United States · United States Congress · 10 April 1984
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to provide that when the surviving spouse of a deceased individual receives a benefit payment which was issued to such individual but which was more than the correct amount to which such individual was entitled under title II or title XVI, the amount in excess of the correct amount shall be considered an overpayment to such surviving spouse.
United States · United States Congress · 5 April 1984
Authorizes the President to: (1) enter into a trade agreement with Israel providing for the continuance of existing duty-free treatment of and the elimination of existing duties and other import restrictions on products of Israel; and (2) proclaim such continuances and modifications of tariff treatment of and import restrictions on such articles as necessary to carry out the trade agreement.
United States · United States Congress · 5 April 1984
Creates the Oil Trading Corporation (the Corporation) to: (1) acquire crude oil and petroleum products; (2) acquire storage facilities; (3) use, lease, or dispose of the storage facilities; (4) maintain reserves of crude oil and petroleum products; (5) transport crude oil and petroleum products; and (6) sell crude oil and petroleum products to maximize the stabilization of market forces during times of oil shortages. States that the Corporation shall have perpetual existence unless and until its charter is revoked or modified by Congress. Sets forth provisions relating to: (1) general corporate powers; (2) the Board of Directors; and (3) capitalization. Provides that: (1) the President shall appoint, by and with the advice and consent of the Senate, five members of the Board of Directors, four of whom must be selected from lists submitted by the House and Senate to the President; and (2) four members of the Board shall be elected by the Class B stockholders. States that the capital of the Corporation shall consist of capital subscribed by organizations, foundations, trusts, public bodies, and other public and private bodies, and the United States. Authorizes appropriations for FY 1985 to purchase class A stock. Authorizes the Corporation to issue class B stock to any U.S. person. Limits sales of crude oil and petroleum products to holders of class B stock. Directs the Corporation to determine the number of shares of class B stock required to be held by a purchaser of crude oil and petroleum products. Requires the Corporation to: (1) hold an annual stockholders meeting which shall be open to the public; and (2) give a report of its activities for the year at such meeting. Authorizes the Corporation to obtain funds through the public or private sale of its bonds, debentures, notes, and other evidences of indebtedness. States that such obligations shall not be guaranteed by the United States. Requires an annual report to Congress by the Corporation. Provides that January 1, 1995, shall be the final Government equity redemption date. Prohibits the Corporation from exploring for, developing, or refining crude oil.
United States · United States Congress · 4 April 1984
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to Congress concerning the actions it has taken. Sets forth standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Makes an exception to such standards in any case in which a check is drawn on a depository institution or an office of a depository institution located outside of the United States. Requires a depository institution, before an account is opened, to provide a written disclosure to the potential customer of the institution's general policy with respect to when a customer may withdraw funds deposited by check into the customer's account. Specifies types of notice. Permits the Board to publish model disclosure forms and clauses and to promulgate regulations to carry out the provisions of this Act. Sets forth provisions concerning the administrative enforcement of the requirements imposed by this Act. Makes any depository institution which fails to comply with any requirement imposed under this Act with respect to any person liable to such person for damages. Permits actions for damages to be brought in any U.S. district court or other court of competent jurisdiction.
United States · United States Congress · 3 April 1984
SSI Equitable Improvements and Reform Amendments of 1984 - Title I: Treatment of Income - Amends title XVI (Supplemental Security Income) of the Social Security Act to exclude from income unearned income received in the form of real or personal property: (1) if it meets the existing criteria for exclusion from resources; (2) which is of a type not normally converted into cash or otherwise used for the production of income, which is not so converted or used, and which cannot be used for food or clothing; or (3) which is received as a gift or heirloom possessing emotional or sentimental value and which is not converted into cash or otherwise used for the production of income. Makes permanent SSI and AFDC (Aid to Families with Dependent Children, part A of title IV of the Social Security Act) provisions which exempt in-kind home energy assistance provided by a private nonprofit organization. Provides for the exclusion of certain interest and dividend income. Provides that any temporary one-time income which is received by an individual in the individual's initial month of SSI eligibility shall be taken into account only for that month. Excludes from income amounts received by holocaust survivors as reparations from foreign countries. Title II: Treatment of Resources - Provides that to the extent that an overpayment results because a recipient's resources exceed the applicable limit, such overpayment shall be determined to be the lesser of: (1) the amount of benefits received or for which the recipient would have been eligible but for such resources; or (2) the amount by which the value of the resources exceeded the applicable resource limit. Modifies penalties where assets are transferred at less than fair market value. Provides that if assets are so transferred, the period of ineligibility shall bear a reasonable relationship to the uncompensated value of such resource. Permits a waiver of the penalty if: (1) the individual is in a hospital, nursing home, or other medical institution and cannot reasonably be expected to be discharged; (2) title was transferred to the individual's spouse or to the individual's child who is under age 21 or is blind or disabled; (3) the individual intended to dispose of the resource either at fair market value or for other valuable consideration; or (4) the inclusion of the resource in the individual's resources would work an undue hardship. Provides that in any event, if a State waives a similar penalty under Medicaid (title XIX of the Social Security Act) for such individual, the SSI penalty shall also be waived. Excludes from resources, for 12 months from the date of receipt, SSI or OASDI (Old Age, Survivors and Disability Insurance, title II of the Social Security Act) underpayment amounts received in the form of a retroactive check. Increases the SSI resources limit for single individuals from $1,500 to $2,000, and for married couples from $2,250 to $3,000. Excludes from the SSI resources limit an automobile, household goods, and personal effects. (Current law also exempts such items, but only to the extent determined reasonable by the Secretary of Health and Human Services.) Title III: Determination of Benefit Amounts - Revises SSI provisions providing for a one-third reduction in benefits for an SSI recipient who lives in another person's household and who receives support and maintenance in kind from such person. Provides that an individual shall not be considered to be "living in another person's household and receiving support and maintenance in kind from such person" if such individual lives in a household with another person and such individual's pro rata share of the expenses of maintaining such household does not exceed the benefit payable to an individual with no other income who is living in another person's household and receiving support and maintenance from such person. Provides for the continuation of regular SSI benefits until the end of the second consecutive month of institutionalization if an eligible individual is institutionalized. Increases the benefits standard payable annually to: (1) an institutionalized individual from $300 to $420; and (2) an institutionalized couple from $600 to $840. Title IV: Provisions Relating to Eligibility - Provides that a disabled child who is living outside the United States with his or her parents shall maintain SSI eligibility so long as the parents retain legal residence in the United States. Provides for the payment of benefits due a deceased SSI recipient to certain individuals who contributed to the support of the deceased. (Current law provides for the payment of benefits following a beneficiary's death only to the surviving spouse.) Provides for an exemption from the requirement that an SSI applicant or recipient must file for OASDI or other pension benefits if receipt of such benefits would cause the applicant or recipient to be ineligible for SSI or Medicaid. Reduces from six months to one month the length of time that an SSI individual and spouse must live separately before they will be treated as separate individuals for SSI purposes. Title V: Overpayments, Underpayments, and Benefit Reductions - Provides that, in situations where there has not been fraud in connection with an SSI overpayment, overpayments shall be recovered through adjustments in future benefits which do not reduce any benefit payment by more than the greater of ten percent or ten dollars. Expands the SSI interim assistance program to include payment of retroactive SSI funds to a State for assistance provided during any period following the termination of an individual's SSI benefits, if and to the extent that: (1) the individual is subsequently found on reconsideration of the termination to have been eligible for such benefits; and (2) a retroactive payment of benefits for months in that period is due the individual. Repeals the penalty imposed against an SSI recipient because the group living facility in which the recipient lives fails to meet applicable standards. Increases from $100 to an amount equal to monthly SSI benefits for three months the emergency cash advances available to a presumptively eligible individual. Provides that: (1) if at any time both an overpayment and an underpayment exist in the case of an individual without a final adjustment or recovery having yet been made with respect to either of them, no such adjustment shall be made with respect to the underpayment until the individual has had a reasonable opportunity to seek a waiver of the overpayment; and (2) the existence of the underpayment shall not preclude the granting of such a waiver of the overpayment or otherwise affect the disposition thereof. Prohibits the Secretary from taking any action to recover an SSI overpayment until the Secretary has sent the SSI recipient who has been overpaid a notice containing, in clear and understandable language, certain information, including a statement of the individual's right to seek a waiver of the overpayment and to seek a reconsideration of the determination that an overpayment exists. Title VI: Extension of SSI Program - Includes the Virgin Islands and Guam within the SSI program. Directs the Secretary to conduct a study of the feasibility of extending the SSI program to Puerto Rico and to report the results to Congress. Title VII: Other Amendments - Directs the Secretary to conduct a statistically reliable survey of current and potential recipients of SSI benefits, with the objective of determining the extent to which the program is being used by individuals who are or may be eligible for SSI benefits and the extent to which current data (on the number of such individuals and their reasons for filing or not filing SSI applications) are accurate, and to report the results of such survey to Congress together with any recommendations. Directs the Secretary to establish and conduct an ongoing program designed to provide information about SSI benefits (and State supplementary benefits) to individuals who are not currently receiving such benefits. Directs the Secretary to assist applicants and recipients in executing and filing applications for SSI benefits and in furnishing any other information which may be required, with particular attention to cases where such applicants and recipients because of their physical or mental condition are incapable without undue difficulty of executing or filing such applications or furnishing such information. Directs the Secretary to take certain steps to assure that all information and forms for SSI applicants and recipients are clear and readily understandable. Sets forth the effective date.
