United States · United States Congress · 2 August 1984
Requires the President to transmit to Congress for FY 1986 and each fiscal year thereafter a balanced budget. Permits the transmittal of alternate budget proposals which, if implemented, would result in a deficit or surplus if the President determines that a balanced budget is inappropriate for any fiscal year. Urges the President to submit to the House and the Senate, not later than September 30, 1984, a comprehensive plan to balance the Federal budget. Requires the Committee on the Budget of each House to report, by April 15, 1985, and by April 15 of each year, a balanced budget for the upcoming fiscal year. Requires the chairmen of the budget committees and an individual designated by the President to meet from time to time and agree upon common economic and technical estimating assumptions which shall be used for the preparation and reestimation of the President's budget. Establishes a commission which shall: (1) review, with respect to FY 1986, the balanced budget proposal submitted by the President and the budgets reported by the Committees on the Budget; (2) study the effectiveness of the provisions of this Act in achieving balanced Federal budgets; and (3) make recommendations for further changes which may be necessary to achieve balanced Federal budgets. Requires the commission to transmit to the President and Congress a report not later then December 31, 1986, containing a detailed statement of its findings, conclusions, and recommendations for such legislation and administrative actions as it considers appropriate. Terminates the commission 30 days after the submission of such report.
United States · United States Congress · 31 July 1984
Construction Industry Labor Law Amendments of 1984 - Amends the National Labor Relations Act to provide that in the construction industry two or more business entities engaged in the same or similar work with common ownership or control shall be deemed a single employer. Applies the terms of a collective bargaining agreement regarding employees of such business entities to all other business entities comprising the same single employer within the geographical area covered by the agreement. States that collective bargaining agreements may only be repudiated after the National Labor Relations Board certifies election results in which a majority of the employees select a bargaining representative other than the representative with whom such agreement was made.
United States · United States Congress · 31 July 1984
Amends the Railroad Retirement Act of 1974 to eliminate reductions in cost of living increases for railroad retirees, and railroad spouse and survivors' annuities, as a result of increases in certain social security benefits.
United States · United States Congress · 26 July 1984
Expresses the sense of the Congress that the President should: (1) consider appointing a high level official as the President's personal representative in seeking a solution to the Cyprus conflict and the differences between Greece and Turkey with regard to the control of the Aegean Sea; (2) call upon Turkey to withdraw its forces and colonists from Cyprus; and (3) pursue every appropriate avenue to seek a prompt resolution.
United States · United States Congress · 25 July 1984
Amends the Internal Revenue Code to repeal rules relating to the determination of the issue price of certain debt instruments issued for property. Amends the Tax Reform Act of 1984 to repeal the revisions made to rules for the imputation of interest on certain deferred payments. Provides that the Internal Revenue Code shall be applied and administered as if such revisions had not been enacted.
United States · United States Congress · 25 July 1984
States that the House of Representatives disapproves the appointment of Anne M. Burford as Chairperson of the National Advisory Committee on Oceans and Atmosphere, and urges the President to withdraw her appointment.
United States · United States Congress · 24 July 1984
Handicapped Children's Protection Act of 1984 - Amends the Education of the Handicapped Act to authorize the award of a reasonable attorney's fee as part of the costs to a parent or legal representative of a handicapped child or youth who is the prevailing party in a civil suit under such Act to protect the child's right to a free appropriate public education. Provides that such amendment shall apply to actions and proceedings brought on or after July 4, 1984, and actions and proceedings brought prior to such date which were pending on such date. Provides that nothing in the Education of the Handicapped Act shall be construed to restrict or limit the rights procedures and remedies under the Constitution, title V of the Rehabilitation Act of 1973, or other Federal statutes prohibiting discrimination.
United States · United States Congress · 28 June 1984
Requires the Secretary of Health and Human Services to conduct a study on the collection of information by the Department of Health and Human Services in order to determine what information is being collected from the same class of individuals more than once. Requires the Secretary to report to Congress on such study by a specified date. Requires that such report include detailed recommendations for collecting information more efficiently and reducing information collection that is duplicative.
United States · United States Congress · 28 June 1984
Commission on Poverty Definition Reform Resolution - Establishes the Commission on Poverty Definition Reform. Directs the Commission to: (1) describe the development nature, and functions of Federal poverty definitions; (2) examine the adequacy of current Federal poverty thresholds in reflecting poverty in the United States; (3) determine the types and adequacy of the data bases used by the Government for calculating poverty; (4) evaluate all current efforts to value noncash benefits which may influence the determination of the Federal poverty status of an individual or group; (5) compile a list of Federal and State programs which are linked to any Federal or State poverty definition; (6) develop, assess, and conduct public hearings on options for measuring poverty; and (7) report to Congress recommendations on methods of measuring poverty which ensure that federally established poverty levels accurately reflect the true nature and extent of poverty. Grants the Commission subpoena power. Directs the Commission to submit to Congress an interim report one year after it is organized and a final report two years after it is organized. Terminates the Commission 30 days after it submits its final report. Requires expenses of the Commission to be paid from the contingent fund of the House of Representatives.
