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Sanitized Copy Approved for Release 2011/04/06 : CIA-RDP87B00858R000200190013-0 | | ‘aut 84-3074 he | | STAT ice of Legis! on = ae Slip STAT | | | | | | | | : ! | | i | | STAT STAT y Name/Date 7 oe LL a C / uy 4 | \ Rats. oer ne \ dew b Sint og sied bs Bae oY 4 Sanitized Copy Approved for Release 2011/04/06 : CIA-RDP87B00858R000200190013-0 . , Sanitized Copy Approved for Release 2011/04/06 : CIA-RDP87B00858R000200190013-0 * See + Rueante wena wet ste te de ge ae [__Leoisarive son | LOA - S07 | 4 June 1984 NOTE TO: Deputy Director, OLL FROM : AGC/DDO SUBJECT: "Sense of the Congress" Resolution on Mining of Nicaraguan Ports 1. In furtherance of our recent conversation, I am attaching for your information an excerpt from the 23 May Congressional Record setting forth the House-passed version of the “Tax Reform Act of 1984." The legislation is quite lengthy, but your attention is directed to section 1001 which deals with the issue of the mining of Nicaraguan ports. 2. Mike Matheson at the State Department first noticed this provision and brought it to my attention on Friday night, but he has no idea how or why this section found its way into proposed tax legislation. In any case, Matheson tells me that this House-passed bill is now headed to conference. 3. I defer to you on any follow-up action. Attachment: a/s Pee ae Sanitized Copy Approved for Release 2011/04/06 : CIA-RDP87B00858R000200190013-0 STAT STAT STAT Sanitized Copy Approved for Release 2011/04/06 : CIA-RDP87B00858R000200190013-0 May 28, 1984 such term is defined in section 103 of title 5, United States Code). ‘(g) Cross REFERENCE.—For procedures re- lating to agency notification of the Secre- tary, see section 3721 of litle 31, United States Code." (2) Subsection (a) of section 6402 of such Code is amended by striking oul “subsection (c)” and inserting in lieu thereof “subsec- tions (c) and (d)”’. (3H1A) Subsection (UV of section 6103 of such Code (relating to confidentiality and disclosure of returns and information) is amended by adding at the end thereof the following new paragraph: (9) DISCLOSURE OF CERTAIN INFORMATION TO AGENCIES REQUESTING A REDUCTION UNDER SEC- TION 6402(c) OR 6402(d).— ‘(A) RETURN INFORMATION FROM INTERNAL REVENUE SERVICE.—The Secretary may, upon receiving a written request, disclose to offi- cers and employees of an agency seeking a reduction under section 6402(c) or 6402(d)— “(i the fact that a reduction has been made or has not been made under such sub- section with respect to any person; “fit) the amount of such reduction; and (tit) taxpayer identifying information of the person against whom a reduction was made or not made. “(B) RESTRICTION ON USE OF DISCLOSED IN- FORMATION.~Any Officers and employees of an agency receiving return information under subparagraph (A) shall use such infor- mation only for the purposes of, and to the extent necessary in, establishing appropri- ate agency records or in the defense of any litigation or administrative procedure ensu- ing from reduction made under section 6402(c) or section 6402(d).”. (BMA) Section 6103(p)(3H(A) of such Code (relating to procedure and recordkeeping) is amended by striking ont “(l) (1), (4B), (5), (7), or (8)” and inserting in lieu thereaf “(U (1), (4)(B), (5), (7), (8), or (9)". (i) Section 6103(pi(4) of such Code is amended by striking out “(U) (1), (2), or (5)” and inserting in lieu thereaf “(l) (1), (2), (5), or (9)”. (tii) Section 6103(p}(4F) (tt) of such Code is amended by striking out “(U) (1), (2), (3), or (5)" and inserting in lieu thereof “(U (1), (2), (3), (3), or (97. (4) Section 7213{a)(2) of such, Code (relat- ing to unauthorized disclosure of informa- tion) ts amended by striking out “(U) (6), (7), or (8)” and tnserting in liew thereof “a (6), (7), (8), or (9)"" (c) The amendments made by this section shall apply with respect to refunds payable under section 6402 of the Internal Revenue Code of 1954 after December 31, 1985, and before January 1, 1988. Suptirir E—CERTAIN PROVISIONS RELATING TO PUERTO RICO AND THE VIRGIN ISLANDS CLARIFICATION OF DEFINITION OF ARTICLES PRO- DUCED IN PUERTO RICO OR THE VIRGIN I8- LANDS Sec. 996. fa) Section 7652 of the Internal Revenue Code of 1954 (relating to shipments to the United States) is amended by adding or the end thereof the following new subsec- on: “(d) ARTICLES PRODUCED IN PUERTO RICO OR THE VIRGIN ISLANDS.