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Official portrait of Rep. Madigan, Edward R. [R-IL-15]

Rep. Madigan, Edward R. [R-IL-15]

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2,180 records where Rep. Madigan, Edward R. [R-IL-15] is listed as a sponsor, author, or other actor. Search with topics and years

Resolution· HCONRESH.Con.Res. 339 (98th)open

A concurrent resolution calling upon the President to seek an international convention for the suppression of international terrorism.

United States · United States Congress · 29 June 1984

Expresses the sense of the Congress that the President should make every effort to convene an international conference on terrorism: (1) at which participating countries would share intelligence about international terrorist organizations and discuss counterterrorism strategy and techniques; and (2) which would result in the adoption of a Convention for the Suppression of International Terrorism to strengthen international law with respect to terrorist acts. Provides for the establishment by the Convention of effective procedures for dealing with such international terrorism.

Bill· HRH.R. 5959 (98th)open

Safe Drinking Water Act Amendments of 1984

United States · United States Congress · 28 June 1984

Safe Drinking Water Act Amendments of 1984 - Title I: Public Water Systems - Amends the Safe Drinking Water (the Act) to revise provisions for national primary drinking water regulations. Provides that, effective on the date of enactment of this Act, each national interim primary drinking water regulation promulgated before such date shall be deemed to be a national primary drinking water regulation. Provides that no such regulation shall be required to comply with specified standards under this Act unless such regulation is amended to establish a different maximum contaminant level after the date of enactment of such amendments. Directs the Administrator of the Environmental Protection Agency (EPA), within specified time periods for certain contaminants, to: (1) simultaneously propose maximum contaminant level goals and national primary drinking water regulations; and (2) after opportunity for public comment, simultaneously publish maximum contaminant level goals and promulgate national water regulations. Directs the Administrator to do so: (1) within 18 months after the enactment date of this Act, for the 14 contaminants listed in the Advance Notice of Proposed Rulemaking in a specified issue of the Federal Register; and (2) within 36 months after such enactment date, for each of the contaminats listed in the Advanced Notice of Proposed Rulemaking in a specified later issue of the Federal Register. Requires the Administrator, if such goals and regulations for a particular contaminant are not to be proposed and published by such deadlines, to make and publish a determination in the Federal Register that such a regulation is not necessary because the levels of such contaminant currently found in public water systems do not represent a threat of a known or anticipated adverse effect on the health of persons. Directs the Administrator to publish maximum contaminant level goals and simultaneously promulgate national primary drinking water regulations for each substance (other than those contaminants referred to in the previous paragraph) which, in the Administrator's judgment, may have an adverse effect on the health of persons. Requires the Administrator on January 1, 1988, and at annual intervals thereafter, to publish a list establishing priorities for the review of substances which may require regulation under the Act to prevent known or anticipated adverse effects on the health of persons. Requires the Administrator's consideration, in establishing such priorities, to include substances regulated as toxic water pollutants under the Clean Water Act and substances registered as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Directs the Administrator, within three years of each contaminant's being listed on such priority list, to either: (1) simultaneously publish a maximum contaminant level goal and promulgate a national primary drinking water regulation; or (2) make and publish a determination in the Federal Register that such a regulation is not necessary for such contaminant because its levels in public water systems do not represent a threat of a known or anticipated adverse effect on the health of persons. Requires that each maximum contaminant level goal established under this Act be set at the level which, in the Administrator's judgment, no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety. Requires that each national primary drinking water regulation for a contaminant for which such a goal is established specify a maximum level which is as close to the goal as is feasible. Authorizes the Administrator to promulgate a national primary drinking water regulation that requires the use of a treatment technique in lieu of establishing a maximum contaminant level, upon a finding of overriding economic and technological constraints on monitoring. Requires the Administrator, in such case, to identify those treatment techniques which, in the Administrator's judgment, would prevent known or anticipated adverse effects on the health of persons to the extent feasible. Requires that such regulations specify each treatment technique known to the Administrator which meets such requirements, but authorizes the Administrator to grant a variance from any such specified treatment technique. Requires that the specified regulatory deadlines for certain contaminants be complied with in the promulgation of any such treatment technique use requirement for any such contaminant. Directs the Administrator to propose and promulgate regulations requiring: (1) filtration as a treatment technique for all public water systems supplied by surface raw water sources; and (2) disinfection as a treatment technique for all public water systems. Authorizes the Administrator to grant variances from these requirements. Authorizes the Administrator, after opportunity for public comment, to change maximum contaminant level goals or the list of treatment techniques. Requires the Administrator, simultaneously with such change, to amend the national primary drinking water regulations concerned accordingly. Defines "feasible," for purposes of the establishment of maximum contaminant levels or treatment technique requirements. Directs the Administrator to provide the Science Advisory Board an opportunity to comment prior to proposal of a maximum contaiminant level goal and national primary drinking water regulation. Adds provisions for monitoring unregulated contaminants. Authorizes the Administrator to take into consideration the size of a public water system and the contaminants likely to be found in its drinking water in requiring a system to monitor for unregulated contaminants. Directs the Administrator, within 18 months after enactment of this Act, to promulgate regulations for every public water system to conduct a monitoring program for unregulated contaminants. Provides that such regulations shall: (1) require monitoring of drinking water supplied by the system; and (2) vary the frequency and schedule of monitoring requirements for systems based on the number of persons served and the contaminants likely to be found, but requires each system to monitor surface sources and representative supply wells at least once within five years after the effective date of the Administrator's regulations. Requires such regulations to list the unregulated contaminants which the systems may be required to monitor, but allows each State with primary enforcement authority to add or delete contaminants for individual systems on the basis of approved assessments. Requires each such State to submit to the Administrator an assessment which shall be treated as approved on the date 30 days after its submission, unless disapproved by the Administrator within such 30-day period. Requires that notification of the availability of the results of such monitoring (or of monitoring by a system which is given a waiver) be given to the persons served by the system and the Administrator. Authorizes the Administrator to waive the monitoring requirements for a system which has conducted a monitoring program after January 1, 1983, upon determination that the program has been consistent with regulations promulgated under specified provisions for records and inspections. Provides that any system supplying less than 150 service connections shall be treated as complying with such monitoring requirements if such system supplies appropriate water samples to the Administrator. Directs the Administrator to arrange for analysis of such samples. Revises provisions for enforcement of national primary drinking water regulations. Directs the Administrator to notify the public water system involved, as well as the State, in cases of noncompliance with regulations under the Act. Directs the Administrator, if the State has not commenced appropriate enforcement action within 30 days of the notification of noncompliance, or if the State does not have primary enforcement responsibility, to either: (1) issue an order requiring the public water system to comply with the regulation or requirement; or (2) commence a civil action in the appropriate U.S. district court to require such compliance. Sets forth provisions for compliance orders by the Administrator. Authorizes the Administrator to issue such orders in any case in which the Administrator is authorized to bring a civil action for compliance with respect to any regulation under the Act. Provides for notice and opportunity for public hearing, and an opportunity to confer with the Administrator for any State with primary enforcement responsibility, before such an order takes effect. Requires that copies of any such order issued to a corporation be issued to appropriate corporate officers. Sets forth civil penalties of up to $25,000 per day for violation of such orders. Authorizes the Administrator to assess such penalties of up to $5,000 per day, but requires that such penalties above $5,000 per day be assessed by the appropriate U.S. district court. Directs the Administrator, within 12 months after the enactment date of this Act, to amend regulations relating to public notification of such violations of regulations to provide for different types and frequencies of notice based on differences between intermittent or infrequent violations and those which are continuous or frequent, and taking into account the seriousness of any potential adverse health effects. Requires that notice for violations designated by the Administrator as continuous or posing a serious potential adverse health effect: (1) be given no less frequently than every three months; and (2) include notice in a newspaper of general circulation serving the area served by the public water system (as determined by the Administrator). Provides that the regulations in effect on the enactment date of this Act shall remain in effect until such amendments are promulgated. Revises provisions for variances. Provides that a variance may only be issued to a public water system after a system's application of the best technology, treatment techniques, or other means, which the Administrator finds are available (taking cost into consideration). Directs the Administrator to propose and promulgate such findings at the time of proposal and promulgation of the maximum contaminant levels involved. Allows such finding to vary depending on the number of persons served by the system or for other physical conditions related to engineering feasibility and costs of compliance. Requires a State to prescribe a schedule for compliance and implementation of any additional control measures at the same time it grants a variance. (Current law gives the State one year to prescribe such schedule after granting a variance.) Revises provisions for exemptions. Requires a State to prescribe a schedule for compliance and implementation of control measures at the same time it grants an exemption. (Current law gives the State one year to prescribe such schedule after granting an exemption.) Requires that such schedules require compliance by the public water system with each contaminant level and treatment technique requirement with respect to which the exemption was granted as expeditiously as practicable but not later than: (1) 12 months after the enactment date of this Act, in the case of exemptions granted with respect to such a level or requirement prescribed by the national primary drinking water regulations promulgated before such enactment date; and (2) 12 months after the issuance date of the exemption, in the case of exemptions from such regulations promulgated after such enactment date. Authorizes States with primary enforcement responsibility, or the Administrator in any other case, of such compliance deadlines for a period not to exceed three years after the issuance date of the exemption, if the public water system establishes that it: (1) cannot meet the standard without capital improvements which cannot be completed within the exemption period; (2) has entered into an agreement to obtain necessary financial assistance for necessary improvements; or (3) has entered into an enforceable agreement to become a part of a regional public water system. Allows one or more additional two-year period renewals of such extensions of exemptions granted under specified provisions in the case of any system which does not serve more than 500 service connections, which needs financial assistance for the necessary improvements, and which establishes that it is taking all practicable steps to meet the standard. Adds new provisions relating to tampering with public water systems. Sets forth civil and criminal penalties for such tampering and for attempts or threats to tamper. Adds new technical assistance provisions. Authorizes the Administrator to provide technical assistance to small public water systems to enable such systems to achieve and maintain compliance with national drinking water regulations. Permits such assistance to include "circuit-rider" programs, training, and preliminary engineering studies. Authorizes appropriations for FY 1986 through 1989 for such technical assistance. Title II: Protection of Underground Sources of Drinking Water - Revises provisions for protection of underground sources of drinking water. Adds new provisions for restrictions on underground injection of hazardous waste. Prohibits disposal of any hazardous waste by underground injection above or into a formation which contains (within one-quarter mile of the injection well bore) a drinking water source. Authorizes the Administrator to allow injection of contaminated ground water into the aquifer from which it was withdrawn, upon determination (pursuant to specified approved procedures) that such injection is an appropriate and environmentally acceptable aspect of a cleanup, removal, or remedial action for the contaminated aquifer. Adds new provisions relating to the regulation of State programs. Directs the Administrator, within 18 months after enactment of this Act, to revise regulations issued under the Act to require monitoring of underground injection wells so as to provide the earliest possible detection of fluid migration into or towards an underground source of drinking water. Directs the Administrator, in cooperation with the States, to compile an inventory of all wells in the United States which inject hazardous wastes. Requires that such inventory be made available to the public within nine months after the enactment of this Act. Requires that the inventory include such information as the Administrator deems necessary to define the scope and nature of hazardous waste disposal in the United States through underground injection. Revises provisions for enforcement of State underground injection control programs. Directs the Administrator, if the State has not commenced appropriate enforcement action within 30 days of the notification of a violation by any person subject to a requirement of an applicable underground injection control program, or if the State does not have primary enforcement responsibility, to either: (1) issue an order requiring the person to comply with such requirement; or (2) commence a civil action in the appropriate U.S. district court to require such compliance. Declares that such court has the jurisdiction to require such compliance with any requirement of an applicable underground injection program. Raises from $5,000 to $25,000 the amount of the civil penalty which may be imposed by such court for each day of such a violation. Shortens to 30 days (currently 60 days) the period after notification which must expire before imposition of such civil penalty may begin. Sets forth provisions for compliance orders by the Administrator. Authorizes the Administrator to also issue such orders in any case in which the Administrator is authorized to bring a civil action for compliance with respect to any requirement of an applicable underground injection program. Provides for notice and opportunity for public hearing, and an opportunity to confer with the Administrator for any State with primary enforcement responsibility, before such an order takes effect. Requires that copies of any such order issued to a corporation be issued to appropriate corporate officers. Sets forth civil penalties of up to $25,000 per day of violation of such orders. Authorizes the Administrator to assess such penalties of up to $5,000 per day of violation, but requires that such penalties above $5,000 per day be assessed by the appropriate U.S. district court. Adds new provisions for State plans to protect underground sources of drinking water. Requires each State, after notice and opportunity for public hearing and within 30 months after the enactment of this Act, to adopt and submit to the Administrator a State plan to protect underground sources of drinking water from contamination that may adversely affect the health of persons. Sets forth requirements for such plans. Sets forth procedures for approval of such plans. Prohibits any State from exercising primary enforcement responsibility for a State underground injection control program if that State has not complied with specified requirements for approval or if any portion of the plan has not been approved or treated as approved by the Administrator before the expiration of specified periods. Requires, in States where oil or natural gas exploration occurs, that such State plan, consistent with underground injection requirements, protect underground sources of drinking water from brine contamination which may adversely affect public health and which is associated with the recovery of oil or natural gas. Allows any State to provide special protections under such plan for any areas designated under specified provisions for interim regulation of underground injections. Authorizes the Administrator to make grants to such States to implement such special protections. Directs the Administrator, within 18 months after the date of enactment of this Act, to establish criteria for areas to be so designated and eligible for such special protections. Requires such criteria to include aquifer use , vulnerability, water quality, and unavailability of alternative supplies of drinking water. Requires that such area designations made before the enactment of this Act be reviewed and reevaluated in accordance with such criteria. Title III: General Provisions - Authorizes appropriations for FY 1986 through 1989 for the following programs under the Act: (1) research, technical assistance, information, and personnel training; (2) grants for State programs for supervision of public water systems; and (3) grants for State programs for underground water source protection. Provides that any need certifications or orders issued under provisions for assurances of availability of adequate supplies of water treatment chemicals shall remain in effect for up to one year. Directs the Administrator, upon the application of any State, to make grants to the State for 50 percent of the costs incurred by such State (as determined by the Administrator) in developing and implementing a State plan to protect underground sources of drinking water. Authorizes appropriations for such purpose for FY 1986 through 1989. Reserves ten percent of such funds for grants to States for implementation of special protections for designated areas. Repeals specified provisions for grants to public water systems which are required under State law to meet drinking water turbidity standards more stringent than those in effect under the Act.

