United States · United States Congress · 15 March 1984
Human Services Amendments of 1984 - Title I: Project Head Start - Amends the Head Start Act to direct the Secretary of Health and Human Services ("the Secretary," for purposes of this title) to administer Project Head Start through the Administration for Children, Youth, and Families within the Department of Health and Human Services. Makes technical amendments to such Act. Authorizes appropriations for the Head Start program for FY 1985 through 1989. Requires the Secretary to reserve for training and technical assistance for each fiscal year funds which are not less than the amount spent for such activities under such Act in FY 1982. Prohibits funds reserved for discretionary payments by the Secretary under such Act from being combined with funds appropriated under any other Act if the purposes of combining funds is to make a single discretionary grant or a single discretionary payment. Requires the Secretary to designate as Head Start agencies any local public or private nonprofit agency in a community if such agency: (1) was receiving funds under any Head Start program on August 31, 1981; and (2) meets program and fiscal requirements established by the Secretary. (Under current law, the Secretary is required to give priority in the designation of Head Start agencies to such local agencies.) Authorizes the Secretary to designate a Head Start agency from among qualified applicants in a community if there is no Head Start agency or program serving such community. Requires that any such designation be governed by the program and fiscal requirements, criteria, and standards applicable on September 1, 1983, to then existing Head Start agencies. Requires that specified provisions relating to designation of Head Start agencies be carried out in FY 1985 through 1989 in accordance with the rules issued under such provisions by the Secretary as in effect on September 1, 1983. Permits each Head Start program operated in a community to provide services to any eligible child for any period from age three to the age of compulsory school attendance in the State where the program operates. Requires the Secretary to provide technical assistance and training in connection with Head Start programs. (Under current law, the Secretary is authorized to provide such assistance and training.) Requires that such training activities include: (1) a national child development associate training and assessment program providing the necessary credentials for such personnel; and (2) training, including resource access projects, which improves the ability of such personnel to provide Head Start services to handicapped children. Prohibits funds for Head Start research, demonstration, and pilot projects from being combined with funds available to carry out any other provision of law if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment to a recipient of such funds. Prohibits any revision in Head Start performance standards which would result in either the elimination of, or the reduction in the scope of, types of health, education, parent involvement, social, or other services required by the performance standards issued by the Secretary as in effect on November 2, 1978. Title II: Follow Through Programs - Amends the Follow Through Act to: (1) increase the authorization of appropriations for the Follow Through program for FY 1984; and (2) authorize appropriations for such program for FY 1985 through 1989. Requires the Secretary of Education ("the Secretary," for purposes of this title) to provide financial assistance for research, demonstration, and pilot projects relating to the Follow Through program. (Under current law, the Secretary is authorized to provide such assistance.) Requires that such projects be designed to test or assist in the development of new approaches or methods that will aid in overcoming the special problems of primarily low-income children previously enrolled in Head Start or similar programs to develop to their full potential in kindergarten and the primary grades. Directs the Secretary to provide for a review and analysis of all previous evaluations and reports made in connection with all Follow Through programs and projects authorized by any Act of Congress in effect after August 20, 1964, and to provide a comprehensive evaluative report to the President and Congress by January 30, 1988. Makes a technical amendment which repeals the applicability of specified Head Start Act provisions to the Follow Through Act. Adds provisions for child care information and referral services to the Follow Through Act. (Entitles such provisions as the "Child Care Information and Referral Services Act.") Directs the Secretary of Health and Human Services, through the Administration for Children, Youth, and Families, to make grants to assist public or private nonprofit organizations to establish and operate community-based child care information and referral centers. Sets forth grant application requirements. Requires that grant recipients be selected through a competitive process, taking into consideration the demonstrated ability of applicants to provide such services, and giving priority to applicants for grants of less than $75,000. Requires an applicant to make specified assurances, including an assurance that it shall obtain certain percentages of its projected budget through non-Federal sources of funding during the grant period. Limits to five years the aggregate period for which such grants may be made to any single center. Sets reporting requirements for centers receiving such grants. Directs the Secretary of Health and Human Services to report annually to specified congressional committees on activities under such child care information and referral services provisions. Authorizes appropriations for FY 1985 through 1989 for such child care information and referral services. Makes specified provisions for administration of the Head Start program applicable to the administration of such child information and referral services program. Title III: Community Services Programs - Amends the Community Services Block Grant Act to: (1) increase the authorization of appropriations for FY 1984 through 1986 for community services grants to States to ameliorate the causes of poverty in communities; and (2) authorize appropriations for FY 1987 through 1989 for such grants. Revises grant application provisions to require States to assure that: (1) at least 85 percent of the State allotment will be used for grants to community action agencies (or to organizations serving seasonal or migrant farmworkers) for specified purposes; and (2) the remainder will be used to make grants to local governments (or to specified types of nonprofit private community organizations or to migrant and seasonal farm worker organizations) for such specified purposes. Includes services under the Temporary Emergency Food Assistance Act of 1983 among those activities to which a State may transfer funds from a portion of its community services grant allotment. Authorizes a State, whenever it determines that a local government, or a combination of local governments, is not served by a community action agency, to: (1) use funds earmarked for grants to local governments through an existing community action agency to provide such services; or (2) if that is not feasible, establish a new community action agency to provide such services. Authorizes the Secretary of Health and Human Services ("the Secretary," for purposes of this title) to waive for any State specified limitations relating to eligibility to receive grants, under specified conditions. Directs the Secretary to: (1) conduct, in several States in each fiscal year, evaluations of the uses made of community services block grants; and (2) annually submit the results of such evaluations to specified congressional committees. Provides that the Office of Community Services within the Department of Health and Human Services shall be headed by an Assistant Secretary who shall be appointed by the President by and with the advice and consent of the Senate. Revises provisions relating to investigations conducted by the Secretary and the Comptroller General of the use of community service grant funds. Makes such investigations by the Comptroller General mandatory. Repeals a prohibition against the Secretary either requesting information not readily available to a State or requiring that any information be compiled, collected, or transmitted in any new form not already available. Requires the Secretary to provide for specified training and other ongoing activities of national or regional significance related to the purposes of the community services grants program, including certain special emphasis programs. (Under current law the Secretary has discretionary authority to provide for such training and other activities.) Adds to the list of such special emphasis programs specified types of programs for community food and nutrition and for senior opportunities and services which are described under specified provisions of the Economic Opportunity Act of 1964, as in effect on August 12, 1981. Authorizes appropriations for FY 1985 through 1989 for Native American programs under title VIII (the "Native American Programs Act of 1974") of the Economic Opportunity Act of 1964. Title IV: Conforming Amendments; Effective Date - Makes conforming amendments to other Federal laws. Makes references to the Assistant Secretary of the Office of Community Services in the Older American Community Services Employment Act. Makes the effective date of this Act the date of enactment or October 1, 1984, whichever occurs later.
