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United States · Official source
1,669 records where Rep. Martin, Lynn M. [R-IL-16] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 21 February 1984
Requires that the U.S. Embassy in Israel and the residence of the American Ambassador to Israel shall be located in Jerusalem.
United States · United States Congress · 21 February 1984
Designates the week of October 7 through October 13, 1984, as National Birds of Prey Conservation Week.
United States · United States Congress · 21 February 1984
Designates June 6, 1984, as D-Day National Remembrance.
United States · United States Congress · 21 February 1984
Expresses the sense of the Congress that the President should: (1) continue to express U.S. opposition to the exile of Igor Ogurtsov; and (2) urge the Soviet Union to provide Igor Ogurtsov with medical care, grant his release from exile, and accept his application for an exit visa and allow him to emigrate without forcing him to renounce his views (in accordance with a specified international treaty).
United States · United States Congress · 9 February 1984
National Individual Training Account Act of 1984 - Title I: Individual Training Accounts - Establishes the national individual training account program to be administered by the Secretary of Labor and the Secretary of the Treasury in cooperation with the States. Authorizes the Secretary of Labor to enter into agreements whereby States or State unemployment compensation agencies shall: (1) issue and redeem vouchers to pay training and relocation expenses; (2) accept contributions from employees and employers for deposit into individual training accounts and distribute any amount in any such account at such times as any distribution from such account is authorized; (3) provide individual counseling or job and training referral services to any participant in the program;and (4) cooperate with officers of the Federal Government or of any other State in carrying out this Act. Directs the Secretary of Labor, upon the request of a State, to provide information and to detail, on a reimbursable basis, personnel to assist such State in establishing a State individual training account program. Sets forth the duties of the Secretary of Labor and the Secretary of the Treasury in administering the program established by this Act. Sets forth provisions for distributions from individual training accounts. Sets forth provisions for eligible training programs and for certification of such programs by the Secretary of Labor. Sets forth provisions for qualified relocation expenses and for approval of such expenses by the Secretary of Labor. Provides that individual training and related accounts are to be established as separate book accounts in the Unemployment Trust Fund. Title II: Amendments to the Internal Revenue Code of 1954 Relating to Individual Training Accounts - Amends the Internal Revenue Code to revise provisions for approval of State unemployment compensation laws to require that a State have a State individual training account program which has been approved by the Secretary of Labor. Applies such requirement to certifications of such State laws for 1985 and subsequent years. Revises Federal unemployment tax provisions to add requirements relating to State individual training account programs. Revises provisions relating to itemized Federal income tax deductions for individuals and corporations to allow such deductions for employee or employer contributions to individual training accounts made after December 31, 1983. Prohibits any reduction (through an additional credit allowance) in Federal unemployment tax in the case of any large employer which refuses to participate in the national individual training account program. Defines "large employer" as one which during the calendar year employed an average of not less than 25 employees. Makes such denial of reduction applicable to calendar years beginning after December 31, 1985. Appropriates to the Secretary of Labor, for the expense of administering the Federal-State employment service, for each fiscal year ending after January 1, 1986, an amount determined by the Secretary of the Treasury to be equivalent to an unspecified portion of the amounts received in the general fund in the Treasury which are attributable to the operation of such denial of reduction in the unemployment tax rate of such large employers who refuse to participate in the national individual training account program.
United States · United States Congress · 8 February 1984
Authorizes and requests the President to designate the month of January as National Eye Health Care Month.
United States · United States Congress · 7 February 1984
Expresses the sense of the House of Representatives that the: (1) Republic of South Africa should release Nelson Mandela from prison and should revoke Winnie Mandela's banning order; (2) President should use his position to secure the release of Nelson and Winnie Mandela; and (3) Speaker of the House is requested to transmit a copy of this resolution to the President and to the Republic of South Africa.
United States · United States Congress · 2 February 1984
Amends the Internal Revenue Code to allow an income tax credit for retraining expenses for individuals who are unemployed. Sets the amount of such credit at 50 percent of an individual's retraining expenses up to a limit of $1,000. Sets forth rules for the carryback and carryforward of such income tax credit. Defines "retraining expenses" as: (1) any tuition or fees for an eligible training program at a qualified institution; (2) expenses for books, supplies, or equipment; and (3) any other expense directly related to participation in such a training program (other than food, lodging, or travel).
United States · United States Congress · 2 February 1984
Directs the President to designate the month of May 1984 as Older Americans Month.
United States · United States Congress · 1 February 1984
Designates the week beginning on May 6, 1984, as National Asthma and Allergy Awareness Week.
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
Expresses the appreciation of Congress to the descendants of blacks who contributed to American Independence. Encourages State and local governments and private organizations to conduct activities during Black History Month 1985 in honor of black involvement in the American Revolution.
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
Designates the month of November 1984 as National Alzheimer's Disease Month.
United States · United States Congress · 24 January 1984
Designates January 1 through December 31, 1984, as the Year of Excellence in Education.
