United States · United States Congress · 24 May 1983
Domestic Automobile Industry Revitalization Act - Title I: United States Automobile Industry Advisory Council and Formulation of a Comprehensive Domestic Automobile Industry Strategy - Establishes in the Department of Commerce the United States Automobile Industry Advisory Council to assist the Secretary of Commerce in formulating and implementing a comprehensive domestic automobile industry strategy. Directs the Secretary to formulate such strategy, including measures to: (1) reduce or offset tax and production cost advantages accruing to foreign motor vehicle manufacturers on domestic and foreign sales; (2) extend assistance to workers unemployed in the domestic automobile industry; (3) improve the availability of capital to the industry and credit to motor vehicle purchasers; (4) provide research and development assistance to the industry; (5) enhance the sales of the industry in interstate and foreign commerce; and (6) eliminate or reduce the cost disadvantages and market uncertainties resulting from misalinements and fluctuations in currency exchange rates. Sets forth analyses for the Secretary to carry out on a continuing basis to form data on which to base the strategy. Requires the Secretary to report annually to the President, the House Committee on Energy and Commerce, and the Senate Committee on Commerce, Science, and Transportation (the Committees) on the implementation and results of the strategy, including legislative recommendations. Title II: Import Relief for the Domestic Automobile Industry - Requires the United States International Trade Commission, within 30 days of enactment of this Act, to begin investigating whether automobile products are being imported in such quantities as to be a substantial cause of serious injury, or a threat of serious injury to the domestic automobile industry. Directs the Commission to report its findings to the President and the Committees. Provides, in the event that a serious injury, or threat of serious injury exists, for the implementation of one or of the following remedial actions: (1) the imposition of domestic content ratios on vehicle manufacturers; (2) an increase in tariffs on imported automotive products; (3) the imposition of quotas or tariff-rate-quotas, on such products. Prescribes procedures by which the President may implement the recommended remedial actions or, if he notifies Congress that he will not take such action, that Congress may disapprove his decision and require him to take it. Prescribes procedures for imposing domestic content ratios. Sets forth procedures for the Commission to follow to modify such remedial actions after an annual review of their effectiveness. Title III: Miscellaneous Provisions - Establishes the Task Force on Currency Exchange Stabilization to undertake, within 60 days of enactment, an investigation of the impact of fluctuating and inequitable rates of exchange between the dollar and foreign currencies used in international trade. Directs the Secretary to report findings and recommendations to the Committees. Establishes the Study Group on Antitrust Law, Policies, and Unfair Practices Affecting the Domestic Automobile Industry to investigate impediments in such law, policies, and practices and report to the President and the Committees on legislative recommendations deemed appropriate. Directs the Secretary to develop recommended legislation to eliminate or reduce the tax advantages accruing to foreign manufacturers of automotive products and to encourage the production of domestic automotive products for export. Requires a report to the Committees and the President, within one year of enactment, on such recommendations. Authorizes appropriations.
United States · United States Congress · 24 May 1983
Expresses the sense of the Congress that the President should insist on Soviet compliance with the Helsinki accords and the United Nations' Declaration of Human Rights as they relate to the emigration of Soviet Jews.
United States · United States Congress · 23 May 1983
Amends the Fair Labor Standards Act of 1938 to: (1) remove the minimum wage floor for handicapped workers; and (2) link such workers' wages with worker productivity.
United States · United States Congress · 17 May 1983
Amends title XVIII (Medicare) of the Social Security Act to repeal provisions requiring the purchase rather than the rental of durable medical equipment if it appears that purchasing such equipment would be less costly and more practical than renting.
United States · United States Congress · 16 May 1983
Health Care for the Unemployed Act - Amends the Social Security Act to add a new title, Title XXI - Health Care for the Unemployed: Part A - Grants to States - Authorizes to be appropriated for FY 1984 - 1986 a sum sufficient to enable each State to furnish medical assistance to unemployed individuals and their immediate family. Requires a State, in order to receive funding, to have an approved State plan for medical assistance for the unemployed. Requires a State plan to: (1) meet specified administrative requirements of the State's Medicaid plan; (2) make medical assistance available to eligible individuals voluntarily enrolled during the individual's coverage period; (3) require the State unemployment compensation agency to inform unemployment compensation recipients of the plan and of group health plans, and to notify the State Medicaid agency of eligible unemployment compensation recipients; (4) provide the following services: (a) inpatient hospital services for up to nine days annually; (b) outpatient hospital, emergency, rural health clinic, and physician services for up to ten visits annually; (c) laboratory and x-ray services, subject to such limits as the Secretary of Health and Human Services shall establish; and (d) family planning and nurse mid-wife services; (5) provide for the imposition of premiums, enrollment fees, and similar charges; (6) provide that the plan will be secondary in payment to any other insurance or benefit plan providing medical assistance; and (7) provide that a State make reasonable efforts to determine the Medicaid eligibility of individuals enrolled in the plan who are not receiving unemployment compensation. Requires the Secretary to approve any plan meeting the above requirements, but precludes approval of any plan which: (1) excludes any U.S. citizen or any individual residing in the State; or (2) if approved, would result in a reduction of Medicaid services. Requires the Secretary to disapprove a plan if it reduces or eliminates Medicaid eligibility under its AFDC plan (Aid to Families with Dependent Children, part A of title IV of the Act) with respect to the unemployed parent program or the coverage of certain children. Provides that an individual is eligible for such medical assistance for a week if the individual: (1) is receiving unemployment compensation and three weeks have elapsed since the first week the individual received unemployment compensation; or (2) is not receiving unemployment compensation for the week, was receiving unemployment compensation for a week during the 104 week period ending with the week before the first week in which the plan is in effect and has not received unemployment compensation for any week in which the plan is in effect, and meets certain requirements relating to work availability. Makes an individual's family eligible if the individual is eligible. Requires a State plan to establish standards concerning whether or not an individual is employed. Requires an individual to be considered employed for a week if the individual's earnings equal or exceed an amount equal to 30 times the minimum hourly wage. Makes an individual ineligible for a week if: (1) the individual is covered under a group health plan for which a contribution is being made by someone other than the individual; (2) the individual is covered under his or her spouse's group health plan; (3) the individual is eligible for Medicaid; (4) the individual is employed for four consecutive weeks; or (5) the individual was disqualified because of fraud for unemployment compensation or convicted of a Medicaid offense in the previous year. Requires a State to impose: (1) a premium of between two and five percent of an individual's unemployment compensation; and (2) the same deduction, cost-sharing, and similar charges as imposed under Medicaid. Authorizes a State plan to provide an enrollee the option of receiving medical assistance with another health benefit plan. Authorizes a State to provide an eligible individual with the option of having the State make a cash payment for the premium of another plan. Sets forth the methods for determining payments to States. Makes provisions of title XIX relating to the operation of State plans applicable to title XXI. Sets forth definitions used in this part. Directs the Secretary, provided certain conditions are met, to grant a waiver to a State plan with respect to some or all of the Medicaid administrative requirements in the case of a State plan that enters into an arrangement with one or more private health benefits plans which provide health insurance or health benefits to all eligible individuals and which provide required benefits at a cost no greater than the premiums and other charges of the State plan. Makes specified provisions of title XIX and part A (General Provisions) of title XI of the Act relating to rural health clinics, fraud and abuse, Indian health service facilities, cost sharing, judicial and administrative review, capital expenditures, and administration applicable to this part. Part B: Open Enrollment, Continuation, and Conversion Rights of Individuals - Requires the group health plans of employers required to pay minimum wage and States and political subdivisions with 25 or more employees to meet the requirements of this part. Requires a group health plan to have an open enrollment period for each married employee eligible to enroll whose spouse loses coverage under a group health plan due to involuntary termination of the spouse's health plan. Requires a group health plan to provide continuation of coverage under the plan for at least 90 days following an individual's involuntary separation or layoff. Requires a State to provide an employee covered under an insured group health plan subject to State insurance law the option of securing health benefits coverage without evidence of insurability where the individual's loss of coverage under the group health plan results from the individual's involuntary layoff or separation from employment. Authorizes an individual or State adversely affected by the failure of an employer to comply with the requirements of this part to seek injunctive relief in a Federal district court. Part C: Assistance to Hospitals Serving the Unemployed - Directs the Secretary to make grants to hospitals to assist the hospitals in providing services to individuals unable to pay. Requires a hospital, in order to receive a grant, to: (1) be located in an area of high unemployment or serve primarily medically underserved populations; (2) serve a significantly disproportionate number of patients having low income; (3) provide services to individuals without regard to their inability to pay; and (4) offer assurances that it will use the grants in addition to, rather than in lieu of, existing Federal, State, and local funds. Directs the Secretary to report to Congress concerning the grants. Authorizes appropriations for such grants for FY 1983-1986. Establishes the effective date for part A of title XXI as July 1, 1983, with repeal as of October 1, 1986. Provides for the participation of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa in the plan established by this title.
