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![Official portrait of Rep. Bonker, Don [D-WA-3]](https://www.congress.gov/img/member/b000620_200.jpg)
United States · Official source
1,402 records where Rep. Bonker, Don [D-WA-3] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 28 February 1984
Amends the Export Administration Act of 1979 to extend the authorities under such Act until March 30, 1984.
United States · United States Congress · 22 February 1984
Amends the Bankruptcy Code to permit a trustee to reject or assume a collective bargaining agreement made under the authority of title II of the Railway Labor Act or the National Labor Relations Act only if and after the court approves such rejection or assumption. Requires notice to all parties and a hearing before the court may approve such a rejection. Prohibits the court from approving the rejection of a collective bargaining agreement if, absent the rejection: (1) the jobs covered by such agreement will be lost; and (2) any financial reorganization of the debtor will fail. Declares that a rejection of a collective bargaining agreement constitutes a breach at the time of such rejection. Declares that no provision of this Act shall be construed to permit the trustee unilaterally to terminate or alter any of the terms and conditions of such a collective bargaining agreement.
United States · United States Congress · 21 February 1984
Atlantic Striped Bass Restoration Act of 1984 - Imposes a three-year moratorium on fishing for Atlantic striped bass in order to allow restoration of such species. Authorizes the Administrator of the National Oceanic and Atmospheric Administration to terminate or extend (for up to 24 months) the moratorium under specified circumstances. Sets forth procedures for consultation, public notice, and opportunity for public comment prior to final determinations of moratorium termination or extension. Exempts such determinations from judicial review. Sets forth civil and criminal penalties for noncompliances with the provision under this Act. Declares that any vessel connected with a violation shall be subject to forfeiture to the United States. Grants jurisdiction to the United States district courts over civil forfeitures. Directs the Administrator to enforce this Act as well as monitor the Atlantic striped bass fisheries in certain waters. Authorizes appropriations.
United States · United States Congress · 9 February 1984
Requires that such amounts as may be necessary of the Polish currencies held by the United States shall be available for construction of a new facility at the American Children's Hospital in Krakow, Poland, which would be known as the Clement J. Zablocki Outpatient Facility. Authorizes appropriations for: (1) equipping and furnishing such Facility; (2) improving medical equipment at the American Children's Hospital in Krakow; and (3) providing medical supplies to Poland through private and voluntary agencies.
United States · United States Congress · 9 February 1984
Comprehensive Hazardous Substances Cleanup and Emergency Relief Act of 1984 - Sets forth the finding that in order to adequately protect human health and the environment from hazardous waste it is necessary to: (1) establish a program for the cleanup of hazardous waste sites; (2) establish standards for the cleanup of such sites which will insure the same degree of protection for human health and the environment as are applicable in the case of facilities regulated under hazardous waste management provisions of the Solid Waste Disposal Act and other applicable Federal and State law; (3) establish enforcement standards which require parties responsible for the release or threatened release of hazardous substances, pollutants, or contaminants to assume financial responsibility for injuries of those exposed and for either conducting cleanup or reimbursing government costs of cleanup; (4) establish a full and cooperative Federal-State partnership in the cleanup program; and (5) afford citizens emergency assistance, reimbursement of medical and reimbursement expenses, and an opportunity to participate in the cleanup process. Title I: Cleanup of Hazardous Substances, Pollutants, and Contaminants - Amends the Solid Waste Disposal Act ("the Act") (also known as the Resource Conservation and Recovery Act of 1976) to add provisions for cleanup of, and liability for, certain hazardous substances, pollutants and contaminants. Defines "hazardous substance" as: (1) any substance designated under specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated under specified provisions for additional designations under this Act; (3) any hazardous waste having the characteristics identified or listed under specified hazardous waste management provisions of the Act (but not including any other waste the regulation of which under specified hazardous waste management provisions has been suspended by Act of Congress); (4) any toxic pollutant listed under the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under the Clean Air Act; and (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator of the Environmental Protection Agency (EPA) ("the Administrator") has taken action under the Toxic Substances Control Act. Provides for designation of additional hazardous substances and reportable quantities under this Act. Directs the Administrator to promulgate and revise: (1) regulations designating as hazardous substances, in addition to those referred to in the definition under this Act, such elements, compounds, mixtures, solutions, and substances which, when released into the environment, may present substantial danger to the public health or welfare or the environment; and (2) regulations establishing that quantity of any hazardous substance the release of which shall be reported under this Act. Allows the Administrator to determine that one single quantity shall be the reportable quantity for any hazardous substance, regardless of the medium into which it is released. Provides that, unless and until superceded by such regulations, the substances designated as additional hazardous substances and the reportable quantities of such substances established under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (Superfund) (CERCLA) shall be deemed designated and established under this Act. Sets forth a notice requirement relating to releases of hazardous substances from any facility. Defines "facility" as: (1) any building, structure, installation, equipment, pipe or pipeline well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (2) any site or area where a hazardous substance, or pollutant or contaminant, has been deposited, stored, dispensed of, or placed, or otherwise located (but does not include any consumer product in consumer use or any vessel). Requires any person in charge of a facility, as soon as such person has knowledge of any release (other than a federally permitted release) of a hazardous substance from such facility in quantities equal to or greater than those determined as reportable under this Act to immediately notify the National Response Center. Directs the Center to convey the notification expeditiously to all appropriate Government agencies, including the Governor of any affected State. Provides that such notification, or information obtained by exploitation of it, shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement. Provides that such notice requirement shall not apply to the normal application of a pesticide product under the Federal Insecticide, Fungicide, and Rodenticide Act or to the handling and storage of such a pesticide product by an agricultural producer. Exempts from such notice requirement any hazardous substance release which: (1) is required to be reported (or specifically exempted from a reporting requirement) under specified hazardous waste management provisions and regulations under the Act and has been reported to the Center; or (2) is a continuous release, stable in quantity and rate, and either is from a facility for which notification has been given under specified provisions of CERCLA or is a release for which notification has been given under the notice requirement of this Act for a period sufficient to establish the continuity, quantity, and regularity of the release. Requires, in the case of such exemptions, that notification be given for releases annually or at such time as there is any statistically significant increase in the quantity of any hazardous substance or constituent thereof released, above that previously reported or occurring. Sets forth response authorities. Authorizes the Administrator, whenever there is a release or substantial threat of release into the environment of any hazardous substance or of any pollutant or contaminant which may present an imminent or substantial danger to human health or the environment, to: (1) remove or arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource); or (2) take any other response measure necessary to protect human health and the environment. Requires that removal actions be consistent with the National Contingency Plan and long-term remedial actions. Allows the Administrator to authorize facility owners or operators or other responsible parties to undertake such response actions. Provides, for purposes of such response authorities, that the term "pollutant or contaminant" shall include, but not be limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavorial abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring. Sets forth investigation and planning authorities. Authorizes the Administrator to undertake investigations, monitoring, surveys testing, and other information gathering to identify the existence or extent of a release or threat thereof, the source and nature of the hazardous substances, pollutants, or contaminants involved and the extent of danger to human health and the environment, whenever the Administrator: (1) is authorized to act under response authorities for imminent and substantial danger; or (2) has reason to believe that a release has occurred or is about to occur, or that illness, disease, or complaints thereof may be attributable to exposure to a hazardous substance, pollutant, or contaminant and that a release may have occurred or be occurring. Authorizes the Administrator, in addition, to undertake planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations to plan and direct response actions, recover costs, and enforce cleanup, liability, and funding provisions of this Act. Directs the Administrator, in such information gathering or planning, to assess the risk to human health associated with the release or threatened release. Provides for a six-months limitation on response action. Discontinues obligations, other than those authorized for investigation and planning, from the Hazardous Substances Trust Fund ("the Fund") established under this Act after $1,000,000 has been obligated for response actions or six months after the initial response to a release or threatened release of hazardous substances, unless the Administrator: (1) finds that continued response actions are immediately required to prevent, limit, or mitigate an emergency, there is an immediate risk to human health or the environment, and such assistance will not otherwise be provided on a timely basis; or (2) has determined the appropriate remedial actions and the States in which the source of release is located have complied with provisions for State payment of certain costs. Sets forth provisions for State payment of certain costs. Prohibits the Administrator from providing any remedial actions under response provisions of this Act unless the State in which the release or threatened release occurs first provides certain assurances. Requires the State to assure the availability of a hazardous waste disposal facility for any necessary offsite storage, destruction, treatment, or secure disposition of hazardous substances, pollutants, or contaminants. Requires the State to pay or assure payment of: (1) ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action; or (2) at least 50 percent (or such greater amount as the Administrator may determine appropriate, taking into account the degree of responsibility of the State or local government) of costs of remedial action and future operation and maintenance of onsite remedial action at facilities owned or operated by the State or local government at the time of any disposal of hazardous substances, pollutants, or contaminants therein. Directs the Administrator to grant the State a credit for amounts expended or obligated by the State or local government after January 1, 1978, and before December 11, 1980, for any response action costs which are covered by provisions for the Fund and which were incurred at a release listed under National Contingency Plan provisions. Provides for reimbursement to the State of any amount paid by the State, pursuant to a specified contract or agreement at any time after December 11, 1980, in excess of ten percent of remedial action costs at a facility owned, but not operated, by the State or local government. Requires that any amount expended by a State for administrative expenses in carrying out cleanup, liability, and funding provisions of this Act be credited against the required ten percent share. Sets forth provisions for selection of remedial action. Directs the Administrator to select appropriate cost-effective remedial actions in accordance with the National Contingency Plan and with a required protection level. Directs the Administrator to consider permanent solutions and alternative treatment technologies in evaluating the cost-effectiveness. Directs the Administrator to: (1) consult with the affected States before determining the appropriate remedial action; and (2) approve a more protective action if the State or local government assures payment of 90 percent of that portion in excess of the costs of the action chosen by the Administrator. Provides that the selected remedial action shall require a level or standard of control: (1) necessary to protect human health and the environment; (2) as stringent as the most stringent applicable Federal law; and (3) as stringent as the most stringent applicable State law. Authorizes the Administrator to waive the requirements of a protection level as stringent as the most stringent Federal and State laws and to select an alternative remedial action upon a finding that: (1) such an alternative remedial action will provide substantially equivalent protection; or (2) compliance with the requirements of a level of protection necessary to protect human life and the environment at a site or facility will consume such a disproportionate share of Fund resources as to defer or prevent remedial action at other sites or facilities which pose a significantly greater threat. Prohibits permit requirements for any removal or remedial action undertaken pursuant to this 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. Authorizes the Administrator to enter into contracts or cooperative agreements with State and local governments to take remedial actions and to be reimbursed for reasonable response costs from the Fund. Provides for enforcement of such contracts and agreements, and of cost-sharing agreements, in Federal district courts. Authorizes the Administrator to provide technical and legal assistance to State or local governments in administering and enforcing contracts and subcontracts in connection with response actions and to intervene in civil actions involving such enforcement. Authorizes the Administrator to treat two or more noncontiguous facilities as one if they are reasonably related on the basis of geography or of threat or potential threat to human health or the environment. Sets forth information gathering and access authorities for purposes of assisting in determining the need for response to a release or enforcing cleanup, liability, and funding provisions of this Act. Requires that access to records and information, including samples of hazardous substances or pollutants or contaminants or substances which may have been hazardous, and samples of containers and labels, be provided to authorized Federal and State officers by any person: (1) who generates, stores, treats, recycles or disposes of such substances; or (2) who generates, stores, transports, or otherwise handles or has handled such substances (where necessary to ascertain facts not available at the facility where such substances are located). Provides for access to the site or facility at which any hazardous substance or pollutant, or contaminant is located, whenever necessary to carry out cleanup, liability, and funding provisions of this Act. Provides for public availability of records, reports, or information obtained, with specified exceptions for data entitled to confidentiality. Requires that all information reported or obtained be made available to any duly authorized congressional committee. Directs the Administrator or the State to require compliance with Federal health and safety standards established in the National Contingency Plan in awarding contracts for response actions. Requires that the prevailing wage rates of the Davis-Bacon Act be paid to all laborers and mechanics for construction, repair, or alteration work funded in whole or part under response action provisions of this Act. Authorizes the President to authorize the use of emergency procurement powers necessary to effect the purpose of the Act. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR), in cooperation with other Federal officials and States, to implement the health related authorities of the Act. Directs the ATSDR Administrator to establish and maintain: (1) national registries of serious diseases and of persons exposed to toxic substances; (2) inventories of research on the health effects of toxic substances; and (3) a complete listing of areas closed to the public or otherwise restricted in use because of toxic substance contamination. Directs the ATSDR Administrator to: (1) provide medical care and testing, or other appropriate assistance to exposed individuals in public health emergencies; and (2) conduct periodic survey and screening programs to determine relationships between exposure to toxic substances and illness. Directs the ATSDR Administrator to prepare toxicological profiles sufficient to establish the likely effect on human health of the 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). Sets forth provisions for public participation in remedial action planning. Sets forth remedial action schedules. Directs the Administrator to complete remedial investigations and feasibility studies for all releases and threatened releases at sites listed or proposed to be listed on the National Priority List prepared under the National Contingency Plan: (1) within 18 months after the enactment of this Act, at sites listed or proposed to be listed as of such enactment date; and (2) within 12 months after the date of listing, at sites listed or proposed to be listed after such enactment date. Directs the Administrator or the State to complete, within five years after such enactment date, remedial actions for all releases or threatened releases at sites listed or proposed to be listed as of such enactment date. Directs the Administrator to complete by January 1, 1987, a preliminary assessment of all sites listed, as of such enactment date, on the Emergency and Remedial Response Information System. Requires that the National Contingency Plan be revised within 12 months after the enactment of this Act to reflect and effectuate the powers and responsibilities created by this Act, in addition to those matters specified in CERCLA and other applicable law. Requires that the portion of such plan known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for response actions consistent with protection level requirements under this Act. Requires that, on or before January 1, 1988, at least 1,000 of the highest priority facilities be designated individually on the National Priorities List as "top priority among known response targets." Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall take into account (in addition to factors required under CERCLA): (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 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 CERCLA to determine the national priority of such release or threatened release. Sets forth provisions for abatement actions. Directs the Administrator, upon determining that there may be imminent and substantial danger to human health or the environment because of an actual or threatened release of a hazardous substance or any pollutant or contaminant from a facility, to request the Attorney General, in addition to any other State or local action, to secure relief necessary to abate such danger or threat. Gives the U.S. district court in the district in which the threat occurs jurisdiction to grant such relief as the public interest and the equities of the case may require. Authorizes the Administrator, after notice to the affected State, to take other abatement action including issuing orders necessary to protect human health and the environment. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish guidelines published under CERCLA for using the imminent hazard, enforcement, and emergency response authorities of this Act and other existing statutes administered by the Administrator to effectuate the responsibilities and powers created by this Act. Requires that such guidelines: (1) be consistent with the National Contingency Plan; and (2) include the assignment of responsibility for coordinating response actions with the issuance of administrative orders, enforcement of standards and permits, information gathering, and other imminent hazard and emergency powers authorized by other provisions of law. Authorizes the Administrator to establish administrative procedures regarding the opportunity for a person to object to an abatement order under this Act. 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. Sets forth provisions for liability for releases or threatened releases of hazardous substances, pollutants, or contaminants which cause incurrence of response costs. Makes strictly liable for specified costs and damages: (1) owners or operators of facilities at which hazardous substances, pollutants, or contaminants were stored, treated, disposed of, or recycled; (2) persons who owned or operated such facilities at the time of such storage, treatment, disposal, or recycling; (3) persons who owned or possessed such substances and who arranged for such storage, treatment, disposal, or recycling by, or for transport for such purposes, by any other party or entity; and (4) persons who accept or accepted any such substances for transport to storage, disposal, treatment, or recycling facilities or sites selected by such persons. Provides that such costs and damages shall be: (1) all Federal and State costs of removal or remedial action and investigation and planning; (2) any other necessary response costs incurred by any other person consistent with the National Contingency Plan; (3) damages for injury to, destruction of, or loss of natural resources, including assessment costs; and (4) costs of specified emergency relief actions and health effects studies. Provides that such liability shall be: (1) joint and several; and (2) according to the standard which obtains under specified provisions of CERCLA and the Federal Water Pollution Control Act. Provides for recovery of interest on amounts recoverable as costs and damages. Sets forth defenses to such strict liability. Sets forth a limitation on the amount of such liability (the total of all response costs plus $50,000,000 for any damages) but makes the responsible person liable for full and total costs of response and damages in cases involving willful misconduct, willful negligence, or violations of Federal standards (within the privity or knowledge or such person), or failure or refusal to cooperate with requests in connection with response activities with respect to regulated carriers. Provides for punitive damages in an amount three times the amount of any costs incurred by the Fund as a result of a responsible person's failure without sufficient cause to properly provide removal or remedial action upon order of the Administrator. Provides that no person shall be liable under this Act for costs and damages incurred as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of an on scene coordinator, except in cases of gross negligence or intentional misconduct. Sets forth provisions relating to indemnification agreements. Sets forth provisions relating to liability for damages to natural resources. Makes all requirements, including liability, of this Act applicable to all Federal agencies. Prohibits recovery under such liability provisions of this Act for response costs or damages resulting from the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act. Provides that recovery for response costs or damages resulting from a federally permitted release shall be pursuant to existing law in lieu of such liability provisions of this Act. Provides that, for purposes of abatement actions, the presumption that EPA (or State) laboratory tests are accurate may be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Sets forth provisions for financial responsibility. Directs the Administrator to promulgate requirements (for facilities in addition to those under hazardous waste management provisions of the Act) that classes of facilities establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances. Requires that priority in the development of such requirements be accorded to those classes of facilities, owners, and operators which the Administrator determines present the highest level of risk of injury. Directs the Administrator to publish notice of the identification of those classes for which requirements will be first developed. Requires that the level of financial responsibility be established and adjusted to protect against the level of risk which the Administrator believes is appropriate based on the payment experience of the Fund, commercial insurers, court settlements and judgments, and voluntary claims satisfaction. Directs the Administrator to cooperate with and seek the advice of the commercial insurance industry in developing such financial responsibility requirements. Requires that such financial responsibility requirements be incrementally imposed over a period of between three to six years after promulgation. Provides that, where possible, the financial responsibility level appropriate as a final requirement be achieved through incremental, annual increases in the requirements. Sets forth provisions for consolidated forms of evidence of financial responsibility under specified circumstances. Provides that the requirements for evidence of financial responsibility for motor carriers covered by this Act shall be determined under specified provisions of the Motor Carrier Act of 1980. Sets forth provisions relating to claims against guarantors and the limitation of guarantor liability. Sets forth provisions for penalties for specified violations under this Act. Sets forth provisions relating to employee protection. Prohibits firing or discriminating against any employee or authorized employee representative because he or she has provided information to a State or the Federal Government, or has caused the filing or institution of, or testified, or is about to testify in, any proceeding resulting from the administration or enforcement of this Act. Sets forth procedures for review by the Secretary of Labor of employee allegations of such a firing or discrmination, and for judicial review of the Secretary's orders. Provides for abatement orders, including rehiring or reinstatement with compensation and reimbursement of legal costs and expenses to the employee by the violator. Makes such employee protection provisions inapplicable to any employee who, acting without discretion from the employer (or the employer's agent), deliberately violates any requirement of this Act. Directs the President to conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of this Act, including, where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement. Permits employees and their representatives to request investigations. Provides for a public hearing at the request of any party. Directs the President to make investigation reports, findings of fact, and recommendations available to the public. Sets forth provisions for citizen petitions for emergency relief and health effects studies. Directs the Administrator, upon receiving a petition providing reason to believe that the petitioners were exposed to any hazardous substance in a manner which may present a significant risk to human health, to: (1) immediately terminate such risk by provision of alternative drinking supplies, decontamination of soil, or relocation of residents; and (2) perform a health effects study to ascertain the nature, magnitude, scope, and duration of the exposure, including a determination of the source of any groundwater contamination and a toxicological evaluation of the substances involved. Directs the Administrator to also perform a health effects study upon receiving a petition providing reason to believe that one or more persons have been exposed to any hazardous substance and such exposure has abated but previously presented a significant risk to human health. Requires that each health effects study be completed within six months after the date on which the petition is filed, and that the results of such study be made public within ten days after completion. Provides for judicial review of the Administrator's denial of such petitions in the U.S. district court for the district in which the exposure occurred. Sets forth claims procedures. Requires that all claims which may be asserted against the Fund be presented first to the owner, operator, or guarantor of the facility from which a hazardous substance has been released, if known to the claimant, and to any other person known to the claimant who may be liable under this Act. Allows the claimant, in any case where the claim has not been satisfied within 60 days of such presentation, to elect to: (1) commence an action in court against such owner, operator, guarantor, or other person; or (2) present the claim to the Fund for payment. Directs the Administrator to prescribe appropriate forms and procedures for claims filed against the Fund. Directs the Administrator, upon receipt of any claim, to: (1) inform any known affected parties of the claim; and (2) attempt to promote and arrange a settlement between the claimant and any person who may be liable. Provides that, if the claimant and alleged liable party agree upon a settlement, it shall be final and binding upon the parties thereto, who will be deemed to have waived all recourse against the Fund. Provides that where a responsible party is unknown or cannot be determined, the claimant and the Administrator shall attempt to arrange settlement of any claim against the Fund. Authorizes the Administrator to award and make payment of such settlement, subject to proof and procedures promulgated by regulation. Directs the Administrator (except in extraordinary circumstances where inadequate services of private organizations or State agencies make the use of Federal personnel necessary) to use the facilities and services of private insurance and claims adjusting organizations or State agencies in implementing such claims settlement requirements. Sets forth provisions relating to contracts for such facilities and services. Authorizes the Administrator, if no settlement is reached within 45 days after filing of a claim and if the information developed during the claim processing warrants it, to make and pay an award of the claim. Provides for the appeal of such an award in the U.S. district court for the district in which the arbitral hearing took place. Requires that, if the Administrator declines to make an award, the claim be submitted to a member of the Board of Arbitrators established under CERCLA. Sets forth subrogation provisions. Sets forth statute of limitations provisions. Prohibits, with specified exceptions, the presentation of a claim or the commencement of an action for damages under this Act unless that claim is presented or action commenced within three years from the date of the discovery of the loss, whichever is later. Provides that such time limitations shall not begin to run against minors or incompetent persons until a legal representative is duly appointed for them or until the minor reaches 18 years of age or the incompetency ends. Prohibits presentation of claims or commencement of actions for recovery of specified response costs until the date six years after the completion of the response action. Provides that no person who asserts a claim against the Fund pursuant to this Act shall be deemed or held to: (1) have waived any other claim not covered or assertable against the Fund under this Act arising from the same incident, transaction, or set of circumstances; (2) have split a cause of action; or (3) as a result of any determination of a question of fact or law in connection with such claim, be collaterally estopped from raising such question in connection with any other claim not covered or assertable against the Fund. Provides that judicial review of any regulation promulgated under this Act may be had upon application, within 90 days from the date of promulgation, by any interested person only in the Circuit Court of Appeals of the United States for the District of Columbia. Grants the U.S. district courts exclusive original jurisdiction over all other controversies arising under this Act. Sets forth provisions for venue in such cases. Provides that no provision of this Act shall be deemed or held to meet any prior litigation concerning any release of any hazardous substance or pollutant or contaminant or any associated damages. Sets forth provisions concerning the relationship of this Act to other law. Provides that nothing in this Act shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to the release of hazardous substances or pollutants or contaminants within such State. Bars any person from receiving double compensation for the same removal costs or damages or claims pursuant to this Act and any other Federal or State 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 this Act. Prohibits State or local governments from requiring any other evidence of financial responsibility in connection with liability for the release of a hazardous substance from a facility, if the owner or operator establishes and maintains evidence of financial responsibility in accordance with this Act. Authorizes the President and the Administrator to delegate any powers or duties and to promulgate regulations to carry out cleanup, liability, and funding provisions of this Act. Adds provisions for medical and relocation expenses and other recovery to the Act. Sets forth definitions applicable to such provisions. Title II: Establishment and Uses of Hazardous Substance Trust Fund - Amends the Solid Waste Disposal Act ("the Act") to establish the Hazardous Substance Trust Fund ("the Fund") in the Treasury. Transfers to the Fund amounts determined by the Secretary of the Treasury ("the Secretary") to be equivalent to: (1) the fees imposed under title III of this Act; (2) amounts recovered on behalf of the Fund under specified provisions of this Act; (3) civil penalties assessed under specified provisions of this Act; and (4) punitive damages under specified provisions of this Act. Authorizes appropriations in a specified amount for the Fund for FY 1986 through 1988. Authorizes appropriations for each fiscal year thereafter in an amount equal to not more than 12.5 percent of the amount deposited in the Fund during the second preceding fiscal year which is derived from the fees imposed under title III of this Act. Limits the liability of the U.S. Government to the amount in the Fund. Sets forth provisions for the Secretary's administration of the Fund, relating to method of transfer, management (including an annual report to Congress and investment requirements), and authority to borrow (including limitations on advances and repayment requirements). Sets forth the uses of the Fund. Directs the Administrator to use the money in the Fund for payment of: (1) governmental response costs incurred pursuant to response provisions of this Act; (2) any claim for necessary response costs incurred by any other person as a result of carrying out the revised National Contingency Plan, if such costs are approved in advance of expenditure under that plan and certified by the responsible Federal official; (3) any claim authorized by provisions relating to natural resources damages and finally decided under settlement provisions, including interest, administrative and adjudicative costs, and attorney's fees; (4) medical and relocation expenses; and (5) other specified costs. Directs the Administrator to cooperate with State and local governments in their undertaking of response actions under this Act. Requires that any administrative costs or expenses paid out of the Fund be reasonably necessary and incidental to the implementation of this Act. Sets forth provisions relating to claims for damages to natural resources. Allows claims resulting from a release or threat of release of a hazardous substance from a facility to be asserted against the Fund for injury to, or destruction or loss of, natural resources. Provides that such claims may be asserted only by: (1) the President, as trustee, for natural resources over which the United States has sovereign rights or within U.S. territory to the extent they are managed and protected by the United States; or (2) any State for natural resources within its boundaries belonging to, managed by, controlled by, or appertaining to such State. Provides that the Fund may be used for other specified "included costs" of: (1) natural resources damages assessment; (2) Federal or State efforts to restore, rehabilitate, replace, or acquire the equivalent of the natural resources damaged; (3) a program to identify, investigate, and take enforcement and abatement action against releases of hazardous substances (subject to amounts provided in appropriation Acts); (4) epidemiologic studies, a registry of and long-term health effect studies on persons exposed to hazardous substances, and otherwise unavailable diagnostic services to determine whether persons in populations exposed to hazardous substances in connection with a release or suspected release are suffering from long- latency diseases; (5) providing supplementary equipment and similar overhead and damage assessment capability for any Federal agency involved in strike forces, emergency task forces, or other response teams under the National Contingency Plan (subject to amounts provided in appropriations Acts); (6) a program to protect the health and safety of employees involved in response to hazardous substances releases (subject to amounts provided in appropriations Acts); (7) preparation of toxic profiles by the Agency for Toxic Substances and Disease Registry; (8) evaluation of sites by the Administrator pursuant to citizen petitions; and (9) emergency relief and health effects studies carried out by the Administrator. Provides that the health and safety program for employees involved in response actions shall: (1) be developed jointly by the EPA, the Occupational Safety and Health Administration, and the National Institute for Occupational Safety and Health; and (2) include measures for identifying and assessing hazards to which persons engaged in the removal or remedy of, or other response to hazardous substances may be exposed, methods to protect workers from such hazards, and necessary regulatory and enforcement measures to assure adequate protection of such employees. Prohibits the use of money in the Fund for: (1) assessment or restoration costs or claim payments where the damage to natural resources and the release occurred wholly before the enactment of this Act; or (2) claim payments for natural resources damages where such expenses are associated with injury or loss resulting from long-term exposure to ambient concentrations of air pollutants from multiple or diffuse sources. Provides that claims against or presented to the Fund shall: (1) not be valid or paid in excess of the total money in the fund at any one time; and (2) become valid only when additional money is collected, appropriated, or otherwise added to the Fund. Directs the Administrator, should the total claims outstanding at any time exceed the current balance of the Fund, to pay such claims, to the extent authorized, in full in the order in which they were finally determined. Limits the portion of money credited to the Fund that shall be available in any fiscal year: (1) to six percent for payment of any claims and related costs for natural resources damages; and (2) to 12 percent for payment of medical and relocation expenses. Provides that no money in the Fund shall be available for remedial actions, other than actions specified under provisions for "included costs" under uses of the Fund, with respect to federally owned facilities. Provides that the following uses of the Fund shall, in the aggregate, be subject to such amounts as are provided in appropriation Acts: (1) payment of governmental response costs; and (2) payment of the specified "included costs." Authorizes the Administrator to delegate authority to obligate money in the Fund or to settle claims to officials of a State operating under a specified contract or cooperative agreement. Directs the Administrator to promulgate appropriate regulations for the notice to be provided to potential injured parties by an owner or operator of any facility from which a hazardous substance has been released. Requires such owners and operators to: (1) provide notice in accordance with such regulations; and (2) until such regulations are promulgated, provide reasonable notice to potential injured parties by publication in local newspapers serving the affected area. Requires that natural resources damages be assessed for purposes of this Act by Federal officials designated by the President under the National Contingency Plan and acting for the President as trustee. Provides that any such determination or assessment of natural resources damages shall have the force and effect of a rebuttable presumption on behalf of any claimant in any judicial or adjudicatory administrative proceeding under this Act. Requires that a plan for the use of funds under this Act for natural resources restoration be developed and adopted by affected Federal agencies and Governors of States sustaining damages to natural resources belonging to, managed by, or appertaining to such States, after adequate public notice and opportunity for a hearing and consideration of all public comment. Requires that such plan be developed and adopted before such funds may be used for such purposes, except in a situation requiring action to avoid an irreversible loss of natural resources or to prevent or reduce any continuing danger to natural resources or to meet a similar need for emergency action. Sets forth provisions for audits by the Inspector General of the EPA. Sets forth provisions relating to foreign claimants. Prohibits any potentially liable claimant from seeking judicial review of any determination to incur any government response costs under response provisions of this Act or to utilize the Fund for payment of any such costs, except in an action to recover such costs under liability provisions of this Act. Directs the President, acting through Federal officials designated by the revised National Contingency Plan, to promulgate regulations for assessment of natural resources damages within six months after enactment of this Act. Sets forth required contents of such regulations. Requires review, and appropriate revision, of such regulations every two years. Provides that, effective on the date of enactment of this Act, specified CERCLA provisions shall be superseded by this Act. Adds provisions regarding medical and relocation expenses to the Solid Waste Disposal Act ("the Act"). Allows individuals who allege that they sustained injury for which relief is payable under this Act to file an application for such relief with the Administrator. Directs the Administrator, within 45 days after the enactment of this Act, to issue a rule or order for the manner of filing such applications. Directs the Administrator to pay relief under this Act if individuals establish by a preponderance of the evidence that they have suffered physical injuries or illnesses caused by exposure to a hazardous substance: (1) from a facility or site at or from which such substance was stored, treated, recycled, disposed of, or migrated; or (2) during transportation to such a facility or site. Directs the Administrator to pay relief under this Act to dependents of any deceased individual who establish to the satisfaction of the Administrator that the death was caused by any such exposure. Provides that such relief to any individual who has suffered such physical injury or illness shall consist of: (1) payment or reimbursement for all medical costs incurred in connection with the physical injury, illness, or death; (2) a monthly payment (not to exceed $2,000 per month) in an amount equal to the injured, ill, or deceased individual's monthly earnings which are lost by reason of such injury, illness, or death during the five-year period following such injury, illness, or death; and (3) reimbursement for expenses incurred in obtaining alternative water supplies or relocating a residence where the individual's exposure (or potential exposure) to