United States · United States Congress · 24 January 1984
Calls upon the news media to voluntarily refrain from: (1) projecting presidential election results; or (2) predicting the outcome of such elections until all polling places have closed.
United States · United States Congress · 23 January 1984
Designates the month of June 1984 as Student Awareness of Drunk Driving Month.
United States · United States Congress · 23 January 1984
States that the House of Representatives demands that one Jewish prisoner of conscience in the Soviet Union be released for every person who perished aboard Korean Air Lines flight 7.
United States · United States Congress · 23 January 1984
Establishes in the House of Representatives the Congressional Child Care Center for the use of children of Members, officers, and employees of the House. States that the Committee on House Administration shall operate the Center. Directs the Chairman of such Committee to appoint a nonpartisan advisory board to make recommendations on management and operation of the Center, and to conduct semiannual reviews of such Center. Requires that operating expenses be recovered through child care fees. Establishes a revolving fund within the House contingent fund for the purpose of operating the Center.
United States · United States Congress · 23 January 1984
Commission on Pay Equity - Establishes a Commission on Pay Equity which shall: (1) retain a private contractor who shall study the compensation paid to job classes in a Federal legislative branch agency in which at least 50 percent of the employees are subject to provisions of the Civil Rights Act of 1964 prohibiting discrimination in Government employment and which has the broadest range of job classification of all eligible agencies, determine whether the compensation system in that agency provides for pay equity and equal employment opportunity, and, if not, make recommendations to Congress for necessary action; and (2) based on the findings of such study, establish a comprehensive plan and make recommendations to Congress to ensure pay equity and equal employment opportunity in the legislative branch. Directs the Commission to submit to Congress appropriate interim reports and a final report within one year after its first meeting. Terminates the Commission 30 days after submission of such final report. Requires payment of Commission expenses from the contingent fund of the House of Representatives.
United States · United States Congress · 18 November 1983
Amends the Higher Education Act of 1965 (HEA) to establish a talented teachers scholarship program and a national talented teachers fellowship program under title V (Teacher Corps and Teacher Training Programs) of HEA. Establishes the talented teachers scholarship program to make grants to States for postsecondary education scholarships to outstanding high school graduates to enable them to pursue teaching careers in public elementary or secondary education. Authorizes appropriations for FY 1985 and subsequent fiscal years for such purpose. Provides for allocation of such funds among the States on the basis of population. Authorizes the Secretary of Education to make such grants to States which submit applications which include specified procedures and agreements. Includes among required agreements assurances that efforts will be made to attract students who: (1) are from low-income backgrounds; or (2) express a willingness or desire to teach in schools having less than average results or serving large numbers of economically disadvantaged students. Provides that each talented teacher scholar shall receive a $5,000 scholarship for each academic year of postsecondary education for study in preparation to become an elementary or secondary education teacher. Limits such individual scholarship assistance to four years of postsecondary education, as determined by the State agency. Requires that such scholarship funds be taken into consideration in determining eligibility for other student assistance under HEA. Limits the amount of an individual scholarship to an amount which when added to other student assistance under HEA does not exceed the cost of attendance. Requires that talented teacher scholars be selected by: (1) a seven-member statewide panel appointed by the chief State elected official, acting in consultation with the State education agency (SEA), or (2) by an existing panel designated by the chief State elected official and approved by the Secretary. Requires that such selections be made from students who have graduated or are graduating from high school and rank in the top ten percent of their graduating class. Requires the SEA to make applications available to high schools and in other convenient locations. Requires the statewide panel to develop criteria and procedures for selection. Permits such criteria to include grade point average, extracurricular activities, financial need, interest in teaching as expressed in an essay, and letters of recommendation. Sets forth scholarship conditions, including full-time enrollment and satisfactory progress in a course of study leading to teacher certification. Sets forth scholarship repayment provisions for recipients found by the SEA to be in noncompliance with agreements. Sets forth exceptions to such repayment provisions. Sets forth provisions relating to: (1) Federal administration of State programs under specified circumstances; and (2) judicial review of the Secretary's actions toward State programs. Establishes the national talented teachers fellowship program. Authorizes appropriations for FY 1985 and subsequent fiscal years for such fellowships for outstanding teachers. Limits to two and one-half percent that portion of such funds which may be used for administration. Requires that such funds be used to award: (1) two national teacher fellowships to public school teachers teaching in each congressional district of each State, the District of Columbia, and the Commonwealth of Puerto Rico; and (2) one such fellowship in Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Limits fellowship awards to the average national salary of public school teachers. Prohibits receipt of an award by any individual for two consecutive years. Requires talented teacher fellows to return to a teaching position in their current school district for at least two years following the award. Permits such fellows to use such awards for such projects improving public education as the Secretary may approve, including: (1) sabbaticals for study, research, travel, or academic improvement; (2) curriculum development; (3) consultation with or assistance to other school districts; (4) development of special innovative programs; (5) community relations; or (6) model teacher programs and staff development. Establishes a National Selection Board for Talented Teaching Fellows. Sets forth provisions for membership and procedures. Requires fellowship applicants to submit proposals for projects, and indicate the extent to which they wish to continue current teaching duties, to the local education agency (LEA) for comment prior to submission to the Committee. Directs the Committee, in evaluating proposals, to: (1) consult with the LEA; (2) request recommendations from two teaching peers, the principal, and the superintendent; and (3) consider other appropriate criteria. Directs the Secretary to prescribe regulations for such selections. Requires that announcement of such awards be: (1) made in a public ceremony; and (2) done in consultation with the Member of Congress and Senators representing the school district in which the fellows teach. Requires repayment of the fellowship award to the Federal Government in the case of fraud or gross noncompliance. Authorizes the Secretary to appoint, for up to three-year terms, up to five technical employees to administer title V (Teacher Corps and Teacher Training) of HEA who may be appointed and paid without regard to specified provisions of Federal law governing appointments to the competitive service and relating to classification and pay rates.