—For purposes of sub- sections fa}(3) and (b/(3), any article con- taining distilled spirits shall in no event be treated as produced in Puerto Rico or the Virgin Islands unless at least 92 percent of the alcoholic content in such article is at- tributable to rum.” (0/1) Except as provided in paragraph (2), the amendments made by subsection (a) shall apply with respect to articles brought into the United States on or after February 28, 1984. (2HA) Subject to the limitations of sud- Paragraphs (B) and {C), the amendment CONGRESSIONAL RECORD — HOUSE made by subsection fa) shall not apply with respect to articles brought into the United States from Puerto Rico after February 28, 1984, and before July 1, 1984. (B) In the case of articles containing dis- tilled spirits brought into the United States from Puerto Rico after February 28, 1984, and before July 12, 1984, the aggregate amount payable to Puerto Rico by reason of subparagraph (A) shall not exceed the excess (i} $130,000,000, over, (ii) the aggregate amount payable to Puerto Rico under section 7652(a) of the In- ternal Revenue Code of 1954 with respect to articles containing distilled spirits (other than rum) which were brought into the United States after June 30, 1983, and before February 29, 1984, and which would not meet the requirements of section 7652(d)}(1) of such Code. (Ci4) Subparagraph (A) shall not apply with respect to any article if the Secretary determines thal an amount in excess of transportation costs was provided by Puerto Rico directly or indirectly to a distiller lo- cated in the United States with respect to such article. (ii) For purposes of this subparagraph, the term “transportation costs” means reim:, bursement for direct costs of transportation to and from Puerto Rico with respect to any article containing distilled spirits. (ce)(1) Paragraph (3) of section 7652(c) of such Code (relating to shipments of rum to the United States) is amended by inserting before the period “, and which would be eli- gible for cover over f produced in Puerto Rico or the Virgin Islands under subsection (dj. (2) The amendment made by paragraph (l) shall apply with respect to articles brought into the United States on or after February 28, 1984. LIMITATION ON TRANSFERS OF EXCISE TAX REVE- NUES TO PUERTO RICO AND THE VIRGIN IS- LANDS Sec. 997. (a) Section 7652 of the Internal Revenue Code of 1954 (relating to shipments to the United States) is amended by adding i the end thereof the following new subsec- ton: “(e) LIMITATION ON COVER OVER OF TAX ON DISTILLED Spirits.—For purposes of this sec- tion, with respect to taxes collected under section 5001 or this section on all distilled spirits, the amount covered into the treasur- tes of Puerto Rico and the Virgin Islands shall not exceed the lesser of the rate af-- “(1) $10.50, or “(2) the tax imposed ‘under section 5001(a)(1) or this section, on each proof gallon.” (b) The amendment made by this section shall apply to articles containing distilled spirits brought into the United States after December 31, 1984. Sustrtits F—PAYMENT TO STATES OF BACK CLAIMS PAYMENT SCHEDULE FOR REIMBURSEMENT OF BACK CLAIMS DUE THE STATES Sec. 998. (a) The payment schedule con- templated by section 136 of Public Law 97- 276 for reimbursement of expenditures de- scribed in that section is hereby established as follows: (1) For expenditures identified in the decree entered by the United States District Court for the District of Columbia on July 21, 1983, in the case of State of Connecticut v. Heckler, No. 81-2237, and allowed by the Secretary of Health and Human Services prior to the date of the enactment of this Act, payment shall be made by supplemental grant award or otherwise, within 30 days after the date Of the enactment of this Act. H 4567 (2) For any other expenditure described in such section 136 which was identified in such decree or in any other decree entered by a Federal court in a suit filed prior to Sep- tember 30, 1982, payment shall be made, by supplemental grant award or otherwise, as soon as the erpendilure or portion thereof involved is finally determined by the Secre- tary of Health and Human Services to be an allowable claim under the substantive provi- sions of the applicable title