United States · United States Congress · 2 May 1984
Arms Race Moratorium Act - Expresses the sense of the Congress that the President should immediately communicate to the Soviet Union the willingness of the United States to enter into a mutual United States - Soviet Union moratorium on the flight testing and deployment of new ballistic missiles and anti-satellite weapons and the testing of nuclear warheads. Prohibits spending or obligating any U.S. funds for the flight testing or deployment of new ballistic missiles, the flight testing against objects in space or the deployment of anti-satellite weapons, or the testing of nuclear warheads if, within 90 days of enactment of this Act, the President has not made such a communication with the Soviet Union and, within such period, the Soviet Union communicates to the President that at the end of the 90 days the Soviet Union will observe a mutual United States - Soviet Union moratorium on such testing and deployment. Authorizes U.S. funding for such testing and deployment if, after the beginning of the moratorium, the President certifies to Congress that the Soviet Union has conducted a test or deployed a missile or anti-satellite weapon or tested a nuclear warhead inconsistent with the moratorium. Requires the President, as part of such certification, to submit to Congress an unclassified report summarizing the basis for the certification and a classified report describing in detail the basis for the certification. Directs the President to report annually to the Congress: (1) on the progress in negotiating nuclear arms control agreements with the Soviet Union; (2) on whether the President believes that continuation of the moratorium is in the best national security interests of the United States. Authorizes Congress, if the President states that continuation of the moratorium is not in the best national security interests of the United States, to enact a joint resolution which terminates the moratorium and permits funds, to be used for testing and deployment.
United States · United States Congress · 26 April 1984
Semiconductor Chip Protection Act of 1984 - Extends copyright protection to original mask works fixed in semiconductor chip products. Defines a mask work as the two- and three-dimensional features of shape, pattern, and configuration of the surface of the layers of a semiconductor chip product which portray the appearance of a product or convey information. Requires as a condition of protection that: (1) the owner of the mask work be a resident or citizen of the United States or of a country which is party to a protection treaty to which the United States is also a party on the date the work is first commercially exploited or registered; (2) the work is first commercially exploited in the United States; or (3) the mask work comes within the scope of a presidential proclamation extending reciprocal protection to the works of foreign citizens or residents. Vests exclusive rights in the mask work in the owner who may transfer, convey, or bequeath such interest. Recognizes the first registered transfer in case of a conflict. Sets the copyright term for mask works at ten years from the date of registration or first commercial exploitation, whichever comes first. Sets forth the exclusive rights of the owner of such a copyright, including the rights to: (1) reproduce the mask; (2) import or distribute a semiconductor chip product in which the mask work is embodied; and (3) cause another to perform such acts. Excludes from the applicability of an owner's exclusive rights a mask work used for educational purposes or an innocent purchaser of a semiconductor chip product. Protects works registered within two years of the date of their first commercial exploitation. Sets forth administrative procedures for the Register of Copyrights. Permits the owner of the mask work to place a notice of copyright on such works which includes the words 'mask work' or M in a circle, the year the work was first fixed in a semiconductor chip product, and the name of the owner of the work. Entitles the owner of a mask work whose protection has been infringed or whose registration of such work has been refused to institute a civil action. Directs the Secretary of the Treasury and the U.S. Postal Service to issue regulations for the enforcement of the right to import mask works. Permits the impoundment and seizure of mask works imported in violation of the owner's exclusive rights. Sets forth remedies for infringement, including temporary and permanent injunctive relief, actual damages, and the award of the infringer's profits to the owner. Authorizes appropriations.
United States · United States Congress · 26 April 1984
Expresses the sense of the Congress that the President should express to the Soviet Union the U.S. disapproval of the Soviet Union's: (1) systematic nondelivery of U.S. mail addressed to persons in the Soviet Union; and (2) violation of specified treaties governing international mail. States that at the meeting of the Congress of the Universal Postal Union in Hamburg, Germany, U.S. representatives should; (1) bring such violations to the attention of the Union; (2) request that an investigation of such violations be conducted by the Union; and (3) consider possible sanctions against the Soviet Union for such violations.
