United States · United States Congress · 22 February 1983
Authorizes States, whose land or land interests have been taken through the Federal power of eminent domain, to acquire Federal land of approximately equal value in lieu of monetary compensation. Establishes guidelines and procedures for State acquisition of such lands. Directs the Secretary of the Treasury to pay the difference between the Federal land values and the State land values to such States when State land values are greater. Conditions State acquisition of specified Federal lands upon State payment of the difference between disparate Federal and State land values when the Federal values are greater. Directs the Secretary of the Interior to appraise the unequal State and Federal land values, respectively, according to specified policies and procedures.
United States · United States Congress · 22 February 1983
Authorizes New Mexico to select specified Federal lands in lieu of monetary payment for specified State-owned lands in the White Sands Missile Range. Establishes quidelines for: (1) State selection and acquisition of Federal lands; (2) appraisal procedures for State and Federal land values; respectively; and (3) dispute resolution.
United States · United States Congress · 22 February 1983
Directs the Secretary of the military department concerned to allow members of the armed forces eligible for both types of retirement to elect whether they will retire for physical disability or for length of service.
United States · United States Congress · 22 February 1983
Aviation Drug-Trafficking Control Act - Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to revoke the airman certificate of any person who has been convicted of violations (other than simple possession) of State or Federal law relating to controlled substances. Requires the Administrator to revoke the airman certificate of any person who has knowingly transported any controlled substance, where such transportation is prohibited. Prohibits the Administrator from reissuing any revoked certificate for a period of five years. Grants the Secretary discretionary authority to reissue such certificate in certain circumstances before the end of a five-year period, but not before the end of the first year after revocation. Requires the Administrator to revoke the certificate of registration of an owner of an aircraft if it is determined that such aircraft has been used to transport controlled substances illegally. Sets forth certificate reissuance guidelines similar to those for the reissuance of airman certificates. Provides criminal penalties for violations of this Act, including selling or using fraudulent certificates.
United States · United States Congress · 22 February 1983
Bisti Badlands Wilderness Act - Designates certain lands in San Juan County, New Mexico, as the Bisti Badlands Wilderness. Provides that the De-na-zin area in San Juan County, New Mexico, shall be subject to review and designation as a wilderness study area until March 1, 1985.
United States · United States Congress · 22 February 1983
National Youth Land Use Commission Act of 1983 - Establishes the National Youth Land Use Commission to formulate guidelines for the development and use of Federal land suitable for youth camps. Requires that the Commission be composed of members appointed from the Bureau of Land Management, the U.S. Fish and Wildlife Service, the National Park Service, the Council of Environmental Quality, organizations involved with youth camping, environmental and wildlife preservation organizations, and the parents of young campers. Requires the Commission to transmit to the President and Congress interim reports as appropriate and a final report, within two years after the Commission's first meeting, on its findings and recommendations. Terminates the Commission two years after the submission of its final report.
United States · United States Congress · 22 February 1983
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 17 February 1983
Amends the Mineral Lands Leasing Act of 1920 to: (1) repeal provisions prohibiting the issuance of a coal lease when the leaseholder has not produced coal from the lease deposits in commercial quantities for ten years; (2) eliminate the requirement that a logical mining unit be contiguous; and (3) eliminate the time requirement with respect to the provision which directs a lessee to submit an operation and reclamation plan to the Secretary of the Interior prior to taking any action on a leasehold which might cause a significant disturbance of the environment.
United States · United States Congress · 17 February 1983
Revises provisions under the Mineral Leasing Act of 1920 relating to oil shale leasing. Authorizes the Secretary of the Interior to lease to any qualified person or corporation any deposits of oil shale and gilsonite on Federal lands. Limits leases to a maximum of 5,120 acres, unless a lease of that size is too small to permit economically viable operations, in which case the Secretary may increase the acreage to 15,360 acres after: (1) considering the reserve potential of the tract; (2) determining that additional acreage is necessary to have an economically viable commercial operation; and (3) documenting the basis for the increased acreage. Authorizes a lessee to acquire one additional lease in any State when it has achieved production in commercial quantities from an existing lease and it is within 15 years of exhausting the commercially recoverable reserves on the existing lease. Prohibits, with respect to gilsonite leases, any person, association, or corporation from acquiring more than 6,680 acres in any State without respect to the number of leases. Authorizes the issuance of a lease under the multiple use principle notwithstanding the existence of an outstanding lease issued under any other provision of the Act with respect to gilsonite. Authorizes the mining of other mineral deposits under an oil shale lease if such other deposits are: (1) intermingled with oil shale deposits; or (2) unlikely to be recovered except in conjunction with the oil shale deposits. Authorizes the Secretary to lease additional lands necessary for support operations, including: (1) oil shale waste disposal; and (2) building of facilities. Authorizes the Secretary to issue an oil shale lease upon a determination that the public interest will be served and after considering: (1) the need for the lease; (2) impacts on the environment and other resource values; (3) socioeconomic factors; and (4) information from consultations with the Governor of the State in which the land is located. Revises provisions relating to combined interests in leases. Prohibits any person, association, or corporation from holding or owning (as a member or stockholder of another association or corporation) more than the maximum number of oil shale leases or acreage for any kind of minerals allowed to any one person, association, or corporation, unless such ownership is less than ten percent.
United States · United States Congress · 15 February 1983
Amends the Alaska National Interest Lands Conservation Act to increase the acreage of the following preserves in Alaska (thereby easing restrictions on hunting on certain lands): (1) the Katmai National Preserve; (2) the Gates of the Arctic National Preserve; (3) the Noatak National Preserve; (4) the Lake Clark National Preserve; (5) the Wrangell-Saint Elias National Preserve; (6) the Denali National Preserve; (7) the Kenai Fjords National Preserve; (8) the Glacier Bay National Preserve; and (9) the Aniakchak National Preserve.