hazardous substances caused or significantly contributed to such expenses. Provides that relief to dependents of any such individual shall be equal to all such medical costs incurred, plus the reasonable expenses of burial. Directs the Administrator to promulgate rules for equitable allocation of such relief where there are two or more dependents. Directs the Administrator to compute the amount of relief and determine the method, terms, and time of payment. Requires that payments made pursuant to such provisions for medical and relocation expenses be charged against the Fund. Provides that such claims against the Fund which are in excess of the total money in the Fund shall become valid and be paid in the same manner as provided for other claims against the Fund. Limits to 12 percent that portion of the Fund which may be used for purposes of such payments for medical and relocation expenses. Sets forth the procedure for determination of such claims for medical and relocation expenses. Directs the Administrator, except as otherwise provided, to use the procedures used by the Secretary of Health and Human Services (HHS) in determining entitlement to disability insurance benefit payments under the Social Security Act. Directs the Administrator and the Secretary of HHS to arrange to use Social Security Administration personnel and offices for administration and determination of claims filed for medical and relocation expenses under this Act. Authorizes the Administrator to delegate to the Secretary of HHS, or to any HHS employee, any function vested in the Administrator under provisions for medical and relocation expenses under this Act. Provides that the injury, illness, or death shall be presumed to have been caused by the exposure if the applicant provides information sufficient to enable the Administrator to find that: (1) the individual suffered any physical injury, illness, or death; (2) the individual was exposed in any manner to a hazardous substance from a facility or site at or from which such substance was treated, recycled, stored, disposed, or migrated, or during transportation to such site;(3) exposure in such manner to such hazardous substance has a reasonable likelihood of causing or significantly contributing to death or to a personal injury or illness of the type suffered by the individual. Provides that such presumption shall be overcome if the Administrator determines, on the basis of any available information, that it is reasonably certain that such exposure did not cause, or significantly contribute to, the individual's injury, illness, or death. Provides that any information which tends to establish that exposure to the hazardous substance in question causes or contributes to death or to personal injury or illness of the type or class allegedly suffered by an individual, shall be considered relevant to the issues of causation for purposes of determination of such claims for medical and relocation expenses under this Act. Includes among such relevant information: (1) an increase in the incident of injury, illness, or death in the exposed population above that which is otherwise probable; (2) epidemiological studies (without regard to the size of the sample); (3) animal studies; (4) tissue culture studies; (5) micro-organism culture studies; (6) laboratory and toxilogic studies; (7) immunological studies; (8) toxicology profiles prepared under this Act; and (9) health effects studies prepared under this Act. Directs the Administrator to require medical tests or examinations of the applicant to confirm the diagnosis or determination of physical injury or illness. Authorizes the Administrator to investigate and gather other appropriate information in making such claim determinations. Directs the Administrator, upon request by the claimant, to conduct a hearing with respect to any claim which has been denied, in whole or in part. Requires that the involved owner, operator, or transporter be given notice of any proceeding under provisions for claims for medical or relocation expenses, but declares that such persons have no right to participate in such proceedings. Provides for the award of legal costs for such hearings to claimants who prevail. Sets forth subrogation provisions. Provides for deposit in the Fund of any amount so recovered. Sets forth provisions for the judicial review of such claim determinations in U.S. district courts. Provides that a determination of the Administrator shall constitute a final administrative determination for the purpose of such judicial review. Sets forth provisions for additional recovery. Provides that individuals who have recovered any amount under such provisions for medical or relocation expenses shall not be prohibited from recovering an additional amount under this Act at a subsequent time if such individuals establish that an additional physical injury or illness: (1) was caused by such exposure; and (2) was not known to the individual at the time of the prior application. Title III: Funding - Part 1: Fee on Petroleum - Imposes a fee of four and one-half cents a barrel on: (1) crude oil received at a U.S. refinery (to be paid by the operator of the U.S. refinery); and (2) petroleum products entering the United States for consumption, use, or warehousing (to be paid by the person entering the product for such purposes). Imposes such fee (to be paid by the user or exporter) on any domestic crude oil if: (1) it is used in or exported from the United States; and (2) such fee was not imposed before such use or exemption. Provides that such fee shall not apply to any use of domestic crude oil for extracting oil or natural gas on the premises where such crude oil was produced. Sets forth definitions and special rules. Provides that only one fee may be imposed under this part with respect to any petroleum product. Makes such fee effective on October 1, 1985. Part 2: Fee on Certain Chemicals and Metals - Imposes a fee on any assessed chemicals sold (or used) by the manufacturer, producer, or importer thereof. Sets forth a table of assessed chemicals, with a specified fee per ton for each. Sets forth definitions, exceptions, and other special rules. Provides for a refund or credit for certain uses. Makes such fee effective on October 1,1985. Part 3: Waste End Fee - Imposes a fee on the disposal of hazardous substances. Provides that such fee shall apply only to a disposal which is: (1) required to be carried out in compliance with hazardous waste management provisions of the Act; and (2) not specifically exempt under this part. Exempts from such fee the disposal of any substance: (1) by incineration in accordance with the standards applicable to incineration facilities permitted under hazardous waste management provisions of the Act; or (2) by any person in the course of carrying out any removal or remedial actions under this Act. Sets the amount of such fee in the case of: (1) any hazardous substance for which there is in effect under this Act 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; and (2) all hazardous substances for which there is in effect under this Act 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. Provides for imposing a fraction of the fee in the case of a fraction of a metric ton. Requires the owner or operator of the facility to pay such fee 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 Act. Requires the person disposing of the hazardous substance to pay such fee with respect to any other disposal of any hazardous substance. Requires, in the case of a fee imposed with respect to the long-term storage of any hazardous substance, that such fee be paid by the owner or operator of the site or facility at which the substance is located on the date one year after the date of generation of such substance. Sets forth provisions concerning the time of fee payment and regulations to carry out this part. Provides that the fee imposed under this part shall apply only with respect to the disposal of hazardous substances after January 1, 1987, and that no period of storage before such date shall be taken into account for purposes of imposition of such fee with respect to long-term storage of hazardous wastes. Provides that, after such date, the fee with respect to long-term storage of a hazardous waste shall: (1) cease to apply on the effective date of a removal of such waste from the list under hazardous waste management provisions of the Act; or (2) take effect after the effective date of a listing or identification of such waste under such provisions. Part 4: Administration and Enforcement; Suspension - Directs the Administrator to promulgate regulations for the collection of fees under this title, including reporting and information-gathering regulations. Authorizes the Administrator to use authorities relating to the inspection of records and access under hazardous waste management provisions of the Act for purposes of carrying out this title. Sets forth criminal and civil penalties for specified violations of this title. Requires the suspension of fees imposed under this title during any fiscal year which commences after September 30, 1991, if the Administrator determines (on or before the first day of such fiscal year) that the unobligated balance in the Fund exceeds $3,000,000,000. Provides that such suspension shall continue until the expiration of the fiscal year concerned. Title IV: Citizen Suits and Liability of Certain Persons - Amends the Solid Waste Disposal Act ("the Act") to revise provisions for citizen suits. Adds provisions for citizen suits against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment of the Constitution, and including any past or present generator, transporter, or owner or operator of a treatment, storage, recycling, or disposal facility who has contributed or is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment. Grants the district jurisdiction to immediately restrain any person contributing to such endangerment, to order such person to take other necessary action, and to apply any appropriate civil penalties relating to hazardous waste management violations. Provides that citizen suits for such purposes may not be commenced: (1) if the Administrator has commenced, and is diligently prosecuting, an action under imminent hazard provisions of the Act, or if the State has brought an action under specified provisions of the Act, to immediately restrain any person contributing to such endangerment; or (2) by any person (other than a State or local government) with respect to the siting of a hazardous waste treatment, storage, or disposal facility. Adds provisions to the Act relating to the liability of certain persons for specified damages. Makes the following persons liable for specified damages to individuals (or their dependents) caused by the exposure of such individuals to a hazardous substance: (1) in cases of exposure to such substance from a facility or site at which treatment, storage, recycling, or disposal took place, the owner or operator of such facility or site at the time of such treatment, storage, recycling, or disposal, and any subsequent owner or operator of such facility or site; (2) in cases of exposure to such substance during storage of such substance pending transport for storage or treatment, any person who arranged for treatment, storage, recycling, or disposal, or who arranged for transport for such purposes; and (3) in cases of exposure during the transportation to, or treatment, storage, or disposal at, a disposal or treatment facility or site, any person who accepts or accepted such substance for transport to a treatment, recycling, storage, or disposal facility selected by such person. Provides that such liability shall be: (1) strict liability, with specified exceptions; (2) joint and several; and (3) construed to be the standard of liability which obtains under specified provisions of CERCLA and of the Federal Water Pollution Control Act. Excuses from such liability any defendant who can establish by a preponderance of the evidence that the exposure to a hazardous substance or the damage resulting from such exposure was caused solely by: (1) an act of God; or (2) an act of war. Makes the following damages compensable under such liability provisions: (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 and suffering which results from personal injury, illness, or death; and (4) any economic loss and any damages to property, including diminution in value. Sets forth procedural provisions relating to such liability. Provides that no evidence may be introduced in an action under such liability provisions of this Act with respect to the results of any proceeding brought by the plaintiff under specified medical and relocation expenses provisions of this Act. Sets forth provisions relating to a presumption of cause of damages. Sets forth provisions for jurisdiction of U.S. district courts over actions under such liability provisions. Authorizes the court to award appropriate legal fees. Provides that nothing in such liability provisions or in provisions for medical and relocation expenses under this Act shall be construed to preempt, or otherwise affect, any provision of State law regarding liability for damages in connection with any hazardous substance. Sets forth a statute of limitations relating to such liability provisions and to provisions for medical and relocation expenses under this Act. Sets such limitation at three years after: (1) the date the physical injury or illness was first known (or reasonably should have been known) by the applicant or plaintiff to exist, or the date of the individual's death; (2) the date the applicant or plaintiff knew (or reasonably should have known) that the physical injury, illness, or death or other expense was caused or contributed to by exposure to such hazardous substance; or (3) the date of enactment of this Act. Sets forth exceptions to such limitation in the case of minors or incompetents. Sets forth provisions for collateral recovery relating to such liability provisions and to provisions for medical and relocation expenses under this Act. Provides for recovery from other sources and for liens. Prohibits recovery under such liability provisions and under provisions for medical and relocation expenses under this Act of any amount for injury, illness, or death for which compensation is available under a State workers' compensation law. Sets forth criminal penalties for false statements in any application or proceeding under provisions for medical and relocation expenses under this Act. Title V: Law Enforcement Authority - Grants specified law enforcement authority to EPA officers or employees authorized by the Administrator to investigate, or supervise the investigation of, any activity for which a criminal penalty is provided under the Solid Waste Disposal Act ("the Act") or under this Act. Directs the Administrator to request the Attorney General to appear and represent the United States in any civil or criminal action instituted under this Act to which the Administrator is a party. Requires EPA attorneys to appear and represent the United States in a civil action, unless the Attorney General notifies the Administrator within a reasonable time that the Attorney General will appear and represent the United States in such action.
