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Rep. Shannon, James M. [D-MA-5]

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519 records where Rep. Shannon, James M. [D-MA-5] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HJRESH.J.Res. 514 (98th)open

A joint resolution entitled: Hazardous Substances "Right to Know" Resolution.

United States · United States Congress · 12 March 1984

States that: (1) all persons in the workplace have a fundamental right to know when they are handling or are exposed to substances hazardous to their health; (2) the Hazard Communication Standard should immediately be revised by the Occupational Safety and Health Administration (OSHA) in order to disseminate meaningful information to workers regarding the identity and composition of hazardous substances to which workers are exposed or which they handle; (3) the Hazard Communication Standard should be immediately revised by OSHA to extend "Right To Know" protection to workers in all industries and services not presently covered by the Standard; and (4) such Standard should set minimum Federal requirements which may be exceeded by more stringent State requirements. Commends those States and local governments which have acted to safeguard workers' health and which have passed community "Right To Know" laws.

Bill· HRH.R. 5081 (98th)open

Fair Trade in Steel Act of 1984

United States · United States Congress · 8 March 1984

Fair Trade in Steel Act of 1984 - Declares that it is the policy of Congress that access to the U.S. market for foreign-produced carbon, alloy, and specialty steel mill products should be on an equitable basis to safeguard national security, insure orderly trade in steel mill products, reduce unfair trade in steel mill products, and alleviate U.S. balance-of-payments problems. Expresses the intent of Congress to: (1) expand the economic viability of the U.S. steel industry and the jobs of its workers; (2) prevent the further decline of the domestic steel industry; and (3) temper the economic hardships resulting from unemployment in steel industry communities by encouraging reinvestment in existing steelmaking facilities. Limits annual imports of specified steel mill product categories to specified percentages of the apparent domestic supply which are based on adjusted average import penetration levels for each such product category for the years 1979, 1980, and 1981. Directs the Secretary of Commerce to allocate global product limitations among foreign countries, groups of countries, or areas. Sets forth guidelines for making such allocations. Requires the Secretary to make an annual determination of the expected apparent domestic supply in each steel mill product category. Requires the Secretary to revise such determination periodically during the year. Directs the Secretary to determine, within 90 days after the effective date of this Act, whether the steel industry companies have plans to use substantially all of the cash flow from the steel sector for reinvestment in and the modernization of the steel sector. Prohibits the import restrictions from taking effect until the Secretary determines that the steel companies have such plans. Directs the Secretary to monitor steel sector investments made and announced by the steel industry and to consult with steel industry representatives and employees in the course of such monitoring. Directs the Secretary to determine annually whether steel companies are using substantially all the cash flow from the steel sector for reinvestment in and modernization of the steel sector. Directs the Secretary to modify or suspend the relevant import restrictions if the Secretary determines that substantially less than all the cash flow from the steel sector is being used for such reinvestment and modernization and that the level of investment is not demonstrably justified by adverse financial conditions within the industry. Directs the Secretary to publish: (1) each annual determination and its rationale; and (2) the total amount of cash flow from the steel sector and the total amount used for reinvestment in and modernization of the steel sector. Requires the steel companies to provide the Secretary with the information necessary for making such determinations. Directs the Secretary to examine the supply and demand situation in the United States for a specified steel product category if requested by affected steel consumers. Sets forth criteria to be used in determining short supply. Directs the Secretary to monitor imports of fabricated steel mill products. Sets forth the method of investigating whether imports of fabricated steel products are rendering ineffective or materially interfering with the objectives of this Act. Limits the quantity of iron ore that may be entered from all sources during any calendar year after the effective date of this Act. Directs the Secretary to allocate global iron ore limitations among foreign countries, groups of countries or areas. Sets forth guidelines for making such allocation. Directs the Secretary, in making such allocations, to attempt first to accommodate the requirements of individual steel mills which have been traditionally dependent on ocean sourced foreign iron ore and the requirements of contractual obligations incurred before January 1, 1984. Authorizes the Secretary to waive the import restrictions on iron ore if necessary to meet the needs of such individual steel mills. Provides for the enforcement and implementation of this Act.

Bill· HRH.R. 5094 (98th)open

A bill to amend the Internal Revenue Code of 1954 to revise and extend the targeted jobs credit.

United States · United States Congress · 8 March 1984

Amends the Internal Revenue Code to extend the targeted jobs income tax credit from 1984 to 1989. Increases the amount of wages which may be taken into account for such credit from $6,000 to $10,000 per year. Revises the definition of "members of economically disadvantaged families" to increase from 70 percent to 80 percent of the Bureau of Labor Statistics' lower living standard the amount of income a family may have in order to qualify as a member of a targeted group.

Bill· HRH.R. 5092 (98th)open

A bill to require periodic, detailed reports to the President and the Congress by the Equal Employment Opportunity Commission, the Secretary of Labor, and the Attorney General describing actions taken to enforce Federal laws prohibiting discrimination in compensation on the basis of sex, race, religion, color, or national origin and to reaffirm the provisions in Federal law which declare that equal pay should be provided for work of equal value.

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.