United States · United States Congress · 10 February 1983
Amends the Automobile Dealers Day in Court Act to prohibit a manufacturer from selling, leasing, or offering to sell or lease any passenger car, truck, or stationwagon to any person (or any other dealer) at a price lower than the price at which the same model is sold to its franchised dealers. Prohibits a manufacturer from imposing restrictions on some purchasers of automobiles, but not others. Requires that all rebates, discounts, refunds or other promotional inducement or benefit be provided to all ultimate purchasers of the same model of motor vehicle during the same period of time. Establishes an exception to the Act for the sale of automobiles to Federal, State or local governmental units. Applies this Act to importers of covered motor vehicles who import directly or through distributorships. Allows an automobile dealer to recover reasonable attorneys fees resulting from an action under this Act. Limits standing for a cause of action for termination of an agreement under this Act to dealers who comply with all reasonable provisions of the franchise agreement in question.
United States · United States Congress · 10 February 1983
Eliminates the social security offset against annuities provided under the Survivor Benefit Plan of the armed service when the benefits received are based on the annuitant's own employment.
United States · United States Congress · 10 February 1983
National Institute of Arthritis and Musculoskeletal Diseases Act of 1983 - Amends title IV (National Research Institutes) of the Public Health Service Act to establish a National Institute (Institute) of Arthritis and Musculoskeletal Diseases in the National Institutes of Health (NIH). Redesignates the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases as the National Institute of Diabetes and Digestive and Kidney Diseases. States that the Institute shall conduct research and related activities concerning arthritis and musculoskeletal diseases, including sports-related disorders and skin diseases. Requires the Director of the Institute, with the advice of the National Arthritis and Musculoskeletal Advisory Council, to establish a national plan to coordinate such activities. Establishes within the Institute: (1) the National Arthritis and Musculoskeletal Diseases Data System; and (2) the National Arthritis and Musculoskeletal Diseases Information Clearinghouse. Authorizes appropriations through FY 1986. Establishes within the Institute: (1) an Arthritis and Musculoskeletal Diseases Interagency Coordinating Committee; and (2) a Skin Diseases Interagency Coordinating Committee. Requires annual reports to the Secretary of Health and Human Services and to the Director of NIH. Establishes within the Institute a National Arthritis and Musculoskeletal Diseases Advisory Council. Authorizes appropriations through FY 1986 for arthritis and musculoskeletal demonstration projects and multipurpose disease centers. Requires the Institute to submit a biennial report. Transfers arthritis-related functions (including data system, advisory functions, coordinating functions, demonstration project, and multipurpose center), funds, personnel, and assets to the Institute from the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases. Requires the Secretary to report to the appropriate congressional committees and to the Comptroller General within 60 days regarding such transfers. Requires the Comptroller General to report to the appropriate congressional committees within 80 days regarding such transfers. Terminates the National Arthritis Advisory Board. Makes conforming amendments. Requires the Secretary, through NIH, to conduct a study of the existing combinations of disease research programs within the institutes and of the standards to be followed in establishing new or realigning existing institutes. Requires a report to the appropriate congressional committees within 18 months. Prohibits the establishment of any new institutes within six months of such report's submission. Directs the Secretary to conduct and complete within 60 days a review of the disease research programs of the National Institute of Diabetes and Digestive and Kidney Diseases (as redesignated by this Act) to determine if any of these programs could be more effectively managed by other national research institutions.
United States · United States Congress · 3 February 1983
Insanity Defense Limitation Act of 1983 - Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution that the defendant, as a result of mental disease or defect, lacked the ability to understand the nature and quality of the act or lacked the ability to distinguish right and wrong with respect to the act. Places the burden of proof of insanity on the defendant. Requires that any person found not guilty only by reason of insanity be committed to a facility until eligible for release. Requires the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is currently suffering from a mental disease or defect and his release would create a substantial danger to himself or herself or another person or serious damage to the property of another. Directs the Attorney General to release such person to a mental hospital or other suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger. Directs the court to order the discharge of a person who is found to have recovered. Provides for a special verdict of "guilty but mentally ill." Directs the Attorney General to take action to assure that a person found guilty but mentally ill receives appropriate treatment for any mental illness occurring during the term of such sentence.
United States · United States Congress · 2 February 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code of 1954 to permit the continued issuance of tax-exempt (interest excluded from gross income) mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 2 February 1983
Amends the Export Administration Act of 1979 to exempt from the termination provisions of such Act provisions relating to the export of domestically produced crude oil.
United States · United States Congress · 2 February 1983
Expresses the sense of the Congress that funding for community service employment programs for senior citizens under title V of the Older Americans Act of 1965 for FY 1984 and subsequent fiscal years should be provided at levels sufficient to maintain or increase the number of employment positions provided under such programs.
United States · United States Congress · 31 January 1983
Erosion Reduction Act of 1983 - Makes persons who cultivate erosion-susceptible land in a manner which does not prevent such erosion ineligible for price supports, loans, and other specified agricultural payments, loans, and price supports.
United States · United States Congress · 27 January 1983
Space Commerce Act - Directs the Secretary of Commerce to issue licenses for launching private sector space objects. Sets forth the conditions for issuing a license, including the ability to meet liability insurance requirements. Establishes criminal penalties for launching private space objects without such a license. Directs the Secretary to establish requirements for liability insurance to be carried by any licensee. Permits the Administrator to suspend or revoke a license for failure to comply with applicable regulations. Excludes from this Act space objects launched by or on behalf of the United States Government. Establishes the Commercial Space Commission to study the direction of future Government involvement and regulation of private sector commercial activity in outer space. Directs the Commission to report to Congress within a specified time. Terminates the Commission 60 days after its final report.
United States · United States Congress · 27 January 1983
Amends the Internal Revenue Code to increase from $25,000 to $100,000 the allowable amount of the income tax tax deduction for eliminating architectural and transportation barriers for the handicapped and aged. Makes such tax deduction permanent.
