United States · United States Congress · 3 February 1983
Competitive Shipping and Shipbuilding Act of 1983 - Requires that, by 1984, five percent of all bulk cargoes imported into or exported from the United States by water be carried on U.S.-flag ships. Requires yearly one percent increases until the percentage of bulk cargoes carried on U.S.-flag ships reaches 20 percent. Provides for credit to importers and exporters for the use of U.S.-flag ships for the transportation of bulk cargoes between foreign ports. Authorizes the Secretary of Transportation to provide relief from the requirements of this Act upon a finding that U.S.-flag ships are not available within guideline rates. Sets forth factors which the Secretary shall consider in determining the extent of relief granted. Requires the Secretary to establish and publish guideline rates for the carriage of bulk cargoes subject to this Act. Requires the Secretary to assure that such rates take into account certain objectives. Requires the Secretary, in order to establish guideline rates, to estimate the current cost of operating U.S.-flag ships in the foreign bulk trades of the United States and of constructing such ships. Requires such cost estimates to be published within six months after enactment of this Act. Requires such estimates to be revised annually. Requires that such rates: (1) be reviewed and adjusted at least annually; (2) not reflect costs greater than the estimated current costs; and (3) be the maximum rates which may be charged for the charter of U.S.-flag ships for the transportation of bulk cargoes governed by this Act. Requires the Secretary to establish and publish interim guideline rates in the first calendar year following the enactment of this Act. Sets forth factors to be taken into account in determining such rates. Requires the Secretary to appoint and consult with an advisory committee to establish and review U.S.-flag ship operating costs, shipyard construction costs, guideline rates, and regulations. Requires anyone engaged in importing or exporting bulk commodities in U.S. foreign commerce whose business volume exceeds $1,000,000 annually to report to the Secretary on the percentages of such person's exports and imports carried on U.S. flag ships. Requires anyone who fails to transport the required percentage of U.S. bulk cargoes to use exclusively U.S. flag ships until the deficiency has been recouped, unless Secretarial relief has been granted. Establishes civil penalties for violations of this Act. Sets forth procedures for the investigation, prosecution, and judicial review of violations of this Act.
United States · United States Congress · 3 February 1983
Amends the Federal criminal code to establish penalties for taking or attempting to take property by force, violence, or intimidation from either a pharmacy or a person registered with the Drug Enforcement Administration. Increases the penalties if any person's life is endangered by use of a dangerous weapon or if any person is assaulted or killed during the commission of such offense. Directs the Attorney General to report to Congress on the enforcement of this Act.
United States · United States Congress · 2 February 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code of 1954 to permit the continued issuance of tax-exempt (interest excluded from gross income) mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 2 February 1983
Fair Practices in Automotive Products Act - Sets forth for all motor vehicle manufacturers which produce over 100,000 motor vehicles for ultimate retail sale in the United States "minimum domestic content ratios" (the domestic value, including labor and parts, of the manufacturer's production costs of all automotive products sold in the United States). Requires all vehicle manufacturers producing more than 100,000 motor vehicles for sale in the United States to provide information to the Secretary of Transportation for the purpose of administering this requirement. Establishes penalties for a vehicle manufacturer who fails to meet the minimum domestic content ratio. Directs the Secretary of Transportation and the Federal Trade Commission to investigate and prepare a written report regarding policies and practices of vehicle manufacturers used to persuade U.S. motor vehicle dealers to favor foreign made parts rather than domestically produced parts.
United States · United States Congress · 2 February 1983
Amends the Export Administration Act of 1979 to exempt from the termination provisions of such Act provisions relating to the export of domestically produced crude oil.
United States · United States Congress · 2 February 1983
Expresses the sense of the House of Representatives that: (1) the Department of Education should withdraw all remaining proposed regulations relating to the Education for All Handicapped Children Act of 1975 and should increase its efforts to provide technical assistance to States and local schools for improved services to handicapped children; and (2) any final regulations promulgated by the Department under such Act should be rejected if they would dilute the strength of the protection of the educational rights of handicapped children.
