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
Amends the Land and Water Conservation Fund Act of 1965 and the National Historic Preservation Act to require the Secretary of the Treasury to invest the portions of the land and water conservation fund and of the Historic Preservation Trust Fund not required to meet current withdrawals. Specifies the types of investments which may be made. Provides that no appropriation from either such fund for any fiscal year may exceed the maximum amount to be paid into such fund for such year plus interest accruing to the fund from the preceding year's investments. Extends the authorization of appropriations for both funds through FY 1991.
United States · United States Congress · 8 March 1984
National Dividend Act of 1984 - Establishes a program for the distribution of corporate income tax, capital gains tax, and insurance company income tax revenues to the registered voters of each State in the form of dividend payments. Directs the Secretary of the Treasury to pay to the chief financial officer of each State an amount equal to the National Dividend Payment, as computed under this Act, multiplied by the number of registered voters in such State. Establishes the National Dividend Payment Trust Fund. Directs the payment of specified amounts to the Trust Fund between FY 1985 and 1988. Establishes a National Dividend Review Board to review the manner in which payments are made from the Trust Fund and to make investments of trust funds which are not required to meet current expenses. Amends the Internal Revenue Code to exclude from gross income all dividend income, including dividends received under this Act, received by a taxpayer from a domestic corporation. Increases the income tax deduction to corporations for dividends received on the preferred stock of a public utility. Prohibits an increase of corporate income tax rates above 46 percent. Limits increases in Federal expenditures during the five year period beginning after the date of the enactment of this Act to an amount which is attributable to inflation.
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 · 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 · 8 February 1984
Scout Commemorative Coins Act - Amends Federal law to direct the Secretary of the Treasury to mint and issue Boy and Girl Scouts of the United States of America half dollar coins commemorating the 75th anniversary of the Scouts of America. Limits the number of coins that may be minted and sets forth certain features of such coins. Directs the Secretary to sell the minted coins for a certain price or for a price equivalent to the average cost of minting and distributing such coins. Authorizes appropriations.
United States · United States Congress · 7 February 1984
Amends the Social Security Amendments of 1983 to delay until after December 31, 1985, mandatory coverage under the Old Age, Survivors and Disability Insurance program for employees of tax-exempt religious or apostolic organizations which do not have in effect on January 1, 1984, a waiver certificate (which waives such an organization's exemption from taxation for purposes of the Old Age, Survivors and Disability Insurance program).
United States · United States Congress · 7 February 1984
Flat Rate Tax Act of 1984 - Amends the Internal Revenue Code to impose a ten-percent tax rate on the taxable income of every individual (including any estate and trust). Increases the amount of the personal exemption from $1,000 to $2,000. Disallows income tax credits except the credit for tax withheld on wages. Repeals the minimum tax for taxpayers other than corporations. Disallows exclusions from gross income except for: (1) social security benefits; (2) veterans' benefits; and (3) interest on certain governmental securities. Disallows income tax deductions except for: (1) personal exemptions; (2) charitable contributions; (3) interest incurred for a principal residence or for investment property; (4) state and local income and real property taxes; and (5) trade and business expenses.
United States · United States Congress · 31 January 1984
Authorizes expenditures by the House Committee on Rules for the second session of the 98th Congress, including the procurement of consultant services and assistance for specialized training for its professional staff.
United States · United States Congress · 25 January 1984
Textile Fiber and Wool Products Identification Improvement Act - Amends the Textile Fiber Products Identification Act and the Wool Products Labeling Act of 1939 to require a textile fiber or wool product to be so labeled if it has been processed or manufactured in the United States. Requires the product, as well as the package in which it is contained, to be labeled as to country of origin. Requires catalog sales descriptions and other advertisements for textile and wool products to contain country of origin information. Requires that the identification label on imported textile fiber or wool products be affixed to the most conspicuous place on the inner side of the product. Amends the Tariff Act of 1930 to exempt from the additional duty for failure to mark those articles exported to the country of origin.
United States · United States Congress · 23 January 1984
Housing Finance Opportunity Act of 1984 - Amends the Internal Revenue Code of 1954 to permit the continued issuance of tax-exempt mortgage revenue bonds (interest excluded from gross income) after December 31, 1983.