United States · United States Congress · 24 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 · 12 April 1984
National Fishing Enhancement Act of 1984 - Requires artificial reefs in U.S. waters to be sited and constructed according to certain standards in order to enhance fishery resources. Directs the Secretary of Commerce, in consultation with others, to develop and publish a long-term artificial reef plan. Requires the plan to address certain items. Directs the Secretary of the Army in issuing permits for artificial reefs to: (1) consult with and consider the views of appropriate Federal agencies, States, and local governments; (2) ensure consistency with the standards established in this Act; (3) ensure that the maintenance and financial responsibility for and the title to the artificial reef construction material is clear; and (4) notify the Secretary of Commerce of any need to deviate from the plan. Requires each permit to require certain information. Sets forth the liability of the permittee. Establishes civil penalties for permit violations. Amends existing Federal law to authorize the use of obsolete ships for use as artificial reefs (currently only Liberty ships are used). Defines "obsolete ships" to mean vessels owned by the Department of Transportation which are insufficient for use in the national defense reserve fleet. Transfers the authority of the Secretary of Commerce under such law to the Secretary of Transportation.
United States · United States Congress · 12 April 1984
Civil Rights Act of 1984 - Amends the Education Amendments of 1972, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and the Civil Rights Act to prohibit discrimination by any recipient of Federal financial assistance. (Currently, discrimination is prohibited only in a program or activity receiving Federal assistance.) Defines the term "recipient" to extend comprehensive coverage for purposes of the four Acts to any State or local governmental unit, any public or private agency or entity, and any subunit, successor, assignee, or transfereee of any such unit, agency, or entity.
United States · United States Congress · 12 April 1984
States that the Congress: (1) condemns Iraq for its use of chemical weapons; (2) condemns Iran for its violations of the human rights of its citizens in attacks against Iraq; (3) deplores the use of chemical weapons; (4) encourages the United Nations and other parties to continue investigations of suspected uses of chemical weapons; and (5) calls for continued and increased efforts at the Conference on Disarmament to negotiate a verifiable ban on such weapons.
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 · 28 March 1984
States that the United States shall maintain its commitment to the Anti-Ballistic Missile Treaty (ABM) and not engage in programs which are inconsistent with such treaty. States that the President should not abrogate such treaty without the consent of the Congress, and should seek discussions with the Soviet Union to consider questions of compliance with the ABM Treaty.
United States · United States Congress · 21 March 1984
Urges the President to seek an agreement with the Soviet Union to: (1) declare a verifiable and limited moratorium on the testing in space of antisatellite weapons; and (2) resume negotiations on a verifiable ban on the testing, production, deployment, and use of any antisatellite weapon. Declares that such agreements should not restrict non-weapons operations in space, such as the U.S. space shuttle program.
United States · United States Congress · 21 March 1984
Urges the President to seek an agreement with the Soviet Union to: (1) declare a verifiable and limited moratorium on the testing in space of antisatellite weapons; (2) resume negotiations on a verifiable ban on the testing, production, deployment, and use of any antisatellite weapon; and (3) seek a verifiable treaty prohibiting any space-directed or space-based weapons system which is designed to cause damage on earth, in the atmosphere, or on objects placed in space. Declares that such agreements should not restrict non-weapons operations in space, such as the U.S. space shuttle program.
United States · United States Congress · 19 March 1984
Emergency Petroleum Industries Stability Act of 1984 - Prohibits, for a nine month period: (1) any major energy concern or affiliate from controlling any other major energy concern or any domestic petroleum company; and (2) any domestic petroleum company or affiliate from controlling any major energy concern or affiliate. Exempts from the application of such prohibition parties who are in a failing financial position which would likely lead to insolvency but for such acquisition. Requires the Attorney General to bring an action for relief of any violation of such prohibition. Defines a "major energy concern" as one which: (1) has an interest in one hundred million barrels or more of proved reserves of crude oil, natural gas liquids equivalents, or natural gas equivalents; (2) had an average net production of crude oil, condensate, natural gas liquids, and natural gas in the previous year which exceeded 100,000 barrels per day; or (3) is under the control of a foreign person. Defines a "domestic petroleum company" as any person engaged in the production, refinement, or sale of crude oil, condensate, natural gas liquids, or natural gas in the United States and which is not a major energy concern. Defines "control" as the power to direct the policies of a person through the ownership of 15 percent or more of the outstanding voting securities of a person or the acquisition from a person of assets related to the production, distribution, transportation, or marketing of crude oil, condensate, natural gas liquids or natural gas exceeding $2,000,000,000 in fair market value. Requires reports to both Houses of Congress, concerning the effects of such types of mergers, from: (1) the Attorney General, after consultation with the Secretary of Energy; (2) the Secretary of the Treasury; (3) the Secretary of the Interior; (4) the Administrator of the Energy Information Administration; and (5) the Federal Trade Commission.
