United States · United States Congress · 21 February 1984
Expresses the sense of the Congress that the President should: (1) continue to express U.S. opposition to the exile of Igor Ogurtsov; and (2) urge the Soviet Union to provide Igor Ogurtsov with medical care, grant his release from exile, and accept his application for an exit visa and allow him to emigrate without forcing him to renounce his views (in accordance with a specified international treaty).
United States · United States Congress · 9 February 1984
Community Nursing Centers Act of 1984 - Amends titles XVIII and XIX (Medicare and Medicaid) of the Social Security Act to include coverage for community nursing center services. Defines "community nursing center services" as any of the following items and services furnished by a community nursing center (or through such a center) either at the center, an individual's home, or other location: (1) part-time or intermittent nursing care; (2) physical, occupational, or speech theraphy; (3) necessary supportive social services; (4) part-time or intermittent services of a home health aid; (5) medical supplies; (6) well-baby and health supervision services for infants and children; and (7) related support services. Defines a "community nusing center" as either a public or private free-standing center primarily engaged in providing nursing services and which meets stated requirements with respect to items and services furnished, personnel, individuals served, and record keeping. Requires a nursing plan of care to be developed for each patient. Provides for an independent review committee to provide plan reviews and utilization reviews. Directs the Secretary of Health and Human Services to designate community nursing service areas, and no more than one community service center to serve such area (unless the Secretary determines that one such center is not adequate for such area). Directs the Secretary to conduct demonstration programs under which payment will be allowed for community nursing services provided to individuals requiring services for periods of less than three months. Directs the Comptroller General to report to Congress concerning the cost effectiveness of community nursing center services under titles XVIII, XIX and V (Maternal and Child Health Services Block Grant) of the Act.
United States · United States Congress · 9 February 1984
Comprehensive Hazardous Substances Cleanup and Emergency Relief Act of 1984 - Sets forth the finding that in order to adequately protect human health and the environment from hazardous waste it is necessary to: (1) establish a program for the cleanup of hazardous waste sites; (2) establish standards for the cleanup of such sites which will insure the same degree of protection for human health and the environment as are applicable in the case of facilities regulated under hazardous waste management provisions of the Solid Waste Disposal Act and other applicable Federal and State law; (3) establish enforcement standards which require parties responsible for the release or threatened release of hazardous substances, pollutants, or contaminants to assume financial responsibility for injuries of those exposed and for either conducting cleanup or reimbursing government costs of cleanup; (4) establish a full and cooperative Federal-State partnership in the cleanup program; and (5) afford citizens emergency assistance, reimbursement of medical and reimbursement expenses, and an opportunity to participate in the cleanup process. Title I: Cleanup of Hazardous Substances, Pollutants, and Contaminants - Amends the Solid Waste Disposal Act ("the Act") (also known as the Resource Conservation and Recovery Act of 1976) to add provisions for cleanup of, and liability for, certain hazardous substances, pollutants and contaminants. Defines "hazardous substance" as: (1) any substance designated under specified provisions of the Federal Water Pollution Control Act; (2) any element, compound, mixture, solution, or substance designated under specified provisions for additional designations under this Act; (3) any hazardous waste having the characteristics identified or listed under specified hazardous waste management provisions of the Act (but not including any other waste the regulation of which under specified hazardous waste management provisions has been suspended by Act of Congress); (4) any toxic pollutant listed under the Federal Water Pollution Control Act; (5) any hazardous air pollutant listed under the Clean Air Act; and (6) any imminently hazardous chemical substance or mixture with respect to which the Administrator of the Environmental Protection Agency (EPA) ("the Administrator") has taken action under the Toxic Substances Control Act. Provides for designation of additional hazardous substances and reportable quantities under this Act. Directs the Administrator to promulgate and revise: (1) regulations designating as hazardous substances, in addition to those referred to in the definition under this Act, such elements, compounds, mixtures, solutions, and substances which, when released into the environment, may present substantial danger to the public health or welfare or the environment; and (2) regulations establishing that quantity of any hazardous substance the release of which shall be reported under this Act. Allows the Administrator to determine that one single quantity shall be the reportable quantity for any hazardous substance, regardless of the medium into which it is released. Provides that, unless and until superceded by such regulations, the substances designated as additional hazardous substances and the reportable quantities of such substances established under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (Superfund) (CERCLA) shall be deemed designated and established under this Act. Sets forth a notice requirement relating to releases of hazardous substances from any facility. Defines "facility" as: (1) any building, structure, installation, equipment, pipe or pipeline well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (2) any site or area where a hazardous substance, or pollutant or contaminant, has been deposited, stored, dispensed of, or placed, or otherwise located (but does not include any consumer product in consumer use or any vessel). Requires any person in charge of a facility, as soon as such person has knowledge of any release (other than a federally permitted release) of a hazardous substance from such facility in quantities equal to or greater than those determined as reportable under this Act to immediately notify the National Response Center. Directs the Center to convey the notification expeditiously to all appropriate Government agencies, including the Governor of any affected State. Provides that such notification, or information obtained by exploitation of it, shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement. Provides that such notice requirement shall not apply to the normal application of a pesticide product under the Federal Insecticide, Fungicide, and Rodenticide Act or to the handling and storage of such a pesticide product by an agricultural producer. Exempts from such notice requirement any hazardous substance release which: (1) is required to be reported (or specifically exempted from a reporting requirement) under specified hazardous waste management provisions and regulations under the Act and has been reported to the Center; or (2) is a continuous release, stable in quantity and rate, and either is from a facility for which notification has been given under specified provisions of CERCLA or is a release for which notification has been given under the notice requirement of this Act for a period sufficient to establish the continuity, quantity, and regularity of the release. Requires, in the case of such exemptions, that notification be given for releases annually or at such time as there is any statistically significant increase in the quantity of any hazardous substance or constituent thereof released, above that previously reported or occurring. Sets forth response authorities. Authorizes the Administrator, whenever there is a release or substantial threat of release into the environment of any hazardous substance or of any pollutant or contaminant which may present an imminent or substantial danger to human health or the environment, to: (1) remove or arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource); or (2) take any other response measure necessary to protect human health and the environment. Requires that removal actions be consistent with the National Contingency Plan and long-term remedial actions. Allows the Administrator to authorize facility owners or operators or other responsible parties to undertake such response actions. Provides, for purposes of such response authorities, that the term "pollutant or contaminant" shall include, but not be limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavorial abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring. Sets forth investigation and planning authorities. Authorizes the Administrator to undertake investigations, monitoring, surveys testing, and other information gathering to identify the existence or extent of a release or threat thereof, the source and nature of the hazardous substances, pollutants, or contaminants involved and the extent of danger to human health and the environment, whenever the Administrator: (1) is authorized to act under response authorities for imminent and substantial danger; or (2) has reason to believe that a release has occurred or is about to occur, or that illness, disease, or complaints thereof may be attributable to exposure to a hazardous substance, pollutant, or contaminant and that a release may have occurred or be occurring. Authorizes the Administrator, in addition, to undertake planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations to plan and direct response actions, recover costs, and enforce cleanup, liability, and funding provisions of this Act. Directs the Administrator, in such information gathering or planning, to assess the risk to human health associated with the release or threatened release. Provides for a six-months limitation on response action. Discontinues obligations, other than those authorized for investigation and planning, from the Hazardous Substances Trust Fund ("the Fund") established under this Act after $1,000,000 has been obligated for response actions or six months after the initial response to a release or threatened release of hazardous substances, unless the Administrator: (1) finds that continued response actions are immediately required to prevent, limit, or mitigate an emergency, there is an immediate risk to human health or the environment, and such assistance will not otherwise be provided on a timely basis; or (2) has determined the appropriate remedial actions and the States in which the source of release is located have complied with provisions for State payment of certain costs. Sets forth provisions for State payment of certain costs. Prohibits the Administrator from providing any remedial actions under response provisions of this Act unless the State in which the release or threatened release occurs first provides certain assurances. Requires the State to assure the availability of a hazardous waste disposal facility for any necessary offsite storage, destruction, treatment, or secure disposition of hazardous substances, pollutants, or contaminants. Requires the State to pay or assure payment of: (1) ten percent of the costs of remedial action and ten percent of all future operation and maintenance costs of any onsite remedial action; or (2) at least 50 percent (or such greater amount as the Administrator may determine appropriate, taking into account the degree of responsibility of the State or local government) of costs of remedial action and future operation and maintenance of onsite remedial action at facilities owned or operated by the State or local government at the time of any disposal of hazardous substances, pollutants, or contaminants therein. Directs the Administrator to grant the State a credit for amounts expended or obligated by the State or local government after January 1, 1978, and before December 11, 1980, for any response action costs which are covered by provisions for the Fund and which were incurred at a release listed under National Contingency Plan provisions. Provides for reimbursement to the State of any amount paid by the State, pursuant to a specified contract or agreement at any time after December 11, 1980, in excess of ten percent of remedial action costs at a facility owned, but not operated, by the State or local government. Requires that any amount expended by a State for administrative expenses in carrying out cleanup, liability, and funding provisions of this Act be credited against the required ten percent share. Sets forth provisions for selection of remedial action. Directs the Administrator to select appropriate cost-effective remedial actions in accordance with the National Contingency Plan and with a required protection level. Directs the Administrator to consider permanent solutions and alternative treatment technologies in evaluating the cost-effectiveness. Directs the Administrator to: (1) consult with the affected States before determining the appropriate remedial action; and (2) approve a more protective action if the State or local government assures payment of 90 percent of that portion in excess of the costs of the action chosen by the Administrator. Provides that the selected remedial action shall require a level or standard of control: (1) necessary to protect human health and the environment; (2) as stringent as the most stringent applicable Federal law; and (3) as stringent as the most stringent applicable State law. Authorizes the Administrator to waive the requirements of a protection level as stringent as