United States · United States Congress · 26 June 1984
Reaffirms that it is U.S. policy to oppose the practice of torture by foreign governments through the implementation of laws and through public and private diplomacy. Requests the President to: (1) instruct the U.S. representative to the United Nations to continue to raise the issue of torture by such governments; and (2) continue to involve the U.S. Government in the formulation of international standards, particularly the draft Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Requests the Secretary of State to issue specified formal instructions to each U.S. mission chief regarding U.S. policy with respect to such torture. States that the Secretary of Commerce should continue to enforce the current restrictions on the export of crime control equipment pursuant to the Export Administration Act of 1979. Directs the heads of U.S. departments that furnish military and law enforcement training to foreign personnel to include in such training instruction regarding international human rights standards with respect to torture.
United States · United States Congress · 20 June 1984
Designates August 1, 1984, as Helsinki Human Rights Day. Authorizes and requests the President to issue a proclamation reasserting the American commitment to full implementation of the human rights and humanitarian provisions of the Helsinki Accords. Requests the President to raise the issue of noncompliance with such provisions with the Soviet Union and Eastern European countries at every available opportunity.
United States · United States Congress · 19 June 1984
Directs the Secretary of Health and Human Services, in consultation with specified agencies, to conduct at least ten demonstration projects to determine the feasibility of providing for alternative Medicare benefits for individuals entitled to Medicare benefits who are diagnosed as suffering from Alzheimer's disease or a related memory disorder. Directs the Secretary, in conducting such projects, to consider: (1) alternative benefits that encompass a range of outpatient services that are particularly appropriate to individuals suffering from such a progressive, chronic illness; and (2) providing alternative benefits in a manner that is analogous to the manner in which benefits for hospice care are made available under Medicare. Limits the cost of each such project. Provides for the paying for such projects.
United States · United States Congress · 19 June 1984
Directs the Secretary of Health and Human Services, regarding Alzheimer's disease and related disorders, to: (1) promote the establishment of family support groups; (2) provide for a national coordinating network; and (3) report to Congress within one year.
United States · United States Congress · 18 June 1984
Designates the week beginning February 17, 1985, as a time to recognize the contributions of volunteers who give their time to become Big Brothers and Big Sisters to youths in need of adult companionship.
United States · United States Congress · 14 June 1984
Criminal Fine Enforcement Act of 1984 - Amends the Federal criminal code in regard to the collection and payment of fines and penalties. Provides that a judgment may direct imprisonment until a fine or penalty is paid if the court finds that the defendant has the present ability to pay such fine or penalty. States that a judgment imposing the payment of a fine or penalty is a lien in favor of the United States and it applies to all property of the defendant other than property exempt from levy under the Internal Revenue Code. States that payment of a fine is due immediately unless the court requires payment by installment or by any date certain. Allows the Attorney General to make payment due immediately upon the default of any installment payment. Requires the defendant to pay interest at a rate of 1.5 percent per month on any amount of a fine or penalty that is past due (plus an extra 25 percent if the delinquency extends beyond 90 days). Allows the Attorney General and the Director of the Administrative Office of the U.S. Courts to provide by regulation that fines for specified categories of offenses be paid to the clerk of the court. Provides that if the fine is imposed on an organization, payments are authorized from the assets of the organization; but if the fine is imposed on a director, officer, employee, or agent of the organization, payment shall not be authorized from organization assets unless expressly permitted by State law. Requires a defendant to pay a fine made a condition of probation even after the probation's end. Provides penalties for criminal default on a fine. Lists factors that the court must consider in determining whether to impose a fine, including: (1) the ability of the defendant to pay; (2) the burden that payment will impose on the defendant; and (3) any restitution or reparation made by the defendant. States that if a defendant has the obligation to make restitution to a victim of the offense, the court shall impose a fine only to the extent that such fine will not impair the ability of the defendant to make restitution. Increases the maximum fine levels for certain felonies, misdemeanors, and offenses which result in pecuniary gain. Provides a procedure for establishing security if a fine is stayed. Conditions parole upon a diligent effort to pay a fine. Increases the fine for the commission of a misdemeanor to $5,000 for an individual and $10,000 for an organization.
United States · United States Congress · 14 June 1984
Cancer Patients Employment Rights Act - Amends the Civil Rights Act of 1964 to make it an unlawful employment practice for an employer, employment agency or labor organization to: (1) require an employee or prospective employee with a cancer history to meet certain medical standards unrelated to job requirements; or (2) reveal any confidential medical information without consent. Makes it an unlawful employment practice for an employer to fail to make a good faith effort to explore where reasonable accommodations may be made for an employee with a cancer history. Provides that it shall not be an unlawful employment practice to fail or refuse to hire or to discharge an employee: (1) if the employer demonstrates no reasonable accommodation can be made; or (2) the employee is unable to perform the job safely. Includes cancer history within the protections of the Civil Rights Act of 1964.