United States · United States Congress · 15 March 1984
Public Employee Pension Plan Reporting and Accountability Act of 1984 - Imposes disclosure and reporting requirements upon State and local government pension plans. Establishes fiduciary standards for trustees of public employee pension benefit plans. Provides remedies and access to Federal courts. Specifies employee benefit plans which are exempt from this Act. Title I: Reporting and Disclosure - Requires the administrator of each public employee pension benefit plan to submit a registration statement to the appropriate State Governor within one year of enactment of this Act. Exempts a plan from the reporting and disclosure requirements of this Act if a State Governor certifies to the Secretary of Labor that: (1) State requirements are substantially equivalent to those of this Act; (2) the State can adequately administer its requirements; and (3) the State can adequately collect the requisite reports. Requires the Secretary of Labor to terminate any certification if a State is not meeting Federal requirements. Requires the plan administrator to: (1) publish a summary plan description; and (2) furnish such description to plan participants, beneficiaries, and specified persons. Delineates the contents of such summary plan description. Requires such description to: (1) state the rights of participants and beneficiaries; and (2) include an update whenever material modifications are made to the plan. Requires the plan administrator to publish an annual report. Specifies the contents of such report. Directs such administrator to engage an independent qualified public accountant to ascertain whether the financial statements and schedules in the annual report present fairly and in all material respects the information contained in the annual report. Requires the accountant's opinion to be included in the annual report. Requires the annual report to include a financial statement containing specified information, including the most recent annual statement of assets and liabilities of a common or a collective trust held by a bank or similar institution. Requires each plan to maintain a schedule of: (1) all assets held for investment purposes during each plan year; and (2) each transaction involving a party in interest. Requires annual reports to include, with respect to a defined benefit plan, a complete actuarial statement applicable to the appropriate plan year. Directs the plan administrator to engage an enrolled actuary to prepare such statement. Delineates the contents of the actuarial statement. Requires the annual report to include a statement from an insurance organization if any plan benefits are purchased from or guaranteed by such organization. Details the contents of such statement. Requires the enrolled actuary of the plan to make an actuarial valuation at least once every three plan years. Directs the plan administrator to furnish, upon written request of certain persons, a copy of summary plan descriptions and the status of an individual's plan benefits and contributions. Provides guidelines under which the plan administrator is directed to file the annual report with either the Secretary of Labor (the Secretary) or the appropriate State Governor. Authorizes the Secretary or Governor to reject the information filed by the plan administrator, and to take the following actions: (1) retain an independent public accountant to perform an audit; (2) retain an enrolled actuary to prepare an actuarial report; or (3) bring a civil action to enforce this Act. Presents guidelines for notice and review where claims for benefits are denied. Title II: Requirements Relating to Fiduciary Functions - Requires every plan to be established and maintained by written instructions which designate at least one named fiduciary. Details the functions of named fiduciaries and trustees. Establishes fiduciary and trustee liability. Prohibits certain transactions. Authorizes the Secretary to grant specified exemptions regarding such transactions. Imposes personal liability upon fiduciaries who fail to meet the fiduciary requirements, including removal for specified violations. Prohibits persons who have been convicted of, or imprisoned for, certain offenses from holding specified positions. Requires plan fiduciaries to be bonded. Specifies exceptions. Sets forth guidelines for the bonding procedure. Sets a limitation on actions which may be brought regarding failure to meet fiduciary requirements. Title III: Administration and Enforcement - Authorizes civil actions to redress violations of this Act. Imposes personal liability upon: (1) a plan administrator who fails to comply with a request for information; or (2) any person who fails to file required forms. Authorizes a plan to sue or be sued. Grants the United States district courts exclusive jurisdiction of civil actions brought under this Act. Grants concurrent jurisdiction to State courts and Federal district courts for specified actions. Authorizes the Federal district court to award reasonable attorney's fees under certain circumstances. Provides that suits brought against the Secretary may be brought in Federal district court. Authorizes the Secretary or appropriate State official to assess and collect a civil penalty against a party in interest who has engaged in a prohibited transaction. Grants