United States · United States Congress · 25 July 1984
Amends the Internal Revenue Code to repeal rules relating to the determination of the issue price of certain debt instruments issued for property. Amends the Tax Reform Act of 1984 to repeal the revisions made to rules for the imputation of interest on certain deferred payments. Provides that the Internal Revenue Code shall be applied and administered as if such revisions had not been enacted.
United States · United States Congress · 25 July 1984
States that the House of Representatives disapproves the appointment of Anne M. Burford as Chairperson of the National Advisory Committee on Oceans and Atmosphere, and urges the President to withdraw her appointment.
United States · United States Congress · 24 July 1984
Handicapped Children's Protection Act of 1984 - Amends the Education of the Handicapped Act to authorize the award of a reasonable attorney's fee as part of the costs to a parent or legal representative of a handicapped child or youth who is the prevailing party in a civil suit under such Act to protect the child's right to a free appropriate public education. Provides that such amendment shall apply to actions and proceedings brought on or after July 4, 1984, and actions and proceedings brought prior to such date which were pending on such date. Provides that nothing in the Education of the Handicapped Act shall be construed to restrict or limit the rights procedures and remedies under the Constitution, title V of the Rehabilitation Act of 1973, or other Federal statutes prohibiting discrimination.
United States · United States Congress · 29 June 1984
Pharmaceutical Assistance to the Aged Act - Amends title XIX (Medicaid) of the Social Security Act to permit a State plan for medical assistance to provide assistance for outpatient prescribed drugs and other items for individuals who are 65 or older and who are U.S. citizens in the United States or resident aliens and who have incomes below a certain level and are not otherwise eligible for medical assistance under the State medical plan if: (1) the State has in effect a law permitting a licensed pharmacist to substitute a less expensive interchangeable drug for another drug unless a licensed physician provides that a substitution is medically inappropriate; and (2) the State plan provides that the amount of payment will not exceed the cost of the least expensive interchangeable drug. Sets forth requirements governing amounts of payments. Directs the Secretary of Health and Human Services to provide for informing individuals who are 65 or older and who are entitled to Medicare benefits of the benefits available under this Act in States which have elected to have a program of pharmaceutical assistance for the aged pursuant to this Act. Requires the Secretary to promulgate final regulations by September 1, 1985, to provide for State implementation of this Act. Provides that this Act shall apply to medical assistance furnished with respect to outpatient prescribed drugs furnished on or after October 1, 1985. Directs the Secretary to maintain statistical records on State programs of pharmaceutical assistance to the aged to determine the effectiveness and impact of such programs. Directs the Secretary to report to Congress on the programs when the FY 1987 budget for the Department of Health and Human Services is transmitted to Congress.
United States · United States Congress · 29 June 1984
Expresses the sense of the Congress that American artists and athletes who decline to participate in cultural and sports activities in South Africa because of that country's apartheid system are to be commended. Expresses the sense of the Congress that the Department of State should: (1) inform U.S. artists and athletes who request information on travel to South Africa for such activities that the U.S. Government discourages such travel; (2) confirm U.S. opposition toward recognition of the so-called independent homelands; and (3) express its sympathy with the victims of apartheid by voting in favor of U.N. resolutions that seek to mobilize activities by cultural and sports personalities against apartheid.
United States · United States Congress · 28 June 1984
Title I: Supplemental Benefits - Establishes a Federal supplemental benefit program for death or disability caused by occupational exposure to asbestos. Provides guidelines for: (1) the calculation of benefits in proportion to disability; (2) payment methods; and (3) payment priorities. Exempts such supplemental benefits from: (1) any tax or legal process; and (2) any offset for administrative benefits under State or Federal law. Sets guidelines for the offset of supplemental benefits where reorganization or liquidation proceedings occur under Federal bankruptcy laws. Makes supplemental benefits payable only out of the Asbestos-Related Disease Trust Fund established by this Act. Conditions eligibility for supplemental benefits upon such benefits' being the exclusive remedy of an individual for occupational exposure to asbestos. Prescribes guidelines for the filing and payment of asbestos-related disease claims. Directs the Secretary of Health and Human Services (the Secretary) to apply by analogy specified portions of the Social Security Act when making determinations of: (1) entitlement to benefits; (2) review of claims; and (3) delegations of authority to State agencies. Directs the Secretary of Labor, in consultation with the Secretary of Health and Human Services, to determine annually the average weekly wage for manufacturing workers in each State. Requires such determinations to govern decisions regarding all claims filed in the following calendar year. Requires the Secretary to rely upon: (1) prior court decisions regarding a claimant; (2) prior determinations by the appropriate workers' compensation program regarding specified eligibility criteria. Specifies exceptions. Requires the Secretary to apply the appropriate workers' compensation law when reviewing supplemental benefit claims. Creates within the Department of Health and Human Services the National Medical Panel on Asbestos-Related Diseases to: (1) decide which diseases belong to the list of asbestos-related diseases; (2) review claims to determine whether a person's disease was caused by asbestos exposure; and (3) publish certain Medical Assessment Guidance Documents. Provides guidelines for the appointment of medical scientists to the Panel from certain organizations. Directs the Panel to promulgate a list of asbestos-related diseases and to provide explanations of any decisions to include or omit a disease from such list. Outlines conditions under which the Panel shall review claims for asbestos-related diseases which do not appear on the panel's list of diseases. Requires the Panel to determine within a specified time whether the disease in the referred claim should be included on such list. Requires the Panel to publish Medical Assessment Guidance Documents including specific medical diagnostic criteria to aid parties and decisionmakers determine whether a death or disability was caused by occupational exposure to asbestos. Title II: Finance - Prescribes guidelines under which: (1) assessments are imposed against each asbestos defendant; (2) assessment allocation factors are assigned to asbestos defendants; (3) assessments are imposed against asbestos insurance policies; and (4) assessments are imposed against companies undergoing Federal bankruptcy proceedings. Sets the aggregate semiannual assessment on defendants in 1985 and 1986 at $150,000,000. Imposes interest upon assessments not paid by the due date. Requires the Secretary of the Treasury to: (1) conduct studies determining assessment allocation factor amounts and assessment apportionment ratios; and (2) promulgate compliance regulations. States that assessment payments do not prejudice the right to recover or challenge such payments. Treats asbestos-related disease assessments imposed upon either an asbestos defendant or an asbestos insurance policy, for Federal income tax purposes, as ordinary and necessary expenses incurred in carrying on the trade or business, on the one hand, and insurance contract losses, on the other. Treats asbestos-related disease assessments as miscellaneous excise taxes. Establishes in the Treasury the Asbestos-Related Disease Trust Fund (the Trust Fund). Details the manner in which such Trust Fund shall be funded and administered. Makes the Secretary of the Treasury the Managing Trustee, and delineates trustee functions. Authorizes appropriations for FY 1985 and subsequent years. Establishes within the Department of the Treasury the Asbestos-Related Disease Trust Fund Conservation Committee (the Committee) comprised of the Managing Trustee and five public members appointed by the President. Includes among the consultation and review functions of such Committee: (1) claim disposition; (2) grant and contract awards; and (3) claims and assessments analysis. Directs the Committee to submit an annual report to the Congress regarding the performance of its responsibilities. Authorizes the Committee, with the advice and assistance of the Secretary of Labor, to instruct the Managing Trustee to award grants and contracts to specified organizations for the purpose of: (1) improving State workers' compensation programs; (2) assuring the availability of medical specialists to assist government agencies; (3) establishing medical evaluation units to determine occupational sources of asbestos-related diseases; and (4) medical treatment research. Title III: Miscellaneous - Makes the supplemental benefits under this Act and the applicable workers' compensation programs the exclusive remedy for occupational exposure to asbestos. Exempts certain persons from liability for occupational exposure to asbestos. Removes jurisdiction from State or Federal tribunals to adjudicate any claim of liability for occupational exposure to asbestos after enactment of this Act. Confers jurisdiction for judicial review of administrative acts under this Act only upon the United States Court of Appeals for the District of Columbia Circuit. Confers jurisdiction for questions of assessments and constitutionality under this Act only upon a special three-judge district court established in the District Court for the District of Columbia. Requires all administrative costs and expenses of this Act to be paid out of the Trust Fund. Directs the Secretaries of Health and Human Services, of Labor, of the Treasury, and the Attorney General to submit an analysis and certification of their respective costs under this Act to the Managing Trustee for reimbursement.
United States · United States Congress · 28 June 1984
Establishes the National Commission on Federal Budget Deficit Reductions to review all relevant elements of fiscal and monetary policy. Requires particular emphasis to be given to the causes of cyclical and structural Federal budget deficits and the impact which growing structural Federal deficits have on employment, capital formation, and the vigor and viability of economic growth in the United States. Requires the Commission to: (1) identify problems which may hinder the control and reduction of Federal budget deficits; and (2) analyze all potential options which would result in deficit reductions and place the Government on a sound financial basis. Requires the Commission to report to the President and Congress by January 15, 1985, detailed findings, conclusions, and recommendations for such legislation and administrative actions as it considers appropriate. Terminates the Commission 30 days after submission of such report.
United States · United States Congress · 28 June 1984
Commends the heroism of the Afghan resistance in its fight to keep Afghanistan free and independent. Condemns the massive Soviet bombing of Afghanistan.
United States · United States Congress · 28 June 1984
Expresses the sense of the Congress that in light of the Helsinki Final Act of the Conference on Security and Cooperation in Europe and other specified human rights agreements, the Soviet Union should: (1) provide the signatories of the Helsinki Final Act with information on the whereabouts, health, and legal status of Andrei Sakharov and Yelena Bonner; (2) void all charges against Yelena Bonner and issue her an exit visa in order to obtain medical care outside of the Soviet Union; and (3) allow them to live in the country of their choice. Urges the President to: (1) protest the Soviet Government's continued refusal to provide such information and to issue Yelena Bonner an exits visa; and (2) call upon all other signatory nations of the Helsinki Final Act to join in such protests.
United States · United States Congress · 27 June 1984
Authorizes the President, on behalf of the Congress, to present a gold medal to the family of Harry Chapin in recognition of Harry Chapin's efforts to address issues of world hunger. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 27 June 1984
Authorizes election agencies to mail voter registration forms, absentee ballots, and certain related materials free of postage. Declares that this Act does not apply to mail matter transmitted under the Federal Voting Assistance Act of 1955 or the Overseas Citizens Voting Rights Act of 1975.
United States · United States Congress · 27 June 1984
Establishes a pilot program for fellowships under the House of Representatives for persons who are blind or deaf. Requires the Committee on House Administration to report to the House on the effectiveness of, and the desirability of, continuing such program.