United States · United States Congress · 27 January 1983
Semiconductor Chip Protection Act of 1983 - Extends copyright protection to mask works. Defines a mask work as a series of related images: (1) having the predetermined, three- dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and (2) in which the relation of the images to one another is that each image has the pattern of the surface of one form of the chip product. Excludes masks and mask works from the pictorial, graphic, or sculptural works categories. Sets forth the exclusive rights the owner of copyright holds, including the right to: (1) embody the mask work in a mask, a two-dimensional partially transparent and opaque sheet; (2) distribute a mask embodying the mask work; (3) reproduce such work on material intended to be part of the semiconductor chip product; and (4) manufacture and distribute semiconductor chip products incorporating such masks. Sets forth limitations on such exclusive rights, including compulsory licensing, as specified. Sets the copyright term for masks at ten years from first authorized distribution, use, or manufacture. Excludes an innocent purchaser in good faith of a semiconductor chip product from infringement liability. Permits the impoundment and seizure of masks made or used in violation of the copyright owner's exclusive rights.
United States · United States Congress · 27 January 1983
Coal Pipeline Act of 1983 - Amends the Mineral Leasing Act of 1920 to authorize the Secretary of the Interior to grant or renew rights-of-way over, under, upon, or through any Federal lands for the construction, operation, maintenance, or extension of coal pipelines, if the person seeking the right-of-way has been issued a certification that it is in the national interest to construct, operate, and maintain the pipeline (or extend the pipeline). Prohibits granting a right-of-way over, under, upon, or through an historic site unless there is no feasible alternative and planning is made to minimize damage to the site. Requires a right-of-way granted or renewed under this Act to be granted or renewed in accordance with the requirements of the Federal Land Policy and Management Act. Prohibits the provisions of this act from affecting an existing or pending right-of-way except that if a certification has been made any renewal or extension may only be made pursuant to this Act. Authorizes the Secretary to issue regulations necessary to carry out this Act. Prohibits the United States or its agents from reserving, using, or claiming water in any State for a pipeline for which a certification has been issued unless such action takes place pursuant to State law. Authorizes acquisition of private lands by eminent domain if a certification has been issued, except with respect to historic sites or wildlife refuges. Requires the Secretary, if he or she determines that it is in the national interest, to approve an application for certification. Authorizes the Secretary to modify such application before its approval. Requires the Secretary in making such application determination to consider the extent to which a pipeline would: (1) help meet national needs; (2) enhance competition and provide new market outlets and opportunities; (3) contribute to national security; and (4) affect the environment. Directs the Secretary to notify the Attorney General of any pending application prior to making certification so as to permit the Attorney General to conduct an antitrust review. Requires every coal pipeline carrier issued a certification to provide service on reasonable request. Permits the use of eminent domain to acquire any portion of a right-of-way acquired under this Act if the use of such right-of-way is consistent with the operation and maintenance of the pipeline. Requires pipelines to be underground to the maximum extent possible. Directs the Secretary to issue regulations establishing uniform Federal standards for the safe design, installation, inspection, and maintenance of coal pipeline facilities. Exempts facilities under construction. Sets forth civil and criminal penalties for violations of such regulations. Authorizes the Attorney General to institute a civil action for a restraining order or injunction to enforce any provision of this Act. Sets forth civil and criminal penalties for violations of this Act.
United States · United States Congress · 26 January 1983
American Conservation Corps Act of 1983 - Directs the Secretary of the Interior, in cooperation with the Secretary of Agriculture, to establish and administer a public lands conservation, rehabilitation, and improvement program called the American Conservation Corps. Requires the Secretary to provide assistance to program agencies (any Federal or State agency responsible for the management of public lands) to establish and operate residential and nonresidential conservation centers to implement program projects. Describes the types of projects which will receive program preference. Limits program projects to those on public lands or Indian lands, except where projects on nonpublic lands provide documented public benefits. Sets forth requirements for establishing conservation centers and eligibility criteria for enrollees in the program. Makes persons eligible for enrollment and employment in the program if they are: (1) unemployed; (2) between the ages of 16 and 25 years; and (3) citizens, lawful permanent residents, or lawfully admitted alien parolees or refugees. Provides that, in the selection of enrollees for the program, preference shall be given to economically, socially, physically, and educationally disadvantaged youth and youth residing in areas having substantial unemployment. Requires program agencies to provide services, facilities, supplies, and equipment for conservation centers as the Secretary deems necessary. Authorizes the Secretary to award grants to, or enter into agreements with, program agencies for the funding and operation of conservation centers. Authorizes appropriations for FY 1983 through 1989. Requires that such appropriations come from specified Treasury receipts. States that program enrollees shall not be deemed Federal employees, except for certain purposes. Directs the Secretary to establish pay rates and to coordinate the program with related Federal, State, local, and private activities. Directs the Secretary to submit a report to Congress, within one year of enactment of this Act, on the feasibility of allowing enrollees who have completed two years in the program an exemption from training and service under the Military Selective Service Act. Directs the Secretary to make arrangements with educational institutions to award academic credit to enrollees for competencies developed under this Act. Authorizes program agencies to make arrangements with such institutions for academic study by enrollees during nonworking hours. Requires program agencies to provide certification of skills acquired by program participants and to provide job guidance and placement information as necessary. Directs the Secretary to submit an annual report to the President and Congress detailing the activities carried out under this Act. Entitles to an appeal to the Merit Systems Protection Board any Federal employee displaced rightly or wrongly by activities under this Act. Grants similar appeal rights to the employees of any contract grantee similarly displaced.
United States · United States Congress · 26 January 1983
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit prayer in public schools or institutions. States that no person shall be required by the United States or any State to participate in prayer.