United States · United States Congress · 15 March 1984
Hunger Relief Act of 1984 - Title I: Food Stamp and Related Provisions - Amends the Food Stamp Act of 1977 to make homeless persons eligible to participate in the food stamp program (program). Requires State agencies to develop related certification and issuance procedures. Increases the cost of the thrifty food plan to the full cost of the plan as of June 30, 1983. Revises the definition of "disabled" to include certain persons receiving benefits under the Railroad Retirement Act or persons receiving Supplemental Security Income (SSI) disabled benefits. Makes households each of whose members receive SSI or Aid to Families with Dependent Children (AFDC) categorically eligible for program participation. States that denial of eligibility or termination of benefits from such programs can not be a basis for denial of food stamp eligibility or termination of benefits. Excludes loan origination fees and insurance premiums from program "income." Increases the earned income deduction from 18 to 20 percent. Separates (presently combined) dependent care and excess shelter expense deductions. Provides for an educational deduction. Grants States the option of calculating income either prospectively or retrospectively. Increases the resources limitation from $1500 to $2500, and from $3000 to $3500 for the elderly and disabled. Increases the threshhold for accounting a vehicle's value against resources from $4500 to $5500. Permits States to stagger coupon issuance. Requires the Secretary of Agriculture to send Food Stamp Disaster Task Force members to oversee the program in the event of a natural disaster. Directs State agencies to periodically assess the need to keep food stamp offices open during weekend or evening hours. Requires the Secretary to encourage State agencies to disseminate program information. Provides administrative matching funds. Directs State agencies to implement job search activities. Obligates $50,000,000 beginning with FY 1985 for such costs, and provides for 50 percent reimbursement for State expenses: (1) in excess of such $50,000,000; and (2) for participant reimbursement. Requires the Secretary to monitor such programs. Establishes a four-year (FY 1985 through 1989) rural Alaskan food assistance pilot program. Sets forth program provisions. Requires program reports to the House and Senate Agriculture committees by March 1, 1988, and 1989, respectively. Requires the Secretary to issue rural Alaskan thrifty food plan adjustment regulations within ten days. Amends the Agriculture and Consumer Protection Act of 1973 to permit local programs to provide supplemental commodities to the elderly under terms prescribed by the Secretary. Prohibits any resulting reduction in assistance to women, infants, and children (WIC program). Authorizes FY 1985 and 1986 Federal Emergency Management Agency appropriations for an emergency food program. Requires the Director of such Agency to constitute a national board to administer such program. Authorizes the Commodity Credit Corporation to purchase and deliver commodities for such program. Title II: Nutrition Monitoring - Requires the Secretary to: (1) develop and implement by October 1, 1985, a continuous food consumption and expenditures survey of a representative sample of low-income persons in the United States; (2) conduct, beginning with FY 1986, a survey of a supplemental representative sample of at least one low-income subgroup; and (3) submit an interim report by April 1, 1986, and annual reports thereafter to specified congressional committees. Directs the Secretary to: (1) provide States with technical assistance to establish nutrition monitoring systems; (2) encourage research on standards and technologies for nutrition monitoring; and (3) maintain and update the Department of Agriculture (USDA) nutrient data base. Title III: Nutrition and Consumer Education - Directs the Secretary to provide States with technical and grant assistance for low-income consumer education programs. Administers such programs through the USDA's Food and Nutrition Service. Requires annual program reports to specified congressional committees. Sets forth State program requirements. Authorizes FY 1985 through 1989 appropriations. Authorizes the Secretary to set aside specified amounts for use in Puerto Rico, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. Title IV: School Lunch and Child Nutrition Amendments - Amends the Child Nutrition Act of 1966 and the National School Lunch Act to reduce the students' cost of a reduced price lunch from 40 cents to 25 cents, and of a reduced price breakfast from 30 cents to 15 cents. Increases reduced meal income eligibility limits from 185 percent to 195 percent of the poverty level. Provides an additional six cents per breakfast to increase the nutritional quality of such program. Requires the Secretary of Agriculture to promulgate related nutritional improvement regulations. Raises the program tuition limit for private schools from $1500 to $2500. Requires annual inflation adjustments. Increases the number of reimbursable meals and snacks under the child care food program. Increases FY 1984 authorization of appropriations for nutrition education and training. Excludes certain medical expenses from household income for program eligibility purposes. Eliminates the requirement that free meal eligibility be the same as that required for food stamp eligibility. Makes kindergartens in specified schools eligible for the special milk program. Makes permanent authorizations of appropriations for: (1) the WIC program; (2) State administrative expenses; (3) nutrition education and training; (4) the childrens' summer food and service program; and (5) the commodity distribution program. Title V: Older Americans Act Amendments - Amends the Older Americans Act of 1965 to authorize FY 1985 through 1987 appropriations for: (1) congregate feeding; (2) home delivered meals; and (3) surplus commodities.
United States · United States Congress · 8 March 1984
Fair Trade in Steel Act of 1984 - Declares that it is the policy of Congress that access to the U.S. market for foreign-produced carbon, alloy, and specialty steel mill products should be on an equitable basis to safeguard national security, insure orderly trade in steel mill products, reduce unfair trade in steel mill products, and alleviate U.S. balance-of-payments problems. Expresses the intent of Congress to: (1) expand the economic viability of the U.S. steel industry and the jobs of its workers; (2) prevent the further decline of the domestic steel industry; and (3) temper the economic hardships resulting from unemployment in steel industry communities by encouraging reinvestment in existing steelmaking facilities. Limits annual imports of specified steel mill product categories to specified percentages of the apparent domestic supply which are based on adjusted average import penetration levels for each such product category for the years 1979, 1980, and 1981. Directs the Secretary of Commerce to allocate global product limitations among foreign countries, groups of countries, or areas. Sets forth guidelines for making such allocations. Requires the Secretary to make an annual determination of the expected apparent domestic supply in each steel mill product category. Requires the Secretary to revise such determination periodically during the year. Directs the Secretary to determine, within 90 days after the effective date of this Act, whether the steel industry companies have plans to use substantially all of the cash flow from the steel sector for reinvestment in and the modernization of the steel sector. Prohibits the import restrictions from taking effect until the Secretary determines that the steel companies have such plans. Directs the Secretary to monitor steel sector investments made and announced by the steel industry and to consult with steel industry representatives and employees in the course of such monitoring. Directs the Secretary to determine annually whether steel companies are using substantially all the cash flow from the steel sector for reinvestment in and modernization of the steel sector. Directs the Secretary to modify or suspend the relevant import restrictions if the Secretary determines that substantially less than all the cash flow from the steel sector is being used for such reinvestment and modernization and that the level of investment is not demonstrably justified by adverse financial conditions within the industry. Directs the Secretary to publish: (1) each annual determination and its rationale; and (2) the total amount of cash flow from the steel sector and the total amount used for reinvestment in and modernization of the steel sector. Requires the steel companies to provide the Secretary with the information necessary for making such determinations. Directs the Secretary to examine the supply and demand situation in the United States for a specified steel product category if requested by affected steel consumers. Sets forth criteria to be used in determining short supply. Directs the Secretary to monitor imports of fabricated steel mill products. Sets forth the method of investigating whether imports of fabricated steel products are rendering ineffective or materially interfering with the objectives of this Act. Limits the quantity of iron ore that may be entered from all sources during any calendar year after the effective date of this Act. Directs the Secretary to allocate global iron ore limitations among foreign countries, groups of countries or areas. Sets forth guidelines for making such allocation. Directs the Secretary, in making such allocations, to attempt first to accommodate the requirements of individual steel mills which have been traditionally dependent on ocean sourced foreign iron ore and the requirements of contractual obligations incurred before January 1, 1984. Authorizes the Secretary to waive the import restrictions on iron ore if necessary to meet the needs of such individual steel mills. Provides for the enforcement and implementation of this Act.