United States · United States Congress · 18 November 1983
High Technology Research and Scientific Education Act of 1983 - Title I - The Credit for Increasing Research Activities; ACRS for R&D Equipment - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Makes depreciation of research equipment eligible for the R&D credit. Eliminates the special three-year accelerated cost recovery system (ACRS) category for research equipment. Increases contract research expenses eligible for R&D credit purposes to 75 percent of the amount paid to others for research on the taxpayer's behalf. Provides that in-house and contract research expenses paid or incurred by a regular corporation will constitute qualified research expenses for R&D credit purposes. Provides that in the case of research being conducted in partnership form, the "in carrying on" test is applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Title II - Promotion of University Research and Scientific Education - Establishes a new income tax credit equal to 25 percent of payments to universities for basic research which exceed a fixed, maintenance-of-effort floor. Calculates the maintenance-of-effort floor as the greater of the annual average of university basic research payments over 1982-1983 or one percent of the average annual R&D budget over 1981-1983. Treats the portion of the university basic research payments which is not in excess of the maintenance-of-effort floor as contract research expenses eligible for purposes of computing the regular incremental R&D credit. Allows corporations an income tax deduction for contributions of scientific and technical property or services to an institution of higher education. Defines scientific property to mean computer software or other equipment used in a trade or business, which is donated for the direct education of students and faculty, for research and experimentation, or for research training in the United States in mathematics, the physical or biological sciences, engineering, or computer science. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property or services. Limits the amount of such deduction to ten percent of taxable income computed without regard to specified deductions. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Specifies that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 18 November 1983
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
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 · 18 November 1983
Declares that it should be U.S. policy to: (1) support the people of Afghanistan in their struggle to be free from foreign domination; (2) provide the Afghans, upon request, with material assistance; and (3) pursue a negotiated settlement of the war in Afghanistan based on the total withdrawal of Soviet troops and the recognition of the right of the Afghans to choose their own destiny.
United States · United States Congress · 18 November 1983
Expresses the support of Congress with respect to the right of Soviet peace groups to freely express their views and to organize within the Soviet Union. Calls upon the Soviet Union to: (1) honor its obligations under the World Disarmament Campaign Resolution by allowing the flow of information on peace and disarmament; (2) cease its harassment of peace groups in its country; and (3) honor its obligations under the Universal Declaration of Human Rights and the Helsinki Final Act of the Conference on Security and Cooperation in Europe.
United States · United States Congress · 17 November 1983
Expresses the sense of the Congress that the American Broadcasting Company, the Department of State, and the U.S. Information Agency should work to have the television movie "The Day After" aired to the Soviet public.
United States · United States Congress · 16 November 1983
Designates the week beginning March 4, 1984, as Women's History Week.
United States · United States Congress · 16 November 1983
Requires the President to submit to Congress, and the Congress to adopt, for FY 1985 and each year thereafter, a "pay as you go" budget which freezes all revenues and outlays at current levels. Requires any future legislative reductions in revenues to be offset by equivalent reductions in outlays and any spending above the outlay baseline to be offset by equivalent increases in revenues or reductions in outlays so that no spending increase results in an increase in the deficit.
United States · United States Congress · 16 November 1983
States that the Congress: (1) holds Iran responsible for upholding the rights of the Baha'is; (2) condemns Iran's decision to destroy the Baha'i faith; and (3) calls upon the President to work with appropriate foreign governments to form an appeal to Iran concerning the Baha'is, to cooperate with the United Nations in its efforts on behalf of the Baha'is, and to provide humanitarian assistance for Baha'is who flee Iran.
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 · 3 November 1983
Interstate Compact - Grants the consent of Congress to the Interstate High Speed Intercity Rail Passenger Network Compact as participated in by Illinois, Indiana, Michigan, Ohio, and Pennsylvania.
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 · 1 November 1983
Designates November 12, 1983, as Anti-Defamation League Day in honor of the 70th anniversary of the founding of the Anti-Defamation League of the B'nai B'rith.