of the Social Se- curity Act (b) With respect to section 306 of Public Law 96-272, no State or local expenditure incurred prior to October 1, 1978, under a State plan approved under title I, IV, V, X, XIV, XVI, XIX, or XX of the Social Security Act, shall be reimbursed, now or hereafter, unless— (1) it is identified in paragraph (1) or (2) of subsection (a); or (2) the claim for such reimbursement (whether asserted as an adjustment to prior year costs, or otherwise) was filed with the Secretary of Health and Human Services not later than May 15, 1981. TITLE X—MISCELLANEOUS PROVISIONS MINING OF NICARAGUAN PORTS Sec. 1001. It is the-sense of the Congress that no funds heretofore or hereafter appro- priated in any Act of Congress shall be oblt- gated or expended for the purpose of plan- ning, directing, executing, or supporting the mining of the ports or territorial waters of Nicaragua. MAX PLANCK INSTITUTE FOR RADIOASTRONOMY Sec. 1002. fa) The Secretary of the Treas- ury is authorized and directed to admit free of duty any article provided by the Mar Planck Institute for Radioastronomy of the Federal Republic of Germany to the joint as- tronomical project being undertaken by the Steward Observatory of the University of Ar- izona and the Mar Planck Institute for the construction, installation, and operation of a sub-mm lelescope in the State of Arizona: Provided, That such article satisfies each af the following condittona: t (1) Such article qualifies as “instruments and apparatus” under Headnote 6(g) of Schedule 8, Part 4, TSUS, 19 U.S.C. séction 1202 (1970); 80 Stat. 897. (2) No instruments or apparatus of equtv- alent scientific value for the purposes for which such article is intended to be used is being manufactured in the United States. For purposes of this condition, scientific testing equipment provided by the Max Planck Institute and necessary for aligning, calibrating, or otherwise testing an instru- ment or apparatus shall be considered to be part of such instrument or apparatus. (0) The University of Arizona and/or the Mar Planck Institute shall submit to the United States Customs Service and to the International Trade Administration de- scriptions of the articles sought to be admit- ted free of duty containing sufficient detail to allow the United States Customs Service to determine whether subsection (a)(1) is satisfied and the International Trade Ad- ministration to determine whether subsec- tion (a){2) is satisfied. The descriptions may . be submitied in a single or in several sub- missions to each agency, as the University of Arizona and the Max Planck Institute shall deem appropriate during the course of the project. The United States Customs Serv- ice and the International Trade Administra- tion are directed to make their respective de- terminations within ninety days of the date that they have received a sufficient submis- sion with respect to an article or articles. fc) The Secretary of the Treasury is au- thorized and directed to readmit free of duty a eee eC Sanitized ony Approved for Release 2011/04/06 : CIA- RDP87B00858R000200190013- 0 Pan hc ane Sanitized Copy Approved for Release 2011/04/06 : CIA-RDP87B00858R000200190013-0 H 4568 any article admitted free of duty under sub- section fa) and subsequently returned to the Federal Republic of Germany for repatr, re- placement, or modification. (d) The Secretary of the Treasury is au- thorized and directed to admit free af duty any repair components for articles admitted Sree of duty under sudsection (a). fe) If any article ¢ itted free of duty under subsection (a/ * for any purpose other than the joint projec. within five years after being entered, duty on the article shall be assessed in accordance with the proce- dures established in Headnote 1 of Schedule & Part 4, TSUS, 19 U.S.C. section 1202 (1970), 80 Stat, 897. () The provisions of subsection (a) shall cpply with respect to articles entered for consumption after the day which is 15 days after the date of enactment of this Act and before November 1, 1993. ’ TITLE XI. MISCELLANEOUS TARIFF, TRADE, AND CUSTOMS PROVISIONS SEC. (101. EQUAL AND EQUITABLE CLASSIFICATION AND DUTY RATES FOR VARIOUS CORD- AGE PRODUCTS OF VIRTUALLY IDENTI- CAL CHARACTERISTICS. (a) IN GENERAL. Part 2 of schedule 3 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended— (1) by