United States · United States Congress · 27 June 1984
States that the Congress condemns the closing of ABC Color (a newspaper in Paraguay) and urges Paraguay to reopen such newspaper and to guarantee freedom of the press.
United States · United States Congress · 26 June 1984
Reaffirms that it is U.S. policy to oppose the practice of torture by foreign governments through the implementation of laws and through public and private diplomacy. Requests the President to: (1) instruct the U.S. representative to the United Nations to continue to raise the issue of torture by such governments; and (2) continue to involve the U.S. Government in the formulation of international standards, particularly the draft Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Requests the Secretary of State to issue specified formal instructions to each U.S. mission chief regarding U.S. policy with respect to such torture. States that the Secretary of Commerce should continue to enforce the current restrictions on the export of crime control equipment pursuant to the Export Administration Act of 1979. Directs the heads of U.S. departments that furnish military and law enforcement training to foreign personnel to include in such training instruction regarding international human rights standards with respect to torture.
United States · United States Congress · 26 June 1984
Expresses the sense of the Congress that the Assembly of El Salvador should extend the deadline for new applications under phase III of the land reform program.
United States · United States Congress · 22 June 1984
Directs the Administrator of Veterans Affairs to set aside ten percent of Veterans Administration controlled intermediate-care hospital beds for veterans suffering from Alzheimer's disease and related disorders.
United States · United States Congress · 21 June 1984
Designates the Maryland Institute for Emergency Medical Services Systems at the University of Maryland Hospital in Baltimore, Maryland, as the National Study Center for Trauma and Emergency Medicine.
United States · United States Congress · 20 June 1984
Water Quality Renewal Act of 1984 - Amends the Federal Water Pollution Control Act (the Act) (also known as the Clean Water Act) to authorize appropriations for FY 1983 through 1988 for: (1) specified research, investigation, and training programs in water pollution control; (2) State and interstate pollution control programs; (3) undergraduate programs in water quality control; (4) grants for developing waste treatment management plans for areas with substantial water quality control problems; (5) water pollution control programs in agricultural areas; (6) agreements among Government agencies providing for maximum use of existing programs for water quality control; (7) grants to States for lake pollution control; and (8) carrying out the Act generally. Increases the authorization for grants for construction of waste treatment works for FY 1984 and 1985. Authorizes appropriations for such grants for FY 1986 through 1988. Revises the timetable for compliance of all pollutants with effluent limitations. Extends the compliance date for all toxic pollutants referred to in a specified table of a congressional committee print (the priority toxic pollutants). Requires such compliance as expeditiously as possible, but in no case later than three years and six months after the date effluent limitations are established. Extends the compliance date for all other toxic pollutants which may be listed under specified provisions of the Act. Requires such compliance as expeditiously as possible, but in no case later than three years and six months after the date effluent limitations are established. Extends the compliance date for application of best conventional technology (for specified conventional pollutants) from July 1, 1984, to July 1, 1987. Extends the compliance date for application of best available technology for all other pollutants. Requires such compliance as expeditiously as possible, but no later than three years and six months after effluent limitations are established. Directs the Administrator of the Environmental Protection Agency to promulgate final regulations establishing effluent limitations for direct dischargers and limitations requiring pretreatment for all the priority toxic pollutants which are discharged from certain categories of point sources in accordance with a specified schedule. Requires the Administrator to publish in the Federal Register a list of all navigable waters in each State the water quality of which is being impaired by the discharge from specific sources of toxic pollutants. Directs the Administrator to establish an individual control strategy for each listed segment of navigable waters which shall reduce the discharge of toxic pollutants from such sources so as to allow the achievement of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water. Increases the civil penalties for violations of requirements with respect to water quality standards under the Act, but provides that States are not required by the Act to have civil penalties in the same monetary amount for such violations. Requires the Administrator to monitor, study, and report to Congress on the effects of the impoundment and discharge of waters by dams upon the quality of navigable waters. Sets forth provisions for nonpoint source control implementation programs. Provides for State nonpoint source control reports and plans and grants to States for implementation of such plans. Directs the Governor of each State to prepare and submit for the approval of the Administrator a report on: (1) those portions of the navigable waters within a State that, as a result of pollution from nonpoint sources in whole or in part, are not meeting applicable water quality standards or the goals and requirements of the Act; (2) those categories and subcategories of nonpoint sources which add significant pollutant loadings to each portion of such waters in amounts which contribute to nonattainment of such water quality standards for such goals and requirements; (3) State and local programs for controlling pollutant loadings added from nonpoint sources to such waters, including but not limited to programs receiving Federal assistance under this Act; and (4) the process, including intergovernmental coordination and public participation for identifying best management practices and measures to control such categories and subcategories of nonpoint sources and to reduce, to the maximum extent practicable, the level of pollution resulting from such categories and subcategories. Requires that such reports and updates be based on available information. Permits such reports or updates to include all or part of an approved existing water quality management program. Directs the Governor of each State to prepare and submit for the approval of the Administrator: (1) a plan which the State proposes to implement in the four-fiscal-year period beginning after the date of submission of the report for controlling pollution added from nonpoint sources to navigable waters within the State and for improving the quality of such waters; and (2) a report identifying each Federal department, agency, or instrumentality which is likely to be engaging in, supporting, or providing financial assistance for any activity or program within the State during such four-fiscal-year period and which would be inconsistent with plan implementation, and recommending appropriate administrative modification of such program or activity. Requires that such plans specify the following State practices and measures during the four-fiscal-year period: (1) each portion of navigable waters and land area contributing to nonpoint source pollution which significantly affects portions of such waters; (2) the order of, and schedule for, such implementation; (3) the categories and subcategories of nonpoint sources of pollution; (4) the best management practices and measures; (5) the methods by which the State will encourage, assist, or require such implementation (by category and subcategory of pollution source); and (6) sources of Federal and other assistance other than that provided under this Act which will be available for support of such implementation and the purposes for which such assistance will be used. Requires that such plan be accompanied by a certification by the State attorney general or the head attorney of the State water pollution control agency that State laws provide adequate authority to carry out such programs or a list of any additional authority needed. Requires that such schedule: (1) establish for each category and subcategory of sources an expeditious time period for implementation of best management practices and measures; and (2) indicate estimated dates for such implementation. Requires States to utilize local public and private agencies and organizations with expertise in nonpoint source pollution control, to the maximum extent practicable, in developing and implementing such plan. Requires States, to the maximum extent possible, to develop and implement such plan on a watershed-by-watershed basis. Requires that any State reports or plans required under these nonpoint source control implementation program provisions be submitted to the Administrator within 270 days after enactment of this Act, but provides for a 270-day extension upon request of the Governor. Directs the Administrator to prepare a report which makes specified identifications for a State if the Governor does not submit such report within the required period. Directs the Administrator to consolidate and submit recommendations for modifications of Federal activities and programs submitted by the States to the appropriate Federal departments, agencies, and instrumentalities. Directs such entities to carry out their activities and programs in a manner consistent with the approved State plan and helpful to its implementation. Sets forth procedures and deadlines for approval, disapproval, or revision of reports, plans, and updates. Directs the Administrator to provide technical assistance to local agencies or organizations in developing plans, whenever a State fails to submit or the Administrator does not approve a plan. Makes such local agencies or organizations eligible to receive implementation assistance after development of such plan. Authorizes the Administrator, upon State request, to provide technical assistance to a State in developing a plan. Sets forth requirements for State petitions, interstate management conferences and agreements, and State plans for reduction of interstate water pollution from nonpoint sources. Directs the Administrator, upon State application, to make grants to each State for which a report and a plan is approved. Provides that such grants shall be made to assist States in implementing such plans. Limits the Federal share of the cost of each plan implemented with Federal assistance in any fiscal year to 50 percent of the cost to the State in implementing such plan, but requires that the Federal share be at least 50 percent and not more than 60 percent of those costs of a plan which are attributable to a watershed area with respect to which the Administrator determines that a significant number of non-Federal, non-State interests of such area are willing and able to enter into agreements to participate in such year in nonsource pollution control measures under such plan. Limits administrative costs (except costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects or technology transfer programs) to ten percent of the grant amount. Sets forth maintenance of effort requirements for such grants. Limits to 15 percent of the amount appropriated for such grants the amount which may be used to make grants to any one State, including any grants to any local agency or organization with authority to control pollution from nonpoint sources in any area in such State. Authorizes the Administrator to give priority in making grants for each fiscal year beginning after September 30, 1986, to any State which has included effective regulatory mechanisms in its plan and has implemented such mechanisms in the preceding fiscal year. Directs the Secretary to give consideration to a State's inclusion and implementation of effective regulatory mechanisms in determining the Federal share of any such grant. Authorizes appropriations for such grants for FY 1985 through 1988. Directs the Administrator, upon application of a State with an approved report and plan, to make grants to assist such State in carrying out groundwater water quality protection activities which will advance the State toward implementation of a comprehensive nonpoint source pollution control program. Requires that such activities include research, planning, groundwater assessments, demonstration programs, enforcement, technical assistance, education, and training to protect groundwater quality and prevent groundwater contamination from nonpoint pollution sources. Makes the Federal share of the cost of assisting a State in such groundwater protection activities in any fiscal year 50 percent of the costs incurred by the State in carrying out such activities, but sets a maximum amount for such Federal assistance to a State in any fiscal year. Authorizes appropriations for such grants for FY 1985 through 1988. Directs the Administrator, by January 1, 1985, and each January 1 thereafter, to report to specified congressional committees on the activities carried out under this Act for the preceding fiscal year and the progress made in reducing nonpoint source pollution in the navigable waters. Directs the Administrator, by January 1, 1988, to transmit a final report to Congress on the activities carried out under this Act, with specified analyses and recommendations. Requires that at least five percent of appropriations for such grants in any fiscal year be available to the Administrator to maintain personnel levels at the Environmental Protection Agency which are adequate to carry out this Act. Includes plans approved under this Act under provisions of the Act for agreements with the Secretaries of Agriculture, Army, and the Interior to provide maximum utilization of programs to achieve and maintain water quality. Declares that it is the national policy that plans for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of the Act to be met through the control of both point and nonpoint sources of pollution. Directs the Administrator, within one year after the enactment of this Act, to submit to specified congressional committees a lake restoration guidance manual establishing procedures to guide future State and local efforts to improve water quality in lakes. Adds to the authorized uses of grants for construction of treatment works projects