United States · United States Congress · 31 October 1983
Designates the week beginning April 8, 1984, as National Hearing Impaired Awareness Week.
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 · 28 October 1983
Commission on Civil Rights Resolution - Establishes within the legislative branch an eight member Commission on Civil Rights (Commission). Provides rules of procedure for Commission hearings. Requires the Commission to: (1) investigate allegations of citizens' being denied their right to vote by reason of their color, religion, sex, age, handicap or national origin; (2) study and collect information concerning discrimination or a denial of equal protection; (3) appraise Federal laws and policy with respect to discrimination and the denial of equal protection; and (4) serve as a national clearinghouse for such information. Prohibits the Commission from investigating any membership practice or internal operation of any fraternal organization, college or university fraternity or sorority, private club or religious organization. Prohibits the Commission from collecting or studying information with respect to abortion. Directs the Commission to appraise the laws and policies of the Federal Government with respect to denials of equal protection involving Americans who are members of eastern - and southern - European ethic groups.
United States · United States Congress · 26 October 1983
Designates September 14, 1984, as National Women Veterans Recognition Day.
United States · United States Congress · 26 October 1983
Extends the gratitude of the House to America's teachers.
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
Congressional Pay Reform Act of 1983 - Amends the Legislative Reorganization Act of 1946 to specify that pay adjustments for Members of Congress shall become effective on March 1 following the beginning of the next Congress after the Congress during which such adjustment is approved. Requires the President to transmit to the Congress, within a specified time period, recommendations for rates of pay of Members of Congress, legislative, and judicial employees. Prohibits the House of Representatives and the Senate from considering any bill or joint resolution carrying an appropriation for compensation of Members of Congress for any fiscal year if such bill or joint resolution carries an appropriation, or a limitation of appropriations, for any other purpose.
United States · United States Congress · 21 October 1983
Authorizes the President to present, on behalf of Congress, a gold medal to Lady Bird Johnson in recognition of her humanitarian efforts and contributions to the beautification of America. Directs the Secretary of the Treasury to provide for the striking of such medal and bronze duplicates for sale to the public. Declares such medals to be national medals. Authorizes appropriations.
United States · United States Congress · 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
Requires the Attorney General of the United States, the Federal Trade Commission, and all other appropriate Federal agencies and officials to enforce the antitrust laws, including the prohibition against vertical price restraints. Directs such officials and agencies to cease propounding arguments in court designed to weaken such prohibition, and to submit to Congress proposed legislation to make any desired changes in such prohibition.
United States · United States Congress · 18 October 1983
Amends the Internal Revenue Code to allow an individual taxpayer an income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's dependent child or child's descendant at an institution of higher education or a vocational school. Limits the amount of such deduction to $1,200 (adjusted for inflation) for each account per calendar year. Disallows any deduction for contributions to an account for individuals who have attained age 19. Specifies that no account may have more than one beneficiary and that no individual may be a beneficiary of more than one account. Permits the deferral of income tax on income accumulated in such education savings accounts as long as such amounts are used exclusively for educational expenses. Specifies penalties for the use of account funds for other than educational purposes. Requires that the trustee of an education savings account file reports with the Secretary of the Treasury on the maintenance of the account. Imposes penalties for not filing required reports. Extends the deduction for contributions to an education savings account to taxpayers who do not otherwise itemize deductions. Excludes from the gross income of account beneficiaries any distributions from the account made on their behalf which are used for educational expenses.