United States · United States Congress · 3 April 1984
Designates the Brigantine National Wildlife Refuge and the Barnegat National Wildlife Refuge in New Jersey collectively as the Edwin B. Forsythe National Wildlife Refuge.
United States · United States Congress · 30 March 1984
Age Discrimination in Employment Act Public Safety Officers Amendments of 1984 - Amends the Age Discrimination in Employment Act of 1967 to exclude State and local law enforcement officers and firefighters from coverage under the Act.
United States · United States Congress · 15 March 1984
Human Services Amendments of 1984 - Title I: Project Head Start - Amends the Head Start Act to direct the Secretary of Health and Human Services ("the Secretary," for purposes of this title) to administer Project Head Start through the Administration for Children, Youth, and Families within the Department of Health and Human Services. Makes technical amendments to such Act. Authorizes appropriations for the Head Start program for FY 1985 through 1989. Requires the Secretary to reserve for training and technical assistance for each fiscal year funds which are not less than the amount spent for such activities under such Act in FY 1982. Prohibits funds reserved for discretionary payments by the Secretary under such Act from being combined with funds appropriated under any other Act if the purposes of combining funds is to make a single discretionary grant or a single discretionary payment. Requires the Secretary to designate as Head Start agencies any local public or private nonprofit agency in a community if such agency: (1) was receiving funds under any Head Start program on August 31, 1981; and (2) meets program and fiscal requirements established by the Secretary. (Under current law, the Secretary is required to give priority in the designation of Head Start agencies to such local agencies.) Authorizes the Secretary to designate a Head Start agency from among qualified applicants in a community if there is no Head Start agency or program serving such community. Requires that any such designation be governed by the program and fiscal requirements, criteria, and standards applicable on September 1, 1983, to then existing Head Start agencies. Requires that specified provisions relating to designation of Head Start agencies be carried out in FY 1985 through 1989 in accordance with the rules issued under such provisions by the Secretary as in effect on September 1, 1983. Permits each Head Start program operated in a community to provide services to any eligible child for any period from age three to the age of compulsory school attendance in the State where the program operates. Requires the Secretary to provide technical assistance and training in connection with Head Start programs. (Under current law, the Secretary is authorized to provide such assistance and training.) Requires that such training activities include: (1) a national child development associate training and assessment program providing the necessary credentials for such personnel; and (2) training, including resource access projects, which improves the ability of such personnel to provide Head Start services to handicapped children. Prohibits funds for Head Start research, demonstration, and pilot projects from being combined with funds available to carry out any other provision of law if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment to a recipient of such funds. Prohibits any revision in Head Start performance standards which would result in either the elimination of, or the reduction in the scope of, types of health, education, parent involvement, social, or other services required by the performance standards issued by the Secretary as in effect on November 2, 1978. Title II: Follow Through Programs - Amends the Follow Through Act to: (1) increase the authorization of appropriations for the Follow Through program for FY 1984; and (2) authorize appropriations for such program for FY 1985 through 1989. Requires the Secretary of Education ("the Secretary," for purposes of this title) to provide financial assistance for research, demonstration, and pilot projects relating to the Follow Through program. (Under current law, the Secretary is authorized to provide such assistance.) Requires that such projects be designed to test or assist in the development of new approaches or methods that will aid in overcoming the special problems of primarily low-income children previously enrolled in Head Start or similar programs to develop to their full potential in kindergarten and the primary grades. Directs the Secretary to provide for a review and analysis of all previous evaluations and reports made in connection with all Follow Through programs and projects authorized by any Act of Congress in effect after August 20, 1964, and to provide a comprehensive evaluative report to the President and Congress by January 30, 1988. Makes a technical amendment which repeals the applicability of specified Head Start Act provisions to the Follow Through Act. Adds provisions for child care information and referral services to the Follow Through Act. (Entitles such provisions as the "Child Care Information and Referral Services Act.") Directs the Secretary of Health and Human Services, through the Administration for Children, Youth, and Families, to make grants to assist public or private nonprofit organizations to establish and operate community-based child care information and referral centers. Sets forth grant application requirements. Requires that grant recipients be selected through a competitive process, taking into consideration the demonstrated ability of applicants to provide such services, and giving priority to applicants for grants of less than $75,000. Requires an applicant to make specified assurances, including an assurance that it shall obtain certain percentages of its projected budget through non-Federal sources of funding during the grant period. Limits to five years the aggregate period for which such grants may be made to any single center. Sets reporting requirements for centers receiving such grants. Directs the Secretary of Health and Human Services to report annually to specified congressional committees on activities under such child care information and referral services provisions. Authorizes appropriations for FY 1985 through 1989 for such child care information and referral services. Makes specified provisions for administration of the Head Start program applicable to the administration of such child information and referral services program. Title III: Community Services Programs - Amends the Community Services Block Grant Act to: (1) increase the authorization of appropriations for FY 1984 through 1986 for community services grants to States to ameliorate the causes of poverty in communities; and (2) authorize appropriations for FY 1987 through 1989 for such grants. Revises grant application provisions to require States to assure that: (1) at least 85 percent of the State allotment will be used for grants to community action agencies (or to organizations serving seasonal or migrant farmworkers) for specified purposes; and (2) the remainder will be used to make grants to local governments (or to specified types of nonprofit private community organizations or to migrant and seasonal farm worker organizations) for such specified purposes. Includes services under the Temporary Emergency Food Assistance Act of 1983 among those activities to which a State may transfer funds from a portion of its community services grant allotment. Authorizes a State, whenever it determines that a local government, or a combination of local governments, is not served by a community action agency, to: (1) use funds earmarked for grants to local governments through an existing community action agency to provide such services; or (2) if that is not feasible, establish a new community action agency to provide such services. Authorizes the Secretary of Health and Human Services ("the Secretary," for purposes of this title) to waive for any State specified limitations relating to eligibility to receive grants, under specified conditions. Directs the Secretary to: (1) conduct, in several States in each fiscal year, evaluations of the uses made of community services block grants; and (2) annually submit the results of such evaluations to specified congressional committees. Provides that the Office of Community Services within the Department of Health and Human Services shall be headed by an Assistant Secretary who shall be appointed by the President by and with the advice and consent of the Senate. Revises provisions relating to investigations conducted by the Secretary and the Comptroller General of the use of community service grant funds. Makes such investigations by the Comptroller General mandatory. Repeals a prohibition against the Secretary either requesting information not readily available to a State or requiring that any information be compiled, collected, or transmitted in any new form not already available. Requires the Secretary to provide for specified training and other ongoing activities of national or regional significance related to the purposes of the community services grants program, including certain special emphasis programs. (Under current law the Secretary has discretionary authority to provide for such training and other activities.) Adds to the list of such special emphasis programs specified types of programs for community food and nutrition and for senior opportunities and services which are described under specified provisions of the Economic Opportunity Act of 1964, as in effect on August 12, 1981. Authorizes appropriations for FY 1985 through 1989 for Native American programs under title VIII (the "Native American Programs Act of 1974") of the Economic Opportunity Act of 1964. Title IV: Conforming Amendments; Effective Date - Makes conforming amendments to other Federal laws. Makes references to the Assistant Secretary of the Office of Community Services in the Older American Community Services Employment Act. Makes the effective date of this Act the date of enactment or October 1, 1984, whichever occurs later.