United States · United States Congress · 8 February 1984
Older Americans Act Amendments of 1984 - Title I: Amendments Regarding Objectives and Definitions - Amends the Older Americans Act of 1965 to declare as an objective of such Act that our older people should have available a comprehensive array of community- based, long-term care services adequate to appropriately sustain them in their communities and in their homes. Title II: Amendments Regarding the Administration on Aging - Replaces provisions establishing the Administration on Aging with provisions establishing, under the general authority of the Secretary of Health and Human Services, an Office on Aging to be headed by the Assistant Secretary for Aging (the Assistant Secretary) who shall be appointed by the President by and with the advice and consent of the Senate. Provides that the Office on Aging shall assume the duties and functions of the Administration on Aging and that the Assistant Secretary shall assume the duties and functions of the Commissioner on Aging. Establishes in the executive branch of the Government a Federal Coordinating Board on Aging. Provides that the Secretary shall be the Chairperson of the Board and that the Assistant Secretary shall be the Vice Chairperson. Directs the Board to: (1) coordinate all Federal programs and activities related to older individuals; and (2) annually report to the President and Congress with recommendations for the development of objectives and priorities for all Federal programs and activities relating to aging and to older individuals. Authorizes funds to be appropriated for FY 1985 through 1987 for the Federal Council on Aging. Directs the Secretary to issue regulations for the administration of the Older Americans Act of 1965. Prohibits the Secretary from making grants or contracts under such Act for training, research, and discretionary projects and programs until the Secretary develops and publishes general standards to be used in evaluating such projects and programs. Title III: Grants for Programs on Aging - Defines: (1) an "older individual" as any individual who is 60 or older; and (2) "multipurpose senior centers" as community facilities for the organization and provision of a broad spectrum of services, including the provision of health, social, nutritional, and educational services and provision of facilities for recreational activities, for older individuals. Authorizes funds to be appropriated for FY 1985 through 1987 for social service grants and nutrition project grants under the Older Americans Act of 1965. Requires each area agency on aging to: (1) specify annually in its area plan the amount of funds spent for each category of services in the preceding year; and (2) conduct efforts to coordinate community-based, long-term care services designed to keep individuals in their homes, thereby deferring unnecessary institutionalization. Requires a State's plan under such Act in planning and operating its long-term care ombudsman program to consider the views of area agencies on aging, older individuals, and provider agencies. Authorizes funds to be appropriated for FY 1985 through 1987 for the surplus commodity program under such Act. Title IV: Training, Research, and Discretionary Programs Related to Aging - Revises provisions of the Older Americans Act of 1965 relating to training, research, and discretionary programs. Directs the Assistant Secretary to make grants and enter into contracts for training, research, and discretionary programs related to aging in order to: (1) provide comprehensive and coordinated nondegree education, training programs, and curricula at institutions of higher education and at other educational organizations for practitioners in the fields of nutrition, health care, supportive services, housing, and long-term care; (2) provide inservice training opportunities to the personnel of State offices, area agencies, senior centers, and nutrition sites to strengthen their capacity to remain responsive to the needs of older individuals; and (3) provide courses on aging and the dissemination of information about aging. Directs the Office on Aging to conduct both: (1) long-term educational activities to prepare personnel for careers in the field of aging; and (2) short-term inservice training and continuing education activities for State and area agency personnel, and other personnel, in the field of aging. Requires multidisciplinary centers of gerontology to: (1) conduct research and policy analysis and function as a technical resource for the Assistant Secretary, policy makers, service providers, and Congress; (2) recruit and train personnel; (3) conduct research toward the development of information related to aging; (4) stimulate the incorporation of information on aging into the teaching of biological, behavioral, and social sciences at colleges and universities; (5) develop training programs in the field of aging; (6) serve as a repository of information and knowledge on aging; (7) provide consultation to organizations serving older individuals under provisions of this Act; and (8) provide data to the Assistant Secretary on projects and activities for which training, research, and discretionary program funds are provided. Sets forth the purposes of research and development projects under the Older Americans Act of 1965. Directs the Assistant Secretary to select for research assistance research activities which will, within three years of enactment of this Act: (1) contribute to the establishment and maintenance of a demographic data base which contains information on the population of older individuals; (2) identify the future needs of older individuals; (3) identify the kinds and comprehensiveness of programs required to satisfy such needs; and (4) identify the kinds and number of personnel required to carry out such programs. Authorizes making grants and contracts for projects designed to identify older individuals who suffer from Alzheimer's disease and other neurological diseases and provide family respite services and other community-based care services to such individuals. Revises provisions relating to special demonstration projects on legal services for older individuals. Directs the Assistant Secretary to make grants and enter ito contracts to: (1) provide nationwide legal services support activities to State and area agencies on aging for providing, developing, or supporting legal services for older individuals; and (2) support demonstration projects to expand or improve the delivery of legal services to older individuals with social or economic needs. Authorizes funds to be appropriated for FY 1985 through 1987 training, research, and discretionary programs under the Older Americans Act of 1965. Directs the Assistant Secretary to: (1) be responsible for the administration, implementation, and making of grants and contracts for such programs; and (2) annually provide a report on the expenditure of funds for such programs. Title V: Community Service Employment - Amends the Older Americans Community Service Employment Act to authorize funds to be appropriated for FY 1985 through 1987. Increases the number of part-time employment positions provided under such Act. Title VI: Grants for Indian Tribes - Authorizes funds to be appropriated for FY 1985 through 1987 under the Older Americans Act of 1965 for grants to Indian tribes. Title VII: Amendments to Other Laws; Effective Dates - Sets forth conforming amendments and effective dates.
United States · United States Congress · 8 February 1984
Designates the week of April 29 through May 5, 1984, as National Week of the Ocean.
United States · United States Congress · 7 February 1984
Expresses the sense of the House of Representatives that the: (1) Republic of South Africa should release Nelson Mandela from prison and should revoke Winnie Mandela's banning order; (2) President should use his position to secure the release of Nelson and Winnie Mandela; and (3) Speaker of the House is requested to transmit a copy of this resolution to the President and to the Republic of South Africa.
United States · United States Congress · 26 January 1984
Continues to apply after the end of FY 1983 the certification requirements of the International Security and Development Cooperation Act of 1981 which relate to El Salvador until Congress enacts new legislation providing conditions for U.S. military assistance to El Salvador or until September 30, 1984, whichever occurs first.
United States · United States Congress · 26 January 1984
Prohibits any change in the standard Federal regional or subregional office structure or policy as established by the Office of Management and Budget (OMB) circular A-105 of April 4, 1974, except by Act of Congress. Allows combinations of standard Federal regions approved pursuant to such circular before January 1, 1984, to be continued without specific approval by Act of Congress. Requires the Director of OMB to wait at least 90 days after notifying Congress of an agency's request for approval of certain regional or subregional organization plans before approving such a plan.
United States · United States Congress · 26 January 1984
Amends the Small Business Act to require the Small Business Administration, with respect to small businesses involved in the fishing industry, to treat the El Nino-related ocean conditions as a disaster for purposes of providing disaster loans to such small businesses.
United States · United States Congress · 26 January 1984
Amends the Legal Services Corporation Act to require that the eligibility criteria for legal assistance not exclude persons who were eligible for the Corporation's services under the criteria in effect on January 1, 1983.
United States · United States Congress · 24 January 1984
Amends the Social Security Amendments of 1983 to delay until after December 31, 1985, mandatory coverage under the Old Age, Survivors and Disability Insurance program for employees of tax-exempt religious or apostolic organizations which do not have in effect on January 1, 1984, a waiver certificate (which waives such an organization's exemption from taxation for purposes of the Old Age, Survivors and Disability Insurance program).
United States · United States Congress · 23 January 1984
Amends the Coastal Zone Management Act of 1972 to require each Federal agency conducting or supporting an activity (whether inside or outside the coastal zone) that produces an identifiable physical, biological, social or economic consequence in the zone or initiates a chain of events likely to result in such consequences to conduct or support that activity in a manner which is, to the maximum extent practicable, consistent with approved State management programs. Specifies circumstances in which a Federal agency activity may be inconsistent with approved management programs.
United States · United States Congress · 23 January 1984
Designates the month of June 1984 as Student Awareness of Drunk Driving Month.
United States · United States Congress · 18 November 1983
High Technology Research and Scientific Education Act of 1983 - Title I - The Credit for Increasing Research Activities; ACRS for R&D Equipment - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Makes depreciation of research equipment eligible for the R&D credit. Eliminates the special three-year accelerated cost recovery system (ACRS) category for research equipment. Increases contract research expenses eligible for R&D credit purposes to 75 percent of the amount paid to others for research on the taxpayer's behalf. Provides that in-house and contract research expenses paid or incurred by a regular corporation will constitute qualified research expenses for R&D credit purposes. Provides that in the case of research being conducted in partnership form, the "in carrying on" test is applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Title II - Promotion of University Research and Scientific Education - Establishes a new income tax credit equal to 25 percent of payments to universities for basic research which exceed a fixed, maintenance-of-effort floor. Calculates the maintenance-of-effort floor as the greater of the annual average of university basic research payments over 1982-1983 or one percent of the average annual R&D budget over 1981-1983. Treats the portion of the university basic research payments which is not in excess of the maintenance-of-effort floor as contract research expenses eligible for purposes of computing the regular incremental R&D credit. Allows corporations an income tax deduction for contributions of scientific and technical property or services to an institution of higher education. Defines scientific property to mean computer software or other equipment used in a trade or business, which is donated for the direct education of students and faculty, for research and experimentation, or for research training in the United States in mathematics, the physical or biological sciences, engineering, or computer science. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property or services. Limits the amount of such deduction to ten percent of taxable income computed without regard to specified deductions. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Specifies that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 18 November 1983
Amends Federal law to authorize the Administrator of the Bonneville Power Administration to employ professional employees who are included in a bargaining unit subject to civil service rules and regulations. Allows the Administrator to fix the wages of such employees at prevailing rates, without regard to such rules and regulations.
United States · United States Congress · 18 November 1983
National Observance Advisory Act - Establishes a commission known as the President's Advisory Commission on National Observances to establish criteria for recommending to the President that a proposed national observance be approved or disapproved.
United States · United States Congress · 18 November 1983
Amends the Export Administration Act of 1979 to extend the authorities of such Act through February 29, 1984.
United States · United States Congress · 18 November 1983
Supplementary Medical Insurance Improvements Act of 1983 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide the following insurance options to an enrollee automatically, unless the enrollee specifically declines to be covered under this Act: (1) the elimination of the limitation on the number of days of inpatient hospital services provided under part A (Hospital Insurance) of title XVIII; (2) the elimination of coinsurance imposed for inpatient hospital services over 60 days under part A; and (3) payment for 100 percent, instead of 80 percent, of the reasonable charges for part B benefits. Directs the Secretary of Health and Human Services to annually determine the monthly actuarial rate for enrollees under the above provisions and sets the premium for the above benefits at that rate. Provides part B enrollees with automatic coverage, unless specifically denied, of medical expenses for prescription drugs for the treatment of chronic illness. Directs the Secretary to: (1) annually establish a prospective payment schedule which establishes the payment to be made for such expenses; (2) establish, by therapeutic category, a formulary of the drugs and biologicals necessary for treatment of a chronic disease; and (3) annually determine the monthly actuarial rate for the coverage of such expenses. Sets the premium at such actuarial rate. Directs the Secretary to report to Congress on alternatives for reducing the cost-sharing burdens placed by Medicare on individuals entitled to its benefits.
United States · United States Congress · 18 November 1983
Expresses the sense of the House of Representatives that, upon confirmation, the new Secretary of the Interior should act to insure that the policies and programs of the Department of the Interior conform with the expressed will of the Congress and regain public support and confidence.
United States · United States Congress · 18 November 1983
Declares that the London Dumping Convention: (1) is the appropriate vehicle for the regulation and control of subseabed emplacement of high-level radioactive materials; and (2) should continue to prohibit the subseabed emplacement of high-level radioactive wastes until scientific research demonstrates that such activity will not pose a threat to the marine environment.
United States · United States Congress · 17 November 1983
Human Needs and World Security Act - Requires that for FY 1985: (1) not less than $102,000,000 shall be provided to the United Nations Children's Fund with the Fund's excess FY 1984 funds to be devoted to the provision of low-cost preventive health measures associated with the "child health revolution" developed by United Nations agencies; (2) not less than $90,000,000 shall be provided for the International Fund for Agricultural Development; and (3) not less than $175,000,000 shall be provided for health care activities with excess FY 1984 funds to be devoted to preventive health care activities directly benefitting the poor majority. Authorizes appropriations for FY 1985 for the Peace Corps. Requires that $700,000,000 shall be available to carry out famine relief under the Agriculture Trade Development and Assistance Act of 1954 for FY 1985. Authorizes appropriations for FY 1985 for the Inter-American Development Bank for assistance under the Bank's program for financing small projects. Limits for FY 1985 the aggregate amount of foreign military sales credits, foreign military sales guarantees, military assistance, and international military education and training. Limits the amount of assistance provided during FY 1985 through the Economic Support Fund.