Bill· HRH.R. 5084 (98th)open

Hazardous Air Pollutants Amendments Act of 1984

United States · United States Congress · 8 March 1984

Hazardous Air Pollutants Amendments Act of 1984 - Title I: - Amends the Clean Air Act ("the Act") to provide for the control of hazardous air pollutants from stationary and mobile sources. Provides for expedited listing of hazardous air pollutants. Directs the Administrator of the Environmental Protection Agency (EPA), within 90 days after enactment of this Act, to classify 35 substances into two categories for purposes of determining whether such substances are hazardous air pollutants as defined under provisions for national emission standards for hazardous air pollutants (NESHAPs). Requires that 25 substances, including each of the 22 substances listed in specified testimony of the Administrator before Congress, be classified in the first category. Requires that ten additional substances, from among the 37 substances identified to Congress on a specified date by the EPA as being in the assessment phase of the review process, be classified in the second category. Authorizes the Administrator, at any time up to 90 days before the commencement of specified determination proceedings for any substance in the second category, to substitute for that substance another substance if the Administrator determines that there is a higher priority for determining whether the substitute substance is a hazardous air pollutant. Directs the Administrator to republish the classification with a statement of the reasons for such substitution. Directs the Administrator to commence hazardous air pollutant determination proceedings concerning: (1) the 25 substances in the first category, within 90 days after enactment of this Act; and (2) the ten substances in the second category, within one year after such enactment. Requires that such proceedings include an opportunity for a public hearing. Directs the Administrator to solicit and consider the advice of the Science Advisory Board in making a determination in such proceedings. Directs the Administrator to establish a docket for such proceeding containing all relevant information and analyses in EPA's possession. Directs the Administrator to make a hazardous air pollutant determination for each substance: (1) in the first category by January 1, 1986; and (2) in the second category by January 1, 1987. Directs the Administrator, simultaneously with such determination, to include any substance determined to be a hazardous air pollutant on the required published list and to publish a list of all categories of stationary sources which emit such pollutant. Directs the Administrator, for each category of stationary sources listed as emitting a hazardous air pollutant which was classified in the first category and subsequently listed, to: (1) publish proposed national emission standards (and, if necessary, proposed interim standards) by January 1, 1987; and (2) promulgate national emission standards (and, if necessary, interim standards), by January 1, 1988. Requires, for categories of stationary sources listed as emitting hazardous air pollutants classified in the second category and subsequently listed, publication of proposed standards by January 1, 1988, and promulgation of standards by January 1, 1989. Makes requirements under this Act relating to such expedited listing of, and promulgation of standards for, hazardous air pollutants nondiscretionary duties of the Administrator, for purposes of citizen lawsuit provisions of the Act. Allows any person to bring a civil action to require the Administrator to make any classification, commence any proceeding, make any determination, list any substance, or propose or promulgate any standard in accordance with specified provisions of this Act. Provides that the notice requirement under citizen lawsuit provisions shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite its consideration of such action. Requires that a substance be treated as listed as a hazardous air pollutant until the Administrator makes a determination, if the Administrator has not made the required determination by the specified deadline. Directs a court to issue an order requiring a substance classified in the first or second category to be treated as listed as a hazardous air pollutant until the Administrator completes further proceedings, if: (1) the Administrator determines that such substance is not a hazardous air pollutant; and (2) the court reviewing such determination for any reason remands such determination to the Administrator for further proceedings. Directs the Administrator, on or before January 31, 1987, to commence hazardous air pollutant determination proceedings for each substance which: (1) has been classified, prior to January 31, 1987, by the national toxicology program as a known carcinogen or as a substance which may reasonably be anticipated to cause cancer; (2) is an air pollutant; and (3) has not been the subject of a determination under provisions of this Act for the 35 substances classified in two categories. Requires that such proceeding be completed within one year from the date required for commencement. Provides for annual hazardous air pollutant determination proceedings beginning on or before January 31, 1988, for each air pollutant which has been classified during the preceding year by the national toxicology program as a carcinogen or as one which may reasonably be anticipated to cause cancer. Requires that such proceedings be completed within one year from the date required for commencement. Revises provisions for NESHAPs. Directs the Administrator to publish and revise a list which includes each air pollutant which has been determined to be a hazardous air pollutant. Requires that such list also be revised to include the pollutants listed in accordance with the timetables established under this Act (including the pollutants listed by operation of law if the Administrator has not made a required determination by the specified deadline). Provides for emissions standards for control of hazardous air pollutants from stationary sources. Directs the Administrator to publish with the listing of a hazardous air pollutant (including a listing by operation of law) or the revision of such listing a list or revised list of all categories of stationary sources which emit such air pollutant. Requires that such list of source categories be revised whenever necessary to include all categories of stationary sources which emit any hazardous air pollutant listed. Directs the Administrator, within one year after listing a hazardous air pollutant, to publish proposed national emission standards (and, if necessary, proposed interim standards) for each category of stationary sources listed as emitting such air pollutant. Directs the Administrator, within one year after proposal of such standards, to promulgate national emission standards (and, if necessary, interim standards) for each such category of new stationary sources. Requires that such standards be established at a level which, in the Administrator's judgment, provides an ample margin of safety to protect public health. Authorizes the Administrator to also promulgate such an interim standard if a specified determination is made. Prohibits, with specified exceptions, the promulgation of any such interim standard at any time other than simultaneously with the initial promulgation of the national emission standard applicable to the emission of the hazardous air pollutant from such category of stationary sources. Prohibits revision of any such interim standard to make it less stringent after the date on which it takes effect. Allows promulgation of any such interim standard only if the Administrator determines that the national standard for such sources requires an emissions level of that hazardous air pollutant which is lower than the lowest level achievable (as determined at the date of promulgation) by the application of all potential emission reduction measures. Limits the period for which any such interim standard may remain in effect to six years after the date of the initial promulgation of the applicable national standard. Provides that any such interim standard shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures. Defines "all potential emission reduction measures" as all measures or techniques for the reduction of emissions of the hazardous air pollutant concerned, except those which the Administrator finds to be technologically infeasible at the time of the determination on the date of promulgation. Includes the use of advanced emission control technology, closed systems, or substitute raw materials, processes, or products among such measures and techniques, except those found technologically infeasible. Prohibits any such national emissions standard or interim standard applicable to the emission of any hazardous air pollutant from being less stringent than the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of proposal of the standard) by any source in the category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any permit (as of the date of proposal of the standard) applicable to any such source. Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources for purposes of establishing such national emission standards (including interim standards) for stationary sources emitting hazardous air pollutants. Directs the Administrator to revise such national standards where appropriate following periodic review. Directs the Administrator to complete a review of each such national standard within eight years from the date of promulgation, and at eight-year intervals thereafter. Directs the Administrator, within four years after enactment of this Act, to: (1) complete a review of each national emissions standard for hazardous air pollutants in effect on December 1, 1983, applicable to each hazardous air pollutant listed prior to December 31, 1983; and (2) revise the national emission standard (and if necessary promulgate an interim standard) for such hazardous air pollutant in accordance with this Act. Establishes permit requirements for new or modified sources of hazardous air pollutants. Requires such permits to be obtained from the Administrator or a delegated State prior to: (1) construction of any new stationary source which emits any hazardous air pollutant listed under the Act; or (2) modification of any existing stationary source which emits any such listed hazardous air pollutant if such modification will increase the emission of that hazardous air pollutant. Provides that such permits shall require compliance by the source with an emission limitation applicable to the hazardous air pollutant concerned which provides an ample margin of safety to protect public health. Allows an interim limitation for a specified period if such emission limitation would require an emissions level lower than the lowest level achievable by application of all potential emission reduction measures. Limits the period for which any such interim emission limitation included in a permit may remain in effect to six years after the earlier of: (1) the date of initial promulgation of a national emission standard applicable to the emission of such hazardous air pollutant from sources in the category concerned; (2) the date of the required revision to conform with this Act of such standards promulgated before the enactment of this Act; or (3) the date of issuance of the permit. Provides that each such interim limitation shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures as determined at the time of issuance of the permit. Requires that any emission limitation or interim emission limitation established in such permits and applicable to the emission of any hazardous air pollutant be at least as stringent as the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of issuance of the permit) by any source or category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any other permit (as of the date of issuance of the permit concerned) applicable to any such source. Requires that any emission limitation or interim emission limitation established in such a permit be at least as stringent as any applicable interim standard promulgated or, if no such interim standard has been established, any applicable national emission standard promulgated. Establishes permit requirements for control of hazardous air pollutants from existing stationary sources. Makes it unlawful for an owner or operator to operate an existing source without a permit one year after promulgation of a national emissions standard applicable to hazardous air pollutant emissions from sources in such category (or one year after the enactment of this Act in the case of any standard promulgated before such enactment). Sets forth provisions for standards under such existing source permits which are similar to those for new and modified source permits. Authorizes the Administrator to grant a waiver permitting an existing source a period of up to two years after the effective date of the permit requirement to comply with the requirement, upon determination that such period is necessary for the installation of controls and that steps will be taken during the waiver period to assure that the health of persons will be protected from imminent endangerment. Allows the source owner or operator, prior to expiration of such waiver period, to apply to the Governor of the State in which the source is located for an emergency extension of the waiver for up to three years from its expiration date. Authorizes the Governor, after statewide notice and opportunity for public hearing and upon making specified determinations, to petition the President to grant such extension. Requires consultation with the Governor of any other State whose residents may become exposed to such source emissions, and statewide notice and opportunity for residents of such other State to participate in the public hearing on such waiver extension. Authorizes the President, after reviewing the hearing, public comments, and any recommendations of the Governor of another State, to grant such petition if the President specifically concurs in each of the findings of the petitioning Governor. Requires publication of the President's reasons for concurring or not concurring. Directs the President to report to Congress on each extension granted. Sets forth general requirements applicable to permits under provisions for national emissions standards for hazardous air pollutants. Sets forth such permit requirements relating to: (1) monitoring; (2) administrative procedure and judicial review of issuance; (3) delegation to State permit programs; (4) revocation, renewal, and review; and (5) fees. Authorizes the Administrator to promulgate regulations under which permits may be issued by rule to one or more classes of stationary sources which emit hazardous air pollutants in small annual amounts where such sources are numerous. Sets forth conforming amendments. Title II: Hazardous Air Pollutants from Motor Vehicles - Amends Clean Air Act provisions relating to mobile sources to establish a program for the control of motor vehicle hazardous air pollutants. Defines a "motor vehicle hazardous air pollutant" as an air pollutant emitted from a motor vehicle or motor vehicle part, whether emitted into the ambient air or the interior of the motor vehicle, which the Administrator judges to cause or contribute to air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. Directs the Administrator, within 90 days after enactment of this Act, to publish a list which includes each motor vehicle hazardous air pollutant, and to revise such list from time to time. Requires that the list include: (1) lead, ethylene dibromide, diesel particulates, and benzene; and (2) each hazardous air pollutant listed under the Act if the Administrator determines that such air pollutant is emitted from a motor vehicle or motor vehicle part. Directs the Administrator to make such determination: (1) simultaneously with the hazardous air pollutant listing; or (2) in the case of hazardous air pollutants listed before the enactment of this Act, within 180 days after such enactment. Makes requirements relating to motor vehicle hazardous air pollutants nondiscretionary duties of the Administrator for purposes of citizen lawsuit provisions. Allows any person to bring a civil action to require the Administrator to comply with any such duty. Provides that notice requirements for citizen lawsuits shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite consideration of such action. Directs the Administrator to prescribe regulations to require manufacturers of motor vehicles, motor vehicle parts, fuels, fuel additives, oil, and oil additives to report to the Administrator any pollutant which is generated in normal use of its product and which it has reason to believe may be required to be listed as a motor vehicle hazardous air pollutant. Directs the Administrator, within one year after the inclusion of any motor vehicle hazardous air pollutant on the list (except in the case of lead) to publish proposed regulations: (1) under provisions for regulation of fuels and fuel additives respecting the substance concerned; or (2) (if it is technologically infeasible to achieve the objective of controlling a motor vehicle hazardous air pollutant under provisions for regulation of fuel or fuel additives) under provisions for new motor vehicles or engines establishing an emission standard for such pollutant. Directs the Administrator, within 180 days after publication of proposed regulations for establishing an emission standard for any motor vehicle hazardous air pollutant, to prescribe an emission standard applicable to the emission of such air pollutant from new motor vehicles and engines. Requires that such standard be established at a level which the Administrator judges to provide an ample margin of safety to protect public health. Sets forth provisions for interim standards for motor vehicle hazardous air pollutants which are similar to provisions for interim standards for stationary source hazardous air pollutants under this Act. Provides that, with specified exceptions, any new motor vehicle or engine emission standard established for a motor vehicle hazardous air pollutant shall become effective beginning with the second model year which commences after the model year in which such standard is promulgated. Requires that such regulations for emission standards for control of diesel particulate emissions establish standards which are at least as stringent as the following: (1) not more than 0.2 grams per mile (gpm) for model years 1986 and 1987 light-duty vehicles; (2) not more than 0.26 gpm for model years 1986 and 1987 light-duty trucks; (3) not more than 0.08 gpm for model years 1988 and after light-duty vehicles and light-duty trucks; and (4) not more than 0.25 grams per brake horsepower-hour for model years 1989 and after heavy-duty vehicles and engines. Directs the Administrator, within 180 days after publication of proposed regulations for any motor vehicle hazardous air pollutant which is a fuel or fuel additive, to prescribe a rule controlling or prohibiting the manufacture, introduction into commerce, offering for sale, or sale of such substance. Directs the Administrator to promulgate regulations prohibiting the use of lead or lead additives in gasoline after December 31, 1986.

Bill· HRH.R. 5011 (98th)referred

A bill to clarify the intent of Congress in adopting title IX of the Education Amendments of 1972, to prohibit any educational institution which receives any federal assistance, direct or indirect, from discriminating on the basis of sex, to provide that federal departments and agencies may terminate or deny all federal financial assistance to any educational institution which discriminates on the basis of sex, and to protect women against sex discrimination by educational institutions receiving any form of federal financial assistance.

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.

Bill· HRH.R. 4942 (98th)referred

A bill for the relief of John Beals.

United States · United States Congress · 23 February 1984

Characterizes, for purposes of determining eligibility for disability benefits, a condition of a named individual as having been incurred while serving on active duty with the U.S. Navy.

Bill· HRH.R. 4934 (98th)referred

A bill to amend the Internal Revenue Code of 1954 to provide that, in the case of pension plans for police and firefighters, actuarial adjustments in the pension plan limitations will be made on the basis of age 55 instead of age 62.

United States · United States Congress · 23 February 1984

Amends the Internal Revenue Code to provide that early retirement benefits of a defined benefit plan established for policemen and firemen shall be limited by actuarial adjustments made by reference to age 55 (instead of age 62).

Bill· HJRESH.J.Res. 489 (98th)open

A joint resolution directing the President to secure a full accounting of Americans missing in Southeast Asia.

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.

Bill· HRH.R. 4908 (98th)referred

A bill to amend title 11 of the United States Code to clarify the circumstances under which collective bargaining agreements may be rejected in cases under chapter 11 of such title, and for other purposes.