to address water quality problems due to impacts of discharges from combined storm water and sanitary sewer overflows. Increases for FY 1985 and subsequent fiscal years the amount of additional funds which the Administrator shall have available for addressing water quality problems of marine bays and estuaries subject to lower levels of water quality due to the impact of discharges from combined storm water and sanitary sewer overflows. Increases to 65 percent the Federal share of construction costs under the treatment works construction grants program for FY 1985 and subsequent fiscal years. (Current law provides that the 75 percent Federal share shall be decreased to 55 percent for FY 1985 and subsequent fiscal years.) Provides that the activated bio-filter feature of the project for treatment works of the city of Little Falls, Minnesota, shall be deemed to be an innovative wastewater process and technique for purposes of specified provisions of the Act. Provides that the amount of any grant under the Act for such feature shall be 85 percent of the cost thereof. Authorizes the Administrator, in addition to any grant for innovative technology in treatment works, to make a grant to fund all of the costs of the modification or replacement of biodisc equipment (rotating biological contactors) in any publicly owned treatment works if the Administrator finds that such equipment has not met design performance specifications, unless such failure is attributable to negligence on the part of any person, and if such failure has significantly increased capital or operating and maintenance expeditures. Directs the Administrator, before taking final action on plans, specifications, and estimates for treatment works construction, to enter into a written agreement with the grant applicant which establishes and specifies which items of the proposed project are eligible for Federal payment under specified provisions of the Act. Prohibits the Administrator from later modifying such eligibility determinations unless they are found to have been made in violation of applicable Federal statutes and regulations. Provides that such eligibility determinations shall not preclude the Administrator from auditing a project pursuant to specified provisions of the Act, or other authority, or from withholding or recovering Federal funds for costs which are found to be unallowable or which are incurred on a project which fails to meet design specifications or effluent limitations contained in the grant agreement and permit. Provides for grantee certification of the treatment process. Provides that the approval of construction plans by the Administrator shall not include a determination or approval of the treatment work's unit processes, which constitute the treatment technology. Prohibits the Administrator from approving plans, specifications, and estimates for a project unless the applicant certifies that the proposed unit processes and treatment technology are capable of meeting the effluent limitations for which such process and technology are designed. Revises local treatment works grant conditions to require, within two years after enactment of this Act that: (1) any required areawide waste treatment management plan is being implemented or is being developed with reasonable progress toward implementation; (2) the State is implementing or developing any required State plan and is in compliance with water quality reporting requirements. Provides that a system of user charges which imposes a lower charge for low-income residential users (as defined by the Administrator) shall be deemed to be a user charge system meeting specified requirements for treatment works grants if the Administrator determines that such system was adopted after public notice and hearing. Requires that State allotments for the treatment works construction grants programs for FY 1986 through 1988 be allotted, in accordance with a specified table, for each such year by the Administrator not later than the tenth day which begins after the enactment of this Act. Extends through FY 1988 the authorization of appropriations for minimum allotments to States and specified U.S. territories and possessions. Increases, from thirty-three one-hundredths of one percent to two-thirds of one percent, the portion of the total allotment which shall be allotted to specified U.S. territories and possessions. Extends through FY 1988 specified provisions relating to the reservation of certain amounts from State allotments in order to make grants to States for administration of such allotments. Directs the Administrator to reserve specified amounts from the allotments to the States of New York, New Jersey, and Connecticut in order to make grants in FY 1985 and subsequent fiscal years to the Interstate Sanitation Commission established by such States by interstate compact to carry out the functions of such Commission under the Act. Extends through FY 1988 specified provisions relating to minimum expenditures for increasing the Federal share of grants for construction of treatment works utilizing innovative processes and techniques. Requires a State to allocate at least 50 percent of its water quality management planning grant in any fiscal year to regional and interstate public comprehensive organizations in such State, except when the Administrator and the Governor determine that such allocation will not substantially assist in achieving the goals of the Act. Directs the Administrator to reserve one-quarter of one percent of appropriations for the treatment works construction grants program for FY 1985 and subsequent fiscal years for carrying out investigations and audits of such construction projects. Provides that such sums shall be in addition to any sums otherwise appropriated for or allocated to the Office of the Inspector General. Directs the Administrator to make grants for specified purposes from the appropriate State allotments for treatment works construction to: (1) the city of Avalon, California; (2) the owners of the Rocky River Wastewater Treatment Plant in Rocky River, Ohio; (3) Walker and Smithfield Townships, Pennsylvania; (4) the Elk Pinch Public Service District, Kanawha County, West Virginia; (5) the city of Taylor Mill, Kentucky; and (6) the city of Watsonville, California. Establishes a program of grants to States for establishment of State water pollution control revolving funds for providing assistance to municipalities and intermunicipal and interstate agencies for construction of publicly owned treatment works. Requires a State to first deposit an amount equal to 20 percent of such grant allotted to the State for a fiscal year before such grant can be made. Sets forth certification, reporting, and other requirements relating to such grants and the types of assistance which such revolving funds may offer. Authorizes appropriations for such grants for FY 1985 through 1988. Revises innovative technology compliance deadlines for direct dischargers. Requires such compliance within two years after the date for compliance with an effluent limitation which is otherwise applicable. Directs the Administrator, in carrying out specified provisions of the Act, to conduct research, in conjunction with other Federal, State, and interstate agencies, on the harmful effects on the health and welfare of persons caused by pollutants in water. Requires that such research: (1) place special emphasis on the effect that bioaccumulation of pollutants in aquatic species has in reducing the value of aquatic commercial and sport industries; and (2) study methods to reduce and remove pollutants from aquatic species so as to restore and enhance these resources. Authorizes appropriations for FY 1985 through 1988 for such research. Directs the Administrator, in developing, publishing, and revising water quality criteria, to consider the effects of specified factors on the ecosystem. Requires that new or revised water quality criteria should be established so as to provide an ample margin of safety to protect human health and fish and wildlife resources, and, if there is a well-founded and significant difference of opinion as to the latest scientific and research knowledge in such matters with respect to a pollutant, directs the Administrator to publish a description of such difference of opinion along with the publication of such criteria. Directs the Administrator to promulgate guidelines establishing test procedures for the analysis of pollutants within 90 days from the date of enactment of this Act. Authorizes the Administrator to establish a single compliance date for pretreatment standards, upon the request of any source (indirect discharger) subject to two or more pretreatment standards which are promulgated before the enactment of this Act and for which more than one compliance date is prescribed. Requires that such single compliance date not be later than one year after the first of such compliance dates or not later than the last of such compliance dates, whichever occurs first. Requires that the applicant demonstrate that: (1) establishment of a single compliance date will result in earlier compliance by the applicant with all such standards; and (2) the technology which is the basis for one of the applicable pretreatment standards is inconsistent with the technology which is the basis for another of the applicable pretreatment standards, or the pretreatment standard with the later compliance date requires sufficient additional technology to justify such single compliance date. Requires that any such application by a source for a single compliance date be made within 30 days after the date of enactment of this Act. Directs the Administrator to: (1) provide public notice of such application within two weeks after its receipt; and (2) approve or deny such application within 60 days after the last day of such two-week period. Extends the deadline for compliance with electroplating pretreatment standards to December 31, 1984. Directs the Administrator to increase the number of employees of the Environmental Protection Agency if necessary to effectively implement pretreatment requirements under specified provisions of the Act. Authorizes the owner or operator of a publicly owned treatment works which receives the treated effluent to grant up to a two-year extension for compliance with a categorical pretreatment standard to any new or existing facility (indirect discharger) which proposes to comply with such standard by using an innovative treatment system meeting specified standards, if: (1) the Administrator determines that the innovative system has the potential for industry-wide application and the action will not cause the publicly owned treatment works to be in violation of its permit; and (2) the Administrator (or a State with an approved pretreatment program) concurs with the proposed action of the owner or operator of such treatment works. Revises provisions for criminal penalties for specified violations under the Act. Adds provisions for civil penalties to be assessed by the Administrator or the Secretary of the Army for specified violations under the Act. Revises provisions for the Clean Lakes Program (a grant assistance program to improve the water quality of lakes). Makes such program applicable to saline, as well as fresh water, lakes. Adds provisions for grants to States for priority projects for control of nonpoint sources of pollution which are contributing to the degradation of water quality in lakes. Directs the Administrator to distribute such grants equitably among the States. Limits the amount of such a grant to not more than 70 percent of the project cost. Authorizes appropriations for FY 1985 through 1989 for such grants. Adds provisions for grants to States to carry out approved methods and procedures which may be applied to lakes and other waters to restore water quality, insofar as such quality has deteriorated as a result of high acidity which may be due to acid deposition. Allows any State to submit for approval to the Administrator: (1) a survey of such water quality deterioration; and (2) methods and procedures which may be applied. Specifies some of the methods which may be approved for such purpose. Limits the amount so granted to any State in any fiscal year to more than 80 percent of the funds expended by such State in such year for carrying out such approved methods and procedures. Directs the Administrator to the distribute such grant funds equitably on the basis of the relative need of each applicant State for the restoration of water quality as a result of such deterioration. Provides that such assistance shall be in addition to any other Federal financial assistance. Authorizes appropriations for such grants for FY 1985 through 1989. Directs the Administrator to report annually to specified congressional committees on the status and trend of water quality in lakes in the United States, including the nature and extent of pollution loading from point and nonpoint sources and the extent to which the use of lakes is impaired as a result of pollution, particularly with respect to toxic pollution. Directs the Administrator, in cooperation with the State of Texas, to study water quality problems in Lake Houston, Houston, Texas, and undertake control measures to improve water quality. Requires such study to include specified evaluations. Directs the Administrator to report, with recommendations, to specified congressional committees on such study and control measures. Authorizes appropriations for FY 1985 and subsequent fiscal years for such purposes. Directs the Administrator, in cooperation with the Secretary of the Army and in consultation with appropriate State and local agencies, to: (1) conduct a one-year comprehensive study of the Beaver Lake, Arkansas; (2) undertake a demonstration project for measures identified in such study for preserving and enhancing the reservoir's water quality; and (3) report, with recommendations, on such study and project to specified congressional committees. Makes specified funds available for such purposes. Directs the Administrator to undertake demonstration projects for specified cleanup operations for the following New Jersey bodies of water: (1) Greenwood Lake and Belcher Creek; (2) Deal Lake; and (3) Alcyon Lake. Directs the Administrator to report, with recommendations, on such projects to specified congressional committees. Authorizes appropriations for such projects. Revises provisions for permits under the National Pollutant Discharge Elimination System (NPDES). Provides that such permits are for fixed terms not exceeding ten years (currently five years), but not exceeding five years in any case: (1) where the permit modifies specified requirements of the Act; or (2) where the State determines