United States · United States Congress · 17 November 1983
Amends the Export Administration Act of 1979 to extend the authorities of such Act through February 29, 1984. Requires that the Congress pass a joint resolution approving exports of domestically produced crude oil that would otherwise be subject to short supply export controls. (Current law requires Congress to pass a concurrent resolution approving such exports.)
United States · United States Congress · 17 November 1983
Designates March 16 of each year as Freedom of Information Day.
United States · United States Congress · 16 November 1983
Trade Reorganization Act of 1983 - Title I: General Provisions - Sets forth congressional findings, the purposes of the Act, and definitions of terms used in the Act. Title II: Department of Commerce and Trade - Part A: Establishment - Establishes the Department of Commerce and Trade which shall be administered by a Secretary of Commerce and Trade. Sets forth the functions of the Secretary. Part B: Officers of the Department - Requires that there shall be three Deputy Secretaries of Commerce and Trade, one to act for the Secretary if the Secretary is absent or disabled, and the other two to act as international trade negotiators. Requires that there shall be in the Department an Under Secretary for International Trade and an Under Secretary for Domestic Commerce. Provides for other officers including eight Assistant Secretaries, a General Counsel, an Inspector General, a Chief Negotiator for Textile Matters, and, if requested by the Secretary of Agriculture, an Agricultural Adviser. Part C: Offices and Administrations - Establishes the following offices in the Department which shall be under the supervision of the Under Secretary for International Trade: (1) the Office for Trade Policy Development; (2) the Office for Export Promotion; (3) the Office for Trade Administration; and (4) the Office for International Investment. Establishes in the Department the United States and Foreign Commercial Services which shall facilitate and promote U.S. business activity and exports of U.S. goods and services. Requires the Under Secretary for International Trade to report to the Secretary and to Congress within one year after the effective date of this Act on any plans for expanding and enhancing the policy functions of the Foreign Commercial Service. Establishes the following offices in the Department which shall be under the supervision of the Under Secretary for Domestic Commerce: (1) the Office for Industrial Policy; (2) the Office for Sector Analysis; and (3) the Office for Productivity, Technology, and Innovation. Establishes in the Department the: (1) United States Travel and Tourism Administration; (2) Office of Patents and Trademarks; (3) National Telecommunications and Information Administration; and (4) Bureau for Economic Analysis. Part D: Transfers to the Department - Transfers to the Secretary: (1) all functions of the U.S. Trade Representative and of the Office of U.S. Trade Representative which relate to non-agricultural products under specified provisions of law; and (2) except for functions transferred by titles III, IV, and VI all functions of the Secretary of Commerce, of the Department of Commerce, and of specified officers and employees of the Department of Commerce. Part E: Administrative Provisions - Authorizes the Secretary to perform certain personnel functions. Sets forth further provisions governing the administration of the Department. Part F: Related Agencies - Establishes in the Executive Office of the President an Office of the Assistant to the President for International Trade. Requires the Assistant to the President for International Trade to serve as the principal adviser to the President on international trade policy. Amends the Trade Expansion Act to establish in the Executive Office of the President a Trade Policy Committee which shall assist the President in carrying out specified import relief provisions of the Trade Act of 1974. (Current law provides for an interagency trade organization to provide the President with such assistance.) Requires the Committee to obtain advice from appropriate departments or agencies on the impact of international trade and investment policy. Establishes as a subcommittee of the Committee the Subcommittee on Trade Negotiations which shall, with the concurrence of the Committee advise the President on the management of negotiations and on the appointment of delegations to international negotiations or meetings. Authorizes the Chairman of the Committee to establish additional subcommittees. Amends the Export-Import Bank Act of 1945 to include the Deputy Secretary of Commerce and Trade on the board of directors of the Export-Import Bank. Amends the Foreign Assistance Act of 1961 to require the Secretary of Commerce and Trade to give policy guidance to the Overseas Private Investment Corporation (OPIC). Requires OPIC to carry out a specified trade development program. Requires the Director of the United States International Development Cooperation Agency to be the Chairman of the Board of Directors of OPIC, ex officio. Requires the Under Secretary of International Trade to be the Vice Chairman of the Board, ex officio. Amends the National Security Act of 1947 to make the Assistant to the President for International Trade a member of the National Security Council. Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the Secretary of Commerce and Trade with respect to trade matters under consideration by the Fund. Directs the Secretary of Agriculture to: (1) exercise primary responsibility, with the advice of the Trade Policy Committee, for developing and implementing international agricultural trade policy; (2) exercise lead responsibility, with the advice of the Trade Policy Committee and the Subcommittee for Trade Negotiations, for international trade negotiations with respect to agricultural products; (3) report to Congress on a specified trade agreements programs as it relates to agricultural products and on other issues pertaining to international agricultural trade; (4) keep each congressionally appointed adviser to U.S. international trade delegations informed on U.S. negotiating objectives; and (5) consult and cooperate with State and local governments and other parties interested in international agricultural trade. Transfers to the Secretary all functions of the U.S. Trade Representative and the Office of the U.S. Trade Representative which relates to agricultural products. Establishes in the Department of Agriculture a Deputy Secretary for International Trade Negotiations who shall act on behalf of the Secretary of Agriculture as Chief Negotiator of the United States on international agricultural trade matters. Requires the President to appoint, with the advice and consent of the Senate, a Permanent Representative of the Department of Agriculture to the General Agreement on Tariffs and Trade. Changes the title of the Under Secretary of Agriculture for International Affairs and Commodity Programs to the Under Secretary of Agriculture for International Trade and Commodity Programs. Part G: Conforming Provisions - Sets forth conforming amendments. Title III: Establishment of National Oceanic and Atmospheric Administration as an Independent Agency - Part A: Declaration of Findings and Purposes - Sets forth the congressional findings, purposes, and definitions of this title. Part B: Establishment and Functions of Administration - Establishes the National Oceanic and Atmospheric Administration as an independent Federal agency. Sets forth the principal officers of the Administration, including an Administrator, a Deputy Administrator, eight Assistant Administrators, and a General Counsel. Authorizes the Secretary of the Navy to detail to the Administrator a Navy flag officer who, as Naval Deputy to the Administrator, shall serve as liaison between the Administrator and the Secretary of the Navy and shall ensure that national security considerations are addressed in Administration policy matters. Transfers all functions of the National Oceanic and Atmospheric Administration of the Department of Commerce to the independent Administration. Sets forth the functions of the Administrator. Part C: Enforcement - Sets forth the enforcement authority and powers of the Administrator. Authorizes the Administrator to use State and local personnel to the extent necessary to enforce the laws for which the Administrator has enforcement authority. Grants U.S. district courts jurisdiction over any case or controversy arising under this title. Part D: Administrative Provisions - Sets forth the administrative authorities of the Administrator. Requires recordkeeping by and audits of recipients of financial assistance from the Administrator or pursuant to a program administered by the Administrator. Authorizes the Administrator to consolidate reports on programs administered by the Administrator. Requires the Administrator to consult and coordinate with other Federal agencies and to cooperate with the Secretary of State with respect to international conferences. Provides for the transfer of personnel pursuant to this title. Part E: Miscellaneous Provisions - Provides that references to the functions transferred by this title in other Federal laws shall be deemed to conform to this title. Title IV: Transfers to Other Federal Agencies - Part A: National Bureau of Standards - Transfers to the National Science Foundation all functions of the National Bureau of Standards. Requires the National Bureau of Standards to be, for at least one year, a separate identifiable unit in the National Science Foundation. Requires the National Science Foundation through the Assistant Director for the National Bureau of Standards to perform all the functions of the transferred Bureau for at least one year. Provides that certain provisions of the National Science Foundation Act of 1950 relating to the operation of laboratories and pilot plants shall not apply to functions transferred to the National Science Foundation under this part. Requires that an additional Assistant Director of the National Science Foundation shall be appointed who shall be the Assistant Director for the National Bureau of Standards. Part B: Minority Business Development Agency - Transfers the Minority Business Development Agency from the Department of Commerce to the Small Business Administration. Requires that, for at least one year: (1) the Minority Business Development Agency shall be a separate identifiable unit in the Small Business Administration; and (2) the Administrator of the Small Business Administration, through the Director of the Minority Business Development Agency, shall perform all functions of the Minority Business Development Agency. Provides for the appointment within the Small Business Administration of a Director of the Minority Business Development Agency. Part C: Economic Development Administration - Transfers the Economic Development Administration from the Department of Commerce to the Department of Housing and Urban Development. Requires that, for at least one year: (1) the Economic Development Administration shall be a separate identifiable unit in the Department of Housing and Urban Development; and (2) the Secretary of Housing and Urban Development shall perform functions of the Economic Development Administration. Requires that an additional Assistant Secretary of Housing and Urban Development shall be appointed who shall be the Assistant Secretary for Economic Development. Title V: Industrial Policy - Establishes the Industrial Competitiveness Council which shall: (1) prepare and publish reports on the U.S. industrial economy and its international competitiveness; (2) prepare and transmit to the President and the Congress a report analyzing the extent to which the United States needs an industrial base to maintain its economic and military position in the world; (3) provide policy recommendations and guidance to the President and Congress regarding the preservation and future growth of the U.S. industrial base; (4) identify critical sectors of the economy; (5) establish sectoral and area subcouncils to facilitate consultation about the performance and prospects of such sectors and areas; and (6) monitor the performance and prospects of critical sectors. Sets forth the powers of the Council and the membership of the Council. Title VI: Bureau of the Census - Establishes the Bureau of the Census as an independent agency. Transfers all functions of the Bureau of the Census of the Department of Commerce to the independent Bureau. Title VII: Transitional, Savings, and Conforming Provisions - Sets forth transitional, savings, and conforming provisions. Terminates the Department of Commerce and the Office of the U.S. Trade Representative. Title VIII: Miscellaneous - Sets forth the effective dates of the provisions of this Act. Provides for interim appointments. Authorizes appropriations.