such Secretary and State official investigative powers to determine violations of this Act. Details the extent of such powers. Authorizes the Secretary to prescribe regulations to administer this Act. Directs such Secretary to cooperate with State and local governments regarding the exchange of data and information. Prohibits interference with the exercise of rights by a plan participant or beneficiary. Establishes an Advisory Council on Governmental Plans, comprised of eleven members appointed by the President. Requires Council members to be qualified to appraise the plans falling under this Act. Requires the Council to: (1) report to the President and each House of Congress regarding implementation of this Act with possible recommendations for legislation; (2) advise the Secretary and make recommendations; and (3) monitor the costs incurred by plans under this Act and recommend cost reduction measures. Directs the Secretary to furnish staff services to the Council. States that this Act supersedes any State laws regarding public employee pension benefits plans. Specifies exceptions. Authorizes appropriations.
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 · 6 March 1984
Amends the Federal Food, Drug, and Cosmetic Act to require nonrestaurant retail food products containing imported fish to be labeled to show the country from which the fish was imported.
United States · United States Congress · 5 March 1984
Declares that Congress asks the American people to take cognizance of the commemoration of the 40th anniversary of the liberation of Rome on June 2 through June 3, 1984.
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
Authorizes the President, on behalf of Congress, to present to Elie Wiesel a gold medal in recognition of his humanitarian efforts and outstanding contributions to world literature and human rights. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the public sale of bronze duplicates of such medal.
United States · United States Congress · 23 February 1984
Comprehensive Environmental Response, Compensation, and Liability Act Amendments of 1984 - Title I: Funding - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) to replace provisions for environmental taxes on petroleum, certain chemicals, and hazardous waste disposal with provisions for fees on petroleum, certain chemicals, and hazardous waste disposal and provisions for the collection, enforcement, and deposit of such fees in the Hazardous Substance Response Trust Fund. Imposes a fee of four 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. Provides that such fee shall not apply after September 30, 1990. 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. Provides that such fee shall not apply after September 30, 1990. Imposes a fee on the disposal of hazardous waste which is listed or identified under specified provisions of the Solid Waste Disposal Act. Provides that such fee shall apply only to hazardous waste disposal which is required to be carried out in compliance with hazardous waste management provisions of such Act, and shall not apply to the treatment of any hazardous waste, including thermal treatment by incineration at a facility for which a permit is in effect under hazardous waste management provisions of such Act. Sets the amount of such fee at: (1) $20 per ton of assessable hazardous waste which is disposed of by means other than underground injection; and (2) $10 per ton of assessable hazardous waste which is disposed of by means of underground injection. Requires the owner or operator of the facility to pay such fee with respect to the disposal of any hazardous waste at a facility for which a permit is in effect under the hazardous waste management provisions of the Solid Waste Disposal Act. Requires the person disposing of the hazardous waste to pay such fee with respect to any other disposal of hazardous waste. Sets forth special rules relating to such fee on disposal of hazardous waste. Provides that no such fee shall be imposed on the disposal of any solid waste which is required to be studied under specified provisions of the Solid Waste Disposal Act unless, after receipt of the required studies, the Congress enacts legislation respecting the application of such fee to such solid waste. Makes the fee on disposal of hazardous waste effective on October 1, 1985. Provides that such fee shall not apply after September 30, 1990. Directs the Administrator of the Environmental Protection Agency (EPA) 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 inspection of records and access under hazardous waste management provisions of the Solid Waste Disposal Act and specified provisions of this Act for purposes of carrying out this title. Sets forth criminal and civil penalties for specified violations of this title. Requires that revenues from fees established under this title be deposited in the Hazardous Substance Response Trust Fund. Authorizes appropriations to the Fund for FY 1986 through 1990. Title II: Amendments Relating to Response Authorities under CERCLA - Amends CERCLA to revise provisions relating to response authorities. Revises provisions relating to the State share of certain costs. Prohibits the Administrator from providing specified remedial actions unless the State in which the release first occurs enters into a contract or cooperative agreement with the