the most stringent Federal and State laws and to select an alternative remedial action upon a finding that: (1) such an alternative remedial action will provide substantially equivalent protection; or (2) compliance with the requirements of a level of protection necessary to protect human life and the environment at a site or facility will consume such a disproportionate share of Fund resources as to defer or prevent remedial action at other sites or facilities which pose a significantly greater threat. Prohibits permit requirements for any removal or remedial action undertaken pursuant to this Act at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for required protection level. Authorizes the Administrator to enter into contracts or cooperative agreements with State and local governments to take remedial actions and to be reimbursed for reasonable response costs from the Fund. Provides for enforcement of such contracts and agreements, and of cost-sharing agreements, in Federal district courts. Authorizes the Administrator to provide technical and legal assistance to State or local governments in administering and enforcing contracts and subcontracts in connection with response actions and to intervene in civil actions involving such enforcement. Authorizes the Administrator to treat two or more noncontiguous facilities as one if they are reasonably related on the basis of geography or of threat or potential threat to human health or the environment. Sets forth information gathering and access authorities for purposes of assisting in determining the need for response to a release or enforcing cleanup, liability, and funding provisions of this Act. Requires that access to records and information, including samples of hazardous substances or pollutants or contaminants or substances which may have been hazardous, and samples of containers and labels, be provided to authorized Federal and State officers by any person: (1) who generates, stores, treats, recycles or disposes of such substances; or (2) who generates, stores, transports, or otherwise handles or has handled such substances (where necessary to ascertain facts not available at the facility where such substances are located). Provides for access to the site or facility at which any hazardous substance or pollutant, or contaminant is located, whenever necessary to carry out cleanup, liability, and funding provisions of this Act. Provides for public availability of records, reports, or information obtained, with specified exceptions for data entitled to confidentiality. Requires that all information reported or obtained be made available to any duly authorized congressional committee. Directs the Administrator or the State to require compliance with Federal health and safety standards established in the National Contingency Plan in awarding contracts for response actions. Requires that the prevailing wage rates of the Davis-Bacon Act be paid to all laborers and mechanics for construction, repair, or alteration work funded in whole or part under response action provisions of this Act. Authorizes the President to authorize the use of emergency procurement powers necessary to effect the purpose of the Act. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR), in cooperation with other Federal officials and States, to implement the health related authorities of the Act. Directs the ATSDR Administrator to establish and maintain: (1) national registries of serious diseases and of persons exposed to toxic substances; (2) inventories of research on the health effects of toxic substances; and (3) a complete listing of areas closed to the public or otherwise restricted in use because of toxic substance contamination. Directs the ATSDR Administrator to: (1) provide medical care and testing, or other appropriate assistance to exposed individuals in public health emergencies; and (2) conduct periodic survey and screening programs to determine relationships between exposure to toxic substances and illness. Directs the ATSDR Administrator to prepare toxicological profiles sufficient to establish the likely effect on human health of the 100 hazardous substances which are most frequently found or which pose the most significant threat to human health at facilities listed on the National Priorities List prepared under the National Contingency Plan. Requires that the 100 profiles be completed 48 months after enactment of this Act (at 12-month intervals for four groups of 25 substances). Sets forth provisions for public participation in remedial action planning. Sets forth remedial action schedules. Directs the Administrator to complete remedial investigations and feasibility studies for all releases and threatened releases at sites listed or proposed to be listed on the National Priority List prepared under the National Contingency Plan: (1) within 18 months after the enactment of this Act, at sites listed or proposed to be listed as of such enactment date; and (2) within 12 months after the date of listing, at sites listed or proposed to be listed after such enactment date. Directs the Administrator or the State to complete, within five years after such enactment date, remedial actions for all releases or threatened releases at sites listed or proposed to be listed as of such enactment date. Directs the Administrator to complete by January 1, 1987, a preliminary assessment of all sites listed, as of such enactment date, on the Emergency and Remedial Response Information System. Requires that the National Contingency Plan be revised within 12 months after the enactment of this Act to reflect and effectuate the powers and responsibilities created by this Act, in addition to those matters specified in CERCLA and other applicable law. Requires that the portion of such plan known as "the National Hazardous Substance Response Plan" be revised to provide procedures and standards for response actions consistent with protection level requirements under this Act. Requires that, on or before January 1, 1988, at least 1,000 of the highest priority facilities be designated individually on the National Priorities List as "top priority among known response targets." Requires that plan criteria for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action shall take into account (in addition to factors required under CERCLA): (1) the release-associated damage to natural resources which may affect the human food chain; and (2) the release-associated contamination or potential contamination of the ambient air. Sets forth provisions for citizen petitions for site ranking. Directs the Administrator, within 12 months after receipt of a citizen petition, to complete a preliminary assessment of the hazards to public health and environment associated with any actual or threatened release of a hazardous substance or pollutant or contaminant. Directs the Administrator, if such assessment indicates a significant threat, to make a prompt evaluation in accordance with the hazard ranking system referred to under specified provisions of CERCLA to determine the national priority of such release or threatened release. Sets forth provisions for abatement actions. Directs the Administrator, upon determining that there may be imminent and substantial danger to human health or the environment because of an actual or threatened release of a hazardous substance or any pollutant or contaminant from a facility, to request the Attorney General, in addition to any other State or local action, to secure relief necessary to abate such danger or threat. Gives the U.S. district court in the district in which the threat occurs jurisdiction to grant such relief as the public interest and the equities of the case may require. Authorizes the Administrator, after notice to the affected State, to take other abatement action including issuing orders necessary to protect human health and the environment. Directs the Administrator, within 18 months after enactment of this Act, and after consultation with the Attorney General, to revise and republish guidelines published under CERCLA for using the imminent hazard, enforcement, and emergency response authorities of this Act and other existing statutes administered by the Administrator to effectuate the responsibilities and powers created by this Act. Requires that such guidelines: (1) be consistent with the National Contingency Plan; and (2) include the assignment of responsibility for coordinating response actions with the issuance of administrative orders, enforcement of standards and permits, information gathering, and other imminent hazard and emergency powers authorized by other provisions of law. Authorizes the Administrator to establish administrative procedures regarding the opportunity for a person to object to an abatement order under this Act. Provides that no court shall have jurisdiction to review any such abatement order in any action other than an action to: (1) enforce such order; (2) recover a penalty for a violation; or (3) recover punitive damages. Sets forth provisions for liability for releases or threatened releases of hazardous substances, pollutants, or contaminants which cause incurrence of response costs. Makes strictly liable for specified costs and damages: (1) owners or operators of facilities at which hazardous substances, pollutants, or contaminants were stored, treated, disposed of, or recycled; (2) persons who owned or operated such facilities at the time of such storage, treatment, disposal, or recycling; (3) persons who owned or possessed such substances and who arranged for such storage, treatment, disposal, or recycling by, or for transport for such purposes, by any other party or entity; and (4) persons who accept or accepted any such substances for transport to storage, disposal, treatment, or recycling facilities or sites selected by such persons. Provides that such costs and damages shall be: (1) all Federal and State costs of removal or remedial action and investigation and planning; (2) any other necessary response costs incurred by any other person consistent with the National Contingency Plan; (3) damages for injury to, destruction of, or loss of natural resources, including assessment costs; and (4) costs of specified emergency relief actions and health effects studies. Provides that such liability shall be: (1) joint and several; and (2) according to the standard which obtains under specified provisions of CERCLA and the Federal Water Pollution Control Act. Provides for recovery of interest on amounts recoverable as costs and damages. Sets forth defenses to such strict liability. Sets forth a limitation on the amount of such liability (the total of all response costs plus $50,000,000 for any damages) but makes the responsible person liable for full and total costs of response and damages in cases involving willful misconduct, willful negligence, or violations of Federal standards (within the privity or knowledge or such person), or failure or refusal to cooperate with requests in connection with response activities with respect to regulated carriers. Provides for punitive damages in an amount three times the amount of any costs incurred by the Fund as a result of a responsible person's failure without sufficient cause to properly provide removal or remedial action upon order of the Administrator. Provides that no person shall be liable under this Act for costs and damages incurred as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of an on scene coordinator, except in cases of gross negligence or intentional misconduct. Sets forth provisions relating to indemnification agreements. Sets forth provisions relating to liability for damages to natural resources. Makes all requirements, including liability, of this Act applicable to all Federal agencies. Prohibits recovery under such liability provisions of this Act for response costs or damages resulting from the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act. Provides that recovery for response costs or damages resulting from a federally permitted release shall be pursuant to existing law in lieu of such liability provisions of this Act. Provides that, for purposes of abatement actions, the presumption that EPA (or State) laboratory tests are accurate may be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Sets forth provisions for financial responsibility. Directs the Administrator to promulgate requirements (for facilities in addition to those under hazardous waste management provisions of the Act) that classes of facilities establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances. Requires that priority in the development of such requirements be accorded to those classes of facilities, owners, and operators which the Administrator determines present the highest level of risk of injury. Directs the Administrator to publish notice of the identification of those classes for which requirements will be first developed. Requires that the level of financial responsibility be established and adjusted to protect against the level of risk which the Administrator believes is appropriate based on the payment experience of the Fund, commercial insurers, court settlements and judgments, and voluntary claims satisfaction. Directs the Administrator to cooperate with and seek the advice of the commercial insurance industry in developing such financial responsibility requirements. Requires that such financial responsibility requirements be incrementally imposed over a period of between three to six years after promulgation. Provides that, where possible, the financial responsibility level appropriate as a final requirement be achieved through incremental, annual increases in the requirements. Sets forth provisions for consolidated forms of evidence of financial responsibility under specified circumstances. Provides that the requirements for evidence of financial responsibility for motor carriers covered