United States · United States Congress · 6 October 1983
Comprehensive Trade Law Reform Act of 1983 - Title I: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to direct the administering authority to order the suspension of all entries of merchandise subject to a preliminary determination in an antidumping or countervailing duty investigation if the preliminary determination of the International Trade Commission (ITC) is affirmative. Imposes the burden of persuasion with respect to allegations in such investigations upon the person in possession of the specific information necessary to verify or negate such allegations. Establishes within the Department of Commerce the Small Business International Trade Advocate Office (Advocate) which shall assist small businesses in the preparation for, and participation in, any proceedings related to the administration of the U.S. trade laws (including arguing on behalf of petitioners who are financially unable to prosecute antidumping and countervailing duty investigations). Provides that the Advocate may request the ITC to conduct on behalf of small businesses no more than three fact- finding investigations in a given fiscal year. Requires the Advocate each fiscal year to report its activities to specified congressional committees. Authorizes appropriations. Authorizes the administering authority and the ITC to make available under a protective order confidential information submitted by a party to an antidumping or countervailing duty investigation upon receipt of an application which describes the information requested. (Current law requires that the application must describe the information with particularity and must set forth the reasons for the request.) Requires that the information to be disclosed shall include all confidential information available to or prepared by the administering authority during an investigation, excluding customer names and the identity of market research organizations. Declares that it shall not be a requirement of disclosure that the person making the request demonstrate a need to have access to the information. Requires the administering authority or ITC to act upon requests for such information within ten days. Directs the ITC, in determining material injury or the threat of material injury in antidumping or countervailing duty investigations, to consider the cumulative impact of imports of merchandise under investigation when combined with imports of the same class or kind which are subject to similar investigations. Declares that in determining whether a petition requesting an antidumping or countervailing duty investigation states a cause of action the absence of a history of imports in sufficient volume to be a present cause of material injury shall not be a basis for a negative determination when a capability to increase exports is asserted. Amends the definition of the nature of a subsidy to require the ITC, in determining whether there is a threat of material injury, to consider information other than the information presented to it by the administering authority and to consider whether the alleged subsidy is related to a promotional program benefitting a specific industry. Sets forth the time periods to be considered by the ITC in determining material injury or threat of material injury. Requires the ITC, in determining threat of material injury, to consider evidence of: (1) increasing domestic inventories of imported merchandise; (2) new or increased capability to manufacture or export such merchandise in the countries under investigation or shift of production and exports among industry product lines; and (3) any effort by a foreign government or instrumentality to promote the development or growth of export capability of the industry under investigation through a combination of policies or programs. Authorizes the imposition of countervailing duties upon merchandise which is likely to be imported into the United States if such merchandise meets all the other requirements for the imposition of countervailing duties. Requires the imposition of countervailing or antidumping duties on merchandise if a U.S. industry is materially injured or threatened with material injury or the establishment of an industry in the United States is materially retarded by sales of imports or offers of sales of imports. Requires the ITC to make its preliminary determination in antidumping or countervailing duty investigations on the basis of the information contained in the petition and any information received by way of questionnaire response. Provides an extension of time for making a preliminary determination if the ITC does not believe the information contained in the hearing and the questionnaire responses establish material injury. Requires the ITC, in such a case, to schedule a hearing during which interested parties may address the factual issues of concern to the ITC. Permits an extension of time during which the preliminary determination by the administering authority in an antidumping or countervailing duty case may be made only if the petitioner files a timely request for such extension and the case is extraordinarily difficult. (Current law permits such extension if either of these conditions is met.) Excludes claims for antidumping and countervailing duties from the authority of the Secretary of the Treasury to compromise Government claims. Amends the Trade Agreement Act of 1979 to require the ITC, in cases involving revocation of countervailing duties, not to base a negative determination of potential material injury on any export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the subsidy received. Directs the administering authority, upon being notified of a negative determination of potential material injury based upon clear and convincing evidence presented by any party seeking revocation, to revoke an existing countervailing duty order and refund the countervailing duties that had been collected. Amends the Tariff Act of 1930 to prohibit the ITC and the administering authority from reviewing a final determination in a countervailing or antidumping duty case or the suspension of an antidumping or countervailing duty investigation less than five years after publication of notice of that determination or suspension. Authorizes the administering authority, after review, to revoke a countervailing or antidumping duty order or to terminate a suspended investigation. Prohibits the administering authority from taking such actions unless, upon clear and convincing evidence presented by any party seeking revocation or termination of a suspended investigation: (1) the administering authority finds that it is substantially unlikely that subsidized sales or sales at less than fair value will be resumed; and (2) the ITC makes a negative determination of potential material injury to U.S. industries by imports covered by the order or investigation. Prohibits the administering authority from revoking a countervailing duty order or terminating a suspended investigation on the basis of any export taxes, duties, or other charges levied on exports to the United States specifically intended to offset the subsidy received. Prohibits the administering authority from revoking a countervailing or antidumping duty order or terminating a suspended investigation unless the affected foreign manufacturers, producers, or exporters give assurances that they shall not receives subsidies or make sales at less than fair value. Sets forth penalties for violations of such assurances. Requires the administering authority