United States · United States Congress · 2 February 1983
Expresses the sense of the Congress that funding for community service employment programs for senior citizens under title V of the Older Americans Act of 1965 for FY 1984 and subsequent fiscal years should be provided at levels sufficient to maintain or increase the number of employment positions provided under such programs.
United States · United States Congress · 1 February 1983
Amends the Internal Revenue Code to treat as long-term capital gain, amounts actually paid to a taxpayer with respect to a small business participating debenture which constitute the distribution of a share of the earnings of the issuer. Defines "small business participating debenture" (SBPD) as a written debt instrument issued by a qualified small business which: (1) is a general obligation of such business; (2) bears interest at a specified rate; (3) has a fixed maturity; (4) grants no voting or conversion rights in the business to the purchaser; and (5) provides for the payment of a share of the issuer's total earnings. Defines "qualified small business" as one: (1) whose equity capital does not exceed $10,000,000; (2) the face value of all of whose outstanding SBPD's does not exceed $1,000,000; and (3) which has no outstanding securities subject to regulation by the Securities and Exchange Commission. Treats losses on small business participating debentures as ordinary losses. Allows an interest expense deduction for interest and share-of-earnings payments made on such debentures.
United States · United States Congress · 31 January 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to delay the effective date of provisions requiring the withholding of tax on interest and dividends until 1984. Repeals provisions authorizing the Secretary of the Treasury to delay the application of such provisions for certain payors.
United States · United States Congress · 31 January 1983
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee. Makes such amendment inapplicable to laws permitting medical procedures required to prevent the death of the mother.
United States · United States Congress · 27 January 1983
Expresses the sense of Congress that: (1) Federal nutrition programs, including the food stamp, child nutrition, and elderly feeding programs, should be protected from budget cuts; (2) the WIC (supplemental food program for women, infants, and children) should continue to be fully funded; and (3) the Federal Government should maintain primary responsibility for nutrition programs.
United States · United States Congress · 26 January 1983
American Conservation Corps Act of 1983 - Directs the Secretary of the Interior, in cooperation with the Secretary of Agriculture, to establish and administer a public lands conservation, rehabilitation, and improvement program called the American Conservation Corps. Requires the Secretary to provide assistance to program agencies (any Federal or State agency responsible for the management of public lands) to establish and operate residential and nonresidential conservation centers to implement program projects. Describes the types of projects which will receive program preference. Limits program projects to those on public lands or Indian lands, except where projects on nonpublic lands provide documented public benefits. Sets forth requirements for establishing conservation centers and eligibility criteria for enrollees in the program. Makes persons eligible for enrollment and employment in the program if they are: (1) unemployed; (2) between the ages of 16 and 25 years; and (3) citizens, lawful permanent residents, or lawfully admitted alien parolees or refugees. Provides that, in the selection of enrollees for the program, preference shall be given to economically, socially, physically, and educationally disadvantaged youth and youth residing in areas having substantial unemployment. Requires program agencies to provide services, facilities, supplies, and equipment for conservation centers as the Secretary deems necessary. Authorizes the Secretary to award grants to, or enter into agreements with, program agencies for the funding and operation of conservation centers. Authorizes appropriations for FY 1983 through 1989. Requires that such appropriations come from specified Treasury receipts. States that program enrollees shall not be deemed Federal employees, except for certain purposes. Directs the Secretary to establish pay rates and to coordinate the program with related Federal, State, local, and private activities. Directs the Secretary to submit a report to Congress, within one year of enactment of this Act, on the feasibility of allowing enrollees who have completed two years in the program an exemption from training and service under the Military Selective Service Act. Directs the Secretary to make arrangements with educational institutions to award academic credit to enrollees for competencies developed under this Act. Authorizes program agencies to make arrangements with such institutions for academic study by enrollees during nonworking hours. Requires program agencies to provide certification of skills acquired by program participants and to provide job guidance and placement information as necessary. Directs the Secretary to submit an annual report to the President and Congress detailing the activities carried out under this Act. Entitles to an appeal to the Merit Systems Protection Board any Federal employee displaced rightly or wrongly by activities under this Act. Grants similar appeal rights to the employees of any contract grantee similarly displaced.