Bill· HJRESH.J.Res. 616 (98th)referred

A joint resolution to establish a bipartisan National Commission of Federal Budget Deficit Reductions.

United States · United States Congress · 28 June 1984

Establishes the National Commission on Federal Budget Deficit Reductions to review all relevant elements of fiscal and monetary policy. Requires particular emphasis to be given to the causes of cyclical and structural Federal budget deficits and the impact which growing structural Federal deficits have on employment, capital formation, and the vigor and viability of economic growth in the United States. Requires the Commission to: (1) identify problems which may hinder the control and reduction of Federal budget deficits; and (2) analyze all potential options which would result in deficit reductions and place the Government on a sound financial basis. Requires the Commission to report to the President and Congress by January 15, 1985, detailed findings, conclusions, and recommendations for such legislation and administrative actions as it considers appropriate. Terminates the Commission 30 days after submission of such report.

Law· HJRESH.J.Res. 600 (98th)enacted

Agricultural Trade and Export Policy Commission Act

United States · United States Congress · 21 June 1984

Agricultural Trade and Export Policy Commission Act - Amends the Agriculture and Food Act of 1981 to establish a National Commission on Agriculture Trade and Export Policy (Commission) to conduct a study of the agriculture-related trade and export policies and programs of the United States and the international and domestic factors affecting such policies and programs, including U.S. intergovernmental activities that affect the formulation of policies. Requires the Commission to be composed of ex officio congressional members, plus 23 members appointed by the President. Requires the Commission to submit to the President and the Congress: (1) a report containing its initial findings and recommendations by March 31, 1985; (2) additional interim reports on its work as may be requested by the chairmen of specified congressional committees; and (3) a report containing the final results of its study and recommendations by July 1, 1986. Authorizes Federal and public support to the Commission. Exempts the Commission from specified provisions of the Federal Advisory Committee Act and guidelines relating to the performance appraisals of Federal employees. Terminates the Commission 60 days after the transmission of its final report to the President and the Congress.

Bill· HJRESH.J.Res. 599 (98th)referred

A joint resolution to designate August 1, 1984, as "Helsinki Human Rights Day".

United States · United States Congress · 20 June 1984

Designates August 1, 1984, as Helsinki Human Rights Day. Authorizes and requests the President to issue a proclamation reasserting the American commitment to full implementation of the human rights and humanitarian provisions of the Helsinki Accords. Requests the President to raise the issue of noncompliance with such provisions with the Soviet Union and Eastern European countries at every available opportunity.

Law· HRH.R. 5846 (98th)enacted

Criminal Fine Enforcement Act of 1984

United States · United States Congress · 14 June 1984

Criminal Fine Enforcement Act of 1984 - Amends the Federal criminal code in regard to the collection and payment of fines and penalties. Provides that a judgment may direct imprisonment until a fine or penalty is paid if the court finds that the defendant has the present ability to pay such fine or penalty. States that a judgment imposing the payment of a fine or penalty is a lien in favor of the United States and it applies to all property of the defendant other than property exempt from levy under the Internal Revenue Code. States that payment of a fine is due immediately unless the court requires payment by installment or by any date certain. Allows the Attorney General to make payment due immediately upon the default of any installment payment. Requires the defendant to pay interest at a rate of 1.5 percent per month on any amount of a fine or penalty that is past due (plus an extra 25 percent if the delinquency extends beyond 90 days). Allows the Attorney General and the Director of the Administrative Office of the U.S. Courts to provide by regulation that fines for specified categories of offenses be paid to the clerk of the court. Provides that if the fine is imposed on an organization, payments are authorized from the assets of the organization; but if the fine is imposed on a director, officer, employee, or agent of the organization, payment shall not be authorized from organization assets unless expressly permitted by State law. Requires a defendant to pay a fine made a condition of probation even after the probation's end. Provides penalties for criminal default on a fine. Lists factors that the court must consider in determining whether to impose a fine, including: (1) the ability of the defendant to pay; (2) the burden that payment will impose on the defendant; and (3) any restitution or reparation made by the defendant. States that if a defendant has the obligation to make restitution to a victim of the offense, the court shall impose a fine only to the extent that such fine will not impair the ability of the defendant to make restitution. Increases the maximum fine levels for certain felonies, misdemeanors, and offenses which result in pecuniary gain. Provides a procedure for establishing security if a fine is stayed. Conditions parole upon a diligent effort to pay a fine. Increases the fine for the commission of a misdemeanor to $5,000 for an individual and $10,000 for an organization.

Bill· HRH.R. 5845 (98th)open

Law Enforcement Officers Protection Act of 1984

United States · United States Congress · 14 June 1984

Law Enforcement Officers Protection Act of 1984 - Amends the Federal criminal code to define "armor piercing ammunition." Excludes from the definition: (1) shot gun shot required by Federal or State regulations for hunting; (2) frangible projectiles for target shooting; and (3) projectiles that the Secretary of Treasury determines are primarily intended for sporting purposes. Makes it unlawful for any person to manufacture or import armor piercing ammunition. Allows for: (1) the manufacture or importation of armor piercing ammunition for the use of the United States or any State or local government; and (2) manufacture for the sole purpose of exportation. Establishes a licensing fee of $1,000 per year for manufacturers and importers of armor piercing ammunition. Imposes an additional mandatory sentence of not less than five years for any person who uses or carries a firearm and is in possession of armor piercing ammunition during the commission of a violent felony. Provides that such sentence shall not be suspended nor probation nor parole granted.

Law· HRH.R. 5818 (98th)enacted

An act to enable the Consumer Product Safety Commission to protect the public by ordering notice and repair, replacement or refund of certain toys or articles intended for use by children if such toys or articles contain a defect which creates a substantial risk of injury to children.

United States · United States Congress · 11 June 1984

Children's Products Safety Act of 1984 - Amends the Federal Hazardous Substances Act to permit the Consumer Product Safety Commission to order a manufacturer of a toy or other article intended for use by children that has been determined to create a substantial risk of injury to children to: (1) give public notice of such danger; (2) mail such notice to each manufacturer, distributor, or retailer; and (3) mail such notice to every person to whom the person giving the notice knows such toy or other article intended for use by children was delivered or sold. Permits the Commission to order the manufactuer, distributor, or retailer either to repair such toy so that it will not create a risk of injury, to replace such toy with a safe equivalent toy or article, or to refund the purchase price.

Bill· HRH.R. 5727 (98th)referred

A bill to decrease the rates of taxes imposed on fuels containing alcohol from existing rates through 1987, to provide annual increases in the rates of such taxes beginning in 1988 until the existing rates of such taxes are reached, to increase the rate of tax imposed on leaded gasoline, and for other purposes.