and the ITC to continue an antidumping or countervailing duty investigation if the administering authority, within 20 days of publication of the notice of suspension of an investigation, receives a request for continuation of the investigation from the petitioner. Changes the definition of "interested parties" to include: (1) a trade or business association at least ten percent of whose members manufacture, produce, or wholesale a like product in the United States; and (2) a coalition which includes one or more certified unions or recognized groups of workers associated with the production of a like product in the United States and one or more entities which manufacture, produce, or wholesale a like product in the United States. Changes the definition of "like product." Directs the administering authority to reimburse petitioners, upon request, for the costs of preparing an investigation petition and of participating in an investigation if the investigation results in the issuance of a countervailing or antidumping duty order or a suspension agreement. Requires the payments to be made out of an account which shall be established by the administering authority and into which all countervailing and antidumping duties shall be paid. Declares that there shall be no presumption for or against agency action in any civil proceeding arising under the antidumping or countervailing duty provisions of the Tariff Act of 1930. Permits the administering authority to extend the deadline for a final determination in a countervailing duty investigation to the date of its final determination in an antidumping duty investigation if an antidumping duty investigation is initiated simultaneously with the countervailing duty investigation. Adds definitions of "negative determination" and of "affirmative determination" with respect to antidumping and countervailing duty determinations. Authorizes the administering authority to suspend a countervailing duty investigation if the subsidizing government or the exporters who account for substantially all of the imports of the merchandise subject to the investigation agree: (1) to eliminate the subsidy program completely within six months, except that the administering authority shall not accept an agreement unless the suppression or undercutting of price levels of domestic products by imports of that merchandise will be prevented; or (2) to cease exports of that merchandise to the United States within six months. Authorizes the administering authority, for the purpose of determining the net subsidy, to subtract from the gross subsidy only the amount of: (1) any payment made to qualify for or to receive the benefit of the subsidy; and (2) any loss in the value of the subsidy resulting from its deferred receipt if the deferral is mandated by Government order. Changes the definition of "subsidy" to include a domestic subsidy provided directly or indirectly to a supplier of any input to the class or kind of merchandise imported into the United States. Amends the Trade Agreements Act of 1979 to require the ITC to review countervailing duty orders, upon request, if the request is received before a countervailing duty petition is filed with the administration authority. Amends the Tariff Act of 1930 to prohibit designating a country as a country under the Agreement on Subsidies and Countervailing Measures until the country has committed itself under the General Agreement on Tariffs and Trade to eliminate its export subsidies. Permits countries which are beneficiary developing countries under the Trade Act of 1974 to be designated as countries under the Agreement if, in lieu of such commitment such country agrees: (1) to phase out existing export subsidies within five years; (2) not to increase existing export subsidies, nor extend such subsidies to new merchandise, nor introduce new export subsidies; and (3) to eliminate within one year export subsidies on merchandise which the ITC determines is either produced by an import sensitive U.S. industry or already competitive in the U.S. market and would be competitive in the absence of export subsidies. Requires the President to review the status of and compliance with such agreements at least once during each 12-month period following the date on which the agreement becomes effective and upon the request of certain interested parties. Sets forth the effect of a finding by the President that a country designated as "a country under the Agreement" has not honored its commitments relating to eliminating subsidies. Requires that a countervailing duty order shall presumptively apply to all merchandise of the class of kind which have been determined to materially injure U.S. industries and which are exported from the country investigated, except that differing duties may be imposed if the administering authority determines that there is a significant differential between companies receiving subsidy benefits or if a State-owned enterprise is involved. Adds to the definition of "subsidy" specified programs and protections when used as part of a program to develop a significant export capability in a particular product sector. Requires that the foreign market value of the merchandise under investigation shall be the constructed value of the merchandise if the administering authority determines that the cost to the foreign producer of any foreign material incorporated in the merchandise under investigation is unreasonable. Requires that the cost of such preference or subsidy shall be included in the constructed value of the imported merchandise. Authorizes the administering authority to accept an agreement to restrict the volume of imports of merchandise into the United States (with either the government of the country where the merchandise which is being investigated is produced or with the exporters of such merchandise who account for substantially all the imports of such merchandise) if the agreement will eliminate completely the injurious effect of such imports. Authorizes the administering authority to prescribe regulations governing the entry or withdrawal from warehouse for consumption of merchandise covered by: (1) agreements to eliminate completely sales at less than fair value or to cease exports of merchandise; or (2) agreements to eliminate injurious effect. Requires the administering authority to have received the written consent of the petitioner before suspending an antidumping or countervailing duty investigation. Prohibits making an adjustment to the foreign market value of an import for specified differences in circumstances of sale or discounts. Requires the purchase price and exporter's sales price to be adjusted by being reduced by, among other costs, the costs relating to the circumstances of sale. Requires that "cost relating to" circumstances of sale rather than "differences in" circumstances of sale shall be taken into account if they cause a difference between the U.S. price and the foreign market value of the merchandise. Requires that the foreign market value of imported merchandise shall be the weighted average price of all sales or offers for sale of such merchandise subject to specified conditions. Prohibits the administering authority from using items selected by foreign manufacturers, producers, or exporters, or the U.S. importers of merchandise under investigation when the authority uses averaging or sampling techniques to determine the foreign market value of such merchandise. Revises the definition of sales at less than the costs of production to include sales through a related