United States · United States Congress · 8 March 1984
Employee Stock Ownership Act of 1984 - Amends the Internal Revenue Code to provide for the nonrecognition of gain on stock sold to: (1) an employee stock ownership plan; (2) a tax credit employee stock ownership plan; or (3) an eligible worker-owned cooperative, if within a specified period of time qualified replacement property is purchased by the taxpayer. Defines "qualified replacement property" as any security issued by a domestic corporation: (1) which does not have passive investment income in excess of a specified limitation; and (2) the equity capital of which does not exceed $10,000,000. Allows an income tax deduction for cash dividends paid with respect to employer stock which is held by a tax credit employee stock ownership plan or an employee stock ownership plan which is a stock bonus plan. Extends the partial exclusion for dividends received to such amounts. Excludes from gross income 50 percent of interest received by a bank, an insurance company, or other lender on loans used by an employee stock ownership plan to acquire employer securities. Provides for a reduction in the capital gains tax with respect to sales of stock in employee-owned corporations. Sets forth special rules for the calculation of such reduction. Relieves an estate of liability for payment of the estate tax to the extent that amounts of the tax are attributable to employer securities transferred to an employee stock ownership plan pursuant to a written agreement guaranteeing that the tax will be paid by the plan in an amount equal to the lesser of: (1) the amount of the tax imposed upon the acquired employer securities; or (2) the amount of the tax imposed on the gross estate reduced by the sum of allowable credits. Permits the payment of such tax in installments. Exempts such transfers from the tax on prohibited transactions. Treats as charitable contributions eligible for a tax deduction certain contributions to an employee stock ownership plan. Specifies a qualification test for contributions to receive such treatment. Allows certain small business corporations (subchapter S corporations) to maintain a tax credit employee stock ownership plan or an employee stock ownership plan. Permits recaptured employee stock ownership plan investment tax credits to be used to reduce contributions to payroll based tax credit employee stock ownership plans.
United States · United States Congress · 5 March 1984
Youth Incentive Employment Act - Establishes a program to provide part-time school year employment and full-time (or part-time with training) summer employment to economically disadvantaged youths who pursue further education and training. Provides that an individual may qualify to be an eligible youth for program participation purposes if such individual: (1) is 16 to 19 years of age, inclusive, at the time of assignment to a worksite; (2) is economically disadvantaged; (3) is not employed; (4) resides in the service delivery area (SDA) of the administering entity; and (5) has entered into a commitment to pursue further education and training. Requires such individuals to sign a written commitment to: (1) attend either a secondary school for a diploma, an alternative education program for a high school equivalency certificate, a remedial education program, or a skill training program; and (2) meet attendance and performance standards of such school or program and at the worksite to which the individual is referred for employment under this Act. Gives priority for selection under youth incentive plans to eligible youths with documented educational deficiencies. Terminates an individual's status as an eligible youth upon a finding by the administering entity, after an opportunity for a hearing, that the individual has failed to comply with the commitment. Requires that funds provided under this Act be used to establish and assist programs which assist eligible youth with qualifying employment in the form of: (1) part-time employment during the regular school year, not to exceed 20 hours per week; (2) part-time employment, during the months between regular school years, which is combined with remediation, classroom instruction, or on-the-job or apprenticeship training; and (3) full-time employment for a period of at least eight weeks during the months between regular school years, not to exceed 40 hours per week. Permits funds provided under this Act to be used to pay up to the following percentages of the wages and benefits and the costs of any employer-provided instruction and training of an eligible youth: (1) 100 percent during the first six months of qualifying employment; and (2) 75 percent during any succeeding months of such qualifying employment. Prohibits the use of funds provided under this Act to pay any portion of the wages and benefits of any individual: (1) for full-time employment during the months between the regular school year with a for-profit institution or organization unless such employment is a continuation of employment with that employer during the regular school year; or (2) if the employer has failed to develop or enforce attendance and performance standards consistent with youth incentive plan provisions. Sets forth general requirements for receipt and restrictions on the use of funds under this Act. Provides that the administering entity for any SDA under this Act is the same entity selected to administer the job training plan for that SDA pursuant to the Job Training Partnership Act (JTPA). Requires administering entities to: (1) develop and submit to the Secretary of Labor a youth incentive employment plan; and (2) provide from other Federal or State sources, or from local public or private sources, at least 20 percent of program costs for each program year, in cash or in kind. Requires that, of the funds provided to an administering entity for any program year under this Act: (1) at least 70 percent be expended for wages and benefits for qualifying employment, and child care, transportation, or other supportive service expenses for individuals engaged in such employment; (2) not more than 15 percent be used for the cost of administering programs under this Act; and (3) any remainder be used for worksite supervision, supplies, training aids and alternative or remedial education expenses. Sets forth requirements relating to youth incentive plans. Requires such plan to contain specified provisions, including: (1) provision for outreach services and programs to encourage participation in qualifying employment by eligible youths who are school dropouts, as well as by inschool youths; (2) assurances that special efforts will be made to recruit youth from families receiving public assistance, including parents of dependent children who meet the age requirement of this Act; and (3) a description of any arrangements made with labor organizations to enable youths to enter into apprenticeship training as part of employment provided under this Act. Requires that such plans, before they are submitted to the Secretary, be: (1) approved by the appropriate chief elected officials and the private industry council for the SDA; and (2) submitted for review and comment to the State job training coordinating council, and include any comments of such council and any reasons for nonconformance with such council's suggestions. Directs the Secretary to: (1) approve any plan submitted in compliance with the requirements of this Act; and (2) only disapprove a plan after notice and opportunity for a hearing to the administering entity. Sets forth special conditions relating to activities using funds under this Act. Requires that wage rates under this Act be the higher of the applicable minimum wage or the prevailing rate of pay for individuals employed in similar positions by the same employer, with specified exceptions in cases of labor organization representation. Authorizes the Secretary to prescribe wage rates within specified limits for youth participants for projects financed under $5,000 to which Davis-Bacon Act provisions would otherwise apply. Authorizes appropriations for FY 1985 and succeeding fiscal years for allocation to administering entities for programs under this Act. Directs the Secretary to reserve a specified amount of such appropriations for allotment among Native American eligible entities, on an equitable basis, taking into account the extent to which regular employment opportunities have been lacking for long-term periods among individuals within the jurisdiction of such entities. Requires that the remainder be allocated among administering entities that have in effect an approved youth incentive plan on the basis of numbers in each SDA of: (1) economically disadvantaged youth; (2) unemployed residents; and (3) excess unemployed residents (i.e. those in excess of six and one-half percent of the civilian labor force in the SDA). Requires that such allocations to an administering entity for an SDA be paid to the JTPA grant recipient for that SDA. Provides for a program year basis for funding beginning with FY 1986. Makes FY 1985 appropriations available both to funds activities for the period between October 1, 1984, and July 1, 1985, and for the program year beginning July 1, 1985. Authorizes additional appropriations for the transition to program year funding. Makes specified administrative and enforcement provisions of JTPA applicable to programs under this Act. Requires the administering entity to make quarterly reports to the Secretary on the youth incentive projects authorized under this Act. Requires such reports to include specified topics. Directs the Secretary to compile such reports and submit a summary of the findings to the Congress in the annual report for employment and training programs required under JTPA.