United States · United States Congress · 17 November 1983
Uniform Single Audit Act of 1983 - Amends title 31 of the United States Code to add a new chapter 75 - Requirements for Single Financial Audits. Establishes uniform single financial audit requirements for State and local governments and nonprofit organizations that receive Federal assistance. Directs the President to prescribe policies, procedures, and regulations to implement this chapter. Permits the President to delegate the authority to prescribe policies and procedures to the Director of the Office of Management and Budget (OMB) and the responsibility to prescribe regulations to the appropriate executive agencies. Requires the Director of OMB and the appropriate executive agencies to consult with the Comptroller General of the United States in the preparation of such policies, procedures, and regulations. Requires the Director within one year to establish a plan of action to assure that single financial audits are conducted within three years from the enactment of this Act, and thereafter. Requires any entity receiving at least $100,000 in Federal assistance for a fiscal year to conduct at least biennially a single financial audit covering all of its funds. Requires such audits to be conducted by independent auditors in accordance with accepted Government auditing standards. Declares that the total amounts of Federal, State, local, and other assistance, respectively, received from all sources by the entity shall be used in a single financial audit for testing compliance with the financial requirements of such assistance programs. Requires the materiality level selected in the audit for testing to be based on the professional judgment of the independent auditor, except in the case of an individual grant, program, or project that exceeds $30,000,000 (or does not exceed $30,000,000 but does exceed $500,000 or three percent of the entity's total Federal expenditures,) in which case the auditor must apply tests in accordance with this Act. Requires the Comptroller General, for every five year period, to report to specified Congressional committees as to whether such thresholds should be increased. Requires each entity receiving Federal assistance and subsequently making a portion of it available to another entity to ascertain whether a single financial audit has been conducted of the recipient. Permits the use of Federal assistance to pay for such audits. Permits the Director of OMB to arrange an audit of any entity that has failed to comply with the requirements of this Act. States that small business concerns and business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance of audits under this Act. Declares that single financial audits conducted in accordance with this Act shall fulfill any other financial audit requirement imposed by the Federal government. Requires the Comptroller General to monitor all reported bills of the House and the Senate and review any audit provisions.
United States · United States Congress · 16 November 1983
Expresses the sense of Congress that: (1) the news media should voluntarily refrain from projecting election results before the polls close; and (2) the news media and industry, trade and professional organizations should voluntarily adopt guidelines to assure that exit interview data is not used to project election results before the polls close.
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 · 25 October 1983
Amends the charter of the American Veterans of World War II (AMVETS) by extending eligibility for membership to individuals who qualify on or after May 8, 1975.
United States · United States Congress · 6 October 1983
Cable Telecommunications Act of 1983 - Amends the Communications Act of 1934 to authorize any governmental entity empowered to grant a cable television franchise to require: (1) that a reasonable amount of channel capacity be designated for public, educational, or government purposes; and (2) that rules be promulgated governing the use of such channel capacity, including rules for creating an agency or nonprofit organization to administer the use of such channel capacity. Allows the cable system operator to use such channel capacity for other purposes until there is a demand for use of such capacity for public, educational, or governmental purposes. Prohibits a cable operator from exercising any editorial control over any video programming for such purposes. Requires a cable operator to designate a specified percentage of its channel capacity not required for use under Federal law for commercial use by persons unaffiliated with the operator. Prohibits any Federal, State, or local authority from requiring the designation of a greater percentage of channel capacity for commercial use by unaffiliated persons. Allows an operator to continue using such designated capacity until a written agreement with an unaffiliated person is obtained. Directs the operator to establish prices, terms, and conditions for such use that are sufficient to assure that the operation, financial condition, and market development of the cable system are not adversely affected. Prohibits a cable operator from exercising any editorial control over video programming for such use except to the extent necessary to assure that such cable system is not adversely affected. Prohibits the use of such channel capacity to provide a cable service being provided on the enactment date of this Act in order to avoid providing a diversity of information sources. Authorizes any person aggrieved by the failure of an operator to make channel capacity available for such commercial use to seek to compel that such capacity be made available by bringing an action in the appropriate Federal district court or by petitioning the Federal Communications Commission (FCC). Authorizes the FCC to prescribe rules necessary to assure that a cable operator or owner provides for a diversity of information sources over the cable system: (1) upon finding that prior adjudications constitute a pattern of such failure by such person; and (2) whenever cable systems with 36 or more activated channels are available to 70 percent of U.S. households and are subscribed to by 70 percent of the households to which such systems are available. Prohibits a person from owning or controlling a cable system if such person: (1) is the licensee of a television broadcast station the predicted grade B contour (field strength) of which covers any part of the community served by such cable system; (2) owns or controls a daily newspaper published in such community; or (3) is a common carrier providing telephone exchange service in any part of such community, excluding specified rural areas. Authorizes the FCC to prescribe rules concerning the common ownership or control of cable systems by persons who own or control other media of mass communications serving the community served by the cable system. Prohibits any State or local authority from regulating the diversity of ownership of mass media interests. Prohibits any State or local authority that has an interest in any cable system from directly or indirectly controlling the content of any programming on such system, except programming on educational, public, or government channels, unless such authority establishes an independent