United States · United States Congress · 25 January 1983
Declares it to be the policy of the Government that: (1) Federal procurement should be accomplished on a competitive basis wherever possible through the General Services Administration (GSA); (2) the use of multiple award schedules should be restricted to cases where competitive single awards are not feasible, sales volume justifies centralized procurement, and a valid need exists for functionally similar items with different prices and features; and (3) where the volume of products purchased is too low to provide a price advantage and commercial "off-the-shelf" products can be substituted for products designed to Government specifications, individual agencies should purchase items locally subject to review by GSA. Directs the Administrator of GSA to implement such policy, the recommendations on procurement contained in the Comptroller General's report of May 2, 1979, and the policy statement prepared by the Office of Acquisition Policy in response to such report. Directs the Administrator, within 60 days after enactment, to issue transitional regulations governing purchases from any multiple award schedule. Requires that such regulations: (1) include the requirement that whenever any agency procurement officer or employee determines that an item in such a schedule is available from a commercial source in the area at a lower cost and under conditions which are no less favorable to the Government than is the case under the schedule, the item shall be purchased from that source; and (2) establish procedures for the audit and review of any such purchase and the enforcement of such regulations by GSA. Repeals such regulations on the effective date of the regulations which are issued to implement the procurement policy declared by this Act and which apply to any item on a multiple award schedule. Requires the Administrator to submit to Congress periodic reports on actions taken, and legislation needed, to carry out this Act.
United States · United States Congress · 25 January 1983
Authorizes the President to present on behalf of Congress a gold medal to Danny Thomas in recognition of his humanitarian efforts and outstanding work as an American. Directs the Secretary of the Treasury to strike a gold medal with suitable emblems, devices, and inscriptions to be determined by said Secretary. Provides, effective October 1, 1983, funds not to exceed $22,000 to carry out the purposes of the Act. Provides that the Secretary may cause bronze duplicates of the medal to be coined and sold under regulations prescribed by the Secretary at a price sufficient to cover the costs of producing the gold medal. Directs that the appropriation used to carry out the provisions of the Act shall be reimbursed out of the proceeds from such coin sales. Provides that the medals are to be national medals.
United States · United States Congress · 6 January 1983
Directs the Secretary of Labor to pay a benefit of $50,000 to the survivors of any Federal law enforcement officer or firefighter who has died as the direct result of an injury sustained in the line of duty. Sets forth the order of precedence as to the beneficiaries of such payment. Authorizes the Secretary to make an interim payment not to exceed $3,000 to a survivor who, in the Secretary's determination, probably will receive such a benefit. Declares that no such benefit shall be subject to execution or attachment. Prohibits payment of such benefit: (1) if death was caused by the intentional misconduct, suicide, or intoxication of the officer or firefighter; and (2) to any beneficiary whose actions contributed to the death of the officer or firefighter.
United States · United States Congress · 6 January 1983
Permits a reserve commissioned officer on active duty who is promoted to a higher reserve grade to continue to serve on active duty in such higher grade.
United States · United States Congress · 6 January 1983
Declares that it is the sense of the Congress that the Budget Committee of the House consider in detail the option of a freeze on Federal spending at FY 1983 levels in developing concurrent budget resolutions for FY 1984, 1985, and 1986.
United States · United States Congress · 3 January 1983
Amends the Civilian Health and Medical Program of the Uniformed Services to include chiropractic care among the services offered members, former members, and dependents of the uniformed services. Authorizes the appointment of chiropractors as commissioned officers in the Medical Services Corps of the Army, the Navy, and the Air Force. Entitles such officers to the same pay as dental officers.
United States · United States Congress · 13 December 1982
Space Commerce Act - Directs the Secretary of Commerce to issue licenses for launching private sector space objects. Sets forth the conditions for issuing a license, including the ability to meet liability insurance requirements. Establishes criminal penalties for launching private space objects without such a license. Directs the Secretary to establish requirements for liability insurance to be carried by any licensee. Permits the Administrator to suspend or revoke a license for failure to comply with applicable regulations. Excludes from this Act space objects launched by or on behalf of the United States Government. Establishes the Commercial Space Study Commission to study the direction of future Government involvement and regulation of private sector commercial activity in outer space. Directs the Commission to report to Congress within a specified time. Terminates the Commission 60 days after its final report.
United States · United States Congress · 29 November 1982
National Park Visitor Facilities Fund Act - Establishes in the Treasury the National Park Visitor Facilities Fund, which shall consist of National Park System franchise fees. Authorizes amounts credited to the Fund to be appropriated, beginning in FY 1984, to the National Park Service, and to be made available to the National Park Foundation to carry out its functions under this Act. Requires the Secretary of the Interior to appoint the Executive Committee of the National Park Foundation. Requires the Executive Committee to consider and recommend to the Foundation construction and improvements projects for national park visitor facilities, which have been recommended by the National Park Service. Requires the Secretary to make grants to the Foundation to carry out projects approved by the Board of the Foundation. Directs the Foundation to include in its annual report to Congress a description of such projects and its accomplishments under this Act. Provides for the expiration of the authorities contained in this Act on September 30, 1989. Requires that any amount in the Fund which has not been appropriated or obligated be transferred to the Treasury after that date.
United States · United States Congress · 1 October 1982
Declares it to be the policy of the Government that: (1) Federal procurement should be accomplished on a competitive basis wherever possible through the General Services Administration (GSA); (2) the use of multiple award schedules should be restricted to cases where competitive single awards are not feasible, sales volume justifies centralized procurement, and a valid need exists for functionally similar items with different prices and features; and (3) where the volume of products purchased is too low to provide a price advantage and commercial "off-the-shelf" products can be substituted for products designed to Government specifications, individual agencies should purchase items locally subject to review by the GSA. Directs the Administrator of the GSA to implement: such policy; the recommendations on procurement contained in the Comptroller General's report of May 2, 1979; and the policy statement prepared by the Office of Acquisition Policy in response to such report. Directs the Administrator, within 60 days after enactment, to issue transitional regulations governing purchases from any multiple award schedule. Requires that such regulations: (1) include the requirement that whenever any agency procurement officer or employee determines that an item in such a schedule is available from a commercial source in the area at a lower cost and under conditions which are no less favorable to the Government than is the case under the schedule, the item shall be purchased from that source; and (2) establish procedures for the audit and review of any such purchase and the enforcement of such regulations by the GSA. Repeals such regulations on the effective date of the regulations which are issued to implement the procurement policy declared by this Act and which apply to any item on a multiple award schedule. Requires the Administrator to submit to Congress periodic reports on actions taken and legislation needed to carry out this Act.
