United States · United States Congress · 16 May 1983
Education for Economic Security Act - Title I: National Science Foundation Mathematics and Science Programs - Part A: Teacher Institutes - Authorizes the National Science Foundation (the Foundation) to make grants to local educational agencies (LEAs) and institutions of higher education, applying jointly, for teacher institutes to enhance the subject matter skills of public and private elementary and secondary school teachers of mathematics and physical and life sciences. Sets forth application requirements for such grants. Directs the Director of the Foundation: (1) to assure an equitable distribution of such institutes among and within States; and (2) award at least one institute in each State. Limits any such grant to a single applicant to $200,000 in any fiscal year. Permits such institutes to involve the cooperation of advance technology and other businesses able to assist in mathematics and science teaching. Directs the Foundation to ensure that consideration is given to applications designed to meet the needs of underrepresented and underserved populations. Part B: Mathematics and Science Education Development Programs - Authorizes the Foundation to enter into agreements with institutions of higher education or LEAs for programs and materials for: (1) training, retraining, and inservice training of elementary and secondary school teachers in the fields of mathematics and science, including physical and life sciences; and (2) elementary and secondary school courses of study in such fields. Sets forth application requirements for grants and cooperative agreements under this part. Directs the Foundation to ensure that consideration is given to applications designed to meet the needs of underrepresented and underserved populations. Part C: Science and Mathematics Excellence in Teaching Awards - Authorizes the Foundation to make excellence in teaching mathematics and science awards of $5,000 each to elementary and secondary school teachers. Directs the Foundation to adopt selection procedures designed to assure that such awards will be equitably distributed among the States. Sets forth application requirements for such awards. Part D: Congressional Merit Scholarships - Congressional Merit Scholarships in Mathematics, Science, and Engineering Education - Authorizes the Foundation to award scholarships to individuals enrolled at institutions of higher education who demonstrate outstanding potential for, and who plan to pursue, careers in teaching mathematics or science in elementary or secondary schools. Limits the period of such a scholarship to: (1) four academic years at any institution of higher education offering educational activities designed to prepare individuals for such careers; and (2) periods of study commencing not sooner than the third undergraduate year. Requires such individuals to concentrate, at the undergraduate level, in: (1) mathematics or science, and indicate a serious intent to teach such subject at the elementary or secondary school level; or (2) engineering, and indicate a serious intent to teach such subject at the postsecondary level, in an engineering discipline which the Foundation has determined a shortage of qualified teachers. Authorizes the Foundation to establish criteria for the selection of merit scholars. Limits the number of scholars selected to two times the number of Members of Congress from each State (and ten individuals in the case of the District of Columbia and the Commonwealth of Puerto Rico). Requires each merit scholarship recipient to agree to pursue such a teaching career for at least two years for each academic year in which the scholarship is received. Sets each merit scholarship award at $5,000 for each academic year of study. Conditions scholarship payment upon the student's maintaining satisfactory progress and full-time study. Authorizes the Foundation to require reports on student progress. Part E: Discretionary Funds of the Director - Authorizes the Director of the Foundation, from funds available for this part, to make grants to, and enter into contracts with, any public agency or any private organization to carry out any activity authorized by this title. Authorizes the Director to conduct directly or by grant or contract: (1) a faculty exchange program between institutions of higher education (particularly institutions having established and nationally recognized research facilities) and eligible institutions; and (2) programs of national significance promoting the improvement of instruction in the fields of mathematics, science, and engineering. (Defines "eligible institutions," for such purposes, as institutions of higher education which demonstrate a commitment to meet the special educational needs of students who are members of a minority group or who are economically or educationally disadvantaged and which: (1) have an enrollment which includes a substantial percentage of such students; or (2) are located in a community that is not within commuting distance of a major institution of higher education.) Part F: General Provisions - Sets forth administrative provisions granting the Foundation specified powers to carry out this title. Directs the Foundation to report annually to the President and the Congress on its operations under this title. Makes specified provisions under title II of this Act relating to participation of children and teachers from private schools applicable to payments under this title. Applies to programs under this part specified provisions of the General Education Provisions Act prohibiting Federal control of education. Authorizes appropriations to carry out: (1) part A for FY 1984 and 1985; (2) part B for FY 1985; (3) part D for FY 1984 and 1985; (4) parts C and E for FY 1985; and (5) the graduate fellowship program under the National Science Foundation Act of 1950 for FY 1984 and 1985. Title II: Education for Economic Security - Authorizes the Secretary of Education to make grants to States and discretionary grants to strengthen teacher skills and instruction in mathematics, science, computer learning, and foreign languages. Authorizes appropriations for FY 1984 and 1985 to carry out this title. Directs the Secretary to reserve ten percent of such appropriations for discretionary grants of national significance. Directs the Secretary to allot to each State from 90 percent of such appropriations for each fiscal year an amount based on the relative number of children aged five through 17 in such State. Provides that no State shall receive less than one-half of one percent of the funds appropriated for any fiscal year. Provides for reallotments, based on the Secretary's estimates, of sums exceeding a State's needs. Authorizes additional appropriations for allotment to: (1) Guam, American Samoa, and the Virgin Islands; and (2) the Secretary of the Interior for programs in schools operated for Indian children. Apportions 70 percent of each State's allotment to elementary and secondary education programs and 30 percent to higher education programs. Sets forth requirements for the State education agency (SEA) distribution of such funds for elementary and secondary education programs to local education agencies (LEAs) based on public and private school enrollment and on public school enrollment of children from families below the poverty level. Sets forth the uses for which specified portions of such elementary funds are to be put, including: (1) inservice training of teachers, including vocational educational teachers, and other appropriate school personnel in the fields of mathematics and science; (2) computer learning and instruction, foreign language instruction, and instructional materials and equipment related to mathematics and science instruction; (3) purchase of computer and computer-related instructional equipment; (4) strengthening instruction in foreign languages; (5) SEA demonstration and exemplary programs, including special projects for historically underrepresented and underserved populations (females, minorities, handicapped individuals, individuals with limited English proficiency, and migrant students) and for gifted and talented students (including magnet schools for such students); (6) SEA technical assistance to LEAs, institutions of higher education, and nonprofit organizations, including museums, libraries, and educational television stations in conducting programs for mathematics, science, languages, and computer learning; and (7) State assessment and administrative costs. Sets forth requirements for distribution of funds for higher education programs by State agencies for higher education. Requires that at least 75 percent of such funds be used for grants to private and public institutions of higher education for: (1) traineeship programs for new teachers who will specialize in teaching secondary school mathematics and science; (2) retraining secondary school teachers with other specialties to specialize in teaching mathematics, science, or computer learning (including providing stipends for participation in institutes under title I); and (3) inservice training for elementary, secondary, and vocational school teachers, and other appropriate school personnel to improve teaching skills in mathematics, science, and computer learning (including providing stipends for participation in institutes under title I). Requires each grant recipient to: (1) consider the needs of historically underrepresented and underserved groups and the gifted and talented; and (2) enter into an agreement with an LEA or LEA consortium to provide inservice training and retraining for elementary and secondary school teachers in the public and private schools of the LEA school district. Requires that the State agency for higher education use at least 20 percent of such funds for cooperative programs among institutions of higher education, LEAs, SEAs, private industry, and private nonprofit organizations, including museums, libraries, educational television stations, and professional mathematics, science, and engineering societies, for projects to improve student understanding and performance in science, mathematics, and critical foreign languages. Permits the State agency for higher education to use up to five percent of such funds for State assessment and administrative costs. Requires each State desiring to receive grants under this title to submit to the Secretary, within the first year for which such funds are available, an assessment of the status of mathematics, science, foreign language, and computer learning within the State. Sets forth requirements relating to such assessments. Sets forth requirements for State applications for funds under this title. Sets forth requirements for assessments by LEAs. Sets forth provisions for participation of children and teachers from private schools in programs under this title. Sets forth requirements for the use of the ten percent of appropriations for this title reserved in the Secretary's discretionary fund for programs of national significance. Directs the Secretary, from 75 percent of such funds, to make to SEAs and LEAs, institutions of higher education, and private nonprofit organizations for programs of national significance in mathematics and science instruction, computer learning, and foreign language instruction in critical languages. Directs the Secretary to give special consideration to assistance for: (1) magnet schools for gifted and talented students; and (2) special services to historically underserved and underrepresented populations in the fields of mathematics and science. Directs the Secretary to reserve a specified amount from such grant funds for the Director of the National Institute of Education to conduct evaluation and research. Directs the Secretary, from 25 percent of such funds, to make grants to institutions of higher education for instruction in critical foreign languages. Directs the Secretary to: (1) consult with the Secretaries of State, Defense, and Health and Human Services, and the Director of the National Science Foundation in determining which languages are critical to national security, economic, and scientific needs; and (2) publish a list of such languages in the Federal Register. Sets forth provisions for payments for programs under this title. Title III: National Science Foundation Program for Partnerships in Education for Mathematics, Science, and Engineering - Partnerships in Education for Mathematics, Science, and Engineering Act - Authorizes the National Science Foundation to make grants to States to pay the Federal share of the costs of specified higher education programs and activities. Authorizes appropriations for FY 1984 and 1985 to carry out this title. Sets forth authorized activities for which States may use partnership in education program grants. Includes among authorized higher education partnership programs: (1) improvement of postsecondary instruction in mathematics, science, computer science, and engineering; (2) scholarships for students in such fields; (3) faculty exchange programs by institutions of higher education and businesses within the State; (4) research in such fields; (5) instructional equipment for such fields; and (6) promotion of public understanding of science, mathematics, and computer science. Includes among authorized elementary and secondary school partnership programs (to be carried out by LEAs): (1) exchange programs between teachers of mathematics, science, or computer science and personnel of local businesses; (2) training and retraining of teachers in such fields under cooperative arrangements between State or LEAs and appropriate businesses; and (3) secondary school student observation, participation, and work in local businesses. Permits both higher education and elementary and secondary school partnerships to include institutions of higher education, businesses, nonprofit private organizations, local educational agencies, professional mathematics and scientific associations, museums, libraries, educational television stations, and States. Sets forth requirements for State applications for grants under this title. Permits two or more States or a regional consortium of States to file a joint application. Sets forth requirements for applications by institutions of higher education and local educational agencies. Directs the Foundations to adopt approval procedures designed to assure equitable distribution of grants among the States. Makes specified provisions of title II of this Act relating to participation of children and teachers in private schools applicable to payments under this title. Sets the Federal share of the cost of programs under this title at 50 percent. Permits the non-Federal share of such costs to be in cash or inkind. Limits to 15 percent that portion of funds appropriated under this title in any fiscal year which may be paid to any single State. Title IV: Presidential Awards for Teaching Excellence in Mathematics and Science - Authorizes the President to make Presidential Awards for Teaching Excellence in Mathematics and Science to secondary school teachers. Authorizes the making of 100 such awards annually. Directs the President to: (1) select for such awards at least one secondary school teacher from each of the several States, the District of Columbia and the Commonwealth of Puerto Rico; and (2) carry out this title, including the establishment of selection procedures, after consultation with the Secretary of Education, the Director of the National Science Foundation, and other appropriate officials of Federal agencies.