United States · United States Congress · 12 May 1983
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for services necessary to determine the refractive state and visual function of an individual with a severe visual disability.
United States · United States Congress · 12 May 1983
Medicare Vision Act of 1983 - Provides coverage under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act for: (1) eye examinations for the purpose of prescribing, fitting, or changing eyeglasses; (2) procedures performed to determine the refractive state of the eyes; and (3) services performed by a doctor of optometry. Permits payment for services under part B for services performed by an optometrist, or services performed by another doctor which could be performed by an optometrist, only if payment is made on the basis of an assignment.
United States · United States Congress · 12 May 1983
Permits the Secretary of Defense to provide air transportation to annual national meetings within the continental United States sponsored by the National League of Families of American Prisoners and Missing in Southeast Asia to the next of kin of persons missing in action in Southeast Asia during the Vietnam era, or reported dead without repatriation of the remains.
United States · United States Congress · 12 May 1983
National Nursing Home Standards Act of 1983 - Directs the Secretary of Health and Human Services to establish a 13 member National Commission on the Regulation of Nursing Homes. States that such Commission's purpose shall be to examine existing Federal and State quality, health, and safety regulations for nursing homes and intermediate care facilities and to make recommendations, including alternative approaches to regulating such facilities, to Congress and to the Secretary by September 30, 1984. Imposes a moratorium on nursing home rules changes until six months after the filing of such recommendations. Requires such Commission to be made up of members of the Institute of Medicine, nursing home residents and operators, and State officials.
United States · United States Congress · 12 May 1983
Authorizes the Administrator of Veterans Affairs to reimburse eligible veterans for reasonable charges for chiropractic services. Directs the Administrator to establish a schedule of reasonable charges. Requires the Administrator to make annual reports to the Veterans Affairs Committees for four years concerning the use and reimbursement of chiropractic services.
United States · United States Congress · 12 May 1983
Expresses the sense of the House of Representatives that the President should seek a consensus at the Williamsburg Summit, aimed at: (1) reducing disparities in certain financial rates and economic policies among summit countries; and (2) arranging a meeting of summit country finance ministers with the Secretary of the Treasury, to achieve an alignment between the interest rates and major currencies. Urges the President to arrange, in conjunction with the Williamsburg Summit, bilateral discussions with the Prime Minister of Japan to bring about further realignment of the yen and dollar exchange rates.
United States · United States Congress · 11 May 1983
Federal Trade Commission Authorization Act of 1983 - Amends the Federal Trade Commission Act to revise the definition of "unfair act or practice" to include any act or practice that causes or is likely to cause substantial injury to consumers. Stipulates that such a "substantial injury" be not reasonably avoidable by consumers and not outweighed by countervailing benefits to consumers or competition resulting from the act or practice. Permits the court to review certain cease and desist orders made by the Federal Trade Commission (FTC). Limits the authority of the FTC to find a method of competition unfair if, in any action under the Sherman Act, such method would be held to constitute State action. Authorizes the FTC to issue notice of proposed rulemaking with respect to any unfair or deceptive act or practice or false advertisement, only if it has issued two or more cease and desist orders or it believes a pattern of unfair and deceptive acts or practices or false advertisements exists. Extends the civil investigative demand procedures to the FTC's antitrust authority. Prohibits the FTC from studying, investigating, and prosecuting agricultural cooperatives for certain conduct. Limits the authority of the FTC to prohibit unfair or deceptive acts or practices engaged in by professionals in a particular State if such exercise of authority would invalidate certain State licensing and professional standards laws. Provides for congressional review and veto of final rules promulgated by the FTC. Makes any such rule effective unless a concurrent resolution of disapproval is introduced within 35 days after the rules submission to Congress, and such resolution is adopted by both Houses within 90 days of the rule's submission. Requires that any case questioning the constitutionality of the congressional veto provision must be certified by the U.S. district court to the U.S. court of appeals, which must hear the matter en banc. Provides that a decision of the U.S. court of appeals shall be reviewable by mandatory appeal to the Supreme Court. Authorizes appropriations for FY 1984 through 1986. Prohibits the FTC from intervening in the proceedings of any Federal or State agency without first notifying specified congressional committees at least 60 days in advance, or as soon as practicable. Directs the FTC to study certain issues pertaining to life insurance policies and automobile insurance. Requires a report to Congress on the results of this study and any recommendations by January 1, 1985.
United States · United States Congress · 10 May 1983
Expresses the sense of the House of Representatives that regulations relating to title IX of the Education Amendments of 1972 (concerning sex discrimination in education) should not be amended or altered in any manner which will lessen the comprehensive coverage of such statute in eliminating gender discrimination throughout the American educational system.
United States · United States Congress · 4 May 1983
Water Resources Research Act of 1983 - Authorizes the establishment, subject to the approval of the Secretary of the Interior, of one water resources research and technology institute in each State at certain colleges or universities. States that each such institute shall: (1) have responsibility for planning, conducting, and/or arranging for competent research in relation to water resources; and (2) cooperate with other colleges and universities in the State to develop a statewide program designed to resolve State and regional water and related land problems. Requires the Secretary to make grants to each institute to be matched at specified rates by non-Federal dollars. Requires each institute, prior to the receipt of funds each fiscal year, to submit to the Secretary a water research program. Requires the Secretary to establish procedures for a detailed evaluation of each institute to determine whether such institute warrants continued Federal support. Provides for such evaluations within two years of establishment and for reevaluations at intervals not to exceed four years. Authorizes appropriations to the Secretary to carry out this section for FY 1984 through 1988. Permits the Secretary to make additional grants (on a dollar-for-dollar matching basis) to other qualified institutions and agencies of local or State government for research concerning any aspect of a water-related problem which the Secretary may deem to be in the national interest. States the application requirements for such grants. Authorizes appropriations to the Secretary to carry out this section for FY 1984 through 1988. Authorizes the Secretary to make grants to certain organizations for technology development concerning any aspect of water-related technology which the Secretary may deem to be of State, regional, or national importance. Authorizes the Secretary to establish any condition for the matching of funds for such grants in the best interest of the Nation considering the technology needs for water resources. States the requirements for applications for grants under this section. Authorizes appropriations to the Secretary for carrying out this section for FY 1984 through 1988. Repeals the Water Research and Development Act of 1978. Requires that rules and regulations established under such Act shall remain in effect until superseded by new rules and regulations promulgated under this Act.