United States · United States Congress · 22 February 1984

Amends the Bankruptcy Code to permit a trustee to reject or assume a collective bargaining agreement made under the authority of title II of the Railway Labor Act or the National Labor Relations Act only if and after the court approves such rejection or assumption. Requires notice to all parties and a hearing before the court may approve such a rejection. Prohibits the court from approving the rejection of a collective bargaining agreement if, absent the rejection: (1) the jobs covered by such agreement will be lost; and (2) any financial reorganization of the debtor will fail. Declares that a rejection of a collective bargaining agreement constitutes a breach at the time of such rejection. Declares that no provision of this Act shall be construed to permit the trustee unilaterally to terminate or alter any of the terms and conditions of such a collective bargaining agreement.

Bill· HRH.R. 4870 (98th)open

Medicare Solvency and Health Care Financing Reform Act of 1984

United States · United States Congress · 21 February 1984

Medicare Solvency and Health Care Financing Reform Act of 1984 - Adds a new title XXI to the Public Health Service Act entitled "Programs For Reforming the Health Care Financing System." Sets forth part A of such title entitled "State Health Care Programs." Provides that if a State transmits to the Secretary of Health and Human Services, within one year of the enactment of this Act, a statement that the State intends to submit a health care plan (described below), for purposes of making payments to the State under title XIX (Medicaid) of the Social Security Act the Federal medical assistance percentage shall be 102 percent of such percentage as otherwise determined under Medicaid for such State for up to one year. Directs the Secretary to exempt hospitals in a State from the prospective payment limits established under this Act for certain time periods occurring during the first year of the transition period (defined in part C of title XXI as the 24-month period beginning January 1985) if: (1) the State requests such treatment; (2) the State indicates an intention to have implemented a State plan under title XXI which will provide for a recoupment of any revenues received in excess of the amounts permitted under part A; and (3) the State has agreed, with respect to such hospitals, that if a State plan under this Act is not implemented by the end of the first year of the transition period, then the Secretary shall provide for such adjustment in the prospective payment limits under part I of part B as will provide for recoupment in the subsequent year of any revenues received in excess of amounts permitted. Authorizes a State to apply to the Secretary for the approval of a health care plan for the State for an initial period of up to three years, subject to disapproval. Authorizes extensions of such initial period for up to two additional years. Provides that, for any one-year period, in the case of any State with an approved plan: (1) the transitional period provisions of subpart I of part B of title XXI shall not apply; (2) requirements for reimbursement (other than those relating to beneficiary cost sharing) under title XVIII (Medicare) of the Social Security Act shall be waived and; (3) for purposes of making payments to a State under Medicaid the Federal medical assistance percentage shall, for the year the plan is in effect, be 103 percent (or 104 percent in the case of an unrestricted Medicaid plan) of the amount of the Federal medical assistance percentage otherwise determined under Medicaid and 102 percent (or 103 percent in the case of an unrestricted Medicaid plan) for any subsequent year (except for any extension period) of the amount of the Federal medical assistance percentage otherwise determined. Defines "unrestricted Medicaid plan" as a State Medicaid plan which does not impose any limitation on the scope or duration of inpatient hospital services other than requiring that such services be medically necessary. Directs the Secretary to annually review each approved plan. Requires the continued approval, for a certain time, of a plan not in compliance, if the State certifies that it will comply within a stated time period. Permits a further extension of approval if there is a trend towards compliance. Provides for the establishment of a Federal program with respect to hospitals for a State which cannot comply. Requires a State plan, in order to be approved, to meet the general requirements set forth below and, if applicable, certain requirements relating to ratesetting plans. Permits a plan, in meeting the general requirements, to be designed in a manner that meets such requirements through a ratesetting system, a voluntary system, or through the use of competitive mechanisms. Requires a plan to be designed in a manner so as to provide, to the satisfaction of the Secretary, that: (1) the amount of the total revenues per discharge for all hospitals in the State for each year beginning before 1987 in which the plan is in effect may not exceed the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor; and (2) the amount of the total revenues per discharge for all services furnished to hospitals inpatients for all hospitals in the State for each year beginning after 1986 in which the plan is in effect may not exceed the sum of the base general hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the State plan was in effect, and the population-discharge factor, plus the base physician-related hospital revenues per discharge increased by the sum of the compounded sum of the percentage limits for a year and the previous years for which the plan is in effect and provided for a limitation under this clause (2), and the population-discharge factor. Authorizes a State, at its option, to apply the test specified in clause (2) instead of the test specified in clause (1) with respect to years prior to 1986. Permits a plan, instead of meeting the above requirements, to meet such other alternative test of constraint of health care costs as the Secretary determines will not result in a greater expenditure of funds under title XVIII (Medicare) of the Social Security Act and by private payers than would have been made if the plan met the above requirements. Requires a plan to be designed so as to provide that the amount of revenues for inpatient hospital services and physicians' services to hospital inpatients and individuals entitled to benefits under parts A (Hospital Insurance) and B (Supplementary Medical Insurance) of title XVIII of the Social Security Act may not exceed the amount which would otherwise be payable (including copayments and deductibles) for such services under title XVIII. Permits a plan (other than a plan providing for the establishment of rates of hospital reimbursement for hospital inpatient services) to provide that payment under title XVIII for inpatient hospital services and for other services furnished to hospital inpatients shall continue to be made in the amounts and in the manner otherwise provided under Medicare. Requires that the unreimbursed costs incurred by hospitals in providing services to low-income, uninsured or underinsured patients (other than Medicare or Medicaid patients) be paid pursuant to a plan in an amount which must, in the aggregate, be the same proportion of total revenues as such unreimbursed costs are of total costs of patients who are neither Medicare nor Medicaid patients. Provides that such unreimbursed costs shall be paid through distribution of funds pooled at the statewide level, through a higher payment rate, or through another method approved by the Secretary. Requires a plan to have a mechanism for providing fair hearings for hospitals and any other entities aggrieved by determinations made under the plan. Requires a State to provide for the appointment of a panel, consisting of members with expertise in health care economics and service delivery, to advise in the development and implementation of its plan, periodically review and propose modifications to the plan, and establish the methodology for establishing the percentage limit used to compute hospital revenues. Requires such methodology to include the use of appropriate external price indicators, the use of data from major collective-bargaining agreements for nonsupervisory hospital employees, and other appropriate indicators of wage costs. Requires the methodology to be approved by the Secretary. Requires a plan, to the extent that it provides for meeting plan requirements through a system which provides for the establishment of rates for hospital reimbursement for hospital inpatient services by an entity other than the hospital, to meet the following additional requirements: (1) except as provided in clause (2), the plan must provide equitable treatment of all entities that pay for health services covered under the plan, of hospital employees, and of patients; (2) if the plan is established under State law, the plan must take into account the proportion of costs associated with, and services covered by, the different payors, including Medicare and Medicaid, and may not permit undue shifting of proportions of costs among the different payors; (3) the plan may not make available any discount in price to any purchaser unless the discount accurately reflects economic benefits to a hospital resulting from a service arrangement with a purchaser and the discount is made available to all other purchasers who can satisfy such service; and (4) the plan must provide a procedure whereby, upon the request of a hospital, an adjustment can be considered to the rate limitation applicable under the plan to that hospital to reflect a significant change in the inpatient hospital services, increased costs for the compensation of employees, funds necessary to provide for the efficient operation of a hospital which the State has determined should remain in operation, and higher expenses associated with a regional tertiary care institution, teaching hospital, or children's hospital. Directs the Secretary, in reviewing a plan which provides for control of hospital inpatient costs through a competitive mechanism, to take into account the degree to which the plan provides for the following or other measures to improve price competition among providers: (1) the plan provides for open enrollment periods; (2) the plan provides for the dissemination of information concerning different health benefits plans; (3) the plan encourages innovation and public incentives to new forms of health care delivery and financing; (4) there are negotiated prices and risk-sharing between insurers and health care providers; and (5) the laws of the State do not impose legal barriers to competition in negotiated and other arrangements among insurers and health care providers. Sets forth part B of title XXI entitled "Residual Federal Program subpart I of part B entitled "Transition Period." Provides that, subject to the provisions of subpart I, for any accounting period of a hospital subject to subpart I the total revenues for inpatient hospital services may not exceed the total of such revenues that are permitted on the basis of prospective payment limits established under subpart I for the hospital's discharges as classified by diagnosis-related groups. Requires each hospital subject to a limitation on revenues under subpart I to provide for the publication of a price list which establishes the price per discharge which any payor may pay for inpatient hospital services. Requires a hospital to submit its price list to the Secretary. Directs the Secretary to determine (for each accounting period) a prospective payment limit for inpatient hospital services for discharges classified by diagnosis-related groups. Sets forth the method for determining and adjusting the limit for each hospital for discharges. Authorizes the Secretary, at the request of a hospital, to increase the allowable revenues for an accounting period or provide for an increase in the base number of discharges otherwise permitted under subpart I to allow for higher revenues than would otherwise be permitted if: (1) a major renovation or replacement of physical plant or significant change in the capacity of the hospital has occurred; (2) the hospital is a sole community provider or provides a disproportionate percentage of its services to low-income or medicare patients, the hospital would otherwise be insolvent, and the State has determined that the hospital should remain open; (3) a larger revenue increase is needed because the hospital is a regional tertiary care institution, teaching hospital, or children's hospital; and (4) there has been a significant change in the characteristics of the hospital's mix of patients. Subjects a hospital which has total inpatient revenues for an accounting period in excess of its applicable limit to a civil penalty, unless the excess is deposited in an escrow account. Permits withdrawals from the account upon the Secretary's certification that the total inpatient revenues of a hospital for an accounting period fall below the applicable limit for that period. Establishes a civil penalty for a physician or other person or entity (other than a hospital) who has charged any person or entity for services which are required by law to be billed to a hospital. Sets forth provisions relating to notice, opportunity for a hearing, and appeal of such penalties. Prohibits a hospital from engaging in an admission practice that results in: (1) a refusal to admit a patient who is unable to pay for inpatient hospital services; (2) the refusal to admit a patient who would be expected to require unusually costly or prolonged treatment; or (3) the refusal to provide emergency services to any person in need of such services. Sets forth penalties, including exclusion from Medicare or Medicaid participation, for hospitals committing such admissions violations. Sets forth subpart II of Part B entitled "Post-Transition Period." Provides that in the case of a State not having a plan approved under part A and in effect for any period beginning after the transition period, the Secretary shall establish and implement a health care plan for such State for such period which meets the requirements of part A, with specified differences. Sets forth definitions under part C of title XXI. Establishes an Advisory Committee on Health Care Technologies and Procedures. Directs the Advisory Committee to examine the appropriateness of the various interventions and the conditions under which they are needed, the safety and efficacy of alternative therapeutic and preventive regimens, and the standards for availability and utilization of various technologies, and to publicly report on whether or not payments should be made for such services and, if so, under what conditions and frequency of service. Exempts individuals enrolled in health maintenance organizations and competitive medical plans from the limits established under title XXI on revenues and discharge of a hospital if: (1) the organization elects such treatment; or (2) the organization annually pays for more than 20 percent of the number of bed-days of care with respect to that hospital. Amends provisions of the Public Health Service Act relating to employees' health benefits plans to provide that if an employer makes a contribution with respect to the costs of a health benefits plan of an employee and the employer offers the option of membership in a health maintenance organization or a competitive medical plan, which membership provides benefits at least actuarially equivalent to those provided under the other health benefits plan, the employer shall: (1) contribute at least as much towards the membership as the maximum amount of the employer's contribution to the other plan; (2) provide for a cash rebate if the contribution with respect to any other health benefits plan exceeds the cost of membership with the organization; and (3) provide information to employees that reasonably compares the benefits and costs of different plans. Exempts from the provisions of the previous sentence employees of an employer represented by a collective bargaining representative or other employee representative selected under any law. Amends title XVIII (Medicare) of the Social Security Act, with respect to health maintenance organizations and competitive medical plans, to provide that the annual per capita rate of payment for each class of members shall be 100 percent in the care of individuals enrolled with an eligible organization in an area where at least 30 percent of the individuals eligible to enroll with an organization are enrolled. Amends title XIX (Medicaid) of the Social Security Act to exempt a health maintenance organization which is a public entity from the requirement that at least 75 percent of its membership be Medicaid eligible or insured under part B (Supplementary Medical Insurance) of title XVIII or under both parts A (Hospital Insurance) and B of title XVIII. Directs the Secretary, under the prospective payment provisions of title XVIII of the Social Security Act, to provide that in the case of a State health care plan approved under Part A of title XXI of the Public Health Service Act payments with respect to services covered under title XXI: (1) may, at the State's option, be made in accordance with title XXI rather than Medicare; or (2) shall be made in accordance with title XXI rather than Medicare in the case of a plan which provides for the control of hospital costs through a title XXI ratesetting mechanism. Provides for increased Medicare payments to a hospital for its operating costs if the number of admissions for an accounting period exceeds the hospital's admissions during a specified base period. Directs the Secretary to determine a regionally adjusted capital-related prospective payment rate for each inpatient hospital discharge in accordance with a specified formula. Directs the Secretary, for each diagnosis-related group, to estimate the average per discharge amount of charges recognized under part B of title XVIII attributable to items and services furnished to inpatients within such group during 1983. Provides that, subject to the part B deductible and subject to other provisions of the Medicare prospective payment rate provisions, with respect to each individual entitled to benefits under part A and enrolled under part B of title XVIII who is a hospital inpatient and whose discharge is classified within a diagnosis-related group, the Secretary shall provide for payment to the hospital of an amount equal to 80 percent of a specified rate in lieu of payments otherwise made under part B for inpatient services. Requires that: (1) payments for health care services furnished to inpatients be made to or through a hospital as a condition of the hospital's participation in the Medicare payment; and (2) the Secretary provide for notice to the public and to individuals enrolled under part B of title XVIII of the Social Security Act of such requirement. Permits the Federal Hospital Insurance Trust Fund to borrow at any time from other social security trust funds if it can repay the loan within ten years. Provides for the periodic transfer to the Federal Hospital Insurance Trust Fund from the Federal Supplementary Medical Insurance Trust Fund of amounts which the Secretary determines to be equal to a specified fraction of the total revenues of the Federal Supplementary Medical Insurance Trust Fund for each fiscal year. Directs the Secretary to conduct and report to Congress on seven studies relating to: (1) health care costs, quality, delivery, and services; and (2) the effects of this Act.

