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 98 STAT. 3034

19 USC 1671, l^"^^167^^ ^^^^^' ® '

PUBLIC LAW 98-573—OCT. 30, 1984 "(IV) the probability that imports of the merchandise will enter the United States at prices that will have a depressing or suppressing effect on domestic prices of the merchandise, "(V) any substantial increase in inventories of the merchandise in the United States, "(VI) the presence of underutilized capacity for producing the merchandise in the exporting country, "(VII) any other demonstrable adverse trends that indicate the probability that the importation (or sale for importation) of the merchandise (whether or not it is actually being imported at the time) will be the cause of actual injury, and "(VIII) the potential for product-shifting if production facilities owned or controlled by the foreign manufacturers, which can be used to produce products subject to investigation(s) under section 701 or 731 or to find orders under section 706 or 736, are also used to produce the merchandise under investigation. "(ii) BASIS FOR DETERMINATION.—Any determination

by the Commission under this title that an industry in the United States is threatened with material injury shall be made on the basis of evidence that the threat of material injury is real and that actual injury is imminent. Such a determination may not be made on the basis of mere conjecture or supposition." (3) Paragraph (9) is amended— (A) by striking out "and" at the end of subparagraph (D); (B) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof ", and"; and (C) by adding at the end thereof the following new subparagraph: "(F) an association, a majority of whose members is composed of interested parties described in subparagraph (C), (D), or (E) with respect to a like product.". (4) Paragraph (14) is amended by striking out "at wholesale" and inserting in lieu thereof "in commercial quantities". (5) Paragraph (17) is amended by striking out "wholesale quantities each place it appears in the heading and the text and inserting in lieu thereof commercial quantities". (b)(1) Section 514(a) (19 U.S.C. 1514(a)) is amended by striking out "771(9)(C), (D), and (E) of this Act." and inserting in lieu thereof "771(9)(C), (D), (E), and (F) of this Act.". (2) Sections 704(g)(2) and (h)(1) and 734 (g)(2) and (h)(1) (19 U.S.C. 1671c (g)(2) and (h)(1) and 1673c (g)(2) and (h)(1)) are each amended by striking out "(C), (D), or (E)" and inserting in lieu thereof "(C), (D), (E), and (F)". (3) Section 2631(k)(2) of title 28, United States Code, is amended— (A) by striking out "and" at the end of subparagraph (C), (B) by striking out the period at the end of subparagraph (D), and inserting in lieu thereof ", and", and (C) by adding at the end thereof the following new subparagraph: "(E) an association composed of members who represent parties-at-interest described in subparagraph (B), (C), or (D).".

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98 STAT. 3035

SEC. 613. UPSTREAM SUBSIDIES.

(a) Subtitle D of title VII is amended by adding after section 771 the following new section: "SEC. 771A. UPSTREAM SUBSIDIES.

"(a) DEFINITION.—The term 'upstream subsidy' means any subsidy described in section 771(5)(B)(i), (ii), or (iii) by the government of a country that— (1) is paid or bestowed by that government with respect to a product (hereafter referred to as an 'input product') that is used in the manufacture or production in that country of merchandise which is the subject of a countervailing duty proceeding; "(2) in the judgment of the administering authority bestows a competitive benefit on the merchandise; and "(3) has a significant effect on the cost of manufacturing or producing the merchandise. In applying this subsection, an association of two or more foreign countries, political subdivisions, dependent territories, or possessions of foreign countries organized into a customs union outside the United States shall be treated as being one country if the subsidy is provided by the customs union.

19 USC 1677-1.

19 USC 1677.

"(b) DETERMINATION OF COMPETITIVE BENEFIT.—

"(1) IN GENERAL.—Except as provided in paragraph (2), the administering authority shall decide that a competitive benefit has been bestowed when the price for the input product referred to in subsection (a)(1) for such use is lower than the price that the manufacturer or producer of merchandise which is the subject of a countervailing duty proceeding would otherwise pay for the product in obtaining it from another seller in an armslength transaction. "(2) ADJUSTMENTS.—If the administering authority has determined in a previous proceeding that a subsidy is paid or bestowed on the input product that is used for comparison under paragraph (1), the administering authority may (A) where appropriate, adjust the price that the manufacturer or producer of merchandise which is the subject of such proceeding would otherwise pay for the product to reflect the effects of the subsidy, or (B) select in lieu of that price a price from another source. "(c) INCLUSION OF AMOUNT OF SUBSIDY.—If the administering authority decides, during the course of a countervailing duty proceeding that an upstream subsidy is being or has been paid or bestowed regarding the merchandise under investigation, the administering authority shall include in the amount of any countervailing duty imposed on the merchandise an amount equal to the amount of the competitive benefit referred to in subparagraph (1)(B), except that in no event shall the amount be greater than the amount of subsidization determined with respect to the upstream product.". (b) Section 701 of the Tariff Act of 1930 (19 U.S.C. 1671) is further amended by adding at the end thereof the following new subsection: "(g) Whenever the administering authority has reasonable grounds to believe or suspect that an upstream subsidy, as defined in section 771A(a)(l), is being paid or bestowed, the administering Supra. authority shall investigate whether an upstream subsidy has in fact been paid or bestowed, and if so, shall include the amount of the upstream subsidy as provided in section 771A(a)(3).",

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 98 STAT. 3036

PUBLIC LAW 98-573—OCT. 30, 1984

(c) Section 703 of the Tariff Act of 1930 (19 U.S.C. 1617b) is further amended by adding at the end thereof the following new subsection: "(h) TIME PERIOD WHERE UPSTREAM SUBSIDIZATION INVOLVED.—

Ante, p. 3024.

19 USC 1671a.

Ante, pp. 3029, 3028.

Ante, p. 3031.

Ante, p. 3029.

"(1) IN GENERAL.—Whenever the administering authority concludes prior to a preliminary determination under section 703(b), that there is a reasonable basis to believe or suspect that an upstream subsidy is being bestowed, the time period within which a preliminary determination must be made shall be extended to 250 days after the filing of a petition under section 702(b) or commencement of an investigation under section 702(a) (310 days in cases declared extraordinarily complicated under section 703(c)), if the administering authority concludes that such additional time is necessary to make the required determination concerning upstream subsidization. "(2) EXCEPTIONS.—Whenever the administering authority concludes, after a preliminary determination under section 703(b), that there is a reasonable basis to believe or suspect that an upstream subsidy is being bestowed— "(A) in cases in which the preliminary determination was negative, the time period within which a final determination must be made shall be extended to 165 days under section 705(a)(l) or 225 days under section 705(a)(2), as appropriate; or "(B) in cases in which the preliminary determination is affirmative, the determination concerning upstream subsidization— "(i) need not be made until the conclusion of the first annual review under section 751 of any eventual Countervailing Duty Order, or, at the option of the petitioner, or "(ii) will be made in the investigation and the time period within which a final determination must be made shall be extended to 165 days under section 705(a)(2), as appropriate, except that the suspension of liquidation ordered in the preliminary determination shall terminate at the end of 120 days from the date of publication of that determination and not be resumed unless and until the publication of a Countervailing Duty Order under section 706(a). There may be an extension of time for the making of a final determination under this subsection only if the administering authority determines that such additional time is necessary to make the required determination concerning upstream subsidization.", (b) The table of contents for title VII is amended by inserting after the entry for section 771 the following: "Sec. 771A. Upstream subsidies.". SEC. 614. RESELLER'S PRICE TAKEN INTO ACCOUNT IN DETERMINING PURCHASE PRICE.

Section 772(b) (19 U.S.C. 1677a(b)) is amended by inserting "a reseller or" after "date of importation, from". SEC. 615. FOREIGN MARKET VALUE.

Section 773 (19 U.S.C. 1677b) is amended— (1) by striking out "time of exportation of such merchandise to the United States" and inserting in lieu thereof "time such

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merchandise is first sold within the United States by the person for whom (or for whose account) the merchandise is imported to any other person who is not described in subsection (e)(3) with respect to such person" in subsection (a)(1); (2) by striking out "wholesale quantities" each place it appears in the heading and the text and inserting in lieu thereof "commercial quantities"; and (3) by adding at the end thereof the following new subsection: "(g) EXPORTATION FROM AN INTERMEDIATE COUNTRY.—If—

"(1) a reseller purchases the merchandise from the manufacturer or producer of the merchandise, "(2) the manufacturer or producer of the merchandise does not know (at the time of the sale to such reseller) the country to which such reseller intends to export the merchandise, "(3) the merchandise is exported by, or on behalf of, such reseller to a country other than the United States, "(4) the merchandise enters the commerce of such country but is not substantially transformed in such country, and "(5) the merchandise is subsequently exported to the United States, such country shall be treated, for purposes of this section, as the country from which the merchandise was exported.". SEC. 616. HEARINGS.