that the applicant has not consistently complied with any NPDES permit held by such applicant. Requires that such permits be modified promptly to insure compliance with any new or revised effluent limitation for toxic pollutants or any new or revised requirement pursuant to water quality standards established under specified provisions of the Act which is more stringent than the existing effluent limitation or requirement in the permit or which controls a pollutant not controlled in the permit. Prohibits the Administrator from requiring an NPDES permit, or from directly or indirectly requiring any State to require such a permit for discharges of stormwater runoff from mining operations or oil or gas exploration, production, processing, or treatment operations composed entirely of flows which are: (1) from conveyances or conveyance systems used for collecting and conveying precipitation runoff; and (2) not contaminated with process wastes, overburden, raw materials, toxic pollutants above natural background levels, spilled product, hazardous substances, or oil, or grease. Requires any person discharging such stormwater runoff to: (1) monitor the quality of water in such flows; and (2) report at least annually to the Administrator on the results of such monitoring. Prohibits the Administrator to the extent that inadequate design or operation of a publicly owned treatment works causes such works to fail to meet NPDES permit requirements, from requiring (in issuing an NPDES permit) pretreatment by a discharger of identified conventional pollutants which are introduced into such treatment works other than pretreatment to assure compliance with specified pretreatment standards. Provides that such prohibition shall not affect specified authorities of the Administrator and of State and local governments under the Act. Authorizes a State Governor to submit an NPDES permit program for a portion of the discharges into the navigable waters in such State. Requires that such a partial permit program cover at a minimum administration of a major category of the discharges into the navigable waters of the State or a major component of the State's NPDES permit program. Authorizes the Administrator, if specified conditions are met, to approve: (1) a partial permit program covering administration of a major category of discharges; or (2) a partial and phased permit program covering administration of a major component (including discharge categories) of a State permit program. Provides that a State may return, or the Administrator may withdraw approval of, delegated NPDES permit program responsibilities. Directs the Administrator, for up to ten years after the enactment of this Act, to administer the terms of permits for two specified pulp mills in Alaska, and prohibits the Administrator from setting discharge standards under such permits which are less than those in effect on May 10, 1984. Provides that the term "point source" does not include agricultural stormwater discharges. Authorizes the Administrator to make a grant to the city of New York to install additional facilities and make modifications necessary for the Newtown Creek sewage treatment plant to provide secondary treatment. Makes the Federal share 75 percent of the cost of such project. Authorizes appropriations for such purpose for FY 1985 and subsequent fiscal years. Provides that such funds shall be in addition to any other amounts authorized under the construction grants program provisions of the Act. Directs the Administrator to make grants to the city of San Diego, California, for construction of a project consisting of: (1) a publicly owned treatment works in such city to provide primary or advanced treatment of not less than 60,000,000 gallons of municipal sewage and industrial waste per day for the city of Tijuana, Mexico; and (2) a publicly owned treatment works in such city to provide primary or more advanced treatment of such amount of municipal sewage and industrial waste per day for such city of San Diego as may be necessary to meet the objectives of the Act. Sets forth requirements relating to such grants and projects. Permits, through 1993, the discharge of pollutants for any ocean outfall constructed with such Federal assistance if such pollutants have received primary or more advanced treatment. Authorizes appropriations to the Administrator for such grants for FY 1985 and subsequent fiscal years. Directs the Administrator to make grants to the city of Naco, Arizona, for construction of a project consisting of a publicly owned treatment works in such city to provide primary or more advanced treatment of not less than 150,000 gallons of untreated sewage emanating from the city of Naco, Sonora, Mexico. Sets forth requirements relating to such grants and project. Authorizes appropriations to the Administrator to make such grants for FY 1985 and subsequent fiscal years. Prohibits the city of New York, after March 15, 1986, from discharging raw sewage into navigable waters in an amount which is greater for any 30-day period than an amount equal to 30 times the average daily discharge by the city during the 12-month period preceding such date. Authorizes the Administrator to waive such limitation to the extent and for such limited period of time as may be reasonably necessary for the city to resume operation of a wastewater treatment plant operated by the city, in the event of any significant interruption in such operation. Directs the Administrator to undertake measures, including modifications of compliance schedules, to reduce and eliminate at the earliest practicable date the discharge of raw sewage by the city of New York, taking into account any increase in the authorization for grants for the construction of treatment works made by this Act and standards and practices necessary for attaining a specified level of water quality. Provides that the Okolona Sewer Construction District, Jefferson County, Kentucky, shall be permitted to operate the Okolona Sewage Construction District Treatment Works and shall not be required to use any other facility for wastewater treatment until the West County Wastewater Treatment Plant, Jefferson County, Kentucky, is completed. Directs the Administrator to issue a permit under the Act for such purpose. Directs the Administrator to make grants to the Metropolitan District Commission, Massachusetts, for a project to undertake emergency improvements at the Deer Island Waste Water Treatment Plant in Boston, Massachusetts. Limits the Federal share to 75 percent of the cost of such improvements. Authorizes appropriations for each of FY 1985 through 1987 for such grants. Directs the Administrator, notwithstanding any provision of the Act, to pay, to the extent provided in appropriation Acts, in the same proportion as the Federal share of other project costs, all expenses for the relocation of facilities for the distribution of natural gas with respect to the entire wastewater treatment works known as Oakwood Beach and Red Hook projects, New York. Authorizes appropriations for FY 1985 and subsequent fiscal years for such purpose. Directs the Administrator to undertake necessary measures, including removal of accumulated raw sewage, to restore the quality of the waters adversely affected by the raw sewage discharge into Brady's run, Pennsylvania, which resulted from the destruction of the Chippewa Township, Pennsylvania, sewage treatment facility. Directs the Administrator to study the feasibility and desirability of eliminating the regulation of discharges of pollutants into navigable waters in amounts which, in terms of volume, concentration, and type of pollutant, are not significant (de minimis discharges). Directs the Administrator to report, with recommendations, in such study to specified congressional committees within one year after enactment of this Act. Directs the Administrator to study the effectiveness of specified innovative and alternative wastewater treatment processes and techniques which have been used in treatment works constructed under the Act. Sets forth requirements relating to such study. Directs the Administrator to report, with recommendations to specified congressional committees within two years after enactment of this Act. Directs the Administrator to study the water quality improvements which have been achieved by application of best available technology economically achievable pursuant to specified provisions of the Act. Sets forth requirements relating to such study. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within two years after the enactment of this Act. Directs the Administrator to study the testing procedures for analysis of pollutants established under specified provisions of the Act. Sets forth requirements relating to such study. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within one year after the enactment of this Act. Directs the Administrator, biennially after the date of submission of such report, to conduct a state-of-the-art review of such test procedures to determine their adequacy and effectiveness. Directs the Administrator to submit to such congressional committees recommendations, based on such review for modifying such test procedures to improve their effectiveness. Directs the Administrator to study the pretreatment of toxic pollutants, including a study of: (1) the adequacy of data on environmental impacts of toxic industrial pollutants discharged through publicly owned treatment works; (2) the extent to which secondary treatment at publicly owned treatment works removes toxic pollutants; (3) the capability of publicly owned treatment works to revise pretreatment requirements under specified provisions of the Act; (4) possible alternative regulatory strategies for protecting the operations of publicly owned treatment works from industrial discharges, including evaluation of each such strategy's potential to achieve the goals of the Act; and (5) the adequacy of Federal, State, and local resources to establish, implement, and enforce multiple pretreatment limits for toxic pollutants for each alternative strategy identified. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within two years after the enactment of this Act. Directs the Administrator to study the problem of the corrosive effects of sulfides in collection and treatment systems, the extent to which the uniform imposition of categorical pretreatment standards will exacerbate this problem, and the range of available options to deal with the effects. Requires that such study be conducted in consultation with the Los Angeles City and County sanitation agencies which have observed examples of corrosion probably caused by sulfides. Directs the Administrator to report, with recommendations, on such study to specified congressional committees within one year after the enactment of this Act. Authorizes appropriations for FY 1985 and subsequent fiscal years for such study and report. Requires as new conditions for the modification of treatment requirements with respect to the discharge of pollutants from a publicly owned treatment works that an applicant for such modification demonstrate that: (1) in the case of a treatment works serving a population of 50,000 or more, there is in effect a specified pretreatment program for toxic pollutants introduced into such works for which there is no pretreatment requirement in effect; and (2) the effluent which is discharged from such works is receiving primary treatment and meets the criteria for water quality established by the Administrator. Revises the meaning of the phrase "discharge of any pollutant into marine water." Sets forth provisions relating to maintenance of water quality in estuaries. Directs the Administrator to convene a management conference upon determination that the attainment or maintenance of water quality in an estuary requires the control of sources of pollution in more than one State. Sets forth requirements for conference membership. Requires that an interstate agency be the lead agency for carrying out such provisions in any case in which such agency has jurisdiction over all or a significant part of the estuary. Directs the Administrator to give priority consideration under such provisions to: (1) Long Island Sound; (2) Buzzards Bay, Massachusetts; and (3) Delaware Bay, Delaware and New Jersey. Prohibits convening such a conference before a final adjudication has been made in any pending State boundary dispute involving the estuary. Provides that such a management conference shall establish and provide for the implementation of a master plan which addresses the pollution problems of the estuary involved. Authorizes the Administrator to make grants to States participating in such a management conference which are equal to 50 percent of a State's cost of implementing a master plan for a fiscal year. Authorizes appropriations for FY 1984 through 1988 for such grants. Authorizes appropriations to the Administrator for FY 1984 through 1988 for: (1) administrative expenses with respect to such management conferences; (2) grants for the development of master plans for estuaries; and (3) monitoring the implementation of such master plans. Adds provisions relating to Chesapeake and Narragansett Bays. Directs the Administrator to continue the Chesapeake Bay program and to establish and maintain in the EPA an office, division, or branch of Chesapeake Bay Programs to: (1) collect and disseminate research and other information on the environmental quality of the Bay; (2) coordinate Federal and State efforts to improve the quality of research projects pertaining to the Bay; (3) conduct research on sediment deposition in the Bay; and (4) conduct research on how natural and man-induced environmental changes impact on the living resources of the Bay, with particular emphasis on the impact of pollutant loadings of nutrients, chlorine, acid precipitation, dissolved oxygen, and toxic pollutants, (including organic chemicals and heavy metals), and with special attention to the impact on the striped bass. Directs the Administrator, at the request of the Governor of a State affected by the interstate management plan developed under the Chesapeake Bay program, to make a grant to implement management mechanisms in the plan if the State has, within one year after the date of enactment of this Act, approved and committed to implement all or substantially all aspects of the plan. Requires a State or combination of States in order to qualify for such grants, to submit a plan for proposed abatement actions and estimated costs for the approval of the Administrator. Limits such grants to 50 percent of the plan implementation costs in any year and requires non-Federal sources to provide the remainder of such costs during such fiscal year. Limits