United States · United States Congress · 3 May 1983
Hazardous Waste Control and Enforcement Act of 1983 - Amends the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to authorize appropriations for FY 1984 through 1986 for: (1) general administration by the Administrator of the Environmental Protection Agency (EPA) to carry out such Act (including funds for Resource Recovery and Conservation Panels, hazardous waste management, and support for State, regional, local, and interstate agency solid waste plans); (2) grants to State hazardous programs; (3) hazardous waste site inventory; (4) development and implementation of plans by State, local, regional, and interstate authorities; (5) implementation of State, local, and intermunicipal programs for solid waste management, resource recovery, resource conservation, and hazardous waste management; (6) special communities assistance; (7) assistance to States for recycled oil programs; and (8) the Secretary of Commerce to carry out resource and recovery duties. Establishes requirements for small quantity generator waste. Prohibits exemption by reason of the small quantity generated of any hazardous waste generated by any generator in a quantity greater than 100 kilograms during any calendar month from hazardous waste management standards, after 24 months after the date of the enactment of this Act. Directs the Administrator, within 18 months of such enactment, to promulgate standards for hazardous waste generated in monthly quantities between 100 to 1,000 kilograms which are applicable to generators, transporters, and owners or operators of treatment, storage, and disposal facilities. Authorizes the Administrator to allow such small quantity generator waste standards to vary from standards for larger quantities. Requires that small quantity generator hazardous waste standards at a minimum: (1) limit to 180 days onsite storage without a permit; (2) require all other treatment, storage, or disposal at a facility with a permit; and (3) require that a manifest accompany any shipment of such waste off the premises on which it is generated. (Allows specific requirements for entries on such manifest to vary from those applicable to the manifest required for larger quantity generators.) Requires, within 90 days after the enactment of this Act, that any hazardous waste which is part of a total quantity generated by a generator generating between 25 to 1,000 kilograms during a calendar month and which is shipped off the premises on which it is generated shall be accompanied by a copy of the EPA Uniform Hazardous Waste Manifest form signed by the generator. Requires that such form contain specified information. Authorizes the Administrator to promulgate regulations which establish special standards or exemptions for hazardous wastes which are generated by any generator who does not generate more than 100 kilograms of hazardous waste per calendar month. Establishes requirements for interim control of hazardous waste injection. Prohibits hazardous waste disposal by underground injection above or into a formation which contains, within one-quarter mile of the well used for such injection, an underground source of drinking water. Provides for exemptions from such prohibition upon demonstration that such injection will not cause hazardous waste to endanger drinking water sources. Provides for State and Federal enforcement of such prohibitions and identical prohibitions under the Safe Drinking Water Act. Establishes requirements with respect to liquids in landfills. Directs the Administrator, within six months after enactment of this Act, to promulgate final regulations which: (1) minimize to the extent technologically feasible the disposal of containerized liquid hazardous wastes in landfills; and (2) prohibit the landfill disposal of bulk or noncontainerized liquid hazardous wastes. Makes such regulations effective immediately upon promulgation. Directs the Administrator to maintain specified requirements, pending promulgation of such regulations. Sets forth prohibitions on land disposal of specified hazardous wastes. Authorizes the Administrator to promulgate regulations prohibiting one or more methods of land disposal of specified identified or listed hazardous wastes (in addition to specified wastes referred to under this Act). Directs the Administrator to specify each such hazardous waste for which it may reasonably be anticipated that one or more methods of land disposal may not be protective of human health and the environment for as long as the waste remains hazardous, taking into account specified factors. Directs the Administrator, in promulgating such regulations, to consider each hazardous waste which is prohibited from one or more methods of land disposal by any State. Prohibits the land disposal of specified hazardous wastes within 12 months of the enactment of this Act, unless the Administrator determines the prohibition on one or more methods of land disposal is not required in order to protect human health and the environment for as long as the waste remains hazardous. Requires that such prohibition is to be applied, taking into account specified factors, to specified forms, compounds, and concentrations of the following hazardous wastes: (1) cyanides; (2) arsenic; (3) candmium; (4) chromium; (5) lead; (6) mercury; (7) nickel; (8) selenium; (9) thallium; (10) highly acidic (having a pH of two or less) liquid wastes; (11) polychlorinated biphenyls (PCBs); and (12) halogenated organic compounds. Authorizes the Administrator to substitute more stringent concentration levels where necessary to protect human health and the environment. Sets forth a schedule for additional prohibition determinations. Directs the Administrator to submit to Congress, within six months after enactment of this Act, a schedule for reviewing all hazardous wastes listed in specified Federal regulations which are not covered by a land disposal prohibition under this Act. Directs the Administrator to complete such review and promulgate regulations in accordance with a specified timetable with deadlines from 18 to 54 months after enactment of this Act. Requires that hazardous wastes identified or listed within 54 months after enactment of this Act be added to such schedule. Directs the Administrator to determine, within such 54 months, whether all remaining indentified or listed hazardous wastes should be prohibited from one or more methods of land disposal. Directs the Administrator, in the case of any hazardous waste identified or listed after such 54 months, to make such prohibition determination within six months. Sets forth criteria upon which such prohibition determinations are to be made. Prohibits land disposal of any identified or listed hazardous waste for which the Administrator has failed to make a determination within the specified deadline. Sets forth effective dates for prohibitions. Provides for variances in specified cases. Authorizes the Administrator to revise such regulations to add additional hazardous wastes to be prohibited from one or more methods of land disposal. Authorizes the Administrator to impose conditions, including but not limited to pretreatment and detoxification prior to land disposal, and limitations on waste dilution. Requires, within 12 months after enactment of this Act, notification to the Administrator by: (1) the owner or operator of any facility producing a fuel from any hazardous waste alone or with other material or from used oil alone or with other material; (2) the owner or operator of any facility burning fuel containing any hazardous waste or used oil; and (3) any person who distributes or markets fuel containing hazardous waste or used oil. Requires that such notification describe the location, the facility, the identified or listed hazardous waste involved, and the production or energy recovery activity. Exempts facilities, such as residential boilers, from such notification requirements where the Administrator determines that such notification is not necessary for obtaining sufficient information respecting current practices of facilities using hazardous waste for energy recovery. Directs the Administrator, within two years after the enactment of this Act, to promulgate regulations establishing health and environmental standards applicable to owners or operators of facilities producing fuel from hazardous wastes or burning hazardous wastes for energy recovery and to distributors or marketers of such fuels. Prohibits producers, distributors, or marketers of fuels containing hazardous wastes from distributing or marketing such fuels unless the invoice or bill of sale bears a conspicuous warning and lists the hazardous wastes contained in such fuel. Exempts oil or petroleum refining waste containing oil from such labeling requirement under certain conditions. Directs the Administrator, within two years after the date of enactment of this Act and after opportunity for public hearing, to promulgate regulations establishing standards applicable to transporters of fuel produced from any identified or listed hazardous waste alone or in combination with any other material. Directs the Administrator to promulgate regulations requiring any facility operating under an interim status permit to obtain a final permit before expanding its capacity by more than ten percent (except capacity for storage or treatment in tanks or containers and enclosed waste piles). Authorizes the Administrator to establish standards for any interim status permit facility expanding its capacity by ten percent or less. Allows such standards for facilities expanding by ten percent or less to vary from the interim permit status standards for facilities which do not expand capacity. Requires landfill disposal facilities operating under an interim status permit to comply with monitoring and corrective action requirements applicable to facilities for which a final permit is issued. Requires any new, replacement, or laterally expanded unit of a landfill or surface impoundment operating under an interim status permit to be subject to requirements respecting liners and leachate collection systems or equivalent protection applicable to facilities for which a final permit is issued. Limits to ten years the duration of any permit for hazardous waste treatment, storage, or disposal. Allows renewals of such permits. Directs the Administrator to issue final permits or final denials of permit applications: (1) for land disposal facilities within four years of the enactment of this Act; and (2) for any other treatment, storage, or disposal facilities within eight years of such enactment. Provides that such time periods shall also apply in the case of any authorized State hazardous waste program. Requires facilities operating under interim status permits to submit applications for final permit review within the applicable time period, with specified exceptions. Authorizes the Administrator, after notice and opportunity for hearing, to promulgate permit application requirements and permit conditions applicable to owners and operators of a class of facilities, upon determination that facilities in the class should be subject to similar design, operating, and management requirements. Limits such classes to facilities which treat or store hazardous waste in containers, tanks, or enclosed piles. Authorizes the Administrator, after notice and opportunity for informal hearing, to issue a class permit for a facility which meets such conditions and requirements. Authorizes the Administrator, in establishing class permit requirements and conditions, to provide that certain conditions shall be established for each facility on a site-specific basis. Directs the Administrator to promulgate regulations with respect to the reuse, recycling, and reclamation of identified or listed hazardous waste which protect human health and the environment. Declares that adequate provision shall be given to the present and future needs of the recycling and resource recovery interest in the area encompassed by the comprehensive planning process in determining the size of waste-to-energy facilities. Authorizes the Administrator to make grants to local government authorities to construct (and acquire lands for) demonstration recycling intermediate processing centers. Sets forth requirements for such grants. Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the "Superfund Act") to revise provisions relating to the State share of the costs of remedial actions in response to a release of a hazardous substance at a disposal facility owned by a State or local government. Requires that such facility be operated, as well as owned, by the State or local government in order for such provisions to apply. Directs the President to use money in the Hazardous Substance Response Trust Fund to reimburse any State for the amount paid in excess of ten percent of the costs of remedial action at a facility owned, but not operated, by such State or local government. Amends the Solid Waste Disposal Act to authorize the Administrator to bring suit or to take other appropriate action, if the past (or present) handling, storage, treatment, transportation, or disposal may present an imminent and substantial endangerment to health or the environment. Revises provisions relating to citizen suits to provide that only the prevailing or substantially prevailing party may be awarded litigation costs. Revises preservation of rights provisions to declare that nothing in the Solid Waste Disposal Act shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or requirement relating to the management of solid waste or hazardous waste, or to seek any other relief (including relief against the Administrator or a State agency). Directs the Administrator to request the Attorney General to file, and represent the Administrator in, any civil action which the Administrator is authorized to bring under the Solid Waste Disposal Act. Grants the Administrator, if the Attorney General does not give notice and file such action within specified deadlines, exclusive authority to commence and conduct the litigation and any appeals of such action and to designate EPA Attorneys for such purposes, except in the case of actions before the U.S. Supreme Court. Grants EPA officers or employees specified law enforcement powers in the investigation of any activity for which a criminal penalty is provided under the Solid Waste Disposal Act. Revises citizen suit provisions of such Act to allow any person to commence civil actions to: (1) immediately restrain any person contributing to the handling, storing, treating, transporting, or disposing of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or (2) order the Administrator to perform any act or duty which is not discretionary under such Act and to supply appropriate civil penalties. Provides that specified prohibitions against the open dumping of solid waste or hazardous waste apply whether or not a State plan has been submitted and approved. Authorizes the Administrator and duly designated agents and employees of EPA to initiate and conduct investigations under the criminal provisions of the Act, and to refer investigation results to the Attorney General for appropriate prosecution. Revises provisions for Federal enforcement of hazardous waste management requirements under the Solid Waste Disposal Act to authorize the Administrator to assess a civil penalty for any past or current violation. Provides for criminal penalties for persons who knowingly: (1) cause specified hazardous waste to be transported; (2) treat, store, or dispose of such waste in violation of any material condition or requirement of specified permits or of any applicable interim status regulation or standards; (3) omit material information used for purposes of compliance with regulations promulgated by the Administrator (or by a State program); (4) fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of such compliance; or (5) transport, or cause to be transported without a manifest any hazardous waste required to be so accompanied. Raises the maximum criminal penalties for these and other violations, under specified conditions. Revises provisions relating to conditions for knowing endangerment. Raises the penalties for knowing endangerment. Revises provisions for review of certain actions of the Administrator relating to permits for treatment, storage, or disposal of hazardous waste and authorized State hazardous waste programs. Provides that action of the Administrator with respect to which review could have been obtained under such provisions of the Solid Waste Disposal Act shall not be subject to judicial review in civil or criminal proceedings for enforcement. Revises findings and objectives of the Solid Waste Disposal Act. Revises provisions for identification and listing of hazardous waste under such Act to add requirements with respect to specified wastes. Directs the Administrator, where appropriate, to list as subject to hazardous waste management provisions: (1) within ten months of enactment of this act, additional wastes containing chlorinated dioxins or dibenzofurans or polychlorinated biphenyl (PCBs) and (2) within one year after such enactment, wastes containing remaining halogenated dioxins and-dibenzofurans. Directs the Administrator, within six months after such enactment, to determine whether or not to list as subject to such requirements specified wastes. Directs the Administrator to also list those hazardous wastes which shall be subject to hazardous waste management requirements because they contain hazardous constituents (such as identified carcinogens, mutagens, or teratagens) at concentration levels in excess of levels which endanger human health and the environment. Sets forth delisting procedures. Directs the Administrator, when evaluating a petition to exclude a waste generated at a particular facility, to: (1) consider factors, other than those for which the site was listed, which could cause the waste to be hazardous; (2) provide notice and opportunity for comment on such additional factors before granting or denying such petition; and (3) make a final decision on each such petition within 12 months after granting a temporary exclusion from regulation of such waste. Revises provisions relating to restrictions on recycled oil to specify that such regulations should not discourage the re-refining of used oil. Authorizes the Administrator, in authorizing a State program, to base findings on the Federal program in effect one year prior to submission of a State's application or in effect on January 26, 1983, whichever is later. Authorizes the Administrator to provide for a shorter period prior to the effective date, or an immediate effective date for regulations at the time of promulgation under specified circumstances. Sets forth requirements covering prior releases of hazardous wastes. Provides that the hazardous waste treatment, storage, and disposal facility standards shall address releases of hazardous constituents attributable to the migration of waste from all solid waste management units at a facility, whether waste was placed in such units before or after the date of permit issuance. Requires that such standards provide for compliance schedules and financial assurances to ensure adequate cleanup of such releases where such cleanup cannot be completed prior to permit issuance. Directs the Administrator to annually undertake a thorough inspection of each landfill facility operated by a State or local government and subject to regulation under hazardous waste management provisions. Requires that the record of such inspection be available to the public. Requires that authorized State hazardous waste programs provide for availability of specified information to the public. Directs the Administrator to establish an Office of Ombudsman to receive individual complaints, grievances, and requests for information submitted by any person with respect to any program or requirement under the Solid Waste Disposal Act. Directs the Ombudsman to render assistance with respect to such submissions and make appropriate recommendations to the Administrator. Provides that the establishment of such Office shall not affect any procedures for grievances, appeals, or administrative matters. Requires, within two years after enactment of this Act, that standards for hazardous waste facilities require the application of the best available control technology economically achievable. Provides that all used oil shall be considered a hazardous waste twelve months after the enactment of this Act. Provides for an exemption from hazardous waste standards for certain recycled oil. Directs the Administrator to issue hazardous waste treatment, storage, or disposal permits to used oil recyclers who meet specified requirements. Sets forth provisions relating to the use of recovered materials by Federal agencies. Sets forth definitions of "recycled paper" and "wastepaper". Requires that each procuring agency develop an affirmative procurement program to assure that items composed of recovered materials will be purchased to the maximum extent practicable consistent with Federal procurement law. Sets forth minimum requirements relating to such programs. Includes recycled paper and tires among the three product categories for which the Administrator must prepare final guidelines by specified deadlines. Directs the Office of Procurement Policy to biannually report to the Congress on actions taken by Federal agencies and the progress made in implementation of Federal procurement provisions under the Solid Waste Disposal Act, including agency compliance in reviewing and eliminating specifications that discriminate against recycled materials. Revises the deadline for elimination of such specifications. Makes certain clerical corrections.