by this Act shall be determined under specified provisions of the Motor Carrier Act of 1980. Sets forth provisions relating to claims against guarantors and the limitation of guarantor liability. Sets forth provisions for penalties for specified violations under this Act. Sets forth provisions relating to employee protection. Prohibits firing or discriminating against any employee or authorized employee representative because he or she has provided information to a State or the Federal Government, or has caused the filing or institution of, or testified, or is about to testify in, any proceeding resulting from the administration or enforcement of this Act. Sets forth procedures for review by the Secretary of Labor of employee allegations of such a firing or discrmination, and for judicial review of the Secretary's orders. Provides for abatement orders, including rehiring or reinstatement with compensation and reimbursement of legal costs and expenses to the employee by the violator. Makes such employee protection provisions inapplicable to any employee who, acting without discretion from the employer (or the employer's agent), deliberately violates any requirement of this Act. Directs the President to conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of this Act, including, where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement. Permits employees and their representatives to request investigations. Provides for a public hearing at the request of any party. Directs the President to make investigation reports, findings of fact, and recommendations available to the public. Sets forth provisions for citizen petitions for emergency relief and health effects studies. Directs the Administrator, upon receiving a petition providing reason to believe that the petitioners were exposed to any hazardous substance in a manner which may present a significant risk to human health, to: (1) immediately terminate such risk by provision of alternative drinking supplies, decontamination of soil, or relocation of residents; and (2) perform a health effects study to ascertain the nature, magnitude, scope, and duration of the exposure, including a determination of the source of any groundwater contamination and a toxicological evaluation of the substances involved. Directs the Administrator to also perform a health effects study upon receiving a petition providing reason to believe that one or more persons have been exposed to any hazardous substance and such exposure has abated but previously presented a significant risk to human health. Requires that each health effects study be completed within six months after the date on which the petition is filed, and that the results of such study be made public within ten days after completion. Provides for judicial review of the Administrator's denial of such petitions in the U.S. district court for the district in which the exposure occurred. Sets forth claims procedures. Requires that all claims which may be asserted against the Fund be presented first to the owner, operator, or guarantor of the facility from which a hazardous substance has been released, if known to the claimant, and to any other person known to the claimant who may be liable under this Act. Allows the claimant, in any case where the claim has not been satisfied within 60 days of such presentation, to elect to: (1) commence an action in court against such owner, operator, guarantor, or other person; or (2) present the claim to the Fund for payment. Directs the Administrator to prescribe appropriate forms and procedures for claims filed against the Fund. Directs the Administrator, upon receipt of any claim, to: (1) inform any known affected parties of the claim; and (2) attempt to promote and arrange a settlement between the claimant and any person who may be liable. Provides that, if the claimant and alleged liable party agree upon a settlement, it shall be final and binding upon the parties thereto, who will be deemed to have waived all recourse against the Fund. Provides that where a responsible party is unknown or cannot be determined, the claimant and the Administrator shall attempt to arrange settlement of any claim against the Fund. Authorizes the Administrator to award and make payment of such settlement, subject to proof and procedures promulgated by regulation. Directs the Administrator (except in extraordinary circumstances where inadequate services of private organizations or State agencies make the use of Federal personnel necessary) to use the facilities and services of private insurance and claims adjusting organizations or State agencies in implementing such claims settlement requirements. Sets forth provisions relating to contracts for such facilities and services. Authorizes the Administrator, if no settlement is reached within 45 days after filing of a claim and if the information developed during the claim processing warrants it, to make and pay an award of the claim. Provides for the appeal of such an award in the U.S. district court for the district in which the arbitral hearing took place. Requires that, if the Administrator declines to make an award, the claim be submitted to a member of the Board of Arbitrators established under CERCLA. Sets forth subrogation provisions. Sets forth statute of limitations provisions. Prohibits, with specified exceptions, the presentation of a claim or the commencement of an action for damages under this Act unless that claim is presented or action commenced within three years from the date of the discovery of the loss, whichever is later. Provides that such time limitations shall not begin to run against minors or incompetent persons until a legal representative is duly appointed for them or until the minor reaches 18 years of age or the incompetency ends. Prohibits presentation of claims or commencement of actions for recovery of specified response costs until the date six years after the completion of the response action. Provides that no person who asserts a claim against the Fund pursuant to this Act shall be deemed or held to: (1) have waived any other claim not covered or assertable against the Fund under this Act arising from the same incident, transaction, or set of circumstances; (2) have split a cause of action; or (3) as a result of any determination of a question of fact or law in connection with such claim, be collaterally estopped from raising such question in connection with any other claim not covered or assertable against the Fund. Provides that judicial review of any regulation promulgated under this Act may be had upon application, within 90 days from the date of promulgation, by any interested person only in the Circuit Court of Appeals of the United States for the District of Columbia. Grants the U.S. district courts exclusive original jurisdiction over all other controversies arising under this Act. Sets forth provisions for venue in such cases. Provides that no provision of this Act shall be deemed or held to meet any prior litigation concerning any release of any hazardous substance or pollutant or contaminant or any associated damages. Sets forth provisions concerning the relationship of this Act to other law. Provides that nothing in this Act shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to the release of hazardous substances or pollutants or contaminants within such State. Bars any person from receiving double compensation for the same removal costs or damages or claims pursuant to this Act and any other Federal or State law. Authorizes States to require any person to contribute to any fund to pay compensation for claims for any response costs or damages or claims which may be compensated under this Act. Prohibits State or local governments from requiring any other evidence of financial responsibility in connection with liability for the release of a hazardous substance from a facility, if the owner or operator establishes and maintains evidence of financial responsibility in accordance with this Act. Authorizes the President and the Administrator to delegate any powers or duties and to promulgate regulations to carry out cleanup, liability, and funding provisions of this Act. Adds provisions for medical and relocation expenses and other recovery to the Act. Sets forth definitions applicable to such provisions. Title II: Establishment and Uses of Hazardous Substance Trust Fund - Amends the Solid Waste Disposal Act ("the Act") to establish the Hazardous Substance Trust Fund ("the Fund") in the Treasury. Transfers to the Fund amounts determined by the Secretary of the Treasury ("the Secretary") to be equivalent to: (1) the fees imposed under title III of this Act; (2) amounts recovered on behalf of the Fund under specified provisions of this Act; (3) civil penalties assessed under specified provisions of this Act; and (4) punitive damages under specified provisions of this Act. Authorizes appropriations in a specified amount for the Fund for FY 1986 through 1988. Authorizes appropriations for each fiscal year thereafter in an amount equal to not more than 12.5 percent of the amount deposited in the Fund during the second preceding fiscal year which is derived from the fees imposed under title III of this Act. Limits the liability of the U.S. Government to the amount in the Fund. Sets forth provisions for the Secretary's administration of the Fund, relating to method of transfer, management (including an annual report to Congress and investment requirements), and authority to borrow (including limitations on advances and repayment requirements). Sets forth the uses of the Fund. Directs the Administrator to use the money in the Fund for payment of: (1) governmental response costs incurred pursuant to response provisions of this Act; (2) any claim for necessary response costs incurred by any other person as a result of carrying out the revised National Contingency Plan, if such costs are approved in advance of expenditure under that plan and certified by the responsible Federal official; (3) any claim authorized by provisions relating to natural resources damages and finally decided under settlement provisions, including interest, administrative and adjudicative costs, and attorney's fees; (4) medical and relocation expenses; and (5) other specified costs. Directs the Administrator to cooperate with State and local governments in their undertaking of response actions under this Act. Requires that any administrative costs or expenses paid out of the Fund be reasonably necessary and incidental to the implementation of this Act. Sets forth provisions relating to claims for damages to natural resources. Allows claims resulting from a release or threat of release of a hazardous substance from a facility to be asserted against the Fund for injury to, or destruction or loss of, natural resources. Provides that such claims may be asserted only by: (1) the President, as trustee, for natural resources over which the United States has sovereign rights or within U.S. territory to the extent they are managed and protected by the United States; or (2) any State for natural resources within its boundaries belonging to, managed by, controlled by, or appertaining to such State. Provides that the Fund may be used for other specified "included costs" of: (1) natural resources damages assessment; (2) Federal or State efforts to restore, rehabilitate, replace, or acquire the equivalent of the natural resources damaged; (3) a program to identify, investigate, and take enforcement and abatement action against releases of hazardous substances (subject to amounts provided in appropriation Acts); (4) epidemiologic studies, a registry of and long-term health effect studies on persons exposed to hazardous substances, and otherwise unavailable diagnostic services to determine whether persons in populations exposed to hazardous substances in connection with a release or suspected release are suffering from long- latency diseases; (5) providing supplementary equipment and similar overhead and damage assessment capability for any Federal agency involved in strike forces, emergency task forces, or other response teams under the National Contingency Plan (subject to amounts provided in appropriations Acts); (6) a program to protect the health and safety of employees involved in response to hazardous substances releases (subject to amounts provided in appropriations Acts); (7) preparation of toxic profiles by the Agency for Toxic Substances and Disease Registry; (8) evaluation of sites by the Administrator pursuant to citizen petitions; and (9) emergency relief and health effects studies carried out by the Administrator. Provides that the health and safety program for employees involved in response actions shall: (1) be developed jointly by the EPA, the Occupational Safety and Health Administration, and the National Institute for Occupational Safety and Health; and (2) include measures for identifying and assessing hazards to which persons engaged in the removal or remedy of, or other response to hazardous substances may be exposed, methods to protect workers from such hazards, and necessary regulatory and enforcement measures to assure adequate protection of such employees. Prohibits the use of money in the Fund for: (1) assessment or restoration costs or claim payments where the damage to natural resources and the release occurred wholly before the enactment of this Act; or (2) claim payments for natural resources damages where such expenses are associated with injury or loss resulting from long-term exposure to ambient concentrations of air pollutants from multiple or diffuse sources. Provides that claims against or presented to the Fund shall: (1) not be valid or paid in excess of the total money in the fund at any one time; and (2) become valid only when additional money is collected, appropriated, or otherwise added to the Fund. Directs the Administrator, should the total