United States · United States Congress · 15 March 1984
Hunger Relief Act of 1984 - Title I: Food Stamp and Related Provisions - Amends the Food Stamp Act of 1977 to make homeless persons eligible to participate in the food stamp program (program). Requires State agencies to develop related certification and issuance procedures. Increases the cost of the thrifty food plan to the full cost of the plan as of June 30, 1983. Revises the definition of "disabled" to include certain persons receiving benefits under the Railroad Retirement Act or persons receiving Supplemental Security Income (SSI) disabled benefits. Makes households each of whose members receive SSI or Aid to Families with Dependent Children (AFDC) categorically eligible for program participation. States that denial of eligibility or termination of benefits from such programs can not be a basis for denial of food stamp eligibility or termination of benefits. Excludes loan origination fees and insurance premiums from program "income." Increases the earned income deduction from 18 to 20 percent. Separates (presently combined) dependent care and excess shelter expense deductions. Provides for an educational deduction. Grants States the option of calculating income either prospectively or retrospectively. Increases the resources limitation from $1500 to $2500, and from $3000 to $3500 for the elderly and disabled. Increases the threshhold for accounting a vehicle's value against resources from $4500 to $5500. Permits States to stagger coupon issuance. Requires the Secretary of Agriculture to send Food Stamp Disaster Task Force members to oversee the program in the event of a natural disaster. Directs State agencies to periodically assess the need to keep food stamp offices open during weekend or evening hours. Requires the Secretary to encourage State agencies to disseminate program information. Provides administrative matching funds. Directs State agencies to implement job search activities. Obligates $50,000,000 beginning with FY 1985 for such costs, and provides for 50 percent reimbursement for State expenses: (1) in excess of such $50,000,000; and (2) for participant reimbursement. Requires the Secretary to monitor such programs. Establishes a four-year (FY 1985 through 1989) rural Alaskan food assistance pilot program. Sets forth program provisions. Requires program reports to the House and Senate Agriculture committees by March 1, 1988, and 1989, respectively. Requires the Secretary to issue rural Alaskan thrifty food plan adjustment regulations within ten days. Amends the Agriculture and Consumer Protection Act of 1973 to permit local programs to provide supplemental commodities to the elderly under terms prescribed by the Secretary. Prohibits any resulting reduction in assistance to women, infants, and children (WIC program). Authorizes FY 1985 and 1986 Federal Emergency Management Agency appropriations for an emergency food program. Requires the Director of such Agency to constitute a national board to administer such program. Authorizes the Commodity Credit Corporation to purchase and deliver commodities for such program. Title II: Nutrition Monitoring - Requires the Secretary to: (1) develop and implement by October 1, 1985, a continuous food consumption and expenditures survey of a representative sample of low-income persons in the United States; (2) conduct, beginning with FY 1986, a survey of a supplemental representative sample of at least one low-income subgroup; and (3) submit an interim report by April 1, 1986, and annual reports thereafter to specified congressional committees. Directs the Secretary to: (1) provide States with technical assistance to establish nutrition monitoring systems; (2) encourage research on standards and technologies for nutrition monitoring; and (3) maintain and update the Department of Agriculture (USDA) nutrient data base. Title III: Nutrition and Consumer Education - Directs the Secretary to provide States with technical and grant assistance for low-income consumer education programs. Administers such programs through the USDA's Food and Nutrition Service. Requires annual program reports to specified congressional committees. Sets forth State program requirements. Authorizes FY 1985 through 1989 appropriations. Authorizes the Secretary to set aside specified amounts for use in Puerto Rico, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. Title IV: School Lunch and Child Nutrition Amendments - Amends the Child Nutrition Act of 1966 and the National School Lunch Act to reduce the students' cost of a reduced price lunch from 40 cents to 25 cents, and of a reduced price breakfast from 30 cents to 15 cents. Increases reduced meal income eligibility limits from 185 percent to 195 percent of the poverty level. Provides an additional six cents per breakfast to increase the nutritional quality of such program. Requires the Secretary of Agriculture to promulgate related nutritional improvement regulations. Raises the program tuition limit for private schools from $1500 to $2500. Requires annual inflation adjustments. Increases the number of reimbursable meals and snacks under the child care food program. Increases FY 1984 authorization of appropriations for nutrition education and training. Excludes certain medical expenses from household income for program eligibility purposes. Eliminates the requirement that free meal eligibility be the same as that required for food stamp eligibility. Makes kindergartens in specified schools eligible for the special milk program. Makes permanent authorizations of appropriations for: (1) the WIC program; (2) State administrative expenses; (3) nutrition education and training; (4) the childrens' summer food and service program; and (5) the commodity distribution program. Title V: Older Americans Act Amendments - Amends the Older Americans Act of 1965 to authorize FY 1985 through 1987 appropriations for: (1) congregate feeding; (2) home delivered meals; and (3) surplus commodities.
United States · United States Congress · 15 March 1984
Amends the Education Consolidation and Improvement Act of 1981 to permit the use of education block grant funds for projects for Irish children. Requires that such projects provide an opportunity to live in the United States to children aged ten through 18 from areas of Ireland that have been torn by civil strife and violence. Requires that such opportunity include attendance in U.S. schools and affiliation with children of diverse religious, ethnic, cultural, and social backgrounds in a peaceful atmosphere. Permits such funds to be used for such projects if the local educational agency concerned files with the Secretary of Education a plan containing assurances that at least one-half of the cost of such projects will be provided from private donations and that project funds will be used to pay a portion of the cost of such children's round-trip transportation, U.S. schooling, and other living expenses.
United States · United States Congress · 15 March 1984
Medicare Physician Fair Payment Act of 1984 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide that payment for physicians' services will be made only to a physician entering into an annual agreement with the Secretary of Health and Human Services. Requires the agreement to provide that a physician shall be paid only on the basis of an assignment for all services provided to individuals enrolled under part B. Directs the Secretary to: (1) publish a list of all participating physicians; (2) develop a uniform claims form for use by all participating physicians; and (3) establish an advisory committee on physician reimbursement. Prohibits Medicare participation by a hospital unless every physician who is on the medical staff and who furnishes services to inpatients has entered into an assignment agreement with the Secretary.
United States · United States Congress · 13 March 1984
Amends title II (Old age, Survivors and Disability Insurance) of the Social Security Act to provide that a beneficiary shall be entitled to a prorated benefit for the month in which he or she dies.
United States · United States Congress · 12 March 1984
States that: (1) all persons in the workplace have a fundamental right to know when they are handling or are exposed to substances hazardous to their health; (2) the Hazard Communication Standard should immediately be revised by the Occupational Safety and Health Administration (OSHA) in order to disseminate meaningful information to workers regarding the identity and composition of hazardous substances to which workers are exposed or which they handle; (3) the Hazard Communication Standard should be immediately revised by OSHA to extend "Right To Know" protection to workers in all industries and services not presently covered by the Standard; and (4) such Standard should set minimum Federal requirements which may be exceeded by more stringent State requirements. Commends those States and local governments which have acted to safeguard workers' health and which have passed community "Right To Know" laws.