Section 774(a) (19 U.S.C. 1677c(a)) is amended to read as follows: "(a) INVESTIGATION HEARINGS.—

"(1) IN GENERAL.—Except as provided in paragraph (2), the administering authority and the Commission shall each hold a hearing in the course of an investigation upon the request of any party to the investigation before making a final determination under section 705 or 735. Ante, pp. 3024, "(2) EXCEPTION.—If investigations are initiated under subtitle 3028,3029. A and subtitle B regarding the same merchandise from the 19 USC 1671, same country within 6 months of each other (but before a final 1673. determination is made in either investigation), the holding of a hearing by the Commission in the course of one of the investigations shall be treated as compliance with paragraph (1) for both investigations, unless the Commission considers that special circumstances require that a hearing be held in the course of each of the investigations. During any investigation regarding which the holding of a hearing is waived under this paragraph, the Commission shall allow any party to submit such additional written comment as it considers relevant.". SEC. 617. SUBSIDIES DISCOVERED DURING PROCEEDING.

Section 775 (19 U.S.C. 1677d) is amended by striking out "investigation" each place it appears in the text and in the heading and inserting in lieu thereof "proceeding". SEC. 618. VERIFICATION OF INFORMATION.

Section 776(a) (19 U.S.C. 1677e(a)) is amended to read as follows: "(a) GENERAL RULE.—The administering authority shall verify all information relied upon in making— "(1) a final determination in an investigation, "(2) a revocation under section 751(c), and "(3) a review and determination under section 751(a), if—

Ante, p. 3031.

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 98 STAT. 3038 Ante, p. 3033.

PUBLIC LAW 98-573—OCT. 30, 1984

"(A) verification is timely requested by an interested party as defined in section 771(9)(C), (D), (E), or (F), and "(B) no verification was made under this paragraph during the 2 immediately preceding reviews and determinations under that section of the same order, finding, or notice, except that this clause shall not apply if good cause for verification is shown. In publishing notice of any action referred to in paragraph (1), (2), or (3), the administering authority shall report the methods and procedures used to verify such information. If the administering authority is unable to verify the accuracy of the information submitted, it shall use the best information available to it as the basis for its action, which may include, in actions referred to in paragraph (1), the information submitted in support of the petition.". SEC. 619. RECORDS OF EX PARTE MEETINGS; RELEASE OF CONFIDENTIAL INFORMATION.

Section 777 (19 U.S.C. 1677f) is amended— (1) by amending paragraph (3) of subsection (a) to read as follows: "(3) Ex PARTE MEETINGS.—The administering authority and the Commission shall maintain a record of any ex parte meeting between— "(A) interested parties or other persons providing factual information in connection with a proceeding, and "(B) the person charged with making the determination, or any person charged with making a final recommendation to that person, in connection with that proceeding, if information relating to that proceeding was presented or discussed at such meeting. The record of such an ex parte meeting shall include the identity of the persons present at the meeting, the date, time, and place of the meeting, and a summary of the matters discussed or submitted. The record of the ex parte meeting shall be included in the record of the proceeding."; (2) by strilang out "submitted)" in the first sentence of subsection (b) and inserting in lieu thereof "submitted, or an officer or employee of the United States Customs Service who is directly involved in conducting an investigation regarding fraud under this title)"; (3) by striking out the second sentence of subsection (b) and inserting in lieu thereof the following new sentence: "The administering authority and the Commission shall require that information for which confidential treatment is requested be accompanied by— "(A) either— "(i) a nonconfidential summary in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence, or "(ii) a statement that the information is not susceptible to summary accompanied by a statement of the reasons in support of the contention, and "(B) either— "(i) a statement which permits the administering authority to release under administrative protective order, in accordance with subsection (c), the information submitted in confidence, or

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"(ii) a statement that the information should not be released under administrative protective order."; and (4) by inserting "(before or after receipt of the information requested)" after "application," in subsection (c)(l)(A). SEC. 620. SAMPLING AND AVERAGING IN DETERMINING UNITED STATES PRICE AND FOREIGN MARKET VALUE.

(a) Subtitle D of title VII (19 U.S.C. 1677a et seq.) is amended by adding immediately after section 777 the following new section: "SEC. 777A. SAMPLING AND AVERAGING.

"(a) IN GENERAL.—For the purpose of determining United States price or foreign market value under sections 772 and 773, and for purposes of carrying out annual reviews under section 751, the administering authority may— "(1) use averaging or generally recognized sampling techniques whenever a significant volume of sales is involved or a significant number of adjustments to prices is required, and "(2) decline to take into account adjustments which are insignificant in relation to the price or value of the merchandise.

19 USC 1677f-l. 19 USC 1677a; ante, p. 3036. Ante, p. 3031.

"(b) SELECTION OF SAMPLES AND AVERAGES.—The authority to

select appropriate samples and averages shall rest exclusively with the administering authority; but such samples and averages shall be representative of the transactions under investigation.". (b) Subsection (f) of section 773 (19 U.S.C. 1677b(f)) is repealed. (c) The table of contents for title VII is amended by inserting after the entry for section 777 the following: "Sec. 777A. Sampling and averaging.". SEC. 62L INTEREST.

Section 778 (19 U.S.C. 1677g) is amended to read as follows: "SEC. 778. INTEREST ON CERTAIN OVERPAYMENTS AND UNDERPAYMENTS. "(a) GENERAL RULE.—Interest shall be payable on overpayments

and underpayments of amounts deposited on merchandise entered, or withdrawn from warehouse, for consumption on and after— "(1) the date of publication of a countervailing or antidumping duty order under this title or section 303, or "(2) the date of a finding under the Antidumping Act, 1921. "(b) RATE.—The rate of interest payable under subsection (a) for any period of time is the rate of interest established under section 6621 of the Internal Revenue Code of 1954 for such period.".

19 USC 1671; ante, p. 1303. 19 USC 160 note. 26 USC 6621.

SEC. 622. DRAWBACKS.

(a) Title VII is amended— (1) by striking out section 740, and (2) by adding at the end of subtitle D the following new section: "SEC. 779. DRAWBACKS.

"For purposes of any law relating to the drawback of customs duties, countervailing duties and antidumping duties imposed by this title shall be treated as any other customs duties.". (b) The table of contents for such title is amended— (1) by striking out "Sec. 740. Antidumping duty treated as a r^ular duty for drawback purposes.";

19 USC 16731.

19 USC 1677h.

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 98 STAT. 3040

PUBLIC LAW 98-573—OCT. 30, 1984 and (2) by adding at the end thereof

"Sec. 779. Drawbacks.". SEC. 623. ELIMINATION OF INTERLOCUTORY APPEALS.

19 USC 1671a, 1673a. Ante, p. 3031.

19 USC 1671b, 1673b.

(a) Section 516A(a) (19 U.S.C. 1516a(a)) is amended as follows: (1) Paragraph (1) is amended to read as follows: "(1) REVIEW OF CERTAIN DETERMINATIONS.—Within 30 days after the date of publication in the Federal Register of^ "(A) a determination by the administering authority, under 702(c) or 732(c) of this Act, not to initiate an investigation, "(B) a determination by the Commission, under section 751(b) of this Act, not to review a determination based upon changed circumstances, or "(C) a negative determination by the Commission, under section 703(a) or 733(a) of this Act, as to whether there is reasonable indication of material injury, threat of material injury, or material retardation, an interested party who is a party to the proceeding in connection with which the matter arises may commence an action in the United States Court of International Trade by filing concurrently a summons and complaint, each with the content and in the form, manner, and style prescribed by the rules of that court, contesting any factual findings or legal conclusions upon which the determination is based.". (2) Paragraph (2)(A) is amended— (A) by striking out "the date of publication in the Federal Register o f in the matter preceding clause (i); and (B) by amending clauses (i) and (ii) to read as follows: "(i) the date of publication in the Federal Register of"(I) notice of any determination described in clause (ii), (iii), (iv), or (v) of subparagraph (B), or "(II) an antidumping or countervailing duty order based upon any determination described in clause (i) of subparagraph (B), or "(ii) the date of mailing of a determination described in clause (vi) of subparagraph (B),". (3) Amend paragraph (2)(B) to read as follows: "(B) REVIEWABLE DETERMINATIONS.—The determinations

Ante, pp. 3024, 3028, 3029.

which may be contested under subparagraph (A) are as follows: "(i) Final affirmative determinations by the administering authority and by the Commission under section 705 or 735 of this Act, including any negative part of such a determination (other than a part referred to in clause (ii)). "(ii) A final negative determination by the administering authority or the Commission under section 705 or 735 of this Act, including, at the option of the appellant, any part of a final affirmative determination which specifically excludes any company or product. "(iii) A final determination, other than a determination reviewable under paragraph (1), by the administer-

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ing authority or the Commission under section 751 of t h i s Act.