administrative costs to ten percent of the annual Federal grant to a State. Requires States to submit progress reports to the Administrator within 18 months after the receipt of such grants, and biennally thereafter. Directs the Administrator to transmit such reports, with comments, to Congress. Directs the Administrator, at the request of the Governor of an affected State and after consultation with appropriate Federal and State agencies and other interested persons, to make a grant for purposes of assessing the principal factors having an adverse effect on the environmental quality of the Narragansett Bay, as perceived by both scientists and users, in conjunction with developing and implementing a management program to improve such Bay's water quality. Limits such grants to 50 percent of the program implementation costs and requires non-Federal sources to provide the remainder. Requires States to submit descriptions of the proposed programs for the approval of the Administrator. Directs the Administrator to approve each such program within three months of receipt if the applicant State demonstrates that it will: (1) establish a committee to provide advice on design and implementation of a management program and to coordinate communication on issues affecting such Bay's water quality; (2) review and coordinate federal and State water pollution abatement programs to address adverse water quality factors; (3) establish methods for improving sampling data collection and a system for collecting, analyzing, storing, and disseminating such data; and (4) develop and implement within three years after enactment of this Act, water quality management practices and measures (including land use requirements) to reduce to the greatest extent feasible pollutant loadings in such Bay and to improve its water quality. Requires States to submit progress reports to the Administrator, within two years after issuance of such grants and annually thereafter. Authorizes appropriations for FY 1985 through 1988 for such Chesapeake and Narragansett Bays programs. Sets forth provisions relating to the New York and New Jersey Harbor area (the Harbor). Directs the Administrator to: (1) collect and make available information on the environmental quality of the Harbor; (2) coordinate Federal and State efforts to improve the Harbor's water quality; and (3) determine the impact of natural and man-induced environmental changes on the living resources of the Harbor and on adjacent coastal areas and the relationships among such changes, with particular emphasis on the impact of pollutant loadings of sewage, dissolved oxygen, and toxic pollutants, including organic chemicals and heavy metals. Directs the Administrator, at the request of the Governor of a State affected by any interstate management plan relating to the Harbor and developed pursuant to specified provisions of this Act for maintenance of water quality in estuaries, to make a grant to implement the management mechanisms contained in such plan. Allows an affected State or combination of States to submit, to the Administrator a plan including the estimated cost of the abatement actions proposed to be taken during the next fiscal year. Directs the Administrator, if the plan is consistent with specified national policies and goals under the Act, to approve such plan and to finance up to 50 percent of the costs of implementing such plan in any fiscal year, on condition that non-Federal sources provide the remainder of such costs. Limits administrative costs to ten percent of such annual Federal grant to a State. Requires such States to submit progress reports on the implementation of such plans, within 18 months after the date of receipt of such grant and biennially thereafter. Directs the Administrator to transmit such reports, with comments, to Congress. Authorizes appropriations for FY 1985 through 1988 for purposes of such provisions for the Harbor. Authorizes the Administrator to undertake a study on consumptive uses of Great Lakes water. Authorizes the Administrator to conduct such study in cooperation with other interested Federal agencies and the eight Great Lake States and their local governments. Requires such study to focus on all possible control measures which can be implemented to reduce the quantity of Great Lakes water consumed without adversely affecting the projected growth of the Great Lakes region. Requires that such study include an analysis of both existing and new technology which appears to be feasible in the foreseeable future. Requires that such study include at a minimum: (1) a review of methodologies used to forecast Great Lakes consumptive uses; (2) an analysis of the effect that enforcement of provisions of the Act relating to thermal discharges has had on consumption of Great Lakes water; (3) an analysis of the effect of laws, regulations, and national policy objectives on consumptive uses of Great Lakes water used in manufacturing; (4) an analysis of the economic effects on a consuming industry and other Great Lakes interests associated with a particular consumptive use control strategy; (5) an analysis of associated environmental impacts, both singularly and in combination with other consumptive use control strategies; and (6) a summary discussion with recommendations for methods of controlling consumptive use so as to maximize benefits to the Great Lakes ecosystem and also provide for continued full economic growth for consuming industries as well as other industries which depend on the use of Great Lakes water. Authorizes appropriations for such study for FY 1985 and subsequent fiscal years. Grants an exception to a time limitation relating to an application for a permit modification for less than secondary treatment involving an ocean discharge. Provides that a publicly owned treatment works which, before December 1, 1982, had a contractual arrangement to use a portion of the capacity of another publicly owned treatment works which has applied for or receives such a modification, may apply for such a modification for itself within 30 days after enactment of this Act. Designates the Great Lakes National Program Office of the Environmental Protection Agency as the Great Lakes International Coordination Office. Directs the head of the Office to serve as the principal liaison person on Great Lakes matters to the International Joint Commission, United States and Canada. Requires the Office to: (1) develop and implement specific action plans to carry out U.S. responsibility under the Great Lakes Water Quality Agreement of 1978; (2) coordinate Agency actions aimed at improving Great Lakes water quality; (3) coordinate Agency actions with other Federal, State, and local authorities; (4) establish a Great Lakes system-wide surveillance network to monitor the water quality of the Great Lakes, with emphasis on monitoring toxic pollutants; and (5) serve as liaison with, and provide information to, the Canadian members of the Commission and the Canadian counterpart of the Agency. Directs the Administrator to: (1) ensure that the Office enters into specified agreements with Agency organizational elements involved in Great Lakes activities in the appropriate State agencies; and (2) include a funding request for the office as a separate budget line item in the Agency's annual budget submission to Congress. Authorizes appropriations for FY 1986 through 1990 for the Office. Authorizes appropriations for FY 1985 to carry out water quality studies of the Great Lakes under the Act. Directs the Administrator, within 120 days after enactment of this Act and at the beginning of each fiscal year thereafter, to submit to Congress a comprehensive assessment of the planned efforts to be pursued in the succeeding fiscal year for implementing the Great Lakes Water Quality Agreement of 1978. Requires such assessment to include specified information. Directs the Administrator, within 150 days after the end of each fiscal year, to submit to Congress a comprehensive report which describes specified achievements, progress, and long-term prospects for improving Great Lakes water quality. Authorizes the Administrator (or an approved State program) to issue a permit which modifies specified requirements with respect to the pH level of any discharge, and with respect to discharges of iron and manganese, from the remined area of any coal remining operation. Requires that such modified requirements apply the best available technology economically achievable on a case-by-case basis, using best professional judgment. Prohibits such a permit from allowing the pH level of any discharge, or the discharges of iron and manganese, to exceed the levels being discharged from the remined area before the coal remining operation begins. Provides that no payment may be made under this Act except to the extent provided in advance in appropriation Acts.
United States · United States Congress · 20 June 1984
Designates August 1, 1984, as Helsinki Human Rights Day. Authorizes and requests the President to issue a proclamation reasserting the American commitment to full implementation of the human rights and humanitarian provisions of the Helsinki Accords. Requests the President to raise the issue of noncompliance with such provisions with the Soviet Union and Eastern European countries at every available opportunity.
United States · United States Congress · 18 June 1984
Designates the week beginning February 17, 1985, as a time to recognize the contributions of volunteers who give their time to become Big Brothers and Big Sisters to youths in need of adult companionship.
United States · United States Congress · 13 June 1984
Amends the Federal criminal code to define "armor piercing ammunition." Excludes from the definition: (1) shot gun shot required by Federal or State regulations for hunting; (2) frangible projectiles for target shooting; and (3) projectiles that the Secretary of Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor piercing ammunition. Allows for: (1) the manufacture or importation of armor piercing ammunition for the use of the United States or any State or local government; and (2) manufacture for the sole purpose of exportation. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Imposes an additional mandatory sentence of not less than five years for any person who uses or carries a firearm and is in possession of armor piercing ammunition during the commission of a violent felony. Provides that such sentence shall not be suspended nor probation nor parole granted.
United States · United States Congress · 13 June 1984
Requests the President to take steps to schedule annual summit meetings between the United States and the Soviet Union beginning on April 25, 1985, on the Elbe River in Germany.
United States · United States Congress · 31 May 1984
Amends the Arms Export Control Act to prohibit the President from issuing a letter of offer to sell major defense equipment for $14,000,000 or more, or other defense articles or services for $50,000,000 or more to any country or international organization unless Congress enacts a joint resolution authorizing the sale. Exempts sales to the North Atlantic Treaty Organization (NATO), member countries of that organization, Japan, New Zealand, Australia, or Israel from such requirement. Prohibits the President from issuing a letter of offer for such sales to such countries or NATO if Congress, within 15 days of receiving the certification with respect to the proposed sale, agrees to a joint resolution stating that the proposed sale is not authorized. Prohibits the President from issuing a letter of offer to sell design and construction services for $200,000,000 or more to any foreign country or international organization if the Congress, within 30 days of receiving the certification with respect to the proposed sale, agrees to a joint resolution stating that the proposed sale is not authorized. Prohibits the President from issuing letters of offer for arms sales until after Congress has had time to consider relevant joint resolutions. Exempts letters of offer for arms sales from the requirements for congressional authorization if the President states in the certification that an emergency exists which requires the proposed sale in the U.S. national security interests. Sets forth an expedited procedure for consideration of resolutions relating to such letters of offer. Prohibits the President from issuing a license to export such defense equipment, articles, or services unless the Congress enacts a joint resolution authorizing the proposed export. Exempts from this requirement proposed exports to NATO, any member of NATO, Japan, New Zealand, Australia, or Israel. Prohibits issuing a license to export such defense equipment, articles, or services to NATO and such countries until 30 days after Congress receives the certification on such exports. Excludes proposed exports of such defense equipment, articles, or services from such requirements if the President states in the certification that an emergency exists which requires the proposed export in the interest of U.S. national security. Provides for expedited consideration of joint resolutions relating to such export licenses. Prohibits the President, unless Congress enacts a joint resolution authorizing such action, from entering into or renewing an arms lease agreement, or military assistance loan to any foreign country or international organization for one year or longer of any defense articles which are either major defense equipment valued at $14,000,000 or more or other defense articles valued at $50,000,000 or more. Excludes from such requirement a lease or loan to NATO, any member country of NATO, Japan, New Zealand, Australia, or Israel. Provides for expedited consideration of such a joint resolution. Prohibits the President from consenting to a third-country arms transfer: (1) in the case of a proposed transfer to NATO, any member country of NATO, Japan, New Zealand, Australia, or Israel, if the Congress agrees, within 15 days after receiving the President's certification of the transfer, to a joint resolution stating that the President is not authorized to grant consent and that joint resolution is thereafter enacted; (2) in the case of any other such proposed transfer unless the Congress enacts a joint resolution authorizing the President to grant his consent to the proposed transfer. Prohibits the President from consenting to such an arms transfer until after Congress has had time to consider a relevant joint resolution. Exempts third-country arms transfers from such requirements if the President states in the certification that an emergency exists which requires that consent to the proposed transfer become effective immediately in the interest of U.S. national security.