United States · United States Congress · 1 March 1984
Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to authorize the Administrator of the Environmental Protection Agency to undertake a study on consumptive uses of Great Lakes water. Authorizes the Administrator to conduct such study, in cooperation with other interested Federal agencies and the eight Great Lake States and their local governments, of all possible control measures which can be implemented to reduce the quantity of Great Lakes water consumed without adversely affecting the projected growth of the Great Lakes region. Requires that such study include an analysis of both existing and new technology which appears to be feasible in the foreseeable future. Requires that such study include at a minimum: (1) a review of methodologies used to forecast Great Lakes consumptive uses; (2) a discussion of environmental and economic impacts associated with various types of cooling systems for thermal electric generating plants; (3) an analysis of the effect of laws, regulations, and national policy objectives on consumptive uses of Great Lakes water used in manufacturing; (4) an analysis of the economic effects on a consuming industry and other Great Lakes interests associated with a particular consumptive use control strategy; (5) an analysis of associated environmental impacts, both singularly and in combination with other consumptive use control strategies; and (6) a summary discussion of recommendations of methods of controlling consumptive uses so as to maximize benefits to the Great Lakes ecosystem and also provide for continued full economic growth for consuming industries as well as other industries which depend on the use of Great Lakes water. Authorizes appropriations for fiscal years beginning after September 30, 1984.
United States · United States Congress · 1 March 1984
Authorizes the President, on behalf of Congress, to present to Elie Wiesel a gold medal in recognition of his humanitarian efforts and outstanding contributions to world literature and human rights. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the public sale of bronze duplicates of such medal.
United States · United States Congress · 23 February 1984
Directs the President to: (1) secure from the Indochina nations a full accounting of Americans captured or missing as a result of the Vietnam conflict; and (2) work for the release of captive Americans and the return of the remains of those American servicemen and civilians who died in Southeast Asia. Requires the President to submit two reports to Congress on American POW/MIAs in Southeast Asia.
United States · United States Congress · 22 February 1984
Amends the Bankruptcy Code to permit a trustee to reject or assume a collective bargaining agreement made under the authority of title II of the Railway Labor Act or the National Labor Relations Act only if and after the court approves such rejection or assumption. Requires notice to all parties and a hearing before the court may approve such a rejection. Prohibits the court from approving the rejection of a collective bargaining agreement if, absent the rejection: (1) the jobs covered by such agreement will be lost; and (2) any financial reorganization of the debtor will fail. Declares that a rejection of a collective bargaining agreement constitutes a breach at the time of such rejection. Declares that no provision of this Act shall be construed to permit the trustee unilaterally to terminate or alter any of the terms and conditions of such a collective bargaining agreement.
United States · United States Congress · 9 February 1984
Methanol Energy Policy Act of 1984 - Title I: Methanol Demonstration Program for Federal Vehicles - Requires the Secretary of Energy to acquire at least 1,000 methanol-powered passenger automobiles during FY 1985 and conduct studies with respect to the performance and maintenance of such vehicles. Requires that methanol be offered for sale to the public for use in other vehicles through September 30, 1989. Authorizes the Secretary to provide Federal agencies with such methanol-powered vehicles at their request. Requires the agencies to cooperate with the Secretary in studies related to such vehicles. Sets forth reporting requirements which apply to the Secretary. Title II: Demonstration Program for Methanol- Powered Buses - Amends the Urban Mass Transportation Act of 1964 to permit State and local entities which are eligible for grants under any other provision of such Act to apply to the Secretary of Transportation for grants for the acquisition of methanol-powered buses. Requires grant recipients to participate in a demonstration program under which the Secretary shall conduct studies and tests with respect to the performance and maintenance of such buses. Authorizes appropriations for FY 1985 for supplemental grants. Authorizes appropriations for FY 1985 through 1989 for the demonstration program. Sets forth reporting requirements which apply to the Secretary. Title III: Interagency Commission on Methanol - Establishes the Interagency Commission on Methanol to develop and coordinate implementation of a national methanol energy policy. Requires the Commission to: (1) perform various studies with respect to the production, use, and promotion of methanol as a fuel; (2) develop a plan for the commercialization of methanol; (3) develop a public-awareness program on methanol as a transportation fuel; (4) coordinate Federal efforts with respect to methanol research and commercialization; and (5) ensure communication between Federal agencies involved in methanol demonstration projects and establish an information clearinghouse for parties working with or interested in methanol and related projects. Requires the Chairman of the Commission to establish a private sector advisory panel to inform the Commission about methanol-related matters. Sets forth reporting requirements which apply to the Commission. Terminates the Commission upon the submission of its last report. Authorizes appropriations for FY 1985 through 1989 to carry out this title. Title IV: Pipeline Study - Requires the Secretary of Transportation to study and report to Congress on the transportation of methanol through the interstate liquid pipeline system in the United States. Title V: Allocation of Highway Revenues - Provides that for purposes of the minimum allocation of highway revenues to States, the amount of estimated tax payments attributable to highway users in any State shall be increased by the estimated amount of tax such users would have paid if there were no special tax rate or tax exemption under the Internal Revenue Code for any liquid which is at least 85 percent methanol, ethanol, or other alcohol. Title VI: Tax Incentives for the Use of Methanol As A Fuel - Amends the Internal Revenue Code to allow a tax credit of $1,000 for each passenger automobile purchased by the taxpayer the primary fuel for which is methanol, which is domestically manufactured, and the original use of which commences with the taxpayer. Imposes a tax of four and a half cents a gallon in the case of methanol or ethanol fuel: (1) sold by a person to an operator of a motor vehicle or motorboat as fuel; or (2) used by any person as a fuel in a motor vehicle or motorboat unless there was already a taxable sale of such liquid. Permits a tax exemption for methanol produced from natural gas if such methanol is used for an off-highway business use.
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 · 9 February 1984
Authorizes the Law Enforcement Officers Memorial Fund, Incorporated to erect a National Law Enforcement Heroes Memorial on public grounds in the District of Columbia or its environs in honor and recognition of law enforcement officials in the United States who died in the line of duty. Directs the Secretary of the Interior, in consultation with the Fund, to select with the approval of the Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial other than expenses incurred in the process of site selection and approval of design and plans.
United States · United States Congress · 7 February 1984
Amends the Urban Mass Transportation Act of 1964 to require the obligation of Federal financial assistance after September 30, 1984, as follows: (1) 35 percent for the construction of new fixed guideway systems and extensions of such systems; and (2) 45 percent for rail modernization. Excludes from such assistance the construction of facilities for buses and other high occupancy vehicles.