United States · United States Congress · 16 November 1983
Congressional Campaign Finance Reform Act of 1983 - Amends the Internal Revenue Code to allow a nonrefundable income tax credit for contributions to candidates for the office of U.S. Representative. Limits the amount of such credit to $100 for any one qualified candidate, and $200 for all qualified candidates. Requires that such contributions be verified in accordance with regulations promulgated by the Secretary of the Treasury. Prohibits a candidate from misrepresenting his eligibility for office or the eligibility of a potential contributor for the tax credit. Requires the Secretary to report to the Congress on the use of such political tax credits not later than June 30 following each Federal election. Adds a new title to the Federal Election Campaign Act of 1971: "Title V: Financing of General Election Campaigns for the House of Representatives." Sets forth requirements for the qualification of candidates for the U.S. House of Representatives to receive contributions eligible for the tax credit provided by this Act. Requires a candidate to certify to the Federal Election Commission that neither he nor his authorized committee will accept any contribution or make any campaign expenditure in excess of prescribed limits. Requires further that the candidate maintain a separate accounting of contributions which qualify for the income tax credit for political contributions provided by this Act and that the candidate provide any appropriate information to the Commission for purposes of auditing or examining campaign contributions. Requires the candidate to certify the receipt of a certain amount of threshold contributions. Limits to $20,000 the amount of personal funds (from the candidate or his immediate family) that a candidate may spend in an election. Waives spending limits for eligible candidates whose opponents have exceeded applicable expenditure limits or who have otherwise failed to meet the requirements of this Act. Requires independent expenditures in excess of $5,000 to be reported to the Commission and each candidate within specified time frames. Qualifies a candidate against whom more than $5,000 in independent expenditures have been made for premium postal rates. Requires the Commission to verify upon request the eligibility of a candidate under this Act to the Secretary. Requires the Commission to conduct an examination and audit of the campaign accounts of ten percent of the qualified candidates under this Act to determine compliance with the expenditure limitations and other requirements of this Act. Empowers the Commission to bring a civil suit in U.S. district court to enforce any requirement of this Act or recover any amounts resulting from an audit of campaign expenditures. Permits private citizens to file complaints with the Commission and initiate court actions. Authorizes appropriations. Includes within the definition of "contribution" for purposes of the Federal Election Campaign Act of 1971 certain extensions of credit for advertising and broadcasting in excess of $1,000 for a period of more than 60 days. Limits to $90,000 (adjusted for inflation) in any calendar year the amount of contributions which candidates for U.S. Representative may accept from non-party multicandidate political committees. Specifies exceptions for candidates in general and special elections. Limits to $240,000 the expenditure amounts for such candidates. Permits candidates for the office of U.S. Representative to make expenditures independently of the campaign committee of his party in specified circumstances. Amends the Communications Act of 1934 to provide candidates for the office of U.S. Representative with equal time in broadcast media to respond to the remarks of an opposing candidate.
United States · United States Congress · 16 November 1983
Designates the week beginning March 4, 1984, as Women's History Week.
United States · United States Congress · 16 November 1983
Expresses the sense of Congress that: (1) the news media should voluntarily refrain from projecting election results before the polls close; and (2) the news media and industry, trade and professional organizations should voluntarily adopt guidelines to assure that exit interview data is not used to project election results before the polls close.
United States · United States Congress · 10 November 1983
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the dumping of municipal sludge, except as provided in the Act. (Current law prohibits dumping sludge, except as provided in the Act.) Defines "municipal sludge" as solid, semisolid, or liquid waste generated by a wastewater treatment plant. Authorizes issuance of a dumping permit for any hazardous waste identified and listed under the Resource Conservation and Recovery Act of 1979 only if the waste will be incinerated at sea or rapidly neutralized in the marine environment. Authorizes the issuance of a dumping permit for municipal sludge only if: (1) the plant generating the sludge is in compliance with requirements of the Federal Water Pollution Control Act; and (2) a suitable land-based alternative to ocean disposal is not available. Requires, rather than permits, the imposition of processing fees for permits. Sets forth provisions regarding the dumping of municipal sludge in the New York Bight Apex. Prohibits dumping in the Apex after the earlier of December 31, 1986, or the day the Administrator of the Environmental Protection Agency determines that municipal sludge can reasonably be dumped elsewhere. Permits dumping, however, after December 1, 1986: (1) if dumping in the Apex will result in less harm than dumping elsewhere; and (2) until a more suitable location is found. Imposes fees for municipal sludge dumped in the Apex of: (1) $25 for each dry ton dumped during 1984; (2) $40 for each dry ton dumped during 1985; and (3) $55 for each dry ton dumped after 1985. Requires the fees, whether used by the Administrator or local authorities, to be utilized as specified for the improvement of the Apex. Provides for trust accounts for local authorities for any fee amounts not paid to the Administrator. Requires the Administrator to: (1) prepare a comprehensive assessment of disposal options for municipal sludge generated by local authorities; (2) prepare a New York Bight Apex Restoration Plan; and (3) carry out base-line monitoring of alternative sites. Requires the assessment and plan to be submitted to Congress. Requires the assessment to be prepared in consultation with State and local officials from New York and New Jersey. Requires the Administrator to submit a report to Congress on the technological and economic feasibility of establishing and implementing quality standards for the disposal of municipal sludge through ocean or land-based methods. Authorizes appropriations for FY 1985 through 1987 to the Environmental Protection Agency for purposes of preparing the New York Bight Apex Restoration Plan.
United States · United States Congress · 4 November 1983
Designates June 4 through June 10, 1984, as National Fishing Week.
United States · United States Congress · 1 November 1983
Designates November 12, 1983, as Anti-Defamation League Day in honor of the 70th anniversary of the founding of the Anti-Defamation League of the B'nai B'rith.
United States · United States Congress · 27 October 1983
Amends the Export Administration Act of 1979 to extend the authorities of such Act until November 18, 1983. Authorizes appropriations for FY 1984 to carry out such Act.
United States · United States Congress · 27 October 1983
Residential Mortgage Investment Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to exempt from specified prohibited transactions: (1) any qualified mortgage transaction engaged in by an employee benefit plan if such transaction received the prior approval of an independent fiduciary; (2) the purchase, retention, or sale by an employee benefit plan of interests in Federal or State guaranteed residential mortgage loans; and (3) any participation or dealings by an employee benefit plan in residential mortgage-backed securities if such securities bear one of the three highest ratings of a nationally recognized rating service. Prohibits the promulgation of rules or orders which limit, interpret or implement: (1) the exemptions or definitions of this Act; and (2) the term "reasonable rate of interest."
United States · United States Congress · 26 October 1983
States that the War Powers Resolution became operative on October 25, 1983, for purposes of determining the termination date for the presence of U.S. armed forces in Grenada.
United States · United States Congress · 25 October 1983
Authorizes appropriations to the Secretary of the Interior for FY 1985 through 1989 to assist States in carrying on the work of a competent and qualified mining and mineral resources research institute at one public college or university (or private college or university if a State does not have an eligible public college or university) in the State meeting eligibility requirements. Provides that such funds when appropriated shall be made available for grants to be matched on a basis of no less than one and one-half non-Federal dollars for each Federal dollar during FY 1985 and 1986 and no less than two non-Federal dollars for each Federal dollar during FY 1987 through 1989. Authorizes appropriations to the Secretary for FY 1985 through 1989 which shall be made available to institutes to meet the necessary expenses of: (1) specific mineral research and demonstration projects of broad application which could not otherwise be undertaken; and (2) research into any aspects of mining and mineral resources problems related to the mission of the Department of the Interior which are not otherwise being studied. Sets forth funding criteria. Requires each institute to: (1) set forth its plan to provide for the training of individuals as mineral engineers and scientists; (2) set forth policies and procedures to assure that Federal funds made available under this Act will supplement and, to the extent practicable, increase the level of funds that would, in the absence of such Federal funds, be made available for purposes of this Act, and in no case supplant such funds; and (3) report annually to the Secretary concerning amounts received under this Act and projects undertaken pursuant to this Act. Directs the Secretary to: (1) prescribe necessary rules and regulations; and (2) report to Congress annually concerning the receipts, expenditures, and work of the institutes in all States under the provisions of this Act. Prohibits anything in this Act from being construed to authorize Federal control of education at any college or university. Directs the Secretary to assure that programs authorized by this Act are not redundant with respect to established mining and minerals research programs. Authorizes appropriations necessary to print and publish the results of activities carried out by institutes under this Act and for administrative planning and direction. Directs the Secretary to establish a center for cataloging current and projected scientific research in all fields of mining and mineral resources. Directs the President to clarify agency responsibility for Federal mining and mineral resources research and provide interagency coordination of such research. Directs the Secretary to appoint a Committee on Mining and Mineral Resources Research to consult with and make recommendations to the Secretary on all matters relating to mining and mineral resources research as required by this Act. Requires the Committee to: (1) develop a national plan for research and development in mining and mineral resources and to formulate and recommend a program to implement the plan utilizing resources provided for under this Act; and (2) submit such plan to the Secretary, the President, and Congress by March 1, 1986, and update the plan annually. Requires the Committee to determine the eligibility of a college or university to participate as a mining and mineral resources research institute under this Act.
United States · United States Congress · 21 October 1983
Authorizes the President to present, on behalf of Congress, a gold medal to Lady Bird Johnson in recognition of her humanitarian efforts and contributions to the beautification of America. Directs the Secretary of the Treasury to provide for the striking of such medal and bronze duplicates for sale to the public. Declares such medals to be national medals. Authorizes appropriations.
United States · United States Congress · 20 October 1983
Religious Speech Protection Act - Prohibits federally funded public secondary schools which allow students to meet during noninstructional periods from discriminating against any meeting of students on the basis of religious content.
United States · United States Congress · 18 October 1983
State Justice Institute Act of 1983 - Establishes the State Justice Institute as a tax-exempt private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Permits the Institute to be incorporated in any State or the District of Columbia. Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (4) encourage education for State court judges and support personnel. Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems. Prescribes uses and limitations on uses of grant and contract funds. Specifies restrictions on activities of the Institute. Authorizes appropriations for FY 1985 through 1987.
United States · United States Congress · 18 October 1983
Amends the Internal Revenue Code to provide that tax-exempt interest on securities held by the taxpayer before the date of the enactment of the Social Security Amendments of 1983 shall not be taken into account in determining the amount of social security benefits subject to tax.