United States · United States Congress · 12 May 1983
National Fish and Wildlife Foundation Establishment Act - Establishes the National Fish and Wildlife Foundation as a charitable and nonprofit corporation which is not an agency or establishment of the United States. States that the purposes of the Foundation are: (1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities of the U. S. Fish and Wildlife Service; and (2) to conduct such other activities as will further the conservation and management of the fish and wildlife resources of the United States. Sets forth provisions relating to: (1) the Board of Directors of the Foundation; (2) the rights and obligations of the Foundation; (3) tax-exempt status; (4) volunteers; (5) audits and reports; and (6) petition of the Attorney General for equitable relief. Releases the United States from liability for any debts, acts, or omissions of the Foundation. States that the right to repeal, alter, or amend this Act at any time is expressly reserved to the Congress. Authorizes appropriations for ten years.
United States · United States Congress · 11 May 1983
Disapproves the proposal of the Study Group on Senate Practices and Procedures to abolish the Committee on Veterans' Affairs by merging it with the Committee on Armed Services.
United States · United States Congress · 10 May 1983
Increases from 26 to 27 the membership of the Advisory Commission on Intergovernmental Relations. Requires Presidential appointees to such Commission to include selectees: (1) from a panel of at least two elected Indian tribal government officials submitted jointly by the National Congress of American Indians and the National Tribal Chairmen's Association; or (2) from other Indian tribal government officials who have been nominated by governing bodies of Indian tribes.
United States · United States Congress · 10 May 1983
Expresses the sense of the Senate that Taiwan should remain a full member of the Asian Development Bank, irrespective of the issue of the People's Republic of China's application to such bank. Declares that the President and the Secretary of State should express U.S. support for Taiwan.
United States · United States Congress · 9 May 1983
Child Protection Act of 1983 - Amends the Federal criminal code dealing with the sexual exploitation of children. Prohibits the distribution of material involving the sexual exploitation of minors even if the material is not found to be "obscene" and transferred without a sale. Increases the penalties for violation of this section. Redefines "minor" as any person under the age of 18.
United States · United States Congress · 6 May 1983
Authorizes the erection of a memorial on public grounds in the District of Columbia, or its environs, in honor and commemoration of members of the armed forces who served in the Korean war. Directs the Secretary of the Interior to select, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial. Authorizes appropriations for site acquisition and preparation in the event nonpublic land is selected for the memorial.
United States · United States Congress · 6 May 1983
Expresses the sense of the House of Representatives that the President should seek a consensus at the Williamsburg Summit, aimed at: (1) reducing disparities in certain financial rates and economic policies among summit countries; and (2) arranging a meeting of summit country finance ministers with the Secretary of the Treasury, to achieve an alignment between the interest rates and major currencies. Urges the President to arrange, in conjunction with the Williamsburg Summit, bilateral discussions with the Prime Minister of Japan to bring about further realignment of the yen and dollar exchange rates.
United States · United States Congress · 5 May 1983
Designates August 1, 1983, as Helsinki Human Rights Day. Authorizes and requests the President to issue a proclamation reasserting the American commitment to the human rights and humanitarian provisions of the Helsinki accords. Requests the President to continue to raise the issue of noncompliance with the Soviet Union and Eastern European countries.
United States · United States Congress · 4 May 1983
Semiconductor Chip Protection Act of 1983 - Extends copyright protection to mask works. Defines a mask work as a series of related images: (1) having the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and (2) in which the relation of the images to one another is that each image has the pattern of the surface of one form of the chip product. Excludes masks and mask works from the pictorial, graphic, or sculptural works categories. Sets forth the exclusive rights the owner of copyright holds, including the right to: (1) embody the mask work in a mask, a two- dimensional partially transparent and opaque sheet; (2) distribute a mask embodying the mask work; (3) reproduce such work on material intended to be part of the semiconductor chip product; and (4) manufacture and distribute semiconductor chip products incorporating such masks. Sets forth limitations on such exclusive rights, including compulsory licensing, as specified. Sets the copyright term for masks at ten years from first authorized distribution, use, or manufacture. Excludes an innocent purchaser in good faith of a semiconductor chip product from infringement liability. Permits the impoundment and seizure of masks made or used in violation of the copyright owner's exclusive rights.
United States · United States Congress · 26 April 1983
Aviation Drug-Trafficking Control Act - Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to revoke the airman certificate of any person who has been convicted of violations (other than simple possession) of State or Federal law relating to controlled substances. Requires the Administrator to revoke the airman certificate of any person who has knowingly transported any controlled substance, where such transportation is prohibited. Prohibits the Administrator from reissuing any revoked certificate for a period of five years. Grants the Secretary discretionary authority to reissue such certificate in certain circumstances before the end of a five-year period, but not before the end of the first year after revocation. Requires the Administrator to revoke the certificate of registration of an owner of an aircraft if it is determined that such aircraft has been used to transport controlled substances illegally. Sets forth certificate reissuance guidelines similar to those for the reissuance of airman certificates. Provides criminal penalties for violations of this Act, including selling or using fraudulent certificates.
United States · United States Congress · 24 April 1983
Revises the concurrent resolution on the budget for FY 1983 and sets forth the first concurrent resolution on the budget for 1984 and the appropriate budgetary levels for FY 1985 and 1986. Recommends levels of Federal revenues of $603,100,000,000 for FY 1983, $685,600,000,000 for FY 1984, $762,600,000,000 for FY 1985, and $830,800,000,000 for FY 1986. Sets the amount by which the aggregate levels of Federal revenues should be changed at -$100,000,000 for FY 1983, $30,200,000,000 for FY 1984, $39,100,000,000, for FY 1985, and $51,900,000,000 for FY 1986. Sets the amounts for Federal Insurance Contributions Act revenues for hospital insurance within the recommended levels of Federal revenues at $35,900,000,000 for FY 1983, $39,700,000,000 for FY 1984, $44,200,000,000 for FY 1985, and $50,900,000,000 for FY 1986. States that the amounts for Federal Insurance Contributions Act revenues and other revenues for old age, survivors, and disability insurance within the recommended levels of Federal revenues are $148,500,000,000 for FY 1983, $166,500,000,000 for FY 1984, $187,700,000,000 for FY 1985, and $204,400,000,000 for FY 1986. Sets the appropriate levels of total new budget authority at $875,700,000,000 for FY 1983, $908,800,000,000 for FY 1984, $981,500,000,000 for FY 1985, and $1,048,500,000,000 for FY 1986. States that the appropriate levels of total budget outlays are $807,100,000,000 for FY 1983, $848,900,000,000 for FY 1984, $909,600,000,000 for FY 1985, and $964,000,000,000 for FY 1986. Sets the amount of deficits in the budget which are appropriate in light of economic conditions and all other relevant factors at $204,000,000,000 for FY 1983, $163,300,000,000 for FY 1984, $147,000,000,000 for FY 1985, and 133,200,000,000, for FY 1986. States that the appropriate levels of public debt are $1,383,900,000,000 for FY 1983, $1,591,100,000,000 for FY 1984, $1,788,800,000,000 for FY 1985, and $1, 979,600,000,000 for FY 1986. Sets the amounts by which the temporary statutory limits on such debt should be accordingly increased at $93,700,000,000 for FY 1983, $207,200,000,000 for FY 1984, $197,700,000,000 for FY 1985, and $190,800,000,000 for FY 1986. Sets forth the appropriate levels of total Federal credit activity as follows: (1) $55,400,000,000 for new direct loan obligations and $94,500,000,000 for new loan guarantee commitments for FY 1983; (2) $48,200,000,000 for new direct loan obligations and $94,500,000,000 for new loan guarantee commitments for FY 1984; (3) $48,100,000,000 for new direct loan obligations and $97,400,000,000 for new loan guarantee commitments for FY 1985; and (4) $48,700,000,000 for new direct loan obligations and $101,000,000,000 for new loan guarantee commitments for FY 1986. Sets forth the levels of new budget authority and budget outlays and the appropriate levels of new direct loan obligations and new loan guarantee commitments for each major functional category for FY 1983 through 1986. Requires specified committees of the House and the Senate to report changes in laws within their respective jurisdictions sufficient: (1) to reduce budget authority and outlays in FY 1984 through 1985 in amounts consistent with reductions in entitlement programs assumed in this resolution; and (2) to increase revenues in FY 1984 through FY 1986 in amounts consistent with the assumptions in this resolution. Makes it out of order in either House to consider any bill or resolution or amendment providing new budget authority for FY 1984 or new spending authority first effective in FY 1984 within the jurisdiction of any of its committees unless and until such committee makes the allocations or subdivisions required by the Budget Act. Declares that it is the sense of the Congress that the President and the Congress, through the appropriations process, should limit the on-budget new direct loan obligations, the off-budget new direct loan obligations, and new loan guarantee commitments to specified amounts for FY 1984. Declares that it is the sense of Congress that the President and the Congress should limit to specified amounts for FY 1984 total Federal Financing Bank origination of direct loans guaranteed by other Federal agencies and purchases of certificates of beneficial ownership from Federal agencies. Declares that direct borrowing transactions of Federal agencies should be, to the maximum extent possible, restricted to the Federal Financing Bank. Requires the joint explanatory statement accompanying the conference report on this resolution to include an estimated allocation of the appropriate levels of total new direct loan obligations and new loan guarantee commitments for FY 1983 and 1984 among each committee of the House and the Senate which has jurisdiction over bills and resolutions providing such new obligations and commitments. Requires every committee of each House, after consulting with the committee or committees of the other House to which all or part of the allocation has been made, to subdivide among its subcommittees the allocation of new direct loan obligations and new loan guarantee commitments for FY 1983 and 1984. Declares that it is the sense of Congress that the budgets of Federal agencies initiating Federal Financing Bank purchases of certificates of beneficial ownership and originations of guaranteed loans should include the budget authority and outlays resulting from the transactions. Recommends that the committees with proper jurisdiction consider legislation to require that the budgetary impact of such Federal Financing Bank transactions be included in the budgets of the initiating agencies beginning with the FY 1985 budget.