United States · United States Congress · 23 May 1984
States that the Congress: (1) adopts as an objective the release of all Americans still held captive in Southeast Asia and the full accounting of those still missing; (2) recognizes and supports the President's leadership with respect to those Americans; (3) supports his efforts in impressing upon the Southeast Asian nations the determination of the United States to resolve this issue; and (4) encourages him to continue to use all means to secure a full accounting of those Americans still missing and to inform the Congress of his progress regarding this matter.
United States · United States Congress · 17 May 1984
Federal Pay Equity and Management Improvement Act of 1984 - Title I: Pay Equity - Directs the Office of Personnel Management (OPM) to study and report to the President and specified congressional committees on: (1) any Government practices of setting lower wage rates under the position classification system or the prevailing pay rate system for jobs held predominately by women than for jobs with comparable duties and requirements held predominantly by men; (2) the discriminatory wage differentials resulting from such practices; (3) appropriate measures for eliminating such practices and differentials, including proposals for the use of equitable job-evaluation techniques and training programs for individuals responsible for implementing such measures; and (4) a timetable for implementing such measures within two years. Declares that nothing in this Act authorizes any reduction in the pay for any position. Requires OPM to submit monthly interim reports on its activities to the congressional committees and to provide advance notice of proposed methods to be used to identify discriminatory wage-setting practices or discriminatory wage differentials. Directs OPM to establish a Pay Equity Study Council to advise OPM on its activities under this title. Requires that the Council consist of at least six representatives of labor organizations representing substantial numbers of female employees. Directs OPM to carry out a continuing program of providing technical assistance to assist an agency, upon request, in applying any position-classification or job grading standard created or revised under this title. Requires OPM, beginnning in 1986, to submit to the President and Congress an annual report on actions taken during the previous year and actions planned for the current year to carry out this title. Directs each Federal agency responsible for submitting an equal employment opportunity plan under the Civil Rights Act of 1964 to: (1) include in each plan or update a review and identification of any discriminatory wage-setting practices and wage differentials with respect to its employees and a plan to eliminate any such practices and differentials; and (2) submit a plan or update containing such information within one year after the effective date of this title. Title II: Performance Management and Recognition System - Revises the merit pay system. Renames the system the performance management and recognition system. Allows the President to exclude any class of employees within any agency unit from such system under specified conditions. Excludes employees of the Office of the Architect of the Capitol, the Library of Congress, the Botanic Garden, and the Administrative Office of the Courts from such system. Declares that such system shall provide for general pay increases, merit increases, and performance awards based on an employee's performance as measured on a five-level scale consisting of one fully successful level, two levels below fully successful, and two levels above fully successful. Requires that any employee whose performance is rated at: (1) the second level below fully successful receive no general pay increase; (2) the first level below fully successful receive one half of the general increase; and (3) the fully successful level or above receive the full general increase. Authorizes annual merit increases to take effect on the first applicable pay period beginning on or after October 1 of each year. Sets the amount of a merit increase at one-ninth of the difference between the minimum and maximum rates of basic pay for the pay grade. Provides for the award of a full merit increase or a fraction thereof based on the employee's level of performance and the employee's basic pay rate within his or her pay grade. Denies merit increases to employees who perform below the fully successful level. Prohibits an employee covered by the performance management and recognition system from being paid at a rate greater than the maximum rate of basic pay for the grade of the employee's position. Allows a covered employee to be paid less than the minimum pay for such grade only as a result of the employee failing to qualify for a full general pay increase. Prohibits a reduction in the pay of an employee brought under such system so long as the employee continues to occupy the same position. Requires the payment of a performance award in an amount not less than two percent and not more than ten percent of an employee's annual rate of basic pay to any employee whose performance is rated at the second level above fully successful. Authorizes the payment of a performance award not exceeding ten percent of an employee's basic pay to any employee whose performance is rated at the first level above fully successful. Limits the funds available to an agency for performance awards to a specified percentage of the agency funds payable for the basic pay of employees under the performance management and recognition system. Continues the cash award program (currently provided under the merit pay system) under the performance management and recognition system. Directs OPM to report to the President and Congress annually on the effectiveness of such system. Prohibits OPM from promulgating regulations restricting the individual or aggregate amount of performance awards. Terminates such system on September 30, 1989. Requires agencies to develop separate performance appraisal procedures for employees covered by such system. Requires such performance appraisal procedures to require the joint participation of the supervising official and the employee in establishing performance standards. Directs OPM to prescribe regulations requiring that such procedures assure accurate evaluation of job performance, communication with employees regarding performance standards at the begining of each appraisal period, evaluation of employees based upon such standards, assistance to employees performing below the fully successful level, and the reassignment, reduction in grade, or removal of any employee who continues to perform below the fully successful level after being afforded reasonable opportunity to improve his or her performance. Lists factors to be considered in performance appraisals, including organizational accomplishment. Entitles an employee whose performance is rated below the fully successful level to: (1) receive prompt notice of that rating and an opportunity for reconsideration of such rating within the agency; and (2) appeal any such rating which is affirmed on reconsideration to the Merit Systems Protection Board. Requires each agency to establish a performance standards review board to: (1) assess the agency's performance standards; (2) study the feasibility of an awards program based on the collective performance of groups of employees under the performance management and recognition system; and (3) provide technical assistance with respect to demonstration projects relating to performance standards. Prohibits OPM or any agency from prescribing any particular distribution of levels of performance ratings or any specific performance standard or element. Prohibits any reduction in the basic pay rate of an individual serving in a position which: (1) is under the merit pay system before the effective date of this title solely because such position does not become covered by the performance management and recognition system; or (2) ceases to be covered by the performance management and recognition system upon termination of such system. Title III: Senior Executive Service - Expresses the sense of Congress that the Senior Executive Service should be continued indefinitely. Establishes the minimum amount of a performance award for a career appointee in the Senior Executive Service (SES) as five percent of the appointee's basic pay rate. Limits the aggregate amount of performance awards payable to SES career appointees of an agency to a specified percentage of the basic pay payable to such appointees during the preceding fiscal year. Prohibits the total number of noncareer appointees in all agencies in a fiscal year from exceeding ten percent of the average number of senior executives occupying SES positions in all agencies during the preceding fiscal year. Revises a limitation on the number of SES positions in an agency that may be filled by noncareer appointees to prohibit such number from exceeding 25 percent of the average number of senior executive occupying SES positions in the agency during the preceding fiscal year. Permits a career appointee to be removed from the SES due to a reduction-in-force if the appointee is not assigned to another SES position within the same agency or placed in a SES position in another agency within 45 (currently 120) days after OPM received the original agency's certification that no SES position is available. Prohibits a career appointee from being reassigned outside of his or her commuting area unless he or she is consulted and provided 60 days notice concerning such reassignment. Directs OPM to prescribe regulations providing career appointees rights comparable to competing employees in the event of a transfer of functions between agencies. Authorizes an agency to take an adverse action against an employee because the employee fails to accept a directed reassignment or to accompany a position in a transfer of function. Provides that the involuntary separation of an employee for failure to accept a directed reassignment to a position or to accompany a position in a transfer of function outside his or her commuting area shall not be considered to be a removal for cause on charges of misconduct or delinquency in determining such employee's eligibility for immediate civil service retirement.
United States · United States Congress · 17 May 1984
States that the Congress condemns the closing of ABC Color (a newspaper in Paraguay) and urges Paraguay to reopen such newspaper and to guarantee freedom of the press.
United States · United States Congress · 15 May 1984
Expresses the sense of the Congress that the International Olympic Committee should establish a permanent Olympic facility on a site that insulates the games from international politics.
United States · United States Congress · 14 May 1984
Directs the Secretary of State to provide for: (1) the establishment in the U.S. Virgin Islands of an Eastern Caribbean Center; (2) grants to attract outstanding Eastern Caribbean scholars to the Center; (3) grants to qualified Eastern Caribbean students to enable such students to study in the U.S. Virgin Islands; (4) making the Center available for study or training to other qualified persons; and (5) developing an extension service to provide technical education in Eastern Caribbean nations to residents of such nations. Authorizes the Secretary to accept gifts to be used to carry out the purposes and functions of the Center. Authorizes appropriations. Requires the Secretary to make an annual report to Congress.