United States · United States Congress · 26 January 1983
Social Security Benefit Termination Reform Act of 1982 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that monthly insurance benefits shall be paid for the month in which a beneficiary dies. Requires that the amount of such benefits be proportionate to the number of days of such month preceding the date of the beneficiary's death.
United States · United States Congress · 26 January 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a U. S. citizen or national if such individual: (1) is not a permanent resident of the United States; or (2) is outside the United States. Prohibits the payment of title II benefits to any dependent or survivor of such an individual on the basis of such individual's wages and self-employment income. Makes such prohibition inapplicable if the benefit involved is payable to such an individual as the dependent or survivor of: (1) a U. S. citizen or national; (2) a permanent resident of the United States; or (3) a U. S. citizen or national residing outside the United States if the relationship required for such individual's entitlement already existed at the time such national or citizen reached age 50. Authorizes the payment of title II benefits to an individual who is not entitled to benefits pursuant to this Act until the total amount of such benefits equals the total amount of any taxes paid on the wages and self-employment income on which the benefits are based.
United States · United States Congress · 25 January 1983
American Defense Education Act - Authorizes a national program to provide incentives to local educational agencies to improve: (1) instruction in mathematics, science, communication skills, foreign languages, and technology; and (2) guidance and counseling. Title I: Elementary and Secondary Education Programs - Requires local education agencies which desire to participate in such national program to develop and carry out a program of improvement of instruction and student achievement. Sets forth requirements for such programs. Entitles participating local educational agencies to receive basic payments for each fiscal year equal to two percent of an established payment rate multiplied by the average daily attendance. Entitles agencies which show substantial evidence of meeting program goals to an incentive payment equal to an additional two percent of the established payment rate multiplied by the average daily attendance. Sets forth a formula for establishing such payment rate. Sets forth requirements for applications for payments. Directs the Secretary of Education ("the Secretary") to approve applications which meet such requirements. Sets forth provisions for participation in such program by children enrolled in private schools. Title II: Teacher Training and Postsecondary Programs - Authorizes the Secretary to establish a program of grants to institutions of higher education for coordination between such institutions and local education agencies in improving science and mathematics education, through precollege teacher training, development, and recruitment programs. Sets forth requirements for grant proposals and priorities in grant selection. Authorizes appropriations for FY 1985 through 1987 for such grants. Title III: Research to Improve Instruction - Directs the Secretary to administer, through the National Institute of Education (NIE), in consultation with appropriate Federal agencies, a program to support research and development into effective education in mathematics, the sciences, foreign languages, and technology. Authorizes appropriations to the Department of Education to be made available to NIE to carry out such educational research program for FY 1985 through 1987. Title IV: General Provisions - Directs the Secretary to administer the program and to pay each local educational agency with an approved application the amount to which it is entitled for each fiscal year. Provides for a joint survey and report to Congress by the Secretaries of Defense and Education, for each year from 1983 through 1987, on the academic achievement levels of U.S. 18-year-olds and the personnel training and educational needs of the armed forces.
United States · United States Congress · 25 January 1983
Amends the Department of Defense Appropriation Act, 1983 to require that certain procured articles be packaged in the United States or its possessions.