United States · United States Congress · 19 April 1983
National Outdoor Recreation Resources Review Act of 1983 - Establishes a National Outdoor Recreation Resources Review Commission to evaluate existing and potential public outdoor recreation policies, programs, and opportunities and to recommend outdoor recreation policies and activities which should be instituted at the Federal, State, and local levels and by the private sector in order to protect existing recreation resources and to meet future recreation needs. Requires the Commission to report its findings and recommendations to the President and Congress within 18 months after its establishment. Terminates the Commission six months after submission of its report. Authorizes appropriations.
United States · United States Congress · 19 April 1983
Regulatory Reform Act - Amends the Administrative Procedure Act to exempt from its applicability any rule involving public property, contracts, or general policy statements of the Tennessee Valley Authority. Repeals the current exemption provided for matters relating to loans, grants, and benefits. Requires a notice of proposed rulemaking to include: (1) a statement of need and objectives; (2) a statement that the agency seeks proposals of alternative methods from the public and from State and local governments; (3) a description of the information on which the agency plans to rely in the rulemaking; and (4) a statement specifying where copies of the rulemaking file may be obtained. Allows an agency to adopt a rule before publishing notice, providing a period for public comment, or establishing a rulemaking file, when notice or hearing is not required by another statute, if: (1) it publishes its findings that compliance with such procedures before the rule becomes effective would be impracticable and contrary to the public interest; and (2) it completes such procedures as soon as practicable after the rule is promulgated. Requires an agency to publish a notice and allow a period for comment on any final rule which is substantially different from the original rule as proposed. Directs each agency to give interested persons at least 60 days to submit written comments on a proposed rule. Permits an agency to use any appropriate procedure to elicit full and representative public comment on the significant issues of a rulemaking. Requires an agency to provide an opportunity for oral presentations at informal public hearings in a rulemaking for a "major rule," as defined by this Act. Requires agencies to publish with each final rule a notice of its effective date and a statement of its basis and purpose, including: (1) a discussion of significant issues and alternative approaches raised by public comments; and (2) an explanation of how the agency's factual determinations are substantially supported in the rulemaking file. Prohibits an agency promulgating a rule from relying on any material not placed in the rulemaking file in time to afford an adequate period for public comment. Directs each agency to give interested persons the right to petition for an interpretation of, or exemption from, a rule. Requires an agency to respond promptly and in writing to such a petition. Requires that each agency maintain a public file of the paperwork, data, and comments pertaining to each rulemaking which shall constitute the rulemaking record for purposes of judicial review. Allows an agency to exclude from the file material exempted from disclosure under the Freedom of Information Act, if the agency includes a summary of such material or a notice of the existence of such material. Prohibits an agency rule from substantially changing the requirement of any existing contract, agreement, or grant between a Federal agency and a State or local government for one year after the rule takes effect, unless the agency publishes a finding that delaying the rule's effect would be contrary to the public interest. Provides for the judicial review of agency compliance with rulemaking requirements under this Act. Requires each agency: (1) prior to publishing a rulemaking notice, to determine whether a proposed rule is a "major rule" and (2) to include an explanation of such determination in the notice. Authorizes the President or a selected officer to determine that a rule is a major rule within 30 days after publication of the rulemaking notice and to designate not more than 75 rules as major rules during any fiscal year. Requires an agency to issue, to enter into the rulemaking file, and to publish in summary form a preliminary rulemaking analysis of each proposed major rule, with specified exceptions. Provides 60 days for public comment on such analysis. Lists the contents of such analysis, including: (1) a description of quantifiable and nonquantifiable costs and benefits; (2) a description of reasonable alternatives; (3) a statement identifying the source of Federal funds, if any, to pay costs imposed on State and local governments; (4) a description of agency action to verify data; and (5) an explanation of why the rule chosen is more cost effective than the alternatives. Directs the agency to issue a final regulatory analysis upon publishing a final major rule, to place such analysis in the rulemaking file, and to summarize such analysis in the statement of the basis and purpose of the rule. Establishes guidelines for the evaluation and description of benefits and costs in the preparation of such analysis. Limits judicial review over: (1) the designation of a major rule; or (2) any regulatory analysis. Authorizes the President to establish procedures for agency compliance with the regulatory analysis and sunset review requirements under this Act and to monitor and enforce agency implementation of such procedures, except for rules issued by the Nuclear Regulatory Commission. Directs the President to report to Congress annually on agency compliance with regulatory analysis requirements. Requires each agency to publish for public comment a proposed schedule for the review of its existing major rules and other rules selected for review by the agency or the President. Directs each agency to publish a final schedule with its responses to public comments within one year of enactment of this Act. Requires each agency to review major rules within ten years after enactment of this Act, or within ten years after such a rule is promulgated, amended, or renewed, whichever is later. Directs each agency to publish a notice of its proposed action regarding a reviewed rule. Requires that the notice: (1) assess the costs and benefits of the rule; and (2) invite public proposals for modifications or alternatives. Requires an agency to follow normal rulemaking procedures when amending or rescinding a rule. Specifies procedures for renewing a rule without amendment. Provides for: (1) extension of the review period to not to exceed 15 years; (2) revision of the review schedule; and (3) expedited agency action if a review deadline is not met. Requires each agency to publish in the Federal Register, semiannually, an agenda of the rules the agency expects to propose, promulgate, renew, or repeal within the next twelve months, including a schedule of the agency actions pertaining to each rule. Directs the President to publish, semiannually, a Calendar of Federal Regulations, listing each of the major rules included in such agenda. Allows an agency to promulgate a major rule not listed in such agenda only if it publishes an explanation of why the rule was omitted. Requires each agency to include in the notice of a proposed rulemaking the date by which it intends to complete action or each major portion of action on the rule. Directs an agency that fails to complete action by such date and that expects a delay of more than 30 days to announce a new deadline for action. Directs the President to report to Congress annually on the regulatory activities of the Government. Requires that the report include estimates of the costs and benefits to each major sector of the economy of all major rules promulgated during the preceding year, included in the regulatory agenda for the preceding year, or scheduled for review. Directs a court reviewing an agency action to: (1) determine the authority or jurisdiction of the agency on the basis of the language of the authorizing statute or other evidence of legislative intent; (2) accord no presumption in favor of or against agency action, but to give an agency's interpretation of a statutory provision such weight as it warrants; and (3) determine whether the factual basis of an agency rule has substantial support in the rulemaking file. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within five days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action until after such selection is made. Amends the Federal Advisory Committee Act to exclude from the definition of "advisory committee" for purposes of such Act any committee which is composed wholly of elected State or local officials or their representatives. Grants Federal district courts original jurisdiction of any civil action or proceeding to resolve a controversy between two or more regulatory agencies not of the same State concerning jurisdiction to regulate a public utility, unless the courts of appeals have exclusive original jurisdiction to review actions of one of the regulatory agencies involved. States that a declaratory judgment in such a proceeding shall not be withheld: (1) on the ground that a controversy over matters other than jurisdiction to regulate may exist between the parties; (2) because of failure to exhaust administrative remedies; or (3) because of inconsistent provisions of other statutes providing for judicial review of agency action. Declares that any Federal or State agency may join or be joined as a party to such action and the district court may issue its processes without regard to territorial limitations. Establishes venue for such a proceeding. Prohibits the use of appropriated funds to pay the expenses of persons participating or intervening in agency proceedings, except as expressly authorized by statute. Authorizes each Federal agency to adopt as a Federal rule with respect to a State or locality any State or local rule which duplicates or is substantially equivalent to or more stringent than such Federal rule. Declares that any final agency rule, with specified exceptions including an emergency rule, shall be considered to be a recommendation to Congress and shall have no effect unless it is reviewed and not disapproved by Congress. Directs each agency to transmit each final rule to Congress on the day the rule is transmitted for publication to the Federal Register. Prohibits the rule from becoming effective if: (1) within 45 days of continuous session of Congress after the rule is received by Congress, either committee of the House or the Senate having primary legislative jurisdiction over it reports or is discharged from consideration of a resolution disapproving it; (2) within 30 days after such resolution is reported or discharged, either House adopts it; and (3) within 30 days after the adopted resolution is transmitted to the other House, such other House agrees to it. Permits a final rule to become effective at any time after either House rejects a resolution of disapproval. Authorizes an agency to issue and submit to Congress for review a recommended final rule relating to the same acts or practices as a disapproved rule. Sets forth expedited congressional procedures for the consideration of resolutions of disapproval. Declares that the provisions of this Act supercede any other provision of law requiring action by both Houses of Congress for congressional review and disapproval of agency rules, but not any other provisions requiring action by only one House. Amends the Government in the Sunshine Act to include the Chrysler Corporation Loan Guarantee Board as an agency subject to such Act.