Bill· HRH.R. 4885 (98th)referred

Tax Amnesty Act of 1984

United States · United States Congress · 21 February 1984

Tax Amnesty Act of 1984 - Provides for a one-time amnesty from criminal and civil tax penalties for taxpayers who: (1) file a written statement with specified information concerning any underpayment of tax; (2) pay the amount of such underpayment when filing the statement; and (3) within 30 days of notification of the amount of interest payable on any tax delinquent amount, pays the full amount of such interest or delinquency. Permits installment payments of tax due in certain cases. Disallows an amnesty period for taxpayers against whom a tax deficiency has already been assessed or who have committed fraud in seeking amnesty or against whom a criminal investigation is pending. Allows such amnesty for a six month period beginning on the date of enactment of this Act.

Bill· HRH.R. 4865 (98th)referred

Community Nursing Centers Act of 1984

United States · United States Congress · 9 February 1984

Community Nursing Centers Act of 1984 - Amends titles XVIII and XIX (Medicare and Medicaid) of the Social Security Act to include coverage for community nursing center services. Defines "community nursing center services" as any of the following items and services furnished by a community nursing center (or through such a center) either at the center, an individual's home, or other location: (1) part-time or intermittent nursing care; (2) physical, occupational, or speech theraphy; (3) necessary supportive social services; (4) part-time or intermittent services of a home health aid; (5) medical supplies; (6) well-baby and health supervision services for infants and children; and (7) related support services. Defines a "community nusing center" as either a public or private free-standing center primarily engaged in providing nursing services and which meets stated requirements with respect to items and services furnished, personnel, individuals served, and record keeping. Requires a nursing plan of care to be developed for each patient. Provides for an independent review committee to provide plan reviews and utilization reviews. Directs the Secretary of Health and Human Services to designate community nursing service areas, and no more than one community service center to serve such area (unless the Secretary determines that one such center is not adequate for such area). Directs the Secretary to conduct demonstration programs under which payment will be allowed for community nursing services provided to individuals requiring services for periods of less than three months. Directs the Comptroller General to report to Congress concerning the cost effectiveness of community nursing center services under titles XVIII, XIX and V (Maternal and Child Health Services Block Grant) of the Act.

Bill· HRH.R. 4813 (98th)open

Comprehensive Hazardous Substances Cleanup and Emergency Relief Act of 1984

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.

Bill· HRH.R. 4819 (98th)referred

Trans-Alaska Pipeline System Ratemaking Act of 1984

United States · United States Congress · 9 February 1984

Trans-Alaska Pipeline System Ratemaking Act of 1984 - States that the purpose of this Act is to establish a sound methodology to be used by the Federal Energy Regulatory Commission (FERC) to determine just and reasonable tariffs for the transportation of crude oil on the Trans-Alaska Pipeline System (TAPS). Directs FERC, in determining just and reasonable rates for the interstate transportation of petroleum through TAPS, to apply a traditional depreciated original cost ratemaking methodology. Directs FERC to: (1) determine an original cost rate base for TAPS in accordance with the general regulatory scheme used by FERC as of January 1, 1983, to set just and reasonable rates for interstate natural gas pipelines; (2) provide for a rate of return, including an allowance for inflation, on the equity portion of the depreciated original cost rate base; (3) determine the other components of the permissible tariff rates for TAPS; (4) set the final tariff rates for TAPS no later than 180 days following the effective date of this Act; and (5) allow any owner of TAPS up to one year from the effective date of the final tariffs within which to refund any overcharges. Provides FERC with authority to conduct such further proceedings and to take such further action as is necessary to regulate rates charged by the owners of TAPS. Provides the Temporary Emergency Court of Appeals with sole jurisdiction over all petitions for review of the final tariff rate established by FERC for the transportation of oil through TAPS.