claims outstanding at any time exceed the current balance of the Fund, to pay such claims, to the extent authorized, in full in the order in which they were finally determined. Limits the portion of money credited to the Fund that shall be available in any fiscal year: (1) to six percent for payment of any claims and related costs for natural resources damages; and (2) to 12 percent for payment of medical and relocation expenses. Provides that no money in the Fund shall be available for remedial actions, other than actions specified under provisions for "included costs" under uses of the Fund, with respect to federally owned facilities. Provides that the following uses of the Fund shall, in the aggregate, be subject to such amounts as are provided in appropriation Acts: (1) payment of governmental response costs; and (2) payment of the specified "included costs." Authorizes the Administrator to delegate authority to obligate money in the Fund or to settle claims to officials of a State operating under a specified contract or cooperative agreement. Directs the Administrator to promulgate appropriate regulations for the notice to be provided to potential injured parties by an owner or operator of any facility from which a hazardous substance has been released. Requires such owners and operators to: (1) provide notice in accordance with such regulations; and (2) until such regulations are promulgated, provide reasonable notice to potential injured parties by publication in local newspapers serving the affected area. Requires that natural resources damages be assessed for purposes of this Act by Federal officials designated by the President under the National Contingency Plan and acting for the President as trustee. Provides that any such determination or assessment of natural resources damages shall have the force and effect of a rebuttable presumption on behalf of any claimant in any judicial or adjudicatory administrative proceeding under this Act. Requires that a plan for the use of funds under this Act for natural resources restoration be developed and adopted by affected Federal agencies and Governors of States sustaining damages to natural resources belonging to, managed by, or appertaining to such States, after adequate public notice and opportunity for a hearing and consideration of all public comment. Requires that such plan be developed and adopted before such funds may be used for such purposes, except in a situation requiring action to avoid an irreversible loss of natural resources or to prevent or reduce any continuing danger to natural resources or to meet a similar need for emergency action. Sets forth provisions for audits by the Inspector General of the EPA. Sets forth provisions relating to foreign claimants. Prohibits any potentially liable claimant from seeking judicial review of any determination to incur any government response costs under response provisions of this Act or to utilize the Fund for payment of any such costs, except in an action to recover such costs under liability provisions of this Act. Directs the President, acting through Federal officials designated by the revised National Contingency Plan, to promulgate regulations for assessment of natural resources damages within six months after enactment of this Act. Sets forth required contents of such regulations. Requires review, and appropriate revision, of such regulations every two years. Provides that, effective on the date of enactment of this Act, specified CERCLA provisions shall be superseded by this Act. Adds provisions regarding medical and relocation expenses to the Solid Waste Disposal Act ("the Act"). Allows individuals who allege that they sustained injury for which relief is payable under this Act to file an application for such relief with the Administrator. Directs the Administrator, within 45 days after the enactment of this Act, to issue a rule or order for the manner of filing such applications. Directs the Administrator to pay relief under this Act if individuals establish by a preponderance of the evidence that they have suffered physical injuries or illnesses caused by exposure to a hazardous substance: (1) from a facility or site at or from which such substance was stored, treated, recycled, disposed of, or migrated; or (2) during transportation to such a facility or site. Directs the Administrator to pay relief under this Act to dependents of any deceased individual who establish to the satisfaction of the Administrator that the death was caused by any such exposure. Provides that such relief to any individual who has suffered such physical injury or illness shall consist of: (1) payment or reimbursement for all medical costs incurred in connection with the physical injury, illness, or death; (2) a monthly payment (not to exceed $2,000 per month) in an amount equal to the injured, ill, or deceased individual's monthly earnings which are lost by reason of such injury, illness, or death during the five-year period following such injury, illness, or death; and (3) reimbursement for expenses incurred in obtaining alternative water supplies or relocating a residence where the individual's exposure (or potential exposure) to hazardous substances caused or significantly contributed to such expenses. Provides that relief to dependents of any such individual shall be equal to all such medical costs incurred, plus the reasonable expenses of burial. Directs the Administrator to promulgate rules for equitable allocation of such relief where there are two or more dependents. Directs the Administrator to compute the amount of relief and determine the method, terms, and time of payment. Requires that payments made pursuant to such provisions for medical and relocation expenses be charged against the Fund. Provides that such claims against the Fund which are in excess of the total money in the Fund shall become valid and be paid in the same manner as provided for other claims against the Fund. Limits to 12 percent that portion of the Fund which may be used for purposes of such payments for medical and relocation expenses. Sets forth the procedure for determination of such claims for medical and relocation expenses. Directs the Administrator, except as otherwise provided, to use the procedures used by the Secretary of Health and Human Services (HHS) in determining entitlement to disability insurance benefit payments under the Social Security Act. Directs the Administrator and the Secretary of HHS to arrange to use Social Security Administration personnel and offices for administration and determination of claims filed for medical and relocation expenses under this Act. Authorizes the Administrator to delegate to the Secretary of HHS, or to any HHS employee, any function vested in the Administrator under provisions for medical and relocation expenses under this Act. Provides that the injury, illness, or death shall be presumed to have been caused by the exposure if the applicant provides information sufficient to enable the Administrator to find that: (1) the individual suffered any physical injury, illness, or death; (2) the individual was exposed in any manner to a hazardous substance from a facility or site at or from which such substance was treated, recycled, stored, disposed, or migrated, or during transportation to such site;(3) exposure in such manner to such hazardous substance has a reasonable likelihood of causing or significantly contributing to death or to a personal injury or illness of the type suffered by the individual. Provides that such presumption shall be overcome if the Administrator determines, on the basis of any available information, that it is reasonably certain that such exposure did not cause, or significantly contribute to, the individual's injury, illness, or death. Provides that any information which tends to establish that exposure to the hazardous substance in question causes or contributes to death or to personal injury or illness of the type or class allegedly suffered by an individual, shall be considered relevant to the issues of causation for purposes of determination of such claims for medical and relocation expenses under this Act. Includes among such relevant information: (1) an increase in the incident of injury, illness, or death in the exposed population above that which is otherwise probable; (2) epidemiological studies (without regard to the size of the sample); (3) animal studies; (4) tissue culture studies; (5) micro-organism culture studies; (6) laboratory and toxilogic studies; (7) immunological studies; (8) toxicology profiles prepared under this Act; and (9) health effects studies prepared under this Act. Directs the Administrator to require medical tests or examinations of the applicant to confirm the diagnosis or determination of physical injury or illness. Authorizes the Administrator to investigate and gather other appropriate information in making such claim determinations. Directs the Administrator, upon request by the claimant, to conduct a hearing with respect to any claim which has been denied, in whole or in part. Requires that the involved owner, operator, or transporter be given notice of any proceeding under provisions for claims for medical or relocation expenses, but declares that such persons have no right to participate in such proceedings. Provides for the award of legal costs for such hearings to claimants who prevail. Sets forth subrogation provisions. Provides for deposit in the Fund of any amount so recovered. Sets forth provisions for the judicial review of such claim determinations in U.S. district courts. Provides that a determination of the Administrator shall constitute a final administrative determination for the purpose of such judicial review. Sets forth provisions for additional recovery. Provides that individuals who have recovered any amount under such provisions for medical or relocation expenses shall not be prohibited from recovering an additional amount under this Act at a subsequent time if such individuals establish that an additional physical injury or illness: (1) was caused by such exposure; and (2) was not known to the individual at the time of the prior application. Title III: Funding - Part 1: Fee on Petroleum - Imposes a fee of four and one-half cents a barrel on: (1) crude oil received at a U.S. refinery (to be paid by the operator of the U.S. refinery); and (2) petroleum products entering the United States for consumption, use, or warehousing (to be paid by the person entering the product for such purposes). Imposes such fee (to be paid by the user or exporter) on any domestic crude oil if: (1) it is used in or exported from the United States; and (2) such fee was not imposed before such use or exemption. Provides that such fee shall not apply to any use of domestic crude oil for extracting oil or natural gas on the premises where such crude oil was produced. Sets forth definitions and special rules. Provides that only one fee may be imposed under this part with respect to any petroleum product. Makes such fee effective on October 1, 1985. Part 2: Fee on Certain Chemicals and Metals - Imposes a fee on any assessed chemicals sold (or used) by the manufacturer, producer, or importer thereof. Sets forth a table of assessed chemicals, with a specified fee per ton for each. Sets forth definitions, exceptions, and other special rules. Provides for a refund or credit for certain uses. Makes such fee effective on October 1,1985. Part 3: Waste End Fee - Imposes a fee on the disposal of hazardous substances. Provides that such fee shall apply only to a disposal which is: (1) required to be carried out in compliance with hazardous waste management provisions of the Act; and (2) not specifically exempt under this part. Exempts from such fee the disposal of any substance: (1) by incineration in accordance with the standards applicable to incineration facilities permitted under hazardous waste management provisions of the Act; or (2) by any person in the course of carrying out any removal or remedial actions under this Act. Sets the amount of such fee in the case of: (1) any hazardous substance for which there is in effect under this Act a reportable quantity of one pound or less, at $15 for each metric ton disposed of by underground injection and $30 for each metric ton not disposed of by such method; and (2) all hazardous substances for which there is in effect under this Act a reportable quantity of more than one pound, at $5 for each metric ton disposed of by underground injection and $10 for each metric ton not disposed of by such method. Provides that, in the cases of mixtures of hazardous substances with reportable quantities of one pound or less and those with reportable quantities more than one pound, the entire mixture shall be deemed to have a reportable quantity of one pound or less. Provides for imposing a fraction of the fee in the case of a fraction of a metric ton. Requires the owner or operator of the facility to pay such fee with respect to the disposal of any hazardous substance at a facility for which a permit is in effect under the hazardous waste management provisions of the Act. Requires the person disposing of the hazardous substance to pay such fee with respect to any other disposal of any hazardous substance. Requires, in the case of a fee imposed with respect to the long-term storage of any hazardous substance, that such fee be paid by the owner or operator of the site or facility at which the substance is located on the date one year after the date of generation of such substance. Sets forth provisions concerning the time of fee payment and regulations to carry out this part. Provides that the fee imposed under this part shall apply only with respect to the disposal of hazardous substances after January 1, 1987, and that no period of storage before such date shall be taken into account for purposes of imposition of such fee with respect to