United States · United States Congress · 6 October 1983
Universal Telephone Service Preservation Act of 1983 - Provides that the system of charges for exchange access established under the decisions and orders of the Federal Communications Commission (FCC) in C.C. docket numbered 78-72 (phase I) shall take effect as modified by this Act. Amends the Communications Act of 1934 to prohibit the assessment of an end-user common line charge against any residential subscriber of telephone exchange service. Requires the assessment of a special access charge for any line that indirectly interconnects with the facilities of an exchange carrier, whether or not such line is provided by such carrier. Directs the FCC to provide an exemption from such charge for any line that could not use exchange access as a commercially valuable alternative or could not be used to avoid exchange access charges. Requires any such access system, beginning July 1, 1985, to require an exchange common carrier to submit to the FCC a tariff that includes a charge on any interexchange carrier or person who provides exchange access functions, services, or facilities similar to those available from an exchange carrier, without direct or indirect interconnection with such carrier. Requires that such charge: (1) allow for the recovery of an equitable share of the carrier's costs in maintaining exchange service as an available alternative for persons served by such functions; and (2) not exceed ten percent of the special access charge unless the FCC determines that a higher percentage more accurately reflects the carrier's costs. Provides that lines to be exempted from the special access charge shall also be exempt from such charge. Requires that any non-traffic-sensitive costs apportioned to the interstate jurisdiction that are not recovered under such charges, special access charges, or end-user common line charges be recovered through carrier common line charges. Sets forth provisions governing the charges that shall be imposed by exchange carriers for exchange access by interexchange carriers that did not participate in the system of jurisdictional separations of carrier property and expenses on July 1, 1983. Provides for the differentiation of charges based on the quality of exchange access provided to the interexchange carrier. Requires exchange carriers, beginning July 1, 1985, to charge interexchange carriers that directly interconnect with such exchange carriers the full cost of providing exchange access. Requires persons who obtain exchange access for resale to pay the same amount for such access as paid by interexchange carriers, taking into consideration any amount such person may pay indirectly. Requires any person who owns or operates facilities either originating or terminating interexchange service other than through direct interconnection to notify the appropriate exchange carriers, the FCC, and the appropriate State commissions. Prescribes a penalty for failure to make such notification. Directs the FCC, upon the request of a State commission, to delegate to such commission the authority to administer the system of access charges. Sets forth conditions under which the FCC may review affirm, remand, or modify a portion of the tariff pursuant to a petition filed by an interexchange customer alleging that an access charge is not justified by cost. Prohibits any exchange carrier from charging any residential customer for terminal equipment not leased from such carrier. Establishes the Universal Service Fund to assure the continued availability of telephone service at reasonable and affordable charges. Directs the Universal Service Board to determine uniform surcharges on exchange access charges recovered from interexchange carriers or other persons directly or indirectly interconnecting with an exchange carrier, such that the Fund is sufficient to make required payments by January 1, 1986. Entitles an exchange common carrier to payments from the Fund: (1) based on the size of the carrier and the amount by which its certified average costs for all non-traffic-sensitive facilities per subscriber line exceed the national average of such costs; and (2) for 50 percent of its revenue loss (as determined according to a specified formula) incurred as a result of providing lifeline telephone service. Entitles an exchange common carrier to additional Fund payments if needed to assure that the total amount such carrier recovers from the system of exchange access charges and Fund payments is not less than the total revenues such carrier received for exchange access in 1982, with specified reductions. Directs the Board to: (1) establish an exchange access board to administer the Fund in an expeditious manner; and (2) audit and adjust Fund payments to ensure that such payments are used to maintain reasonable rates without removing incentives for the efficient provision of exchange access or impeding the entry and operation of competitive suppliers of exchange services. Directs the FCC to establish the Universal Service Board for the purpose of: (1) ensuring equitable and efficient economic treatment of users of common carrier services and exchange services and carriers providing such services; (2) providing for an orderly transition to the system of charges for exchange access established by this Act; and (3) achieving cooperation between the Federal Government and the States. Directs the Board to: (1) establish and maintain formulas for defining and comparing national average costs and charges and uniform practices for determining the payments required by the Fund, and to oversee the distribution of funds from the Fund by the exchange access board; (2) make such changes and modifications in the system of jurisdictional separation of carrier property and expenses in force as may be necessary for the transitional system of charges for exchange access; and (3) establish and revise practices for ascertaining and apportioning the cost of services and facilities used jointly to provide exchange services and exchange access. Requires any decision of the Federal-State Joint Board pending on October 1, 1983, to be submitted to the Board (in lieu of the FCC) for review and action. Authorizes the Board to permit exchange common carriers which serve not more than 50,000 subscriber lines to use representative statistical cost data in lieu of individual cost statistics to support tariffs for exchange access. Grants State commissions authority: (1) to establish classifications for exchange facilities and the portion of facilities used jointly for exchange and interexchange services assigned to the States by the Board; and (2) to prescribe the methods by which exchange carriers shall recover investments in such facilities. Requires that such methods provide for recovery of no more than the amount prudently invested in such facilities by not later than the end of the useful life of the property involved, and in a manner which promotes the economic viability of the exchange carriers. Requires that any tariff in effect on July 1, 1983, providing for interexchange service by carriers jointly or any successor tariff, whether filed jointly or otherwise, be based on the nationwide average costs of providing interexchange service. Authorizes a State commission to require any exchange common carrier to lease and maintain on request a single basic one-line telephone instrument, and associated wiring, to any subscriber within such State on the basis of a tariff that includes all costs of providing and maintaining such instrument and wiring. Requires each State commission to establish rules for the provision of lifeline telephone service by exchange carriers. Prohibits any lifeline telephone service from including any charges based on time of day, duration, or distance of the call. Defines "lifeline telephone service" as telephone service made available to residential subscribers for a single discounted charge under which a subscriber can make a limited number of calls within the exchange area. Allows a commission to restrict eligibility for such service on the basis of low-income criteria. Prohibits a commission from making individuals receiving aid to families with dependent children, supplemental security income benefits, or benefits under the Food Stamp Act of 1977 ineligible for lifeline service. Requires the charge for lifeline service to recover not more than 50 percent of the carrier's average cost of providing exchange service to a residential subscriber. Prohibits any carrier or exchange carrier from using revenues from regulated communications services to defray any costs associated with its entry into or engaging in commercial activities the prices for which are not regulated by the FCC or any State commissions. Prohibits the FCC or any State commission from considering a carrier's or exchange carrier's revenues from such unregulated activities in determining such carrier's or exchange carrier's revenue requirements. Authorizes the unrestricted shared use of telephone facilities and services in any manner that does not interfere with the rights of others in their use of such facilities and services. Authorizes the FCC to pay a person's costs of participating in a proceeding concerning communication carriers if such person represents an interest whose representation is necessary for a fair disposition of the proceeding and if such person could not otherwise afford to participate. Authorizes the creation in each State of a nonprofit association of residential telephone consumers to represent such consumers before telephone carriers and governmental bodies. Grants any such association the right to intervene as a party or otherwise participate in any State or Federal civil action or administrative proceeding which the association determines may affect the interests of residential telephone consumers in its State. Authorizes such an association to furnish telephone carriers with informational material about such association or other matters of interest to such consumers which such carriers shall include with their periodic customer billings. Directs the association to reimburse such carriers for the cost of including such material in customers' bills, except for postage costs for material not exceeding a specified weight. Sets forth provisions governing the election and duties of the board of directors of each association. Requires the Governor of each State to appoint nine individuals who are known to represent consumers' interests to serve as incorporators and as an interim board of directors of the State association. Authorizes the establishment of the National Consumer Telephone Resource Center which shall: (1) be incorporated in the District of Columbia by selected representatives of State associations; (2) be directed by a board of directors composed of one representative of each State association; (3) provide technical information to State associations; and (4) represent the collective interests of State associations in Federal policy and rulemaking proceedings. Prohibits any telephone carrier from interfering with a State association or the Center, subject to a $5,000 fine.
United States · United States Congress · 6 October 1983
Amends the Marine Protection, Research, and Sanctuaries Act of 1982 to prohibit the disposal of decommissioned nuclear-powered submarines in ocean waters.
United States · United States Congress · 6 October 1983
Expresses the sense of the House of Representatives that: (1) the President should give priority attention, in discussions with the Japanese, to the realignment of the yen-dollar exchange rates and to achieving greater equilibrium in the flow of goods, services, and investments between the two countries; and (2) measures to achieve such equilibrium should include mechanisms for close consultations and policy coordination in order to maintain acceptable fluctuations in the value of the yen, reduce disparities in the interest-rate levels, and allow equivalent access of foreign investors to domestic capital markets.
United States · United States Congress · 5 October 1983
Synthetic Fuels Corporation Fiscal Accountability Act of 1983 - Amends the Energy Security Act to prohibit the U.S. Synthetic Fuels Corporation from making new awards of financial assistance after the date of the enactment of this Act and before the date on which the Corporation's comprehensive strategy for achieving the national synthetic fuel production goal is approved by Congress. Makes limitations on Corporation construction projects effective upon the enactment of this Act rather than upon approval of the comprehensive strategy as provided under current law.
United States · United States Congress · 4 October 1983
Amends the Export Administration Act of 1979 to extend the authorities of such Act until October 28, 1983. Authorizes appropriations for FY 1984 to carry out such Act.
United States · United States Congress · 30 September 1983
Amends the Internal Revenue Code to reduce for calendar year 1984 the rates of aviation-related excise taxes on: (1) airline passengers; (2) seats, berths, etc.; (3) use of international travel facilities; (4) air cargo; (5) aviation fuel; and (6) gasoline. Continues such reduced rates for subsequent calendar years if the unobligated balance in the Airport and Airway Trust Fund is at least $2,300,000,000.
United States · United States Congress · 30 September 1983
Amends the Internal Revenue Code to reduce for calendar years 1984 and 1985 the rates of aviation-related excise taxes on: (1) airline passengers; (2) seats, berths, etc.; (3) use of international travel facilities; (4) air cargo; (5) aviation fuel; and (6) gasoline.
United States · United States Congress · 29 September 1983
Medicare Benefits Improvement and Cost Containment Act - Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services, through negotiations, to provide for the determination of payment rates for services by preferred providers so long as the total amount of payments made under title XVIII pursuant to such rates does not exceed: (1) the amount which would otherwise be paid without regard to this Act, in the case of a physician who has entered into an agreement to accept assignment under part B (Supplementary Medical Insurance) of title XVIII; or (2) the adjusted average per capita cost, in the case of services furnished under parts A (Hospital Insurance) and B of title XVIII by an eligible Health Maintenance Organization or Competitive Medical Plan (organization) which has entered into a ceertain agreement with the Secretary. Requires under such an agreement that an organization: (1) provide all services described on parts A and B; (2) may provide additional benefits; (3) assures that in the event of an organization's insolvency, its enrollees will be held harmless; and (4) agrees to receive payment on a per capita basis. Authorizes the Secretary to waive any deductible and coinsurance amounts which otherwise might be imposed under title XVIII, in making payments with respect to services furnished by the providers specified above (preferred providers). Prohibits any State from preventing any group health plan payors: (1) from negotiating or entering into contracts for alternative rates of payments with, or determining alternative rates of payment for, providers of health care services and offering the benefit of such alternative rates to group health plan beneficiaries who select such providers; or (2) with the agreement of group policyholders and subject to the terms of any applicable collective bargaining agreement, from limiting payment under a policy to services secured by group health plan beneficiaries from providers of health care services charging alternative rates. Directs the Secretary to provide for Medicare demonstration projects in at least four States, under which: (1) the Secretary would contract with one more organizations to perform the functions both of intermediaries under part A of title XVIII and carriers under part B with respect to benefits furnished in a State; (2) if the Secretary contracts with one organization in an area, the Secretary must permit any other organization in the area to enter into such a contract; (3) individuals residing in the State covered by the project and entitled or enrolled under part A or B of title XVIII would be required to enroll with at least one participating organization, but may elect to receive any covered service through any qualified Medicare provider; (4) an organization may offer additional benefits, at no additional cost; (5) an organization will not charge copayments or deductibles if a beneficiary is enrolled with and receives benefits directly from the organization; (6) each organization would receive payment at an annual per capita rate equal to 95 percent of the adjusted per capita cost; and (7) each organization shall have the right of final claim review for necessity and appropriateness of items and services furnished. Directs the Secretary to submit to Congress a protocol report concerning such demonstration projects and annual reports.
United States · United States Congress · 28 September 1983
Declares that the President shall convene a domestic economic summit conference to address the economic situation created by projected large deficits. Requires that such conference convene within 45 days to develop and report to Congress a comprehensive plan to reduce the projected deficits in the United States budget.
United States · United States Congress · 28 September 1983
Expresses the sense of the Congress that the Soviet Union should allow Vladimir Feltsman to travel with his family to perform in the United States.