Bill· HRH.R. 4784 (98th)open

Trade Remedies Reform Act of 1984

United States · United States Congress · 8 February 1984

Trade Remedies Reform Act of 1984 - Title I: Amendments to Countervailing Duty and Antidumping Duty Laws - Amends the Tariff act of 1930 (the Act) to state that: (1) the sale (or likelihood of sale) of certain imported merchandise is subject to the imposition of countervailing duties; and (2) specified references to the sale of foreign merchandise includes leasing arrangements of such merchandise. Reduces the time in which the administering authority may postpone making a preliminary determination with regard to whether a subsidy is being provided to imported merchandise. Changes notification requirements regarding postponements of such preliminary determinations (includes requiring the notification of Congress). Reduces the time in which the administering authority: (1) shall make a preliminary determination with regard to whether imported merchandise is being sold, or is likely to be sold, at less than fair value; and (2) may postpone making such a preliminary determination. Changes notification requirements regarding postponements of such preliminary determinations (includes requiring the notification of Congress). Provides that a countervailing or antidumping duty investigation may be terminated by the administering authority if such investigation was initiated by such administering authority. Prohibits the termination of such investigation by reason of any agreement to limit the volume of the import being investigated unless: (1) such agreement is offered by the country in which the subsidy practice is alleged to occur; and (2) the President determines that such agreement would not have a greater adverse effect on U.S. consumers than the imposition of countervailing or antidumping duties and accepts such agreement. Prohibits the termination of such investigation before a preliminary determination that the imported merchandise is being sold, or is likely to be sold, at less than fair market value. Eliminates as a basis for the suspension of a countervailing duty investigation by the administering authority, the offsetting of subsidies by exporters who import subsidized merchandise into the United States. Authorizes the administering authority to suspend a countervailing or antidumping duty investigation if the country in which the subsidy practice occurs agrees, or exporters of subsidized merchandise agree, to cease exports of such merchandise to the United States on the date on which the investigation is suspended. (Current law provides that exporters must agree to cease such exports of merchandise to the United States within six months after the date on which the investigation is suspended.) Provides that the administering authority may under extraordinary circumstances suspend a countervailing duty investigation upon the entering into force of a quantitative restriction agreement between the President and the country in which the subsidy practice is alleged to occur. Prohibits the administering authority with respect to the suspension of a countervailing duty investigation from accepting an agreement from a country or from exporters unless such agreement will eliminate the injurious effect of subsidized exports to the United States. Defines the term 'quantitative restriction agreement' to mean any agreement accepted by the President with the country in which the subsidy practice is alleged to occur that: (1) restricts the volume of subsidized imports into the United States; (2) will eliminate the injurious effect of such exports to the United States; and (3) would not have a greater adverse effect on U.S. consumers than the imposition of countervailing duties. Requires the President in determining whether there would be such an adverse effect to consult with consuming industries and producers of like merchandise. Prohibits the President from entering into a quantitative restriction agreement unless: (1) the President is satisfied that suspension of the countervailing duty investigation is in the public interest; and (2) effective monitoring of the agreement by the United States is practicable. Provides that if the administering authority determines that such an agreement accepted under the Act is being, or has been, violated, or no longer meets the requirements under the Act, then, on the date of publication of its determination, it shall, if it considers the violation to be intentional, notify the Commissioner of Customs. Includes in the definition of "subsidy" any export targeting subsidy, natural resource subsidy, and upstream subsidy as determined under the provisions of this Act. Defines the term "export targeting subsidy" and "natural resource subsidy". Sets forth the method of calculation for determining the level of an export targeting subsidy and a natural resource subsidy. Defines the term "fair market value" to mean the price that a willing buyer would pay a willing seller for a natural resource product in an arms-length transaction in the absence of government regulation. Requires the International Trade Commission (ITC), in making determinations under specified sections of the Act as to the volume and consequent impact of a possible material injury, to cumulatively assess the effect of imports from two or more countries of like products subject to investigation if: (1) the marketing of such imports in the United States is reasonably coincident; and (2) there is a reasonable indication that such imports will have a contributing effect in causing, or threatening to cause, material injury to the industry. Requires the ITC to consider specified factors with respect to its determination of whether there is a threat of material injury to U.S. markets by subsidized exports entering the United States. Requires the ITC, in determining whether there is a threat of material injury by reason of an export targeting subsidy, to consider: (1) the effect of the subsidy practices on the export competitiveness of the beneficiary of the subsidy; and (2) the extent to which such practices are likely to have a demonstrable adverse effect on the industry with regard to costs and availability of capital, outlays for research and development, and future investment. Includes in the term 'interested party' an association, a majority of whose members is composed of specified interested parties with respect to a like product. Defines an "upstream subsidy" as any action, as described in the Act, by a country that: (1) pays or bestows a subsidy upon merchandise under investigation that is manufactured in such country; (2) results in a price for such merchandise that is lower than its available price in such country; and (3) has a significant effect on the cost of manufacturing or producing such merchandise. Requires, in administering such definition, that the European Economic Community shall be treated as one country. Requires the administering authority to adjust the price of merchandise under investigation that is found to be upstream subsidized by the country that produced it. Requires the administering authority to include such upstream subsidy in any countervailing duty or antidumping duty that is imposed on such merchandise that has been found to have been bestowed a subsidy. Defines "downstream dumping" as occurring when a product that is used in the manufacture of merchandise under investigation is purchased at a price that is below its foreign market value. Requires the administering authority, when calculating the amount of a countervailing or antidumping duty due to downstream dumping, to include an amount equal to the difference between the foreign market value of the product and either: (1) the generally available price of the product in the country of manufacture; or (2) the price of the product if it had not been subsidized. Limits the scope of inquiry into upstream and downstream subsidies by the administering authority. Includes in the term "party-at- interest" an association composed of members of labor organizations and trade associations who produce a like product in the United States. Sets forth the method of calculating the foreign market value of merchandise produced by a country with a State-controlled economy. Requires the administering authority, in making such calculation, to determine the lowest free market price of like articles. Defines the term "lowest free-market price of like article" as the lowest average price of such merchandise, adjusted by certain factors. Requires the administering authority to verify information relied upon in making a revocation of a countervailing duty order or an antidumping duty order. Permits an officer or employee of the U.S. Customs Service who is involved in conducting an investigation regarding fraud under the Act to receive confidential information that has been submitted to the administering authority or the ITC with respect to such investigation. Requires the administering authority and the ITC with regard to information that has been requested to be kept confidential to provide that such confidential information be accompanied by specified summaries and statements. Allows the administering authority, for purposes of determining U.S. or foreign prices, to use averaging or recognized sampling techniques. Gives the administering authority the sole authority to select such techniques. Sets forth the procedure for judicial review of administering authority and ITC determinations. Adds to those determinations which are reviewable in the U.S. Court of International Trade the determination as to whether a particular type of imported merchandise is within the class of such merchandise described in a finding of dumping or in an antidumping or countervailing duty order. Sets forth the order of civil action cases before the U.S. Court of International Trade. Title II: Miscellaneous Provisions - Establishes within the ITC a Trade Remedy Assistance Office which shall provide specified information to the public upon request. Requires agencies administering a trade law to provide technical assistance to small businesses with regard to the filing of trade relief petitions. Requires the ITC to establish and implement a program to monitor the industrial policies of foreign countries in order to discover whether targeting subsidies are being planned or have been implemented. Requires the Secretary of Commerce to study the practices that are applied in making adjustments to purchase prices, exporter's sales prices, foreign market value, and constructed value in determining antidumping duties. Sets forth what shall be included in such study. Sets forth the effective dates of the amendments made by this Act.

Bill· HRH.R. 4805 (98th)open

Economic Conversion Act

United States · United States Congress · 8 February 1984

Economic Conversion Act - Title I: Prenotification of Base Closures and Defense-Related Contract Cancellations - Directs the Secretary of Defense, through the Economic Adjustment Committee, to notify State and local governments and regional organizations within a specified period of time of a proposed realinement or closure of a military installation or of the cancellation or termination of a defense contract or failure to proceed with an approved major weapon system program. Title II: Economic Conversion Pilot Program - Authorizes the Secretary to make grants for job retraining programs and planning for alternative production required by cancellation of defense contracts during FY 1985-1989. Permits one grant for each defense contract cancellation or reduction. Requires the administration of such grants at the local level by a capable unit of general local government or, through default, by the collective bargaining agents of affected employees. Directs the Secretary to make weekly assistance payments to such employees affected by a cancellation or reduction of a contract valued at $10,000,000 or more during FY 1985-1989. Sets forth a formula for determining the amount of such assistance, making allowances for unemployment compensation or public assistance received and health insurance coverage needed. Sets forth assistance application procedures and notification requirements. Makes available for such grants the amount of previously appropriated funds which the United States will save as a result of the cancellation or reduction of the defense contract.

Bill· HRH.R. 4800 (98th)open

A bill to require the Attorney General to include in the uniform crime reports information describing the incidence of certain offenses involving the expression of racial, ethnic, or religious prejudice.

United States · United States Congress · 8 February 1984

Directs the Attorney General to include within the Uniform Crime Reports the incidence of the intentional destruction of religious property (robbery, burglary, theft, arson, vandalism and trespass) and offenses against persons and property committed to express racial, ethnic, or religious prejudices (homicide, assault, robbery, burglary, theft arson, vandalism and tresspass).

Resolution· HRESH.Res. 430 (98th)passed

A resolution entitled: "The Mandela Freedom Resolution".

United States · United States Congress · 7 February 1984

Expresses the sense of the House of Representatives that the: (1) Republic of South Africa should release Nelson Mandela from prison and should revoke Winnie Mandela's banning order; (2) President should use his position to secure the release of Nelson and Winnie Mandela; and (3) Speaker of the House is requested to transmit a copy of this resolution to the President and to the Republic of South Africa.

Bill· HRH.R. 4745 (98th)referred

A bill to prohibit the United States Armed Forces from participating in additional joint military exercises with the armed forces of Honduras and to place a ceiling on the number of members of the United States Armed Forces who may be in Honduras.

United States · United States Congress · 2 February 1984

Prohibits U.S. armed forces from participating in joint military exercises with Honduran armed forces during the period beginning 30 days after enactment of this Act or on April 1, 1984, (whichever is later) and ending September 30, 1985. Limits the number of members of the U.S. armed forces in Honduras during such time to 200. Prohibits obligating or spending appropriations contrary to this Act.

Bill· HRH.R. 4589 (98th)open

A bill to amend the Coastal Zone Management Act of 1972 regarding Federal activities that are subject to the Federal consistency provisions of the Act, and for other purposes.

United States · United States Congress · 23 January 1984

Amends the Coastal Zone Management Act of 1972 to require each Federal agency conducting or supporting an activity (whether inside or outside the coastal zone) that produces an identifiable physical, biological, social or economic consequence in the zone or initiates a chain of events likely to result in such consequences to conduct or support that activity in a manner which is, to the maximum extent practicable, consistent with approved State management programs. Specifies circumstances in which a Federal agency activity may be inconsistent with approved management programs.

Bill· HRH.R. 4599 (98th)open

Federal Employees Pay Equity Act of 1984

United States · United States Congress · 23 January 1984

Federal Employee's Pay Equity Act of 1984 - Directs the Office of Personnel Management (OPM) to study and report to the President and Congress on: (1) any Government practices of setting lower wage rates within the position classification system for jobs held predominantly by women than for jobs with comparable requirements held predominantly by men; (2) the discriminatory wage differentials resulting from such practices; and (3) appropriate measures for eliminating such practices and differentials, including the use of equitable job-evaluation techniques, along with a timetable for implementing such measures within two years. Requires such measures to be instituted according to such timetable. Requires OPM, beginning in 1986, to submit to the President and Congress an annual report on actions taken during the previous year and actions planned for the current year to carry out this Act. Directs each Federal agency responsible for submitting an equal employment opportunity plan under the Civil Rights Act of 1964 to include in each plan or update a review and identification of any discriminatory wage-setting practices and wage differentials with respect to its labor force and a plan to eliminate any such practices and differentials. Requires any agency which does not submit a plan or update within one year to amend its existing plan to include such information.

Bill· HRH.R. 4561 (98th)open

A bill to amend the Internal Revenue Code with respect to the tax treatment of certain shipping income.

United States · United States Congress · 18 November 1983

Amends the Internal Revenue Code to set forth source of income rules for the tax treatment of shipping income. Provides that: (1) all shipping income attributable to transportation between two ports located in the United States shall be treated as derived from sources within the United States; and (2) 50 percent of all U.S. connected shipping income shall be treated as derived from sources within the United States. Defines "United States shipping income" and "shipping income" for purposes of this Act.