United States · United States Congress · 8 March 1984
Requires the Equal Employment Opportunity Commission to: (1) conduct research for identifying and measuring wage discrimination; (2) assist any public or private entity in eliminating discriminatory pay practices; and (3) implement policies and procedures to prohibit employment discrimination. Requires the Commission to determine the number and nature of all charges filed under the Civil Rights Act of 1954 and to report to Congress with a summary prepared pursuant to this Act. Requires the Commission to conduct a study in consultation with organizations representing Federal employees and analyze: (1) the procedures established by the Director of the Office of Personnel Management (OPM) to establish classifications of positions in the competitive service; and (2) the actual practice of the Director and the heads of Federal agencies in complying with the principle of equal pay for work of equal value when establishing job classifications for employees. Requires the Commission to report to the President and the Congress on its findings and provide a copy to the Director of OPM. Directs the Director to submit his comments on the report to the President and the Congress. Directs the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, to report to the President and the Congress on actions taken to enforce the prohibitions contained in Executive Order Numbered 11246 against discrimination by Federal contractors. Requires the Attorney General, acting through the Office of Civil Rights, to report to the President and the Congress on actions taken to enforce the prohibitions against sex discrimination in compensation contained in Title VII of the Civil Rights Act of 1964, Executive Order Numbered 11246, and other Federal laws. Requires Federal agencies responsible for submitting equal employment opportunity plans to include in such plans: (1) a review and identification of any discriminatory pay practices and any violation of the principle of equal pay for jobs of equal value; and (2) a plan for eliminating any such practices and remedying any such violation.
United States · United States Congress · 8 March 1984
Hazardous Air Pollutants Amendments Act of 1984 - Title I: - Amends the Clean Air Act ("the Act") to provide for the control of hazardous air pollutants from stationary and mobile sources. Provides for expedited listing of hazardous air pollutants. Directs the Administrator of the Environmental Protection Agency (EPA), within 90 days after enactment of this Act, to classify 35 substances into two categories for purposes of determining whether such substances are hazardous air pollutants as defined under provisions for national emission standards for hazardous air pollutants (NESHAPs). Requires that 25 substances, including each of the 22 substances listed in specified testimony of the Administrator before Congress, be classified in the first category. Requires that ten additional substances, from among the 37 substances identified to Congress on a specified date by the EPA as being in the assessment phase of the review process, be classified in the second category. Authorizes the Administrator, at any time up to 90 days before the commencement of specified determination proceedings for any substance in the second category, to substitute for that substance another substance if the Administrator determines that there is a higher priority for determining whether the substitute substance is a hazardous air pollutant. Directs the Administrator to republish the classification with a statement of the reasons for such substitution. Directs the Administrator to commence hazardous air pollutant determination proceedings concerning: (1) the 25 substances in the first category, within 90 days after enactment of this Act; and (2) the ten substances in the second category, within one year after such enactment. Requires that such proceedings include an opportunity for a public hearing. Directs the Administrator to solicit and consider the advice of the Science Advisory Board in making a determination in such proceedings. Directs the Administrator to establish a docket for such proceeding containing all relevant information and analyses in EPA's possession. Directs the Administrator to make a hazardous air pollutant determination for each substance: (1) in the first category by January 1, 1986; and (2) in the second category by January 1, 1987. Directs the Administrator, simultaneously with such determination, to include any substance determined to be a hazardous air pollutant on the required published list and to publish a list of all categories of stationary sources which emit such pollutant. Directs the Administrator, for each category of stationary sources listed as emitting a hazardous air pollutant which was classified in the first category and subsequently listed, to: (1) publish proposed national emission standards (and, if necessary, proposed interim standards) by January 1, 1987; and (2) promulgate national emission standards (and, if necessary, interim standards), by January 1, 1988. Requires, for categories of stationary sources listed as emitting hazardous air pollutants classified in the second category and subsequently listed, publication of proposed standards by January 1, 1988, and promulgation of standards by January 1, 1989. Makes requirements under this Act relating to such expedited listing of, and promulgation of standards for, hazardous air pollutants nondiscretionary duties of the Administrator, for purposes of citizen lawsuit provisions of the Act. Allows any person to bring a civil action to require the Administrator to make any classification, commence any proceeding, make any determination, list any substance, or propose or promulgate any standard in accordance with specified provisions of this Act. Provides that the notice requirement under citizen lawsuit provisions shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite its consideration of such action. Requires that a substance be treated as listed as a hazardous air pollutant until the Administrator makes a determination, if the Administrator has not made the required determination by the specified deadline. Directs a court to issue an order requiring a substance classified in the first or second category to be treated as listed as a hazardous air pollutant until the Administrator completes further proceedings, if: (1) the Administrator determines that such substance is not a hazardous air pollutant; and (2) the court reviewing such determination for any reason remands such determination to the Administrator for further proceedings. Directs the Administrator, on or before January 31, 1987, to commence hazardous air pollutant determination proceedings for each substance which: (1) has been classified, prior to January 31, 1987, by the national toxicology program as a known carcinogen or as a substance which may reasonably be anticipated to cause cancer; (2) is an air pollutant; and (3) has not been the subject of a determination under provisions of this Act for the 35 substances classified in two categories. Requires that such proceeding be completed within one year from the date required for commencement. Provides for annual hazardous air pollutant determination proceedings beginning on or before January 31, 1988, for each air pollutant which has been classified during the preceding year by the national toxicology program as a carcinogen or as one which may reasonably be anticipated to cause cancer. Requires that such proceedings be completed within one year from the date required for commencement. Revises provisions for NESHAPs. Directs the Administrator to publish and revise a list which includes each air pollutant which has been determined to be a hazardous air pollutant. Requires that such list also be revised to include the pollutants listed in accordance with the timetables established under this Act (including the pollutants listed by operation of law if the Administrator has not made a required determination by the specified deadline). Provides for emissions standards for control of hazardous air pollutants from stationary sources. Directs the Administrator to publish with the listing of a hazardous air pollutant (including a listing by operation of law) or the revision of such listing a list or revised list of all categories of stationary sources which emit such air pollutant. Requires that such list of source categories be revised whenever necessary to include all categories of stationary sources which emit any hazardous air pollutant listed. Directs the Administrator, within one year after listing a hazardous air pollutant, to publish proposed national emission standards (and, if necessary, proposed interim standards) for each category of stationary sources listed as emitting such air pollutant. Directs the Administrator, within one year after proposal of such standards, to promulgate national emission standards (and, if necessary, interim standards) for each such category of new stationary sources. Requires that such standards be established at a level which, in the Administrator's judgment, provides an ample margin of safety to protect public health. Authorizes the Administrator to also promulgate such an interim standard if a specified determination is made. Prohibits, with specified exceptions, the promulgation of any such interim standard at any time other than simultaneously with the initial promulgation of the national emission standard applicable to the emission of the hazardous air pollutant from such category of stationary sources. Prohibits revision of any such interim standard to make it less stringent after the date on which it takes effect. Allows promulgation of any such interim standard only if the Administrator determines that the national standard for such sources requires an emissions level of that hazardous air pollutant which is lower than the lowest level achievable (as determined at the date of promulgation) by the application of all potential emission reduction measures. Limits the period for which any such interim standard may remain in effect to six years after the date of the initial promulgation of the applicable national standard. Provides that any such interim standard shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures. Defines "all potential emission reduction measures" as all measures or techniques for the reduction of emissions of the hazardous air pollutant concerned, except those which the Administrator finds to be technologically infeasible at the time of the determination on the date of promulgation. Includes the use of advanced emission control technology, closed systems, or substitute raw materials, processes, or products among such measures and techniques, except those found technologically infeasible. Prohibits any such national emissions standard or interim standard applicable to the emission of any hazardous air pollutant from being less stringent than the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of proposal of the standard) by any source in the category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any permit (as of the date of proposal of the standard) applicable to any such source. Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources for purposes of establishing such national emission standards (including interim standards) for stationary sources emitting hazardous air pollutants. Directs the Administrator to revise such national standards where appropriate following periodic review. Directs the Administrator to complete a review of each such national standard within eight years from the date of promulgation, and at eight-year intervals thereafter. Directs the Administrator, within four years after enactment of this Act, to: (1) complete a review of each national emissions standard for hazardous air pollutants in effect on December 1, 1983, applicable to each hazardous air pollutant listed prior to December 31, 1983; and (2) revise the national emission standard (and if necessary promulgate an interim standard) for such hazardous air pollutant in accordance with this Act. Establishes permit requirements for new or modified sources of hazardous air pollutants. Requires such permits to be obtained from the Administrator or a delegated State prior to: (1) construction of any new stationary source which emits any hazardous air pollutant listed under the Act; or (2) modification of any existing stationary source which emits any such listed hazardous air pollutant if such modification will increase the emission of that hazardous air pollutant. Provides that such permits shall require compliance by the source with an emission limitation applicable to the hazardous air pollutant concerned which provides an ample margin of safety to protect public health. Allows an interim limitation for a specified period if such emission limitation would require an emissions level lower than the lowest level achievable by application of all potential emission reduction measures. Limits the period for which any such interim emission limitation included in a permit may remain in effect to six years after the earlier of: (1) the date of initial promulgation of a national emission standard applicable to the emission of such hazardous air pollutant from sources in the category concerned; (2) the date of the required revision to conform with this Act of such standards promulgated before the enactment of this Act; or (3) the date of issuance of the permit. Provides that each such interim limitation shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures as determined at the time of issuance of the permit. Requires that any emission limitation or interim emission limitation established in such permits and applicable to the emission of any hazardous air pollutant be at least as stringent as the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of issuance of the permit) by any source or category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any other permit (as of the date of issuance of the permit concerned) applicable to any such source. Requires that any emission limitation or interim emission limitation established in such a permit be at least as stringent as any applicable interim standard promulgated or, if no such interim standard has been established, any applicable national emission standard promulgated. Establishes permit requirements for control of hazardous air pollutants from existing stationary sources. Makes it unlawful for an owner or operator to operate an existing source without a permit one year after promulgation of a national emissions standard applicable to hazardous air pollutant emissions from sources in such category (or one year after the enactment of this Act in the case of any standard promulgated before such enactment). Sets forth provisions for standards under such existing source permits which are similar to those for new and modified source permits. Authorizes the Administrator to grant a waiver permitting an existing source a period of up to two years after the effective date of the permit requirement to comply with the requirement, upon determination that such period is necessary for the installation of controls and that steps will be taken during the waiver period to assure that the health of persons will be protected from imminent endangerment. Allows the source owner or operator, prior to expiration of such waiver period, to apply to the Governor of the State in which the source is located for an emergency extension of the waiver for up to three years from its expiration date. Authorizes the Governor, after statewide notice and opportunity for public hearing and upon making specified determinations, to petition the President to grant such extension. Requires consultation with the Governor of any other State whose residents may become exposed to such source emissions, and statewide notice and opportunity for residents of such other State to participate in the public hearing on such waiver extension. Authorizes the President, after reviewing the hearing, public comments, and any recommendations of the Governor of another State, to grant such petition if the President specifically concurs in each of the findings of the petitioning Governor. Requires publication of the President's reasons for concurring or not concurring. Directs the President to report to Congress on each extension granted. Sets forth general requirements applicable to permits under provisions for national emissions standards for hazardous air pollutants. Sets forth such permit requirements relating to: (1) monitoring; (2) administrative procedure and judicial review of issuance; (3) delegation to State permit programs; (4) revocation, renewal, and review; and (5) fees. Authorizes the Administrator to promulgate regulations under which permits may be issued by rule to one or more classes of stationary sources which emit hazardous air pollutants in small annual amounts where such sources are numerous. Sets forth conforming amendments. Title II: Hazardous Air Pollutants from Motor Vehicles - Amends Clean Air Act provisions relating to mobile sources to establish a program for the control of motor vehicle hazardous air pollutants. Defines a "motor vehicle hazardous air pollutant" as an air pollutant emitted from a motor vehicle or motor vehicle part, whether emitted into the ambient air or the interior of the motor vehicle, which the Administrator judges to cause or contribute to air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. Directs the Administrator, within 90 days after enactment of this Act, to publish a list which includes each motor vehicle hazardous air pollutant, and to revise such list from time to time. Requires that the list include: (1) lead, ethylene dibromide, diesel particulates, and benzene; and (2) each hazardous air pollutant listed under the Act if the Administrator determines that such air pollutant is emitted from a motor vehicle or motor vehicle part. Directs the Administrator to make such determination: (1) simultaneously with the hazardous air pollutant listing; or (2) in the case of hazardous air pollutants listed before the enactment of this Act, within 180 days after such enactment. Makes requirements relating to motor vehicle hazardous air pollutants nondiscretionary duties of the Administrator for purposes of citizen lawsuit provisions. Allows any person to bring a civil action to require the Administrator to comply with any such duty. Provides that notice requirements for citizen lawsuits shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite consideration of such action. Directs the Administrator to prescribe regulations to require manufacturers of motor vehicles, motor vehicle parts, fuels, fuel additives, oil, and oil additives to report to the Administrator any pollutant which is generated in normal use of its product and which it has reason to believe may be required to be listed as a motor vehicle hazardous air pollutant. Directs the Administrator, within one year after the inclusion of any motor vehicle hazardous air pollutant on the list (except in the case of lead) to publish proposed regulations: (1) under provisions for regulation of fuels and fuel additives respecting the substance concerned; or (2) (if it is technologically infeasible to achieve the objective of controlling a motor vehicle hazardous air pollutant under provisions for regulation of fuel or fuel additives) under provisions for new motor vehicles or engines establishing an emission standard for such pollutant. Directs the Administrator, within 180 days after publication of proposed regulations for establishing an emission standard for any motor vehicle hazardous air pollutant, to prescribe an emission standard applicable to the emission of such air pollutant from new motor vehicles and engines. Requires that such standard be established at a level which the Administrator judges to provide an ample margin of safety to protect public health. Sets forth provisions for interim standards for motor vehicle hazardous air pollutants which are similar to provisions for interim standards for stationary source hazardous air pollutants under this Act. Provides that, with specified exceptions, any new motor vehicle or engine emission standard established for a motor vehicle hazardous air pollutant shall become effective beginning with the second model year which commences after the model year in which such standard is promulgated. Requires that such regulations for emission standards for control of diesel particulate emissions establish standards which are at least as stringent as the following: (1) not more than 0.2 grams per mile (gpm) for model years 1986 and 1987 light-duty vehicles; (2) not more than 0.26 gpm for model years 1986 and 1987 light-duty trucks; (3) not more than 0.08 gpm for model years 1988 and after light-duty vehicles and light-duty trucks; and (4) not more than 0.25 grams per brake horsepower-hour for model years 1989 and after heavy-duty vehicles and engines. Directs the Administrator, within 180 days after publication of proposed regulations for any motor vehicle hazardous air pollutant which is a fuel or fuel additive, to prescribe a rule controlling or prohibiting the manufacture, introduction into commerce, offering for sale, or sale of such substance. Directs the Administrator to promulgate regulations prohibiting the use of lead or lead additives in gasoline after December 31, 1986.
United States · United States Congress · 8 March 1984
Amends rule XI of the Rules of the House of Representatives to prohibit the expenditure of appropriated funds to defray travel expenses of committee members or employees outside of the United States or its territories or possessions, unless such committee has approved, by recorded vote, a resolution authorizing such travel. Requires that such resolution set forth: (1) a detailed itinerary; (2) the anticipated benefits that could not otherwise be achieved; (3) a certification that the travel cost is the lowest available; and (4) justification for each individual participating in such travel.