United States · United States Congress · 14 June 1984
Alzheimer's Disease and Related Disorders Treatment Act of 1984 - Directs the Secretary of Health and Human Services to designate 20 centers for the treatment of Alzheimer's disease and related disorders. Requires such centers to: (1) provide a central facility for diagnosis, evaluation, and counseling; (2) develop standards of treatment and methods of delivering cost-effective services; (3) train professionals and nonprofessionals in diagnosing and treating such disorders; and (4) develop a comprehensive acute and long-term treatment program. Authorizes FY 1985 through 1989 appropriations. Directs the Secretary to make $1,000,000 available to each center for each of at least five years for teaching, training, research, and staffing. Permits eligible persons to elect to receive benefits as provided for by this Act rather than under titles XVIII (Medicare), XIX (Medicaid), or XX (Grants to States for Service) of the Social Security Act, or under the Older Americans Act of 1965.
United States · United States Congress · 13 June 1984
Amends the Federal criminal code to define "armor piercing ammunition." Excludes from the definition: (1) shot gun shot required by Federal or State regulations for hunting; (2) frangible projectiles for target shooting; and (3) projectiles that the Secretary of Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor piercing ammunition. Allows for: (1) the manufacture or importation of armor piercing ammunition for the use of the United States or any State or local government; and (2) manufacture for the sole purpose of exportation. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Imposes an additional mandatory sentence of not less than five years for any person who uses or carries a firearm and is in possession of armor piercing ammunition during the commission of a violent felony. Provides that such sentence shall not be suspended nor probation nor parole granted.
United States · United States Congress · 6 June 1984
American Footwear Act of 1984 - Limits the imports of nonrubber footwear to 400,000,000 pairs per year. Directs the Secretary of Commerce (the Secretary) to allocate the import limitations among foreign countries, taking into consideration: (1) average levels of imports for the period 1978 through 1982; (2) findings of unfair trade practices with respect to nonrubber footwear products; and (3) recent market trends. Requires the Secretary to publish annually in the Federal Register the permissible level of imports by country, groups of countries, or area. Directs the Secretary and the Secretary of the Treasury to take all necessary actions to enforce this Act. Authorizes the Secretaries to issue such implementing regulations as necessary to effect the purposes of this Act and to enforce its provisions.
United States · United States Congress · 31 May 1984
Expresses the sense of Congress that television and radio networks and stations broadcasting coverage of the XXIII Olympiad should include public service announcements or other informational programming warning young people of the dangers of alcohol and drug abuse.
United States · United States Congress · 30 May 1984
Secondary School Basic Skills Act - Establishes a program of grants to local educational agencies (LEAs) having especially high concentrations of children from low-income families to enable such agencies to provide more effective instruction in basic skills for economically disadvantaged secondary school students. Defines "basic skills" to include reading, writing, and mathematics computational proficiency as well as comprehension and reasoning. Authorizes appropriations for FY 1985 through 1990. Makes certain amounts of such appropriations available for specified activities and types of grants under this Act. Makes a secondary school eligible to receive assistance under this Act for program grants only if 20 percent or more of children aged 14 to 17, inclusive, who are enrolled in such school are counted under LEA basic grant provisions of the Elementary and Secondary Education Act of 1965 (ESEA), as modified by the Education Consolidation and Improvement Act of 1981 (ECIA). Requires that funds made available under this Act for program grants be used to develop new approaches to, and carry out, educational services and activities designed specifically to raise the basic skills of low achieving disadvantaged children. Authorizes the Secretary of Education, through the National Institute of Education (NIE) and from specified funds appropriated for program grants for FY 1985 through 1990, to make grants to LEAs, institutions of higher education, and other public agencies and nonprofit private organizations. Provides that such grants shall be made to such entities on behalf of and for the purpose of assisting eligible secondary schools to develop, implement, and carryout new approaches to achieving improved basic skills instruction of low- achieving economically disadvantaged secondary school students. Sets forth application requirements. Requires that the application be made on behalf of the eligible school by: (1) the LEA; or (2) an institution of higher education, public agency, or private nonprofit organization if such entity will provide educational services or conduct educational activities subject to the proposal. Requires applicants to assure their participation in a national evaluation. Requires that administrators and teachers in the eligible school participate in the preparation of the proposal. Requires that the appropriate State educational agency (SEA) review and comment on the application before submittal to the Secretary. Directs the Secretary to assure that: (1) eligible applicants represent various geographic regions of the country, including both rural and urban secondary schools within those various geographic regions; and (2) at least one demonstration grant is made in each State in each fiscal year, unless no applications are received from a State. Requires each LEA which desires to receive program grants under this Act to file with the Secretary an application containing specified assurances. Provides that each LEA and each institution of higher education, public agency, and private nonprofit organization applying on behalf of an eligible secondary school may receive payments for any fiscal year in which it files an application with the SEA. Sets forth requirements for such applications. Requires consultation with parents and teachers of low-achieving economically disadvantaged secondary school students in program design and implementation. Establishes a National Secondary School Basic Skills Panel in NIE to: (1) identify successful model programs; and (2) advise the Secretary with respect to specified aspects of program grant applications and proposals. Directs the Secretary, through NIE, to annually conduct a national evaluation of the effectiveness and the implementation of program grants. Requires that such assessment results be submitted to Congress and disseminated to SEAs, LEAs, State legislatures, and Governors. Directs the Secretary, through NIE, to monitor grants and coordinate activities under this Act with other research activities conducted by NIE and through the Office of Educational Research and Improvement. Authorizes NIE, once program grants are awarded, to provide eligible recipients with technical assistance. Prohibits the Secretary from disapproving an LEA application without affording notice and opportunity for a hearing. Directs the Secretary to make payments as expeditiously as possible after approval of applications. Prohibits any grant from being made with respect to any eligible secondary school for more than two fiscal years unless there is: (1) an improved performance of the targeted secondary school students at the school on a State approved basic skills test; or (2) a decrease in the dropout rate at the school. Directs the Secretary to prescribe regulations relating to such prohibition.