United States · United States Congress · 3 May 1983
Expresses the sense of the Congress that the Congress: (1) rejects the proposals of the President to eliminate funding for library programs; and (2) should provide funds to continue our Nation's commitment to our libraries.
United States · United States Congress · 2 May 1983
Service Industries Commerce Development Act of 1983 - Directs the Secretary of Commerce to establish in the Department of Commerce a service industries development program designed to: (1) develop policies to increase the competitiveness of U.S. service industries; (2) collect and analyze information regarding purchases by domestic entities of service from foreign suppliers; (3) develop a data base for assessing the adequacy of current policies, and for developing future, U.S. policies pertaining to services; (4) provide statistical, analytical, and policy information to State and local governments and U.S. service industries; (5) collect and analyze information pertaining to the international operations and competitiveness of U.S. service industries; and (6) conduct studies of U.S. service industries. Directs the Secretary to try to establish arrangements to gain access to private sector information that is necessary for the service industries development program. Authorizes the Secretary to request such information if the Secretary considers it critical for carrying out the program. Provides for protecting the confidentiality of the information. Authorizes the Secretary to subpoena information relating to: (1) purchases by domestic entities of services from foreign suppliers; and (2) assessing the adequacy of and developing future U.S. policies pertaining to services. Sets forth penalties for refusing to obey such subpoenas. Makes it unlawful for anyone to refuse willfully to obey a request by the Secretary for information which the Secretary considers critical for carrying out the program. Sets forth penalties for such refusals. Directs the Secretary to consult regularly with State governments and U.S. service industries concerning the policies designed to increase the international competitiveness of U.S. service industries. Directs the Secretary to provide to State and local governments information concerning U.S. policies on foreign commerce as reported to Congress. Authorizes the President to impose conditions on foreign suppliers of services in the United States. Directs the President to: (1) review the Secretary's report on U.S. policies on foreign commerce; (2) decide whether to impose limits on foreign suppliers; and (3) publish notice of such decisions. Authorizes any interested person to petition the President to limit foreign suppliers. Sets forth the procedures for investigating and acting upon such petitions. Authorizes appropriations.
United States · United States Congress · 27 April 1983
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Solid Waste Disposal Act to give priority to claims of governmental units for costs incurred in responding to hazards created by release of hazardous substances, except for claims arising from releases into navigable waters.
United States · United States Congress · 27 April 1983
Urges the Secretary of the Treasury, the Secretary of Agriculture, and the Attorney General to: (1) ensure that their respective agencies place as much emphasis on duties relating to the facilitation of international air commerce as is given to law enforcement duties at U.S. gateway and preclearance airports; and (2) develop jointly and implement, before the beginning of the 1984 Summer Olympics, a national plan to consolidate such functions of the agencies.
United States · United States Congress · 26 April 1983
Amends the Social Security Amendments of 1983 to repeal provisions which reduce the old-age and disability benefits of individuals who reach age 62 after 1985 and who are eligible for a pension based on employment which is not covered under the Old Age, Survivors and Disability Insurance program.
United States · United States Congress · 25 April 1983
Amends the International Travel Act of 1961 to authorize appropriations for FY 1984 to carry out such Act. Directs the U.S. Travel and Tourism Administration to study and report to Congress on alternative methods of funding activities in support of national tourism objectives. Directs the Secretary of Commerce to establish a demonstration of the regional tourism promotional and marketing program by February 15, 1984.
United States · United States Congress · 21 April 1983
Ethics in Government Act Amendments of 1983 - Amends the Ethics in Government Act of 1978 to require the Attorney General, within five days after the Speaker of the House has certified that an individual in one of specified positions has been found in contempt of Congress, to apply to the court for the appointment of an independent counsel. Requires such counsel to bring the certified statement of facts before the grand jury for its action and to prosecute any resulting indictments.
United States · United States Congress · 21 April 1983
Amends the Federal Trade Commission Act to grant authority to the Federal Trade Commission (Commission) to investigate the insurance industry. Authorizes the Commission to study: (1) life insurance policies offered by private companies; (2) the possibility of private health insurers supplementing medicaid benefits; (3) consumer information for automobile insurance; and (4) insurance company practices. Requires the Commission after completing such study to make recommendations to Congress.
United States · United States Congress · 21 April 1983
Expresses the sense of the House of Representatives that the President should reduce imports of apparel to no more than 25 percent of the American apparel market.
United States · United States Congress · 20 April 1983
Directs the Secretary of Health and Human Services to provide, upon a State's request, that in the case of a statewide Medicare or Medicaid (titles XVIII and XIX of the Social Security Act) demonstration project or hospital reimbursement control system which provides for payments to hospitals on a prospective basis and related to a classification of patients by diagnosis-related groups the amount of payments shall include payments for the operation of hospital-based mobile intensive care units if the State provides satisfactory assurances that the total amount of payments to such hospitals under titles XVIII and XIX of the Act under such project or system would not exceed the total amount of payments which would have been paid under such titles if the project or system were not in effect.
United States · United States Congress · 19 April 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal provisions allowing an income tax deduction for payments to foreign government officials or employees which are illegal under Federal law.