United States · United States Congress · 7 February 1984
Amends the Small Business Act to provide for the guaranteed payment by the Administrator of the Small Business Administration (SBA) of trust certificates that are: (1) issued to persons approved under this Act; and (2) based on and backed by a trust composed of the portions of deferred participation and guaranteed loans which have been guaranteed by the SBA under the Small Business Act or the Small Business Investment Act of 1958. Prohibits any State, local, or Federal law from precluding or limiting the SBA from carrying out the provisions of this Act.
United States · United States Congress · 6 February 1984
Compassionate Pain Relief Act - Directs the Secretary of Health and Human Services to establish a 60-month program under which diacetylmorphine shall be made available through qualified pharmacies for the relief of pain from cancer. Directs the Secretary to provide for the manufacture of such drug. Permits physicians registered under the Controlled Substances Act to prescribe such drug. States that for purposes of such program the Federal Food, Drug, and Cosmetic Act and titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall not apply with respect to: (1) the importing of opium; and (2) the manufacture, distribution, and dispensing of diacetylmorphine. Requires: (1) the Secretary to make program reports to the appropriate congressional committees; and (2) the Comptroller General of the United States to make a four-year program report to such committees.
United States · United States Congress · 2 February 1984
Effective Schools Development in Education Act of 1984 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to promote more effective schools and excellence in education. Authorizes appropriations for FY 1985 through 1989 for such grants program. Allows program grants to be used to: (1) promote State educational agency (SEA) and local educational agency (LEA) awareness of effective schools information through conferences at schools and district and multidistrict offices and through onsite visits to model effective schools; (2) develop and implement systems of data collection, analysis, interpretation, and communication; (3) plan, review, and revise program activities; (4) support related effective schools efforts; (5) obtain technical assistance and consultant services from regional educational laboratories, research and development centers, institutions of higher education, and other nonprofit educational organizations; (6) design, develop, and publish educational materials on effective schools programs; (7) conduct program evaluations; and (8) otherwise identify, document, and disseminate information concerning exemplary effective schools programs. Requires that program grant applications by SEAs or LEAs demonstrate that: (1) the applicant has an effective schools improvement program in effect; (2) grant funds would be used to pay not more than one-half of the cost of any program or activity; (3) grant funds would be supplementary; and (4) independent annual evaluations will be conducted and reported. Directs the Secretary of Education, in selecting grant recipients, to: (1) consider the extent to which grant funds would be used to improve schools in districts with the greatest numbers or percentages of educationally deprived children and the extent to which the applicant's ongoing effective schools program has demonstrated the capacity to improve student achievement or behavior; (2) ensure reasonable geographic distribution of grants; and (3) designate grants as being available for a period of at least one but not more than three years. Sets forth provisions for technical assistance and program evaluation.
United States · United States Congress · 2 February 1984
International Trade Tax Act of 1984 - Amends the Internal Revenue Code to provide for the tax treatment of American International Trade Corporations (AITC) and exports of goods and services. Excludes from gross income the exempt foreign trade income of an American International Trade Corporation. Requires the allocation of the income tax deductions of an AITC to its exempt and nonexempt income. Limits the types of income tax credits which an AITC may claim. Treats the foreign trade income (other than exempt foreign trade income), investment income, and carrying charges of an AITC as U.S. source income, subject to the income tax. Defines an AITC as any corporation which: (1) was created under the laws of any foreign country or possession of the United States; (2) has no more than 25 shareholders at any time during the taxable year; (3) has no preferred stock; (4) maintains its records and a permanent office outside the United States; (5) has at least one member of the board of directors who is not a resident of the United States; (6) is not a member of a controlled group of corporations of which a domestic international sales corporation (DISC) is a member; and (7) has made an election to be treated as an AITC. Defines a "small AITC" as a corporation which meets the requirements of an AITC and which has average annual foreign trading gross receipts not in excess of $10,000,000 for the three-taxable year period ending with the taxable year. Allows a small AITC to be created or organized in a foreign trade zone in order to qualify as being created or organized under the laws of a foreign country. Sets forth a formula for determining the portion of an AITC's foreign trade income which is exempt foreign trade income. Defines "foreign trade income" as the gross income of an AITC attributable to foreign trading gross receipts. Defines "foreign trading gross receipts" as the gross receipts of any AITC from or for: (1) the sale, exchange, or other disposition of export property; (2) the lease or rental of goods outside the United States; (3) the performance of certain managerial or other services related to the sale, exchange, or lease of export property; and (4) certain engineering or architectural services performed abroad. Provides that an AITC may derive foreign trading gross receipts only if it is managed overseas and as long as certain economic processes take place abroad. Exempts a small AITC from such requirements. Sets forth transfer pricing rules for the treatment of export property to an AITC. Requires the Secretary of the Treasury to prescribe regulations for commissions, rentals, and marginal costing with respect to the sale of export property to an AITC. Sets forth rules for the tax treatment of distributions to shareholders of an AITC. Requires the taxable year of a DISC and an AITC to conform to the taxable year of the majority shareholder.
United States · United States Congress · 24 January 1984
Expresses the sense of the Congress that the President should initiate discussions with the Secretary-General of the United Nations and the President of the Security Council to effectuate the replacement of the Multinational Force in Lebanon with a U.N. peacekeeping force.
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
Authorizes the President, notwithstanding any time limitations, to award a medal of honor to a named individual for acts of valor performed as a naval officer during World War II.
United States · United States Congress · 18 November 1983
Small Business Tax Simplification Act of 1983 - Amends the Internal Revenue Code to allow employers who withhold an aggregate amount of FICA and income taxes of less than $5,000 per month to make deposits of such taxes once per month. (Present regulations require deposits eight times per month for employers who withhold an amount of such taxes in excess of $3,000 per month.) Allows a taxpayer to elect to use the cash receipts and disbursements method of accounting without regard to any requirement to use inventories if such taxpayer is a qualified small business for the taxable year and the two preceding taxable years. Defines "qualified small businesses" as any person engaged in a trade or business if: (1) the average annual gross receipts do not exceed $2,000,000; and (2) the active participants in such trade or business own 50 percent of its capital and profits, interests, or, in the case of a corporation, at least 50 percent of its stock. Limits such election to taxpayers whose inventories do not exceed the reasonable needs of the business. Allows such qualified small businesses to deduct in the current tax year up to $100,000 of its depreciable business assets.
United States · United States Congress · 18 November 1983
Expresses the sense of the House of Representatives that, upon confirmation, the new Secretary of the Interior should act to insure that the policies and programs of the Department of the Interior conform with the expressed will of the Congress and regain public support and confidence.
United States · United States Congress · 17 November 1983
Commission on the Ukraine Famine Act - Establishes a Commission to be known as the Commission on the Ukraine Famine which shall study the 1932-1933 Ukraine famine in order to: (1) expand the world's knowledge of the famine; and (2) provide the American public with a better understanding of the Soviet system. Authorizes appropriations.