"(iv) A determination by the administering authority, under section 704 or 734 of this Act, to suspend an antidumping duty or a countervailing duty investigation, including any final determination resulting from a continued investigation which changes the size of the dumping margin or net subsidy calculated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded. "(v) An injurious effect determination by the Commission under section 704(h) or 734(h) of this Act. "(vi) A determination by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or antidumping or countervailing duty order.". (4) Redesignate paragraph (3) as paragraph (4) and after paragraph (2) insert the following: "(3) EXCEPTION.—Notwithstanding the limitation imposed by paragraph (2)(A)(ii) of this subsection, a final affirmative determination by the administering authority under section 705 or 735 of this Act may be contested by commencing an action, in accordance with the provisions of paragraph (2)(A), within thirty days after tjae date of publication in the Federal Register of a final negative determination by the Commission under section 705 or 735 of this Act.". (b) Title 28, United States Code, is amended as follows: (1) Section 2636 is amended— (A) by amending subsection (c) to read as follows: "(c) A civil action contesting a reviewable determination listed in section 516A of the Tariff Act of 1930 is barred unless commenced in accordance with the rules of the Court of International Trade within the time specified in such section."; and (B) by striking out subsection (d) and redesignating subsections (e) through (b as (d) through (h), respectively. (2) Section 2647 is amended to read as follows:

Ante, p. 3031.

Ante, pp. 3025, ^^^6.

Ante, pp. 3024, 3028,3029.

Ante, p. 3040.

"§ 2647. Precedence of cases "The following civil actions in the Court of International Trade shall be given precedence, in the following order, over other civil actions pending before the Court, and shall be assigned for hearing at the earliest practicable date and expedited in every way: "(1) First, a civil action involving the exclusion of perishable merchandise or the redelivery of such merchandise. "(2) Second, a civil action commenced under section 515 of the Tariff Act of 1930 involving the exclusion or redelivery of 19 USC 1515. merchandise. "(3) Third, a civil action commenced under section 516 or 516A of the Tariff Act of 1930.". 19 USC 1516; SEC. 624. ADJUSTMENTS STUDY.

The Secretary of Commerce shall undertake a study of the current practices that are applied in the making of adjustments to purchase prices and exporter's sales prices under section 772(d) and (e) (19 U.S.C. 1677a (d) and (e)) and foreign market value and constructed

ante, p. 3040.

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 98 STAT. 3042 Ante, p. 3036.

Report.

PUBLIC LAW 98-573—OCT. 30, 1984

value under section 773 (19 U.S.C. 1677b) in determining antidumping duties. The study shall include, but not be limited to— (1) a review of the types of adjustments currently being made; (2) a review of private sector comments and recommendations regarding the subject that were made at congressional hearings during the first session of the Ninety-eighth Congress; and (3) the manner and extent to which such adjustments lead to inequitable results. Within one year after the date of the enactment of this Act, the Secretary of Commerce shall complete the study required under this section and shall submit to Congress a written report regarding the study and containing such recommendations as the Secretary deems appropriate regarding the need, and the means, for simplifying and modifying current practices in the making of such adjustments. SEC. 625. INDUSTRIAL TARGETING STUDIES.

19 USC 1671.

19 USC 1671 note.

19 USC 1671, 1673.

19 USC 1671. 19 USC 1671a, 1673a.

The Secretary of Commerce, the Secretary of Labor, the United States Trade Representative, and the Comptroller General of the United States shall each undertake, and submit to the Congress not later than June 1, 1985, a comprehensive study of the problem of foreign industrial targeting, whereby foreign governments adopt plans or schemes of coordinated activities to foster and benefit specific industries, and of the desirability or need to amend the United States trade laws in order to provide effective remedies for domestic industries against the adverse effects of such targeting. To the extent consistent with agency jurisdiction, such studies shall include, but are not limited to— (1) an analysis of^ (A) whether foreign industrial targeting should be considered as an unfair trade practice under United States law; (B) whether current law, including the remedies under title VII of the Tariff Act of 1930, adequately address the subsidy element of foreign industrial policy measures; and (C) the extent to which foreign industrial targeting practices are significantly affecting United States commerce; and (2) any recommended legislation considered necessary based on the study results. SEC. 626. EFFECTIVE DATES.

(a) Except as provided in subsections (b) and (c), this Act, and the amendments made by it, shall take effect on the date of the enactment of this Act. (b)(1) The amendments made by sections 602, 609, 611, 612, and 620 shall apply with respect to investigations initiated by petition or by the administering authority under subtitles A and B of title VII of the Tariff Act of 1930 on or after such effective date. (2) The amendments made by section 623 shall apply with respect to civil actions pending on, or filed on or after, the date of the enactment of this Act. (c)(1) No provision of title VII of the Tariff Act of 1930 shall be interpreted to prevent the refiling of a petition under section 702 or 732 of that title that was filed before the date of the enactment of this title, if the purpose of such refiling is to avail the petitioner of the amendment made by section 612(a)(1).

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Author:L. H. Watson

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(2) The amendment made by section 612(a)(l) shall not apply with respect to petitions filed (or refiled under paragraph (1)) under section 702 or 732 of the Tariff Act of 1930 after September 30, 1986.

19 USC 1671a, 1673a.

TITLE VII—AUTHORIZATION OF APPROPRIATIONS FOR CUSTOMS AND TRADE AGENCIES SEC. 701. UNITED STATES INTERNATIONAL TRADE COMMISSION.

The first sentence of paragraph (2) of section 330(e) of the Tariff Act of 1930 (19 U.S.C. 133(e)(2)) is amended to read as follows: "There are authorized to be appropriated to the C!k)mmission for necessary expenses (including the rental of conference rooms in the District of Columbia and elsewhere) for fiscal year 1985 not to exceed $28,410,000; of which not to exceed $2,500 may be used, subject to approval by the Chairman of the Commission, for reception and entertainment expenses.".

19 USC 1330. 19 USC 1330.

SEC. 702. UNITED STATES CUSTOMS SERVICE.

Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075) is amended as follows: (1) Subsection (b) is amended to read as follows: "(b) There are authorized to be appropriated to the Department of the Treasury not to exceed $686,399,000 for the salaries and expenses of the United States Customs Service for fiscal year 1985; of which (A) $28,070,000 is for the operation and maintenance of the air interdiction program of the Service, and (B) not to exceed $15,000,000 is for the implementation of the 'Operation EXODUS' program and any related program designed to enforce or monitor export controls under the Export Administration Act of 1979.". (2) Subsection (d) is redesignated as subsection (e). (3) The following new subsection is inserted immediately after subsection (c): "(d) No part of any sum that is appropriated under subsection (b) for fiscal years after September 30, 1984, may be used for administrative expenses to pay any employee of the United States Customs Service overtime pay in an amount exceeding $25,000; except that the Commissioner of Customs or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Service.".

50 USC 2401 note.

SEC. 703. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

Section 141(f)(l) of the Trade Act of 1974 (19 U.S.C. 2171(f)(l)) is (1) by striking out "$11,100,000 for fiscal year 1983" and inserting in lieu thereof "$14,179,000 for fiscal year 1985"; and (2) by striking out "$65,000" and inserting in lieu thereof "$80,000".

TITLE VIII—ENFORCEMENT AUTHORITY FOR THE NATIONAL POLICY FOR THE STEEL INDUSTRY

Steel Import Stabilizatfon Act.

SEC. 801. SHORT TITLE.

19 USC 2258 note.

This title may be cited as the "Steel Import Stabilization Act".

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 98 STAT. 3044 19 USC 2253

PUBLIC LAW 98-573—OCT. 30, 1984 SEC. 802. FINDINGS AND PURPOSES.

(a) The Congress finds that— (1) the United States steel industry has a serious need to modernize its plant and equipment in order to enhance its international competitiveness, and needs increased capital investments to effect that modernization; (2) the ability of the domestic steel industry to be internationaly competitive is, and has been, impeded by the effects of the enormous Federal budget deficit, an overvalued dollar, and increasing trade deficits, as well as serious injury due to imports of, and subsidies, dumping, and the use of other unfair and restrictive foreign trade practices regarding steel products; (3) the extensiveness of the unfair trade practices engaged in the international market regarding such products imposes unusually harsh burdens on the United States steel industry in combating those practices through the trade remedy laws; (4) expeditious and effective action under the President's national policy for the steel industry, including more vigorous efforts by the Executive Branch to self-initiate and pursue remedies against those practices, is needed to eliminate the adverse effects of those unfair trade practices; (5) import relief will be ineffective and will not serve the national economic interest unless the industry during the period of relief engages in serious efforts substantially to modernize and to improve its international competitiveness; and (6) full and effective implementation of the national policy for the steel industry will substantially improve the economy and employment in both the steel and iron ore-producing sectors. (b) The purposes of this title are— (1) to supplement the authority of the President to achieve the goals of the national policy for the steel industry by granting enforcement powers regarding those bilateral arrangements that are entered into or undertaken for purposes of implementing that national policy; and (2) to make the continuation of those powers subject to the condition that the steel industry undertake a comprehensive modernization of its plant and equipment. 19 USC 2253 note.