United States · United States Congress · 10 May 1984
Superfund Expansion and Protection Act of 1984 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) (the Act) to revise the definition of "hazardous substance" to include petroleum (including crude oil or any fraction thereof) which: (1) is released from an underground storage tank (as defined in title IV of this title); or (2) may present a significant risk to human health. Transfers the definition of "pollutant or contaminant" from under provisions for response authorities under the Act to among the definitions for purposes of the entire Act. Provides that such term shall include petroleum (including crude oil or any fraction thereof) only in the case of a release from an underground storage tank as defined in title IV of this title. Adds references to "pollutants or contaminants" under specified provisions of the Act. Directs the Administrator of the Environmental Protection Agency (EPA) (the Administrator) to promulgate regulations, within six months after enactment of this Act, establishing that one single quantity shall be the reportable quantity of any hazardous substance regardless of the medium into which the hazardous substance is released. Increases the amount of criminal fines and the duration of criminal sentences for specified violations under the Act. Adds civil penalties for specified violations under the Act. Revises response authorities provisions to transfer from the President to the Administrator the authority to determine whether a response action will be done properly by the responsible party. Authorizes the Administrator, as well as the President, to undertake response actions. Requires that any removal action undertaken by the Administrator, or by any responsible party, be consistent, to the extent practicable, with any long term remedial action with respect to the release or threatened release. Directs the Administrator, to the maximum extent possible, to assess the risk to human health associated with the release or threatened release. Revises response authorities provisions relating to agreements with States. Requires States to make specified agreements with the Administrator, rather than with the President. Eliminates the requirement that a State assure all future maintenance of the removal and remedial actions provided for the expected life of such actions. Requires the State to pay ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action. Requires a 50 percent or greater State share of response costs only in the case of facilities operated, as well as owned, by the State or local government at the time of hazardous waste disposal. Requires the State to also pay all future operation and maintenance costs of any onsite remedial action at such State or locally owned and operated facilities. Provides for credits to any State which has paid more than a ten percent share of remedial costs at a facility owned, but not operated, by such State or local government. Provides that reasonable administrative expenses may be credited against a State's ten percent share. Sets forth mandatory cleanup standards. Directs the Administrator, rather than the President, to select appropriate cost-effective remedial actions determined to be necessary. Requires that such actions be in accordance with: (1) the National Contingency Plan, to the extent practicable; and (2) a required protection level. Directs the Administrator, in evaluating the cost-effectiveness of a remedial action, to consider permanent solutions and alternative treatment technologies to the maximum extent practicable. Requires that the remedial action provide for a level or standard of control necessary to protect human health and the environment. Requires that such level or standard be as stringent as the most stringent applicable standard under the Toxic Substances Control Act, Safe Drinking Water Act, Clean Air Act, or Clean Water Act (or water quality criteria under the Clean Water Act). Requires that any remedial action which provides for containment at the facility comply with standards applicable to facilities required to obtain hazardous waste management permits under the Solid Waste Disposal Act. Authorizes the Administrator to waive the requirement of the most stringent applicable standard, or of the specified containment standard, and to select an alternative remedial action upon a finding that: (1) such alternative remedial action will provide substantially equivalent protection; or (2) compliance with such requirements at that facility will consume such a disproportionate share of the resources of the Hazardous Substances Trust Fund (the Fund) as to have the effect of deferring or preventing remedial action at other facilities which pose a significantly greater threat to human health and the environment. Prohibits permit requirements for any removal or remedial action undertaken pursuant to the Act at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for required protection level. Revises provisions for information gathering and access authorities to refer to the Administrator, rather than the President. Applies specified information requirements to generators of hazardous wastes, even if such information is available at the facility where such waste is located. Provides for access to such facilities by duly designated Federal and State officers, whenever necessary to carry out any provision of the Act, at reasonable times and for a reasonable duration. Prohibits anyone from impeding or interfering with such entry. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles sufficient to establish the likely effect on human health of at least 100 hazardous substances which are most frequently found or which pose the most significant threat to human health at facilities listed on the National Priorities List prepared under the National Contingency Plan. Requires that the 100 profiles be completed 48 months after enactment of this Act (at 12-month intervals for four groups of 25 substances). Adds new provisions for public participation in remedial action planning. Sets forth mandatory remedial action schedules. Directs the Administrator (of EPA) to commence remedial investigations for all facilities which are listed, as of the enactment date of this Act, on the National Priorities List (NPL) in accordance with the following schedule: (1) one-third of such facilities within six months after such enactment date; (2) two-thirds within 12 months after such date; and (3) all within 18 months after such date. Directs the Administrator to list not fewer than 1,600 facilities on the NPL by January 1, 1988. Directs the Administrator to commence remedial actions and feasibility studies for each facility added to the NPL after the enactment date of this Act within six months after addition of such facility to the NPL. Directs the Administrator to ensure that substantial and continuous physical on-site remedial action commences at facilities on the NPL at a rate of not fewer than 150 facilities per year beginning on October 1, 1986. Directs the Administrator to complete by January 1, 1987, preliminary assessments of all sites listed, as of the enactment date of this Act, on the Emergency and Remedial Response Information System. Directs the Administrator to ensure that remedial action is completed, to the maximum extent feasible, for all facilities listed as of the date of enactment of this Act on the NPL within five years after such enactment date. Directs the Administrator to publish an explanation of why any such remedial action could not be completed within such period. Sets forth provisions for citizen petitions for health effects studies and for emergency relief. Allows any individual or group of individuals to submit a petition to the Administrator providing evidence which: (1) demonstrates that such individual or individuals are being exposed to any hazardous substance; and (2) provides an empirical analysis of the level of exposure. Directs the Administrator to initiate a health effects study upon determination that: (1) there is a reasonable likelihood that such substance is from a facility where such substance is or was treated, stored, recycled, or disposed of, on a regular basis, or where removal action is being or was taken under any provision of the Act; and (2) the exposure may present a significant risk to human health. Directs the Administrator (or the ATSDR Administrator if so designated by the Administrator), within 30 days after receipt of such petition, to: (1) initiate a health effects study; or (2) publish a written explanation of the determination which prevented initiation of the study. Requires that each such health effects study be completed within six months after the date the petition is filed and include specified information. Requires that steps be taken to eliminate any significant risk to human health which such study finds the exposure concerned presents. Provides that such steps may include provision of alternative drinking water supplies and relocation of individuals. Requires that the National Contingency Plan (NCP) be revised within 18 months after the enactment of this Act to reflect the amendments made by this Act. Requires that the portion of the NCP known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for remedial actions consistent with protection level requirements under this title. Sets forth provisions for citizen petitions for site ranking. Directs the Administrator, within 12 months after receipt of a citizen petition, to complete a preliminary assessment of the hazards to public health and environment associated with any actual or threatened release of a hazardous substance or pollutant or contaminant. Directs the Administrator, if such assessment indicates a significant threat, to make a prompt evaluation in accordance with the hazard ranking system referred to under specified provisions of the Act to determine the national priority of such release or threatened release. Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall also take into account: (1) the release-associated damage to natural resources which may affect the human food chain; and (2) the release-associated contamination or potential contamination of the ambient air. Sets forth provisions for abatement actions. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish specified guidelines for using imminent hazard, enforcement, and emergency response authorities to effectuate the responsibilities and powers created by this Act. Authorizes the Administrator to establish administrative procedures regarding the opportunity for a person to object to an abatement order under this title. Provides that no court shall have jurisdiction to review any such abatement order in any action other than an action to: (1) enforce such order; (2) recover a penalty for a violation; or (3) recover punitive damages. Revises liability provisions to provide for liability for Federal or State costs of removal or remedial action with respect to a release or threatened release (whether or not such action is consistent with the NCP). Adds liability for Federal or State costs of information gathering with respect to a release or threatened release. Adds liability for the costs of any action taken by the Administrator, under specified citizens petition and emergency relief provisions of this Act, to eliminate a significant risk to human health presented by exposure to a hazardous substance, pollutant, or contaminant and the costs of any health effects study carried out under such provisions with respect to such exposure. Provides that liability under the Act (CERCLA) shall be strict, joint, and several as construed and applied under specified provisions of the Federal Water Pollution Control Act and under these CERCLA liability provisions. Provides that amounts recoverable shall include interest at a specified rate. Prohibits the Attorney General from representing any Federal agency (other than the EPA) in any civil action under title I (Hazardous Substances Releases, Liability, Compensation) of the Act (CERCLA). Authorizes the head of any such Federal agency to appoint agency attorneys or contract with non-Federal attorneys to represent the agency in any such action. Provides that, in any action under liability provisions of the Act, the results of laboratory tests conducted by the Administrator (or by a State) to determine what substances are present at the facility where a release or threatened release occurs may be introduced into evidence and shall be presumed to be accurate. Provides that such presumption shall be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Adds to authorized uses of the Fund the payment of any costs incurred under provisions of this Act: (1) relating to emergency relief and health effects studies; (2) by the ATSDR in preparing specified toxicological profiles; and (3) by the Administrator in evaluating facilities pursuant to petitions for preliminary assessments of hazards to public health. Eliminates a requirement that 85 percent of specified money credited to the Fund be available only for specified purposes. Limits to six percent of such money the amount available for payment of specified claims. Revises audit provisions to direct the Inspector General of the EPA, in each fiscal year, to: (1) conduct an annual audit of the Trust Fund; (2) report on the status of all remedial and enforcement actions taken during the prior fiscal year; and (3) estimate the amount of resources, including the number of work years or personnel, which would be necessary for the Administrator to complete the implementation of all duties vested in the Administrator under this title. Requires that such audit and such status report: (1) include specified information; and (2) be reported annually by the Inspector General to the Congress. Prohibits any potentially liable person from seeking judicial review of any determination to incur any governmental response costs pursuant to response authorities provisions or to utilize the Fund for payment of such costs except in an action to recover such costs under liability provisions. Revises statute of limitations provisions under the Act. Prohibits, with specified exceptions for minors or incompetent persons, presentation of any claim or commencement of any action for damages, as defined under the Act, beyond three years after the later of: (1) the date of the discovery of the loss; (2) the date on which regulations are promulgated under specified provisions for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act; or (3) the date on which regulations are promulgated establishing procedures for the filing of such claims. Sets a statute of limitations of six years after the date of the completion of the response action for presentation of claims or commencement of actions for recovery of response costs in cases involving the responsible person's willful misconduct or willful negligence, violation of safety, construction, or operating standards or regulations, or failures or refusals to provide reasonable cooperation and assistance requested by public officials. Extends the deadline for promulgation of regulations for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or a hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act. Sets forth provisions concerning the relationship of this Act to other law. Authorizes States to require any person to contribute to any fund to pay compensation for claims for any response costs or damages or claims which may be compensated under the Act. Title II: Federal Cause of Action - Subtitle A: Federal Cause of Action - Establishes a Federal cause of action for damages to an individual which result from harm caused by a release of a hazardous substance from specified facilities. Allows the individual or the individual's dependents to sue for compensable damages under this title. Makes liable for such damages: (1) the owner or operator of a vessel (otherwise subject to the jurisdiction of the United States) or a facility; (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substance was disposed