United States · United States Congress · 17 November 1983
Human Needs and World Security Act - Requires that for FY 1985: (1) not less than $102,000,000 shall be provided to the United Nations Children's Fund with the Fund's excess FY 1984 funds to be devoted to the provision of low-cost preventive health measures associated with the "child health revolution" developed by United Nations agencies; (2) not less than $90,000,000 shall be provided for the International Fund for Agricultural Development; and (3) not less than $175,000,000 shall be provided for health care activities with excess FY 1984 funds to be devoted to preventive health care activities directly benefitting the poor majority. Authorizes appropriations for FY 1985 for the Peace Corps. Requires that $700,000,000 shall be available to carry out famine relief under the Agriculture Trade Development and Assistance Act of 1954 for FY 1985. Authorizes appropriations for FY 1985 for the Inter-American Development Bank for assistance under the Bank's program for financing small projects. Limits for FY 1985 the aggregate amount of foreign military sales credits, foreign military sales guarantees, military assistance, and international military education and training. Limits the amount of assistance provided during FY 1985 through the Economic Support Fund.
United States · United States Congress · 16 November 1983
Electric Consumers Protection Act of 1983 - Amends the Federal Power Act to require the Federal Energy Regulatory Commission to issue a new license to an existing licensee for a hydroelectric project authorized under such Act if the United States does not, upon the expiration of the existing license, exercise its right to take over, maintain, and operate such licensee's project, unless the Commission determines that such licensee's project will not meet the licensing standards under such Act. Provides that if the Commission determines that such licensee's project does not meet such standards, the Commission is authorized to issue a new license to a new licensee which may cover the existing licensee's project provided that the new licensee pays just compensation determined by the Commission and enters into any contracts required under the Federal Power Act. (Under current law, the Commission is authorized to issue a new license to the original licensee or a new license to a new licensee if the United States does not exercise its rights with respect to an expired license.)
United States · United States Congress · 16 November 1983
National Acid Deposition Control Act of 1983 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control. Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980. Directs the Administrator of the Environmental Protection Agency to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions and notify the owner or operator of each of the 50 plants listed; and (3) within four months after such enactment, after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Permits the owner or operator of any plant on the final list and the owner or operator of any other plant located in the same State to apply, within 18 months after enactment of this Act to substitute one or more fossil fuel fired steam generating units of such other plant for a unit of the plant on the list. Authorizes the Administrator to approve such a substitution under specified conditions. Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules. Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fired electric utility generating plant concerned (other than a unit for which a substitute has been approved); and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Sets forth similar emissions reduction requirements and procedures for substitute units. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases. Sets forth requirements for State plans for additional emission reductions of sulfur dioxide. Directs the Administrator, within 18 months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 12,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980 (or below that of any subsequent year designated by the Administrator as the baseline year in the case of: (1) any fossil fuel fired steam generating unit which is not part of an electric utility generating plant; or (2) any stationary source of industrial process emissions). Directs the Administrator, in computing State shares, to use the best available data and, to the extent that better data is not available, to use the inventory of emissions developed under a specified memorandum of intent on transboundary air pollution signed by Canada and the United States. Makes each State share the sum of the number of tons computed, under specified formulas, for: (1) fossil fuel fired electric utility plants in the State (except those required to comply with federally mandated emission reductions under this Act); (2) other fossil fuel fired steam generating units in the State; and (3) industrial process emitters of sulfur dioxide in the State. Directs the Administrator, on the basis of specified data and within one year after enactment of this Act, to establish a national average best available control technolgoy (BACT) emission limit for sulfur dioxide for emissions units within each category of process emitters of sulfur dioxide. Permits, under regulations promulgated by the Administrator, the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment. Sets deadlines and procedures for submission and approval of State plans for such State shares. Sets emissions limitations applicable in the absence of an approved State plan. Requires State plans for State shares to provide for emission limitations applicable to any stationary sources (other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions) in the State for which: (1) the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the baseline year; and (2) no new source standard of performance is applicable. Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share. Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to make available a portion of specified funds to each State: (1) which has in effect a State plan approved under this Act; and (2) which each plant subject to the direct federally mandated emission reduction has achieved such reduction. Sets forth a formula for determining each State's portion of such funds. Requires that such funds be used by the State, in such manner as it deems appropriate, to: (1) provide for the required State share of emissions reductions; (2) reduce, or provide refunds of, the fee on electric energy imposed under this Act; or (3) fund any other State program which it deems appropriate to carry out the purposes of this Act. Limits to five percent of the amount of the State portion the amount which may be used for administration of the State plan under this Act. Establishes a trust fund in the Treasury of the United States to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act. Directs the Administrator to make expenditures from the Fund in accordance with the following priorities: (1) the Administrator shall make payments to utilities for specified utility rate reductions; (2) not more than $10,000,000 may be made available for the limestone injection multistaged burner (LIMB) technology demonstration project; (3) not more than $10,000,000 may be made available in any fiscal year for accelerated research on other cleaner burning industrial processes; (4) not more than $25,000,000 per fiscal year for each of FY 1984 through 1988 may be made available for the mitigation program under title III; (5) the Administrator shall next make expenditures for payment of capital costs of control for plants subject to the direct federally mandated emissions reductions, allocating available amounts first to the facilities which first applied for such payment; and (6) if all expenditures for such capital costs which currently can be made have been made, the Administrator shall provide funding to States to assist compliance with State plans. Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary. Imposes, under regulations promulgated by the Administrator, a fee for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States. Makes such fee effective with respect to electric energy generated, or imported after December 31, 1984. Makes the fee cease to apply on December 31, 1995. Requires that the fee be applied during each calendar quarter at a rate per kilowatt hour which is equal to 1.5 mill multiplied by the inflation adjustment for the calendar quarter in which the electric energy is generated or imported. Sets forth a formula for determining such inflation adjustment. Exempts from such fee any electric energy (including imported electric energy) which is generated by nuclear or hydroelectric power. Requires each electric utility to determine the fraction of energy sold which is exempt from the fee to state the amount subject to such fee on each billing document. Directs the Administrator to make payments from the Fund to each electric utility which has sold electric energy to any individual customer who certifies that, at the time of such certification, he or she is: (1) receiving aid to families with dependent children under the Social Security Act; (2) receiving supplemental security income benefits under the Social Security Act; (3) receiving low-income home energy assistance under the Low-Income Energy Assistance Act of 1981; (4) a member of a household receiving food stamps under the Food Stamp Act of 1977; or (5) receiving payments under specified Federal law relating to veterans or under specified provisions of the Veterans and Survivors Pensions Improvement Act of 1978. Requires that such certification be made within 180 days after the date of the sale of the electric energy with respect to which such payment is made. Prohibits any such payment unless the Administrator determines that: (1) under applicable rate schedules, the full amount of such payment will be used to reduce the electric rates of the certified customer; and (2) the utility has established adequate procedures to assure that each customer will be informed, in the utility's periodic billings, of such payment and such rate reduction. Sets forth a formula for determining the amount of such payment. Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth: (1) the time and manner required for payment of such fee; (2) related reporting requirements; and (3) requirements applicable to the exemption and rate reduction. Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for: (1) electric utilities (or importers of electric energy) which knowingly commit such violations; and (2) persons who knowingly file any false certificate or document to obtain an exemption from the fee. Directs the Administrator to carry out a full-scale demonstration project to demonstrate the feasibility of the limestone injected multistaged burner (LIMB) technology. Limits the amount authorized to be appropriated from the Fund for such project to $10,000,000. Directs the Administrator to make such grants, contracts, and other arrangements to accelerate the research necessary to develop advanced industrial processes, including atmospheric fluidized bed construction and magnetohydrodynamics (MHD), other than the LIMB technology which may result in lower levels of sulfur dioxide and nitrogen oxides. Limits to $10,000,000 in each of fiscal year 1985 through 1989 the amount which is authorized to be appropriated for the Fund for such research. Makes conforming amendments. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bituminous or subbituminous coal and which commence construction from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal. Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour. Title III: Acid Deposition Damage Mitigation Program - Allows any State to prepare and submit for the approval of the Administrator and for comment by the Director of the U.S. Fish and Wildlife Service: (1) a survey of water quality deterioration in such State which has resulted from acid deposition; (2) a proposal for research mitigating the effects of acid deposition on terrestial and aquatic ecosystems; and (3) proposed methods and procedures to restore the quality of water in such State which has deteriorated as a result of acid deposition. Directs the Administrator, after consultation with the Director, to provide from the Fund financial assistance to States to carry out measures and procedures for restoration which have been approved by the Administrator. Limits the amount granted under this title to any State for any fiscal year to 80 percent of the funds expended by such State in such year for carrying out such methods and procedures. Directs the Administrator to provide for equitable distribution of sums appropriated under this title among States with approved methods and procedures. Requires that such distribution be based on the relative need of such State for the restoration of water quality which has deteriorated as a result of acid deposition. Provides that the amount of any grant to a State under this title shall be in addition to, and not in lieu of, any other Federal financial assistance.