board or separate management company. Prohibits the owner of a multiple unit dwelling from interfering with the provision of cable service requested by a resident. Permits the owner to require that: (1) the costs of installation, construction, operation, or removal of the cable facilities be borne by the subscriber, the operator, or both; (2) the condition of the dwelling and the safety and convenience of other residents are not adversely affected by the installation or construction of such facilities; and (3) the owner be fully compensated by the cable operator for any damages caused by such facilities. Directs the FCC to establish the amount of just compensation to which the owner is entitled. Authorizes a governmental or franchising authority to award one or more cable franchises within its jurisdiction. Directs such authority to assure that the opportunity to purchase cable service is not denied to any class of potential subscribers because of income or economic status. Provides that a franchise shall be construed to authorize the construction of a cable system over public rights-of-way and through easements dedicated for compatible uses, provided the property owners are compensated for any resulting damages. Prohibits a cable system from providing cable service without a franchise. Permits a governmental or franchising authority to require the construction of cable system facilities or the provision of certain equipment as part of an initial franchise or a franchise renewal proceeding. Directs such authority to negotiate and, if necessary, enter binding arbitration with a cable operator over the termination, modification, or deferral of a requirement for facilities or equipment (excluding facilities or equipment for educational, public, or government use) that the operator shows to be impracticable as a result of a significant change in circumstances. Provides that the terms of any franchise agreement resulting from a request for proposals originally issued on or before September 30, 1982, shall remain in effect for the remaining term of the franchise. Declares that no cable system shall be subject to regulation as a common carrier or utility by reason of providing cable service. Authorizes a governmental or franchising authority to require a cable operator to pay a franchise fee not to exceed an annual aggregate of five percent of such operator's gross revenues. Permits a cable operator to pass the cost of any increase in the franchise fee through to subscribers. Prohibits a governmental or franchising authority from requiring the provisions of services, facilities, or other items not related to the provision of cable service under a franchise. Authorizes a franchising authority to regulate the rates for the provision of basic cable service and the installation or rental of equipment necessary for the receipt of such service for any cable system that is not located within the grade B contour of four or more full power television signals with at least one affiliate of each of the three power commercial television networks. Authorizes such an authority to regulate the rates of a franchise in effect on the enactment date of this Act for the greater of five years or one-half of the remaining term of the franchise. Authorizes annual rate increases not exceeding the regional consumer price index if subscribers are given 30 days notice. Provides that requests for rate increases shall be deemed to be granted if not acted upon within 90 days. Bars any other regulation of rates, with specified exceptions, by any Federal, State, local, or other franchising authority. Prohibits any such authority from regulating the provision or content of cable services, except that: (1) any applicable FCC regulation in effect on September 21, 1983, may remain in effect; (2) a franchising authority may enforce the terms of a franchise agreement under which the cable operator agrees to provide particular services; (3) a franchising authority and a cable operator may specify that certain services that are obscene or otherwise unprotected by the Constitution may not be provided; and (4) an operator may be required to offer basic cable services. Allows an operator to rearrange, replace, or remove a service specified in a franchise if there has been a significant change in circumstances. Requires a franchising authority to grant an application for the renewal or extension of an operator's franchise, unless: (1) the operator has not substantially complied with the franchise or applicable law or has committed a felony; (2) there has been a change in the operator's qualifications that impairs the provision of service; (3) the facilities to be provided by the operator are unreasonable in terms of cost and community need; (4) the signal of the operator's system has not met the FCC's technical standards; or (5) the proposals of the application are otherwise unreasonable. Sets forth time requirements and procedures governing the filing, consideration, and denial of applications and the judicial review of adverse decisions. Prohibits a franchising authority, upon the expiration of a franchise, from acquiring an ownership interest in a cable system, or requiring a sale of a system to another person, at less than the system's fair market value. Prohibits a franchising authority from acquiring an ownership interest in a system subject to a franchise termination resulting from a material breach by a cable operator, unless the operator was provided notice of, and a reasonable opportunity to remedy, the breach. Prohibits any cable operator or any other person who provides cable services from using the cable system to collect personally identifiable information on a cable subscriber without the written or electronic consent of the subscriber. Permits the collection of such information solely for billing purposes or for monitoring unauthorized receptions of cable telecommunications. Requires such information to be destroyed when it is no longer used for such purposes. Prohibits the disclosure of such information without the consent of the subscriber or a court order authorizing such disclosure. Requires cable operators to notify subscribers of their rights under the privacy provisions of this Act. Requires each subscriber to have access to all of their personally identifiable information collected and maintained by a cable operator or other person providing cable services. Authorizes civil damages for violations of these privacy provisions. States that cable operators have no liability for programs on public, educational, or governmental channels or for channels designated for commercial use by unaffiliated persons. Prohibits any person from intercepting or receiving cable services or assisting in intercepting or receiving cable services without specific authorization by a cable operator or by law. Sets forth provisions governing civil remedies, the determination of civil damages, and criminal penalities for violations of such prohibition. Provides that a State shall not be considered to regulate the rates, terms, and conditions for pole attachments unless: (1) the State has issued and made effective regulations implementing such regulatory authority; and (2) the State takes final action on a complaint about an individual matter within 60 days.