Administrator providing specified assurances deemed adequate by the Administrator. Limits the State share to: (1) ten percent of the future operation and maintenance costs of any onsite remedial actions provided for the expected life of such actions, as determined by the Administrator, and ten percent of costs of the remedial action; or (2) 50 percent of any sums expended in response to a release or threatened release at a facility (not including navigable waters or the beds underlying those waters) that was owned and operated by the State or local government at the time of any disposal of hazardous substances therein, including all future operation and maintenance costs of any onsite remedial action. Directs the President to reimburse from the Fund any State which has paid, at any time after the enactment of CERCLA, in excess of ten percent of the costs of remedial action at a facility owned but not operated by the State or local government. Repeals specified provisions relating to CERCLA preemption of State law (thus allows States to require taxes or other contributions to State funds similar to Superfund. Authorizes States to bring abatement actions under CERCLA in Federal district courts and to take other necessary abatement actions, including issuing orders to protect public health and welfare and the environment. Raises the amount of the fine for willful violations of, or failures or refusals to comply with, such abatement orders of the President (or of a State). Sets forth provisions for citizen petitions for evaluation of facilities included in the emergency and remedial response information system (ERRIS). Allows any person, in the case of any release or threatened release at an ERRIS facility, to petition the Administrator to evaluate such facility in accordance with the hazard ranking system under the national contingency plan in order to determine the national priority of such release or threatened release. Directs the Administrator, upon receipt of any such petition, to promptly commence such evaluation or provide a written explanation as to why such evaluation is not warranted. Authorizes the Administrator to make grants available to any group of individuals which may be affected by a release or threatened release at any facility which is listed under the national priorities list under the national contingency plan for the purpose of enabling such group to obtain technical assistance to review and assess data and information prepared by the Administrator in connection with: (1) the evaluation of such facility under the hazard ranking system; or (2) any proposed plan for remedial action at such facility. Allows only one such grant with respect to any single facility. Limits the amount of any such grant to $40,000. Requires each grant recipient to contribute at least one-eighth of the total costs of the review and assessment. Sets forth standards for cleanup actions under CERCLA response authorities. Provides that the remedial action selected shall require that the level or standard of control of each hazardous substance, pollutant, or contaminant be consistent with such standards under other relevant provisions of law. Directs the Administrator to make any revisions in the national contingency plan necessary to carry out such purpose. Permits waivers of such standards if: (1) an alternative remedial action will provide protection of human health and the environment substantially equivalent to the remedial action which would be necessary to comply with such standards; or (2) compliance with such standards at the site or facility in question will consume such a disproportionate share of the Fund resources as to have the effect of deferring or preventing remedial action at other sites or facilities which pose a significantly greater threat to human health and the environment. Provides that no permit shall be required under Federal, State, or local law for any removal or remedial action undertaken by any person pursuant to CERCLA 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 standards for CERCLA cleanups. Includes (by removing an exclusion) under the definition of "hazardous substance" for purposes of CERCLA response and liability provisions: petroleum (including crude oil) and natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Includes (by removing an exclusion) under the definition of "pollutant or contaminant" for purposes of CERCLA response authorities: petroleum (including crude oil) and natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). Sets forth a regulatory program with standards for underground storage tanks. Directs the Administrator, within 12 months after the enactment of this Act, to promulgate regulations establishing performance standards, applicable to owners and operators of underground storage tanks used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons, in order to prevent releases into the environment for the operational life of the tank. Provides that such regulations shall apply only to underground storage tanks located on property used primarily for commercial or governmental purposes. Directs the Administrator to distinguish in such standards between requirements for new tanks and those for tanks already in existence. Sets forth requirements which must be included in such standards. Authorizes the Administrator to implement such