United States · United States Congress · 16 November 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to delay for one year the effective date of special rules concerning top-heavy employee benefit plans (plans which discriminate in favor of highly compensated employees). Requires the Secretary of the Treasury to conduct a study of such special rules and report to specified committees of the Congress.
United States · United States Congress · 16 November 1983
Congressional Campaign Finance Reform Act of 1983 - Amends the Internal Revenue Code to allow a nonrefundable income tax credit for contributions to candidates for the office of U.S. Representative. Limits the amount of such credit to $100 for any one qualified candidate, and $200 for all qualified candidates. Requires that such contributions be verified in accordance with regulations promulgated by the Secretary of the Treasury. Prohibits a candidate from misrepresenting his eligibility for office or the eligibility of a potential contributor for the tax credit. Requires the Secretary to report to the Congress on the use of such political tax credits not later than June 30 following each Federal election. Adds a new title to the Federal Election Campaign Act of 1971: "Title V: Financing of General Election Campaigns for the House of Representatives." Sets forth requirements for the qualification of candidates for the U.S. House of Representatives to receive contributions eligible for the tax credit provided by this Act. Requires a candidate to certify to the Federal Election Commission that neither he nor his authorized committee will accept any contribution or make any campaign expenditure in excess of prescribed limits. Requires further that the candidate maintain a separate accounting of contributions which qualify for the income tax credit for political contributions provided by this Act and that the candidate provide any appropriate information to the Commission for purposes of auditing or examining campaign contributions. Requires the candidate to certify the receipt of a certain amount of threshold contributions. Limits to $20,000 the amount of personal funds (from the candidate or his immediate family) that a candidate may spend in an election. Waives spending limits for eligible candidates whose opponents have exceeded applicable expenditure limits or who have otherwise failed to meet the requirements of this Act. Requires independent expenditures in excess of $5,000 to be reported to the Commission and each candidate within specified time frames. Qualifies a candidate against whom more than $5,000 in independent expenditures have been made for premium postal rates. Requires the Commission to verify upon request the eligibility of a candidate under this Act to the Secretary. Requires the Commission to conduct an examination and audit of the campaign accounts of ten percent of the qualified candidates under this Act to determine compliance with the expenditure limitations and other requirements of this Act. Empowers the Commission to bring a civil suit in U.S. district court to enforce any requirement of this Act or recover any amounts resulting from an audit of campaign expenditures. Permits private citizens to file complaints with the Commission and initiate court actions. Authorizes appropriations. Includes within the definition of "contribution" for purposes of the Federal Election Campaign Act of 1971 certain extensions of credit for advertising and broadcasting in excess of $1,000 for a period of more than 60 days. Limits to $90,000 (adjusted for inflation) in any calendar year the amount of contributions which candidates for U.S. Representative may accept from non-party multicandidate political committees. Specifies exceptions for candidates in general and special elections. Limits to $240,000 the expenditure amounts for such candidates. Permits candidates for the office of U.S. Representative to make expenditures independently of the campaign committee of his party in specified circumstances. Amends the Communications Act of 1934 to provide candidates for the office of U.S. Representative with equal time in broadcast media to respond to the remarks of an opposing candidate.
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 · 10 November 1983
Great Lakes Water Preservation Act - Provides that Great Lakes water shall not be diverted for use outside a Great Lakes State unless such diversion is approved by all eight Great Lakes States (Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin) and the International Joint Commission. Prohibits any Federal study of Great Lakes water diversion unless such study is undertaken by the Corps of Engineers under the direction of the International Joint Commission in accordance with the Boundary Waters Treaty of 1909.
United States · United States Congress · 10 November 1983
Olmsted Historic Landscapes Act - Requires the Secretary of the Interior, acting through the Director of the National Park Service, to prepare a State-by-State inventory of Olmsted historic landscapes. Provides that all properties on the inventory shall be part of an Olmsted historic landscape system. Requires that property identified in the inventory as nationally significant by a State historic preservation officer or by a State outdoor recreation liaison officer be studied by the Secretary for possible designation as a national landmark and, if internationally significant, for the World Heritage List. Requires that property on the inventory which meets the appropriate criteria be nominated for listing on the National Register of Historic Places. Requires periodic updating of the inventory. Directs the Secretary to: (1) promulgate general standards for preservation of historic landscapes; (2) provide technical assistance to Federal agencies, State and local governments, private organizations, and other interested individuals on the identification, commemoration, and preservation of Olmsted historic landscapes; (3) conduct and submit to Congress a thematic study of historic landscapes to identify those landscapes which would qualify as national historic landscapes; (4) establish a program for the use of the Frederick Law Olmsted National Historic Site in Massachusetts as a center for research and establish an advisory committee for the site; and (5) develop appropriate international activities related to the Olmsted historic landscapes. Requires the Secretary to provide for the coordination of applications for grants for the preservation of Olmsted historic landscapes. Permits State and local governments to use Federal funds made available to them for the preservation of any inventoried Olmsted historic landscape. Requires the Secretary to assist and coordinate public and private cooperation in carrying out the purposes of this Act. Requires the Secretary to conduct appropriate activities during the decade of 1985 to 1995 to commemorate the Olmsted achievements and influence on American life. Establishes the Advisory Committee on Olmsted Historic Landscapes, which shall assist the Advisory Council on Historic preservation in carrying out those of its duties under the National Historic Preservation Act that relate to Olmsted historic landscapes. Authorizes appropriations.