Bill· HRH.R. 4475 (98th)open

High Technology Research and Scientific Education Act of 1983

United States · United States Congress · 18 November 1983

High Technology Research and Scientific Education Act of 1983 - Title I - The Credit for Increasing Research Activities; ACRS for R&D Equipment - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Makes depreciation of research equipment eligible for the R&D credit. Eliminates the special three-year accelerated cost recovery system (ACRS) category for research equipment. Increases contract research expenses eligible for R&D credit purposes to 75 percent of the amount paid to others for research on the taxpayer's behalf. Provides that in-house and contract research expenses paid or incurred by a regular corporation will constitute qualified research expenses for R&D credit purposes. Provides that in the case of research being conducted in partnership form, the "in carrying on" test is applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Title II - Promotion of University Research and Scientific Education - Establishes a new income tax credit equal to 25 percent of payments to universities for basic research which exceed a fixed, maintenance-of-effort floor. Calculates the maintenance-of-effort floor as the greater of the annual average of university basic research payments over 1982-1983 or one percent of the average annual R&D budget over 1981-1983. Treats the portion of the university basic research payments which is not in excess of the maintenance-of-effort floor as contract research expenses eligible for purposes of computing the regular incremental R&D credit. Allows corporations an income tax deduction for contributions of scientific and technical property or services to an institution of higher education. Defines scientific property to mean computer software or other equipment used in a trade or business, which is donated for the direct education of students and faculty, for research and experimentation, or for research training in the United States in mathematics, the physical or biological sciences, engineering, or computer science. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property or services. Limits the amount of such deduction to ten percent of taxable income computed without regard to specified deductions. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Specifies that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.

Bill· HRH.R. 4560 (98th)referred

A bill to amend the general headnotes of the Tariff Schedules of the United States regarding products of the insular possessions.

United States · United States Congress · 18 November 1983

Amends the general headnotes of the Tariff Schedules of the United States to provide that, for purposes of column one duty treatment, the sum of both the value of the materials produced in the U.S. insular possessions or customs territories plus the direct costs of processing operations performed shall not be less than 30 percent of the appraised value of such article at the time of its entry into U.S. customs territory. Provides that material which could be entered duty- free shall not be taken into account in determining the appraised value of an article that is imported into the U.S. customs territory.

Bill· HRH.R. 4447 (98th)open

A bill to provide for the temporary suspension of deportation for certain aliens who are nationals of El Salvador, and to provide for Presidential and Congressional review of conditions in El Salvador and for other purposes.

United States · United States Congress · 17 November 1983

Directs the President to investigate and report to the Congress within 18 months concerning the living conditions and available assistance for El Salvadorans displaced inside and outside their country. Requires such investigation to report on the fate of El Salvadoran deportees. Requires the House and Senate Judiciary Committees to hold hearings within two years to consider appropriate U.S. steps to assure the personal safety and equitable distribution of assistance to such displaced El Salvadorans. Provides for a three-year moratorium on specified categories of El Salvadoran deportations.

Bill· HRH.R. 4404 (98th)referred

National Acid Deposition Control Act of 1983

United States · United States Congress · 16 November 1983

National Acid Deposition Control Act of 1983 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control. Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980. Directs the Administrator of the Environmental Protection Agency to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions and notify the owner or operator of each of the 50 plants listed; and (3) within four months after such enactment, after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Permits the owner or operator of any plant on the final list and the owner or operator of any other plant located in the same State to apply, within 18 months after enactment of this Act to substitute one or more fossil fuel fired steam generating units of such other plant for a unit of the plant on the list. Authorizes the Administrator to approve such a substitution under specified conditions. Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules. Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fired electric utility generating plant concerned (other than a unit for which a substitute has been approved); and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Sets forth similar emissions reduction requirements and procedures for substitute units. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases. Sets forth requirements for State plans for additional emission reductions of sulfur dioxide. Directs the Administrator, within 18 months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 12,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980 (or below that of any subsequent year designated by the Administrator as the baseline year in the case of: (1) any fossil fuel fired steam generating unit which is not part of an electric utility generating plant; or (2) any stationary source of industrial process emissions). Directs the Administrator, in computing State shares, to use the best available data and, to the extent that better data is not available, to use the inventory of emissions developed under a specified memorandum of intent on transboundary air pollution signed by Canada and the United States. Makes each State share the sum of the number of tons computed, under specified formulas, for: (1) fossil fuel fired electric utility plants in the State (except those required to comply with federally mandated emission reductions under this Act); (2) other fossil fuel fired steam generating units in the State; and (3) industrial process emitters of sulfur dioxide in the State. Directs the Administrator, on the basis of specified data and within one year after enactment of this Act, to establish a national average best available control technolgoy (BACT) emission limit for sulfur dioxide for emissions units within each category of process emitters of sulfur dioxide. Permits, under regulations promulgated by the Administrator, the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment. Sets deadlines and procedures for submission and approval of State plans for such State shares. Sets emissions limitations applicable in the absence of an approved State plan. Requires State plans for State shares to provide for emission limitations applicable to any stationary sources (other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions) in the State for which: (1) the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the baseline year; and (2) no new source standard of performance is applicable. Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share. Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to make available a portion of specified funds to each State: (1) which has in effect a State plan approved under this Act; and (2) which each plant subject to the direct federally mandated emission reduction has achieved such reduction. Sets forth a formula for determining each State's portion of such funds. Requires that such funds be used by the State, in such manner as it deems appropriate, to: (1) provide for the required State share of emissions reductions; (2) reduce, or provide refunds of, the fee on electric energy imposed under this Act; or (3) fund any other State program which it deems appropriate to carry out the purposes of this Act. Limits to five percent of the amount of the State portion the amount which may be used for administration of the State plan under this Act. Establishes a trust fund in the Treasury of the United States to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act. Directs the Administrator to make expenditures from the Fund in accordance with the following priorities: (1) the Administrator shall make payments to utilities for specified utility rate reductions; (2) not more than $10,000,000 may be made available for the limestone injection multistaged burner (LIMB) technology demonstration project; (3) not more than $10,000,000 may be made available in any fiscal year for accelerated research on other cleaner burning industrial processes; (4) not more than $25,000,000 per fiscal year for each of FY 1984 through 1988 may be made available for the mitigation program under title III; (5) the Administrator shall next make expenditures for payment of capital costs of control for plants subject to the direct federally mandated emissions reductions, allocating available amounts first to the facilities which first applied for such payment; and (6) if all expenditures for such capital costs which currently can be made have been made, the Administrator shall provide funding to States to assist compliance with State plans. Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary. Imposes, under regulations promulgated by the Administrator, a fee for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States. Makes such fee effective with respect to electric energy generated, or imported after December 31, 1984. Makes the fee cease to apply on December 31, 1995. Requires that the fee be applied during each calendar quarter at a rate per kilowatt hour which is equal to 1.5 mill multiplied by the inflation adjustment for the calendar quarter in which the electric energy is generated or imported. Sets forth a formula for determining such inflation adjustment. Exempts from such fee any electric energy (including imported electric energy) which is generated by nuclear or hydroelectric power. Requires each electric utility to determine the fraction of energy sold which is exempt from the fee to state the amount subject to such fee on each billing document. Directs the Administrator to make payments from the Fund to each electric utility which has sold electric energy to any individual customer who certifies that, at the time of such certification, he or she is: (1) receiving aid to families with dependent children under the Social Security Act; (2) receiving supplemental security income benefits under the Social Security Act; (3) receiving low-income home energy assistance under the Low-Income Energy Assistance Act of 1981; (4) a member of a household receiving food stamps under the Food Stamp Act of 1977; or (5) receiving payments under specified Federal law relating to veterans or under specified provisions of the Veterans and Survivors Pensions Improvement Act of 1978. Requires that such certification be made within 180 days after the date of the sale of the electric energy with respect to which such payment is made. Prohibits any such payment unless the Administrator determines that: (1) under applicable rate schedules, the full amount of such payment will be used to reduce the electric rates of the certified customer; and (2) the utility has established adequate procedures to assure that each customer will be informed, in the utility's periodic billings, of such payment and such rate reduction. Sets forth a formula for determining the amount of such payment. Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth: (1) the time and manner required for payment of such fee; (2) related reporting requirements; and (3) requirements applicable to the exemption and rate reduction. Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for: (1) electric utilities (or importers of electric energy) which knowingly commit such violations; and (2) persons who knowingly file any false certificate or document to obtain an exemption from the fee. Directs the Administrator to carry out a full-scale demonstration project to demonstrate the feasibility of the limestone injected multistaged burner (LIMB) technology. Limits the amount authorized to be appropriated from the Fund for such project to $10,000,000. Directs the Administrator to make such grants, contracts, and other arrangements to accelerate the research necessary to develop advanced industrial processes, including atmospheric fluidized bed construction and magnetohydrodynamics (MHD), other than the LIMB technology which may result in lower levels of sulfur dioxide and nitrogen oxides. Limits to $10,000,000 in each of fiscal year 1985 through 1989 the amount which is authorized to be appropriated for the Fund for such research. Makes conforming amendments. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bituminous or subbituminous coal and which commence construction from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal. Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour. Title III: Acid Deposition Damage Mitigation Program - Allows any State to prepare and submit for the approval of the Administrator and for comment by the Director of the U.S. Fish and Wildlife Service: (1) a survey of water quality deterioration in such State which has resulted from acid deposition; (2) a proposal for research mitigating the effects of acid deposition on terrestial and aquatic ecosystems; and (3) proposed methods and procedures to restore the quality of water in such State which has deteriorated as a result of acid deposition. Directs the Administrator, after consultation with the Director, to provide from the Fund financial assistance to States to carry out measures and procedures for restoration which have been approved by the Administrator. Limits the amount granted under this title to any State for any fiscal year to 80 percent of the funds expended by such State in such year for carrying out such methods and procedures. Directs the Administrator to provide for equitable distribution of sums appropriated under this title among States with approved methods and procedures. Requires that such distribution be based on the relative need of such State for the restoration of water quality which has deteriorated as a result of acid deposition. Provides that the amount of any grant to a State under this title shall be in addition to, and not in lieu of, any other Federal financial assistance.