United States · United States Congress · 18 April 1983
Authorizes the Secretary of the Army, acting through the Chief of Engineers, to construct a set of emergency gates in the conduit of the Abiquiu Dam, New Mexico, at Federal expense. Authorizes appropriations.
United States · United States Congress · 12 April 1983
Amends the Small Business Act to treat businesses owned by Indian tribes (including any Alaskan Native village or regional or village corporation) as socially and economically disadvantaged small businesses for purposes of the Small Business Administration's business development program.
United States · United States Congress · 7 April 1983
High Plains States Groundwater Demonstration Program Act of 1983 - Amends the Reclamation Act of 1902 to include groundwater recharge as an authorized irrigation works purpose. Directs the Secretary of the Interior, acting through the Bureau of Reclamation (Bureau), to conduct, in two phases, an investigation of and to establish demonstration projects for groundwater recharge of aquifers in Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas and Wyoming (the High Plains States) as well as in Arizona, California, Idaho, Montana, Nevada, North Dakota, Oregon, Utah and Washington (the other Reclamation Act States). Directs the Bureau to consult with the U.S. Geological Survey, other appropriate Federal agencies and departments, the High Plains States, and the other Reclamation Act States to carry out this Act. Directs the Bureau, during phase I, to develop a detailed plan for not less than 12 demonstration projects in the High Plains States and for not more than 9 demonstration projects in the other Reclamation Act States. Requires such plan to determine whether various recharge technologies may be applied to diverse geologic and hydrologic conditions. Directs the Bureau to recommend the demonstration projects to be designed, constructed, and operated during phase II. Requires the Secretary, within 18 months of enactment of an appropriation Act to carry out phase I, to transmit a report to Congress containing recommendations for phase II and a detailed statement of findings and conclusions. Directs the Bureau during phase II to design, construct, and operate such demonstration projects as are recommended in the Secretary's report to Congress. Directs the Secretary, acting through the Bureau, to contract with the High Plains States and the other Reclamation Act States to conduct a study to: (1) identify and evaluate alternative means by which the costs of groundwater recharge projects could be allocated among the project beneficiaries; and (2) identify and evaluate the economic feasibility of and the legal authority for utilizing groundwater recharge in water resource development projects. Requires the Secretary to submit interim reports to Congress on the progress of provisions of this Act within 12 months after the initiation of phase II and a final report within five years. Authorizes appropriations for fiscal years beginning after September 30, 1983 for phase I, and such sums as may be necessary to carry out phase II. Authorizes the matching of Federal funds to meet the costs of phase II and authorizes the Secretary to enter into memoranda of agreement with the High Plains States and the other reclamation Act States to meet the costs of phase II.
United States · United States Congress · 24 March 1983
Amends Federal agency and judicial procedures under the Equal Access to Justice Act relating to reimbursement of litigation expenses incurred by parties prevailing against the United States. Amends the definition of "a party" which may be so reimbursed to exclude any tax-exempt charitable organization whose net worth exceeds $5,000,000. Prohibits the appropriation to a Federal agency of funds specifically earmarked for the reimbursement of litigation expenses incurred by parties prevailing against the United States. Directs the court to specify the agency responsible for payment of such awards. (Requires such agencies, in effect, to make such reimbursements out of their general funds.) Repeals appropriations previously authorized to Federal agencies for such purposes. Repeals the October 1, 1984, termination date, thus making the provisions of the Equal Access to Justice Act permanent. Repeals provisions of the Internal Revenue Code, as added by the Tax Equity and Fiscal Responsibility Act of 1982, which allow the reimbursement of litigation expenses to certain parties prevailing against the United States in tax cases.
United States · United States Congress · 24 March 1983
Repeals Federal law providing that entitlement lands (those lands eligible for payments in lieu of taxes) located within two local government units shall be treated, for specified purposes, as being within the jurisdiction of the smaller of such units. Redefines "unit of local government" to limit the meaning to the principal provider of local governmental services affecting the use of public lands. Includes within such meaning: (1) a county, townships, parish, or borough existing in the State of Alaska on October 20, 1976; or (2) a city which is not within the boundaries of any other local governmental unit. Invokes the sovereign immunity of the United States to preclude any legal actions regarding specified payment distributions made before January 1, 1983.
United States · United States Congress · 24 March 1983
Expresses the sense of Congress that the President should implement, within the United States, the objectives of the United Nations Decade for Disabled Persons (1983-1992).
United States · United States Congress · 23 March 1983
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturers, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufacturers or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State, if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Requires such transfer to be face to face. Presumes a licensee to have actual knowledge of the published laws of the State. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements, under specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Allows the government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant be issued for such search. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years imprisonment (currently, two to 25 years). Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 21 March 1983
Export-Import Bank Amendments of 1983 - Title I: Amendments to the Export-Import Bank Act of 1945 - Amends the Export-Import Bank Act of 1945 in order to direct the Bank to provide guarantees, insurance, and extensions of credit at fully competitive rates and terms as those available to foreign competitors of U.S. exporters. Declares that loans made by the Bank shall bear interest at rates determined by the Board of Directors in order to support U.S. exports at rates and on terms and conditions which are fully competitive with exports of other countries. States that the Advisory Committee, established under such Act, shall; (1) consist of 12 members (currently nine); and (2) meet at least once each quarter (currently once or more each year). Requires the Committee to submit a report to Congress concerning the extent to which the Bank is providing competitive financing to expand U.S. exports and suggestions for improvements. Authorizes members of the Committee to attend meetings of the Board of Directors on a rotating basis. Sets forth the terms of office for members of the Board of Directors. Sets forth the limits on the gross obligations for the principal amount of direct loans authorized by the Bank for FY 1984 and 1985. Extends the authorization for the Bank until September 30, 1989. Requires the Secretary of the Treasury to complete an inquiry into the existence of foreign noncompetitive financing within 60 days following the receipt of information concerning such financing. Authorizes the Secretary to issue an authorization to the Bank to provide matching financing to U.S. exporters upon a determination that the availability of such foreign noncompetitive financing is likely to be a significant factor in a proposed transaction. Requires the Bank to provide such matching financing upon receipt of the Secretary's authorization. Prohibits the Board of Directors from giving final approval for any loan, financial guarantee or combination of both which exceeds $250,000,000, unless the Bank has submitted a certain statement to Congress describing and explaining the transaction. Title II: Mixed Credit Export Subsidies - Trade and Development Enhancement Act of 1983 - Requires the President to pursue negotiations to limit and set rules for the use of mixed financing for exports. Lists the negotiating objectives of the United States in reaching agreements on the use of such financing. Requires the Chairman of the Bank to establish a program of mixed financing for U.S. exports within the Bank. Requires such program to be carried out in cooperation with the Agency for International Development and with appropriate private financial entities. Lists the types of financing the program may include. Declares that the purpose of the program shall be to offer financing for U.S. exports which is as concessional as financing offered by a foreign government to a bona fide foreign competitor of a U.S. export sale. States that U.S. exports which could reasonably be judged to have been offered at the lowest evaluated bid shall be eligible for concessional mixed financing. Authorizes the Chairman to establish a fund to carry out this program. Requires the Administrator of the Agency for International Development (AID) to establish a program of mixed financing for U.S. exports. Directs that the program be carried out in cooperation with the Bank and with private financial entities. Lists the financing authorized for such program. Authorizes the combination of AID funds with Bank or private financing to provide financing for U.S. exports which is substantially as concessional as that offered by a foreign government to a bona fide competitor for a U.S. export sale. Requires that AID funds be offered only to finance U.S. exports which will contribute to the advancement of the developing objectives of the importing country. Authorizes the Administrator to draw on Economic Support Funds and to establish a fund to carry out the mixed financing program. Requires the President to appoint an individual to coordinate and ensure the implementation of both mixed financing programs. Authorizes appropriations.
United States · United States Congress · 21 March 1983
Expresses the sense of the Senate that the President should: (1) report to Congress on his intention to begin negotiations on a new long-term agricultural trade agreement with the Soviet Union; (2) seek, in such a new agreement, higher minimum and maximum supply guarantees and a provision for the export of value-added products; (3) report to Congress, by a specified date, on the potential economic and employment impacts of such a new agreement on U.S. agriculture and related industries; and (4) take appropriate measures to assure free movement of increased quantities of U.S. agricultural products to the Soviet Union.
United States · United States Congress · 18 March 1983
Enterprise Zone Act of 1983 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 75 nominated areas per year (one-third of which must be in rural areas). Limits the period during which such designations shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (within a population of at least 50,000) or 1,000 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamling regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on June 30, 1986 or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions, to include qualified businesses (as defined in Title II of this Act), to include governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 18 March 1983
Amends the Export-Import Bank Act of 1945 to prohibit the Bank from extending credit to establish or enhance the capacity of any country other than the United States to produce a commodity for export if: (1) such commodity is or is likely to be surplus on the world market; and (2) the resulting productive capacity will substantially injure U.S. producers of the same, similar, or competing commodity.
United States · United States Congress · 18 March 1983
Federal Lending Program Control Act of 1981 - Declares that the purpose of this Act is to provide a basis for controlling loans and loan guarantees under Federal credit programs through the congressional budget process. Amends the Congressional Budget Act of 1974 to require the first concurrent resolution on the budget for each fiscal year to set forth the appropriate level of total gross obligations for the principal amount of direct loans and the appropriate level of total commitments to guarantee loans and to allocate such totals among the major functional categories of the budget. Directs each standing committee of the House and Senate to submit its estimates of direct loan obligations and loan guarantee commitments by March 15 of each year. Directs the House and Senate Banking Committees to submit recommendations to the Budget Committees for the aggregate levels of direct loans and loan guarantees in each fiscal year. Requires the joint explanatory statement accompanying a conference report on the concurrent resolution on the budget to include an estimated allocation of the total levels of direct loan obligations and loan guarantee commitments among the committees of the House and Senate. Directs the Committees on Appropriations to provide such an allocation among their subcommittees as soon as practicable after a budget resolution has been agreed to. Requires the House Committee on Appropriations, before reporting any regular appropriations bills, to submit a summary report to the House comparing the credit authority contained in such bills to the levels agreed to in the budget resolution. Requires any report accompanying legislation conferring new budget authority or increasing tax expenditures to include information on direct loan obligations and loan guarantee commitments. Establishes a deadline for the completion of action on legislation providing credit authority. Requires the second concurrent resolution on the budget in any fiscal year and the reconciliation process to take into account Federal obligations and commitments on loans and loan guarantees. Declares out of order any measure brought up for consideration in either House which would increase the level of loan obligations and guarantee commitments agreed to in the budget process. Requires any authority to guarantee the payment of any indebtedness to be contingent on provisions in appropriation Acts. Amends the Budget and Accounting Act, 1921, to direct the President to include items relating to Federal loan obligations and guarantee commitments in the annual budget message to the Congress.