SEC. 803. SENSE OF CONGRESS REGARDING THE NATIONAL POLICY FOR THE STEEL INDUSTRY.

It is the sense of the Congress that— (1) the President should, in conjunction with the authority granted under this title, implement the national policy for the steel industry in a manner to ensure that the foreign share of the United States market for steel products is commensurate with a level which would obtain under conditions of fair, unsubsidized competition; and it is further the sense of Congress that when this policy is fully implemented, it will result in a foreign share of the domestic market of 17.0 to 20,2 percent, subject to such modifications that changes in market conditions and the composition of the steel industry may require; (2) the national policy for the steel industry should not be implemented in a manner contrary to the antitrust laws; and (3) if the national policy for the steel industry does not produce satisfactory results within a reasonable period of time, the Congress will consider taking such legislative actions concerning steel and iron ore products as may be necessary or

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appropriate to stabilize conditions in the domestic market for such products. SEC. 804. DEFINITIONS.

19 USC 2253

As used in this title— (1) The term "bilateral arrangement" means any arrangement, agreement, or understanding (including, but not limited to, any surge control understanding or suspension agreement) entered into or undertaken, or previously entered into or undertaken, by the United States and any foreign country or customs union containing such quantitative limitations, restrictions, or other terms relating to the importation into, or exportation to, the United States of categories of steel products as may be necessary to implement the national policy for the steel industry. (2) The term "national policy for the steel industry" means those actions and elements described in Executive Communication 4046, dated September 18, 1984 (printed as House Document 98-263). (3) The term "steel industry" means producers in the United States of steel products. SEC. 805. ENFORCEMENT AUTHORITY.

(a) Subject to section 806, the President is authorized to carry out such actions as may be necessary or appropriate to enforce the quantitative limitations, restrictions, and other terms agreed to between the United States and steel-exporting nations as contained in bilateral arrangements. Such actions may include, but are not limited to, requirements that valid export licenses or other documentation issued by a foreign government be presented as a condition for the entry into the United States of steel products. 0)X1) In connection with the provisions of the Arrangement on European Communities' Export of Pipes and Tubes to the United States of America, contained in an exchange of letters dated October 21, 1982, between representatives of the United States and the Commission of the European Communities, including any modification, clarification, extension, or successor agreement thereto (collectively referred to hereinafter as "the Arrangement"), the Secretary of Commerce is authorized to request the Secretary of the Treasury to take action pursuant to paragraph (2) of this subsection whenever he determines that— (A) the level of exports of pipes and tubes to the United States from the European Communities is exceeding the average share of annual United States apparent consumption specified in the Arrangement, or (B) distortion is occurring in the pattern of United StatesEuropean Communities trade within the pipe and tube sector taking into account the average share of annual United States apparent consumption accounted for by European Communities articles within product categories developed by the Secretary of Commerce. Any re<iuest to the Secretary of the Treasury pursuant to this subsection by the Secretary of Commerce shall identify one or more categories of pipe and tube products with respect to which action under paragraph (2) is requested. (2) At the request of the Secretary of Commerce pursuant to paragraph (1), the Secretary of the Treasury shall take such action

31-194 0 - 86 - 22: QL.3 Part3

19 USC 2253

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PUBLIC LAW 98-573—OCT. 30, 1984

as may be necessary to ensure that the aggregate quantity of European Communities articles in each product category identified by the Secretary of Commerce in such request that are entered into the United States are in accordance with the terms of the Arrangement. (3) Nothing in this subsection may be construed as prohibiting the Secretary of Commerce from permitting the importation of additional quantities of specific products in cases where the Secretary determines that conditions of short supply or emergency economic situations related to market demand exist; except that a short supply or emergency economic situation shall not be considered to exist solely because domestic producers are unwilling to supply products at prices below their costs of production (as determined by the Secretary of Commerce). (c) For purposes of carrying out this title, the Secretary of the Treasury may provide by regulation for the terms and conditions under which steel products may be denied entry into the United States. 19 USC 2253

SEC. 806. EFFECTIVE PERIOD OF TITLE.

^°^'

(a) IN GENERAL.—Section 805 shall terminate— (1) at the close of the fifth anniversary of the effective date of this title; or (2) at the close of the first, second, third, or fourth anniversary of the effective date of this title, unless the President, before each such anniversary, submits to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (in writing and together with the reasons therefor) an affirmative annual determination described in subsection (b). (b)(1) An affirmative annual determination is a determination by the President that— (A) the major companies of the steel industry, taken as a whole, have, during the 12-month period ending at the close of an anniversary referred to in subsection (a)(2)— (i) committed substantially all of their net cash flow from steel product operations for purposes of reinvestment in, and modernization of, that industry through investment in modern plant and equipment, research and development, and other appropriate projects, such as working capital for steel operations and programs for the retraining of workers; and (ii) taken sufficient action to maintain their international competitiveness, including action to produce price-competitive and quality-competitive products, to control costs of production, including employment costs, and to improve productivity; and (B) each of the major companies committed for the applicable 12-month period not less than 1 percent of net cash flow to the retraining of workers; except that this requirement may be waived by the President with respect to a major company in noncompliance, if he finds unusual economic circumstances exist with respect to that company; and (C) the enforcement authority provided under section 805 remains necessary to maintain the effectiveness of bilateral arrangements undertaken to eliminate unfair trade practices in the steel sector.

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(2) For purposes of this subsection— (A) the term "major company" means an enterprise whose raw steel production in the United States during 1983 exceeded 1,500,000 net tons. (B) The term "net cash flow" means annual net (after-tax) income plus depreciation, depletion allowances, amortization, and changes in reserves minus dividends and payments on short-term and long-term debts and liabilities. (3) For purposes of carrying out this subsection, the President shall take into account such information as may be available from the United States International Trade Commission and other appropriate sources relating to the modernization efforts of the steel industry. SEC. 807. DEPARTMENT OF LABOR WORKER ASSISTANCE PLAN.

19 USC 2253

Within 6 months after the effective date of this title, the Secretary of Labor shall prepare (in consultation with the Steel Advisory Committee established on November 3, 1983, by the Secretary of Commerce and the Secretary of Labor (48 F.R. 51165)) and submit to the Congress a proposed plan of action for assisting workers in communities that are adversely affected by imports of steel products; which assistance shall include retraining and relocation for former workers in the steel industry who will likely be unable to return to employment in that industry. The plan required under this section shall be based upon existing authorities for providing such assistance, but shall be accompanied by such recommendations for additional statutory authority as the Secretary of Labor considers necessary to carry out the purposes of the plan. SEC. 808. EFFECTIVE DATE.

19 USC 2253

This title shall take effect on October 1, 1984. TITLE IX—WINE TRADE SEC. 901. SHORT TITLE.

wine Equity and Export Expansion Act of 1984. 19 UgQ ggQl

This title may be cited as the "Wine Equity and Export Expansion ^°Act of 1984". SEC. 902. CONGRESSIONAL FINDINGS AND PURPOSES.

(a) Congress finds that— (1) there is a substantial imbalance in international wine trade resulting, in part, from the relative accessibility enjoyed by foreign wines to the United States market while the United States wine industry faces restrictive tariff and nontariff barriers in virtually every existing or potential foreign market; (2) the restricted access to foreign markets and the continued low prices for United States wine and grape products adversely affect the economic position of our Nation's winemakers and grape growers, as well as all other domestic sectors that depend upon wine production; (3) the competitive position of United States wine in international trade has been weakened by foreign trade practices, high domestic interest rates, and unfavorable foreign exchange rates; (4) wine consumption per capita is very low in many major non-wine producing markets and the demand potential for United States wine is significant; and

19 USC 2801.

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PUBLIC LAW 98-573—OCT. 30, 1984 (5) the United States winemaking industry has the capacity and the ability to export substantial volumes of wine and an increase in United States wine exports will create new jobs, improve this Nation's balance of trade, and otherwise strengthen the national economy, (b) The purposes of this title are— (1) to provide wine consumers with the greatest possible choice of wines from wine-producing countries; (2) to encourage the initiation of an export promotion program to develop, maintain, and expand foreign markets for United States wine; and (3) to achieve greater access to foreign markets for United States wine and grape products through the reduction or elimination of tariff barriers and nontariff barriers to (or other distortions of) trade in wine.

19 USC 2802.

SEC. 903. DEFINITIONS.