Bill· HRH.R. 4428 (98th)referred

Congressional Campaign Finance Reform Act of 1983

United States · United States Congress · 16 November 1983

Congressional Campaign Finance Reform Act of 1983 - Amends the Internal Revenue Code to allow a nonrefundable income tax credit for contributions to candidates for the office of U.S. Representative. Limits the amount of such credit to $100 for any one qualified candidate, and $200 for all qualified candidates. Requires that such contributions be verified in accordance with regulations promulgated by the Secretary of the Treasury. Prohibits a candidate from misrepresenting his eligibility for office or the eligibility of a potential contributor for the tax credit. Requires the Secretary to report to the Congress on the use of such political tax credits not later than June 30 following each Federal election. Adds a new title to the Federal Election Campaign Act of 1971: "Title V: Financing of General Election Campaigns for the House of Representatives." Sets forth requirements for the qualification of candidates for the U.S. House of Representatives to receive contributions eligible for the tax credit provided by this Act. Requires a candidate to certify to the Federal Election Commission that neither he nor his authorized committee will accept any contribution or make any campaign expenditure in excess of prescribed limits. Requires further that the candidate maintain a separate accounting of contributions which qualify for the income tax credit for political contributions provided by this Act and that the candidate provide any appropriate information to the Commission for purposes of auditing or examining campaign contributions. Requires the candidate to certify the receipt of a certain amount of threshold contributions. Limits to $20,000 the amount of personal funds (from the candidate or his immediate family) that a candidate may spend in an election. Waives spending limits for eligible candidates whose opponents have exceeded applicable expenditure limits or who have otherwise failed to meet the requirements of this Act. Requires independent expenditures in excess of $5,000 to be reported to the Commission and each candidate within specified time frames. Qualifies a candidate against whom more than $5,000 in independent expenditures have been made for premium postal rates. Requires the Commission to verify upon request the eligibility of a candidate under this Act to the Secretary. Requires the Commission to conduct an examination and audit of the campaign accounts of ten percent of the qualified candidates under this Act to determine compliance with the expenditure limitations and other requirements of this Act. Empowers the Commission to bring a civil suit in U.S. district court to enforce any requirement of this Act or recover any amounts resulting from an audit of campaign expenditures. Permits private citizens to file complaints with the Commission and initiate court actions. Authorizes appropriations. Includes within the definition of "contribution" for purposes of the Federal Election Campaign Act of 1971 certain extensions of credit for advertising and broadcasting in excess of $1,000 for a period of more than 60 days. Limits to $90,000 (adjusted for inflation) in any calendar year the amount of contributions which candidates for U.S. Representative may accept from non-party multicandidate political committees. Specifies exceptions for candidates in general and special elections. Limits to $240,000 the expenditure amounts for such candidates. Permits candidates for the office of U.S. Representative to make expenditures independently of the campaign committee of his party in specified circumstances. Amends the Communications Act of 1934 to provide candidates for the office of U.S. Representative with equal time in broadcast media to respond to the remarks of an opposing candidate.

Resolution· HCONRESH.Con.Res. 227 (98th)open

A concurrent resolution expressing the sense of the Congress with respect to the adverse impact of early projections of election results by the news media.

United States · United States Congress · 16 November 1983

Expresses the sense of Congress that: (1) the news media should voluntarily refrain from projecting election results before the polls close; and (2) the news media and industry, trade and professional organizations should voluntarily adopt guidelines to assure that exit interview data is not used to project election results before the polls close.

Bill· HRH.R. 4356 (98th)referred

Olmsted Heritage Landscapes Act of 1984

United States · United States Congress · 10 November 1983

Olmsted Historic Landscapes Act - Requires the Secretary of the Interior, acting through the Director of the National Park Service, to prepare a State-by-State inventory of Olmsted historic landscapes. Provides that all properties on the inventory shall be part of an Olmsted historic landscape system. Requires that property identified in the inventory as nationally significant by a State historic preservation officer or by a State outdoor recreation liaison officer be studied by the Secretary for possible designation as a national landmark and, if internationally significant, for the World Heritage List. Requires that property on the inventory which meets the appropriate criteria be nominated for listing on the National Register of Historic Places. Requires periodic updating of the inventory. Directs the Secretary to: (1) promulgate general standards for preservation of historic landscapes; (2) provide technical assistance to Federal agencies, State and local governments, private organizations, and other interested individuals on the identification, commemoration, and preservation of Olmsted historic landscapes; (3) conduct and submit to Congress a thematic study of historic landscapes to identify those landscapes which would qualify as national historic landscapes; (4) establish a program for the use of the Frederick Law Olmsted National Historic Site in Massachusetts as a center for research and establish an advisory committee for the site; and (5) develop appropriate international activities related to the Olmsted historic landscapes. Requires the Secretary to provide for the coordination of applications for grants for the preservation of Olmsted historic landscapes. Permits State and local governments to use Federal funds made available to them for the preservation of any inventoried Olmsted historic landscape. Requires the Secretary to assist and coordinate public and private cooperation in carrying out the purposes of this Act. Requires the Secretary to conduct appropriate activities during the decade of 1985 to 1995 to commemorate the Olmsted achievements and influence on American life. Establishes the Advisory Committee on Olmsted Historic Landscapes, which shall assist the Advisory Council on Historic preservation in carrying out those of its duties under the National Historic Preservation Act that relate to Olmsted historic landscapes. Authorizes appropriations.

Bill· HRH.R. 4360 (98th)open

Industrial Competitiveness Act

United States · United States Congress · 10 November 1983

Industrial Competitiveness Act - Title I: Council on Industrial Competitiveness - Establishes in the executive branch an independent agency to be known as the Council on Industrial Competitiveness. Sets forth the duties of the Council including the duty to: (1) collect and analyze information concerning current and future economic trends and market opportunities; (2) create forums where national leaders will identify national economic problems; (3) provide policy recommendations regarding specific issues concerning industrial strategies; and (4) evaluate existing government policies and business practices in terms of their competitive impact. Sets forth the membership and powers of the Council. Requires the Council to report to Congress and the President, within one year of enactment of this title, recommendations for changes in Federal policy necessary to implement effective industrial strategies. Requires the Council to report annually to the President, Congress, and the Bank for Industrial Competitiveness on the major industrial development priorities of the United States and the policies needed to meet such priorities. Authorizes appropriations. Title II: Bank for Industrial Competitiveness - Subtitle A: Bank for Industrial Competitiveness - Establishes the Bank for Industrial Competititveness which shall be an agency of the United States. Sets forth the powers of the Bank and the qualifications for members of the board of directors. Authorizes the Bank to provide financial assistance to: (1) businesses in mature or linkage industries which require revitalization and modernization in order to be competitive in a world market; and (2) businesses in emerging industries which require financial assistance to develop and market new products or technologies. Limits the amount of aid for each project to 30 percent of the funding necessary to carry out the project. Sets forth the requirements for applications for such assistance. Sets forth the terms and conditions for financial assistance from the Bank. Terminates the authority of the Bank to make loans, issue loan guarantees, and purchase capital stock of applicants ten years after the effective date of this title. Sets forth the amount of capital stock the Bank shall have. Authorizes the Bank to issue obligations to provide sufficient funds to carry out the Bank's purposes and to renew, refund or pay other obligations. Limits the amount of the Bank's outstanding obligations to five times the paid-in capital of the Bank. Prohibits any of the loans made, guaranteed, or committed to be guaranteed under this title from being eligible for purchase by, or commitment to purchase by, or sale or issuance to, any Federal agency or government-owned entity. Exempts obligations of the Bank from taxation. Authorizes the Bank to enter into appropriate agreements respecting obligations of the Bank. Sets forth provisions dealing with moneys of the Bank. Exempts from taxation all property of the Bank except for the Bank's real property. Authorizes the Bank to inspect all documents of an applicant relating to the applicant's financial affairs and to all facilities and properties of the applicant. Requires the Bank to submit an annual report to the President and Congress. Terminates the Bank 30 years after the effective date of this title. Subtitle B: Secondary Markets for Industrial Mortgages - Authorizes the Bank to purchase and to make commitments to purchase industrial mortgages from any qualified financial institution. Authorizes the Bank to set priorities regarding the types of industrial mortgages to be purchased. Sets forth conditions which such mortgages must meet. Prohibits an industrial mortgage from being purchased unless specified conditions are met. Authorizes the Bank to set aside mortgages held by it and to issue and sell securities based upon the set aside mortgages. Subtitle C: Investment in Public Industrial Development Banks - Authorizes the Bank to invest in the stock of public industrial development finance institutions established at the State, local, or regional levels. Requires that the Bank be given, in return for its investment, one or more seats on the Board of Directors of the public development bank in which it invests. Prohibits the Bank from contracting with institutions that offer no reasonable prospect of return. Sets forth conditions for participation by the Bank in public industrial development banks. Subtitle D: General Provisions - Authorizes appropriations beginning in FY 1985.