United States · United States Congress · 6 October 1983
Comprehensive Trade Law Reform Act of 1983 - Title I: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to direct the administering authority to order the suspension of all entries of merchandise subject to a preliminary determination in an antidumping or countervailing duty investigation if the preliminary determination of the International Trade Commission (ITC) is affirmative. Imposes the burden of persuasion with respect to allegations in such investigations upon the person in possession of the specific information necessary to verify or negate such allegations. Establishes within the Department of Commerce the Small Business International Trade Advocate Office (Advocate) which shall assist small businesses in the preparation for, and participation in, any proceedings related to the administration of the U.S. trade laws (including arguing on behalf of petitioners who are financially unable to prosecute antidumping and countervailing duty investigations). Provides that the Advocate may request the ITC to conduct on behalf of small businesses no more than three fact- finding investigations in a given fiscal year. Requires the Advocate each fiscal year to report its activities to specified congressional committees. Authorizes appropriations. Authorizes the administering authority and the ITC to make available under a protective order confidential information submitted by a party to an antidumping or countervailing duty investigation upon receipt of an application which describes the information requested. (Current law requires that the application must describe the information with particularity and must set forth the reasons for the request.) Requires that the information to be disclosed shall include all confidential information available to or prepared by the administering authority during an investigation, excluding customer names and the identity of market research organizations. Declares that it shall not be a requirement of disclosure that the person making the request demonstrate a need to have access to the information. Requires the administering authority or ITC to act upon requests for such information within ten days. Directs the ITC, in determining material injury or the threat of material injury in antidumping or countervailing duty investigations, to consider the cumulative impact of imports of merchandise under investigation when combined with imports of the same class or kind which are subject to similar investigations. Declares that in determining whether a petition requesting an antidumping or countervailing duty investigation states a cause of action the absence of a history of imports in sufficient volume to be a present cause of material injury shall not be a basis for a negative determination when a capability to increase exports is asserted. Amends the definition of the nature of a subsidy to require the ITC, in determining whether there is a threat of material injury, to consider information other than the information presented to it by the administering authority and to consider whether the alleged subsidy is related to a promotional program benefitting a specific industry. Sets forth the time periods to be considered by the ITC in determining material injury or threat of material injury. Requires the ITC, in determining threat of material injury, to consider evidence of: (1) increasing domestic inventories of imported merchandise; (2) new or increased capability to manufacture or export such merchandise in the countries under investigation or shift of production and exports among industry product lines; and (3) any effort by a foreign government or instrumentality to promote the development or growth of export capability of the industry under investigation through a combination of policies or programs. Authorizes the imposition of countervailing duties upon merchandise which is likely to be imported into the United States if such merchandise meets all the other requirements for the imposition of countervailing duties. Requires the imposition of countervailing or antidumping duties on merchandise if a U.S. industry is materially injured or threatened with material injury or the establishment of an industry in the United States is materially retarded by sales of imports or offers of sales of imports. Requires the ITC to make its preliminary determination in antidumping or countervailing duty investigations on the basis of the information contained in the petition and any information received by way of questionnaire response. Provides an extension of time for making a preliminary determination if the ITC does not believe the information contained in the hearing and the questionnaire responses establish material injury. Requires the ITC, in such a case, to schedule a hearing during which interested parties may address the factual issues of concern to the ITC. Permits an extension of time during which the preliminary determination by the administering authority in an antidumping or countervailing duty case may be made only if the petitioner files a timely request for such extension and the case is extraordinarily difficult. (Current law permits such extension if either of these conditions is met.) Excludes claims for antidumping and countervailing duties from the authority of the Secretary of the Treasury to compromise Government claims. Amends the Trade Agreement Act of 1979 to require the ITC, in cases involving revocation of countervailing duties, not to base a negative determination of potential material injury on any export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the subsidy received. Directs the administering authority, upon being notified of a negative determination of potential material injury based upon clear and convincing evidence presented by any party seeking revocation, to revoke an existing countervailing duty order and refund the countervailing duties that had been collected. Amends the Tariff Act of 1930 to prohibit the ITC and the administering authority from reviewing a final determination in a countervailing or antidumping duty case or the suspension of an antidumping or countervailing duty investigation less than five years after publication of notice of that determination or suspension. Authorizes the administering authority, after review, to revoke a countervailing or antidumping duty order or to terminate a suspended investigation. Prohibits the administering authority from taking such actions unless, upon clear and convincing evidence presented by any party seeking revocation or termination of a suspended investigation: (1) the administering authority finds that it is substantially unlikely that subsidized sales or sales at less than fair value will be resumed; and (2) the ITC makes a negative determination of potential material injury to U.S. industries by imports covered by the order or investigation. Prohibits the administering authority from revoking a countervailing duty order or terminating a suspended investigation on the basis of any export taxes, duties, or other charges levied on exports to the United States specifically intended to offset the subsidy received. Prohibits