United States · United States Congress · 24 September 1982
Nuclear Waste Policy Act of 1982 - Title I: Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste - Provides that titles I and III of this Act shall not apply to atomic energy defense activities or to facilities connected with such activities. Requires that within two years after enactment of this Act the President shall evaluate the use of repositories to be developed under subtitle A of this Act for the disposal of high-level radioactive waste resulting from atomic energy defense activities and shall arrange for such use, unless the President finds that the development of a repository exclusively for waste from atomic energy defense activities is required. Subjects such a repository to licensing requirements and to Nuclear Regulatory Commission (NRC) requirements for the establishment of repositories. Provides that this Act shall apply to repositories not used exclusively for high-level radioactive waste or spent nuclear fuel from: (1) atomic energy defense activities; (2) research and development activities of the Secretary of Energy; or (3) both. Requires the Secretary to notify the State in which, or the Indian tribe on whose reservation, a repository for high-level radioactive waste or spent nuclear fuel from atomic energy defense activities or from research and development activities of the Secretary is proposed to be located. Entitles the State or Indian tribe involved to rights of participation and consultation with respect to the development of such a repository. Subtitle A: Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel - Requires the Secretary, within 180 days after enactment of this Act, to issue general guidelines for the recommendation of repository sites. Sets forth the contents of such guidelines. Requires the Secretary, following the issuance of the guidelines and consultation with affected States, to recommend to the President at least five candidate sites in at least two different geologic media which are suitable for site characterization for repositories for the permanent disposal of high-level radioactive waste and spent nuclear fuel. Requires the Secretary to recommend at least one additional candidate site by February 1, 1985. Requires that each candidate site recommendation be accompanied by an environmental assessment and a basis for the recommendation. Directs the Secretary to notify the Governor of the State in which a candidate site is located or the Indian tribe on whose reservation a candidate site is located. Requires the Secretary to hold public hearings to inform the residents of the area in which a candidate site is located of the proposed recommendation and to receive their comments before making such recommendation to the President. Requires the President to: (1) review each candidate site recommendation; (2) either approve or disapprove the recommendation within 60 days; and (3) transmit such decision to the Secretary and to the appropriate Governor or Indian tribe. Provides that the President's failure to approve or disapprove a candidate site within the 60-day period or to invoke authority to delay the determination shall be considered an approval. Provides that this Act shall not prohibit the Secretary from continuing ongoing or presently planned site characterization at Department of Energy sites for which the location of the principal borehole was approved by August 1, 1982, provided that an environmental assessment is prepared and made available to the public before shafts are sunken at any such site. Prohibits the continuation of site characterization at any such site unless such site is recommended as a candidate site and approved by the President. Requires the Secretary to carry out site characterization activities at each candidate site approved by the President. Requires the Secretary to submit to the NRC and to either the State in which a candidate site is located or the Indian tribe on whose reservation such a site is located for review, before beginning site characterization activities: (1) a general plan for site characterization activities; (2) a description of the possible packaging for the high-level radioactive waste and spent nuclear fuel to be emplaced in the repository; and (3) a conceptual repository design that takes into account likely site-specific requirements. Directs the Secretary to make the required site characterization plan available to the public and to hold public hearings on it. Provides for the Secretary to report periodically to the NRC and to the appropriate State or Indian tribe during the conduct of the site characterization activities. Restricts the Secretary's use of radioactive materials during site characterization activities. Requires the Secretary to notify the appropriate State or Indian tribe of a decision to recommend approval of a candidate site upon completion of the public hearings and of the site characterization activities. Authorizes the Secretary to submit such recommendation to the President 30 days or more after such notification. Sets forth procedural requirements with respect to such recommendation. Directs the President to recommend to Congress by March 31, 1987, a site qualified for repository construction. Permits a 12-month extension of the deadline for such recommendation if, before March 31, 1986, the President: (1) decides it is necessary; and (2) sends a report to Congress stating the reasons for the extension. Requires recommendation of another site for a repository if Congress disapproves the President's first recommendation. Directs the Secretary to submit a construction license application for a repository to the NRC and to the appropriate State or Indian tribe if the President's site recommendation becomes effective. Requires the NRC to submit to Congress a status report on such application within one year after its submission by the Secretary and annually thereafter until the construction authorization is granted. Requires that the NRC issue a final decision on such an application by January 1, 1989, or three years after an application is submitted (plus any authorized extension under this Act), whichever occurs later. Directs the Secretary to prepare and update a project decision schedule showing the optimum way to attain the operation of the repository within the time periods specified in this subtitle. Sets forth procedural requirements for Federal agencies which cannot, or fail to, comply with deadlines in the project decision schedule. Requires that a final environmental impact statement accompany any recommendation by the Secretary for site approval by the President. Requires that the environmental impact statement be adopted by the NRC in connection with the issuance of the construction authorization and license for such repository. Makes a site designation effective 60 days after the President recommends such site to Congress, unless the affected Governor or Indian tribe submits to Congress a notice of disapproval of the site designation. Provides that if a notice of disapproval is submitted, a site designation shall not be effective unless Congress passes a resolution of repository siting approval. Authorizes the affected Governor or Indian tribe to submit to Congress a notice of disapproval within 60 days after the President submits a site recommendation to Congress. Directs the Secretary to make grants to each State in which a candidate site for a repository is approved under this Act and to each Indian tribe on whose reservation such a site is approved under this Act, to enable such States and Indian tribes to: (1) determine the potential economic, social, public health and safety, and environmental impacts of the repository; (2) develop a request for impact assistance; (3) monitor, test, evaluate, or research the site characterization programs; (4) provide their residents with information on site characterization activities; and (5) request information from, and make recommendations to, the Secretary with respect to activities under this Act. Limits