United States · United States Congress · 17 May 1984
Expresses the sense of the Congress that: (1) the parties in the New Ireland Forum are to be commended for their efforts to promote reconciliation of the two communities in Northern Ireland; and (2) all political parties in Northern Ireland and the British and Irish Governments should review the findings and recommendations of the Forum.
United States · United States Congress · 10 May 1984
Superfund Expansion and Protection Act of 1984 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) (the Act) to revise the definition of "hazardous substance" to include petroleum (including crude oil or any fraction thereof) which: (1) is released from an underground storage tank (as defined in title IV of this title); or (2) may present a significant risk to human health. Transfers the definition of "pollutant or contaminant" from under provisions for response authorities under the Act to among the definitions for purposes of the entire Act. Provides that such term shall include petroleum (including crude oil or any fraction thereof) only in the case of a release from an underground storage tank as defined in title IV of this title. Adds references to "pollutants or contaminants" under specified provisions of the Act. Directs the Administrator of the Environmental Protection Agency (EPA) (the Administrator) to promulgate regulations, within six months after enactment of this Act, establishing that one single quantity shall be the reportable quantity of any hazardous substance regardless of the medium into which the hazardous substance is released. Increases the amount of criminal fines and the duration of criminal sentences for specified violations under the Act. Adds civil penalties for specified violations under the Act. Revises response authorities provisions to transfer from the President to the Administrator the authority to determine whether a response action will be done properly by the responsible party. Authorizes the Administrator, as well as the President, to undertake response actions. Requires that any removal action undertaken by the Administrator, or by any responsible party, be consistent, to the extent practicable, with any long term remedial action with respect to the release or threatened release. Directs the Administrator, to the maximum extent possible, to assess the risk to human health associated with the release or threatened release. Revises response authorities provisions relating to agreements with States. Requires States to make specified agreements with the Administrator, rather than with the President. Eliminates the requirement that a State assure all future maintenance of the removal and remedial actions provided for the expected life of such actions. Requires the State to pay ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action. Requires a 50 percent or greater State share of response costs only in the case of facilities operated, as well as owned, by the State or local government at the time of hazardous waste disposal. Requires the State to also pay all future operation and maintenance costs of any onsite remedial action at such State or locally owned and operated facilities. Provides for credits to any State which has paid more than a ten percent share of remedial costs at a facility owned, but not operated, by such State or local government. Provides that reasonable administrative expenses may be credited against a State's ten percent share. Sets forth mandatory cleanup standards. Directs the Administrator, rather than the President, to select appropriate cost-effective remedial actions determined to be necessary. Requires that such actions be in accordance with: (1) the National Contingency Plan, to the extent practicable; and (2) a required protection level. Directs the Administrator, in evaluating the cost-effectiveness of a remedial action, to consider permanent solutions and alternative treatment technologies to the maximum extent practicable. Requires that the remedial action provide for a level or standard of control necessary to protect human health and the environment. Requires that such level or standard be as stringent as the most stringent applicable standard under the Toxic Substances Control Act, Safe Drinking Water Act, Clean Air Act, or Clean Water Act (or water quality criteria under the Clean Water Act). Requires that any remedial action which provides for containment at the facility comply with standards applicable to facilities required to obtain hazardous waste management permits under the Solid Waste Disposal Act. Authorizes the Administrator to waive the requirement of the most stringent applicable standard, or of the specified containment standard, and to select an alternative remedial action upon a finding that: (1) such alternative remedial action will provide substantially equivalent protection; or (2) compliance with such requirements at that facility will consume such a disproportionate share of the resources of the Hazardous Substances Trust Fund (the Fund) as to have the effect of deferring or preventing remedial action at other facilities which pose a significantly greater threat to human health and the environment. Prohibits permit requirements for any removal or remedial action undertaken pursuant to the Act at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for required protection level. Revises provisions for information gathering and access authorities to refer to the Administrator, rather than the President. Applies specified information requirements to generators of hazardous wastes, even if such information is available at the facility where such waste is located. Provides for access to such facilities by duly designated Federal and State officers, whenever necessary to carry out any provision of the Act, at reasonable times and for a reasonable duration. Prohibits anyone from impeding or interfering with such entry. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles sufficient to establish the likely effect on human health of at least 100 hazardous substances which are most frequently found or which pose the most significant threat to human health at facilities listed on the National Priorities List prepared under the National Contingency Plan. Requires that the 100 profiles be completed 48 months after enactment of this Act (at 12-month intervals for four groups of 25 substances). Adds new provisions for public participation in remedial action planning. Sets forth mandatory remedial action schedules. Directs the Administrator (of EPA) to commence remedial investigations for all facilities which are listed, as of the enactment date of this Act, on the National Priorities List (NPL) in accordance with the following schedule: (1) one-third of such facilities within six months after such enactment date; (2) two-thirds within 12 months after such date; and (3) all within 18 months after such date. Directs the Administrator to list not fewer than 1,600 facilities on the NPL by January 1, 1988. Directs the Administrator to commence remedial actions and feasibility studies for each facility added to the NPL after the enactment date of this Act within six months after addition of such facility to the NPL. Directs the Administrator to ensure that substantial and continuous physical on-site remedial action commences at facilities on the NPL at a rate of not fewer than 150 facilities per year beginning on October 1, 1986. Directs the Administrator to complete by January 1, 1987, preliminary assessments of all sites listed, as of the enactment date of this Act, on the Emergency and Remedial Response Information System. Directs the Administrator to ensure that remedial action is completed, to the maximum extent feasible, for all facilities listed as of the date of enactment of this Act on the NPL within five years after such enactment date. Directs the Administrator to publish an explanation of why any such remedial action could not be completed within such period. Sets forth provisions for citizen petitions for health effects studies and for emergency relief. Allows any individual or group of individuals to submit a petition to the Administrator providing evidence which: (1) demonstrates that such individual or individuals are being exposed to any hazardous substance; and (2) provides an empirical analysis of the level of exposure. Directs the Administrator to initiate a health effects study upon determination that: (1) there is a reasonable likelihood that such substance is from a facility where such substance is or was treated, stored, recycled, or disposed of, on a regular basis, or where removal action is being or was taken under any provision of the Act; and (2) the exposure may present a significant risk to human health. Directs the Administrator (or the ATSDR Administrator if so designated by the Administrator), within 30 days after receipt of such petition, to: (1) initiate a health effects study; or (2) publish a written explanation of the determination which prevented initiation of the study. Requires that each such health effects study be completed within six months after the date the petition is filed and include specified information. Requires that steps be taken to eliminate any significant risk to human health which such study finds the exposure concerned presents. Provides that such steps may include provision of alternative drinking water supplies and relocation of individuals. Requires that the National Contingency Plan (NCP) be revised within 18 months after the enactment of this Act to reflect the amendments made by this Act. Requires that the portion of the NCP known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for remedial actions consistent with protection level requirements under this title. Sets forth provisions for citizen petitions for site ranking. Directs the Administrator, within 12 months after receipt of a citizen petition, to complete a preliminary assessment of the hazards to public health and environment associated with any actual or threatened release of a hazardous substance or pollutant or contaminant. Directs the Administrator, if such assessment indicates a significant threat, to make a prompt evaluation in accordance with the hazard ranking system referred to under specified provisions of the Act to determine the national priority of such release or threatened release. Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall also take into account: (1) the release-associated damage to natural resources which may affect the human food chain; and (2) the release-associated contamination or potential contamination of the ambient air. Sets forth provisions for abatement actions. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish specified guidelines for using imminent hazard, enforcement, and emergency response authorities to effectuate the responsibilities and powers created by this Act. Authorizes the Administrator to establish administrative procedures regarding the opportunity for a person to object to an abatement order under this title. Provides that no court shall have jurisdiction to review any such abatement order in any action other than an action to: (1) enforce such order; (2) recover a penalty for a violation; or (3) recover punitive damages. Revises liability provisions to provide for liability for Federal or State costs of removal or remedial action with respect to a release or threatened release (whether or not such action is consistent with the NCP). Adds liability for Federal or State costs of information gathering with respect to a release or threatened release. Adds liability for the costs of any action taken by the Administrator, under specified citizens petition and emergency relief provisions of this Act, to eliminate a significant risk to human health presented by exposure to a hazardous substance, pollutant, or contaminant and the costs of any health effects study carried out under such provisions with respect to such exposure. Provides that liability under the Act (CERCLA) shall be strict, joint, and several as construed and applied under specified provisions of the Federal Water Pollution Control Act and under these CERCLA liability provisions. Provides that amounts recoverable shall include interest at a specified rate. Prohibits the Attorney General from representing any Federal agency (other than the EPA) in any civil action under title I (Hazardous Substances Releases, Liability, Compensation) of the Act (CERCLA). Authorizes the head of any such Federal agency to appoint agency attorneys or contract with non-Federal attorneys to represent the agency in any such action. Provides that, in any action under liability provisions of the Act, the results of laboratory tests conducted by the Administrator (or by a State) to determine what substances are present at the facility where a release or threatened release occurs may be introduced into evidence and shall be presumed to be accurate. Provides that such presumption shall be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Adds to authorized