the administering authority from revoking a countervailing or antidumping duty order or terminating a suspended investigation unless the affected foreign manufacturers, producers, or exporters give assurances that they shall not receives subsidies or make sales at less than fair value. Sets forth penalties for violations of such assurances. Requires the administering authority and the ITC to continue an antidumping or countervailing duty investigation if the administering authority, within 20 days of publication of the notice of suspension of an investigation, receives a request for continuation of the investigation from the petitioner. Changes the definition of "interested parties" to include: (1) a trade or business association at least ten percent of whose members manufacture, produce, or wholesale a like product in the United States; and (2) a coalition which includes one or more certified unions or recognized groups of workers associated with the production of a like product in the United States and one or more entities which manufacture, produce, or wholesale a like product in the United States. Changes the definition of "like product." Directs the administering authority to reimburse petitioners, upon request, for the costs of preparing an investigation petition and of participating in an investigation if the investigation results in the issuance of a countervailing or antidumping duty order or a suspension agreement. Requires the payments to be made out of an account which shall be established by the administering authority and into which all countervailing and antidumping duties shall be paid. Declares that there shall be no presumption for or against agency action in any civil proceeding arising under the antidumping or countervailing duty provisions of the Tariff Act of 1930. Permits the administering authority to extend the deadline for a final determination in a countervailing duty investigation to the date of its final determination in an antidumping duty investigation if an antidumping duty investigation is initiated simultaneously with the countervailing duty investigation. Adds definitions of "negative determination" and of "affirmative determination" with respect to antidumping and countervailing duty determinations. Authorizes the administering authority to suspend a countervailing duty investigation if the subsidizing government or the exporters who account for substantially all of the imports of the merchandise subject to the investigation agree: (1) to eliminate the subsidy program completely within six months, except that the administering authority shall not accept an agreement unless the suppression or undercutting of price levels of domestic products by imports of that merchandise will be prevented; or (2) to cease exports of that merchandise to the United States within six months. Authorizes the administering authority, for the purpose of determining the net subsidy, to subtract from the gross subsidy only the amount of: (1) any payment made to qualify for or to receive the benefit of the subsidy; and (2) any loss in the value of the subsidy resulting from its deferred receipt if the deferral is mandated by Government order. Changes the definition of "subsidy" to include a domestic subsidy provided directly or indirectly to a supplier of any input to the class or kind of merchandise imported into the United States. Amends the Trade Agreements Act of 1979 to require the ITC to review countervailing duty orders, upon request, if the request is received before a countervailing duty petition is filed with the administration authority. Amends the Tariff Act of 1930 to prohibit designating a country as a country under the Agreement on Subsidies and Countervailing Measures until the country has committed itself under the General Agreement on Tariffs and Trade to eliminate its export subsidies. Permits countries which are beneficiary developing countries under the Trade Act of 1974 to be designated as countries under the Agreement if, in lieu of such commitment such country agrees: (1) to phase out existing export subsidies within five years; (2) not to increase existing export subsidies, nor extend such subsidies to new merchandise, nor introduce new export subsidies; and (3) to eliminate within one year export subsidies on merchandise which the ITC determines is either produced by an import sensitive U.S. industry or already competitive in the U.S. market and would be competitive in the absence of export subsidies. Requires the President to review the status of and compliance with such agreements at least once during each 12-month period following the date on which the agreement becomes effective and upon the request of certain interested parties. Sets forth the effect of a finding by the President that a country designated as "a country under the Agreement" has not honored its commitments relating to eliminating subsidies. Requires that a countervailing duty order shall presumptively apply to all merchandise of the class of kind which have been determined to materially injure U.S. industries and which are exported from the country investigated, except that differing duties may be imposed if the administering authority determines that there is a significant differential between companies receiving subsidy benefits or if a State-owned enterprise is involved. Adds to the definition of "subsidy" specified programs and protections when used as part of a program to develop a significant export capability in a particular product sector. Requires that the foreign market value of the merchandise under investigation shall be the constructed value of the merchandise if the administering authority determines that the cost to the foreign producer of any foreign material incorporated in the merchandise under investigation is unreasonable. Requires that the cost of such preference or subsidy shall be included in the constructed value of the imported merchandise. Authorizes the administering authority to accept an agreement to restrict the volume of imports of merchandise into the United States (with either the government of the country where the merchandise which is being investigated is produced or with the exporters of such merchandise who account for substantially all the imports of such merchandise) if the agreement will eliminate completely the injurious effect of such imports. Authorizes the administering authority to prescribe regulations governing the entry or withdrawal from warehouse for consumption of merchandise covered by: (1) agreements to eliminate completely sales at less than fair value or to cease exports of merchandise; or (2) agreements to eliminate injurious effect. Requires the administering authority to have received the written consent of the petitioner before suspending an antidumping or countervailing duty investigation. Prohibits making an adjustment to the foreign market value of an import for specified differences in circumstances of sale or discounts. Requires the purchase price and exporter's sales price to be adjusted by being reduced by, among other costs, the costs relating to the circumstances of sale. Requires that "cost relating to" circumstances of sale