United States · United States Congress · 18 April 1983
Hazardous Substance Victims Compensation Act of 1983 - Title I: Victims Compensation - Amends the Solid Waste Disposal Act (also known as the Resource Conservation and Recovery Act) to provide compensation for injury, illness, or death resulting from exposure to certain hazardous substances. Permits individuals who allege that they have sustained damages for which compensation is payable under this Act to file an application for such compensation with the Administrator of the Environmental Protection Agency. Directs the Administrator to pay compensation to individuals who establish by a preponderance of the evidence that they have suffered physical injuries or illnesses which were caused by an exposure to a hazardous substance: (1) from a facility or site where it was stored, treated, or disposed of; or (2) during transportation to such a facility or site. Directs the Administrator to pay compensation to dependents of deceased individuals if such dependents establish to the satisfaction of the Administrator that the death of such deceased individual was caused by any such exposure. Provides that compensation to individuals who have suffered a physical injury or illness shall consist of: (1) a payment or reimbursement for all medical costs incurred in connection with the physical injury, illness, or death concerned; and (2) an amount equal to two-thirds of the injured, ill, or deceased person's earnings which are lost by reason of the physical injury, illness, or death. Limits such compensation for loss of earnings to $2,000 per month. Provides that compensation to dependents shall be equal to such compensation for medical costs and loss of earnings, plus reasonable burial expenses. Directs the Administrator to: (1) promulgate rules regarding equitable allocation of compensation payable where there are two or more dependents; and (2) compute the amount of compensation to be awarded to any applicant and determine the method, terms, and time of payment. Provides that payments made under this Act shall be charged against amounts available in funds established under this Act (i.e. the Victims Compensation Trust Fund or, where the Administrator determines that the exposure was attributable to a facility which had received a permit under hazardous waste management provisions of the Solid Waste Disposal Act, the Post-Closure Victims Trust Fund). Provides that claims against either of such funds which are in excess of the total money in the fund concerned shall become valid and shall be paid in the same manner as provided under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sets forth procedures for determination of claim payments. Directs the Administrator to: (1) use the procedures used by the Secretary of Health and Human Services in determining entitlement to disability insurance benefit payments; and (2) arrange with the Secretary to use the personnel and office of the Social Security Administration for administration and determination of claims filed under this Act. Sets forth provisions relating to presumption of causation. Sets forth factors relevant to the issues of causation. Sets forth requirements relating to medical tests, examinations, and other investigations, and to hearings with respect to such claims. Requires that, whenever such a claims payment is made to an applicant, the United States be: (1) subrogated to the rights of such applicant under any other provisions of law (including provisions of this Act relating to the liability of certain persons) for the full amount of such payment; and (2) entitled to recover all administrative and adjudicative costs and attorneys fees incurred by the United States by reason of the applicant's claim. Directs the Attorney General to protect and enforce such rights of subrogation. Requires that amounts thus recovered by the United States be deposited in the funds established under this Act, as may be appropriate based on the source of the funds used to pay the claim involved. Sets forth provisions for judicial review of final determinations made by the Administrator under this Act. Sets forth provisions for recovery of an additional amount in a subsequent claim by an individual who establishes that an additional physical injury or illness: (1) was caused by such exposure; and (2) was not known to the individual at the time the prior claims application was made. Prohibits entitlement to compensation in the case of any applicant who, by action or inaction, intentionally causes or contributes to the injury, illness, or death on which the claim is based. Sets forth conditions for such prohibition. Makes the following persons liable, jointly and serverally and without regard for fault, for damages to individuals (or their dependents) caused by such individuals exposure to a hazardous substance: (1) the owner or operator of the facility or site at the time of or subsequent to the treatment, storage, or disposal of such substance; (2) the owner or possessor of such substance who arranged for disposal or treatment, or for transport for disposal or treatment; and (3) the transporter of such substances to a disposal or treatment facility or site. Sets forth conditions under which such persons are not liable for such damages. Provides that the following damages due to personal injury, illness, or death shall be compensable: (1) medical expenses, rehabilitation costs, or burial expenses; (2) loss of income or profits or any impairment or loss of earning capacity; and (3) pain and suffering. Prohibits the introduction of the results of proceedings brought for administrative compensation into such actions for damages. Permits the introduction of any relevant health effects document into evidence in such actions. Grants jurisdiction over such causes of action to the appropriate U.S. district court. Provides that nothing in this Act shall be construed to preempt, or otherwise affect, any State law regarding liability for damages in connection with hazardous substances. Sets time limitations on applications for administrative compensation and on actions for damages under this Act. Prohibits retroactive liability under this Act. Sets forth requirements relating to collateral recovery under this Act and from specified other sources. Prohibits recovery of any amount under this Act for any injury, illness, or death for which any compensation is available under a State workers' compensation law. Directs the Administrator to periodically prepare and, after notice and opportunity for comment, publish hazardous substance health effects documents. Sets forth criminal penalties for false statements in any application or proceeding for administrative compensation under this Act. Title II: Victims Compensation Fund - Amends the Internal Revenue Code to impose additional environmental taxes on petroleum and certain chemicals. Provides that such taxes shall be imposed until the earlier of: (1) September 30, 1990; or (2) the date on which the total amount received in the Victims Compensation Fund through such taxes and through specified other sources totals a specified amount. Establishes the Victims Compensation Trust Fund in the U.S. Treasury. Appropriates to such fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the additional environmental taxes; and (2) the amounts recovered on behalf of such fund and penalties assessed under this Act. Authorizes appropriations to such fund for FY 1984 through 1990. Sets forth administrative provisions and requirements relating to expenditures from such fund. Amends the Internal Revenue Code to impose an additional environmental tax on the receipt of hazardous waste at a qualified hazardous waste disposal facility. Provides that such tax shall apply to such receipt after September 30, 1983. Provides that, if, as of September 30 of any subsequent calendar year, the unobligated balance of the Post-Closure Victims Trust Fund exceeds a specified amount, such tax will not be imposed during the following calendar year. Establishes the Post-Closure Victims Trust Fund in the U.S. Treasury. Sets forth administrative provisions and requirements for expenditures from such fund.
United States · United States Congress · 14 April 1983
Amends the Internal Revenue Code to repeal provisions which terminate the income tax exclusion for amounts received by an employee under an educational assistance program.
United States · United States Congress · 14 April 1983
Mortgage Retirement Account Act of 1983 - Amends the Internal Revenue Code to allow taxpayers an election to treat home mortgage prepayments as a tax-deductible contribution to an individual retirement account. Allows amounts to be withdrawn from an individual retirement account for the purchase of a principal residence.
United States · United States Congress · 14 April 1983
Expresses the sense of the Congress that the President should take steps to: (1) issue a proclamation commemorating the Ukrainian famine of 1933; (2) issue a warning that the continued enslavement of the Ukrainian nation is a threat to world peace; and (3) convey to the Soviet people U.S. sentiments for the recovery of Ukrainian freedom and independence.
United States · United States Congress · 13 April 1983
Amends the Surface Transportation Assistance Act of 1982 to authorize the Secretary of Transportation to exempt segments of the Interstate Highway System from the requirement that commercial motor vehicle combinations consisting of a truck tractor and two trailing units (double bottom trucks) be allowed to operate on the National System of Interstate and Defense Highways and designated Federal- aid Primary System highways.