United States · United States Congress · 25 January 1983
Authorizes the President to present on behalf of Congress a gold medal to Danny Thomas in recognition of his humanitarian efforts and outstanding work as an American. Directs the Secretary of the Treasury to strike a gold medal with suitable emblems, devices, and inscriptions to be determined by said Secretary. Provides, effective October 1, 1983, funds not to exceed $22,000 to carry out the purposes of the Act. Provides that the Secretary may cause bronze duplicates of the medal to be coined and sold under regulations prescribed by the Secretary at a price sufficient to cover the costs of producing the gold medal. Directs that the appropriation used to carry out the provisions of the Act shall be reimbursed out of the proceeds from such coin sales. Provides that the medals are to be national medals.
United States · United States Congress · 6 January 1983
Prohibits Federal involvement in the performance of abortions, except when the life of the mother would be endangered if the child were carried to term. Includes the following activities within the scope of this prohibition: (1) performance of an abortion by a Federal agency; (2) use of appropriated funds to perform or reimburse or refer for abortions; (3) promotion or assistance in the performance of abortions abroad; (4) contracting for insurance which pays or reimburses for abortions; (5) discrimination against an individual on the basis of that person's opposition to abortions; and (6) the withholding from a handicapped infant of nutritional sustenance, medical or surgical treatment by an institution receiving Federal assistance. Provides for expedited Supreme Court review of State laws restricting abortions or infanticide whenever such laws have been invalidated by a lower court.
United States · United States Congress · 6 January 1983
Amends the Internal Revenue Code to permit States and local governments to provide statements of tax refunds, credits, and offsets to individuals at any time during the calendar year for which such governments make a return, but not later than January 31 of the year following the year of the return. (Current law requires such statements to be furnished in January of the year following the year of the return.) Eliminates the requirement to furnish such statements with respect to any refunds, credits, or offsets made before January 1, 1983.
United States · United States Congress · 6 January 1983
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee. Makes such amendment inapplicable to laws permitting medical procedures required to prevent the death of the mother.
United States · United States Congress · 3 January 1983
Postal Service Employees' Political Activities Act of 1983 - Declares it to be the policy of Congress to encourage employees of the United States Postal Service to exercise their rights to participate or refrain from participating in political processes. Prohibits such employees from: (1) using their official authority to influence the result of any election or the political action of any person; (2) using any information obtained through employment and not publicly available for any political purposes; (3) giving or offering to give a political contribution to any individual either to vote or refrain from voting; (4) soliciting or receiving a political contribution to vote or refrain from voting; (5) knowingly giving a political contribution to a superior; (6) knowingly soliciting or receiving a political contribution from another subordinate employee; or (7) knowingly soliciting or receiving a political contribution in specified facilities or from any person who has or is seeking business relations with the employee's agency. Directs the Postal Service and the Postal Rate Commission to prescribe certain exemptions to such prohibitions. Prohibits employees from engaging in political activities while on duty, while wearing a uniform or official insignia identifying their position, or in designated areas. Requires a postal employee to notify his or her agency (U.S. Postal Service or the Postal Rate Commission, as applicable) upon becoming a candidate for elective office. Permits such employee to take annual leave or leave without pay to engage in activities related to his or her candidacy. Sets forth the penalties to be imposed against any employee who is found by the Merit Systems Protection Board to have violated this Act. Requires the Postal Service to study and report to Congress on the effects of this Act on the political activities of employees, the merit system, and matters generally contributing to the improper use of official authorities or information by employees.