long-term storage of hazardous wastes. Provides that, after such date, the fee with respect to long-term storage of a hazardous waste shall: (1) cease to apply on the effective date of a removal of such waste from the list under hazardous waste management provisions of the Act; or (2) take effect after the effective date of a listing or identification of such waste under such provisions. Part 4: Administration and Enforcement; Suspension - Directs the Administrator to promulgate regulations for the collection of fees under this title, including reporting and information-gathering regulations. Authorizes the Administrator to use authorities relating to the inspection of records and access under hazardous waste management provisions of the Act for purposes of carrying out this title. Sets forth criminal and civil penalties for specified violations of this title. Requires the suspension of fees imposed under this title during any fiscal year which commences after September 30, 1991, if the Administrator determines (on or before the first day of such fiscal year) that the unobligated balance in the Fund exceeds $3,000,000,000. Provides that such suspension shall continue until the expiration of the fiscal year concerned. Title IV: Citizen Suits and Liability of Certain Persons - Amends the Solid Waste Disposal Act ("the Act") to revise provisions for citizen suits. Adds provisions for citizen suits against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment of the Constitution, and including any past or present generator, transporter, or owner or operator of a treatment, storage, recycling, or disposal facility who has contributed or is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment. Grants the district jurisdiction to immediately restrain any person contributing to such endangerment, to order such person to take other necessary action, and to apply any appropriate civil penalties relating to hazardous waste management violations. Provides that citizen suits for such purposes may not be commenced: (1) if the Administrator has commenced, and is diligently prosecuting, an action under imminent hazard provisions of the Act, or if the State has brought an action under specified provisions of the Act, to immediately restrain any person contributing to such endangerment; or (2) by any person (other than a State or local government) with respect to the siting of a hazardous waste treatment, storage, or disposal facility. Adds provisions to the Act relating to the liability of certain persons for specified damages. Makes the following persons liable for specified damages to individuals (or their dependents) caused by the exposure of such individuals to a hazardous substance: (1) in cases of exposure to such substance from a facility or site at which treatment, storage, recycling, or disposal took place, the owner or operator of such facility or site at the time of such treatment, storage, recycling, or disposal, and any subsequent owner or operator of such facility or site; (2) in cases of exposure to such substance during storage of such substance pending transport for storage or treatment, any person who arranged for treatment, storage, recycling, or disposal, or who arranged for transport for such purposes; and (3) in cases of exposure during the transportation to, or treatment, storage, or disposal at, a disposal or treatment facility or site, any person who accepts or accepted such substance for transport to a treatment, recycling, storage, or disposal facility selected by such person. Provides that such liability shall be: (1) strict liability, with specified exceptions; (2) joint and several; and (3) construed to be the standard of liability which obtains under specified provisions of CERCLA and of the Federal Water Pollution Control Act. Excuses from such liability any defendant who can establish by a preponderance of the evidence that the exposure to a hazardous substance or the damage resulting from such exposure was caused solely by: (1) an act of God; or (2) an act of war. Makes the following damages compensable under such liability provisions: (1) any medical expenses, rehabilitation costs, or burial expenses due to personal injury, illness, or death; (2) any loss of income or profits or any impairment or loss of earning capacity due to personal injury, illness, or death; (3) any pain and suffering which results from personal injury, illness, or death; and (4) any economic loss and any damages to property, including diminution in value. Sets forth procedural provisions relating to such liability. Provides that no evidence may be introduced in an action under such liability provisions of this Act with respect to the results of any proceeding brought by the plaintiff under specified medical and relocation expenses provisions of this Act. Sets forth provisions relating to a presumption of cause of damages. Sets forth provisions for jurisdiction of U.S. district courts over actions under such liability provisions. Authorizes the court to award appropriate legal fees. Provides that nothing in such liability provisions or in provisions for medical and relocation expenses under this Act shall be construed to preempt, or otherwise affect, any provision of State law regarding liability for damages in connection with any hazardous substance. Sets forth a statute of limitations relating to such liability provisions and to provisions for medical and relocation expenses under this Act. Sets such limitation at three years after: (1) the date the physical injury or illness was first known (or reasonably should have been known) by the applicant or plaintiff to exist, or the date of the individual's death; (2) the date the applicant or plaintiff knew (or reasonably should have known) that the physical injury, illness, or death or other expense was caused or contributed to by exposure to such hazardous substance; or (3) the date of enactment of this Act. Sets forth exceptions to such limitation in the case of minors or incompetents. Sets forth provisions for collateral recovery relating to such liability provisions and to provisions for medical and relocation expenses under this Act. Provides for recovery from other sources and for liens. Prohibits recovery under such liability provisions and under provisions for medical and relocation expenses under this Act of any amount for injury, illness, or death for which compensation is available under a State workers' compensation law. Sets forth criminal penalties for false statements in any application or proceeding under provisions for medical and relocation expenses under this Act. Title V: Law Enforcement Authority - Grants specified law enforcement authority to EPA officers or employees authorized by the Administrator to investigate, or supervise the investigation of, any activity for which a criminal penalty is provided under the Solid Waste Disposal Act ("the Act") or under this Act. Directs the Administrator to request the Attorney General to appear and represent the United States in any civil or criminal action instituted under this Act to which the Administrator is a party. Requires EPA attorneys to appear and represent the United States in a civil action, unless the Attorney General notifies the Administrator within a reasonable time that the Attorney General will appear and represent the United States in such action.
United States · United States Congress · 9 February 1984
National Individual Training Account Act of 1984 - Title I: Individual Training Accounts - Establishes the national individual training account program to be administered by the Secretary of Labor and the Secretary of the Treasury in cooperation with the States. Authorizes the Secretary of Labor to enter into agreements whereby States or State unemployment compensation agencies shall: (1) issue and redeem vouchers to pay training and relocation expenses; (2) accept contributions from employees and employers for deposit into individual training accounts and distribute any amount in any such account at such times as any distribution from such account is authorized; (3) provide individual counseling or job and training referral services to any participant in the program;and (4) cooperate with officers of the Federal Government or of any other State in carrying out this Act. Directs the Secretary of Labor, upon the request of a State, to provide information and to detail, on a reimbursable basis, personnel to assist such State in establishing a State individual training account program. Sets forth the duties of the Secretary of Labor and the Secretary of the Treasury in administering the program established by this Act. Sets forth provisions for distributions from individual training accounts. Sets forth provisions for eligible training programs and for certification of such programs by the Secretary of Labor. Sets forth provisions for qualified relocation expenses and for approval of such expenses by the Secretary of Labor. Provides that individual training and related accounts are to be established as separate book accounts in the Unemployment Trust Fund. Title II: Amendments to the Internal Revenue Code of 1954 Relating to Individual Training Accounts - Amends the Internal Revenue Code to revise provisions for approval of State unemployment compensation laws to require that a State have a State individual training account program which has been approved by the Secretary of Labor. Applies such requirement to certifications of such State laws for 1985 and subsequent years. Revises Federal unemployment tax provisions to add requirements relating to State individual training account programs. Revises provisions relating to itemized Federal income tax deductions for individuals and corporations to allow such deductions for employee or employer contributions to individual training accounts made after December 31, 1983. Prohibits any reduction (through an additional credit allowance) in Federal unemployment tax in the case of any large employer which refuses to participate in the national individual training account program. Defines "large employer" as one which during the calendar year employed an average of not less than 25 employees. Makes such denial of reduction applicable to calendar years beginning after December 31, 1985. Appropriates to the Secretary of Labor, for the expense of administering the Federal-State employment service, for each fiscal year ending after January 1, 1986, an amount determined by the Secretary of the Treasury to be equivalent to an unspecified portion of the amounts received in the general fund in the Treasury which are attributable to the operation of such denial of reduction in the unemployment tax rate of such large employers who refuse to participate in the national individual training account program.
United States · United States Congress · 9 February 1984
Authorizes the Law Enforcement Officers Memorial Fund, Incorporated to erect a National Law Enforcement Heroes Memorial on public grounds in the District of Columbia or its environs in honor and recognition of law enforcement officials in the United States who died in the line of duty. Directs the Secretary of the Interior, in consultation with the Fund, to select with the approval of the Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial other than expenses incurred in the process of site selection and approval of design and plans.
United States · United States Congress · 7 February 1984
Expresses the sense of the House of Representatives that the: (1) Republic of South Africa should release Nelson Mandela from prison and should revoke Winnie Mandela's banning order; (2) President should use his position to secure the release of Nelson and Winnie Mandela; and (3) Speaker of the House is requested to transmit a copy of this resolution to the President and to the Republic of South Africa.
United States · United States Congress · 6 February 1984
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) ("Superfund") to establish certain requirements with respect to hazardous substances released from Federal facilities. Authorizes the Administrator of the Environmental Protection Agency to enter into specified interagency agreements with any Federal agency. Directs the Administrator, in addition to undertaking response action, to take action under CERCLA against any Federal agency in the same manner and to the same extent as against a nongovernmental entity, unless such an interagency agreement is reached within specified time periods. Sets forth procedures for interagency agreements and emergency actions applicable to Federal agencies under CERCLA. Directs the Administrator to establish a special Federal Agency Hazardous Waste Compliance Docket. Directs the Administrator to report annually to Congress on: (1) progress in reaching interagency agreements; (2) cost estimates and budgetary proposals involved; (3) public comments regarding each proposed agreement; and (4) instances in which no agreement has been reached, including an explanation of why no agreement was reached. Authorizes citizen lawsuits under CERCLA against: (1) any person (including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any requirement which has become effective pursuant to CERCLA; or (2) the Administrator where there is an alleged failure to perform any non-discretionary act or duty under CERCLA. Sets forth requirements relating to such citizen lawsuits, which are to be brought in the appropriate U.S. district court. Directs the President, within 90 days after the enactment of this Act, to publish a schedule for including on the national priority list under CERCLA any federally owned or operated facilities which present a risk or danger to public health or welfare or the environment. Provides that such facilities shall be included on such list in the same manner and subject to the same criteria as facilities which are owned or operated by other persons.