party if such sales are made below the cost of production including related party marketing costs. Requires such sales to be disregarded in determining foreign market value if they have been made over an extended period of time and in substantial quantities. (Current law requires that such sales, in order to be disregarded must also have been at prices which do not permit recovery of all costs within a reasonable period of time in the normal course of trade.) Includes within the definition of "exporter" for purposes of determining U.S. price, any person who owns or controls five percent (currently 20 percent) or more of the voting power or control in the business carried on by the person by whom or for whose account the merchandise is imported into the United States and also five percent (currently 20 percent) or more of such power or control in the business of the exporter, manufacturer, or producer. Requires that any differences between the U.S. price and the foreign market value of imported merchandise which are due to circumstances of sales shall reflect the actual selling expenses incurred by the purchasers in their markets. Repeals the provision for posting security in lieu of estimated antidumping duties pending an early determination of the antidumping duty. Authorizes the administering authority, upon request by an interested party, to negotiate settlement agreements the implementation of which shall be subject to the withdrawal of the petitions resulting in the antidumping or countervailing duty investigation. Provides for the enforcement of such agreements. Title II: Escape Clause - Amends the Trade Act of 1974 to authorize an entity which is representative of an industry (including an industry which produces parts irrevocably destined for incorporation in an article like or directly competitve with an imported article) to petition the ITC for import relief. Requires that the ITC, in determining whether increased imports of an article are causing or threatening serious injury to domestic industries, shall take into account whether the article under investigation is incorporated in an imported article. Deletes the provision which defines "substantial cause" for purposes of injury determination as a cause which is important and not less than any other cause. Requires that the ITC, whenever it has reason to believe that the increased imports are attributable to circumstances which come within the purview of other remedial provisions of law, shall promptly notify the appropriate agency and such agency shall initiate the appropriate action. Requires that an affirmative determination of serious injury under this title shall be considered to be an affirmative determination of material injury under other remedial provisions of law if the affirmative determination of serious injury has been made within 12 months of the date on which the petition was filed under the other statutes. Requires that the ITC, if it finds that a serious injury or the threat of a serious injury exists, shall, in order to prevent or remedy such injury: (1) find the amount of increase in or imposition of any duty; (2) determine a tariff rate quota on such article; (3) determine the quantitative import restriction on the import into the United States of such article; or (4) recommend any combination of such actions. Requires at least six months to elapse between investigations of import injury. Requires the ITC to determine, within 45 days of the filing of a petition, whether or not a reasonable indication that conditions for an affirmative finding of serious import injury exist if a petitioner alleges that imports of an article have increased by more than ten percent in volume or 20 percent relative to domestic production in the previous 12 months. Requires the Commissioner of Customs, if the ITC makes an affirmative determination of such indication, to order the suspension of liquidation of entry of such articles. Requires the suspension to continue until: (1) the ITC makes a negative determination of serious injury; or (2) import relief actions take effect. Requires an additional duty to be imposed on any article that is subject to a suspension of liquidation of entry if the ITC makes an affirmative determination of import injury. Deletes the provision authorizing the President to grant trade adjustment assistance instead of import relief to an industry which has been seriously injured by imports. Directs the President, if the President finds that it is in the national economic interest to provide import relief, to either place into effect the determination of the ITC or to negotiate one or more orderly marketing agreements pursuant to the ITC's determination. Requires the President, if the President determines that the import relief recommended by the ITC is not in the national economic interest and that there are alternatives which offset the injury to the same extent as the ITC's recommendations, to transmit to Congress a document setting forth: (1) such determination; (2) the reasons why the ITC's recommendation is not in the national economic interest; (3) other information with respect to the alternatives; and (4) proposed legislation to implement the President's recommendation. Provides for expedited consideration of the President's proposal in the Congress. Requires the President, within 31 days of the submission of such proposal to Congress to: (1) proclaim the actions recommended by the ITC if Congress does not enact the President's proposal; or (2) take the action recommended in the President's proposal. Requires that the import relief proclamation, if it provides for the imposition of or an increase in the rate of duty, shall also provide for periodic review and adjustment of the duty rate in order to maintain substantially the same amount of import relief that has been proclaimed. Requires that bilateral or multilateral orderly marketing agreements negotiated by the President shall limit the export from foreign countries and the import into the United States of articles subject to the import relief proclamation. Prohibits an orderly marketing agreement from becoming effective unless the ITC determines that it provides at least the same level and duration of import relief as found by the ITC to be necessary. Requires the President to proclaim the import relief found by the ITC if the ITC finds that the orderly marketing agreement does not provide the necessary import relief or if the ITC is evenly divided on the question. Requires the import relief to last for not less than five years and not more than ten years. (Current law terminates import relief after five years unless renewed.) Authorizes the import relief to be phased down during the period of such relief but only after the first three years have elapsed. Deletes the provisions providing for extension of import relief. Authorizes the President to reduce or terminate import relief but only after at least five years have elapsed. Requires at least one year to elapse between the end of a period of import relief with respect to an article and the beginning of a new investigation into import relief with respect to such article. (Current law requires two years to elapse between investigations.) Title III: Enforcement of United States Rights - Authorizes the administering authority, based upon information available to it or upon a petition filed with it, to initiate investigations relating to the enforcement of U.S. rights under trade agreements and relating to the U.S. response to certain unfair foreign trade practices. (Current