rather than "differences in" circumstances of sale shall be taken into account if they cause a difference between the U.S. price and the foreign market value of the merchandise. Requires that the foreign market value of imported merchandise shall be the weighted average price of all sales or offers for sale of such merchandise subject to specified conditions. Prohibits the administering authority from using items selected by foreign manufacturers, producers, or exporters, or the U.S. importers of merchandise under investigation when the authority uses averaging or sampling techniques to determine the foreign market value of such merchandise. Revises the definition of sales at less than the costs of production to include sales through a related party if such sales are made below the cost of production including related party marketing costs. Requires such sales to be disregarded in determining foreign market value if they have been made over an extended period of time and in substantial quantities. (Current law requires that such sales, in order to be disregarded must also have been at prices which do not permit recovery of all costs within a reasonable period of time in the normal course of trade.) Includes within the definition of "exporter" for purposes of determining U.S. price, any person who owns or controls five percent (currently 20 percent) or more of the voting power or control in the business carried on by the person by whom or for whose account the merchandise is imported into the United States and also five percent (currently 20 percent) or more of such power or control in the business of the exporter, manufacturer, or producer. Requires that any differences between the U.S. price and the foreign market value of imported merchandise which are due to circumstances of sales shall reflect the actual selling expenses incurred by the purchasers in their markets. Repeals the provision for posting security in lieu of estimated antidumping duties pending an early determination of the antidumping duty. Authorizes the administering authority, upon request by an interested party, to negotiate settlement agreements the implementation of which shall be subject to the withdrawal of the petitions resulting in the antidumping or countervailing duty investigation. Provides for the enforcement of such agreements. Title II: Escape Clause - Amends the Trade Act of 1974 to authorize an entity which is representative of an industry (including an industry which produces parts irrevocably destined for incorporation in an article like or directly competitve with an imported article) to petition the ITC for import relief. Requires that the ITC, in determining whether increased imports of an article are causing or threatening serious injury to domestic industries, shall take into account whether the article under investigation is incorporated in an imported article. Deletes the provision which defines "substantial cause" for purposes of injury determination as a cause which is important and not less than any other cause. Requires that the ITC, whenever it has reason to believe that the increased imports are attributable to circumstances which come within the purview of other remedial provisions of law, shall promptly notify the appropriate agency and such agency shall initiate the appropriate action. Requires that an affirmative determination of serious injury under this title shall be considered to be an affirmative determination of material injury under other remedial provisions of law if the affirmative determination of serious injury has been made within 12 months of the date on which the petition was filed under the other statutes. Requires that the ITC, if it finds that a serious injury or the threat of a serious injury exists, shall, in order to prevent or remedy such injury: (1) find the amount of increase in or imposition of any duty; (2) determine a tariff rate quota on such article; (3) determine the quantitative import restriction on the import into the United States of such article; or (4) recommend any combination of such actions. Requires at least six months to elapse between investigations of import injury. Requires the ITC to determine, within 45 days of the filing of a petition, whether or not a reasonable indication that conditions for an affirmative finding of serious import injury exist if a petitioner alleges that imports of an article have increased by more than ten percent in volume or 20 percent relative to domestic production in the previous 12 months. Requires the Commissioner of Customs, if the ITC makes an affirmative determination of such indication, to order the suspension of liquidation of entry of such articles. Requires the suspension to continue until: (1) the ITC makes a negative determination of serious injury; or (2) import relief actions take effect. Requires an additional duty to be imposed on any article that is subject to a suspension of liquidation of entry if the ITC makes an affirmative determination of import injury. Deletes the provision authorizing the President to grant trade adjustment assistance instead of import relief to an industry which has been seriously injured by imports. Directs the President, if the President finds that it is in the national economic interest to provide import relief, to either place into effect the determination of the ITC or to negotiate one or more orderly marketing agreements pursuant to the ITC's determination. Requires the President, if the President determines that the import relief recommended by the ITC is not in the national economic interest and that there are alternatives which offset the injury to the same extent as the ITC's recommendations, to transmit to Congress a document setting forth: (1) such determination; (2) the reasons why the ITC's recommendation is not in the national economic interest; (3) other information with respect to the alternatives; and (4) proposed legislation to implement the President's recommendation. Provides for expedited consideration of the President's proposal in the Congress. Requires the President, within 31 days of the submission of such proposal to Congress to: (1) proclaim the actions recommended by the ITC if Congress does not enact the President's proposal; or (2) take the action recommended in the President's proposal. Requires that the import relief proclamation, if it provides for the imposition of or an increase in the rate of duty, shall also provide for periodic review and adjustment of the duty rate in order to maintain substantially the same amount of import relief that has been proclaimed. Requires that bilateral or multilateral orderly marketing agreements negotiated by the President shall limit the export from foreign countries and the import into the United States of articles subject to the import relief proclamation. Prohibits an orderly marketing agreement from becoming effective unless the ITC determines that it provides at least the same level and duration of import relief as found by the ITC to be necessary. Requires the President to proclaim the import relief found by the ITC if the ITC finds that the orderly marketing agreement does not provide the necessary import relief