United States · United States Congress · 24 May 1984

Amends the Internal Revenue Code to reduce the excise tax on gasoline, diesel fuel, and special motor fuels containing alcohol from four cents to one cent per gallon through 1987. Increases such tax to: (1) two cents in 1988; (2) three cents in 1989; and (3) four cents between 1990 and 1993. Increases the excise tax on leaded gasoline from nine cents to 11 cents per gallon. Revises the rules relating to the refund of floor stock excise taxes on gasoline and gasohol. Provides for a temporary increase through 1989 in the amount of the income tax credit allowed for alcohol used as a fuel. Provides for a temporary increase through 1989 in the customs duty on alcohol imported for use as a fuel.

Bill· HRH.R. 5675 (98th)referred

A bill to require the Administrator of Veterans' Affairs to submit a report on alternatives for providing Federal assistance to certain civilians who served in Southeast Asia during the Vietnam era.

United States · United States Congress · 17 May 1984

Directs the Administrator of Veterans Affairs to report to Congress within 180 days on providing Federal benefits, such as health care and monetary compensation for dioxin exposure or other traumas, to eligible civilians serving in Southeast Asia during the Vietnam era.

Resolution· HCONRESH.Con.Res. 310 (98th)open

A concurrent resolution expressing the sense of the Congress that the participants in the New Ireland Forum are to be commended for their efforts to bring about genuine progress in the search for a just and peaceful solution to the problems of Northern Ireland.

United States · United States Congress · 17 May 1984

Expresses the sense of the Congress that: (1) the parties in the New Ireland Forum are to be commended for their efforts to promote reconciliation of the two communities in Northern Ireland; and (2) all political parties in Northern Ireland and the British and Irish Governments should review the findings and recommendations of the Forum.