uses of the Fund the payment of any costs incurred under provisions of this Act: (1) relating to emergency relief and health effects studies; (2) by the ATSDR in preparing specified toxicological profiles; and (3) by the Administrator in evaluating facilities pursuant to petitions for preliminary assessments of hazards to public health. Eliminates a requirement that 85 percent of specified money credited to the Fund be available only for specified purposes. Limits to six percent of such money the amount available for payment of specified claims. Revises audit provisions to direct the Inspector General of the EPA, in each fiscal year, to: (1) conduct an annual audit of the Trust Fund; (2) report on the status of all remedial and enforcement actions taken during the prior fiscal year; and (3) estimate the amount of resources, including the number of work years or personnel, which would be necessary for the Administrator to complete the implementation of all duties vested in the Administrator under this title. Requires that such audit and such status report: (1) include specified information; and (2) be reported annually by the Inspector General to the Congress. Prohibits any potentially liable person from seeking judicial review of any determination to incur any governmental response costs pursuant to response authorities provisions or to utilize the Fund for payment of such costs except in an action to recover such costs under liability provisions. Revises statute of limitations provisions under the Act. Prohibits, with specified exceptions for minors or incompetent persons, presentation of any claim or commencement of any action for damages, as defined under the Act, beyond three years after the later of: (1) the date of the discovery of the loss; (2) the date on which regulations are promulgated under specified provisions for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act; or (3) the date on which regulations are promulgated establishing procedures for the filing of such claims. Sets a statute of limitations of six years after the date of the completion of the response action for presentation of claims or commencement of actions for recovery of response costs in cases involving the responsible person's willful misconduct or willful negligence, violation of safety, construction, or operating standards or regulations, or failures or refusals to provide reasonable cooperation and assistance requested by public officials. Extends the deadline for promulgation of regulations for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or a hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act. Sets forth provisions concerning the relationship of this Act to other law. Authorizes States to require any person to contribute to any fund to pay compensation for claims for any response costs or damages or claims which may be compensated under the Act. Title II: Federal Cause of Action - Subtitle A: Federal Cause of Action - Establishes a Federal cause of action for damages to an individual which result from harm caused by a release of a hazardous substance from specified facilities. Allows the individual or the individual's dependents to sue for compensable damages under this title. Makes liable for such damages: (1) the owner or operator of a vessel (otherwise subject to the jurisdiction of the United States) or a facility; (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substance was disposed of; (3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility owned or operated by another party or entity and containing such hazardous substances; and (4) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities or sites selected by such person. Makes such liability strict. Makes such liability joint and several, with specified exceptions. Sets forth defenses to such strict liability. Makes the following damages compensable under this title: (1) any medical expenses, rehabilitation costs, or burial expenses due to personal injury, illness, or death; (2) any loss of income or profits or any impairment or loss of earning capacity due to personal injury, illness, or death; (3) any pain or suffering which results from personal illness, injury, or death; and (4) any economic loss and any damages to property, including diminution in value. Provides for jurisdiction over such Federal cause of action in U.S. district courts. Provides that such Federal jurisdiction shall not affect the jurisdiction of any State court with respect to any action. Authorizes the court to award litigation costs where appropriate. Provides that nothing in this title shall be construed to preempt, or otherwise affect, any provision of State law regarding liability for damages in connection with any hazardous substance. Subtitle B: General Provisions - Sets forth a three-year statute of limitations, with specified exceptions for minors or incompetent persons, for actions under this title beginning on the later of: (1) the date the individual knew (or reasonably should have known) that the injury, illness, or death or other expense was caused by the hazardous substance concerned; or (2) the date of enactment of this title. Prohibits any person who is an employee covered by a State or Federal worker's compensation plan which compensates employees for an injury, illness, or death arising out of and in the course of employment (or pursuant to similar tests of work-relatedness) from recovering any amount under this title for such injury, illness, or death. Title III: Miscellaneous Provisions - Eliminates provisions under the Act (CERCLA) relating to a legislative veto. Authorizes citizen lawsuits under the Act (CERCLA). Sets forth provisions relating to such citizen lawsuits. Title IV: Regulation of Underground Storage Tanks - Establishes a program for identification and regulation of underground storage tanks containing hazardous substances (including petroleum products), and for cleanup of leaks from such tanks. Defines "hazardous substance" for purposes of this title as: (1) any substance designated pursuant to specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated pursuant to the CERCLA definition of "pollutant or contaminant," as added by this Act; (3) any hazardous waste having the characteristics identified under or listed pursuant to hazardous waste management provisions of the Solid Waste Disposal Act (but not including any waste the regulation of which under such Act has been suspended by Act of Congress); (4) any toxic pollutant listed under specified provisions of