United States · United States Congress · 7 March 1984
Directs the Committee on Foreign Affairs to conduct an investigation into the murders of U.S. citizens in El Salvador and report to the House with specified findings and conclusions.
United States · United States Congress · 6 March 1984
Health in Advertising Act - Amends the Federal Cigarette Labeling and Advertising Act to prohibit cigarette and other tobacco product advertising on any medium of electronic communication subject to Federal Communications Commission jurisdiction.
United States · United States Congress · 1 March 1984
Amends the Education Amendments of 1972 to include educational institutions receiving Federal financial assistance within the prohibition against sex discrimination.
United States · United States Congress · 1 March 1984
Amends title XVIII (Medicare) of the Social Security Act to provide that a hospital shall be considered to be located in an urban area for purposes of the prospective payment system if the wage level within the county (or equivalent area) in which the hospital is located is not less than the average wage level for urban areas in the State.
United States · United States Congress · 29 February 1984
Requests a voluntary national one-year freeze on physicians' fees and a reduction in fees for the unemployed, elderly, and uninsured in an effort to help curb rising health care costs.
United States · United States Congress · 22 February 1984
Uniform Minimum Drinking Age Act of 1984 - Prohibits the Secretary of Transportation from approving Federal-aid highway projects in States in which the purchase or public possession of alcoholic beverages by persons less than 21 years of age is lawful. Makes such prohibition effective in the sixth fiscal year after enactment of this Act. Requires the Secretary to reduce such States' apportionment of Federal-aid highway funds by specified percentages beginning in the third fiscal year after enactment.
United States · United States Congress · 22 February 1984
Amends the Bankruptcy Code to permit a trustee to reject or assume a collective bargaining agreement made under the authority of title II of the Railway Labor Act or the National Labor Relations Act only if and after the court approves such rejection or assumption. Requires notice to all parties and a hearing before the court may approve such a rejection. Prohibits the court from approving the rejection of a collective bargaining agreement if, absent the rejection: (1) the jobs covered by such agreement will be lost; and (2) any financial reorganization of the debtor will fail. Declares that a rejection of a collective bargaining agreement constitutes a breach at the time of such rejection. Declares that no provision of this Act shall be construed to permit the trustee unilaterally to terminate or alter any of the terms and conditions of such a collective bargaining agreement.
United States · United States Congress · 21 February 1984
Medicare Solvency and Health Care Financing Reform Act of 1984 - Adds a new title XXI to the Public Health Service Act entitled "Programs For Reforming the Health Care Financing System." Sets forth part A of such title entitled "State Health Care Programs." Provides that if a State transmits to the Secretary of Health and Human Services, within one year of the enactment of this Act, a statement that the State intends to submit a health care plan (described below), for purposes of making payments to the State under title XIX (Medicaid) of the Social Security Act the Federal medical assistance percentage shall be 102 percent of such percentage as otherwise determined under Medicaid for such State for up to one year. Directs the Secretary to exempt hospitals in a State from the prospective payment limits established under this Act for certain time periods occurring during the first year of the transition period (defined in part C of title XXI as the 24-month period beginning January 1985) if: (1) the State requests such treatment; (2) the State indicates an intention to have implemented a State plan under title XXI which will provide for a recoupment of any revenues received in excess of the amounts permitted under part A; and (3) the State has agreed, with respect to such hospitals, that if a State plan under this Act is not implemented by the end of the first year of the transition period, then the Secretary shall provide for such adjustment in the prospective payment limits under part I of part B as will provide for recoupment in the subsequent year of any revenues received in excess of amounts permitted. Authorizes a State to apply to the Secretary for the approval of a health care plan for the State for an initial period of up to three years, subject to disapproval. Authorizes extensions of such initial period for up to two additional years. Provides that, for any one-year period, in the case of any State with an approved plan: (1) the transitional period provisions of subpart I of part B of title XXI shall not apply; (2) requirements for reimbursement (other than those relating to beneficiary cost sharing) under title XVIII (Medicare) of the Social Security Act shall be waived and; (3) for purposes of making payments to a State under Medicaid the Federal medical assistance percentage shall, for the year the plan is in effect, be 103 percent (or 104 percent in the case of an unrestricted Medicaid plan) of the amount of the Federal medical assistance percentage otherwise determined under Medicaid and 102 percent (or 103 percent in the case of an unrestricted Medicaid plan) for any subsequent year (except for any extension period) of the amount of the Federal medical assistance percentage otherwise determined. Defines "unrestricted Medicaid plan" as a State Medicaid plan which does not impose any limitation on the scope or duration of inpatient hospital services other than requiring that such services be medically necessary. Directs the Secretary to annually review each approved plan. Requires the continued approval, for a certain time, of a plan not in compliance, if the State certifies that it will comply within a stated time period. Permits a further extension of approval if there is a trend towards compliance. Provides for the establishment of a Federal program with respect to hospitals for a State which cannot comply. Requires a State plan, in order to be approved, to meet the general requirements set forth below and, if applicable, certain requirements relating to ratesetting plans. Permits a plan, in meeting the general requirements, to be designed in a manner that meets such requirements through a ratesetting system, a voluntary system, or through the use of competitive mechanisms. Requires a plan to be designed in a manner so as to provide, to the satisfaction of the Secretary, that: (1) the amount of the total revenues per discharge for all hospitals in the State for each year beginning before 1987 in which the plan is in effect may not exceed the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor; and (2) the amount of the total revenues per discharge for all services furnished to hospitals inpatients for all hospitals in the State for each year beginning after 1986 in which the plan is in effect may not exceed the sum of the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor, plus the base physician-related hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the plan is in effect and provided for a limitation under this clause (2), and the population-discharge factor. Authorizes a State, at its option, to apply the test specified in clause (2) instead of the test specified in clause (1) with respect to years prior to 1986. Permits a plan, instead of meeting the above requirements, to meet such other alternative test of constraint of health care costs as the Secretary determines will not result in a greater expenditure of funds under title XVIII (Medicare) of the Social Security Act and by private payers than would have been made if the plan met the above requirements. Requires a plan to be designed so as to provide that the amount of revenues for inpatient hospital services and physicians' services to hospital inpatients and individuals entitled to benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) of title XVIII of the Social Security Act may not exceed the amount which would otherwise be payable (including copayments and deductibles) for such services under title XVIII. Permits a plan (other than a plan providing for the establishment of rates of hospital reimbursement for hospital inpatient services) to provide that payment under title XVIII for inpatient hospital services and for other services furnished to hospital inpatients shall continue to be made in the amounts and in the manner otherwise provided under Medicare. Requires that the unreimbursed costs incurred by hospitals in providing services to low-income, uninsured or underinsured patients (other than Medicare or Medicaid patients) be paid pursuant to a plan in an amount which must, in the aggregate, be the same proportion of total revenues as such unreimbursed costs are of total costs of patients who are neither Medicare nor Medicaid patients. Provides that such unreimbursed costs shall be paid through distribution of funds pooled at the statewide level, through a higher payment rate, or through another method approved by the Secretary. Requires a plan to have a mechanism for providing fair hearings for hospitals and any other entities aggrieved by determinations made under the plan. Requires a State to provide for the appointment of a panel, consisting of members with expertise in health care economics and service delivery, to advise in the development and implementation of its plan, periodically review and propose modifications to the plan, and establish the methodology for establishing the percentage limit used to compute hospital revenues. Requires such methodology to include the use of appropriate external price indicators, the use of data from major collective-bargaining agreements for nonsupervisory hospital employees, and other appropriate indicators of wage costs. Requires the methodology to be approved by the Secretary. Requires a plan, to the extent that it provides for meeting plan requirements through a system which provides for the establishment of rates for hospital reimbursement for hospital inpatient services by an entity other than the hospital, to meet the following additional requirements: (1) except as provided in clause (2), the plan must provide equitable treatment of all entities that pay for health services covered under the plan, of hospital employees, and of patients; (2) if the plan is established under State law, the plan