For purposes of this title— (1) The term "Committees" means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (2) The term "grape product" means grapes and any product (other than wine) made from grapes, including, but not limited to, raisins and grape juice, whether or not concentrated. (3) The term "major wine trading country" means any foreign country, or group of foreign countries, designated as such under section 904. (4) The phrase "nontariff barrier to (or other distortion of)", in the context of trade in United States wine, includes any measure implemented by the government of a major wine trading country that either gives a competitive advantage to the wine industry of that country or restricts the importation of United States wine into that country. (5) The term "Trade Representative" means the United States Trade Representative. (6) The term "United States wine" means wine produced within the customs territory of the United States. (7) The term "wine" means any fermented alcoholic beverage that— (A) is made from grapes or other fruit; (B) contains not less than 0.5 percent alcohol by volume and not more than 24 percent alcohol by volume, including all dilutions and mixtures thereof by whatever process produced; and (C) is for nonindustrial use. 19 USC 2803.

SEC. 904. DESIGNATION OF MAJOR WINE TRADING COUNTRIES.

(a) The Trade Representative shall designate as a major wine trading country each foreign country, or group of foreign countries represented as an economic union, that, in the judgment of the Trade Representative— (1) is a potential significant market for United States wine; and (2) maintains tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine. (b) In deciding, for purposes of subsection (a)(2), whether a foreign country or group of countries maintains nontariff barriers to (or

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98 STAT. 3049

other distortions of) trade in United States wine, the Trade Representative shall take into account— (1) the review and report required under section 854(a) of the Trade Agreements Act of 1979 (19 U.S.C. 2135 note); (2) such relevant actions that may have been taken by that country or group since that review was conducted; and (3) such information as may be submitted under section 906 by representatives of the wine and grape products industries in the United States, as well as other sources. SEC. 905. ACTIONS TO REDUCE OR ELIMINATE TARIFF AND NONTARIFF BARRIERS AFFECTING UNITED STATES WINE.

19 USC 2804.

(a) The President shall direct the Trade Representative to enter into consultations with each major wine trading country to seek a reduction or elimination of that country's tariff barriers and nontariff barriers to (or other distortions of) trade in United States wine. (b)(1) the President shall notify each of the Committees regarding the extent and effect of the efforts undertaken since the submission of the report required under section 854(a) of the Trade Agreements Act of 1979, and during the 12-month period beginning on the date of the enactment of this Act, to expand opportunities in each major wine trading country for exports of United States wine. Such notification, which shall be in the form of a separate written report (that must be submitted within 30 days after the close of that 12-month period) for each major wine trading country, shall include— (A) a description of each act, policy, and practice (and of its legal basis and, operation) in that country that constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine (and that description shall be based upon an updating of the report that was submitted to the Congress under section 854(a) of the Trade Agreements Act of 1979); (B) an assessment of the extent to which each such act, policy, or practice is subject to international agreements to which the United States is a party; (C) information with respect to any action taken, or proposed to be taken, under existing authority to eliminate or reduce each such act, policy, or practice, including, but not limited to— (i) any action under the Trade Act of 1974, and (ii) any negotiation or consultation with any foreign government; (D) if action referred to in subparagraph (C) was not taken, an explanation of the reasons therefore; and (E) recommendations to the Congress of any additional legislative authority or other action which the President believes is necessary and appropriate to obtain the elimination or reduction of foreign tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine. (2) The reports required under paragraph (1) shall be developed and coordinated by the Trade Representative through the interagency trade organization established by section 242(a) of the Trade Expansion Act of 1962. (c) If the President, after taking into account information and advice received under subsections (a) and (b), section 906 or from other sources, determines that action is appropriate to respond to any act, policy, or practice of a major wine trading country constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine and—

President of U.S.

Report,

19 USC 2135 note,

19 USC 2101.

19 USC 1872.

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text:
Author:Frederic Weber

Articles in Popular Science Monthly

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title: Author:Frederic Weber


text:
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19 USC 2101. 19 USC 2805.

PUBLIC LAW 98-573—OCT. 30, 1984

(1) is inconsistent w i ^ the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or (2) is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce; the President, shall take all appropriate and feasible action under the Trade Act of 1974 to enforce the rights of the United States under any such trade agreement or to obtain the elimination of such act, policy, or practice. SEC. 906. REQUIRED CONSULTATIONS.

The Trade Representative shall consult with the Committees and with representatives of the wine and grape products industries in the United States— (1) before identifying tariff barriers and nontariff barriers to (or other distortions of) trade in United States wine and designating major wine trading countries under section 904; (2) in developing the reports required under section 905(b); and (3) for purposes of determining whether action by the President is appropriate under any provision of the Trade Act of 1974 with respect to any act, policy, or practice referred to in section 905(b)(1). 19 USC 2806.

7 USC 612c.

SEC. 907. UNITED STATES WINE EXPORT PROMOTION.

In order to develop, maintain, and expand foreign markets for United States wine, the President is encouraged to— (1) utilize, for the fiscal year ending September 30, 1985, the authority provided under section 135 of the Omnibus Budget Reconciliation Act of 1982 to make available sufficient funds to initiate, in cooperation with nongovernmental trade associations representative of United States wineries, an export promotion program for United States; and (2) request, for each subsequent fiscal year, an appropriation for such a wine export promotion program that will not be at the expense of any appropriations requested for export promotion programs involving other agriculture commodities. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 3398: HOUSE REPORTS: No. 98-267 (Comm. on Ways and Means) and No. 98-1156 (Comm. of Conference). SENATE REPORT No. 98-308 (Comm. on Finance). CONGRESSIONAL RECORD: Vol. 129 (1983): June 28, considered and passed House. Vol. 130 (1984): Mar. 2, Sept. 17-20, considered and passed Senate, amended. Oct. 3, House concurred in a Senate amendment and in others with amendments. Oct. 9, House and Senate agreed to conference report.

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 PUBLIC LAW 9 8 - 5 7 4 - O C T. 30, 1984

98 STAT. 3051

Public Law 98-574 98th Congress An Act To designate various areas as components of the National Wilderness Preservation System in the national forests in the State of Texas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Texas Wilderness Act of 1984". DESIGNATION OF WILDERNESS AREAS

SEC. 2. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136), the following lands in the State of Texas are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (1) certain lands in the Angelina National Forest, Texas, which comprise approximately five thousand four hundred acres, as generally depicted on a map entitled "Turkey Hill Wilderness—Proposed", dated March 1984, and which shall be known as the Turkey Hill Wilderness; (2) certain lands in the Angelina National Forest, Texas, which comprise approximately twelve thousand acres, as generally depicted on a map entitled "Upland Island Wilderness— Proposed"; dated March 1984, and which shall be known as the Upland Island Wilderness; (3) certain lands in the Davy Crockett National Forest, Texas, which comprise approximately three thousand acres, as generally depicted on a map entitled "Big Slough Wilderness— Proposed", dated March 1984, and which shall be known as the Big Slough Wilderness; (4) certain lands in the Sabine National Forest, Texas, which comprise approximately nine thousand nine hundred and fortysix acres, as generally depicted on a map entitled "Indian Mounds Wilderness—Proposed", dated September 1984, and which shall be known as the Indian Mounds Wilderness; and (5) certain lands in the Sam Houston National Forest, Texas, which comprise approximately four thousand acres, as generally depicted on a map entitled "Little Lake Creek Wilderness—Proposed", dated March 1984, and which shall be known as the Little Lake Creek Wilderness. MAPS AND DESCRIPTIONS

SEC. 3. As soon as practicable after enactment of this Act, the Secretary of Agriculture shall file a map and legal description of each wilderness area designated by this Act with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and description shall have the same force and effect as if included in this Act, except that correction of clerical and

Oct. 30, 1984 [H.R. 3788] Texas Wilderness Act of 1984. National Wilderness Preservation System. National Forest System. 16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

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Author:John C. Welch

Articles in Popular Science Monthly

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Public availability.

PUBLIC LAW 98-574—OCT. 30, 1984

typographical errors in each such map and description may be made by the Secretary. Each such map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. ADMINISTRATION OF WILDERNESS

16 USC 1131 note.

Contracts with U.S.

SEC. 4. (a) Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (b) The Congress finds that the Indian Mounds and Upland Island Wilderness areas designated by this Act contain significant amounts of intermingled lands owned by the Temple-Eastex Incorporated and that in order to manage the wilderness in an efficient and effective manner it is in the public interest that these lands be owned by the Federal Government. Accordingly, the Secretary is encouraged to expeditiously acquire by exchange the intermingled lands owned by Temple-Eastex Incorporated. The lands acquired by the United States under the provisions of this section shall become parts of the Sabine and Angelina National Forests, respectively, and shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System and the National Wilderness Preservation System, as appropriate. (c) Any purchaser under an existing timber sale contract wholly or partially within the boundaries of the Indian Mounds, Upland Islands, or Little Lake Creek Wilderness areas designated by this Act shall be entitled, for a period of ninety days following the date of enactment of this Act, to enter into an agreement with the Secretary to mutually cancel the timber sale contract without payment of damages by either party if the contract is not in breach and if the purchaser has completed its contractual obligations to logical stopping points as determined by the Secretary after consultation with the purchaser: Provided, That upon satisfaction of all such contract requirements, moneys held by the Forest Service for payment of timber to be cut under the contract shall be returned to the purchaser with interest payable from the date the moneys were deposited with the Forest Service at the rate published for use under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611). EFFECT OF RARE II

Conservation.