Bill· HRH.R. 5640 (98th)open

Superfund Expansion and Protection Act of 1984

United States · United States Congress · 10 May 1984

Superfund Expansion and Protection Act of 1984 - Title I: Provisions Relating Primarily to Response and Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) (the Act) to revise the definition of "hazardous substance" to include petroleum (including crude oil or any fraction thereof) which: (1) is released from an underground storage tank (as defined in title IV of this title); or (2) may present a significant risk to human health. Transfers the definition of "pollutant or contaminant" from under provisions for response authorities under the Act to among the definitions for purposes of the entire Act. Provides that such term shall include petroleum (including crude oil or any fraction thereof) only in the case of a release from an underground storage tank as defined in title IV of this title. Adds references to "pollutants or contaminants" under specified provisions of the Act. Directs the Administrator of the Environmental Protection Agency (EPA) (the Administrator) to promulgate regulations, within six months after enactment of this Act, establishing that one single quantity shall be the reportable quantity of any hazardous substance regardless of the medium into which the hazardous substance is released. Increases the amount of criminal fines and the duration of criminal sentences for specified violations under the Act. Adds civil penalties for specified violations under the Act. Revises response authorities provisions to transfer from the President to the Administrator the authority to determine whether a response action will be done properly by the responsible party. Authorizes the Administrator, as well as the President, to undertake response actions. Requires that any removal action undertaken by the Administrator, or by any responsible party, be consistent, to the extent practicable, with any long term remedial action with respect to the release or threatened release. Directs the Administrator, to the maximum extent possible, to assess the risk to human health associated with the release or threatened release. Revises response authorities provisions relating to agreements with States. Requires States to make specified agreements with the Administrator, rather than with the President. Eliminates the requirement that a State assure all future maintenance of the removal and remedial actions provided for the expected life of such actions. Requires the State to pay ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action. Requires a 50 percent or greater State share of response costs only in the case of facilities operated, as well as owned, by the State or local government at the time of hazardous waste disposal. Requires the State to also pay all future operation and maintenance costs of any onsite remedial action at such State or locally owned and operated facilities. Provides for credits to any State which has paid more than a ten percent share of remedial costs at a facility owned, but not operated, by such State or local government. Provides that reasonable administrative expenses may be credited against a State's ten percent share. Sets forth mandatory cleanup standards. Directs the Administrator, rather than the President, to select appropriate cost-effective remedial actions determined to be necessary. Requires that such actions be in accordance with: (1) the National Contingency Plan, to the extent practicable; and (2) a required protection level. Directs the Administrator, in evaluating the cost-effectiveness of a remedial action, to consider permanent solutions and alternative treatment technologies to the maximum extent practicable. Requires that the remedial action provide for a level or standard of control necessary to protect human health and the environment. Requires that such level or standard be as stringent as the most stringent applicable standard under the Toxic Substances Control Act, Safe Drinking Water Act, Clean Air Act, or Clean Water Act (or water quality criteria under the Clean Water Act). Requires that any remedial action which provides for containment at the facility comply with standards applicable to facilities required to obtain hazardous waste management permits under the Solid Waste Disposal Act. Authorizes the Administrator to waive the requirement of the most stringent applicable standard, or of the specified containment standard, and to select an alternative remedial action upon a finding that: (1) such alternative remedial action will provide substantially equivalent protection; or (2) compliance with such requirements at that facility will consume such a disproportionate share of the resources of the Hazardous Substances Trust Fund (the Fund) as to have the effect of deferring or preventing remedial action at other facilities which pose a significantly greater threat to human health and the environment. Prohibits permit requirements for any removal or remedial action undertaken pursuant to the Act at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for required protection level. Revises provisions for information gathering and access authorities to refer to the Administrator, rather than the President. Applies specified information requirements to generators of hazardous wastes, even if such information is available at the facility where such waste is located. Provides for access to such facilities by duly designated Federal and State officers, whenever necessary to carry out any provision of the Act, at reasonable times and for a reasonable duration. Prohibits anyone from impeding or interfering with such entry. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles sufficient to establish the likely effect on human health of at least 100 hazardous substances which are most frequently found or which pose the most significant threat to human health at facilities listed on the National Priorities List prepared under the National Contingency Plan. Requires that the 100 profiles be completed 48 months after enactment of this Act (at 12-month intervals for four groups of 25 substances). Adds new provisions for public participation in remedial action planning. Sets forth mandatory remedial action schedules. Directs the Administrator (of EPA) to commence remedial investigations for all facilities which are listed, as of the enactment date of this Act, on the National Priorities List (NPL) in accordance with the following schedule: (1) one-third of such facilities within six months after such enactment date; (2) two-thirds within 12 months after such date; and (3) all within 18 months after such date. Directs the Administrator to list not fewer than 1,600 facilities on the NPL by January 1, 1988. Directs the Administrator to commence remedial actions and feasibility studies for each facility added to the NPL after the enactment date of this Act within six months after addition of such facility to the NPL. Directs the Administrator to ensure that substantial and continuous physical on-site remedial action commences at facilities on the NPL at a rate of not fewer than 150 facilities per year beginning on October 1, 1986. Directs the Administrator to complete by January 1, 1987, preliminary assessments of all sites listed, as of the enactment date of this Act, on the Emergency and Remedial Response Information System. Directs the Administrator to ensure that remedial action is completed, to the maximum extent feasible, for all facilities listed as of the date of enactment of this Act on the NPL within five years after such enactment date. Directs the Administrator to publish an explanation of why any such remedial action could not be completed within such period. Sets forth provisions for citizen petitions for health effects studies and for emergency relief. Allows any individual or group of individuals to submit a petition to the Administrator providing evidence which: (1) demonstrates that such individual or individuals are being exposed to any hazardous substance; and (2) provides an empirical analysis of the level of exposure. Directs the Administrator to initiate a health effects study upon determination that: (1) there is a reasonable likelihood that such substance is from a facility where such substance is or was treated, stored, recycled, or disposed of, on a regular basis, or where removal action is being or was taken under any provision of the Act; and (2) the exposure may present a significant risk to human health. Directs the Administrator (or the ATSDR Administrator if so designated by the Administrator), within 30 days after receipt of such petition, to: (1) initiate a health effects study; or (2) publish a written explanation of the determination which prevented initiation of the study. Requires that each such health effects study be completed within six months after the date the petition is filed and include specified information. Requires that steps be taken to eliminate any significant risk to human health which such study finds the exposure concerned presents. Provides that such steps may include provision of alternative drinking water supplies and relocation of individuals. Requires that the National Contingency Plan (NCP) be revised within 18 months after the enactment of this Act to reflect the amendments made by this Act. Requires that the portion of the NCP known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for remedial actions consistent with protection level requirements under this title. Sets forth provisions for citizen petitions for site ranking. Directs the Administrator, within 12 months after receipt of a citizen petition, to complete a preliminary assessment of the hazards to public health and environment associated with any actual or threatened release of a hazardous substance or pollutant or contaminant. Directs the Administrator, if such assessment indicates a significant threat, to make a prompt evaluation in accordance with the hazard ranking system referred to under specified provisions of the Act to determine the national priority of such release or threatened release. Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall also take into account: (1) the release-associated damage to natural resources which may affect the human food chain; and (2) the release-associated contamination or potential contamination of the ambient air. Sets forth provisions for abatement actions. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish specified guidelines for using imminent hazard, enforcement, and emergency response authorities to effectuate the responsibilities and powers created by this Act. Authorizes the Administrator to establish administrative procedures regarding the opportunity for a person to object to an abatement order under this title. Provides that no court shall have jurisdiction to review any such abatement order in any action other than an action to: (1) enforce such order; (2) recover a penalty for a violation; or (3) recover punitive damages. Revises liability provisions to provide for liability for Federal or State costs of removal or remedial action with respect to a release or threatened release (whether or not such action is consistent with the NCP). Adds liability for Federal or State costs of information gathering with respect to a release or threatened release. Adds liability for the costs of any action taken by the Administrator, under specified citizens petition and emergency relief provisions of this Act, to eliminate a significant risk to human health presented by exposure to a hazardous substance, pollutant, or contaminant and the costs of any health effects study carried out under such provisions with respect to such exposure. Provides that liability under the Act (CERCLA) shall be strict, joint, and several as construed and applied under specified provisions of the Federal Water Pollution Control Act and under these CERCLA liability provisions. Provides that amounts recoverable shall include interest at a specified rate. Prohibits the Attorney General from representing any Federal agency (other than the EPA) in any civil action under title I (Hazardous Substances Releases, Liability, Compensation) of the Act (CERCLA). Authorizes the head of any such Federal agency to appoint agency attorneys or contract with non-Federal attorneys to represent the agency in any such action. Provides that, in any action under liability provisions of the Act, the results of laboratory tests conducted by the Administrator (or by a State) to determine what substances are present at the facility where a release or threatened release occurs may be introduced into evidence and shall be presumed to be accurate. Provides that such presumption shall be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Adds to authorized uses of the Fund the payment of any costs incurred under provisions of this Act: (1) relating to emergency relief and health effects studies; (2) by the ATSDR in preparing specified toxicological profiles; and (3) by the Administrator in evaluating facilities pursuant to petitions for preliminary assessments of hazards to public health. Eliminates a requirement that 85 percent of specified money credited to the Fund be available only for specified purposes. Limits to six percent of such money the amount available for payment of specified claims. Revises audit provisions to direct the Inspector General of the EPA, in each fiscal year, to: (1) conduct an annual audit of the Trust Fund; (2) report on the status of all remedial and enforcement actions taken during the prior fiscal year; and (3) estimate the amount of resources, including the number of work years or personnel, which would be necessary for the Administrator to complete the implementation of all duties vested in the Administrator under this title. Requires that such audit and such status report: (1) include specified information; and (2) be reported annually by the Inspector General to the Congress. Prohibits any potentially liable person from seeking judicial review of any determination to incur any governmental response costs pursuant to response authorities provisions or to utilize the Fund for payment of such costs except in an action to recover such costs under liability provisions. Revises statute of limitations provisions under the Act. Prohibits, with specified exceptions for minors or incompetent persons, presentation of any claim or commencement of any action for damages, as defined under the Act, beyond three years after the later of: (1) the date of the discovery of the loss; (2) the date on which regulations are promulgated under specified provisions for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act; or (3) the date on which regulations are promulgated establishing procedures for the filing of such claims. Sets a statute of limitations of six years after the date of the completion of the response action for presentation of claims or commencement of actions for recovery of response costs in cases involving the responsible person's willful misconduct or willful negligence, violation of safety, construction, or operating standards or regulations, or failures or refusals to provide reasonable cooperation and assistance requested by public officials. Extends the deadline for promulgation of regulations for the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or a hazardous substance for purposes of the Act and of specified provisions of the Federal Water Pollution Control Act. Sets forth provisions concerning the relationship of this Act to other law. Authorizes States to require any person to contribute to any fund to pay compensation for claims for any response costs or damages or claims which may be compensated under the Act. Title II: Federal Cause of Action - Subtitle A: Federal Cause of Action - Establishes a Federal cause of action for damages to an individual which result from harm caused by a release of a hazardous substance from specified facilities. Allows the individual or the individual's dependents to sue for compensable damages under this title. Makes liable for such damages: (1) the owner or operator of a vessel (otherwise subject to the jurisdiction of the United States) or a facility; (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substance was disposed of; (3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility owned or operated by another party or entity and containing such hazardous substances; and (4) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities or sites selected by such person. Makes such liability strict. Makes such liability joint and several, with specified exceptions. Sets forth defenses to such strict liability. Makes the following damages compensable under this title: (1) any medical expenses, rehabilitation costs, or burial expenses due to personal injury, illness, or death; (2) any loss of income or profits or any impairment or loss of earning capacity due to personal injury, illness, or death; (3) any pain or suffering which results from personal illness, injury, or death; and (4) any economic loss and any damages to property, including diminution in value. Provides for jurisdiction over such Federal cause of action in U.S. district courts. Provides that such Federal jurisdiction shall not affect the jurisdiction of any State court with respect to any action. Authorizes the court to award litigation costs where appropriate. Provides that nothing in this title shall be construed to preempt, or otherwise affect, any provision of State law regarding liability for damages in connection with any hazardous substance. Subtitle B: General Provisions - Sets forth a three-year statute of limitations, with specified exceptions for minors or incompetent persons, for actions under this title beginning on the later of: (1) the date the individual knew (or reasonably should have known) that the injury, illness, or death or other expense was caused by the hazardous substance concerned; or (2) the date of enactment of this title. Prohibits any person who is an employee covered by a State or Federal worker's compensation plan which compensates employees for an injury, illness, or death arising out of and in the course of employment (or pursuant to similar tests of work-relatedness) from recovering any amount under this title for such injury, illness, or death. Title III: Miscellaneous Provisions - Eliminates provisions under the Act (CERCLA) relating to a legislative veto. Authorizes citizen lawsuits under the Act (CERCLA). Sets forth provisions relating to such citizen lawsuits. Title IV: Regulation of Underground Storage Tanks - Establishes a program for identification and regulation of underground storage tanks containing hazardous substances (including petroleum products), and for cleanup of leaks from such tanks. Defines "hazardous substance" for purposes of this title as: (1) any substance designated pursuant to specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated pursuant to the CERCLA definition of "pollutant or contaminant," as added by this Act; (3) any hazardous waste having the characteristics identified under or listed pursuant to hazardous waste management provisions of the Solid Waste Disposal Act (but not including any waste the regulation of which under such Act has been suspended by Act of Congress); (4) any toxic pollutant listed under specified provisions of the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under specified provisions of the Clean Air Act; (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to specified provisions of the Toxic Substances Control Act; and (7) any petroleum product or fraction thereof. Excludes from such term natural gas, natural gas liquids, propane, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Defines "underground storage tank" to include underground pipes connected to such a tank, and lists the following exclusions from this term: (1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored; (3) residential septic tanks; (4) pipelines regulated under the Natural Gas Pipeline Act of 1968; or (5) surface impoundments, pits, ponds, lagoons, or basins. Sets forth notification requirements applicable to any person who, during the calendar year immediately preceding the calendar year in which this title was enacted, has supplied any hazardous substance to 100 or more sites where there is an underground storage tank which is or has been used for the storage of any hazardous substance. Requires such persons to notify a designated State or local agency of the existence of any such tank located at such a site. Directs the Administrator, within eight months after the enactment date of this Act, to promulgate regulations (taking into account the effect on small business) regarding the providing of notice to obtain information concerning any such tanks which are not located at such sites. Requires that the notice required of such persons supplying hazardous substances to 100 or more sites where such tanks are located be provided within 12 months after the enactment of this title. Requires that the notice required with respect to all other sites where such tanks are located be provided within 12 months after the promulgation of such regulations. Requires that specified information be contained in those notices required of the suppliers to 100 or more sites and in those notices required of owners or operators which install or bring into use an underground storage tank after the enactment of this Act. Sets forth other information requirements for notices required of the