United States · United States Congress · 18 March 1983
Amends the Foreign Assistance Act of 1961 to prohibit the furnishing of assistance under such Act to establish or enhance the capacity of any foreign country to produce a commodity for export if: (1) the commodity is in surplus or is likely to be in surplus on the world market at the time the resulting productive capactiy is expected to become operative; and (2) such assistance will cause substantial injury to U.S. producers of the same, similar, or competing commodity (surplus competing commodities). Requires the Secretary of the Treasury to instruct the U.S. executive directors of the International Bank for Reconstruction and Development, International Development Association, International Monetary Fund, International Finance Corporation, Inter-American Development Bank, Asian Development Bank, and the African Development Bank to oppose assistance by these institutions (using any funds made available under U.S. law) to establish or enhance the capacity of any country to produce surplus competing commodities. Requires the Secretary of the Treasury to report to Congress on all applications for assistance which have been filed with the aforementioned institutions at 30-day intervals beginning 30 days after the enactment of this Act.
United States · United States Congress · 17 March 1983
Declares that Congress: (1) condemns the violence in Northern Ireland; (2) urges U.S. citizens to refrain from any action which contributes to the violence there; (3) urges an early political settlement there that secures the rights of both sides and that achieves Irish unity; (4) believes that a reconciliation can be found between the two Irish political traditions and between Britain and Ireland; and (5) requests the President to convey to Britain and to Ireland the desire of Americans for lasting peace in Northern Ireland.
United States · United States Congress · 15 March 1983
Religious Speech Protection Act of 1983 - Prohibits federally funded public secondary schools which allow students to meet during noninstructional periods from discriminating against any meeting of students on the basis of religious content. Grants Federal jurisdiction to enforce this Act.
United States · United States Congress · 15 March 1983
Authorizes the Secretary of the Army, acting through the Chief of Engineers, to construct a specified flood control project on the Rio Grande in the vicinity of Albuquerque, New Mexico. Provides that no non-Federal interest shall be required to participate in the financing of such project. Modifies the Santa Rosa Lake, Pecos River, New Mexico, flood control project to authorize the expenditure of a specified sum for the recovery of cultural resource data. Prohibits the Secretary from closing, downgrading, or decreasing the staff of any district engineer's office, unless such office is located within 500 miles of another such office. Requires the Secretary to transfer responsibility for portions of New Mexico to the district engineer in Albuquerque, New Mexico.
United States · United States Congress · 10 March 1983
Amends the Colorado River Basin Salinity Control Act to declare that actions concerning water and related land resources projects upstream from the Imperial Dam shall not be governed by specified provisions of the Water Resources Planning Act. Directs the Secretary of the Interior to give preference to those salinity control units that reduce the salinity of the Colorado River at the least cost per unit of salinity reduction. Deletes certain provisions of the Colorado River Basin Salinity Control Act concerning agreements with the Secretary of Agriculture for the Grand Valley unit. Authorizes the Secretary of the Interior to construct and maintain the following salinity control units according to specified directions: (1) Stage I of the Lower Gunnison Basin, Colorado; (2) McElmo Creek, Colorado; (3) Stage I of the Uinta Basin, Utah; (4) Palo Verde Irrigation District, California; (5) saline water use and disposal opportunities, Colorado River Basin; and (6) Sinbad Valley, Colorado. Requires the Secretary to carry out specified directions in implementing the construction of such units. Directs the Secretary of Agriculture to establish a voluntary cooperative program with private landowners to improve on-farm water management and reduce watershed erosion on non-Federal and Department of Agriculture lands. Directs the Secretary to issue reports to certain congressional committees and to certain others. Prohibits the expenditure of funds for measures implementing such program until the lapse of 60 days following submission of such reports. Provides for disapproval of such program by any of the congressional committees or the others. Authorizes appropriations through FY 1989. Prohibits the Secretary of Agriculture from assuming continuing operation and maintenance obligations for permanent salinity control measures constructed on non-Federal lands. Directs the Secretary of the Interior to develop a program for minimizing salt contributions to the Colorado River from lands administered by the Bureau of Land Management.
United States · United States Congress · 10 March 1983
Clean Air Act Amendments of 1983 - Amends the Clean Air Act ("the Act"). Title I: Amendments Relating Primarily to Stationary Sources - Amends title I of the Act (Air Pollution Prevention and Control). Indian Tribes - Amends the definition of "air pollution control agency" to provide that any single agency designated by the tribal governing body of a federally recognized Indian tribe shall be eligible for grants for support of air pollution planning and control programs within an Indian reservation. Provides that specified funding level requirements for such grants to other agencies in each State shall not apply to grants to tribal agencies. Information for Technology Requirements - Directs the Administrator of the Environmental Protection Agency (EPA) to make available to State agencies administering permit programs, and to other interested persons, guidance documents to assist such agencies in implementing requirements regarding: (1) best available control technology (BACT) for proposed new and modified major stationary sources; and (2) reasonably available control technology (RACT) for existing sources. Requires publication of such documents within one year after enactment of this Act and updating every year thereafter. Requires that such documents describe, in detail and with specified distinctions, BACT and RACT determinations made by the Administrator and State air pollution control agencies. Secondary Ambient Air Quality Standards - Makes a technical revision of requirements for national secondary ambient air quality standards (secondary NAAQS). Implementation Plan Revisions - Directs the Administrator to announce a 60-day public comment period after receipt of any State implementation plan (SIP) revision. Provides for automatic approval of SIP revisions if the Administrator does not disapprove the revision within 120 days after the end of such public comment period. Authorizes the Administrator to extend the disapproval deadline for 60 days if the State submits additional information after the close of the public comment period. Directs the Administrator, within the 120-day period after the close of the public comment period to: (1) review any objections filed during the public comment period which were also filed during State proceedings; and (2) either disapprove or determine not to disapprove the revision based on such review. New Source Permits and Operating Permits - Revises SIP requirements relating to new source permits and operating permits. Provides that a modification of an existing source shall be subject to a new source review only if such modification increases emissions or potential emissions by 100 tons or more per year (the same level as that which applies to new sources). Prohibits the Administrator from requiring major stationary sources which comply with BACT requirements to adopt more stringent emission limitation or standard during the ten-year period after the new source permit is issued, except in cases of previously unregulated pollutants or hazardous pollutants or public health emergencies. Prohibits the Administrator from requiring a proposed major emitting facility to comply with any administrative or procedural requirements for permit issuance or emissions calculation which are adopted or modified after the date on which the permit application has been deemed complete, until final action on such application. Allows a State to adopt a program for establishing or modifying emission limitations and schedules and timetables for compliance for all or any class of sources in such State, through operating permits, general source-specific regulations, or other means. Excludes from coverage under such State program emission limitations established for a new source by a State pursuant to specified provisions relating to new source performance standards, national emission standards for hazardous pollutants, prevention of significant deterioration of air quality, and nonattainment areas. Sets forth requirements for any such State program. Provides for EPA review of: (1) any new or modified emission limitation which involves a potential net increase in emissions of 100 tons or more per year for a particular source or class of sources; or (2) any action delaying compliance with an emission limitation for a particular source or class of sources which would reduce emissions by 100 tons or more per year. Hazardous Air Pollutants - Directs the Administrator, within 60 days after the date of enactment of this Act, to identify at least 20 substances or materials for which the Administrator intends to decide, within two years after such enactment date, whether or not to include such substances in the list of hazardous air pollutants (the NESHAPs list). Requires that such identification include: (1) each substance or material for which the EPA is projected to have completed a health assessment within two years of such enactment date; and (2) each other substance or material under EPA evaluation for inclusion on the NESHAPs list for which EPA has positive data from one or more tests indicating carcinogenicity in humans or other mammals. Directs the Administrator, within one year of such enactment date, to identify at least 20 additional substances or materials for which an inclusion decision will be made within five years of such enactment date. Requires that first consideration, in both such identifications, be given to specified substances and materials which the EPA has been evaluating. Directs the National Toxicology Program, through its Director, to recommend substances or materials which should be so identified, and to continue to recommend substances and materials which may be appropriate for inclusion on the NESHAPs list. Directs the Administrator, at the time the additional substances or materials are identified, to also identify what additional research, study, or evaluation is necessary for a determination. Directs the Administrator, in cooperation with the National Toxicology Program, to: (1) establish a schedule for initiating and completing such research, study, or evaluation; (2) identify the agency which will undertake it; and (3) identify the source and amount of funding for it, if such funding is not provided through the Hazardous Substance Response Trust Fund. Directs the Administrator to establish a docket for each substance identified and provide opportunity for submittal of information by interested parties. Directs the Administrator, within two years in the case of those substances in the first identification and within five years in the case of the additional substances identified, to publish the determination of whether each substance or material is a hazardous air pollutant to be included on the NESHAPs list, with the basis and the available information for such determination. Requires that a substance or material be included on the NESHAPs list by operation of law if the Administrator fails to make a determination by the appropriate deadline. Provides for removal from the list if the Administrator, within 180 days of such inclusion and upon petition by an interested party, makes a determination that such substance or material is not a hazardous air pollutant. Provides that neither the identification for determination purposes nor the automatic listing due to failure to meet the deadline shall be deemed a presumption that a substance or material is a hazardous air pollutant. Directs the Administrator to specify the chemical forms of a substance or material which are determined to be hazardous air pollutants when including such substance or material on the NESHAPs list. Directs the Administrator to identify the categories of sources which emit each hazardous air pollutant on the NESHAPs list in significant amounts. Extends from 180 days to one year the period after proposal of emission standards during which the Administrator must establish final emission standards for hazardous air pollutants (NESHAPs). Requires