inserting “plastics or man-made materials,” immediately after “assemblages Of textile fider or yarns,” in headnote 1 (ah; and (2) by inserting “, plastics or other man- made materials” immediately after “Of man-made fibers” in the superior heading to tlems 316.55 and 316.58. (6) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with re- spect to articles entered, or withdrawn from warehouse for consumption, on or after the Sifteenth day after the enactment of this Act. SEC. 1102, LIKE AGRICULTURAL PRODUCTS. (a) IN GENERAL. Paragraph (10) of section | 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end thereof the following new sentence: “An agricultural product shall also be considered @ like prod- uct if— “(A) it is at an earlier state of processing than the imported article; and “(BJ the imported article is at an interme- | diate state of processing prior to its final consumption.”. (0) Errective Date.—The amendment made by subsection (q/ shall take effect on the fifteenth day on or after the date of the enactment of this Act. AKC. 1103. FISH NETTING AND NETS. (ad IN GeneraL,—The headnotes for sub- part B of part 1 of the Appendiz to the Tariff Schedules of the United States (19 U.S.C. 1202] is amended by adding at the end there- of the following new headnote: “(3) For purposes of item 905.30— “ta) The term ‘restricted amount’ means, with respect to the 12-month period begin- ning on April 1 of any calendar year, the greater of— “(A) 1,750,000 pounds, or “(B) 28,5 percent of the aggregate appar- ent United States consumption of such net- ting and nets during the calendar year pre- ceding such calendar year. “¢} On or before April 1 of each calendar year (beginning with 1984), the Internation- alt Trade Commission shall determine the aggregate apparent United States consump- tion of fish netting and fish nets, in pounds, during the preceding calendar year, shail report such determination to the Secretary of the Treasury and the Secretary of Com- merce, and shall publish such determination in the Federal Register.”. : (0) Rats or Dury.—Subpart B of part 1 of such Appendix is amended by inserting in numerical sequence the following new item: CONGRESSIONAL RECORD — HOUSE “905.30 Fish netting and fishing nets (including sections thereo!), of textile materials | { 9.45 of CARN Year nn 17% ad Mo change... On or before ia a wana to (ce) EFFEcTIVE DATe.—The amendments made by this section shall apply with respect to articles entered, or withdrawn from ware- house for consumption on or after the S¥f- teenth day after the date of the enactment of this Act, TITLE XHI—CIVIL SERVICE PROGRAMS COST-OF-LIVING ADJUSTMENTS UNDER THE CIVIL SERVICE RETIREMENT SYSTEM Sec. 1201. (a) Subsections (a) and (b) of section 8340 of title 5, United States Code, are amended to read as follows: “(a) For the purpose of this section— “(1) the term ‘base quarter’, as used with respect fo a year, means the calendar quar- ter ending on September 30 af such year; and “(2h the price index for a base quarter is the arithmetical mean of such inder for the 3 months comprising such quarter. “(o) Except as provided in subsection {c) of this section, effective December 1 of each year, each annuily payable from the Fund having @ commencing date not later than such December 1 shall be increased by the percent change in the price index for the base quarter of such year over the price index for the base quarter of the latest pre- ceding year in which an increase under this subsection was made, adjusted to the nearest % of 1 percent.”. (01) The amendments made by subsec- tion (a) shall take effect on the date of the enactment of this Act, except that no adjust- ment under section 8340(b) of title 5, United States Code (as amended by such subsec- tion), shall be made during the period begin- ning on the date of the enactment of this Act and ending November 30, 1984. (2) For purposes of the first increase under subsection (b) of section 8349 of title 5, United States Code fas amended by subsec- tion (a)) after the date of enactment of this Act, an increase under such subsection fas so amended) shall be deemed to have been made effective December 1, 1983. (c) Notwithstanding any other provision of law, beginning with the monthly rate pay- able for December 1984, any annuity or re-, tired or retirement pay