United States · United States Congress · 3 January 1983
Federal Employees' Political Activities Act of 1983 - Revises provisions which prohibit Federal and District of Columbia employees from engaging in political activities. Continues proscriptions against employees using their official authority or influence to interfere with the result of any election or to coerce the political action of any person. Prohibits employees from using any information obtained through their employment and not publicly available for any political purpose. Modifies provisions relating to the solicitation and offering of political contributions by Federal employees. Prohibits employees from: (1) giving or offering to give a political contribution to any individual either to vote or refrain from voting; (2) soliciting or receiving a contribution to vote or refrain from voting; (3) giving a contribution to a superior; (4) soliciting or receiving a contribution from a subordinate employee; (5) soliciting or receiving a contribution in specified facilities; or (6) soliciting or receiving a contribution from or giving a political contribution to an employee, Member of Congress, officer of a uniformed service, or agent of such individual, or any person who has or is seeking business interests affected by such employee's agency. Directs the Office of Personnel Management (OPM) to prescribe certain exemptions to such prohibitions. Prohibits employees, with specified exceptions, from engaging in political activities while on duty, while wearing a uniform or official insignia identifying their position, or in designated areas. Allows employees holding certain restricted positions to take part in political management or a political campaign only under specified conditions. Requires an employee to notify his or her agency upon becoming a candidate for political office. Permits an employee to take annual leave or leave without pay to engage in activities related to such candidacy. Sets forth the penalties to be imposed against any employee who is found by the Merit Systems Protection Board (MSPB) to have violated provisions of this Act. Permits State and local employees to run for political office if they are in federally funded positions. Directs the OPM to report to Congress on the effect of the provisions of this Act on political participation by Federal employees, the merit system, and the improper use of official influence or information.
United States · United States Congress · 3 January 1983
Authorizes the Administrator of Veterans Affairs to provide scholarships of up to $6,000 per school year to medical students who agree to practice for a specified length of time at a Veterans Administration (VA) facility upon completion of their professional training. Provides the United States with a right to recover expenses against an individual who fails to meet such VA service condition. Provides that certain qualified veterans and dependents of veterans shall have priority with regard to such scholarships. Authorizes appropriations.
United States · United States Congress · 3 January 1983
Title I: National Development Investment - National Development Investment Act - Amends the Public Works and Economic Development Act of 1965 to cite such Act as the National Development Investment Act and to revise the emphasis of such Act from primary Federal initiative to coordination of investments between the public and the private sectors. Sets forth the findings of Congress. Authorizes the Secretary of Commerce, upon the application of an eligible State, economic development district, distressed unit of local government (with a population under 50,000 and located outside an economic development district), Indian tribe, or nonprofit economic development organization, to make a grant for a portion of the cost of projects submitted in a development investment strategy. Sets forth eligible activities for such development investment assistance, including repairs, rehabilitation, and small business establishment. Sets forth specific eligibility criteria for applicants for such assistance. Requires an application for a grant under this Act to include: (1) a certification that the area concerned meets certain distress requirements; (2) a certification of any responsibilities which the Secretary has agreed to perform; and (3) a development investment strategy prepared in accordance with this Act. Requires the Secretary to consider specified purposes of this Act in approving applications. Lists as criteria any one of which an area must meet in order to be eligible for a grant under this Act: (1) a per capita income of 80 percent or less of the national average; (2) an unemployment rate above the national average for the most recent 24 month period; and (3) a sudden economic dislocation resulting in job loss. Sets forth the information to be contained in a grant applicant's development investment strategy. Authorizes the Secretary to make grants to establish a revolving loan fund for making or guaranteeing loans to small businesses for initial or working capital, or the purchase of facilities or equipment. Limits to $1,000,000 the amount of any such grant. Limits the amount of any grant under this Act to a maximum 50 percent of the cost of completing the project as determined at the time of the grant application. Permits the Secretary to reduce or waive the non-Federal share of a project in the case of an Indian tribe. Limits expenditures in any one State to a maximum 15 percent of the appropriations made pursuant to this Act, except for expenditures to Indian tribes. Requires the Secretary, each fiscal year, to obligate minimum amounts of funds for such grants. Authorizes appropriations for FY 1984 through FY 1986. Authorizes the Secretary to make economic development planning