or if the ITC is evenly divided on the question. Requires the import relief to last for not less than five years and not more than ten years. (Current law terminates import relief after five years unless renewed.) Authorizes the import relief to be phased down during the period of such relief but only after the first three years have elapsed. Deletes the provisions providing for extension of import relief. Authorizes the President to reduce or terminate import relief but only after at least five years have elapsed. Requires at least one year to elapse between the end of a period of import relief with respect to an article and the beginning of a new investigation into import relief with respect to such article. (Current law requires two years to elapse between investigations.) Title III: Enforcement of United States Rights - Authorizes the administering authority, based upon information available to it or upon a petition filed with it, to initiate investigations relating to the enforcement of U.S. rights under trade agreements and relating to the U.S. response to certain unfair foreign trade practices. (Current law authorizes the President to begin such investigations.) Authorizes the administering authority to take specified steps to enforce such rights or to respond to the foreign trade practices. Declares that a foreign practice that denies fair and equitable market opportunities to U.S. goods or services or denies to U.S. businesses fair and equitable opportunities for the establishment of an enterprise shall be considered an unreasonable practice which burdens U.S. commerce. Declares that foreign industrial targeting of a specific sector or sectors of the economy shall be considered an unreasonable practice that burdens U.S. commerce. Requires the administering authority to take action if a foreign government has engaged in industrial targeting which causes or threatens to cause material injury to a U.S. industry or which materially retards the establishment of an industry in the United States. Authorizes any interested person to file a petition with the administering authority requesting action to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Requires the administering authority to review the sufficiency of the allegations of the petition within 20 days of its filing date. Requires the administering authority, if it finds that the petition provides the basis for action, to publish the petition and provide an opportunity for hearing. Requires the administering authority, if it finds no basis for action in the petition, to reject the petition and inform the petitioner of the reasons for the rejection. Deletes the provision requiring consultation with the affected foreign country regarding issues raised by the petition. Directs the administering authority to present questionnaires to the affected foreign governments and foreign enterprises to develop information about the allegations. Requires the administering authority to verify the information provided by such governments and enterprises and relied upon by the administering authority. Requires the final determination of the administering authority to be based upon the best information available if the foreign governments or entities do not respond to the questionnaires or if the responses cannot be verified. Requires the administering authority to issue a preliminary determination within five months of the initiation of the investigation. Requires the administering authority, if the preliminary determination is affirmative, to take specified actions on a provisional basis. Requires the administering authority to make a final determination within 11 months of the initiation of the investigation. Requires specified actions to be taken within 30 days if the final determination is affirmative. Requires the administering authority to consult closely with the petitioner on the nature of the action taken. Directs the administering authority to make confidential information submitted during an investigation available upon request. Prohibits disclosing customer names and the identity of market research organizations. Authorizes the administering authority, if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove an action taken by the United States, to modify or terminate the action or take such other action as it deems appropriate to compensate an adversely affected foreign country. Defines "administering authority" to mean the U.S. Trade Representative or any other U.S. officer to whom the responsibilities of the administering authority under this title are transferred by law. Requires the administering authority to collect data on foreign nontariff trade barriers, foreign barriers to investment, and foreign government programs to promote particular industries. Requires the administering authority to report quarterly to Congress on the information collected. Provides for judicial review of determinations of the administering authority by the U.S. Court of International Trade. Requires the Court to hold unlawful any determination found to be unsupported by substantial evidence on the record or otherwise not in accordance with law. Title IV: Private Remedies - Amends the Revenue Act of 1916 to permit a civil suit against manufacturers, exporters, or importers of an article if: (1) the article is manufactured or produced in a foreign country and imported or sold within the United States at a price less than the foreign market value or constructed value of such article; (2) the importation or sales cause or threaten material injury to U.S. industry or labor or prevent the establishment or modernization of any industry in the United States; and (3) the person filing the suit is injured in business or property because of the importation or sale. Authorizes a plaintiff, if a defendant is found liable, to recover the costs of the action, damages for the injury sustained, or appropriate equitable relief. (Current law provides for criminal penalties and treble damages in civil suits.) Declares that the standard of proof in such actions is the preponderance of the evidence. Grants subpoena power to the district court involved in the case. Makes the District Director of the U.S. Customs Service for the port through which the article is commonly imported the agent of the manufacturer or exporter for service of process. Imposes a four year statute of limitation on such actions. Supends the running of the statute of limitation during certain administrative proceedings under the Tariff Act of 1930. Authorizes the court to enjoin further importation, sale, or distribution of the article or take any other action authorized by the Federal Rules of Civil Procedure if the defendant fails to comply with court orders. Preserves the confidentiality of information used in such action. Requires such an action to be expedited in every way possible. Includes within the foreign market value or constructed value of the article any subsidy provided to the manufacturer, producer, or exporter of the article. Expresses the sense of the Congress that the provisions of this title are consistent with the GATT. Title V: Miscellaneous - Sets forth the effective date of this Act.