Congress.

SEC. 5. (a) The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in the State of Texas, and of the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System

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lands in States other than Texas, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Texas; (2) with respect to the National Forest System lands in the State of Texas which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time, the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in the State of Texas reviewed in such final environmental statement or referenced in subsection (d) and not designated wilderness upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; (4) in the event that revised land management plans in the State of Texas are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of National Forest System lands in the State of Texas for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System. (c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan.

16 USC 1600 "o*^-

16 USC 1604.

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PUBLIC LAW 98-574—OCT. 30, 1984

(d) The provisions of this section shall eilso apply to National Forest System roadless lands in the State of Texas which are less than five thousand acres in size. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 3788: HOUSE REPORT No. 98-730, Pt 1 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-614 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 130 (1984): May 8, considered and passed House. Oct. 2, considered and passed Senate, amended. Oct. 4, House concurred in Senate amendment.

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text: Author:Charles Stuart Faucheraud Weld

title: Author:Charles Stuart Faucheraud Weld


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Page:United States Statutes at Large Volume 98 Part 3.djvu/683

 PUBLIC LAW 98-575—OCT. 30, 1984

98 STAT. 3055

Public Law 98-575 98th Congress An Act To facilitate commercial space launches, and for other purposes.

Oct. 30, 1984 [H.R. 3942]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.

Commercial

SHORT TITLE

Space Launch Act.

SECTION 1. This Act may be cited as the "Commercial Space Launch Act".

49 USC app. 26oi "o^.

FINDINGS

SEC. 2. The Congress finds and declares that— (1) the peaceful uses of outer space continue to be of great value and to offer benefits to all mankind; (2) private applications of space technology have achieved a significant level of commercial and economic activity, and offer the potential for growth in the future, particularly in the United States; (3) new and innovative equipment and services are being sought, created, and offered by entrepreneurs in telecommunications, information services, and remote sensing technology; (4) the private sector in the United States has the capability of developing and providing private satellite launching and associated services that would complement the launching and associated services now available from the United States Government; (5) the development of commercial launch vehicles and associated services would enable the United States to retain its competitive position internationaly, thereby contributing to the national interest and economic well-being of the United States; (6) provision of launch services by the private sector is consistent with the national security interests and foreign policy interests of the United States and would be facilitated by stable, minimal, and appropriate regulatory guidelines that are fairly and expeditiously applied; and (7) the United States should encourage private sector launches and associated services and, only to the extent necessary, regulate such launches and services in order to ensure compliance with international obligations of the United States and to protect the public health and safety, safety of property, and national security interests and foreign policy interests of the United States.

49 USC app. 260L

PURPOSES

SEC. 3. It is therefore the purpose of this Act— (1) to promote economic growth and entrepreneurial activity through utilization of the space environment for peaceful purposes;

49 USC 2602.

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 98 STAT. 3056

PUBLIC LAW 98-575—OCT. 30, 1984 (2) to encourage the United States private sector to provide launch vehicles and associated launch services by simplifying and expediting the issuance and transfer of commercial launch licenses and by facilitating and encouraging the utilization of Government-developed space technology; and (3) to designate an executive department to oversee and coordinate the conduct of commercial launch operations, to issue and transfer commercial launch licenses authorizing such activities, and to protect the public health and safety, safety of property, and national security interests and foreign policy interests of the United States. DEFINITIONS

49 USC app. 2603.

SEC. 4. For purposes of this Act— (1) "agency" means an executive agency as defined by section 105 of title 5, United States Code; (2) "launch" means to place, or attempt to place, a launch vehicle and payload, if any, in a suborbital trajectory, in Earth orbit in outer space, or otherwise in outer space; (3) "launch property" means propellants, launch vehicles and components thereof, and other physical items constructed for or used in the launch preparation or launch of a launch vehicle; (4) "launch services" means those activities involved in the preparation of a launch vehicle and its payload for launch and the conduct of a launch; (5) "launch site" means the location on Earth from which a launch takes place, as defined in any license issued or transferred by the Secretary under this Act, and includes all facilities located on a launch site which are necessary to conduct a launch; (6) "launch vehicle" means any vehicle constructed for the purpose of operating in, or placing a payload in, outer space and any suborbital rocket; (7) "payload" means an object which a person undertakes to place in outer space by means of a launch vehicle, and includes subcomponents of the launch vehicle specifically designed or adapted for that object; (8) "person" means any individual and any corporation, partnership, joint venture, association, or other entity organized or existing under the laws of any State or any nation; (9) "Secretary" means the Secretary of Transportation; (10) "State", and "United States" when used in a geographical sense, mean the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the United States Virgin Islands, Guam, and any other commonwealth, territory, or possession of the United States; and (11) "United States citizen" means— (A) any individual who is a citizen of the United States; (B) any corporation, partnership, joint venture, association, or other entity organized or existing under the laws of the United States or any State; and (C) any corporation, partnership, joint venture, association, or other entity which is organized or exists under the laws of a foreign nation, if the controlling interest (as defined by the Secretary in regulations) in such entity is

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98 STAT. 3057

held by an individual or entity described in subparagraph (A)or(B). GENERAL RESPONSIBIUTIES OF THE SECRETARY AND OTHER AGENCIES

SEC. 5. (a) The Secretary shall be responsible for carrying out this Act, and in doing so shall— (1) encourage, facilitate, and promote commercial space launches by the private sector; and (2) consult with other agencies to provide consistent application of licensing requirements under this Act and to ensure fair and equitable treatment for all license applicants. 0)) To the extent permitted by law, Federal agencies shall assist the Secretary, as necessary, in carrying out this Act.

49 USC app. 2604.

REQUIREMENT OF UCENSE FOR PRIVATE SPACE LAUNCH OPERATIONS

SEC. 6. (a)(1) No person shall launch a launch vehicle or operate a 49 USC app. launch site within the United States, unless authorized by a license 2605. issued or transferred under this Act. (2) No United States citizen described in subparagraph (A) or (B) of section 4(11) shall launch a launch vehicle or operate a launch site outside the United States, unless authorized by a license issued or transferred under this Act. (3)(A) No United States citizen described in subparagraph (C) of section 4(11) shall launch a launch vehicle or operate a launch site at any place which is both outside the United States and outside the territory of any foreign nation, unless authorized by a license issued or transferred under this Act. The preceding sentence shall not apply with respect to a launch or operation of a launch site if there is an agreement in force between the United States and a foreign nation which provides that such foreign nation shall exercise jurisdiction over such launch or operation. (B)(i) Except as provided in clause (ii) of this subparagraph, this Act shall not apply to the launch of a launch vehicle or the operation of a launch site in the territory of a foreign nation by a United States citizen described in subparagraph (C) of section 4(11). (ii) If there is an agreement in force between the United States international and a foreign nation which provides that the United States shall agreements. exercise jurisdiction over the launch of a launch vehicle or operation of a launch site in the territory of such nation by a United States citizen described in subparagraph (C) of section 4(11), no such United States citizen shall launch a launch vehicle or operate a launch site in the territory of such nation, unless authorized by a license issued or transferred under this Act. (b)(1) The holder of a launch license under this Act shall not launch a payload unless that payload complies with all requirements of Federal law that relate to the launch of a payload. The Secretary shall ascertain whether any license, authorization, or other permit required by Federal law for a payload which is to be launched has been obtained. (2) If no payload license, authorization, or permit is required by any Federal law, the Secretary may take such action under this Act as the Secretary deems necessary to prevent the launch of a payload by a holder of a launch license under this Act if the Secretary determines that the launch of such payload would jeopardize the

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text: Author:James Simpson Chester Wells

title: Author:James Simpson Chester Wells


text:
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 98 STAT. 3058

PUBLIC LAW 98-575—OCT. 30, 1984

public health and safety, safety of property, or any national security interest or foreign policy interest of the United States. (c)(1) Except as provided in this Act, no person shall be required to obtain from any agency a license, approval, waiver, or exemption for the launch of a launch vehicle or the operation of a launch site. (2) Nothing in this Act shall affect the authority of the Federal Communications Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.) or the authority of the Secretary of Commerce under the Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et seq.). AUTHORITY TO ISSUE AND TRANSFER LICENSES

49 USC app. 2606.

SEC. 7. The Secretary may, consistent with the public health and safety, safety of property, and national security interests and foreign policy interests of the United States, issue or transfer a license for launching one or more launch vehicles or for operating one or more launch sites, or both, to an applicant who meets the requirements for a license under section 8 of this Act. Any license issued or transferred under this section shall be in effect for such period of time as the Secretary may specify, in accordance with regulations issued under this Act. LICENSING REQUIREMENTS

49 USC app. 2607.

SEC. 8. (a)(1) All requirements of Federal law which apply to the launch of a launch vehicle or the operation of a launch site shall be requirements for a license under this Act for the launch of a launch vehicle or the operation of a launch site, respectively, except to the extent provided in paragraph (2). (2) If the Secretary determines, in consultation with appropriate agencies, that any requirement of Federal law that would otherwise apply to the launch of a launch vehicle or the operation of a launch site is not necessary to protect the public health and safety, safety of property, and national security interests and foreign policy interests of the United States, the Secretary may by regulation provide that such requirement shall not be a requirement for a license under this Act. (b) The Secretary may, with respect to launches and the operation of launch sites, prescribe such additional requirements as are necessary to protect the public health and safety, safety of property, and national security interests and foreign policy interests of the United States. (c) The Secretary may, in individual cases, waive the application of any requirement for a license under this section if the Secretary determines that such waiver is in the public interest and will not jeopardize the public health and safety, safety of property, or any national security interest or foreign policy interest of the United States. LICENSE APPLICATION AND APPROVAL

49 USC app. 2608.

SEC. 9. (a) Any person may apply to the Secretary for issuance or transfer of a license under this Act, in such form and manner as the Secretary may prescribe. The Secretary shall establish procedures and timetables to expedite review of applications under this section and to reduce regulatory burdens for applicants.