grants to States, economic development districts, Indian tribes, distressed counties, and distressed units of local government with population of over 50,000 if located outside an economic development district. Earmarks such grants for coordination of investment for community facilities, economic development, manpower training, and transportation services. Authorizes the Secretary to evaluate Federal, State, and local development investment efforts. Authorizes the Secretary to conduct any demonstration program to test the feasibility of new ways to increase productivity, foster innovative technology, match labor force with labor markets, or encourage economic diversity and regional balance. Limits the amount of any such grant to not more than 75 percent of the cost of economic development planning or of investment strategy preparation. Requires the Secretary, each fiscal year, to obligate minimum amounts of funds for such grants. Authorizes appropriations for FY 1984 through FY 1986. Declares that the Secretary of Commerce shall administer this Act with the assistance of a specified Assistant Secretary of Commerce. Authorizes the Secretary to consult with other persons and agencies. Prohibits the approval of any grant unless the Secretary is satisfied that the project concerned will be properly and efficiently administered, operated, and maintained. Sets forth the powers of the Secretary under this Act. Permits the Secretary to discharge any of his responsibilities relative to a project by accepting a certification of the grant applicant's performance of such responsibilities. Requires the Secretary to make comprehensive annual reports to Congress detailing operations under this Act. Requires all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act to be paid the prevailing rate of wage in the locality. Requires the Secretary to maintain a permanent record of all applications approved for financial assistance. Requires each recipient of assistance to keep records, to review the efficiency, economy, and effectiveness of the project, and to file an annual audit and biannual reports. Grants the Secretary and the Comptroller General access to any books, documents, papers, and records of any recipient, subrecipient, contractor, or subcontractor that are pertinent to assistance received under this Act. Authorizes appropriations through FY 1986. Declares that any contract entered into pursuant to this Act shall be effective only to such extent and in such amounts as may be provided in advance in an appropriation Act. Title II: Appalachian Regional Development - Appalachian Regional Development Act Amendments of 1983 - Amends the Appalachian Regional Development Act of 1965 to declare that investments under such Act shall also be made in severely distressed and underdeveloped counties lacking resources for basic services. Authorizes appropriations through FY 1988 for the administrative expenses of the Appalachian Regional Commission. Authorizes the Commission to lease office space through FY 1988. Authorizes appropriations through FY 1991 for the Appalachian development highway system. Increases from 70 to 80 percent the subsequent Federal share of an Appalachian development highway segment when a participating State proceeds to construct a segment of such a highway without the aid of Federal funds. Applies such increase to projects approved after March 31, 1979. Authorizes the Commission to make grants to States and public and nonprofit entities for projects which will: (1) assist in the creation or retention of permanent private sector jobs, the upgrading of the region's manpower, or the attraction of private investment; (2) provide special assistance to severely distressed and underdeveloped counties which lack financial resources for improving basic services; (3) assist in achieving the goal of making primary health care accessible in the region; or (4) otherwise serve the purposes of this Act. Prohibits the authorization of any financial assistance to enable plant subcontractors to undertake work previously performed in another area by other subcontractors or contractors. Prohibits grants with funds authorized after October 1, 1983, from exceeding 50 percent of the costs of any approved project. Permits such grants to increase the Federal contribution to any project to such percentage as the Commission determines within specified limitations. Authorizes appropriations through FY 1988. Extends the termination date of such Act from 1982 to October 1, 1988.
United States · United States Congress · 3 January 1983
Amends the Civilian Health and Medical Program of the Uniformed Services to include chiropractic care among the services offered members, former members, and dependents of the uniformed services. Authorizes the appointment of chiropractors as commissioned officers in the Medical Services Corps of the Army, the Navy, and the Air Force. Entitles such officers to the same pay as dental officers.
United States · United States Congress · 3 January 1983
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 3 January 1983
States that the Strategic Arms Reduction Talks (START) between the United States and the Soviet Union should: (1) pursue a complete halt to the nuclear arms race; (2) decide when and how to achieve a mutual verifiable freeze on the testing, production, and further deployment of nuclear warheads, missiles, and other delivery systems; (3) give special attention to destabilizing weapons; (4) pursue reductions through numerical ceilings and other means; (5) preserve present limitations on nuclear weapons; and (6) incorporate ongoing negotiations in Geneva on land-based intermediate-range nuclear missiles into the START negotiations. Requires that every effort be made to reach common positions with the NATO allies.