standards through: (1) promulgation of regulations made effective in accordance with specified hazardous waste management provisions of the Solid Waste Disposal Act; or (2) establishment of a permit program if necessary. Provides that such permits may be required for any person or category of persons who stores any hazardous substance, including gasoline or any other liquid hydrocarbon, in an underground storage tank located on property primarily used for commercial or governmental purposes. Provides that specified provisions of the Solid Waste Disposal Act shall apply to the program and requirements established under this Act in the same manner as such provisions apply to the hazardous waste regulation program under such Act. Provides that the failure or refusal of an owner or operator of any underground storage tank to provide to a supplier of any hazardous substance, including gasoline or any other liquid hydrocarbon, appropriate evidence of compliance with standards established under this Act shall constitute a defense to any enforcement action brought under any other authority of law to require such supplier to deliver any such substance to such tank. Sets forth criminal penalties for persons who knowingly commit material violations or omissions with respect to requirements established by the Administration under the regulatory program established by this Act, if such violation or omission results in a release or threatened release of any hazardous substance (including gasoline or other liquid hydrocarbon) from an underground storage tank. Authorizes appropriations for FY 1985 through 1987 to carry out this regulatory program. Provides that up to 50 percent of such appropriations in any such fiscal year may be used to make grants to States for development and implementation of State programs to carry out this regulatory program. Directs the Administrator, within one year after the enactment of this Act, to conduct a study regarding underground storage tanks which are located on residential property and used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of such study, with recommendations on whether such tanks on residential property should be subject to requirements under this regulatory program. Makes CERCLA national contingency plan provisions applicable to federally owned or operated facilities. Directs the Administrator, within one year after the enactment of this Act, to: (1) apply specified criteria (for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action) to each facility owned or operated by a Federal agency at which there is a release or threatened release of any hazardous substance or pollutant or contaminant; and (2) revise the national priority list (based on such criteria) to include such Federal facilities in the same manner and to the same extent as non-Federal facilities. Provides for remedial investigations and feasibility studies at Federal facilities. Directs each Federal agency with administrative jurisdiction over any facility included on the national priority list under the national contingency plan to conduct, in accordance with such plan, a remedial investigation and feasibility study with respect to such facility. Requires that such investigations and studies be completed by December 31, 1986. Directs the Administrator to approve such investigations and studies which are consistent with the national contingency plan. Directs the Federal agency involved to commence remedial actions at such facility within 120 days after such approval by the Administrator. Includes references to "pollutants" or "contaminants," in addition to "hazardous substances," under CERCLA liability provisions. Revises the statute of limitations under CERCLA claims procedure provisions to allow presentation of claims and commencement of specified cost recovery actions until six years after the date of completion of the response action. Limits court review of abatement orders under CERCLA to actions to: (1) enforce such orders; (2) recover penalties for violations of such orders; or (3) recover punitive damages in connection with such order. Provides that, in any action under CERCLA liability provisions, the results of any EPA laboratory tests to determine what substances are present at the site of the release or threatened release may be introduced into evidence and shall be presumed to be accurate. Provides that such presumption shall be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Includes interest on the costs and damages referred to in CERCLA liability provisions among the amounts recoverable in actions under such provisions. Provides for access authorities under CERCLA response authorities. Establishes civil penalties for noncompliance with EPA or State requests for such access. Sets forth requirements for the use of settlement funds obtained under CERCLA. Requires that any costs or damages recovered by the Administrator in any settlement of an action brought under liability provisions with respect to a release at a facility shall be retained by the Administrator and used only for removal or remedial action (or both) at such facility, except to the extent that the amount of settlement exceeds EPA expenses (after receipt of the settlement) for removal and remedial action at such facility. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR), on or before September 30, 1991, to also carry out health effects studies at a total of 75 top priority sites on the national priority list under the national contingency plan. Provides that such sites shall be the 75 which the ATSDR determines to present the most significant risk to human health. Authorizes for the period FY 1986 through 1990 the use of not more than $20,000,000 of the amounts available for payments to the Secretary of Health and Human Services for costs incurred in carrying out ATSDR responsibilities under CERCLA. Provides that such sums shall remain available until expended. Authorizes for the period FY 1986 through 1990 the use of not more than $50,000,000 of the amounts available in the Fund for grants to States to implement State response actions which are consistent with the national contingency plan in the case of States which have demonstrated the ability and willingness to carry out a high level of such response actions and which are authorized to carry out State programs under hazardous waste management provisions of the Solid Waste Disposal Act. Authorizes for the period FY 1986 through 1990 the use of not more than $25,000,000 of the amounts available in the Fund for grants for research and development activities regarding innovative technologies which may be used in removal and remedial actions under CERCLA. Deletes a condition that a guarantor must be "acting in good faith" in order for certain limitations of liability to apply. Repeals specified provisions for transfer of liability to the Postclosure Liability Fund. Directs the Administrator, within six months after enactment of this Act, and after consultation with the States, to submit a report to the Congress with a schedule for the cleanup of sites which are listed on the national priority list under the national contingency plan. Repeals provisions authorizing the use of the Fund to pay the costs of Federal or State efforts in the restoration, rehabilitation, or replacement or acquiring the equivalent of any natural resources injured, destroyed, or lost as a result of a release of a hazardous substance. Repeals provisions authorizing the President or a State to assert claims against the Fund for injury to, or destruction or loss of, natural resources resulting from a release or threatened release of a hazardous substance from a vessel or a facility.
United States · United States Congress · 23 February 1984
Phantom Tax Reform and Least Cost Electric Energy Planning Act of 1984 - Title I: State Regulated Electric Utilities - Amends the Public Utility Regulatory Policies Act of 1978 to provide that a State regulatory authority may hold hearings with respect to the adoption of a least system cost plan (a plan for meeting the demand for electric energy services which is reliable and which meets or reduces the electric power demand of retail consumers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative measures) for the electric utilities with respect to which the State regulatory authority has ratemaking authority. Authorizes a State regulatory authority which adopts a least system cost plan for an electric utility to approve or establish a rate schedule for such utility which provides for the ratemaking treatment of the investment tax credit and the depreciation expenses and accelerated cost recovery deductions in a manner which will further the purposes of the plan. Provides that such treatment shall apply in lieu of Federal income tax provisions regarding the treatment of such amounts for ratemaking purposes. Title II: Federally Regulated Electric Utilities - Amends the Federal Power Act to authorize the Federal Energy Regulatory Commission to conduct hearings with respect to the adoption and implementation of a least system cost plan for electric utilities which are subject to the Commission's jurisdiction. Provides that if the Commission adopts such a plan for an electric utility, the Commission may, in approving or establishing a rate schedule for such utility, provide for such ratemaking treatment of the investment tax credit and of depreciation expenses and accelerated cost recovery deductions as will further the purposes of the plan and provide a current return to the ratepayers of the tax benefits attributable to such credit or deductions which exceeds the current return available under a specified adjustment to the methods for determining such credit and deductions. Provides that such treatment shall apply in lieu of Federal income tax provisions regarding the treatment of such amounts for ratemaking purposes. Title III: Investment Tax Credit and Depreciation - Makes technical amendments to the Internal Revenue Code in conformity with this Act.
United States · United States Congress · 23 February 1984
Makes supplemental appropriations for FY 1984 to carry out title II (famine relief provisions) of the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480).
United States · United States Congress · 23 February 1984
Directs the President to: (1) secure from the Indochina nations a full accounting of Americans captured or missing as a result of the Vietnam conflict; and (2) work for the release of captive Americans and the return of the remains of those American servicemen and civilians who died in Southeast Asia. Requires the President to submit two reports to Congress on American POW/MIAs in Southeast Asia.