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(b) The Secretary shall issue or transfer a license to an applicant if the Secretary determines in writing that the applicant complies and will continue to comply with the requirements of this Act and any regulation issued under this Act. The Secretary shall include in such license such conditions as may be necessary to ensure compliance with this Act, including an effective means of on-site verification that a launch or operation of a launch site conforms to representations made in the application for a license or transfer of a license. The Secretary shall make a determination on any application not later than 180 days after receipt of such application. If the Secretary has not made a determination within 120 days after receipt of such application, the Secretary shall inform the applicant of any pending issues and of actions required to resolve such issues. (c) The Secretary, any officer or employee of the United States, or any person with whom the Secretary has entered into a contract under section 140)) of this Act may not disclose any data or information under this Act which qualifies for exemption under section 55203X4) of title 5, United States Code, or is designated as confidential by the person or agency furnishing such data or information, unless the Secretary determines that the withholding of such data or information is contrary to the public or national interest. SUSPENSION, REVOCATION, AND MODIFICATION OF UCENSES

SEC. 10. (a) The Secretary may suspend or revoke any license issued or transferred under this Act if the Secretary finds that the licensee has substantially failed to comply with any requirement of this Act, the license, or any regulation issued under this Act, or that the suspension or revocation is necessary to protect the public health and safety, safety of property, or any national security interest or foreign policy interest of the United States. 0)) Upon application by the licensee or upon the Secretary's own initiative, the Secretary may modify a license issued or transferred under this Act, if the Secretary finds that the modification will comply with the requirements of this Act. (c) Unless otherwise specified by the Secretary, any suspension, revocation, or modification by the Secretary under this section— (1) shall take effect immediately; and (2) shall continue in effect during any review of such action under section 12 of this Act. (d) Whenever the Secretary takes any action under this section, the Secretary shall notify the licensee in writing of the Secretary's finding and the action which the Secretary has taken or proposes to take regarding such finding.

49 USC app. 2609.

EMERGENCY ORDERS

SEC. 11. (a) The Secretary may terminate, prohibit, or suspend immediately the launch of a launch vehicle or the operation of a launch site which is licensed under this Act if the Secretary determines that such launch or operation is detrimental to the public health and safety, safety of property, or any national security interest or foreign policy interest of the United States. Ob) An order terminating, prohibiting, or suspending any launch or operation of a launch site licensed by the Secretary under this Act shall take effect immediately and shall continue in effect during any review of such order under section 12.

Prohibition. ^9 USC app. 2610.

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 98 STAT. 3060

PUBLIC LAW 98-575—OCT. 30, 1984 ADMINISTRATIVE AND JUDICIAL REVIEW

49 USC app. 2611

SEC. 12. (a)(1) An applicant for a license and a proposed transferee of a license under this Act shall be entitled to a determination on the record after a n opportunity for a h e a r i n g in accordance w i t h section 554 of title 5, United States Code, of any decision of the Secretary under section 9(b) to issue or transfer a license w i t h conditions or to deny the issuance or transfer of such license. A n owner or operator of a payload shall be entitled to a determination on the record after a n opportunity for a h e a r i n g in accordance w i t h section 554 of title 5, United States Code, of any decision of the Secretary under section 6(b)(2) to p r e v e n t the l a u n c h of such payload. (2) A licensee under t h i s Act shall be entitled to a determination on the record after a n opportunity for a h e a r i n g in accordance with section 554 of title 5, United States Code, of any decision of the

Secretary— (A) under section 10 to suspend, revoke, or modify a license; or (B) under section 11 to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary. (b) Any final action of the Secretary under this Act to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload shall be subject to judicial review as provided in chapter 7 of title 5, United States Code. REGULATIONS

49 USC app. 2612.

SEC. 13. The Secretary may issue such regulations, after notice and c o m m e n t in accordance with section 553 of title 5, United States Code, as may be necessary to c a r r y out t h i s Act. MONITORING OF ACTIVITIES OF LICENSEES

49 USC app. 2613.

S E C 14. (a) Each license issued or transferred under this Act shall require the licensee—

(1) to allow the Secretary to place Federal officers or employees or other individuals as observers at any launch site used by the licensee, at any production facility or assembly site used by a contractor of the licensee in the production or assembly of a launch vehicle, or at any site where a payload is integrated with a launch vehicle, in order to monitor the activities of the licensee or contractor at such time and to such extent as the Secretary considers reasonable and necessary to determine compliance with the license or to carry out the responsibilities of the Secretary under section 6(b) of this Act; and (2) to cooperate with such observers in the performance of monitoring functions. (b) The Secretary may, to the extent provided in advance by appropriation Acts, enter into a contract with any person to carry out subsection (a)(1) of this section. USE OF GOVERNMENT PROPERTY

49 USC app. 2614.

SEC. 15. (a) The Secretary shall take such actions as may be necessary to facilitate and encourage the acquisition (by lease, sale, t r a n s a c t i o n in lieu of sale, or otherwise) by the private sector of

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98 STAT. 3061

launch property of the United States which is excess or is otherwise not needed for public use and of launch services, including utilities, of the United States which are otherwise not needed for public use. 03)(1) The amount to be paid to the United States by any person who acquires launch property or launch services, including utilities, shall be established by the agency providing the property or service, in consultation with the Secretary. In the case of acquisition of launch property by sale or transaction in lieu of sale, the amount of such payment shall be the fair market value. In the case of any other type of acquisition of launch property, the amount of such payment shall be an amount equal to the direct costs (including any specific wear and tear and damage to the property) incurred by the United States as a result of the acquisition of such launch property. In the case of any acquisition of launch services, including utilities, the amount of such payment shall be an amount equal to the direct costs (including salaries of United States civilian and contractor personnel) incurred by the United States as a result of the acquisition of such launch services. (2) The Secretary may collect any payment for launch property or launch services, with the consent of the agency establishing such payment under paragraph (1). (3) The amount of any payment received by the United States for launch property or launch services, including utilities, under this subsection shall be deposited in the general fund of the Treasury, and the amount of a payment for launch property (other than launch property which is excess) and launch services (including utilities) shall be credited to the appropriation from which the cost of providing such property or services was paid. (c) The Secretary may establish requirements for liability insurance, hold harmless agreements, proof of financial responsibility, and such other assurances as may be needed to protect the United States and its agencies and personnel from liability, loss, or injury as a result of a launch or operation of a launch site involving Government facilities or personnel. LIABILITY INSURANCE

SEC. 16. Each person who launches a launch vehicle or operates a 49 USC app. launch site under a license issued or transferred under this Act 2615. shall have in effect liability insurance at least in such amount as is considered by the Secretary to be necessary for such launch or operation, considering the international obligations of the United States. The Secretary shall prescribe such amount after consultation with the Attorney General and other appropriate agencies. ENFORCEMENT AUTHORITY

SEC. 17. (a) The Secretary shall enforce this Act. The Secretary 49 USC app. may delegate the exercise of any enforcement authority under this 2616. Act to any officer or employee of the Department of Transportation or, with the approval of the head of another agency, any officer or employee of such agency. (b) In carrying out this section, the Secretary may— (1) make investigations and inquiries, and administer to or take from any person an oath, affirmation, or affidavit, concerning any matter relating to enforcement of this Act; and (2) pursuant to any lawful process—

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 98 STAT. 3062

PUBLIC LAW 98-575—OCT. 30, 1984 (A) enter at any reasonable time any launch site, production facility, or assembly site of a launch vehicle, or any site where a payload is integrated with a launch vehicle, for the purpose of inspecting any object which is subject to this Act and any records or reports required by the Secretary to be made or kept under this Act; and (B) seize any such object, record, or report where there is probable cause to believe that such object, record, or report was used, is being used, or is likely to be used in violation of this Act. PROHIBITED ACTS

49 USC app. 26i'7-

SEC. 18. It is unlawful for any person to violate a requirement of this Act, a regulation issued under this Act, or any term, condition, or restriction of any license issued or transferred by the Secretary under this Act. CIVIL PENALTIES

49 USC app. 2618.

SEC. 19. (a) Any person who is found by the Secretary, after notice and opportunity to be heard on the record in accordance with section 554 of title 5, United States Code, to have committed any act prohibited by section 18 shall be liable to the United States for a civil penalty of not more than $100,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary by written notice. The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. (b) If any person fails to pay a civil penalty assessed against such person after the penalty has become final or if such person appeals an order of the Secretary and the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall recover the civil penalty assessed in any appropriate district court of the United States. (c) For purposes of conducting any hearing under this section, the Secretary may (1) issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, documents, and other records, (2) seek enforcement of such subpoenzis in the appropriate district court of the United States, and (3) administer oaths and affirmations. CONSULTATION

Defense and national security. ^^ use app.