United States · United States Congress · 3 January 1983
States that the United States and the Soviet Union should: (1) pursue a complete halt to the nuclear arms race; (2) decide when and how to achieve a mutual and verifiable freeze on the testing, production, and further deployment of nuclear warheads, missiles, and other delivery systems; (3) give special attention to destabilizing weapons; and (4) proceeding from this freeze, pursue major, mutual, and verifiable reductions in nuclear warheads, missiles, and other delivery systems.
United States · United States Congress · 3 January 1983
Establishes in the House of Representatives the Select Committee on Hunger to conduct a continuing comprehensive study of the problems of hunger and malnutrition.
United States · United States Congress · 20 December 1982
Expresses the sense of the House of Representatives that funds which have been collected for violations of the regulations under the Emergency Petroleum Allocation Act of 1973 and which cannot be refunded because the injured parties cannot be readily identified should be distributed to the States to be used by the States for energy related programs.
United States · United States Congress · 1 October 1982
Toxic Victim Compensation Act - Title I: Establishment of New Cause of Action for Victims of Hazardous Substances - Makes the following persons liable for damages for specified injuries, illnesses, deaths, or losses caused by a release of a hazardous substance: (1) the owner and operator of a vessel or facility from which a hazardous substance is released; (2) a person who owned or operated a facility at which a hazardous substance was disposed and from which a hazardous substance is released when such person no longer owns or operates such facility; (3) any person who arranges for disposal or treatment, or transportation for disposal or treatment, of any hazardous substance at a facility owned by another person from which such a release occurs; and (4) any person who accepts a hazardous substance for transport to a site, selected by such person, from which such a release occurs. Includes as compensable damages: (1) the loss of use of real or personal property or natural resources without regard to ownership; and (2) any direct or indirect loss of revenue by the Federal Government or any State or local government. Exempts a defendant from such liability if he or she can establish by a preponderance of the evidence that: (1) the release of the hazardous substance was caused by an act of God, an act of War, or an act or omission of a third party who is not an agent, employee, or contractor of the defendant; (2) the defendant exercised due care with respect to the hazardous substance; or (3) the defendant took reasonable precautions against foreseeable acts of any third party and foreseeable consequences of such acts. Declares that no persons shall become exempt from liability by transferring such liability to any other person. Allows a trier of fact, in any action for damages under this Act, to find the defendant liable for punitive damages in addition to any compensatory damages, if such trier finds the conduct of the defendant demonstrated a gross and wanton disregard for public safety. Declares that this Act shall apply to any Federal agency to the same extent as it applies to any person. Provides that the plaintiff will have established a presumption that the defendant caused or significantly contributed to the injury, illness, or damage suffered by the plaintiff upon showing sufficient evidence that: (1) the plaintiff was exposed to a hazardous substance found in a discharge, release, or disposal caused or contributed to by the defendant; (2) the plaintiff's exposure to such substance would likely to cause or significantly contribute to the injury, illness, or damage. Makes it the burden of the defendant to establish by a preponderance of the evidence that he or she did not cause or significantly contribute to the plaintiff's injury or illness. Specifies the kinds of evidence which shall be considered relevant to the issue of causation of injury, illness, or damage. Designates as questions for the trier of fact the degree of culpability of, and the recovery amount due from, each defendant shown to be liable. Prohibits the commencement of any action for damages under this Act after the end of a three-year period beginning on the date the injury, illness, or damage was first known, or should reasonably have been known, to exist. Grants jurisdiction for such an action to any State court of competent jurisdiction or any Federal district court for the district in which either the plaintiff or the defendant resides, regardless of the amount in controversy. Requires an action brought against a Federal agency to be brought in a Federal district court. Prohibits any person from being denied benefits under a State's workers compensation plan for illness or injury