United States · United States Congress · 21 February 1984
Atlantic Striped Bass Restoration Act of 1984 - Imposes a three-year moratorium on fishing for Atlantic striped bass in order to allow restoration of such species. Authorizes the Administrator of the National Oceanic and Atmospheric Administration to terminate or extend (for up to 24 months) the moratorium under specified circumstances. Sets forth procedures for consultation, public notice, and opportunity for public comment prior to final determinations of moratorium termination or extension. Exempts such determinations from judicial review. Sets forth civil and criminal penalties for noncompliances with the provision under this Act. Declares that any vessel connected with a violation shall be subject to forfeiture to the United States. Grants jurisdiction to the United States district courts over civil forfeitures. Directs the Administrator to enforce this Act as well as monitor the Atlantic striped bass fisheries in certain waters. Authorizes appropriations.
United States · United States Congress · 9 February 1984
Methanol Energy Policy Act of 1984 - Title I: Methanol Demonstration Program for Federal Vehicles - Requires the Secretary of Energy to acquire at least 1,000 methanol-powered passenger automobiles during FY 1985 and conduct studies with respect to the performance and maintenance of such vehicles. Requires that methanol be offered for sale to the public for use in other vehicles through September 30, 1989. Authorizes the Secretary to provide Federal agencies with such methanol-powered vehicles at their request. Requires the agencies to cooperate with the Secretary in studies related to such vehicles. Sets forth reporting requirements which apply to the Secretary. Title II: Demonstration Program for Methanol- Powered Buses - Amends the Urban Mass Transportation Act of 1964 to permit State and local entities which are eligible for grants under any other provision of such Act to apply to the Secretary of Transportation for grants for the acquisition of methanol-powered buses. Requires grant recipients to participate in a demonstration program under which the Secretary shall conduct studies and tests with respect to the performance and maintenance of such buses. Authorizes appropriations for FY 1985 for supplemental grants. Authorizes appropriations for FY 1985 through 1989 for the demonstration program. Sets forth reporting requirements which apply to the Secretary. Title III: Interagency Commission on Methanol - Establishes the Interagency Commission on Methanol to develop and coordinate implementation of a national methanol energy policy. Requires the Commission to: (1) perform various studies with respect to the production, use, and promotion of methanol as a fuel; (2) develop a plan for the commercialization of methanol; (3) develop a public-awareness program on methanol as a transportation fuel; (4) coordinate Federal efforts with respect to methanol research and commercialization; and (5) ensure communication between Federal agencies involved in methanol demonstration projects and establish an information clearinghouse for parties working with or interested in methanol and related projects. Requires the Chairman of the Commission to establish a private sector advisory panel to inform the Commission about methanol-related matters. Sets forth reporting requirements which apply to the Commission. Terminates the Commission upon the submission of its last report. Authorizes appropriations for FY 1985 through 1989 to carry out this title. Title IV: Pipeline Study - Requires the Secretary of Transportation to study and report to Congress on the transportation of methanol through the interstate liquid pipeline system in the United States. Title V: Allocation of Highway Revenues - Provides that for purposes of the minimum allocation of highway revenues to States, the amount of estimated tax payments attributable to highway users in any State shall be increased by the estimated amount of tax such users would have paid if there were no special tax rate or tax exemption under the Internal Revenue Code for any liquid which is at least 85 percent methanol, ethanol, or other alcohol. Title VI: Tax Incentives for the Use of Methanol As A Fuel - Amends the Internal Revenue Code to allow a tax credit of $1,000 for each passenger automobile purchased by the taxpayer the primary fuel for which is methanol, which is domestically manufactured, and the original use of which commences with the taxpayer. Imposes a tax of four and a half cents a gallon in the case of methanol or ethanol fuel: (1) sold by a person to an operator of a motor vehicle or motorboat as fuel; or (2) used by any person as a fuel in a motor vehicle or motorboat unless there was already a taxable sale of such liquid. Permits a tax exemption for methanol produced from natural gas if such methanol is used for an off-highway business use.
United States · United States Congress · 9 February 1984
Federal Money Management Act of 1984 - Requires custodians of public money, including a disbursing official having public money not for current expenditure, to deposit funds not later than three business days after the date of receipt.
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.
![Official portrait of Rep. Schneider, Claudine [R-RI-2]](https://www.congress.gov/img/member/s000136_200.jpg)