must take into account the proportion of costs associated with, and services covered by, the different payors, including Medicare and Medicaid, and may not permit undue shifting of proportions of costs among the different payors; (3) the plan may not make available any discount in price to any purchaser unless the discount accurately reflects economic benefits to a hospital resulting from a service arrangement with a purchaser and the discount is made available to all other purchasers who can satisfy such service; and (4) the plan must provide a procedure whereby, upon the request of a hospital, an adjustment can be considered to the rate limitation applicable under the plan to that hospital to reflect a significant change in the inpatient hospital services, increased costs for the compensation of employees, funds necessary to provide for the efficient operation of a hospital which the State has determined should remain in operation, and higher expenses associated with a regional tertiary care institution, teaching hospital, or children's hospital. Directs the Secretary, in reviewing a plan which provides for control of hospital inpatient costs through a competitive mechanism, to take into account the degree to which the plan provides for the following or other measures to improve price competition among providers: (1) the plan provides for open enrollment periods; (2) the plan provides for the dissemination of information concerning different health benefits plans; (3) the plan encourages innovation and public incentives to new forms of health care delivery and financing; (4) there are negotiated prices and risk-sharing between insurers and health care providers; and (5) the laws of the State do not impose legal barriers to competition in negotiated and other arrangements among insurers and health care providers. Sets forth part B of title XXI entitled "Residual Federal Program subpart I of part B entitled "Transition Period." Provides that, subject to the provisions of subpart I, for any accounting period of a hospital subject to subpart I the total revenues for inpatient hospital services may not exceed the total of such revenues that are permitted on the basis of prospective payment limits established under subpart I for the hospital's discharges as classified by diagnosis-related groups. Requires each hospital subject to a limitation on revenues under subpart I to provide for the publication of a price list which establishes the price per discharge which any payor may pay for inpatient hospital services. Requires a hospital to submit its price list to the Secretary. Directs the Secretary to determine (for each accounting period) a prospective payment limit for inpatient hospital services for discharges classified by diagnosis-related groups. Sets forth the method for determining and adjusting the limit for each hospital for discharges. Authorizes the Secretary, at the request of a hospital, to increase the allowable revenues for an accounting period or provide for an increase in the base number of discharges otherwise permitted under subpart I to allow for higher revenues than would otherwise be permitted if: (1) a major renovation or replacement of physical plant or significant change in the capacity of the hospital has occurred; (2) the hospital is a sole community provider or provides a disproportionate percentage of its services to low-income or medicare patients, the hospital would otherwise be insolvent, and the State has determined that the hospital should remain open; (3) a larger revenue increase is needed because the hospital is a regional tertiary care institution, teaching hospital, or children's hospital; and (4) there has been a significant change in the characteristics of the hospital's mix of patients. Subjects a hospital which has total inpatient revenues for an accounting period in excess of its applicable limit to a civil penalty, unless the excess is deposited in an escrow account. Permits withdrawals from the account upon the Secretary's certification that the total inpatient revenues of a hospital for an accounting period fall below the applicable limit for that period. Establishes a civil penalty for a physician or other person or entity (other than a hospital) who has charged any person or entity for services which are required by law to be billed to a hospital. Sets forth provisions relating to notice, opportunity for a hearing, and appeal of such penalties. Prohibits a hospital from engaging in an admission practice that results in: (1) a refusal to admit a patient who is unable to pay for inpatient hospital services; (2) the refusal to admit a patient who would be expected to require unusually costly or prolonged treatment; or (3) the refusal to provide emergency services to any person in need of such services. Sets forth penalties, including exclusion from Medicare or Medicaid participation, for hospitals committing such admissions violations. Sets forth subpart II of Part B entitled "Post-Transition Period." Provides that in the case of a State not having a plan approved under part A and in effect for any period beginning after the transition period, the Secretary shall establish and implement a health care plan for such State for such period which meets the requirements of part A, with specified differences. Sets forth definitions under part C of title XXI. Establishes an Advisory Committee on Health Care Technologies and Procedures. Directs the Advisory Committee to examine the appropriateness of the various interventions and the conditions under which they are needed, the safety and efficacy of alternative therapeutic and preventive regimens, and the standards for availability and utilization of various technologies, and to publicly report on whether or not payments should be made for such services and, if so, under what conditions and frequency of service. Exempts individuals enrolled in health maintenance organizations and competitive medical plans from the limits established under title XXI on revenues and discharge of a hospital if: (1) the organization elects such treatment; or (2) the organization annually pays for more than 20 percent of the number of bed-days of care with respect to that hospital. Amends provisions of the Public Health Service Act relating to employees' health benefits plans to provide that if an employer makes a contribution with respect to the costs of a health benefits plan of an employee and the employer offers the option of membership in a health maintenance organization or a competitive medical plan, which membership provides benefits at least actuarially equivalent to those provided under the other health benefits plan, the employer shall: (1) contribute at least as much towards the membership as the maximum amount of the employer's contribution to the other plan; (2) provide for a cash rebate if the contribution with respect to any other health benefits plan exceeds the cost of membership with the organization; and (3) provide information to employees that reasonably compares the benefits and costs of different plans. Exempts from the provisions of the previous sentence employees of an employer represented by a collective bargaining representative or other employee representative selected under any law. Amends title XVIII (Medicare) of the Social Security Act, with respect to health maintenance organizations and competitive medical plans, to provide that the annual per capita rate of payment for each class of members shall be 100 percent in the care of individuals enrolled with an eligible organization in an area where at least 30 percent of the individuals eligible to enroll with an organization are enrolled. Amends title XIX (Medicaid) of the Social Security Act to exempt a health maintenance organization which is a public entity from the requirement that at least 75 percent of its membership be Medicaid eligible or insured under part B (Supplementary Medical Insurance) of title XVIII or under both parts A (Hospital Insurance) and B of title XVIII. Directs the Secretary, under the prospective payment provisions of title XVIII of the Social Security Act, to provide that in the case of a State health care plan approved under Part A of title XXI of the Public Health Service Act payments with respect to services covered under title XXI: (1) may, at the State's option, be made in accordance with title XXI rather than Medicare; or (2) shall be made in accordance with title XXI rather than Medicare in the case of a plan which provides for the control of hospital costs through a title XXI ratesetting mechanism. Provides for increased Medicare payments to a hospital for its operating costs if the number of admissions for an accounting period exceeds the hospital's admissions during a specified base period. Directs the Secretary to determine a regionally adjusted capital-related prospective payment rate for each inpatient hospital discharge in accordance with a specified formula. Directs the Secretary, for each diagnosis-related group, to estimate the average per discharge amount of charges recognized under part B of title XVIII attributable to items and services furnished to inpatients within such group during 1983. Provides that, subject to the part B deductible and subject to other provisions of the Medicare prospective payment rate provisions, with respect to each individual entitled to benefits under part A and enrolled under part B of title XVIII who is a hospital inpatient and whose discharge is classified within a diagnosis-related group, the Secretary shall provide for payment to the hospital of an amount equal to 80 percent of a specified rate in lieu of payments otherwise made under part B for inpatient services. Requires that: (1) payments for health care services furnished to inpatients be made to or through a hospital as a condition of the hospital's participation in the Medicare payment; and (2) the Secretary provide for notice to the public and to individuals enrolled under part B of title XVIII of the Social Security Act of such requirement. Permits the Federal Hospital Insurance Trust Fund to borrow at any time from other social security trust funds if it can repay the loan within ten years. Provides for the periodic transfer to the Federal Hospital Insurance Trust Fund from the Federal Supplementary Medical Insurance Trust Fund of amounts which the Secretary determines to be equal to a specified fraction of the total revenues of the Federal Supplementary Medical Insurance Trust Fund for each fiscal year. Directs the Secretary to conduct and report to Congress on seven studies relating to: (1) health care costs, quality, delivery, and services; and (2) the effects of this Act.