United States · United States Congress · 13 April 1983
Balanced Monetary Policy Act of 1983 - Amends the Federal Reserve Act to require the Board of Governors and the Federal Open Market Committee of the Federal Reserve System to establish yearly targets for money and total credit aggregates and for real interest rates consistent with historic levels. Requires the Board and the Federal Open Market Committee to take necessary actions to assure that such targets are achieved, on average, on an annual basis. Requires a written report to specified Congressional committees if such targets cannot or should not be achieved because of unfavorable economic conditions. Requires the Board of Governors to transmit specified information to Congress biannually. Requires the Board to announce publicly changes in objectives and plans at the time those changes are determined. Requires the President to state for the System's record the administration's position on each vote on monetary policy taken by the Board and by the Federal Open Market Committee.
United States · United States Congress · 13 April 1983
Authorizes the erection of a memorial on public grounds in the District of Columbia, or its environs, in honor and commemoration of members of the armed forces who served in the Korean war. Directs the Secretary of the Interior to select, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial. Authorizes appropriations for site acquisition and preparation in the event nonpublic land is selected for the memorial.
United States · United States Congress · 12 April 1983
Hazardous Waste Control and Enforcement Act of 1983 - Amends the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to authorize appropriations for FY 1984 through 1986 for: (1) general administration by the Administrator of the Environmental Protection Agency (EPA) to carry out such Act (including funds for Resource Recovery and Conservation Panels, hazardous waste management, and support for State, regional, local, and interstate agency solid waste plans); (2) grants to State hazardous waste programs; (3) hazardous waste site inventory; (4) development and implementation of plans by State, local, regional, and interstate authorities; (5) implementation of State, local, and intermunicipal programs for solid waste management, resource recovery, resource conservation, and hazardous waste management; (6) special communities assistance; (7) assistance to States for recycled oil programs; and (8) the Secretary of Commerce to carry out resource and recovery duties. Establishes requirements for small quantity generator waste. Prohibits exemption from hazardous waste management standards, by reason of the small quantities any hazardous waste generated by any generator in a quantity greater than 100 kilograms during any calendar month. Makes such prohibition of such exemption effective 24 months after the date of the enactment of this Act. Directs the Administrator, within 24 months of such enactment and after notice, opportunity for comment, and public hearings, to promulgate standards for hazardous waste generated in monthly quantities between 100 to 1,000 kilograms which are applicable to generators, transporters, and owners or operators of treatment, storage, or disposal facilities. Authorizes the Administrator to allow such small quantity generator waste standards to vary from standards for larger quantities. Sets forth requirements for such variances. Directs the Administrator, in cooperation with the Secretary of Transportation, to modify current regulations to conform requirements applicable to transporters of hazardous waste to the scale of the operations involved. Authorizes the Administrator to establish special standards or exemptions for hazardous wastes generated by any generator in a quantity less than 100 kilograms during any calendar month. Requires that, within 90 days of enactment of this Act, each hazardous waste generator who is not required under EPA regulations to provide a manifest to transporters shall provide specified written notices to each person transporting such waste to a facility for treatment, storage, or disposal. Prohibits any variance with respect to such requirement. Establishes requirements for interim control of hazardous waste injection. Prohibits hazardous waste disposal by underground injection above or into a formation which contains, within one-quarter mile of the well used for such injection, an underground source of drinking water. Provides for exemptions from such prohibition upon demonstration that such injection will not cause hazardous waste to endanger drinking water sources. Provides for State and Federal enforcement of such prohibitions and identical prohibitions under the Safe Drinking Water Act. Establishes requirements with respect to liquids in landfills. Directs the Administrator, within six months after enactment of this Act, to promulgate final regulations which minimize the disposal of liquid hazardous waste, and free liquids contained in hazardous waste, in landfills. Directs the Administrator to maintain current requirements, pending promulgation of such regulations. Sets forth requirements for land disposal reports. Directs the Administrator, within six months after enactment of this Act, to publish and submit to the Congress a report: (1) listing hazardous wastes for which one or more types of land disposal may not be protective of human health and the environment; (2) identifying hazardous wastes for which there are technologically feasible alternatives to land disposal which would be so protective; (3) assessing the costs of such alternatives; and (4) assessing other hazardous wastes which are unsuitable for other means of waste treatment or disposal. Requires modification and supplementation of such report as new information becomes available. Directs the Administrator, within nine months after the required publication date of such report, and from time to time thereafter, to promulgate regulations respecting those hazardous wastes in the report (in addition to hazardous wastes specifically prohibited from land disposal under this Act). Requires that such regulations, for those hazardous wastes for which one or more types of land disposal of a hazardous waste may present the environment, be based on the toxicity, mobility, persistence, ability of the waste to bioaccumulate and the inability of land disposal facilities to contain hazardous wastes over a period of time. Requires that such regulations contain effective dates allowing time necessary to install nationwide sufficient capacity of alternative treatment, recovery, or disposal methods identified in such report. Provides for case-by-case exemptions based on demonstrations that capacity for such alternative means of disposition is not reasonably available. Directs the Administrator, for purposes of such regulations, to: (1) consider alternative treatment methods; (2) examine State government actions with regard to such controls; and (3) review all halogenated organic wastes. Prohibits, effective on the date one year after enactment of this Act, land disposal of specified hazardous wastes unless the Administrator determines such prohibition is not required. Lists the hazardous waste for which such land disposal prohibition applies at specified concentrations: (1) cyanide-containing liquid wastes; (2) liquid toxic metal wastes and their compounds (arsenic, cadmium, hexavalent chromium, lead, mercury, nickel, selenium, thallium); (3) acid wastes; (4) wastes containing polychlorinated biphenyls (PCBs); and (5) wastes containing halogenated organics. Requires, within 12 months after enactment of this Act, notification to the Administrator by: (1) the owner or operator of any facility producing a fuel from any hazardous waste alone or with other material or from used oil alone or with other material; (2) the owner or operator of any facility burning fuel containing any hazardous waste or used oil; and (3) any person who distributes or markets fuel containing hazardous waste or used oil. Requires that such notification describe the location, the facility, the identified or listed hazardous waste involved, and the production or energy recovery activity. Exempts facilities, such as residential boilers, from such notification requirements where the Administrator determines that such notification is not necessary for obtaining sufficient information respecting current practices of facilities using hazardous waste for energy recovery. Directs the Administrator, within two years after the enactment of this Act, to promulgate regulations establishing health and environmental standards applicable to owners or operators of facilities producing fuel from hazardous wastes or burning hazardous wastes for energy recovery and to distributors or marketers of such fuels. Prohibits producers, distributors, or marketers of fuels containing hazardous wastes from distributing or marketing such fuels unless the invoice or bill of sale bears a conspicuous warning and lists the hazardous wastes contained in such fuel. Exempts Exempts oil or petroleum refining waste containing oil from such labeling requirement under certain conditions. Requires that permits (other than interim status permits) issued to treatment, storage, or disposal facilities by Federal or State hazardous waste programs under the Act address any release of hazardous waste from such facilities which occurs prior to the permit issuance. Requires that such permits include schedules and provide financial assurances for addressing such releases where the required action cannot be completed prior to permit issuance. Exempts from such permit requirements any portion of the facility at which hazardous waste treatment, storage, or disposal activities have not taken place. Directs the Administrator to promulgate regulations requiring any facility operating on interim status permits to obtain a final permit before expanding its capacity by more than ten percent (except capacity for storage or treatment in tanks or containers and enclosed waste piles). Authorizes