payable under any retirement system for Government officers or employees which the President adjuata pursuant to section 8340(b) of title 5, United States Code fas amended by subsection (ai), shall hereafter be paid no earlier than the Jirst business day of the succeeding month. (d) Subsection (b) of section 301 of the Omnibus Budget Reconciliation Act of 1982 (96 Stat. 790; 5 U.S.C. 8340 note) is repealed. PAY COMPARABILITY ADJUSTMENT FOR FEDERAL EMPLOYEES Sec. 1202. fa}(t) Notwithstanding any other provision of law, in the case of fiscal year 1984, the overall percentage of the ad- justment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems shall be an increase of 3.5 percent, (2) The adjustment pursuant to paragraph (1) shall take effect on the first day of the first applicable pay period c i or after January 1, 1984. (b) Section 5305 of title 5, Code, is amended— st ncludes more Soe May 23, 1984 (1) in subsection fa)(2), by inserting “the Sirst January 1 after" before “October 1°" (2) in the first sentence of subsection (e/12) by inserting “the first January 1 after" before “October 1° and (3) in subsection (mJ, by striking out “Oc- tober 1" and inserting in lieu thereof “the first January 1 afler October 1 of the appli- cable year”. fci(1) Notwithstanding any other provi- sion of law, in the case of a prevailing rate employee described in section 5342(a}(2) of title 5, United States Code, or an employee covered by section 5348 of such title— (A) any increase in the rate of pay payable to such employee which would result from the expiration of the limitation contained in section 107(a) of Public Law 97-377 (96 Stat. 1909) shall not take effect, and (B) any adjustment under subchapter IV of chapter 53 of such title to any wage sched- ule or rate applicable to such employee which results from a wage survey and which (without regard to paragraph (4) of this sub- section) is scheduled to become effective during fiscal year 1984 shall not excced the schedule or rate payable on September 30, 1983 (determined with regard to the limita- tion contained in section 107(a) of Public Law 97-377) by more than 3.5 percent. (2) Notwithstanding the provisions of sec- tion 9(b) af Public Law 92-392 or section 704(b) of the Civil Service Reform Act of 1978, the provisions of paragraph (1) shall apply fin such manner as the Office of Per- sonnel Management shall prescribe) to pre- vailing rate employces to whom such section 9(b) applies, except that the provisions of paragraph (1) shall not apply to any in- crease in a wage schedule or rate which is required by the terms of a contract entered into before October 1, 1983. £3) The provisions of paragraph (1) shall not apply with respect to wage adjustments for prevailing rate supervisors under the su- pervisory pay plan published in the Fedcral Register on May 21, 1982 (47 Fed. Reg. 22100). (4) Notwithstanding any other provision of law, any adjustment in a wage schedule or rate that— (A) applies to a prevailing rate employee described in section 5342fa}(2) of title 5, United States Code, or that applies to any employee who ts covered by section 5348 af such litle, or who is subject to paragraph (2) of this subsection; (B) results from a wage survey; and (C) would take effect, were it not for this paragraph, on or after October 1, 1983, shall not take effect until the first day of the first applicable pay period beginning not less than 80 days after the day on which such adjustment would, were it not for this paragraph, otherwise have taken effect. The Office of Personnel Management shall take such actions as may be necessary to carry out the provisions of this paragraph. deduction from civilian pay for cost- of-living’ adjustment of retired or retainer pay Sec. 1203. Subsection (d) of section 301 of the Omnibus Budget Reconciliation Act of 1982 (96 Stat. 791; § U.S.C. 5332 note) is re- pealed. LEAVE FOR CERTAIN OVERSEAS EMPLOYEES Sec. 1204. Subsection (a) of section 6 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (73 Stat. 214; 20 U.S.C, 904(a)) is amended by striking out “except that—"' and all that follows through oy sich\ subsection and inserting in lieu thereof “extent that if the school year an eight months, any such i have served for the entire Sanitized Copy Approved for Release 2011/04/06 : CIA-RDP87B00858R000200190013-0