of; (3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility owned or operated by another party or entity and containing such hazardous substances; and (4) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities or sites selected by such person. Makes such liability strict. Makes such liability joint and several, with specified exceptions. Sets forth defenses to such strict liability. Makes the following damages compensable under this title: (1) any medical expenses, rehabilitation costs, or burial expenses due to personal injury, illness, or death; (2) any loss of income or profits or any impairment or loss of earning capacity due to personal injury, illness, or death; (3) any pain or suffering which results from personal illness, injury, or death; and (4) any economic loss and any damages to property, including diminution in value. Provides for jurisdiction over such Federal cause of action in U.S. district courts. Provides that such Federal jurisdiction shall not affect the jurisdiction of any State court with respect to any action. Authorizes the court to award litigation costs where appropriate. Provides that nothing in this title shall be construed to preempt, or otherwise affect, any provision of State law regarding liability for damages in connection with any hazardous substance. Subtitle B: General Provisions - Sets forth a three-year statute of limitations, with specified exceptions for minors or incompetent persons, for actions under this title beginning on the later of: (1) the date the individual knew (or reasonably should have known) that the injury, illness, or death or other expense was caused by the hazardous substance concerned; or (2) the date of enactment of this title. Prohibits any person who is an employee covered by a State or Federal worker's compensation plan which compensates employees for an injury, illness, or death arising out of and in the course of employment (or pursuant to similar tests of work-relatedness) from recovering any amount under this title for such injury, illness, or death. Title III: Miscellaneous Provisions - Eliminates provisions under the Act (CERCLA) relating to a legislative veto. Authorizes citizen lawsuits under the Act (CERCLA). Sets forth provisions relating to such citizen lawsuits. Title IV: Regulation of Underground Storage Tanks - Establishes a program for identification and regulation of underground storage tanks containing hazardous substances (including petroleum products), and for cleanup of leaks from such tanks. Defines "hazardous substance" for purposes of this title as: (1) any substance designated pursuant to specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated pursuant to the CERCLA definition of "pollutant or contaminant," as added by this Act; (3) any hazardous waste having the characteristics identified under or listed pursuant to hazardous waste management provisions of the Solid Waste Disposal Act (but not including any waste the regulation of which under such Act has been suspended by Act of Congress); (4) any toxic pollutant listed under specified provisions of the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under specified provisions of the Clean Air Act; (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to specified provisions of the Toxic Substances Control Act; and (7) any petroleum product or fraction thereof. Excludes from such term natural gas, natural gas liquids, propane, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Defines "underground storage tank" to include underground pipes connected to such a tank, and lists the following exclusions from this term: (1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored; (3) residential septic tanks; (4) pipelines regulated under the Natural Gas Pipeline Act of 1968; or (5) surface impoundments, pits, ponds, lagoons, or basins. Sets forth notification requirements applicable to any person who, during the calendar year immediately preceding the calendar year in which this title was enacted, has supplied any hazardous substance to 100 or more sites where there is an underground storage tank which is or has been used for the storage of any hazardous substance. Requires such persons to notify a designated State or local agency of the existence of any such tank located at such a site. Directs the Administrator, within eight months after the enactment date of this Act, to promulgate regulations (taking into account the effect on small business) regarding the providing of notice to obtain information concerning any such tanks which are not located at such sites. Requires that the notice required of such persons supplying hazardous substances to 100 or more sites where such tanks are located be provided within 12 months after the enactment of this title. Requires that the notice required with respect to all other sites where such tanks are located be provided within 12 months after the promulgation of such regulations. Requires that specified information be contained in those notices required of the suppliers to 100 or more sites and in those notices required of owners or operators which install or bring into use an underground storage tank after the enactment of this Act. Sets forth other information requirements for notices required of the suppliers to 100 or more sites, and for notices required pursuant to regulations for tanks at other sites, in the case of any such tank used for such storage prior to the enactment of this Act but taken out of operation before such enactment date (but after January 1, 1974). Provides that notice shall not be required under this title in the case of any tank for which notice was given pursuant to specified provisions of CERCLA. Requires any owner or operator which installs or brings into use an underground storage tank after the enactment of this Act to notify the designated State or local agency within a specified period. Directs the Governor of each State, within 90 days of such enactment date, to designate the appropriate State or local agencies to receive such notifications. Directs the Administrator, within 180 days of such enactment date and in consultation with designated State and local officials, to prescribe in greater detail the form and content of such notifications. Provides that, if a Governor chooses not to designate a State or local agency for such purpose, such notifications shall be submitted to the Administrator. Requires the State, if such notifications are submitted to a designated State or local agency, to compile the submitted information into a comprehensive inventory and furnish such inventory to the Administrator within 18 months of such enactment date. Sets forth provisions for release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks used for storing hazardous substances. Directs the Administrator to promulgate such regulations after opportunity for public comment and within 18 months after enactment of this title. Requires that such regulations include requirements respecting specified areas, including: (1) leak detection or inventory systems and tank testing; (2) records of such testing, inventory, or detection; (3) reporting releases and corrective actions; (4) standards of performance for new underground tanks, including specified requirements; (5) corrective actions; (6) closure to prevent future release; and (7) evidence of financial responsibility for taking corrective action and for bodily injury and property damage to third parties. Prohibits, until the effective date of such regulations and after 180 days from the enactment of this Act, any person from installing or beginning to use an underground storage tank to store hazardous substances unless such tank is cathodically protected against corrosion, constructed of a noncorrosive material, or contained in a manner designed to prevent the release into the environment of any stored hazardous substances. Sets forth provisions for the Administrator's review and approval of State programs for underground storage tank release detection, prevention, and correction. Requires the State to demonstrate that the State program is equivalent to the Federal program under this title and that it provides for adequate enforcement of compliance with program requirements. Requires that a State's new tank standards be no less stringent than the performance standards promulgated by the Administrator pursuant to this title. Provides for notice and opportunity for public comment before determinations concerning approval of State programs are made. Gives States with approved programs primary enforcement responsibility for requirements related to control of underground storage tanks used to store hazardous substances. Provides for withdrawal of approval upon the Administrator's determination, after public hearing, that a State is not administering and enforcing the program in accordance with specified requirements. Sets forth provisions relating to inspections, monitoring, and testing. Sets forth provisions for confidentiality of information, and criminal penalties for violations of such confidentiality. Requires that all information reported to, or otherwise obtained by, the EPA under this title be made available, upon written request, to any duly authorized committee of the Congress. Sets forth provisions for Federal enforcement of requirements under this title. Sets forth civil penalties for specified violations. Makes requirements under this title applicable to Federal facilities. Authorizes the President to grant exemptions from such requirements upon determination that it is in the paramount interest of the United States to do so. Requires the President to report annually to Congress on such exemptions and the reasons for granting them. Provides that nothing in this Act shall preclude or deny any State or local authority to regulate more stringently underground storage tanks used to store hazardous substances. Directs the Administrator, within 36 months after the enactment of this title, to study the following underground storage tanks exempted under the definition of "underground storage tanks": (1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; and (2) tanks used for storing heating oil for consumptive use on the premises where stored. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of the study, with recommendations as to whether or not such tanks should be subject to regulation under this title. Title V: Amendments of the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to increase the environmental tax on petroleum from 0.79 cent to 4.5 cents a barrel, effective October 1, 1985. Extends the period before such tax is terminated until September 30, 1990. Repeals specified CERCLA sunset provisions relating to expiration of the authority conferred by CERCLA to collect environmental taxes. Repeals specified provisions of the Hazardous Substance Response Revenue Act of 1980 relating to the Post-Closure Tax and Trust Fund, and the amendments made by such provisions. Repeals specified CERCLA provisions relating to the Post-Closure Liability Fund. Requires that all sums credited to the Post-Closure Liability Trust Fund established under the Hazardous Substance Response Revenue Act of 1980 which have not been obligated prior to the date of enactment of this title shall be refunded to the persons who paid taxes under specified provisions of the Internal Revenue Code. Requires that such funds be made on a ratable basis in proportion to the total amount of such taxes which were paid by each such person. Adds provisions for a waste end tax, effective January 1, 1987, to Internal Revenue Code provisions for environmental taxes. Imposes such waste end tax on the disposal of any hazardous substance, if such disposal is required to be carried out in compliance with hazardous waste management provisions of the Solid Waste Disposal Act. Sets the amount of such waste end tax in the case of: (1) any hazardous substance for which there is in effect under specified CERCLA regulations a reportable quantity of one pound or less, at $15 for each metric ton disposed of by underground injection and $30 for each metric ton not disposed of by such method; (2) all hazardous substances for which there is in effect under specified CERCLA regulations a reportable quantity of more than one pound, at $5 for each metric ton disposed of by underground injection and $10 for each metric ton not disposed of by such method. Provides that, in the cases of mixtures of hazardous substances with reportable quantities of one pound or less and those with reportable quantities more than one pound, the entire mixture shall be deemed to have a reportable quantity of one pound or less. Requires the owner or operator of the facility to pay such waste end tax with respect to the disposal of any hazardous substance at a facility for which a permit is in effect under the hazardous waste management provisions of the Solid Waste Disposal Act. Requires the person disposing of the hazardous substance to pay such waste end tax with respect to any other disposal of any hazardous substance. Provides that such waste end tax shall not apply after September 30, 1990. Sets forth exemptions from such waste end tax. Provides that such tax shall not apply to the disposal of: (1) any substance by incineration in accordance with the standards applicable to incineration facilities under hazardous waste management provisions of the Solid Waste Disposal Act; (2) any substance by any person in the course of carrying out any removal and remedial action under CERCLA; or (3) any solid waste which is required to be studied under specified provisions of the Solid Waste Disposal Act unless, after the completion of the studies, a law is enacted subjecting such waste to the waste end tax. Sets forth definitions and special rules relating to such waste end tax, including rules treating waste as disposed of not later than one year after generation and as generated not earlier than the date such waste is identified as hazardous, and a rule imposing a fraction of the tax for a fraction of a metric ton of waste. Amends the Hazardous Substance Response Revenue Act of 1980 to provide that revenues from such waste end tax shall be deposited in the Hazardous Substance Response Trust Fund. Amends Internal Revenue Code provisions relating to the environmental tax on certain chemicals (and metals). Increases the rate of such tax on most chemicals on the list (but decreases such tax rate for methane). Adds other chemicals (and metals) to such tax list. Eliminates the listings of zinc chloride and zinc sulfate, but adds zinc to the list for purposes of such tax. Revises the exemption for substances derived from coal from such tax on chemicals to provide that the following substances shall not be exempt from such tax: benzene, tolvene, xylene, naphthalene, tars, and light oils. Expands the exemption for substances used in the production of fertilizer from such tax on chemicals to include as qualified substances specified substances which are sold for resale by any purchaser for use or for resale for ultimate use in a qualified use. Makes such amendments relating to the tax on certain chemicals effective on October 1, 1985. Amends the Hazardous Substance Response Revenue Act of 1980 to revise provisions relating to the Hazardous Substance Response Trust Fund (the Fund). Authorizes appropriations to the Fund for FY 1986 through 1990. Expands the scope of authorized expenditures from the Trust Fund by authorizing expenditures for other costs described under specified CERCLA provisions. Increases from 85 percent to 94 percent the Fund amounts reserved for expenditures for specified purposes. Revises provisions relating to the Fund's authority to borrow repayable advances. Extends through March 31, 1988, the period during which advances may be made for payment of response costs. Extends through September 30, 1990: (1) the period during which other advances may be made to the Fund; and (2) the deadline for final repayment of all advances to the Trust Fund.
![Official portrait of Rep. Barnes, Michael D. [D-MD-8]](https://www.congress.gov/img/member/b000160_200.jpg)