United States · United States Congress · 6 October 1983
Establishes the National Commission on Federal Budget Deficit Reductions to review all relevant elements of fiscal and monetary policy, identify problems which may hinder the control and reduction of Federal budget deficits, and analyze all potential options which would result in deficit reductions and place the Government on a sound financial basis. Requires the Commission to transmit a report to the President and Congress not later than February 15, 1984, or the close of the 90th day beginning after the date of enactment of this resolution. Requires such report to contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. Terminates the Commission 30 days after it submits its report.
United States · United States Congress · 30 September 1983
Amends the Internal Revenue Code to provide for the reporting of tips by large food or beverage establishments in lieu of allocation requirements if reported tips do not equal eight percent of gross receipts. Allows for a reduction of such percentage under certain circumstances.
United States · United States Congress · 27 September 1983
National Archives and Records Administration Act of 1983 - Title I: Establishment of An Independent National Archives and Records Administration - Establishes the National Archives and Records Administration as an independent establishment in the executive branch to be directed by the Archivist of the United States. Requires the Archivist to be appointed by the President with the advice and consent of the Senate. Directs the Archivist to appoint a Deputy Archivist. Sets forth the administrative duties and authority of the Archivist. Requires the Archivist to submit to Congress an annual report concerning the administration of functions of the Archivist and the Administration. Transfers to the Administration and the Archivist the functions, duties, and authority of the General Services Administration (GSA) and its Administrator, respectively, concerning: (1) congressional printing and binding; (2) the Federal Register and the Code of Federal Regulations; (3) the distribution and sale of public documents; (4) archival administration; (5) presidential records; (6) the National Archives Trust Fund Board; (7) the National Historical Publications and Records Commission; (8) records management; (9) the disposal of records; (10) official territorial papers; (11) Indian records placed with the Oklahoma Historical Society; (12) public laws, Constitutional amendments, and the United States Statutes at Large; and (13) electoral credentials and certificates. Transfers to the Administration the National Archives and Records Service. Title II: Administrative Provisions - Limits the fee that the Archivist may charge for making or authenticating copies of materials to the amount necessary to recover actual costs. (Currently such fee may exceed such costs by up to ten percent.) Requires such fees to be deposited to the credit of the appropriation against which they are charged. (Currently such fees are paid into the National Archives Trust Fund.) Requires the National Archives Trust Fund Board to use the services and personnel of the Administration to assist the Board in performing its functions. (Currently the Board may appoint necessary employees.) Directs the Board to submit to Congress an annual report on its operations and on the moneys, securities, and personal property received and held by it. Authorizes the Board to authorize the transfer of funds to the Administration to be expended on an archival or records activity approved by the Board or to accomplish the purpose of a gift or bequest. Prohibits expenditures for purposes for which appropriated funds could not be expended, unless required by the instrument of gift or bequest. Permits the Board to solicit gifts or bequests. Requires that moneys received for the Fund be deposited within five working days. Allows disbursements from the Fund only for activities approved by the Board, including the publication of special works and the release of historical photographs and recordings. Authorizes the Archivist to sell such publications and releases at a price which will cover their cost (currently, cost plus ten percent). Authorizes the Archivist to initiate action for the recovery of agency records unlawfully removed or for other legal redress against persons who remove or destroy agency records if the agency fails to take such action within a reasonable period of time after being informed of its necessity by the Archivist. Directs the Archivist to report any such agency failure to the appropriate committees of Congress. Directs the Archivist to establish detailed criteria for determining whether material should be classified as agency records. Grants the Archivist access to any material made or received by an agency to determine whether the agency is in compliance with regulations governing records disposal. Permits the Archivist to authorize an agency to dispose of records only after publishing notice of, and providing an opportunity for public comment on, such disposal.
United States · United States Congress · 22 September 1983
National Dividend Act of 1983 - Establishes a program for the distribution of corporate income tax, capital gains tax, and insurance company income tax revenues to the registered voters of each State in the form of dividend payments. Directs the Secretary of the Treasury to pay to the chief financial officer of each State an amount equal to the National Dividend Payment, as computed under this Act, multiplied by the number of registered voters in such State. Establishes the National Dividend Payment Trust Fund. Directs the payment of specified amounts to the Trust Fund between FY 1984 and 1987. Establishes a National Dividend Review Board to review the manner in which payments are made from the Trust Fund and to make investments of trust funds which are not required to meet current expenses. Amends the Internal Revenue Code to exclude from gross income all dividend income, including dividends received under this Act, received by a taxpayer from a domestic corporation. Increases the income tax deduction to corporations for dividends received on the preferred stock of a public utility. Prohibits an increase of corporate income tax rates above 50 percent. Limits increases in Federal expenditures during the five year period beginning after the date of the enactment of this Act to an amount which is attributable to inflation.