that NESHAPs be established at a level requiring the greatest degree of emission reduction of such pollutant through the application of the best system of continuous emission reduction available for the class or category of source, taking into account the cost of achieving such reduction and any nonair quality health or environmental impacts (BACT - the Best Available Control Technology). Directs the Administrator to determine whether such emission standard is adequate to protect the public health from such hazardous air pollutant with an adequate margin of safety, and, if not, to establish such standard at a more stringent level. Requires that NESHAPs be at least as stringent as the most stringent emission limitation shown by an adequate operating history to have been achieved in practice by a source of the same class or category (LAER-the Lowest Achievable Emission Rate). Authorizes the Administrator to distinguish among classes, types, sizes, and periods of remaining useful life for sources within a category of sources for purposes of establishing NESHAPs. Directs the Administrator to establish for each class or category of existing source deadlines which provide for NESHAP compliance as expeditiously as possible, but not later than two years after the effective date of the NESHAP. Provides that such NESHAPs amendments shall not affect any NESHAP promulgated prior to the enactment of this Act. Primary Nonferrous Smelter Orders - Extends the date by which primary nonferrous smelter orders must require final compliance with applicable sulfur oxides emission limitations from January 1, 1988, to January 1, 1993. Permits determinations of such compliance to take into account the effect of the de-minimis use of supplementary controls (up to five percent of any calendar year). Noncompliance Penalties - Requires that noncompliance penalties be reduced by the amount of any expenditures used to achieve interim reductions of the pollutant, by a method approved by the Administrator (or the State, as appropriate). Ozone Protection - Directs the Administrator to give priority in ozone protection studies and research to increasing actual measurements of stratosphere ozone and improving methods of identifying potential trends in such measurements. Directs the Administrator to contract annually with the National Academy of Sciences to: (1) continue review and research; (2) determine the extent, nature, and causes of changes in stratosphere ozone concentration; (3) investigate probable or possible effects on health and the environment; and (4) report all findings and associated uncertainties. Directs the National Academy of Sciences, in consultation with the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration, to report, within two years after enactment of this Act and annually thereafter, all findings concerning actual or potential alteration of the concentration of ozone in the stratosphere, its causes, and associated implications and uncertainties. Requires that such report be made to the Administrator and to the Congress, with copies available to the public. Requires that research and monitoring programs be continued and expanded to determine the extent, nature, causes, effects, and associated uncertainties of stratospheric ozone changes. Directs the President, within two years after enactment of this Act and annually thereafter, to report to the Congress and the public on efforts to reach international agreements among the major free-world producing countries of chlorofluorocarbons as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Directs the Administrator, in proposing further regulations for the control in the United States of any chlorofluorocarbon under the Act or the Toxic Substance Control Act, to first: (1) determine that chlorofluorocarbons are contributing to depletion of the stratospheric ozone which is occurring, or is likely to occur, at a rate that may reasonably be anticipated to endanger the public health or welfare; or (2) report that international agreement has been reached as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Directs the Administrator, in promulgating such regulations to: (1) take into account any unresolved scientific questions and the availability of suitable alternative products; and (2) specifically consider the health implications of chlorofluorocarbon chemical substitutes and implications of ozone depletion for the public health and welfare. Prevention of Significant Deterioration - Revises provisions for Prevention of Significant Deterioration of Air Quality (PSD). (PSD provisions currently specify allowable short-term and long-term "increments" of emissions of sulfur oxide and particulate matter--regulations for other pollutants are not yet final--in areas with cleaner air than that required by NAAQS. (Currently, the smallest increments are allowed in "class I" areas, which include "statutorily designated" large national parks and wilderness areas, with larger increments in "class II" areas, and the largest increments in "class III" areas). Makes a technical amendment relating to the purpose of the PSD program. Eliminates the tracking of the short- term (three-hour and 24-hour for sulfur dioxide and 24-hour for particulate matter) increments in class II areas, by providing that the owner or operator of a major emitting facility must only demonstrate that such facility will not cause such maximum allowable increases to be exceeded during one such period per year. Exempts class II areas within the State of Alaska from compliance with the three-hour maximum allowable increase for sulfur dioxide. Eliminates provisions for class III areas (both for incremental limits and area redesignation purposes). Permits States to designate a PSD area as "unclassified" instead of class I or class II. Provides that unclassified areas (unlike the replaced class III area designation) shall not be subject to PSD increment limits. Permits States to eliminate the PSD increment system anywhere except on national lands which are mandatory class I or "mandatory" class II areas. Requires each State, within 18 months after enactment of this Act, to submit an area classification plan to the Administrator. Requires that such plan: (1) list all areas in the State which are federally mandatory class I or class II or which the State has determined warrant class I or class II designation; and (2) identify all "unclassified" areas within such State to which PSD provisions apply and which are not listed as class I or class II. Provides that unclassified areas shall not be subject to the PSD increment system. Sets forth plan requirements for unclassified areas, including: (1) comprehensive assessment of air quality; (2) long-term (at least 20 years) air quality goals and a procedure for periodic review of such goals; (3) emissions growth projections consistent with attainment of such goals; (4) a requirement that all proposed major emitting facilities which will emit or have the potential to emit 500 tons or more per year of particulate matter or 1,000 tons or more per year of any air pollutant be subject to review and be determined to be consistent with such goals prior to the issuance of a PSD construction permit; and (5) any other requirements the State deems necessary to attain such goals. Subjects area classification plans and revisions to specified requirements for SIP revisions. Requires that all areas which are class II areas immediately prior to enactment of this Act continue to be subject to class II increment limits until the area classification plan is approved. Requires that: (1) notice be afforded and public hearings conducted in at least three different locations in the State prior to submittal of such plan; (2) prior to such hearings, the proposed plan be available for inspection; and (3) affected local officials and Federal Land Managers be notified and provided with opportunity to comment. Eliminates area redesignation provisions requiring preparation of an analysis of the effects of a proposed redesignation and local government concurrence in the redesignation. Revises PSD preconstruction requirements to shorten the period (from one year to six months) during which a PSD permit application must be granted or denied, in the case of a facility emitting less than 500 tons per year of particulate matter and less than 1,000 tons per year of every other pollutant regulated under the Act. Requires that all PSD permit applicants be notified whether the application is complete, within two months after filing. Requires States to notify the Administrator only of applications and final actions on permits for facilities which will emit or have the potential to emit: (1) 500 tons or more per year of particulate matter and 1,000 tons or more per year of any other air pollutant; or (2) pollutants affecting air quality in any class I area. Provides that Federal Land Managers have a responsibility to: (1) identify (as well as protect) air quality related values of Federal class I areas (including visibility within such area); and (2) file a notice, and supporting information, to the permitting authority where emissions from a proposed major facility may have an adverse impact on such values; and (3) monitor and gather other information on air quality to assist in determining baseline concentrations and carrying out other responsibilities. Allows States to make "integral vista" determinations as to whether a proposed facility outside a Federal class I area will impair the vista within such area. Requires States, in any case in which the Federal Land Manager files such an allegation, to provide a public hearing with opportunity for the Federal Land Manager and other interested persons to comment on such impact. Allows a permit to be issued if the State determines that: (1) the facility would not cause a significant impairment of visibility within the integral vista; or (2) such issuance would be in the public interest notwithstanding any such significant impact. Requires the Administrator to follow any recommendations of the Governor, consistent with other requirements of the Act, when the Administrator is the PSD permitting authority for an integral vista determination. Eliminates the requirement that an air quality analysis include continuous air quality monitoring data gathered over a specified period. Allows a State to determine whether such monitoring data is necessary or appropriate for making a construction permit decision. Redefines "construction" for PSD permit purposes, to exclude modifications of existing facilities that will increase or have the potential to increase emissions of any pollutant by less than 100 tons per year. Requires the PSD permitting authority, before determining the "best available control technology" (BACT) to be achieved by a proposed major facility which will emit 500 tons or more per year of particulate matter or 1,000 tons or more per year of any other air pollutant regulated under the Act, to: (1) review the emission limitations with respect to such pollutant achieved in practice by or required under the Act for major emitting facilities of the same size, type, and class; and (2) identify the most stringent of such emission limitations and first consider these before determining the BACT to be achieved; and (3) provide information to the public regarding any decision to require a less stringent limitation. Requires that such review consider only emissions limitations: (1) for facilities within the same State (or EPA administrative region, if appropriate) as the proposed facility; (2) described in specified guidance documents; or (3) of which actual notice has been received by the permitting authority. Redefines "baseline concentration" to specify that this term refers to the ambient concentration levels in all PSD areas where such levels have been or will be affected by a facility which is applying for a permit. Includes data submitted by a Federal Land Manager among the data to be used in determining baseline concentration. Provides for updating of baseline concentrations following the redesignation of an area as class I. Fugitive Dust - Allows the Governor, in determining PSD increment consumption by a new source, to exclude concentrations of particulate matter attributable to emissions composed of soil which is uncontaminated by pollutants resulting from industrial activity. Requires that the State have an approved SIP for carrying out the PSD program and that there be notice and opportunity for public hearing before the Governor makes such exclusion. Provides, in any State where the Administrator is the permitting authority, that the Administrator may (and must, if petitioned by the Governor) make such exclusion of uncontaminated soil. Visibility - Revises provisions for the visibility protection program in mandatory class I areas to specify that such program is intended to prevent significant impairment of visibility in such areas. Prohibits the Administrator from requiring any existing source to procure, install, or operate any retrofit technology to prevent or remedy impairment of visibility outside the boundaries