law authorizes the President to begin such investigations.) Authorizes the administering authority to take specified steps to enforce such rights or to respond to the foreign trade practices. Declares that a foreign practice that denies fair and equitable market opportunities to U.S. goods or services or denies to U.S. businesses fair and equitable opportunities for the establishment of an enterprise shall be considered an unreasonable practice which burdens U.S. commerce. Declares that foreign industrial targeting of a specific sector or sectors of the economy shall be considered an unreasonable practice that burdens U.S. commerce. Requires the administering authority to take action if a foreign government has engaged in industrial targeting which causes or threatens to cause material injury to a U.S. industry or which materially retards the establishment of an industry in the United States. Authorizes any interested person to file a petition with the administering authority requesting action to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Requires the administering authority to review the sufficiency of the allegations of the petition within 20 days of its filing date. Requires the administering authority, if it finds that the petition provides the basis for action, to publish the petition and provide an opportunity for hearing. Requires the administering authority, if it finds no basis for action in the petition, to reject the petition and inform the petitioner of the reasons for the rejection. Deletes the provision requiring consultation with the affected foreign country regarding issues raised by the petition. Directs the administering authority to present questionnaires to the affected foreign governments and foreign enterprises to develop information about the allegations. Requires the administering authority to verify the information provided by such governments and enterprises and relied upon by the administering authority. Requires the final determination of the administering authority to be based upon the best information available if the foreign governments or entities do not respond to the questionnaires or if the responses cannot be verified. Requires the administering authority to issue a preliminary determination within five months of the initiation of the investigation. Requires the administering authority, if the preliminary determination is affirmative, to take specified actions on a provisional basis. Requires the administering authority to make a final determination within 11 months of the initiation of the investigation. Requires specified actions to be taken within 30 days if the final determination is affirmative. Requires the administering authority to consult closely with the petitioner on the nature of the action taken. Directs the administering authority to make confidential information submitted during an investigation available upon request. Prohibits disclosing customer names and the identity of market research organizations. Authorizes the administering authority, if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove an action taken by the United States, to modify or terminate the action or take such other action as it deems appropriate to compensate an adversely affected foreign country. Defines "administering authority" to mean the U.S. Trade Representative or any other U.S. officer to whom the responsibilities of the administering authority under this title are transferred by law. Requires the administering authority to collect data on foreign nontariff trade barriers, foreign barriers to investment, and foreign government programs to promote particular industries. Requires the administering authority to report quarterly to Congress on the information collected. Provides for judicial review of determinations of the administering authority by the U.S. Court of International Trade. Requires the Court to hold unlawful any determination found to be unsupported by substantial evidence on the record or otherwise not in accordance with law. Title IV: Private Remedies - Amends the Revenue Act of 1916 to permit a civil suit against manufacturers, exporters, or importers of an article if: (1) the article is manufactured or produced in a foreign country and imported or sold within the United States at a price less than the foreign market value or constructed value of such article; (2) the importation or sales cause or threaten material injury to U.S. industry or labor or prevent the establishment or modernization of any industry in the United States; and (3) the person filing the suit is injured in business or property because of the importation or sale. Authorizes a plaintiff, if a defendant is found liable, to recover the costs of the action, damages for the injury sustained, or appropriate equitable relief. (Current law provides for criminal penalties and treble damages in civil suits.) Declares that the standard of proof in such actions is the preponderance of the evidence. Grants subpoena power to the district court involved in the case. Makes the District Director of the U.S. Customs Service for the port through which the article is commonly imported the agent of the manufacturer or exporter for service of process. Imposes a four year statute of limitation on such actions. Supends the running of the statute of limitation during certain administrative proceedings under the Tariff Act of 1930. Authorizes the court to enjoin further importation, sale, or distribution of the article or take any other action authorized by the Federal Rules of Civil Procedure if the defendant fails to comply with court orders. Preserves the confidentiality of information used in such action. Requires such an action to be expedited in every way possible. Includes within the foreign market value or constructed value of the article any subsidy provided to the manufacturer, producer, or exporter of the article. Expresses the sense of the Congress that the provisions of this title are consistent with the GATT. Title V: Miscellaneous - Sets forth the effective date of this Act.
United States · United States Congress · 6 October 1983
Designates the week beginning November 6, 1983, as Florence Crittenton Mission Week.
United States · United States Congress · 6 October 1983
Expresses the sense of the House of Representatives that: (1) the President should give priority attention, in discussions with the Japanese, to the realignment of the yen-dollar exchange rates and to achieving greater equilibrium in the flow of goods, services, and investments between the two countries; and (2) measures to achieve such equilibrium should include mechanisms for close consultations and policy coordination in order to maintain acceptable fluctuations in the value of the yen, reduce disparities in the interest-rate levels, and allow equivalent access of foreign investors to domestic capital markets.
United States · United States Congress · 5 October 1983
Synthetic Fuels Corporation Fiscal Accountability Act of 1983 - Amends the Energy Security Act to prohibit the U.S. Synthetic Fuels Corporation from making new awards of financial assistance after the date of the enactment of this Act and before the date on which the Corporation's comprehensive strategy for achieving the national synthetic fuel production goal is approved by Congress. Makes limitations on Corporation construction projects effective upon the enactment of this Act rather than upon approval of the comprehensive strategy as provided under current law.
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.