suppliers to 100 or more sites, and for notices required pursuant to regulations for tanks at other sites, in the case of any such tank used for such storage prior to the enactment of this Act but taken out of operation before such enactment date (but after January 1, 1974). Provides that notice shall not be required under this title in the case of any tank for which notice was given pursuant to specified provisions of CERCLA. Requires any owner or operator which installs or brings into use an underground storage tank after the enactment of this Act to notify the designated State or local agency within a specified period. Directs the Governor of each State, within 90 days of such enactment date, to designate the appropriate State or local agencies to receive such notifications. Directs the Administrator, within 180 days of such enactment date and in consultation with designated State and local officials, to prescribe in greater detail the form and content of such notifications. Provides that, if a Governor chooses not to designate a State or local agency for such purpose, such notifications shall be submitted to the Administrator. Requires the State, if such notifications are submitted to a designated State or local agency, to compile the submitted information into a comprehensive inventory and furnish such inventory to the Administrator within 18 months of such enactment date. Sets forth provisions for release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks used for storing hazardous substances. Directs the Administrator to promulgate such regulations after opportunity for public comment and within 18 months after enactment of this title. Requires that such regulations include requirements respecting specified areas, including: (1) leak detection or inventory systems and tank testing; (2) records of such testing, inventory, or detection; (3) reporting releases and corrective actions; (4) standards of performance for new underground tanks, including specified requirements; (5) corrective actions; (6) closure to prevent future release; and (7) evidence of financial responsibility for taking corrective action and for bodily injury and property damage to third parties. Prohibits, until the effective date of such regulations and after 180 days from the enactment of this Act, any person from installing or beginning to use an underground storage tank to store hazardous substances unless such tank is cathodically protected against corrosion, constructed of a noncorrosive material, or contained in a manner designed to prevent the release into the environment of any stored hazardous substances. Sets forth provisions for the Administrator's review and approval of State programs for underground storage tank release detection, prevention, and correction. Requires the State to demonstrate that the State program is equivalent to the Federal program under this title and that it provides for adequate enforcement of compliance with program requirements. Requires that a State's new tank standards be no less stringent than the performance standards promulgated by the Administrator pursuant to this title. Provides for notice and opportunity for public comment before determinations concerning approval of State programs are made. Gives States with approved programs primary enforcement responsibility for requirements related to control of underground storage tanks used to store hazardous substances. Provides for withdrawal of approval upon the Administrator's determination, after public hearing, that a State is not administering and enforcing the program in accordance with specified requirements. Sets forth provisions relating to inspections, monitoring, and testing. Sets forth provisions for confidentiality of information, and criminal penalties for violations of such confidentiality. Requires that all information reported to, or otherwise obtained by, the EPA under this title be made available, upon written request, to any duly authorized committee of the Congress. Sets forth provisions for Federal enforcement of requirements under this title. Sets forth civil penalties for specified violations. Makes requirements under this title applicable to Federal facilities. Authorizes the President to grant exemptions from such requirements upon determination that it is in the paramount interest of the United States to do so. Requires the President to report annually to Congress on such exemptions and the reasons for granting them. Provides that nothing in this Act shall preclude or deny any State or local authority to regulate more stringently underground storage tanks used to store hazardous substances. Directs the Administrator, within 36 months after the enactment of this title, to study the following underground storage tanks exempted under the definition of "underground storage tanks": (1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; and (2) tanks used for storing heating oil for consumptive use on the premises where stored. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of the study, with recommendations as to whether or not such tanks should be subject to regulation under this title. Title V: Amendments of the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to increase the environmental tax on petroleum from 0.79 cent to 4.5 cents a barrel, effective October 1, 1985. Extends the period before such tax is terminated until September 30, 1990. Repeals specified CERCLA sunset provisions relating to expiration of the authority conferred by CERCLA to collect environmental taxes. Repeals specified provisions of the Hazardous Substance Response Revenue Act of 1980 relating to the Post-Closure Tax and Trust Fund, and the amendments made by such provisions. Repeals specified CERCLA provisions relating to the Post-Closure Liability Fund. Requires that all sums credited to the Post-Closure Liability Trust Fund established under the Hazardous Substance Response Revenue Act of 1980 which have not been obligated prior to the date of enactment of this title shall be refunded to the persons who paid taxes under specified provisions of the Internal Revenue Code. Requires that such funds be made on a ratable basis in proportion to the total amount of such taxes which were paid by each such person. Adds provisions for a waste end tax, effective January 1, 1987, to Internal Revenue Code provisions for environmental taxes. Imposes such waste end tax on the disposal of any hazardous substance, if such disposal is required to be carried out in compliance with hazardous waste management provisions of the Solid Waste Disposal Act. Sets the amount of such waste end tax in the case of: (1) any hazardous substance for which there is in effect under specified CERCLA regulations a reportable quantity of one pound or less, at $15 for each metric ton disposed of by underground injection and $30 for each metric ton not disposed of by such method; (2) all hazardous substances for which there is in effect under specified CERCLA regulations a reportable quantity of more than one pound, at $5 for each metric ton disposed of by underground injection and $10 for each metric ton not disposed of by such method. Provides that, in the cases of mixtures of hazardous substances with reportable quantities of one pound or less and those with reportable quantities more than one pound, the entire mixture shall be deemed to have a reportable quantity of one pound or less. Requires the owner or operator of the facility to pay such waste end tax with respect to the disposal of any hazardous substance at a facility for which a permit is in effect under the hazardous waste management provisions of the Solid Waste Disposal Act. Requires the person disposing of the hazardous substance to pay such waste end tax with respect to any other disposal of any hazardous substance. Provides that such waste end tax shall not apply after September 30, 1990. Sets forth exemptions from such waste end tax. Provides that such tax shall not apply to the disposal of: (1) any substance by incineration in accordance with the standards applicable to incineration facilities under hazardous waste management provisions of the Solid Waste Disposal Act; (2) any substance by any person in the course of carrying out any removal and remedial action under CERCLA; or (3) any solid waste which is required to be studied under specified provisions of the Solid Waste Disposal Act unless, after the completion of the studies, a law is enacted subjecting such waste to the waste end tax. Sets forth definitions and special rules relating to such waste end tax, including rules treating waste as disposed of not later than one year after generation and as generated not earlier than the date such waste is identified as hazardous, and a rule imposing a fraction of the tax for a fraction of a metric ton of waste. Amends the Hazardous Substance Response Revenue Act of 1980 to provide that revenues from such waste end tax shall be deposited in the Hazardous Substance Response Trust Fund. Amends Internal Revenue Code provisions relating to the environmental tax on certain chemicals (and metals). Increases the rate of such tax on most chemicals on the list (but decreases such tax rate for methane). Adds other chemicals (and metals) to such tax list. Eliminates the listings of zinc chloride and zinc sulfate, but adds zinc to the list for purposes of such tax. Revises the exemption for substances derived from coal from such tax on chemicals to provide that the following substances shall not be exempt from such tax: benzene, tolvene, xylene, naphthalene, tars, and light oils. Expands the exemption for substances used in the production of fertilizer from such tax on chemicals to include as qualified substances specified substances which are sold for resale by any purchaser for use or for resale for ultimate use in a qualified use. Makes such amendments relating to the tax on certain chemicals effective on October 1, 1985. Amends the Hazardous Substance Response Revenue Act of 1980 to revise provisions relating to the Hazardous Substance Response Trust Fund (the Fund). Authorizes appropriations to the Fund for FY 1986 through 1990. Expands the scope of authorized expenditures from the Trust Fund by authorizing expenditures for other costs described under specified CERCLA provisions. Increases from 85 percent to 94 percent the Fund amounts reserved for expenditures for specified purposes. Revises provisions relating to the Fund's authority to borrow repayable advances. Extends through March 31, 1988, the period during which advances may be made for payment of response costs. Extends through September 30, 1990: (1) the period during which other advances may be made to the Fund; and (2) the deadline for final repayment of all advances to the Trust Fund.