United States · United States Congress · 30 January 1984
Federal Polygraph Limitation and Anti-Censorship Act of 1984 - Prohibits a Federal agency from: (1) requiring any present, past, or prospective employee to take a polygraph test; (2) requesting any employee to take a polygraph test voluntarily, unless the test is administered as part of an investigation into alleged criminal conduct or an unauthorized disclosure of classified information; or (3) imposing any sanction against any employee on the basis of the employee's refusal to take such a test or on the basis of the employee's performance on such a test. Prohibits an agency from imposing or enforcing any agreement or requirement providing for agency review of an employee's information before the employee may disclose the information to the public outside of his or her official capacity. Directs the head of each agency to rescind all such agreements and to notify affected employees. Authorizes any person aggrieved by a violation of this Act to institute an action for injunctive or monetary relief in the appropriate U.S. district court and to petition the court for appropriate temporary relief. Directs the court to award the costs of litigation and attorney's fees to the prevailing party in such action. Exempts the Central Intelligence Agency and the National Security Agency from the applicability of this Act.
United States · United States Congress · 26 January 1984
Amends the Export Administration Act of 1979 to require an export license for the export in bulk by tanker of fresh water removed from the navigable waters of the United States. Authorizes the Secretary of Commerce, in consultation with the Secretary of Transportation, to issue regulations providing for such export licenses. Provides for granting such licenses only if the affected States and local governments concur in the granting of the license and receive reimbursement for the exported water. Permits administrative and judicial review of such export license requirements.
United States · United States Congress · 24 January 1984
Calls upon the news media to voluntarily refrain from: (1) projecting presidential election results; or (2) predicting the outcome of such elections until all polling places have closed.
United States · United States Congress · 24 January 1984
Expresses the sense of the Congress that the President should initiate discussions with the Secretary-General of the United Nations and the President of the Security Council to effectuate the replacement of the Multinational Force in Lebanon with a U.N. peacekeeping force.
United States · United States Congress · 23 January 1984
Permits the Secretary of the Interior to acquire fee simple title to the McClintock House, Waterloo, New York, as part of the Women's Rights National Historical Park.
United States · United States Congress · 23 January 1984
Establishes in the House of Representatives the Congressional Child Care Center for the use of children of Members, officers, and employees of the House. States that the Committee on House Administration shall operate the Center. Directs the Chairman of such Committee to appoint a nonpartisan advisory board to make recommendations on management and operation of the Center, and to conduct semiannual reviews of such Center. Requires that operating expenses be recovered through child care fees. Establishes a revolving fund within the House contingent fund for the purpose of operating the Center.
United States · United States Congress · 18 November 1983
Amends the Higher Education Act of 1965 (HEA) to establish a talented teachers scholarship program and a national talented teachers fellowship program under title V (Teacher Corps and Teacher Training Programs) of HEA. Establishes the talented teachers scholarship program to make grants to States for postsecondary education scholarships to outstanding high school graduates to enable them to pursue teaching careers in public elementary or secondary education. Authorizes appropriations for FY 1985 and subsequent fiscal years for such purpose. Provides for allocation of such funds among the States on the basis of population. Authorizes the Secretary of Education to make such grants to States which submit applications which include specified procedures and agreements. Includes among required agreements assurances that efforts will be made to attract students who: (1) are from low-income backgrounds; or (2) express a willingness or desire to teach in schools having less than average results or serving large numbers of economically disadvantaged students. Provides that each talented teacher scholar shall receive a $5,000 scholarship for each academic year of postsecondary education for study in preparation to become an elementary or secondary education teacher. Limits such individual scholarship assistance to four years of postsecondary education, as determined by the State agency. Requires that such scholarship funds be taken into consideration in determining eligibility for other student assistance under HEA. Limits the amount of an individual scholarship to an amount which when added to other student assistance under HEA does not exceed the cost of attendance. Requires that talented teacher scholars be selected by: (1) a seven-member statewide panel appointed by the chief State elected official, acting in consultation with the State education agency (SEA), or (2) by an existing panel designated by the chief State elected official and approved by the Secretary. Requires that such selections be made from students who have graduated or are graduating from high school and rank in the top ten percent of their graduating class. Requires the SEA to make applications available to high schools and in other convenient locations. Requires the statewide panel to develop criteria and procedures for selection. Permits such criteria to include grade point average, extracurricular activities, financial need, interest in teaching as expressed in an essay, and letters of recommendation. Sets forth scholarship conditions, including full-time enrollment and satisfactory progress in a course of study leading to teacher certification. Sets forth scholarship repayment provisions for recipients found by the SEA to be in noncompliance with agreements. Sets forth exceptions to such repayment provisions. Sets forth provisions relating to: (1) Federal administration of State programs under specified circumstances; and (2) judicial review of the Secretary's actions toward State programs. Establishes the national talented teachers fellowship program. Authorizes appropriations for FY 1985 and subsequent fiscal years for such fellowships for outstanding teachers. Limits to two and one-half percent that portion of such funds which may be used for administration. Requires that such funds be used to award: (1) two national teacher fellowships to public school teachers teaching in each congressional district of each State, the District of Columbia, and the Commonwealth of Puerto Rico; and (2) one such fellowship in Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Limits fellowship awards to the average national salary of public school teachers. Prohibits receipt of an award by any individual for two consecutive years. Requires talented teacher fellows to return to a teaching position in their current school district for at least two years following the award. Permits such fellows to use such awards for such projects improving public education as the Secretary may approve, including: (1) sabbaticals for study, research, travel, or academic improvement; (2) curriculum development; (3) consultation with or assistance to other school districts; (4) development of special innovative programs; (5) community relations; or (6) model teacher programs and staff development. Establishes a National Selection Board for Talented Teaching Fellows. Sets forth provisions for membership and procedures. Requires fellowship applicants to submit proposals for projects, and indicate the extent to which they wish to continue current teaching duties, to the local education agency (LEA) for comment prior to submission to the Committee. Directs the Committee, in evaluating proposals, to: (1) consult with the LEA; (2) request recommendations from two teaching peers, the principal, and the superintendent; and (3) consider other appropriate criteria. Directs the Secretary to prescribe regulations for such selections. Requires that announcement of such awards be: (1) made in a public ceremony; and (2) done in consultation with the Member of Congress and Senators representing the school district in which the fellows teach. Requires repayment of the fellowship award to the Federal Government in the case of fraud or gross noncompliance. Authorizes the Secretary to appoint, for up to three-year terms, up to five technical employees to administer title V (Teacher Corps and Teacher Training) of HEA who may be appointed and paid without regard to specified provisions of Federal law governing appointments to the competitive service and relating to classification and pay rates.
United States · United States Congress · 18 November 1983
National Observance Advisory Act - Establishes a commission known as the President's Advisory Commission on National Observances to establish criteria for recommending to the President that a proposed national observance be approved or disapproved.
United States · United States Congress · 18 November 1983
Expresses the sense of the Congress that the United States should: (1) enter into negotiations with Nicaragua to consider that country's October 1983 treaty proposals; (2) encourage Honduras to enter into negotiations with Nicaragua to consider Nicaragua's treaty proposal to Honduras; and (3) encourage other Central American countries to enter into negotiations with Nicaragua to consider Nicaragua's treaty proposal to them.
United States · United States Congress · 17 November 1983
Directs the President to investigate and report to the Congress within 18 months concerning the living conditions and available assistance for El Salvadorans displaced inside and outside their country. Requires such investigation to report on the fate of El Salvadoran deportees. Requires the House and Senate Judiciary Committees to hold hearings within two years to consider appropriate U.S. steps to assure the personal safety and equitable distribution of assistance to such displaced El Salvadorans. Provides for a three-year moratorium on specified categories of El Salvadoran deportations.
United States · United States Congress · 17 November 1983
Commission on the Ukraine Famine Act - Establishes a Commission to be known as the Commission on the Ukraine Famine which shall study the 1932-1933 Ukraine famine in order to: (1) expand the world's knowledge of the famine; and (2) provide the American public with a better understanding of the Soviet system. Authorizes appropriations.
United States · United States Congress · 17 November 1983
Human Needs and World Security Act - Requires that for FY 1985: (1) not less than $102,000,000 shall be provided to the United Nations Children's Fund with the Fund's excess FY 1984 funds to be devoted to the provision of low-cost preventive health measures associated with the "child health revolution" developed by United Nations agencies; (2) not less than $90,000,000 shall be provided for the International Fund for Agricultural Development; and (3) not less than $175,000,000 shall be provided for health care activities with excess FY 1984 funds to be devoted to preventive health care activities directly benefitting the poor majority. Authorizes appropriations for FY 1985 for the Peace Corps. Requires that $700,000,000 shall be available to carry out famine relief under the Agriculture Trade Development and Assistance Act of 1954 for FY 1985. Authorizes appropriations for FY 1985 for the Inter-American Development Bank for assistance under the Bank's program for financing small projects. Limits for FY 1985 the aggregate amount of foreign military sales credits, foreign military sales guarantees, military assistance, and international military education and training. Limits the amount of assistance provided during FY 1985 through the Economic Support Fund.