United States · United States Congress · 9 February 1984
Requires that such amounts as may be necessary of the Polish currencies held by the United States shall be available for construction of a new facility at the American Children's Hospital in Krakow, Poland, which would be known as the Clement J. Zablocki Outpatient Facility. Authorizes appropriations for: (1) equipping and furnishing such Facility; (2) improving medical equipment at the American Children's Hospital in Krakow; and (3) providing medical supplies to Poland through private and voluntary agencies.
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 · 8 February 1984
Older Americans Act Amendments of 1984 - Title I: Amendments Regarding Objectives and Definitions - Amends the Older Americans Act of 1965 to declare as an objective of such Act that our older people should have available a comprehensive array of community- based, long-term care services adequate to appropriately sustain them in their communities and in their homes. Title II: Amendments Regarding the Administration on Aging - Replaces provisions establishing the Administration on Aging with provisions establishing, under the general authority of the Secretary of Health and Human Services, an Office on Aging to be headed by the Assistant Secretary for Aging (the Assistant Secretary) who shall be appointed by the President by and with the advice and consent of the Senate. Provides that the Office on Aging shall assume the duties and functions of the Administration on Aging and that the Assistant Secretary shall assume the duties and functions of the Commissioner on Aging. Establishes in the executive branch of the Government a Federal Coordinating Board on Aging. Provides that the Secretary shall be the Chairperson of the Board and that the Assistant Secretary shall be the Vice Chairperson. Directs the Board to: (1) coordinate all Federal programs and activities related to older individuals; and (2) annually report to the President and Congress with recommendations for the development of objectives and priorities for all Federal programs and activities relating to aging and to older individuals. Authorizes funds to be appropriated for FY 1985 through 1987 for the Federal Council on Aging. Directs the Secretary to issue regulations for the administration of the Older Americans Act of 1965. Prohibits the Secretary from making grants or contracts under such Act for training, research, and discretionary projects and programs until the Secretary develops and publishes general standards to be used in evaluating such projects and programs. Title III: Grants for Programs on Aging - Defines: (1) an "older individual" as any individual who is 60 or older; and (2) "multipurpose senior centers" as community facilities for the organization and provision of a broad spectrum of services, including the provision of health, social, nutritional, and educational services and provision of facilities for recreational activities, for older individuals. Authorizes funds to be appropriated for FY 1985 through 1987 for social service grants and nutrition project grants under the Older Americans Act of 1965. Requires each area agency on aging to: (1) specify annually in its area plan the amount of funds spent for each category of services in the preceding year; and (2) conduct efforts to coordinate community-based, long-term care services designed to keep individuals in their homes, thereby deferring unnecessary institutionalization. Requires a State's plan under such Act in planning and operating its long-term care ombudsman program to consider the views of area agencies on aging, older individuals, and provider agencies. Authorizes funds to be appropriated for FY 1985 through 1987 for the surplus commodity program under such Act. Title IV: Training, Research, and Discretionary Programs Related to Aging - Revises provisions of the Older Americans Act of 1965 relating to training, research, and discretionary programs. Directs the Assistant Secretary to make grants and enter into contracts for training, research, and discretionary programs related to aging in order to: (1) provide comprehensive and coordinated nondegree education, training programs, and curricula at institutions of higher education and at other educational organizations for practitioners in the fields of nutrition, health care, supportive services, housing, and long-term care; (2) provide inservice training opportunities to the personnel of State offices, area agencies, senior centers, and nutrition sites to strengthen their capacity to remain responsive to the needs of older individuals; and (3) provide courses on aging and the dissemination of information about aging. Directs the Office on Aging to conduct both: (1) long-term educational activities to prepare personnel for careers in the field of aging; and (2) short-term inservice training and continuing education activities for State and area agency personnel, and other personnel, in the field of aging. Requires multidisciplinary centers of gerontology to: (1) conduct research and policy analysis and function as a technical resource for the Assistant Secretary, policy makers, service providers, and Congress; (2) recruit and train personnel; (3) conduct research toward the development of information related to aging; (4) stimulate the incorporation of information on aging into the teaching of biological, behavioral, and social sciences at colleges and universities; (5) develop training programs in the field of aging; (6) serve as a repository of information and knowledge on aging; (7) provide consultation to organizations serving older individuals under provisions of this Act; and (8) provide data to the Assistant Secretary on projects and activities for which training, research, and discretionary program funds are provided. Sets forth the purposes of research and development projects under the Older Americans Act of 1965. Directs the Assistant Secretary to select for research assistance research activities which will, within three years of enactment of this Act: (1) contribute to the establishment and maintenance of a demographic data base which contains information on the population of older individuals; (2) identify the future needs of older individuals; (3) identify the kinds and comprehensiveness of programs required to satisfy such needs; and (4) identify the kinds and number of personnel required to carry out such programs. Authorizes making grants and contracts for projects designed to identify older individuals who suffer from Alzheimer's disease and other neurological diseases and provide family respite services and other community-based care services to such individuals. Revises provisions relating to special demonstration projects on legal services for older individuals. Directs the Assistant Secretary to make grants and enter ito contracts to: (1) provide nationwide legal services support activities to State and area agencies on aging for providing, developing, or supporting legal services for older individuals; and (2) support demonstration projects to expand or improve the delivery of legal services to older individuals with social or economic needs. Authorizes funds to be appropriated for FY 1985 through 1987 training, research, and discretionary programs under the Older Americans Act of 1965. Directs the Assistant Secretary to: (1) be responsible for the administration, implementation, and making of grants and contracts for such programs; and (2) annually provide a report on the expenditure of funds for such programs. Title V: Community Service Employment - Amends the Older Americans Community Service Employment Act to authorize funds to be appropriated for FY 1985 through 1987. Increases the number of part-time employment positions provided under such Act. Title VI: Grants for Indian Tribes - Authorizes funds to be appropriated for FY 1985 through 1987 under the Older Americans Act of 1965 for grants to Indian tribes. Title VII: Amendments to Other Laws; Effective Dates - Sets forth conforming amendments and effective dates.
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 · 2 February 1984
Effective Schools Development in Education Act of 1984 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to promote more effective schools and excellence in education. Authorizes appropriations for FY 1985 through 1989 for such grants program. Allows program grants to be used to: (1) promote State educational agency (SEA) and local educational agency (LEA) awareness of effective schools information through conferences at schools and district and multidistrict offices and through onsite visits to model effective schools; (2) develop and implement systems of data collection, analysis, interpretation, and communication; (3) plan, review, and revise program activities; (4) support related effective schools efforts; (5) obtain technical assistance and consultant services from regional educational laboratories, research and development centers, institutions of higher education, and other nonprofit educational organizations; (6) design, develop, and publish educational materials on effective schools programs; (7) conduct program evaluations; and (8) otherwise identify, document, and disseminate information concerning exemplary effective schools programs. Requires that program grant applications by SEAs or LEAs demonstrate that: (1) the applicant has an effective schools improvement program in effect; (2) grant funds would be used to pay not more than one-half of the cost of any program or activity; (3) grant funds would be supplementary; and (4) independent annual evaluations will be conducted and reported. Directs the Secretary of Education, in selecting grant recipients, to: (1) consider the extent to which grant funds would be used to improve schools in districts with the greatest numbers or percentages of educationally deprived children and the extent to which the applicant's ongoing effective schools program has demonstrated the capacity to improve student achievement or behavior; (2) ensure reasonable geographic distribution of grants; and (3) designate grants as being available for a period of at least one but not more than three years. Sets forth provisions for technical assistance and program evaluation.
![Official portrait of Rep. Minish, Joseph G. [D-NJ-11]](https://www.congress.gov/img/member/m000796_200.jpg)