Bill· HRH.R. 5580 (98th)open

A bill to amend the Public Health Service Act to authorize financial assistance for organ procurement organizations, and for other purposes.

United States · United States Congress · 3 May 1984

Title I: Organ Procurement Activities - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for the planning of qualified organ procurement organizations. Authorizes the Secretary to make grants for the establishment, initial operation, and expansion of qualified organ procurement organizations. Sets forth eligibility criteria. Authorizes appropriations for FY 1984 through 1990. Directs the Secretary to: (1) establish a United States Transplantation Network to provide a central registry linking donors and potential recipients; (2) establish and maintain an organ recipient registry; (3) maintain an identifiable unit in the Department of Health and Human Services to coordinate Federal organ transplant programs and policies; and (4) publish an annual report on the scientific and clinical status of organ transplantation. Directs the Secretary to establish a Task Force on Organ Transplantation. Requires such Task Force to: (1) conduct a national conference within six months; and (2) report to the Secretary. Terminates the Task Force 12 months after such report is submitted. Requires the Secretary to make immunosuppressive drugs available, upon request and without cost, to transplant centers for use on an outpatient basis by individuals who have received an organ transplant at such centers. Requires such centers to furnish such drugs to its outpatients on the basis of the center's determination of the patient's need and the patient's inability to pay for them through insurance coverage or other resources. Requires the Comptroller General to report annually to Congress concerning the allocation of such drugs. Requires the Secretary to submit a recommendation to Congress by October 1, 1985, concerning the feasibility and desirability of authorizing reimbursements under title XVIII of the Social Security Act for immunosuppressive drugs on an outpatient basis by individuals who have received organ transplants. Authorizes appropriations through FY 1986. Title II: Prohibition of Organ Purchases - Prohibits the purchase or sale of human organs if such transfer affects commerce. Establishes criminal penalties for such violations.

Bill· HRH.R. 5529 (98th)open

Agricultural Patent Reform Act of 1984

United States · United States Congress · 26 April 1984

Agricultural Patent Reform Act of 1984 - Amends the patent laws to extend the terms of patents which emcompass specified products or methods for using a product, including methods of manufacturing which primarily use recombinant DNA technology, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a five year limitation. Directs the Commissioner of Patents to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for: (1) any new animal drug or antibiotic subject to regulation under the Federal Food, Drug, and Cosmetic Act; (2) any veterinary biological product subject to regulation under the virus, serum, toxin, and analogous products provisions of the Act of March 4, 1913; (3) any pesticide subject to regulation under the Federal Insectide, Fungicide, and Rodenticide Act; and (4) any chemical substance or mixture subject to regulation under the Toxic Substances Control Act.

Resolution· HCONRESH.Con.Res. 294 (98th)passed

A concurrent resolution expressing the sense of the Congress that the President should express to the Government of the Soviet Union the disapproval of the American people concerning the Soviet Union's systematic nondelivery of international mail addressed to certain persons residing within the Soviet Union, and that the United States delegation to the Congress of the Universal Postal Union seek the compliance of the Government of the Soviet Union with the treaties governing international mail to which it is a party.

United States · United States Congress · 26 April 1984

Expresses the sense of the Congress that the President should express to the Soviet Union the U.S. disapproval of the Soviet Union's: (1) systematic nondelivery of U.S. mail addressed to persons in the Soviet Union; and (2) violation of specified treaties governing international mail. States that at the meeting of the Congress of the Universal Postal Union in Hamburg, Germany, U.S. representatives should; (1) bring such violations to the attention of the Union; (2) request that an investigation of such violations be conducted by the Union; and (3) consider possible sanctions against the Soviet Union for such violations.

Bill· HRH.R. 5496 (98th)open

A bill to amend the Public Health Service Act to rename the National Center for Health Services Research as the National Center for Health Services Research and Medical Technology Assessment, and for other purposes.