of a mandatory class I Federal area, unless the appropriate Governor has been notified and has not determined within a reasonable time that such action would not be in the public interest notwithstanding such impairment. Adds a definition of "integral vista" as ones included in a specified list published by the Department of the Interior for public comment. International Pollution - Discounts emissions from an immediately adjacent area in a foreign country which does not allow the United States to seek specified emissions reductions, in determining whether nonattainment provisions apply to an area in the United States that is exceeding a national ambient air quality standard (NAAQS). Declares the sense of the Congress that the President shall undertake negotiations with any foreign country from which emissions would cause an area in the United States to be a nonattainment area except for such discount, with the purpose of having such foreign country give the United States essentially the same rights to seek emissions reductions given other countries under the Act. Technology Requirements for Nonattainment Areas - Deletes provisions for a "lowest achievable emission rate" (LAER) from nonattainment area requirements. Requires new or modified sources constructed in nonattainment areas to adopt "best available control technology" (BACT). Requires, further, for any major stationary source emitting a pollutant (or pollutant precursor) for which the area is nonattainment, the permitting authority to establish an emission limitation for such pollutant at least as stringent as the most stringent limitation: (1) shown by an adequate operating history to have been achieved in practice by a major stationary source of the same size, type, and class within the same Federal administrative region; or (2) included in a permit issued for such an existing source before the permit application for the proposed source is complete, unless the permitting authority determines that such emission limitation in the issued permit is not achievable for the proposed source. Requires the permitting authority to review emission limitations and identify most stringent limitations only if: (1) the sources are in the same State (or EPA administrative region) as the proposed source; (2) specified guidance documents describe the emission limitation; or (3) the permitting authority has received actual notice of the emission limitation. Revises permit issuance requirements for nonattainment areas to subject a proposed source to BACT (rather than LAER). Nonattainment Definitions - Provides, for nonattainment area purposes, that "major stationary source" includes each discrete operation, unit, or other activity which produces or may produce emissions of 100 tons or more per year of a pollutant or pollutant precursor for which the area is a nonattainment area. Defines "vehicle inspection and maintenance programs" (I/M programs) to require: (1) areas which are nonattainment for carbon monoxide to have a program that is as effective in reducing vehicle emissions as specified programs fully approved by the EPA; and (2) areas which are nonattainment only for photochemical oxidant and in which motor vehicle emissions contribute less than one-third of the total hydrocarbon emissions to have a program that requires annual emissions testing or direct inspection of control equipment and that provides for attainment of the photochemical oxidant standard by the applicable deadline. Construction in Nonattainment Areas - Provides for an alternative to specified construction bans in nonattainment areas. Allows construction of a new or modified source, under specified circumstances, if offsets equal to twice the emissions from the new or modified source are obtained from existing sources. Nonattainment Plan Provisions - Extends to December 31, 1984, a State's deadline for attaining any primary ambient standard (primary NAAQS) if the State: (1) certifies that attainment could not be achieved by the December 31, 1982, deadline despite implementation of all measures in an approved or promulgated SIP; and (2) agrees not to relax any emission limitation in an approved SIP. Requires States to submit by December 31, 1984, any SIP revision providing for extensions of attainment deadlines to: (1) December 31, 1985, for sulfur dioxide, nitrogen dioxide, and particulate matter; or (2) December 31, 1987, for photochemical oxidants and carbon monoxide. Permits areas, if the Administrator determines they cannot meet the 1987 deadline despite implementing all reasonably available control technologies, an offset or equivalent program, and a vehicle I/M program, to extend the deadline: (1) for photochemical oxidants or carbon monoxide until December 31, 1992, if 1979 or 1980 levels for such pollutant were at least twice the primary NAAQS; or (2) for photochemical oxidants until December 31, 1990, if such levels were less than twice the primary NAAQS. Requires SIPs to provide for operation of a vehicle I/M program in any urbanized area with greater than 200,000 population which is seeking a deadline extension beyond 1982 for: (1) carbon monoxide; or (2) photochemical oxidants, if the 1979 and 1980 level exceeded the primary NAAQS by 50 percent or more. Requires that operation of such vehicle I/M programs begin as expeditiously as possible, but no later than January 1, 1985, for extensions requested after the enactment of this Act, and that such SIPs include reasonably available measures to assure continous compliance with SIP and permit requirements for major stationary sources. Prohibits relaxation or delay of any stationary source emission limitation or schedule of compliance in any area which receives a deadline extension under specified provisions of this Act for any primary NAAQS. Provides that an SIP establish the "growth allowance" (the allowance permitted for a pollutant, or precursor, for which an area is nonattainment from a new or modified major stationary sources) if: (1) there is an approved emissions inventory and allowable emissions from proposed new or modified stationary sources, in combination with all other increases in emissions of such pollutant (not offset by any reductions in emissions at any source) do not exceed one percent, in any calendar year, of the total annual emissions for such pollutant recorded in the inventory; (2) the State conducts a review prior to construction or modification and requires BACT for every new or modified source with potential emissions of 50 tons or more per year of such pollutant (without offsets); and (3) the SIP meets specified requirements, including the demonstration of reasonable further progress. Permit Requirements for Nonattainment Areas - Provides that any emissions reductions from existing sources required as a precondition for nonattainment area permit issuance may include any emissions reductions: (1) from nonindustrial sources, inanimate natural sources, and mobile sources; or (2) achieved by a State or local government and paid for by the owner or operator of the proposed new or modified source. Limitations on Certain Federal Assistance - Authorizes the Administrator to determine the extent and categories of withholding grants and project approval under the Act and under the Federal aid to highways program. Prohibits the Secretary of Transportation from approving projects or making grants in nonattainment areas which are not planning or implementing required vehicle I/M programs by the established deadlines. Exempts from such prohibition highway grants for Interstate highway construction, landscaping, and noise attention barriers (as well as for safety, mass transit, and transportation projects related to air quality improvement or maintenance). Interstate Transport and Acid Precipitation Reduction - Establishes a new program entitled "Interstate Transport and Acid Precursor Reduction." Establishes a long-range transport corridor, the "acid deposition impact region," consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia. Directs the Administrator to: (1) conduct a study of air pollution problems associated with the long-range transport of pollutants in the portions of the continental United States not included in the acid deposition impact region; and (2) report the results to Congress within two years. Directs the Acid Precipitation Task Force established under the Energy Security Act to submit to the appropriate congressional committees two comprehensive reports, one by December 31, 1985, and one by December 31, 1987, on the specified research findings and recommendations for reducing acid deposition and its effects. Authorizes additional appropriations for the Task Force for carrying out specified activities in FY 1983 through 1987. Directs the Task Force to also conduct and support research on advanced flue-gas cleaning and precombustion fuel treatment technologies and inherently low-emission combustion processes (including atmospheric and pressurized fluidized bed combustion). Authorizes appropriations for FY 1984 through 1988 to a Task Force member for partial funding of a joint project among the Tennessee Valley Authority and other appropriate participants for a demonstration facility to generate electricity using an atmospheric fluidized bed combustion process. Establishes an Acid Precipitation Scientific Review Board, to be appointed by the National Academy of Sciences. Directs the Board to review: (1) all available information on the causes, extent, and potential environmental impacts of acid deposition; and (2) all activities being performed by the Task Force. Directs the Board to submit at least two comprehensive reports, one not later than June 30, 1986, and one not later than June 30, 1988, on the results of such reviews, including a review of the Task Force's reports and the Board's own recommendations for acid deposition reduction. Authorizes appropriations for Board activities for FY 1983 through 1988. Directs the Administrator to report to the appropriate congressional committees on emission limitation and other enforceable measures for all States in the acid deposition impact region which are adopted, approved, or in effect under interstate transport and acid precursor reduction provisions. Directs the Office of Technology Assessment to: (1) analyze the control requirements of such reported enforceable measures in terms of environmental benefits, implementation costs, and potential effects on coal production or markets, on both aggregate regional and a State-by-State basis; and (2) report to the appropriate congressional committees. Requires such committees to conduct hearings on such acid deposition control matters. Directs the Administrator to: (1) develop an inventory of sources of nitrogen oxides in the acid deposition impact region and each of its States; and (2) report within four years of enactment of this Act to the appropriate congressional committees on the inventory, control technologies and methods for new and existing nitrogen oxides sources, and recommendations for control requirements. Directs the Administrator and the Secretary of the Treasury to conduct, and report to the Congress on, a joint study of a fee system on energy generators in the acid deposition region to finance emission reductions. Authorizes the Administrator, directly or through grants to any State or interstate agency, to develop, refine, demonstrate, and implement methods of: (1) neutralizing or restoring the buffering capacity of acid altered bodies of water that can no longer support game fish species; and (2) removing from bodies of water toxic metals or other toxic substances mobilized by acid deposition. Permits inclusion in such grants of amounts necessary for reports, plans, and specifications. Prohibits such grants from being made for any project: (1) in an amount exceeding 75 percent of costs; or (2) that involves bodies of water that did not contain game fish as established by State law prior to 1970. Authorizes appropriations for such purposes for FY 1983 through 1985. Requires that annual emissions of sulfur dioxide in the acid deposition be reduced by 8,000,000 tons from the total 1980 level, through a phased reduction to be completed by January 1, 1995. Requires that post-1980 increases in sulfur dioxide emissions from major stationary sources be added to the amount which a State in the region is required to reduce. Prohibits any major stationary source in the region from increasing its actual rate of sulfur dioxide over its 1980 level. Exempts from such requirement and such prohibition: (1) any State (and sources in such State) which had no 1980 utility boiler with annual average emissions greater than 1.2 pounds per million Btu; and (2) any utility boiler which converts to coal and emits no more than 1.5 pounds per million Btu. Prohibits any new major stationary source of sulfur dioxide from commencing operation in the region after January 1, 1995, unless there is an "offset" (a simultaneous net reduction in emissions of sulfur dioxide at one or more points in such region, which is: (1) identified for the new source; (2) in excess of the potential