SEC. 20. (a) The Secretary shall consult with the Secretary of Defense on all matters, including the issuance or transfer of each license, under this Act affecting national security. The Secretary of Defense shall be responsible for identifying and notifying the Secretary of those national security interests of the United States which are relevant to activities under this Act. (b) The Secretary shall consult with the Secretary of State on all matters, including the issuance or transfer of each license, under this Act affecting foreign policy. The Secretary of State shall be responsible for identifying and notifying the Secretary of those foreign policy interests or obligations of the United States which are relevant to activities under this Act. (c) The Secretary shall consult with other agencies, as appropriate, in order to carry out the provisions of this Act.

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RELATIONSHIP TO OTHER LAWS AND INTERNATIONAL OBLIGATIONS

SEC. 2 L (a) No State or political subdivision of a State may adopt or have in effect any law, rule, regulation, standard, or order which is inconsistent with the provisions of this Act. Nothing in this Act shall preclude a State or a political subdivision of a State from adopting or putting into effect any law, rule, regulation, standard, or order which is consistent with this Act and is in addition to or more stringent than any requirement of or regulation issued under this Act. The Secretary may, and is encouraged to, consult with the States to simplify and expedite the approval of space launch activities. (b) A launch vehicle or payload shall not, by reason of the launching of such vehicle or payload, be considered an export for purposes of any law controlling exports. (c) Nothing in this Act shall apply to— (1) any— (A) launch or operation of a launch vehicle, (B) operation of a launch site, or (C) other space activity, carried out by the United States on behalf of the United States; or (2) any planning or policies relating to any such launch, operation, or activity. (d) The Secretary shall carry out this Act consistent with any obligation assumed by the United States in any treaty, convention, or agreement that may be in force between the United States and any foreign nation. In carrying out this Act, the Secretary shall consider applicable laws and requirements of any foreign nation.

Prohibitions. 49 USC app. 2620.

REPORT ON LEGISLATION

SEC. 22. (a) Not later than the last day of each fiscal year ending after the date of enactment of this Act and before October 1, 1989, the Secretary shall submit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing all activities undertaken under this Act, including a description of the process for the application for and approval of licenses under this Act and recommendations for legislation that may further commercial launches. (b) Not later than July 1, 1985, the Secretary shall submit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report which identifies Federal statutes, treaties, regulations, and policies which may have an adverse effect on commercial launches and include recommendations on appropriate changes thereto.

Report. 49 USC app. 2621.

SEVERABILITY

SEC. 23. If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to any other person or circumstance shall not be affected by such invalidation.

49 USC app. 2622.

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 98 STAT. 3064

PUBLIC LAW 98-575—OCT. 30, 1984 AUTHORIZED APPROPRIATIONS

49 USC app. 2623.

SEC. 24. There are authorized to be appropriated to the Secretary $4,000,000 for fiscal year 1985. EFFECTIVE DATE

49 USC app. 2601 SEC. 25. (a) Except for section 15 and the authority to issue note. regulations, this Act shall take effect 180 days after the date of enactment of this Act. Ob) Section 15 shall take effect on the date of enactment of this Act, except that nothing in this Act shall affect any agreement, including negotiations which are substantially completed, relating to the acquisition of launch property or launch services of the United States entered into on or before the date of enactment of this Act between the United States and any private party. Regulations. (c) Regulations to implement this Act shall be promulgated not later than 180 days after the date of enactment of this Act. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 3942: HOUSE REPORT No. 98-816 (Comm. on Science and Technology). SENATE REPORT No. 98-656 (Comm. on eommerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): June 5, considered and passed House. Oct. 9, considered and passed Senate, amended; House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 44 (1984): Oct. 30, Presidential statement.

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98 STAT. 3065

Public Law 98-576 98th Congress An Act To provide that any Osage headright or restricted real estate or funds which is part of the estate of a deceased Osage Indian who did not possess a certificate of competency at the time of death shall be exempt from any estate or inheritance tax imposed by the State of Oklahoma.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) any Osage headright or restricted real estate or funds which is part of the estate of a deceased Osage Indian with respect to whom— ( D a certificate of competency had never been issued before the time of death, or (2) a certificate of competency had been revoked by the Secretary of the Interior before the death of such Osage Indian, shall be exempt from any estate or inheritance tax imposed by the State of Oklahoma. (b) Subsection (a) shall apply to the estate of any Osage Indian who dies on or after the date of the enactment of this Act. SEC. 2. For purposes of this Act— (1) the term "headright" means any right of any person to share in any royalties, rents, sales, or bonuses arising from the Osage mineral estate; (2) the term "Osage mineral estate" means any right, title, or interest in any oil, gas, coal, or other mineral held by the United States in trust for the benefit of the Osage Tribe of Indians under section 3 of the Osage Tribe Allotment Act; (3) the term "restricted real estate or funds" means any real estate or fund held by an Osage Indian or by the Secretary of the Interior in trust for the benefit of such Indian which is subject to any restriction against alienation, or transfer by any other means, under any Act of Congress applicable to the Osage Tribe of Indians or applicable generally to Indians or any bands, tribes, or nations of Indians; and (4) the term "Osage Tribe Allotment Act" means the Act approved June 28, 1906, and entitled "An Act for the division of the lands and funds of the Osage Indians in Oklahoma Territory, and for other purposes" (34 Stat. 539). Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 3971: HOUSE REPORT No. 98-1114 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 2, considered and passed House. Oct. 9, considered and passed Senate.

Oct. 30, 1984 [H.R. 3971]

Taxes. 25 USC 331 note.

25 USC 331 note.

34 Stat. 543

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text: Author:Frederick Charles Herman Wendel

title: Author:Frederick Charles Herman Wendel


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Page:United States Statutes at Large Volume 98 Part 3.djvu/694

 98 STAT. 3066

PUBLIC LAW 98-577—OCT. 30, 1984 Public Law 98-577 98th Congress An Act

Oct. 30, 1984 [H.R. 4209]

Small Business and Federal Procurement Competition Enhancement Act of 1984. 41 USC 251 note. Contracts, U.S.

To amend the Small Business Act, the Federal Property and Administrative Services Act of 1949, and the Office of Federal Procurement Policy Act to enhance competition in Government procurement, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE; T A B L E OF C O N T E N T S

SECTION 1. This Act, together with the following table of contents, may be cited as the "Small Business and Federal Procurement Competition Enhancement Act of 1984". TABLE OF CONTENTS TITLE I—PURPOSES AND DEFINITIONS Sec. 101. Purposes. Sec. 102. Definitions.

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE II—AMENDMENTS TO THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 201. Planning for future competition. 202. Encouraging new competitors. 203. Validation of proprietary data restrictions. 204. Commercial pricing for supplies. 205. Economic order quantities. 206. Prohibition of contractors limiting subcontractor sales directly to the United States. 207. Clerical amendment.

TITLE III—AMENDMENTS TO THE OFFICE OF FEDERAL PROCUREMENT POLICY ACT Sec. 301. Technical data management. Sec. 302. Publication of proposed regulations. Sec. 303. Procurement notices. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

41 USC 251 note.

401. 402. 403. 404. 501. 502. 503. 504. 505.

TITLE IV—AMENDMENTS TO THE SMALL BUSINESS ACT Certificate of competency. Small business subcontracting policy statements. Breakout procurement center representatives. Procurement notices. TITLE V—OTHER PROCUREMENT PROVISIONS Regulations on overhead. Personnel evaluations. Report on prime contractors qualifying additional sources. Technical amendments to Competition in Contracting Act of 1984. Repeal. PURPOSES

SEC. 101. The purposes of this Act are to— (1) eliminate procurement procedures and practices that unnecessarily inhibit full and open competition for contracts;

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