United States · United States Congress · 17 November 1983
Expresses the sense of the Congress that the American Broadcasting Company, the Department of State, and the U.S. Information Agency should work to have the television movie "The Day After" aired to the Soviet public.
United States · United States Congress · 16 November 1983
Amends the Department of Education Organization Act ("the Act") to establish within the Office of Elementary and Secondary Education: (1) an Office of Migrant Education to administer specified migrant education programs under the Elementary and Secondary Education Act of 1965 and the Higher Education Act of 1965; and (2) an Office of Equity Training and Technical Assistance to administer specified equity training and technical assistance programs under the Civil Rights Act of 1964. Requires that such offices be under the direct supervision of the Assistant Secretary for Elementary and Secondary Education. Establishes within the Office of Educational Research and Improvement an Office of Women's Educational Equity to administer specified women's educational equity programs under the Elementary and Secondary Education Act of 1965. Requires that such office be under the direct supervision of the Assistant Secretary for Educational Research and Improvement. Provides that the offices established under this Act shall be considered organizational entities established by the Act and shall not be subject to the reorganizational authority of the Secretary of Education under specified provisions of the Act or any other provision of law.
United States · United States Congress · 16 November 1983
National Acid Deposition Control Act of 1983 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control. Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980. Directs the Administrator of the Environmental Protection Agency to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions and notify the owner or operator of each of the 50 plants listed; and (3) within four months after such enactment, after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Permits the owner or operator of any plant on the final list and the owner or operator of any other plant located in the same State to apply, within 18 months after enactment of this Act to substitute one or more fossil fuel fired steam generating units of such other plant for a unit of the plant on the list. Authorizes the Administrator to approve such a substitution under specified conditions. Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules. Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fired electric utility generating plant concerned (other than a unit for which a substitute has been approved); and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Sets forth similar emissions reduction requirements and procedures for substitute units. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases. Sets forth requirements for State plans for additional emission reductions of sulfur dioxide. Directs the Administrator, within 18 months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 12,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980 (or below that of any subsequent year designated by the Administrator as the baseline year in the case of: (1) any fossil fuel fired steam generating unit which is not part of an electric utility generating plant; or (2) any stationary source of industrial process emissions). Directs the Administrator, in computing State shares, to use the best available data and, to the extent that better data is not available, to use the inventory of emissions developed under a specified memorandum of intent on transboundary air pollution signed by Canada and the United States. Makes each State share the sum of the number of tons computed, under specified formulas, for: (1) fossil fuel fired electric utility plants in the State (except those required to comply with federally mandated emission reductions under this Act); (2) other fossil fuel fired steam generating units in the State; and (3) industrial process emitters of sulfur dioxide in the State. Directs the Administrator, on the basis of specified data and within one year after enactment of this Act, to establish a national average best available control technolgoy (BACT) emission limit for sulfur dioxide for emissions units within each category of process emitters of sulfur dioxide. Permits, under regulations promulgated by the Administrator, the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment. Sets deadlines and procedures for submission and approval of State plans for such State shares. Sets emissions limitations applicable in the absence of an approved State plan. Requires State plans for State shares to provide for emission limitations applicable to any stationary sources (other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions) in the State for which: (1) the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the baseline year; and (2) no new source standard of performance is applicable. Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share. Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to make available a portion of specified funds to each State: (1) which has in effect a State plan approved under this Act; and (2) which each plant subject to the direct federally mandated emission reduction has achieved such reduction. Sets forth a formula for determining each State's portion of such funds. Requires that such funds be used by the State, in such manner as it deems appropriate, to: (1) provide for the required State share of emissions reductions; (2) reduce, or provide refunds of, the fee on electric energy imposed under this Act; or (3) fund any other State program which it deems appropriate to carry out the purposes of this Act. Limits to five percent of the amount of the State portion the amount which may be used for administration of the State plan under this Act. Establishes a trust fund in the Treasury of the United States to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act. Directs the Administrator to make expenditures from the Fund in accordance with the following priorities: (1) the Administrator shall make payments to utilities for specified utility rate reductions; (2) not more than $10,000,000 may be made available for the limestone injection multistaged burner (LIMB) technology demonstration project; (3) not more than $10,000,000 may be made available in any fiscal year for accelerated research on other cleaner burning industrial processes; (4) not more than $25,000,000 per fiscal year for each of FY 1984 through 1988 may be made available for the mitigation program under title III; (5) the Administrator shall next make expenditures for payment of capital costs of control for plants subject to the direct federally mandated emissions reductions, allocating available amounts first to the facilities which first applied for such payment; and (6) if all expenditures for such capital costs which currently can be made have been made, the Administrator shall provide funding to States to assist compliance with State plans. Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary. Imposes, under regulations promulgated by the Administrator, a fee for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States. Makes such fee effective with respect to electric energy generated, or imported after December 31, 1984. Makes the fee cease to apply on December 31, 1995. Requires that the fee be applied during each calendar quarter at a rate per kilowatt hour which is equal to 1.5 mill multiplied by the inflation adjustment for the calendar quarter in which the electric energy is generated or imported. Sets forth a formula for determining such inflation adjustment. Exempts from such fee any electric energy (including imported electric energy) which is generated by nuclear or hydroelectric power. Requires each electric utility to determine the fraction of energy sold which is exempt from the fee to state the amount subject to such fee on each billing document. Directs the Administrator to make payments from the Fund to each electric utility which has sold electric energy to any individual customer who certifies that, at the time of such certification, he or she is: (1) receiving aid to families with dependent children under the Social Security Act; (2) receiving supplemental security income benefits under the Social Security Act; (3) receiving low-income home energy assistance under the Low-Income Energy Assistance Act of 1981; (4) a member of a household receiving food stamps under the Food Stamp Act of 1977; or (5) receiving payments under specified Federal law relating to veterans or under specified provisions of the Veterans and Survivors Pensions Improvement Act of 1978. Requires that such certification be made within 180 days after the date of the sale of the electric energy with respect to which such payment is made. Prohibits any such payment unless the Administrator determines that: (1) under applicable rate schedules, the full amount of such payment will be used to reduce the electric rates of the certified customer; and (2) the utility has established adequate procedures to assure that each customer will be informed, in the utility's periodic billings, of such payment and such rate reduction. Sets forth a formula for determining the amount of such payment. Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth: (1) the time and manner required for payment of such fee; (2) related reporting requirements; and (3) requirements applicable to the exemption and rate reduction. Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for: (1) electric utilities (or importers of electric energy) which knowingly commit such violations; and (2) persons who knowingly file any false certificate or document to obtain an exemption from the fee. Directs the Administrator to carry out a full-scale demonstration project to demonstrate the feasibility of the limestone injected multistaged burner (LIMB) technology. Limits the amount authorized to be appropriated from the Fund for such project to $10,000,000. Directs the Administrator to make such grants, contracts, and other arrangements to accelerate the research necessary to develop advanced industrial processes, including atmospheric fluidized bed construction and magnetohydrodynamics (MHD), other than the LIMB technology which may result in lower levels of sulfur dioxide and nitrogen oxides. Limits to $10,000,000 in each of fiscal year 1985 through 1989 the amount which is authorized to be appropriated for the Fund for such research. Makes conforming amendments. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bituminous or subbituminous coal and which commence construction from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal. Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour. Title III: Acid Deposition Damage Mitigation Program - Allows any State to prepare and submit for the approval of the Administrator and for comment by the Director of the U.S. Fish and Wildlife Service: (1) a survey of water quality deterioration in such State which has resulted from acid deposition; (2) a proposal for research mitigating the effects of acid deposition on terrestial and aquatic ecosystems; and (3) proposed methods and procedures to restore the quality of water in such State which has deteriorated as a result of acid deposition. Directs the Administrator, after consultation with the Director, to provide from the Fund financial assistance to States to carry out measures and procedures for restoration which have been approved by the Administrator. Limits the amount granted under this title to any State for any fiscal year to 80 percent of the funds expended by such State in such year for carrying out such methods and procedures. Directs the Administrator to provide for equitable distribution of sums appropriated under this title among States with approved methods and procedures. Requires that such distribution be based on the relative need of such State for the restoration of water quality which has deteriorated as a result of acid deposition. Provides that the amount of any grant to a State under this title shall be in addition to, and not in lieu of, any other Federal financial assistance.
United States · United States Congress · 16 November 1983
Congressional Campaign Finance Reform Act of 1983 - Amends the Internal Revenue Code to allow a nonrefundable income tax credit for contributions to candidates for the office of U.S. Representative. Limits the amount of such credit to $100 for any one qualified candidate, and $200 for all qualified candidates. Requires that such contributions be verified in accordance with regulations promulgated by the Secretary of the Treasury. Prohibits a candidate from misrepresenting his eligibility for office or the eligibility of a potential contributor for the tax credit. Requires the Secretary to report to the Congress on the use of such political tax credits not later than June 30 following each Federal election. Adds a new title to the Federal Election Campaign Act of 1971: "Title V: Financing of General Election Campaigns for the House of Representatives." Sets forth requirements for the qualification of candidates for the U.S. House of Representatives to receive contributions eligible for the tax credit provided by this Act. Requires a candidate to certify to the Federal Election Commission that neither he nor his authorized committee will accept any contribution or make any campaign expenditure in excess of prescribed limits. Requires further that the candidate maintain a separate accounting of contributions which qualify for the income tax credit for political contributions provided by this Act and that the candidate provide any appropriate information to the Commission for purposes of auditing or examining campaign contributions. Requires the candidate to certify the receipt of a certain amount of threshold contributions. Limits to $20,000 the amount of personal funds (from the candidate or his immediate family) that a candidate may spend in an election. Waives spending limits for eligible candidates whose opponents have exceeded applicable expenditure limits or who have otherwise failed to meet the requirements of this Act. Requires independent expenditures in excess of $5,000 to be reported to the Commission and each candidate within specified time frames. Qualifies a candidate against whom more than $5,000 in independent expenditures have been made for premium postal rates. Requires the Commission to verify upon request the eligibility of a candidate under this Act to the Secretary. Requires the Commission to conduct an examination and audit of the campaign accounts of ten percent of the qualified candidates under this Act to determine compliance with the expenditure limitations and other requirements of this Act. Empowers the Commission to bring a civil suit in U.S. district court to enforce any requirement of this Act or recover any amounts resulting from an audit of campaign expenditures. Permits private citizens to file complaints with the Commission and initiate court actions. Authorizes appropriations. Includes within the definition of "contribution" for purposes of the Federal Election Campaign Act of 1971 certain extensions of credit for advertising and broadcasting in excess of $1,000 for a period of more than 60 days. Limits to $90,000 (adjusted for inflation) in any calendar year the amount of contributions which candidates for U.S. Representative may accept from non-party multicandidate political committees. Specifies exceptions for candidates in general and special elections. Limits to $240,000 the expenditure amounts for such candidates. Permits candidates for the office of U.S. Representative to make expenditures independently of the campaign committee of his party in specified circumstances. Amends the Communications Act of 1934 to provide candidates for the office of U.S. Representative with equal time in broadcast media to respond to the remarks of an opposing candidate.