due to a release of a hazardous substance because the person filed a claim in an untimely manner if the person filed within the period provided for filing an action for damages under this Act, regardless of whether the person's employer was responsible for such injury or illness. Declares that the presumption of cause, provided for actions for damages under this Act, shall constitute State law in any administrative or judicial proceeding under a State's workers compensation law. Title II: The Environmental Protection Agency - Directs the Administrator of the Environmental Protection Agency: (1) to establish procedures under which physicians report all cases of injury, illness, and death which are suspected to have been caused by hazardous substances; and (2) to conduct investigations and studies to determine whether a hazardous substance has been released and the extent of the hazard. Authorizes the Administrator to conduct public proceedings as part of such an investigation. Directs the Administrator to: (1) publish in the Federal Register any tentative finding that the release of a hazardous substance has created the potential for injury, illness, or property damage; (2) invite and evaluate public comments concerning such finding; and (3) conduct further studies or investigations; or (4) publish his or her final determination of the risk of injury, illness, or damage created by the release. Permits a person adversely affected by the Administrator's final determination, to file a petition for judicial review of such determination within 60 days after it is issued. Provides that such a determination shall be conclusive in any legal or administrative proceeding if no petition is filed within such period. Title III: Toxic Victims Compensation Board - Establishes a Toxic Victims Compensation Board, which shall: (1) accept applications from persons claiming to be victims of illness, injury, or property damage caused by a release of a hazardous substance; (2) certify claimants as victims upon determining that such a release caused such injury, illness, or property damage; and (3) award specified benefits to such victims for their losses. Disqualifies from entitlement to such benefits any person who intentionally causes injury or illness to himself, herself, or another person. Specifies time limits for filing application with the Board. Sets forth the procedure for certification of a victim by the Board. Grants the Board subpeona powers. Requires any person filing for certification as a victim to also file a claim for benefits, simultaneously. Permits a victim to file a supplemental claim for benefits for losses suffered after the application date. Provides for the payment of a benefit award to a person other than the victim if necessary: (1) to secure payment for alimony, maintenance, or child support; or (2) to satisfy a claim for medical benefits or reasonable attorney's fees as verified by the Board. Subrogates the Board to the rights of any victim for the full amount of such benefit payments. Grants the Board a lien in such amount upon any amount recovered by such victim in a civil action for damages under title I of this Act. Allows the Board to exercise the right of such victim to commence such an action if such victim declines to do so. Provides for the judicial review of a determination by the Board. Requires the Board to submit to the President and Congress an annual report, analyzing: (1) the operation of its duties; (2) the regulations it issued; and (3) the victims certified and benefits awarded. Title IV: Fund for Compensation of Victims of Toxic Exposure - Establishes in the Treasury a trust fund to be known as the Toxic Victims Trust Fund (TVC Fund). Requires any amounts obtained by the Toxic Victims Compensation Board as a reimbursement for benefits paid to be deposited into such Fund. Requires the transfer of moneys from the Hazardous Response Trust Fund to cover any victim benefit payment for which there are insufficient moneys in the TCV Fund. Authorizes the appropriation to the Secretary of the Treasury of such amounts as may be necessary for loans to the TCV Fund to pay benefits exceeding amounts available in the TCV Fund and in the Hazardous Substance Response Trust Fund.
United States · United States Congress · 22 September 1982
Directs the Secretary of Defense to report to Congress within six months concerning the current and possible future uses of U.S. agricultural products at U.S. military installations overseas.
United States · United States Congress · 22 September 1982
Directs the Secretary of Defense to: (1) provide for the maximum feasible use of U.S. agricultural products at military installations overseas; and (2) devise new ways to use surplus agricultural commodities now in the reserves of the Commodity Credit Corporation.
![Official portrait of Rep. Albosta, Donald J. [D-MI-10]](https://www.congress.gov/img/member/a000076_200.jpg)