the Administrator to establish standards for any interim status permit facility expanding its capacity by ten percent or less. Allows such standards for facilities expanding by ten percent or less to vary from the interim permit status standards for facilities which do not expand capacity. Requires landfill disposal facilities operating under an interim status permit to comply with monitoring and corrective action requirements applicable to facilities for which a final permit is issued. Requires any new, replacement, or laterally expanded unit of a landfill or surface impoundment operating under an interim status permit to be subject to requirements respecting liners and leachate collection systems or equivalent protection applicable to facilities for which a final permit is issued. Directs the Administrator to issue final permits or final denials of permit applications: (1) for land disposal facilities, within four years of the enactment of this Act; (2) for any other treatment, storage, or disposal facilities, within eight years of such enactment. Provides that such time periods shall also apply in the case of any authorized State hazardous waste program. Requires facilities operating under interim status permits to submit applications for final permit review within the applicable time period, with specified exceptions. Authorizes the Administrator, after notice and opportunity for hearing, to promulgate permit application requirements and permit conditions applicable to owners and operators of a class of facilities, upon determination that facilities in the class should be subject to similar design, operating, and management requirements. Limits such classes to facilities which treat or store hazardous waste in containers, tanks, or enclosed piles. Authorizes the Administrator, after notice and opportunity for informal hearing, to issue a class permit for a facility which meets such conditions and requirements. Authorizes the Administrator, in establishing class permit requirements and conditions, to provide that certain conditions shall be established for each facility on a site-specific basis. Directs the Administrator to promulgate regulations which protect human health and the environment with respect to the use, recycling, and reclamation of identified or listed hazardous waste. Declares the intention that adequate provision be given to the present and future needs of the recycling and resource recovery interest in the area encompassed by the comprehensive planning process in determining the size of waste-to-energy facilities. Authorizes the Administrator to make grants to local government authorities to construct (and acquire lands for) demonstration recycling intermediate processing centers. Sets forth requirements for such grants. Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the "Superfund Act") to revise provisions relating to the State share of the costs of remedial actions in response to a release of a hazardous substance at a disposal facility owned by a State or local government. Requires that such facility be operated, as well as owned, by the State or local government in order for such provisions to apply. Directs the President to use money in the Hazardous Substance Response Trust Fund to reimburse any State for the amount paid in excess of ten percent of the costs of remedial action at a facility owned, but not operated, by such State or local government. Amends the Solid Waste Disposal Act to increase the maximum sentences as criminal penalties for knowing endangerment and other specified violations under such Act. Authorizes the Administrator to bring suit, and to take other appropriate action, if the past (or present) handling, storage, treatment, transportation, or disposal of hazardous waste may present an imminent and substantial endangerment to health or the environment. Revises provision for citizen suits to provide that only the prevailing or substantially prevailing party may be awarded litigation costs. Revises preservation of rights provisions to declare that nothing in the Solid Waste Disposal Act shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or requirement relating to the management of solid waste or hazardous waste, or to seek any other relief (including relief against the Administrator or a State agency). Directs the Administrator to request the Attorney General to file, and represent the Administrator in, any civil action which the Administrator is authorized to bring under the Solid Waste Disposal Act. Grants the Administrator, if the Attorney General does not give notice and file such action within specified deadlines, exclusive authority to commence and conduct the litigation and any appeals of such action and to designate EPA Attorneys for such purposes, except in the case of actions before the U.S. Supreme Court. Grants EPA officers or employees specified law enforcement powers in the investigation of any activity for which a criminal penalty is provided under the Solid Waste Disposal Act. Revises citizen suit provisions of such Act to allow any person to commence civil actions to: (1) immediately restrain any person contributing to the handling, storing, treating, transporting, or disposing of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or (2) order the Administrator to perform any act or duty which is not discretionary under such Act and to supply appropriate civil penalties. Provides that specified prohibitions against the open dumping of solid waste or hazardous waste shall apply whether or not a State plan has been submitted and approved. Authorizes the Administrator, and duly designated agents and employees of EPA to initiate and conduct investigations under the criminal provisions of the Solid Waste Disposal Act and to refer investigation results to the Attorney General for appropriate prosecution. Revises provisions for Federal enforcement of hazardous waste management requirements under the Solid Waste Disposal Act to authorize the Administrator to assess a civil penalty for any past or current violation. Provides for criminal penalties for persons who knowingly: (1) cause specified hazardous waste to be transported; (2) treat, store, or dispose of such waste in violation of any material condition or requirement of specified permits or of any applicable interim status regulations or standards; (3) omit material information used for purposes of compliance with regulations promulgated by the Administrator (or by a State program); (4) fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of such compliance; or (5) transports, or causes to be transported, without a manifest any hazardous waste required to be so accompanied. Raises the maximum criminal penalties for these and other violations, under specified conditions. Revises provisions relating to conditions for knowing endangerment. Raises the penalties for knowing endangerment. Revises provisions for review of certain actions of the Administrator relating to permits for treatment, storage, or disposal of hazardous waste and authorized State hazardous waste programs. Provides that action of the Administrator with respect to which review could have been obtained under such provisions of the Solid Waste Disposal Act shall not be subject to judicial review in civil or criminal proceedings for enforcement. Revises findings and objectives of the Solid Waste Disposal Act. Revises provisions for identification and listing of hazardous waste under such Act to add requirements with respect to specified wastes. Directs the Administrator, where appropriate, to list as subject to hazardous waste management provisions: (1) within ten months of enactment of this Act, additional wastes containing chlorinated dioxins and dibenzofurans; and (2) within two years after such enactment, wastes containing remaining halogenated dioxins and dibenzofurans. Directs the Administrator, within six months after such enactment, to determine whether or not to list as subject to such requirements 23 wastes named in a specified congressional committee report. Directs the Administrator to also list those hazardous wastes which shall be subject to hazardous waste management requirements because they contain hazardous constituents (such as identified carcinogens, mutagens, or teratagens) at concentration levels in excess of levels which endanger human health and and the environment. Sets forth delisting procedures. Directs the Administrator, when evaluating a petition to exclude a waste generated at a particular facility, to: (1) consider factors, other than those for which the waste was listed, which could cause the waste to be hazardous; (2) provide notice and opportunity for comment on such additional factors before granting or denying such petition; and (3) make a final decision on each such petition within 18 months after granting a temporary exclusion from regulation of such waste.
United States · United States Congress · 12 April 1983
Synthetic Fuels Corporation Amendments of 1983 - Amends the Energy Security Act to authorize the U.S. Synthetic Fuels Corporation to make loans, loan and price guarantees, and purchase agreements and to enter into joint ventures for district heating or cooling projects. Authorizes the Corporation to make price support loans for municipal waste energy projects which produce and sell biomass energy. Requires the Corporation to solicit proposals and provide financial assistance for district heating or cooling projects and municipal waste energy projects. Requires that the synthetic fuel production strategy established by the Corporation address the types of district heating or cooling projects and municipal waste energy projects the Corporation intends to assist. Makes a minimum of 25 percent of the amount of financial assistance available for obligation during any fiscal year by the Corporation available for such projects. Requires the Corporation's Board of Directors to assure that the Corporation is organized to evaluate, process, and review proposed and funded district heating or cooling projects and municipal waste energy projects.