such grants to 90 percent of the costs incurred by a State and to 100 percent of the costs incurred by an Indian tribe with respect to such activities. Requires the Secretary to provide financial and technical impact assistance, upon request, to any State in which, or to any Indian tribe on whose reservation, there is a site for which the NRC has authorized repository construction. Sets forth reporting requirements with which a State or Indian tribe seeking such assistance must comply. Requires the Secretary to make additional grants to States and local governments in areas where a repository site is approved and to Indian tribes on whose reservation a repository site is approved. Requires that such grants be equal to amounts the States, local governments, and Indian tribes would receive if they were authorized to tax site characterization activities and the development and operation of the repository. Provides for the payment of such grants each fiscal year until such activities, development, and operation are terminated at the site concerned. Sets forth time periods after which Federal grants and impact assistance to States and Indian tribes shall not be available. Provides that such Federal assistance shall be paid out of the Nuclear Waste Fund established by this Act. Requires the Secretary to notify the Governor of the State in which is located an Indian reservation on which a repository site is designated whenever the Secretary is required by this Act to notify or consult with the Indian tribe concerned. Requires that information with respect to the siting, establishment, and operation of a repository be provided upon written request to the appropriate State or Indian tribe. Directs the Secretary to consult and cooperate with the Governors of affected States and with affected Indian tribes to resolve State and tribal concerns regarding the public health and safety, environmental, and economic impacts of any repository. Requires the Secretary to enter into binding written agreements with affected States and Indian tribes under which such information shall be provided and such consultation and cooperation shall be carried out. Sets forth requirements with respect to judicial review of agency actions pursuant to this subtitle. Provides for expedited issuance (to the extent permitted by law) of Federal authorizations required under this subtitle with respect to the characterization of a site or the construction or initial operation of a repository. Exempts NRC authorizations from such requirements. Requires the promulgation of: (1) Environmental Protection Agency standards for the protection of the general environment from offsite releases from radioactive material in repositories; and (2) NRC technical requirements and criteria for reviewing applications for repository construction authorizations, repository operating licenses, and repository closure and decommissioning authorizations. Requires repositories constructed on sites approved under this Act to be designed to permit the retrieval of spent nuclear fuel placed in them. Provides that delivery, and acceptance by the Secretary, of high-level radioactive waste or spent nuclear fuel at a repository constructed under this Act shall constitute a transfer of title to the waste or spent fuel. Requires the Secretary to give full consideration to the effect of any acquisition of water rights required by the establishment of a repository. Terminates the authority under this subtitle with respect to judicial review and expedited authorizations at the time a repository developed under this subtitle is licensed to receive and possess high-level radioactive waste and spent nuclear fuel. Subtitle B: Interim Storage Program - Directs the Secretary, the NRC, and other Federal officials to encourage and expedite the effective use of available storage and necessary additional storage at civilian nuclear reactor sites. Requires the NRC to establish procedures for licensing technology approved by the NRC for use at civilian nuclear reactor sites. Sets forth the procedural rules which shall govern NRC hearings on applications for licenses or license amendments, filed after the enactment of this Act, to expand spent nuclear fuel storage capacity at civilian nuclear reactor sites. Directs the Secretary to provide up to 1700 metric tons of storage capacity for spent nuclear fuel from civilian nuclear reactors. Authorizes the Secretary to contract with an owner or generator of spent nuclear fuel to provide storage capacity for the spent fuel if: (1) adequate storage capacity cannot be provided at the nuclear reactor site where the spent fuel is being generated or at any other nuclear reactor site owned by such person; and (2) such person is pursuing licensed alternatives to Federal storage capacity. Authorizes the Secretary to provide up to 100 metric tons of storage capacity for foreign spent nuclear fuel that the United States is required to accept pursuant to international arrangements relating to the nonproliferation of nuclear weapons. Authorizes the Secretary to provide an aggregate of up to 200 metric tons of additional storage capacity for spent nuclear fuel from civilian nuclear reactors and for foreign spent nuclear fuel. Provides that the provision of 300 or more metric tons of storage capacity at any one Federal site shall require the preparation of an environmental impact statement. Requires the Secretary to prepare and publish: (1) an environmental assessment of the probable impacts of the provision of less than 300 metric tons of storage capacity at a Federal site that requires the modification or expansion of any facility at the site; and (2) a discussion of the actions that can be undertaken to avoid such impacts. Makes such an assessment subject to judicial review. Requires the Secretary to notify the appropriate State or Indian tribe if 300 or more metric tons of storage capacity are to be provided at any Federal site. Authorizes the State or Indian tribe to submit to Congress a notice of disapproval, with respect to the provision of such storage capacity, within 60 days after being notified by the Secretary. Provides that if such a notice of disapproval is submitted to Congress, the proposed provision of 300 or more metric tons of storage capacity at the site involved shall be disapproved unless Congress passes a resolution approving it. Requires the removal of spent nuclear fuel stored under the interim storage program as soon as practicable after a repository developed under this Act becomes available. Directs the Secretary to report annually to Congress on plans to provide storage capacity under this Act. Requires the NRC to establish procedures and criteria for determining the adequacy of spent nuclear fuel storage capacity available to owners or generators of spent nuclear fuel. Provides that the Secretary's acceptance of spent nuclear fuel or high-level radioactive waste shall not constitute a transfer of title to such fuel or waste. Requires the Secretary to submit to Congress a report establishing fees, calculated annually, for storage of spent nuclear fuel. Requires persons entering into storage contracts with the Secretary to pay a pro-rated portion of the storage costs involved. Prohibits the storage of spent nuclear fuel generated or owned by a Federal agency in storage capacity provided under this Act, unless the agency transfers to the Secretary an amount equal to the fees required of any party to a storage contract. Establishes in the Treasury the Interim Storage Fund which shall consist of: (1) receipts from storage contracts; (2) appropriations made by Congress to the fund; and (3) any unexpended balances available on the enactment of this Act for functions or activities related to the interim storage of spent nuclear fuel. Authorizes the Secretary to use the fund to cover the costs of the interim storage program, including: (1) the development, licensing, operation, and decommissioning of interim storage facilities; (2) administrative costs; and (3) design, operation, and