United States · United States Congress · 12 April 1984

Amends the Public Health Service Act to rename the National Center for Health Services Research the National Center for Health Services Research and Medical Technology Assessment. Includes among the duties of the Center research, evaluation, and demonstration projects respecting the safety, efficacy, effectiveness, cost effectiveness, and social, economic, and ethical impacts of health care technologies. Requires the Center to advise the Secretary of Health and Human Services respecting medical technology issues and make recommendations with respect to whether specific medical technologies should be reimbursable under federally financed health programs. Requires the Secretary, acting through the Center, to undertake and support (by grant or contract) research regarding technology diffusion, methods to assess medical technology, and specific medical technologies. Requires any such grant over a specified amount to be reviewed by the National Advisory Council on Medical Technology Assessment established by this Act. Sets forth the functions pertaining to medical technology assessment for which the Secretary may make a grant to support a non-profit entity. Establishes the National Advisory Council on Medical Technology Assessment to advise the Secretary and the Center with respect to the performance of the medical technology assessment functions set forth by this Act. Repeals the provisions of such Act which provide for the establishment of the National Center for Health Care Technology. Authorizes appropriations for health service research, evaluation, and demonstration activities undertaken or supported by the Center. Authorizes appropriations through FY 1987 for health statistical, epidemiological, and medical technology assessment activities undertaken or supported by the Center or by the National Committee on Vital and Health Statistics.

Bill· HRH.R. 5438 (98th)referred

A bill to redesignate the Under Secretary for Health and Human Services in the Department of Health and Human Services as the Deputy Secretary of Health and Human Services and to establish the positions of Under Secretary for Health and Under Secretary for Human Services in such Department.

United States · United States Congress · 12 April 1984

Redesignates the Office of Under Secretary of Health and Human Services in the Department of Health and Human Services as the Office of the Deputy Secretary of Health and Human Services. Establishes in such Department the Offices of: (1) Under Secretary for Health; and (2) Under Secretary for Human Services. Makes the Under Secretary for Health responsible for the Public Health Service, the Health Care Financing Administration, and the Office of Assistant Secretary for Health. Makes the Under Secretary for Human Services responsible for the Social Security Administration, the Office of Human Development Services, and the Office of Community Services.

Bill· HRH.R. 5400 (98th)open

Alternative Medical Liability Act

United States · United States Congress · 10 April 1984

Alternative Medical Liability Act - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide for an alternative liability system for malpractice. Requires a health care provider, in order to participate in the alternative liability program, to participate, directly or through an insurance company which has agreed to be the compensation obligor with respect to that provider, in an assigned claims plan which meets the requirements of this paragraph in order to insure the payment of compensation benefits by compensation obligors. Permits entities (including insurance companies) in a State to organize and maintain, subject to approval and regulation by the State insurance regulator, an assigned claims plan and adopt rules for its operation consistent with this paragraph. Provides that if such a plan is not established or maintained in a State, the Secretary of Health and Human Services shall organize and maintain an assigned claims plan for the State. Requires each assigned claims plan to provide for the assessment of costs on a fair and equitable basis consistent with the liability system established by this Act. Prohibits an assigned claims plan from permitting an entity covered under the plan to withdraw from the plan retrospectively. Permits an injured individual entitled to compensation benefits from a compensation obligor to obtain them through the assigned claims plan if the initiating compensation obligor claims that it is unable to fulfill its obligation. Provides that where an assigned claims plan finds that a compensation obligor which is associated with such plan reasonably claims that it is unable to pay the compensation benefits it owes, the assigned claims plan shall promptly assign the claims to a member or members of the plan and notify the individual or individuals entitled to receive such benefits of the identity and address of the assignee or assignees. Permits any such assignee to seek payment from the compensation obligor or its successor of 120 percent of the costs and expenses in fulfilling the obligor's obligations. Defines the "compensation obligor", with respect to a personal injury, as the health care provider obligated to pay benefits for an injury and includes in such definition: (1) any other entity (including an insurance company) obligated for payment; and (2) any person joined with respect to the injury. Prohibits an individual from bringing a civil action against a health care provider for a disease or injury arising from health care services provided pursuant to Medicare, Medicaid (title XIX of the Social Security Act), an armed forces' or veterans' health plan, the Federal employees' health benefits program, or any other health benefits program established under Federal law in any case where a provider which is participating in an assigned claims plan and is potentially liable for the injury, if the provider provides the individual (within a specified time period) with a written tender to pay compensation benefits in accordance with the alternative liability malpractice system. States that civil actions include any civil action which could have been brought against a compensation obligor with respect to recovery of damages relating to personal injury, whether based on: (1) negligence or gross negligence; (2) strict or absolute liability in tort; (3) breach of express or implied warranty or contract; (4) failure to discharge a duty to warn or instruct or to obtain consent; or (5) any other theory that is the basis for an award of damages for personal injury. States that civil actions do not include: (1) any action to recover for compensation benefits tendered under this Act; or (2) any action in the nature of a wrongful death action, but only in the case of such an action for losses accruing to survivors after the death of an injured individual and resulting from the death of an individual. Permits a health care provider making a tender to join any person who is potentially liable for the injury. Provides that any disagreement as to any party's share of the costs shall be submitted to binding arbitration and that each party's share shall be based on the comparative fault of the parties. Sets forth provisions relating to the subrogation of parties. Provides that the amount of compensation benefits payable with respect to a personal injury is equal to the net economic loss resulting from the injury, plus attorney's fees. Defines "net economic loss" and other terms used in defining "net economic loss." Requires compensation benefits to be paid not later than 30 days after the date that reasonable proof of the fact and amount of net economic loss incurred is submitted to the initiating compensation obligor, except that payment may be made for expenses incurred over periods not exceeding 31 days within 15 days after the end of the period. Provides that if reasonable proof is supplied as to only a portion of net economic loss, and the portion totals $100 or more, the compensation benefits with respect to that portion shall be paid without regard to the remainder of the net economic loss. Sets the statute of limitations for a claim under this Act at five years. Provides, upon the request of an injured individual or compensation obligor, for the disclosure of facts about, and the mental and physical examination of, the injured individual. Provides that in the case of a dispute as to the right of an injured individual or compensation obligor to discover information, a petition may be made to a court having jurisdiction over the matter for an order for discovery. Provides that if a health care provider tenders compensation benefits with respect to an injured individual and there is a dispute between the compensation obligors and the injured individual respecting the determination of the amount of compensation benefits owing, except as otherwise provided for in this Act, application may be made to a court with appropriate jurisdiction for a declaration as to the amount of compensation benefits owed. Permits an obligation to pay compensation benefits to be discharged by a settlement or lump sum payment, except that no such discharge shall be made with respect to an injury with a current value of net economic loss exceeding $5,000 unless a court having jurisdiction over the matter determines that the settlement is fair to the injured individual. Permits an agreement or judgment to be modified as to amounts to be paid in the future upon a finding that a material and substantial change of circumstances has occurred after the date the agreement or judgment was made, or that there is newly discovered evidence which would not have been known previously in the exercise of reasonable diligence. Provides that the preceding provisions of this Act shall not apply to any personal injury occurring: (1) before January 1, 1987; or (2) in a State which has in effect an alternative medical liability law which the Secretary of Health and Human Services determines meets specified requirements. Sets forth requirements for a State alternative medical liability law.

Bill· HRH.R. 5383 (98th)open

Uniform Minimum Drinking Age Act of 1984

United States · United States Congress · 5 April 1984

Uniform Minimum Drinking Age Act of 1984 - Directs the Secretary of Transportation to withhold five percent in FY 1987, and ten percent in FY 1988, of certain Federal-aid highway funds from States in which the minimum drinking age is less than 21 years.