the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under specified provisions of the Clean Air Act; (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to specified provisions of the Toxic Substances Control Act; and (7) any petroleum product or fraction thereof. Excludes from such term natural gas, natural gas liquids, propane, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Defines "underground storage tank" to include underground pipes connected to such a tank, and lists the following exclusions from this term: (1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored; (3) residential septic tanks; (4) pipelines regulated under the Natural Gas Pipeline Act of 1968; or (5) surface impoundments, pits, ponds, lagoons, or basins. Sets forth notification requirements applicable to any person who, during the calendar year immediately preceding the calendar year in which this title was enacted, has supplied any hazardous substance to 100 or more sites where there is an underground storage tank which is or has been used for the storage of any hazardous substance. Requires such persons to notify a designated State or local agency of the existence of any such tank located at such a site. Directs the Administrator, within eight months after the enactment date of this Act, to promulgate regulations (taking into account the effect on small business) regarding the providing of notice to obtain information concerning any such tanks which are not located at such sites. Requires that the notice required of such persons supplying hazardous substances to 100 or more sites where such tanks are located be provided within 12 months after the enactment of this title. Requires that the notice required with respect to all other sites where such tanks are located be provided within 12 months after the promulgation of such regulations. Requires that specified information be contained in those notices required of the suppliers to 100 or more sites and in those notices required of owners or operators which install or bring into use an underground storage tank after the enactment of this Act. Sets forth other information requirements for notices required of the suppliers to 100 or more sites, and for notices required pursuant to regulations for tanks at other sites, in the case of any such tank used for such storage prior to the enactment of this Act but taken out of operation before such enactment date (but after January 1, 1974). Provides that notice shall not be required under this title in the case of any tank for which notice was given pursuant to specified provisions of CERCLA. Requires any owner or operator which installs or brings into use an underground storage tank after the enactment of this Act to notify the designated State or local agency within a specified period. Directs the Governor of each State, within 90 days of such enactment date, to designate the appropriate State or local agencies to receive such notifications. Directs the Administrator, within 180 days of such enactment date and in consultation with designated State and local officials, to prescribe in greater detail the form and content of such notifications. Provides that, if a Governor chooses not to designate a State or local agency for such purpose, such notifications shall be submitted to the Administrator. Requires the State, if such notifications are submitted to a designated State or local agency, to compile the submitted information into a comprehensive inventory and furnish such inventory to the Administrator within 18 months of such enactment date. Sets forth provisions for release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks used for storing hazardous substances. Directs the Administrator to promulgate such regulations after opportunity for public comment and within 18 months after enactment of this title. Requires that such regulations include requirements respecting specified areas, including: (1) leak detection or inventory systems and tank testing; (2) records of such testing, inventory, or detection; (3) reporting releases and corrective actions; (4) standards of performance for new underground tanks, including specified requirements; (5) corrective actions; (6) closure to prevent future release; and (7) evidence of financial responsibility for taking corrective action and for bodily injury and property damage to third parties. Prohibits, until the effective date of such regulations and after 180 days from the enactment of this Act, any person from installing or beginning to use an underground storage tank to store hazardous substances unless such tank is cathodically protected against corrosion, constructed of a noncorrosive material, or contained in a manner designed to prevent the release into the environment of any stored hazardous substances. Sets forth provisions for the Administrator's review and approval of State programs for underground storage tank release detection, prevention, and correction. Requires the State to demonstrate that the State program is equivalent to the Federal program under this title and that it provides for adequate enforcement of compliance with program requirements. Requires that a State's new tank standards be no less stringent than the performance standards promulgated by the Administrator pursuant to this title. Provides for notice and opportunity for public comment before determinations concerning approval of State programs are made. Gives States with approved programs primary enforcement responsibility for requirements related to control of underground storage tanks used to store hazardous substances. Provides for withdrawal of approval upon the Administrator's determination, after public hearing, that a State is not administering and enforcing the program in accordance with specified requirements. Sets forth provisions relating to inspections, monitoring, and testing. Sets forth provisions for confidentiality of information, and criminal penalties for violations of such confidentiality. Requires that all information reported to, or otherwise obtained by, the EPA under this title be made available, upon written request, to any duly authorized committee of the Congress. Sets forth provisions for Federal enforcement of requirements under this title. Sets forth civil penalties for specified violations. Makes requirements under this title applicable to Federal facilities. Authorizes the President to grant exemptions from such requirements upon determination that it is in the paramount interest of the United States to do so. Requires the President to report annually to Congress on such exemptions and the reasons for granting them. Provides that nothing in this Act shall preclude or deny any State or local authority to regulate more stringently underground storage tanks used to store hazardous substances. Directs the Administrator, within 36 months after the enactment of this title, to study the following underground storage tanks exempted under the definition of "underground storage tanks": (1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; and (2) tanks used for storing heating oil for consumptive use on the premises where stored. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of the study, with recommendations as to whether or not such tanks should be subject to regulation under this title. Title V: Amendments of the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to increase the environmental tax on petroleum from 0.79 cent to 4.5 cents a barrel, effective October 1, 1985. Extends the period before such tax is terminated until September 30, 1990. Repeals specified CERCLA sunset provisions relating to expiration of the authority conferred by CERCLA to collect environmental taxes. Repeals specified provisions of the Hazardous Substance Response Revenue Act of 1980 relating to the Post-Closure Tax and Trust Fund, and the amendments made by such provisions. Repeals specified CERCLA provisions relating to the Post-Closure Liability Fund. Requires that all sums credited to the Post-Closure Liability Trust Fund established under the Hazardous Substance Response Revenue Act of 1980 which have not been obligated prior to the date of enactment of this title shall be refunded to the persons who paid taxes under specified provisions of the Internal Revenue Code. Requires that such funds be made on a ratable basis in proportion to the total amount of such taxes which were paid by each such person. Adds provisions for a waste end tax, effective January 1, 1987, to Internal Revenue Code provisions for environmental taxes. Imposes such waste end tax on the disposal of any hazardous substance, if such disposal is required to be carried out in compliance with hazardous waste management provisions of the Solid Waste Disposal Act. Sets the amount of such waste end tax in the case of: (1) any hazardous substance for which there is in effect under specified CERCLA regulations a reportable quantity of one pound or less, at $15 for each metric ton disposed of by underground injection and $30 for each metric ton not disposed of by such method; (2) all hazardous substances for which there is in effect under specified CERCLA regulations a reportable quantity of more than one pound, at $5 for each metric ton disposed of by underground injection and $10 for each metric ton not disposed of by such method. Provides that, in the cases of mixtures of hazardous substances with reportable quantities of one pound or less and those with reportable quantities more than one pound, the entire mixture shall be deemed to have a reportable quantity of one pound or less. Requires the owner or operator of the facility to pay such waste end tax with respect to the disposal of any hazardous substance at a facility for which a permit is in effect under the hazardous waste management provisions of the Solid Waste Disposal Act. Requires the person disposing of the hazardous substance to pay such waste end tax with respect to any other disposal of any hazardous substance. Provides that such waste end tax shall not apply after September 30, 1990. Sets forth exemptions from such waste end tax. Provides that such tax shall not apply to the disposal of: (1) any substance by incineration in accordance with the standards applicable to incineration facilities under hazardous waste management provisions of the Solid Waste Disposal Act; (2) any substance by any person in the course of carrying out any removal and remedial action under CERCLA; or (3) any solid waste which is required to be studied under specified provisions of the Solid Waste Disposal Act unless, after the completion of the studies, a law is enacted subjecting such waste to the waste end tax. Sets forth definitions and special rules relating to such waste end tax, including rules treating waste as disposed of not later than one year after generation and as generated not earlier than the date such waste is identified as hazardous, and a rule imposing a fraction of the tax for a fraction of a metric ton of waste. Amends the Hazardous Substance Response Revenue Act of 1980 to provide that revenues from such waste end tax shall be deposited in the Hazardous Substance Response Trust Fund. Amends Internal Revenue Code provisions relating to the environmental tax on certain chemicals (and metals). Increases the rate of such tax on most chemicals on the list (but decreases such tax rate for methane). Adds other chemicals (and metals) to such tax list. Eliminates the listings of zinc chloride and zinc sulfate, but adds zinc to the list for purposes of such tax. Revises the exemption for substances derived from coal from such tax on chemicals to provide that the following substances shall not be exempt from such tax: benzene, tolvene, xylene, naphthalene, tars, and light oils. Expands the exemption for substances used in the production of fertilizer from such tax on chemicals to include as qualified substances specified substances which are sold for resale by any purchaser for use or for resale for ultimate use in a qualified use. Makes such amendments relating to the tax on certain chemicals effective on October 1, 1985. Amends the Hazardous Substance Response Revenue Act of 1980 to revise provisions relating to the Hazardous Substance Response Trust Fund (the Fund). Authorizes appropriations to the Fund for FY 1986 through 1990. Expands the scope of authorized expenditures from the Trust Fund by authorizing expenditures for other costs described under specified CERCLA provisions. Increases from 85 percent to 94 percent the Fund amounts reserved for expenditures for specified purposes. Revises provisions relating to the Fund's authority to borrow repayable advances. Extends through March 31, 1988, the period during which advances may be made for payment of response costs. Extends through September 30, 1990: (1) the period during which other advances may be made to the Fund; and (2) the deadline for final repayment of all advances to the Trust Fund.
![Official portrait of Rep. Dwyer, Bernard J. [D-NJ-6]](https://www.congress.gov/img/member/d000586_200.jpg)