construction costs of interim facilities. Subtitle C: Monitored Retrievable Storage - Requires the Secretary to submit to Congress a proposal for Federal construction of one or more monitored retrievable storage facilities for high-level radioactive waste and spent nuclear fuel. Requires that an environment assessment accompany such proposal. Subjects any facility authorized pursuant to this subtitle to licensing by the NRC. Limits the issues which the NRC may consider in reviewing the first licensing application filed by the Secretary. Directs the Secretary to make annual impact aid payments from the Interim Storage Fund to the appropriate local governments upon receipt of congressional authorization to construct such a facility. Permits the development in any State of either a repository or a monitored retrievable storage facility, but not both. Subtitle D: Low-Level Radioactive Waste - Requires the NRC to ensure that licensees providing for the disposal of low-level radioactive waste provide adequate financial arrangements to permit disposal site closure and reclamation of sites, structures, and equipment. Authorizes the Secretary to assume title and custody of low-level radioactive waste and the disposal site, upon the owner's request and after termination of the disposal license, if: (1) the NRC's requirements for site closure, decommissioning, and decontamination have been met by the licensee involved; (2) such title and custody will be transferred to the Secretary without cost to the Government; and (3) Federal ownership and management of the site will protect the public health and safety and the environment. Title II: Research, Development, and Demonstration Regarding Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel - Requires the Secretary, within six months after enactment of this Act, to issue general guidelines for the selection of a site for a test and evaluation facility. Requires the Secretary, within one year after enactment of this Act and following promulgation of such guidelines, to identify three or more sites, at least two of which shall be in different geologic media and at least one of which shall be in media other than salt. Provides that the Secretary shall give preference to sites in media that retard aqueous transport of radionuclides. Requires that all sites so identified be more than 15 statute miles from towns with populations of more than 1,000, unless sites contained high-level radioactive waste prior to identification. Requires that each site identification be supported by an environmental assessment. Directs the Secretary to notify the appropriate State or Indian tribe when a site has been identified. Permits the identification of other sites beyond the one-year period. Requires the Secretary to select a site for expanded siting research activities within 30 months after the Secretary has completed site identifications. Directs the Secretary to hold at least one public meeting in the vicinity of identified sites to discuss the activities to be conducted and receive residents' views within six months after site identifications are completed and before siting research activities are begun. Restricts the Secretary's use of radioactive materials during siting research activities. Authorizes the Secretary to take title to the high-level radioactive waste, spent nuclear fuel, and other radioactive material emplaced in a test and evaluation facility. Grants a State or Indian tribe notified of a test and evaluation facility site identification affecting it the right to participate in a process of consultation and cooperation from the time of such identification throughout the life of the facility. Authorizes the Secretary to enter into written agreements with such a State or Indian tribe to expedite the consultation and cooperation process. Requires Federal agency cooperation in the preparation of necessary reports and the mission plan required by this Act. Requires the Secretary to begin construction of a test and evaluation facility within 64 months of the enactment of this Act to carry out research and provide a demonstration of the technology for geologic disposal of high-level radioactive waste and spent nulcear fuel. Sets forth the design requirements for such facilities. Requires the Secretary to begin an in situ testing program at such facility within 88 months after enactment of this Act. Provides for the use of existing Department facilities for conducting generically applicable tests with respect to packaging, handling, and emplacement technology for solidified high-level radioactive waste and spent nuclear fuel from civilian nuclear activities. Requires the NRC to carry out a continuing review and analysis of the activities under this title to evaluate the public health and safety impacts of the test and evaluation facility. Directs the NRC to report to the President, the Secretary, and Congress on such activities. Requires the Secretary to prepare an environmental impact statement before conducting tests with radioactive materials at the test and evaluation facility. Requires the NRC to concur in the decontamination and decommissioning of the facility if it is not located at a repository site. Limits the in situ testing program if the faciltiy is not located at a candidate or repository site. Sets forth the termination date for the facility. Requires the Secretary to remove radioactive material from the facility site as soon as the facility is found to be unsuitable for continued operations. Provides for the Secretary to establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear reactor sites. Directs the Secretary to undertake also a cooperative program with civilian nuclear reactors to encourage the development of technology for spent nuclear fuel rod consolidation in existing reactor water storage basins. Requires the Secretary to enter into cooperative agreements with the utilities involved to carry out such programs. Authorizes the establishment of a research and development program for the dry storage of up to 300 metric tons of spent nuclear fuel at Federal facilities. Requires the Secretary to provide spent nuclear fuel for such program from spent nuclear fuel received by the Secretary for storage under subtitle B of this Act. Limits the Federal contribution to the demonstration program to 25 percent of the total costs. Requires the remaining program costs to be covered by the utilities involved or by the Secretary from the Interim Storage Fund. Restricts the use of Department research, development, or demonstration facilities under this title without congressional authorization. Requires the Secretary to pay 75 percent of the costs incurred by a State or Indian tribe which engages in any activity pursuant to a consultation and cooperation agreement with respect to the test and evaluation facility. Requires a State receiving such payment to pay at least one-tenth of such amount to the local governments within the jurisdictional boundaries of which the site involved is located. Provides for the Secretary to report to Congress on the research and development activities necessary to develop the proposal for monitored retrievable storage facilities. Title III: Other Provisions Relating to Radioactive Waste - Requires the Secretary to prepare a mission plan which shall provide an informational basis for carrying out the repository program and the research, development, and demonstration program required under this Act. Requires that the mission plan include scientific, technical, and economic information with respect to repository siting and construction, the test and evaluation facility, and solidification and packaging of high-level radioactive waste spent nuclear fuel. Directs the Secretary to submit a draft mission plan to the States, Indian tribes, the NRC, and other appropriate Government agencies for their comments. Provides for the Secretary to submit the mission plan to the appropriate congressional committees after reviewing any comments received and revising the plan