United States · United States Congress · 16 November 1983
States that the Congress: (1) holds Iran responsible for upholding the rights of the Baha'is; (2) condemns Iran's decision to destroy the Baha'i faith; and (3) calls upon the President to work with appropriate foreign governments to form an appeal to Iran concerning the Baha'is, to cooperate with the United Nations in its efforts on behalf of the Baha'is, and to provide humanitarian assistance for Baha'is who flee Iran.
United States · United States Congress · 10 November 1983
Industrial Competitiveness Act - Title I: Council on Industrial Competitiveness - Establishes in the executive branch an independent agency to be known as the Council on Industrial Competitiveness. Sets forth the duties of the Council including the duty to: (1) collect and analyze information concerning current and future economic trends and market opportunities; (2) create forums where national leaders will identify national economic problems; (3) provide policy recommendations regarding specific issues concerning industrial strategies; and (4) evaluate existing government policies and business practices in terms of their competitive impact. Sets forth the membership and powers of the Council. Requires the Council to report to Congress and the President, within one year of enactment of this title, recommendations for changes in Federal policy necessary to implement effective industrial strategies. Requires the Council to report annually to the President, Congress, and the Bank for Industrial Competitiveness on the major industrial development priorities of the United States and the policies needed to meet such priorities. Authorizes appropriations. Title II: Bank for Industrial Competitiveness - Subtitle A: Bank for Industrial Competitiveness - Establishes the Bank for Industrial Competititveness which shall be an agency of the United States. Sets forth the powers of the Bank and the qualifications for members of the board of directors. Authorizes the Bank to provide financial assistance to: (1) businesses in mature or linkage industries which require revitalization and modernization in order to be competitive in a world market; and (2) businesses in emerging industries which require financial assistance to develop and market new products or technologies. Limits the amount of aid for each project to 30 percent of the funding necessary to carry out the project. Sets forth the requirements for applications for such assistance. Sets forth the terms and conditions for financial assistance from the Bank. Terminates the authority of the Bank to make loans, issue loan guarantees, and purchase capital stock of applicants ten years after the effective date of this title. Sets forth the amount of capital stock the Bank shall have. Authorizes the Bank to issue obligations to provide sufficient funds to carry out the Bank's purposes and to renew, refund or pay other obligations. Limits the amount of the Bank's outstanding obligations to five times the paid-in capital of the Bank. Prohibits any of the loans made, guaranteed, or committed to be guaranteed under this title from being eligible for purchase by, or commitment to purchase by, or sale or issuance to, any Federal agency or government-owned entity. Exempts obligations of the Bank from taxation. Authorizes the Bank to enter into appropriate agreements respecting obligations of the Bank. Sets forth provisions dealing with moneys of the Bank. Exempts from taxation all property of the Bank except for the Bank's real property. Authorizes the Bank to inspect all documents of an applicant relating to the applicant's financial affairs and to all facilities and properties of the applicant. Requires the Bank to submit an annual report to the President and Congress. Terminates the Bank 30 years after the effective date of this title. Subtitle B: Secondary Markets for Industrial Mortgages - Authorizes the Bank to purchase and to make commitments to purchase industrial mortgages from any qualified financial institution. Authorizes the Bank to set priorities regarding the types of industrial mortgages to be purchased. Sets forth conditions which such mortgages must meet. Prohibits an industrial mortgage from being purchased unless specified conditions are met. Authorizes the Bank to set aside mortgages held by it and to issue and sell securities based upon the set aside mortgages. Subtitle C: Investment in Public Industrial Development Banks - Authorizes the Bank to invest in the stock of public industrial development finance institutions established at the State, local, or regional levels. Requires that the Bank be given, in return for its investment, one or more seats on the Board of Directors of the public development bank in which it invests. Prohibits the Bank from contracting with institutions that offer no reasonable prospect of return. Sets forth conditions for participation by the Bank in public industrial development banks. Subtitle D: General Provisions - Authorizes appropriations beginning in FY 1985.
United States · United States Congress · 3 November 1983
States that the Congress: (1) expresses its condolences to the families of the Koreans who were killed in Burma; (2) reaffirms the friendship between the people of the United States and Korea; and (3) condemns such killings and calls upon the international community to combat terrorism and punish the perpetrators of such acts.
United States · United States Congress · 1 November 1983
Designates November 12, 1983, as Anti-Defamation League Day in honor of the 70th anniversary of the founding of the Anti-Defamation League of the B'nai B'rith.
United States · United States Congress · 20 October 1983
Motor Vehicle Passenger Safety Act - Amends the National Traffic and Motor Vehicle Safety Act of 1966 to add provisions on the promotion and use of safety belt systems. Directs the Secretary of Transportation to make grants to States for the development and implementation of: (1) State-educational programs promoting the use and associated benefits of safety belt systems; and (2) State laws and regulations requiring the use of safety belt systems for passenger motor vehicles. Sets forth the allocation formula and terms and conditions for such grants. Directs the Secretary to develop and implement a program to utilize public and private resources as a free public service in promoting the use and benefits of safety belt systems. Requires chief executive officers of Federal agencies to promote the use of such systems within their agencies and report annually to the Secretary on such activities. Requires the Secretary to report to Congress by December 31, of each year on the grant program for the previous fiscal year. Authorizes appropriations for FY 1985 through FY 1996 for such program. Directs the President to promulgate regulations requiring: (1) Federal motor vehicles to be equipped with safety belt systems; (2) passengers in such vehicles to use the systems; and (3) the use of such systems while operating in Federal areas. Provides a civil penalty for violation of such regulations. Requires the President to report annually to Congress on the enforcement of such regulations. Prohibits any person from rendering inoperable any safety belt system installed in a motor vehicle in compliance with Federal standards, unless such vehicle will not be used during such time of inoperation.
United States · United States Congress · 19 October 1983
Expresses the sense of the Congress that the President should appoint a special envoy to investigate and report on how the United States could assist Ireland, Great Britain, and communities in Northern Ireland in arriving at a peaceful resolution of the conflict in Northern Ireland.
United States · United States Congress · 6 October 1983
States that Congress: (1) deplores the assassination of Benigno Aquino; and (2) expresses its condolences to his family and to all Filipinos. Expresses the sense of the Congress that steps should be taken to achieve an independent investigation of the Aquino assassination and to bring to justice those responsible for his death. States that it should be U.S. policy to: (1) support fair elections to the National Assembly in May 1984; and (2) urge the Philippine Government to take steps to secure the full participation of the opposition parties in those elections, including the reconstitution of an impartial electoral commission and the restoration of freedom of the press. Urges the United States in conducting its relations with the Philippine government to take into account the investigation and the fairness of the 1984 National Assembly elections.
United States · United States Congress · 5 October 1983
Synthetic Fuels Corporation Fiscal Accountability Act of 1983 - Amends the Energy Security Act to prohibit the U.S. Synthetic Fuels Corporation from making new awards of financial assistance after the date of the enactment of this Act and before the date on which the Corporation's comprehensive strategy for achieving the national synthetic fuel production goal is approved by Congress. Makes limitations on Corporation construction projects effective upon the enactment of this Act rather than upon approval of the comprehensive strategy as provided under current law.
United States · United States Congress · 5 October 1983
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to include coverage for the services of a mental health specialist. Defines mental health specialist to mean : (1) a clinical psychologist; (2) a clinical social worker; (3) a psychiatric nurse specialist; (4) a psychiatrist; or (5) a clinical mental health counselor.
United States · United States Congress · 3 October 1983
States that Congress: (1) deplores the assassination of Benigno Aquino; and (2) expresses its condolences to his family and to all Filipinos. Expresses the sense of the Congress that: (1) steps should be taken to achieve an independent investigation of the Aquino assassination and to bring to justice those responsible for his death; and (2) the President should not visit the Philippines until there has been an accounting of the assassination and until the President's security can be guaranteed. States that it should be U.S. policy to: (1) support fair elections to the National Assembly in May 1984; and (2) urge the Philippine Government to take steps to secure the full participation of the opposition parties in those elections, including the reconstitution of an impartial electoral commission and the restoration of freedom of the press. Urges the United States in conducting its relations with the Philippine Government to take into account the investigation and the fairness of the 1984 National Assembly elections.
United States · United States Congress · 27 September 1983
Amends title XVI (Supplemental Security Income) of the Social Security Act to: (1) double the maximum amount of the personal expense allowance provided for eligible individuals and eligible spouses who are in medical institutions; and (2) provide that subsequent annual increases in such amounts include cost of living adjustments.
![Official portrait of Rep. McHugh, Matthew F. [D-NY-28]](https://www.congress.gov/img/member/m000473_200.jpg)