee Act of 1983 - Amends the Soil Conservation and Domestic Allotment Act to require that the number of local agricultural stabilization and conservation (ASC) committees in a county shall not be less than existed as of December 31, 1980. Requires with regard to such committees that: (1) all members, as of January 1, 1984, be elected to three-year terms; and (2) they meet at least four times a year. Sets forth committee duties and makes them effective as of January 1, 1984. Expands the Secretary of Agriculture's authority to use local and county committees. Amends the Agricultural Adjustment Act of 1938 to require the Secretary to pay: (1) travel expenses for members of State, county, and local ASC cmmittees; and (2) hourly compensation for work actually performed to county members (at GS- 11 rate) and to local members (at GS-9 rate).
United States · United States Congress · 2 August 1983
Fair Housing Amendments Act of 1983 - Enacts into law the short titles "Civil Rights Act of 1968" and "Fair Housing Act." Adds new definitions for "handicap conciliation" and "conciliation agreement." Excludes from the meaning of "handicap" any impairment consisting of alcohol, drug abuse, or any other impairment which would be a direct threat to the property or safety of others. Makes it unlawful to: (1) refuse to sell or rent to a handicapped person unless such handicap would prevent a prospective occupant from conforming to specified non-discrimination rules and practices; or (2) discriminate against a handicapped person in the conditions of sale or rental or in the provision of related services or facilities. Includes within such discrimination a refusal to: (1) permit reasonable modifications to permit access to the premises (but only if a renter agrees to restore the premises to their original condition); and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons ready access to and use of premises. Establishes a new administrative enforcement procedure within the Department of Housing and Urban Development (HUD). Repeals the 30-day limitation imposed on the Secretary of HUD to respond to complaints. Requires the Secretary to give notice of his or her decision whether to resolve the complaint as promptly as possible. Provides that a conciliation agreement may provide for binding arbitration of the dispute. Permits the Secretary to join additional respondents as parties to a complaint. Grants authority to certified State or local agencies to investigate and conciliate complaints. Authorizes the Secretary to refer cases to the Attorney General while in the investigative stage for the purpose of seeking preliminary judicial relief pending the administrative disposition of the complaint. Allows the Secretary to refer other cases to the Attorney General in his or her sole discretion. Provides enforcement measures for conciliation agreements and civil penalties for noncompliance. Revises the enforcement procedure for private persons. Extends the statute of limitation for two years. Allows an aggrieved individual to enforce the terms of the conciliation agreement. Grants jurisdiction to the Attorney General to commence an action or intervene in a private civil action for violation of this Act.
![Official portrait of Rep. Horton, Frank J. [R-NY-29]](https://www.congress.gov/img/member/h000797_200.jpg)