as necessary. Requires that the plan be used at the end of the 30-day period following Congress' receipt of the plan. Requires the Secretary to report to Congress annually on the progress made toward implementation of the plan. Authorizes the Secretary to enter into contracts for the disposal of high-level radioactive waste and spent nuclear fuel of domestic origin with owners or generators of such waste and spent fuel. Requires the Secretary to submit to Congress a report establishing payment charges per unit of such waste and spent fuel to be calculated annually. Provides that persons entering into disposal contracts with the Secretary and any other persons desiring to dispose of high-level radioactive waste and spent nuclear fuel in repositories developed under this Act shall pay a ratable portion of the disposal costs involved. Prohibits the NRC from issuing or renewing a license for an individual to use a utilization or production facility unless such individual has entered into, or is negotiating with the Secretary for, a disposal contract. Prohibits the disposal of spent nuclear fuel or high-level radioactive waste by the Secretary in any repository constructed under this Act, unless the owner or generator of such spent fuel or waste has entered into a disposal contract by a specified date. Permits the assignment of the rights and duties of a party to a disposal contract with transfer of title to the spent nuclear fuel or high-level radioactive waste involved. Prohibits the disposal of any high-level radioactive waste or spent nuclear fuel generated or owned by a Federal agency in a repository constructed under this Act, unless the agency transfers to the Secretary for deposit in the Nuclear Waste Fund an amount equal to the fees required of any party to a disposal contract. Establishes in the Treasury a Nuclear Waste Fund which shall consist of: (1) receipts from disposal contracts; (2) appropriations made by Congress to the fund; and (3) any unexpended balances available on the enactment of this Act for functions or activities related to high-level radioactive waste and spent nuclear fuel disposal. Limits the use of the fund to radioactive waste disposal activities under this subtitle. Directs the Secretary to study, and report to Congress on, alternative approaches to managing the construction and operation of all civilian radioactive waste management facilities. Requires the Secretary to make available Federal storage facilities for transuranic waste from decommissioning and decontamination of civilian nuclear facilities and from civilian fuel research and development programs. Authorizes the Secretary to take title to such waste upon receipt. Directs the Secretary to require generators and owners of transuranic waste to enter into contracts providing that they will pay an estimated pro rata share of the costs of disposal in a repository or other facility, in addition to the storage fee. Requires the Secretary to remove the transuranic waste from the storage facilities as soon as practicable after a repository or other facility becomes available. Prohibits the Secretary from accepting title to transuranic waste or accepting additional transuranic waste for disposal two years or more after enactment of this Act. Prohibits the Secretary from providing storage for transuranic waste on the date on which a repository or other facility becomes available for transuranic waste disposal or six years after the NRC issues final regulations establishing criteria for the licensing of civilian transuranic waste disposal facilities, whichever date occurs first. Directs the Secretary to conduct a study and report to Congress on: (1) the amount of transuranic waste eligible for storage under this Act through December 31, 2000; (2) the amount of private storage capacity available for such waste; (3) the availability of Federal storage capacity for such waste; and (4) the Secretary's plan for disposal of the waste to which title is accepted by the Secretary. Requires the Administrator of the Environmental Protection Agency to issue standards and the NRC to issue final regulations establishing criteria for the licensing of civilian transuranic waste disposal facilities within two years after enactment of this Act. Establishes within the Department of Energy an Office of Civilian Radioactive Waste Management to carry out the functions of the Secretary under this Act. Requires the Director of the Office to report annually to Congress on the activities and expenditures of the Office. Requires the Comptroller General to make an annual audit of the Office and report the results to Congress. Requires the Secretary to report to Congress on whether the test and evaluation facility will be located at a repository site. Requires that site selection and development of the facility be conducted according to the requirements of title I of this Act relating to repository site selection and development if the facility is to be located at a repository site. Prohibits the Secretary from commencing construction of any test and evaluation facility at such a site until the NRC has issued a repository construction authorization for the site involved and the site designation is effective. Prohibits the conversion of a test and evaluation facility into a repository, unless site selection and development of the facility complied with the requirements of title I of this Act relating to repository site selection and development.
United States · United States Congress · 11 August 1982
Missing Children Act - Authorizes the Attorney General to collect and exchange information which would assist in the identification of unidentified deceased individuals and the location of missing persons, including missing children.
United States · United States Congress · 27 July 1982
Wolf Trap Farm Park Act of 1982 - Authorizes the Secretary of the Interior (the Secretary) to provide to the Wolf Trap Foundation for the Performing Arts for reconstruction of the Filene Center in Wolf Trap Farm Park: (1) a grant of $9,000,000; and (2) a loan not to exceed $9,000,000, to be repaid in full, with interest at a rate determined by the Secretary of the Treasury plus an allowance to cover the administrative expenses of servicing the loan. Prohibits the term of such loan from exceeding five years. Authorizes appropriations for making the grant and the loan. Provides that all right, title, and interest in a reconstructed Filene Center shall vest in the United States. Authorizes the Secretary to provide support services in such reconstruction, upon request by the foundation, on a reimbursable basis. Provides for the authority under this Act to lapse if funds are not appropriated within five years of enactment of this Act. Provides that the foundation shall have an insurable interest in the physical facilities of the Filene Center in addition to any other insurable interest to which it may be entitled. Requires that the foundation procure its own insurance. Requires that insurance proceeds be applied to the repair or replacement of the Filene Center. Requires the Secretary to cooperate with the foundation in the operation of Wolf Trap Farm Park.
United States · United States Congress · 15 July 1982
Residential Mortgage Investment Act of 1982 - Permits employee benefit plans, as defined under this Act, to engage in any qualified mortgage transaction involving any qualified residential mortgage loan, provided transactions between all parties are at arm's length. Permits such plans to participate in any mortgage pool, provided such pool conforms to specified requirements with regard to permitted investments. Authorizes the Secretary of the Treasury to prescribe regulations to carry out this Act. Provides that this Act shall supersede any and all contrary provisions of State law, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code. Prohibits the imposition of Federal excise tax on a plan or pool that engages in a transaction described under this Act.
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