Law· HRH.R. 4325 (98th)enacted

Child Support Enforcement Amendments of 1984

United States · United States Congress · 8 November 1983

Child Support Enforcement Amendments of 1983 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to revise the purposes of such part to provide that assistance in obtaining support will be available under part D to all children (whether or not eligible for aid under the Aid to Families With Dependent Children program) for whom such assistance is requested. Requires a State, under part D, to have enacted laws establishing, embodying, or requiring the use of the following procedures to increase the effectiveness of its part D program: (1) procedures for the withholding from income of support amounts; (2) procedures assuring the State will improve the enforcement of support obligations; (3) procedures to collect support from a State tax refund; (4) procedures under which liens are imposed against real and personal property for amounts of past-due support owed by an absent parent; (5) procedures for establishing a child's paternity; (6) procedures requiring an individual to give security or post a bond to secure payment of past-due support if the individual is an absent parent who has demonstrated a pattern of not making payments; (7) procedures by which information regarding the amount of past-due support owed by an absent parent residing in the State will be made available to any consumer credit bureau organization upon the request of such organization, subject to certain conditions; and (8) procedures under which support payments will be made under part D through the State agency administering the State's income withholding system at the request of either parent, even though no arrearages are involved. Sets forth the procedures (referred to in clause one above) for the withholding from income of support payments. Provides that under such procedures: (1) amounts withheld must comply with the support order; (2) withholding must be initiated without application in the case of a child who is already receiving services under part D, and will be initiated with an application in the case of any other child; (3) withholding must be carried out in full compliance with all procedural due process requirements and must begin as soon as feasible; (4) withholding must be administered by a public agency (or a publicly accountable agency) designated by the State, and amounts withheld must be expeditiously distributed; (5) the State must provide advance notice to each individual who will have payments withheld and information as to how to contest the withholding; (6) State law must give priority to support collection over any other legal process against the same wages; (7) there will be withholding from all forms of income; (8) provisions must be made for terminating withholding; and (9) arrangements will be made with other States providing for reciprocal withholding. Requires, in addition, under such procedures that: (1) an employer withhold ordered payments (which shall include a fee to be paid to the employer) when provided with written notice; (2) an employer be held liable to the State for failure to withhold; and (3) a fine be imposed on any employer who refuses to employ or takes disciplinary action against any individual subject to wage withholding because of the existence of the withholding and additional obligations imposed on the employer. Requires a State's laws to require withholding whenever arrearages occur, even if an application for services under part D is not filed. Provides exemptions from the requirements of this paragraph, subject to the Secretary of Health and Human Services' continuing review, for States demonstrating that the enactment of any of this paragraph's requirements will not improve the State's support enforcement program. Authorizes a State to use the funds available under part D for automated management systems to facilitate the development and improvement of income withholding procedures. Requires a State, whenever a family for whom support payments have been collected and distributed under part D ceases to receive assistance under part A (Aid to Families With Dependent Children) of title IV, to: (1) continue collecting support for up to three months; and (2) continue collection and payment to the family (without requiring reapplication) at the end of the three-month period on the same basis as in the case of individuals not receiving assistance under part A. Repeals the current 12 percent incentive payment which is based on collections made on behalf of AFDC families. Provides, under the new incentive payment provisions, that the basis incentive payment will be four percent of the State's AFDC collections plus four percent of the State's non-AFDC collections. Provides that to the extent that AFDC or non-AFDC collections exceed the State's combined AFDC and non-AFDC administrative costs, higher incentives will be paid on a graduated scale of up to ten percent of AFDC and ten percent of non-AFDC collections. Provides that the amount of incentive payments to be made to a State for any fiscal year shall be estimated by the Secretary before the beginning of such year and that the Secretary shall make such payments for such year on a quarterly basis, with the payments being reduced or increased to compensate for any prior overpayments or underpayments. Authorizes the Secretary to make grants, in order to encourage and promote the development and use of more effective methods of enforcing support obligations under part D in cases where either the children on whose behalf the support is sought or their absent parents do not reside in the State where such cases are filed, to States proposing to undertake new or innovative methods of support collection in such cases. Authorizes appropriations for such grants. Requires: (1) review of a State's part D program at least once every three years; and (2) the operation by a State of a child support program (under part A) which is substantial compliance with the State's part D plan. Replaces current penalty provisions under part A with graduated penalties of two, three, and five percent in cases where a State's part D program does not meet applicable requirements. Amends part A (General Provisions) of title XI of the Social Security Act to require any demonstration project undertaken which assists in promoting the objectives of part D of title IV to: (1) be designed to improve the financial well-being of children, and prohibit modifications in the child support program which would have the effect of disadvantaging children in need of support; and (2) not result in increased costs to the Federal Government under part A of title IV. Provides, under part D, that amounts collected by a State as child support on behalf of a child for whom a public agency is making foster care maintenance payments under part E (Foster Care and Adoption Assistance) of title IV: (1) shall be retained by the State to the extent necessary to reimburse it for foster care maintenance payments made; (2) shall be paid to the public agency responsible for supervising the placement of a child to the extent that amounts collected exceed foster care maintenance payments made with respect to the child but not amounts required by a court order to be paid on behalf of the child; and (3) shall be retained by the State if any portion of the amounts collected remains after making the payments required above, to the extent that such portion is necessary to reimburse the State for any foster care maintenance payments made for a child. Requires any balance to be paid to the State agency responsible for supervising child care placement. Requires a State, under part E, where appropriate, to take all steps to secure an assignment to the State of any rights to support on behalf of each child receiving foster care maintenance payments. Requires collection by a State of spousal support under part D. (Current law permits such collection.) Requires the Secretary's annual report under part D to include the payment status of all active child support cases in each State, with specific information concerning: (1) interstate cases; and (2) the number of cases in certain defined categories. Requires a State, under part D, to regularly publicize the availability of child support enforcement services, including a telephone number or address where further information can be obtained. Requires a State, as a condition of eligibility for Federal payments under part A or D of title IV, to establish a State Commission on Child Support to examine, investigate, and study the operation of the State's child support system so as to determine the extent to which the system has been successful in securing support and parental involvement for both AFDC and non-AFDC children. Requires a report from the Commission. Permits waivers of the requirement for a Commission in a State if the State already has its own commission, which is making satisfactory progress towards effective child support enforcement, or has in effect objective standards for child support obligations. Directs the Secretary to approve a request from the State of Wisconsin to waive any requirement of part A or D of title IV so as to permit modifications of such State's programs under parts A and D in order to enable such State to make an adequate test of its Child Support Initiative, provided certain conditions are met.

Bill· HRH.R. 4324 (98th)referred

A bill to amend the Communications Act of 1934 to preserve the principles of the Federal Communications Commission's personal attack and political editorial rules through the 1984 election campaign, and for other purposes.

United States · United States Congress · 8 November 1983

Amends the Communications Act of 1934 to require a broadcast licensee to provide any person whose personal qualities are attacked during the presentation of views in a broadcast on a controversial issue of public importance with: (1) notification of the time, date, and identification of the broadcast; (2) a script or tape of the attack; and (3) an offer of a reasonable opportunity to respond over the licensee's facilities. Excludes from such requirement any attack: (1) on a foreign group or foreign public figure; (2) made by a legally qualified candidate for public office during the use of a broadcast station; (3) made by such a candidate on another such candidate; or (4) made on a bona fide news show. Requires any licensee which endorses or opposes any candidate in an editorial to transmit to the opposing candidates (in the case of an endorsing editorial) or to the candidate (in the case of an opposing editorial): (1) notification of the date and time of the editorial; (2) a script or tape of the editorial; and (3) an offer of a reasonable opportunity to respond over the licensee's facilities. Terminates the application of this Act on December 31, 1984. Suspends the personal attack rule and the political editorial rule of the Federal Communications Commission until after such date. Prohibits the Commission from repealing or modifying such rules after October 31, 1983, and before January 1, 1985. Voids any such action taken by the Commission after October 31, 1983, and before enactment of this Act. Allows the Commission to repeal or modify such rules beginning on January 1, 1985, provided that no repeal or modification shall become effective until 120 days of continuous session of Congress after it is published as final.

Bill· HRH.R. 4289 (98th)referred

A bill to amend the Internal Revenue Code of 1954 to increase the amount of the earned income credit, and for other purposes.

United States · United States Congress · 2 November 1983

Amends the Internal Revenue Code to increase from $5,000 to $8,000 the amount of earned income which may be taken into account for purposes of the earned income tax credit. Provides for a phaseout of such credit for taxpayers with adjusted gross incomes between $10,000 and $15,000. Amends the Social Security Act to provide that such credit shall not be considered as income for purposes of the Aid to Families with Dependent Children (AFDC) program.

Resolution· HRESH.Res. 360 (98th)referred

A resolution expressing the sense of the House of Representatives that the Veterans' Administration should develop a comprehensive, unified policy for the study and treatment of post traumatic stress disorder and establish a central office to advise persons in Veterans' Administration hospitals and outpatient facilities who are setting up post-traumatic stress disorder wards and treatment programs.

United States · United States Congress · 2 November 1983

Expresses the sense of the House of Representatives that the Veterans Administration (VA) should develop a comprehensive policy for the study of post-traumatic stress disorder and establish a central office to advise VA personnel on setting up treatment programs.

Bill· HRH.R. 4261 (98th)open

Federal Employees Health Benefits Information Act of 1983

United States · United States Congress · 1 November 1983

Federal Employees Health Benefits Information Act of 1983 - Requires the Director of the Office of Personnel Management (OPM) to establish a Federal Employees Health Benefits Information Center which shall maintain a national information clearinghouse and disseminate information on the various health benefit plans available to Federal employees, assist employees and annuitants in understanding such information, and identify problems or deficiences in any of the health benefit plans available. Requires that carriers be allowed to make written comments on any information relating to their plans which is to be so disseminated and prohibits the dissemination of such information until OPM has reviewed such comments and made any necessary changes in the information. Requires OPM to make a continuing study of: (1) the operation and administration of the Federal employees health benefits program; and (2) the costs, benefits, and coverage under plans available to Federal employees and how they compare with the costs, benefits, and coverage under plans available to employees in private industry. Requires OPM to submit annually to specified congressional committees information relating to recent developments in the health care field and recommendations for legislative or administrative action which may be appropriate. Sets aside funding for the procurement of experts and consultants and for experiments and demonstration projects with respect to improving the quality or timeliness of the information to be provided by the Federal Employees Health Benefits Information Center. Provides that before the start of any contract term in which an adjustment is to be made in the rates or benefits under a health benefits plan or if a newly approved health benefits plan is offered or an existing plan is terminated, there shall be provided an open season of at least three weeks during which Federal employees or annuitants enrolled in health benefits plans may transfer to another plan or cancel their enrollment. Requires OPM to make available to employees and annuitants eligible to enroll in a health benefits plan a description of the types of information and services available from the Federal Employees Health Benefits Information Center and the procedures for obtaining such information and services. Requires that employees and annuitants enrolled in a health benefits plan be notified of any changes in rates charged or benefits provided under such plan.

Bill· HJRESH.J.Res. 394 (98th)referred

A joint resolution to provide for the awarding of a gold medal to Lady Bird Johnson in recognition of her humanitarian efforts and outstanding contributions to the improvement and beautification of America.

United States · United States Congress · 21 October 1983

Authorizes the President to present, on behalf of Congress, a gold medal to Lady Bird Johnson in recognition of her humanitarian efforts and contributions to the beautification of America. Directs the Secretary of the Treasury to provide for the striking of such medal and bronze duplicates for sale to the public. Declares such medals to be national medals. Authorizes appropriations.