United States · United States Congress · 10 November 1983
Industrial Competitiveness Act - Title I: Council on Industrial Competitiveness - Establishes in the executive branch an independent agency to be known as the Council on Industrial Competitiveness. Sets forth the duties of the Council including the duty to: (1) collect and analyze information concerning current and future economic trends and market opportunities; (2) create forums where national leaders will identify national economic problems; (3) provide policy recommendations regarding specific issues concerning industrial strategies; and (4) evaluate existing government policies and business practices in terms of their competitive impact. Sets forth the membership and powers of the Council. Requires the Council to report to Congress and the President, within one year of enactment of this title, recommendations for changes in Federal policy necessary to implement effective industrial strategies. Requires the Council to report annually to the President, Congress, and the Bank for Industrial Competitiveness on the major industrial development priorities of the United States and the policies needed to meet such priorities. Authorizes appropriations. Title II: Bank for Industrial Competitiveness - Subtitle A: Bank for Industrial Competitiveness - Establishes the Bank for Industrial Competititveness which shall be an agency of the United States. Sets forth the powers of the Bank and the qualifications for members of the board of directors. Authorizes the Bank to provide financial assistance to: (1) businesses in mature or linkage industries which require revitalization and modernization in order to be competitive in a world market; and (2) businesses in emerging industries which require financial assistance to develop and market new products or technologies. Limits the amount of aid for each project to 30 percent of the funding necessary to carry out the project. Sets forth the requirements for applications for such assistance. Sets forth the terms and conditions for financial assistance from the Bank. Terminates the authority of the Bank to make loans, issue loan guarantees, and purchase capital stock of applicants ten years after the effective date of this title. Sets forth the amount of capital stock the Bank shall have. Authorizes the Bank to issue obligations to provide sufficient funds to carry out the Bank's purposes and to renew, refund or pay other obligations. Limits the amount of the Bank's outstanding obligations to five times the paid-in capital of the Bank. Prohibits any of the loans made, guaranteed, or committed to be guaranteed under this title from being eligible for purchase by, or commitment to purchase by, or sale or issuance to, any Federal agency or government-owned entity. Exempts obligations of the Bank from taxation. Authorizes the Bank to enter into appropriate agreements respecting obligations of the Bank. Sets forth provisions dealing with moneys of the Bank. Exempts from taxation all property of the Bank except for the Bank's real property. Authorizes the Bank to inspect all documents of an applicant relating to the applicant's financial affairs and to all facilities and properties of the applicant. Requires the Bank to submit an annual report to the President and Congress. Terminates the Bank 30 years after the effective date of this title. Subtitle B: Secondary Markets for Industrial Mortgages - Authorizes the Bank to purchase and to make commitments to purchase industrial mortgages from any qualified financial institution. Authorizes the Bank to set priorities regarding the types of industrial mortgages to be purchased. Sets forth conditions which such mortgages must meet. Prohibits an industrial mortgage from being purchased unless specified conditions are met. Authorizes the Bank to set aside mortgages held by it and to issue and sell securities based upon the set aside mortgages. Subtitle C: Investment in Public Industrial Development Banks - Authorizes the Bank to invest in the stock of public industrial development finance institutions established at the State, local, or regional levels. Requires that the Bank be given, in return for its investment, one or more seats on the Board of Directors of the public development bank in which it invests. Prohibits the Bank from contracting with institutions that offer no reasonable prospect of return. Sets forth conditions for participation by the Bank in public industrial development banks. Subtitle D: General Provisions - Authorizes appropriations beginning in FY 1985.
United States · United States Congress · 10 November 1983
Fair Trade in Steel Act of 1983 - Declares that it is the policy of Congress that access to the U.S. market for foreign-produced carbon, alloy, and specialty steel mill products should be on an equitable basis to safeguard national security, insure orderly trade in steel mill products, reduce unfair trade in steel mill products, and alleviate U.S. balance-of-payments problems. Limits annual imports of specified steel mill product categories to specified percentages of the apparent domestic supply which are based on adjusted average import penetration levels for each such product category for the years 1979, 1980, and 1981. Directs the Secretary to allocate global product limitations among foreign countries, groups of countries, or areas. Sets forth guidelines for making such allocations. Requires the Secretary of Commerce to make an annual determination of the expected apparent domestic supply in each steel mill product category. Requires the Secretary to revise such determination periodically during the year. Directs the Secretary to monitor capital investments in steel operations made and announced by the steel industry. Authorizes the Secretary to consult with steel industry representatives with respect to such investments. Requires the Secretary to consult with such representatives and with steel industry employees if the Secretary believes that the capital investment made or announced is substantially less than the cash flow generated from steel operations. Requires the Secretary to report to Congress and authorizes the Secretary to modify or suspend import limits on steel mill products if the Secretary determines that commercial conditions or other relevant considerations do not justify such reduced level of capital investment in steel operations. Directs the Secretary to examine the supply and demand situation in the United States for a specified steel product category if reguested by affected steel consumers. Sets forth criteria to be used in determining short supply. Directs the Secretary to monitor imports of fabricated steel mill products. Sets forth the method of investigating whether imports of fabricated steel products are rendering ineffective or materially interfering with the objectives of this Act. Limits the quantity of iron ore that may be entered from any source other than Canada during any calendar year after 1983. Directs the Secretary to allocate global iron ore limitations among foreign countries, groups of countries or areas (excluding Canada from any such allocation). Sets forth guidelines for making such allocation. Provides for the enforcement and implementation of this Act.
United States · United States Congress · 21 October 1983
Authorizes the President to present, on behalf of Congress, a gold medal to Lady Bird Johnson in recognition of her humanitarian efforts and contributions to the beautification of America. Directs the Secretary of the Treasury to provide for the striking of such medal and bronze duplicates for sale to the public. Declares such medals to be national medals. Authorizes appropriations.
United States · United States Congress · 20 October 1983
Motor Vehicle Passenger Safety Act - Amends the National Traffic and Motor Vehicle Safety Act of 1966 to add provisions on the promotion and use of safety belt systems. Directs the Secretary of Transportation to make grants to States for the development and implementation of: (1) State-educational programs promoting the use and associated benefits of safety belt systems; and (2) State laws and regulations requiring the use of safety belt systems for passenger motor vehicles. Sets forth the allocation formula and terms and conditions for such grants. Directs the Secretary to develop and implement a program to utilize public and private resources as a free public service in promoting the use and benefits of safety belt systems. Requires chief executive officers of Federal agencies to promote the use of such systems within their agencies and report annually to the Secretary on such activities. Requires the Secretary to report to Congress by December 31, of each year on the grant program for the previous fiscal year. Authorizes appropriations for FY 1985 through FY 1996 for such program. Directs the President to promulgate regulations requiring: (1) Federal motor vehicles to be equipped with safety belt systems; (2) passengers in such vehicles to use the systems; and (3) the use of such systems while operating in Federal areas. Provides a civil penalty for violation of such regulations. Requires the President to report annually to Congress on the enforcement of such regulations. Prohibits any person from rendering inoperable any safety belt system installed in a motor vehicle in compliance with Federal standards, unless such vehicle will not be used during such time of inoperation.
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.
![Official portrait of Rep. Nowak, Henry [D-NY-33]](https://www.congress.gov/img/member/n000163_200.jpg)