emissions from the new source; and (3) not otherwise required under specified provisions of the Act). Exempts from such prohibition any such source which: (1) adopts BACT; and (2) attains the most stringent emission limitation achieved by any source of the same size, type, and class within the region. Prohibits any major stationary source of nitrogen oxides in the region which began operation before January 1, 1981, from increasing its actual rate of such emissions over 1980 levels or levels experienced during a thirty-day period immediately prior to enactment of this Act, unless there is an "offset." Exempts from such prohibition utility boilers which convert to coal as a primary fuel. Requires the Governors of the 31 States within the region to negotiate the allocation of required reductions of sulfur dioxide among such States. Provides that any such allocation agreement shall be binding and enforceable upon each such State within 18 months after enactment of this Act upon notification to the Administrator by 75 percent of such Governors that such agreement has been reached. Sets forth a formula to determine such allocation of State sulfur dioxide reduction requirements, if the Governors fail to make such agreement within such time period. Provides for reallotment agreements between the Governors of two or more States in the region. Requires each State in the region, within 42 months after enactment of this Act, to: (1) adopt measures to achieve such sulfur dioxide emissions reductions, including emissions limitations and compliance schedules; and (2) submit such measures to the Administrator for review and approval and to the other Governors for comment. Subjects any major stationary source in the region which is not by December 31, 1985, in full compliance with the applicable SIP for sulfur dioxide in effect on January 1, 1981, to: (1) a 30-day average emission limitation of 1.2 pounds of sulfur dioxide per million Btu for all sources owned by its owner; and (2) specified noncompliance penalties. Encourages each State in the region adopting, and the Administrator in reviewing, such measures to phase compliance dates so that significant emission reduction is achieved prior to January 1, 1995. Requires each source which proposes to comply with such sulfur dioxide emission limitations by any means other than an innovative system of continuous emission reduction or the replacement of existing facilities with new facilities of substantially lower emissions to comply by January 1, 1993. Provides that, in States which have not adopted such measures within 42 months after enactment of this Act or which have not had such measures approved by the Administrator within six months after submission, each fossil-fuel-burning electric generating facility shall comply with an emission limitation for all such facilities owned or operated by the same entity in the region equivalent to a 30-day average of 1.2 pounds of sulfur dioxide per million Btu. Requires owners or operators of such facilities to submit to the Administrator a plan and schedule for compliance not later than four years after enactment of this Act or six months after such owner or operator becomes subject to such emission limitation. Directs the Administrator to approve any such plan and schedule if it contains requirements for continuous emission reduction and monitoring and achievement of compliance by January 1, 1995. Allows a State or source owner or operator to use specified methods or programs for net emission reduction required under the acid deposition region provisions in addition to enforceable continuous emission reduction measures, if such methods or programs are enforceable by the Federal Government, States other than those in which the emissions occur, and citizens. Lists such methods and programs as: (1) least emissions dispatch to meet electric generating demand at existing generating capacity; (2) early retirement of sources; (3) energy conservation investments; (4) trading emission reduction requirements and actual reductions on a State or regional basis; and (5) precombustion cleaning of fuels. Interstate Pollution - Requires SIPs to prohibit any stationary source from emitting any air pollutant in amounts which will: (1) interfere with attainment or maintenance by any other State of any primary or secondary NAAQS; or (2) contribute to atmospheric loadings of pollutants or their transformation products which may reasonably be anticipated to cause or contribute to an adverse effect on public health or welfare or the environment in any other State or foreign country. Revises provisions relating to stack heights to redefine "good engineering practice" to mean the height necessary to insure that stack emissions do not result in excessive air pollutant concentrations in the "impact area" of the source. Authorizes the Administrator to prohibit increases in, or restrict, the stack height of any source. Directs the Administrator, within one year of enactment of this Act, to complete a review of emission limits for all existing major sources which have come into existence since 1970, or raised stack heights since 1970, to determine if such limits are inappropriately based upon modeling credit for stack heights above good engineering practice. Directs the Administrator to require States to correct inappropriately based emission limits within six months. Makes it the burden of the operator of each such source to demonstrate the correct stack height credit to be used. Makes emission of an air pollutant which, by itself or in combination, reaction, or transformation, adversely affects the public health or welfare of another State a violation of interstate pollution abatement provisions. Requires major existing sources to install reasonably available control technology (RACT) within two years of a finding of such violation. Requires SIPs to require each major proposed new (or modified) source which may significantly contribute to levels of air pollution in any air quality control region outside the State to notify all nearby States. Allows State or local governments to petition the Administrator for a finding that any major source or group of sources is in violation of specified SIP or interstate pollution abatement provisions. Provides that all language referring to welfare under the Act also includes, but is not limited to: (1) effects on precipitation; and (2) specified effects whether caused by transformation, conversion, or combination with other air pollutants. Makes violations of the interstate pollution provisions subject to citizen suit provisions under the Act. Title II: Amendments Relating Primarily to Mobile Sources - Amends part A (Motor Vehicle Emission and Fuel Standards) of title II (Emission Standards for Moving Sources) of the Act. Heavy Duty Vehicle Emissions - Eliminates the authority of the Administrator to revise the heavy duty vehicle standards for emissions of hydrocarbons and carbon monoxide, which require a reduction of at least 90 percent. Makes such standards applicable during and after model year 1984. Sets a four-model-year period "lead time" between promulgation (or revision) and effective date of heavy duty vehicle standards for particulate matter. Provides that standards for particulate matter and for nitrogen oxides shall remain in effect for at least four model years. Authorizes the Administrator to make appropriate arrangements with the National Academy of Sciences to review the technological feasibility of any proposed standard for particulate matter. Directs the Administrator, in setting any heavy duty vehicle emission standard, to take into account the effect of attaining that standard on the attainment of other such existing or proposed emission standards for each other pollutant. Authorizes the Administrator to prescribe heavy duty vehicle or engine standards for emissions of nitrogen oxides and particulate matter for diesel-powered vehicles and engines which take effect in the same model year. Directs the Administrator to consider studies available from the Health Effects Institute, in conducting a continuing pollutant study concerning the effects of each air pollutant emitted from heavy-duty vehicles or engines and from other sources of mobile source related pollutants on the public health and welfare. Redefines "useful life," for purposes of heavy-duty vehicle and engine regulations, as the greater of: (1) one- half of the average time or use between first use and engine retirement or rebuild or any other measure of actual life determined by the Administrator; or (2) the duration or mileage of the published commercial warranty. Light Duty Vehicle Emissions - Sets a nitrogen oxides emissions limitation of 1.5 grams per vehicle mile for diesel-powered duty vehicles and engines manufactured during model years 1983 and 1984. Sets a particulate matter emissions limitation of 0.2 grams per vehicle mile for light duty vehicles and engines manufactured during model year 1986 and thereafter. Provides for a waiver of such standard to O.6 gram per vehicle mile of particulate matter for any class or category of light duty vehicles or engines manufactured during the model years 1986 and 1987, under specified conditions. Provides for a waiver of the 1986-1987 model year nitrogen oxides emissions standard to 1.5 grams per vehicle mile for diesel-powered light duty vehicles or engines, if such waiver will avoid granting the waiver with respect to particulate matter. Light Duty Truck Emissions - Sets low altitude emissions limitations for light duty trucks. Sets such limits at the following grams per vehicle mile for: (1) hydrocarbons, 1.7 in model year 1983 and 0.8 in model year 1984 and thereafter; (2) carbon monoxide; 18 in 1983 and ten in 1984 and thereafter; (3) nitrogen oxides, 2.3 in 1983 and 1984, 1.2 (for 6,000 pounds or less vehicle weights) in 1985 and thereafter, and 1.7 (for over 6,000 pounds vehicles) in 1985 and thereafter; and (4) particulate matter, 0.26 in 1986 and thereafter. Provides for waivers of such particulate matter standard to 0.6 grams per vehicle mile, under specified conditions. Provides for waiver of such nitrogen oxides standards to 1.7 (for 6,000 pounds or less vehicles) and 2.3 (for over 6,000 or less vehicles), if such waiver will avoid granting the waiver with respect to particulate matter. High Altitude Motor Vehicle Emissions - Eliminates the requirement that all model year 1984 and later light duty vehicles comply with national emission standards regardless of the altitude at which they are sold. Directs the Administrator to establish separate low altitude and high altitude emission standards for model year 1984 and later light duty vehicles and light duty trucks. Requires that the high altitude standards be equal in numerical value to the low altitude standards for emissions of: (1) nitrogen oxides from all such model year 1984 and later vehicles; and (2) carbon monoxide from model year 1984 and later light duty vehicles and model year 1985 and later light duty trucks. Provides that high altitude emission standards for every other pollutant must require a percentage reduction at least equal to the percentage reduction which the corresponding low altitude standards require at low altitude. Prohibits such high altitude standards from being numerically more stringent than corresponding low altitude standards. Authorizes the Administrator to issue certificates of conformity for model year 1984 and later for light duty vehicles and light duty trucks if they comply under: (1) low altitude conditions with low altitude standards, and are capable by design, or by approved adjustments or modifications, of complying under high altitude conditions with high altitude standards; (2) low altitude conditions with low altitude standards, and are subject to a specified exemption; or (3) high altitude conditions with high altitude standards, and the manufacturer demonstrates that virtually all such vehicles are intended for principal use at elevations of at least 4,000 feet above sea level. Directs the Administrator to determine the durability under high altitude conditions of the emission control performance of vehicles using data from tests conducted under low altitude conditions on the same or similar vehicles, unless the Administrator determines that it is necessary or appropriate to conduct separate tests under high altitude conditions. Sets forth requirements for adjustments and modifications to ensure adequate performance under high altitude conditions, and for readjustments or remodifications for such performance under low altitude conditions. Exempts, upon a manufacturer's application, motor vehicles for one model year from high altitude requirements if: (1) the Administrator has approved high altitude performance instructions for such vehicles; and (2) the number of such vehicles intended for principal use in designated high altitude areas represents not more than 15 percent of the manufacturer's anticipated combined sales in that model year of light duty vehicles and light duty trucks intended for principal use in designated high altitude areas. Requires exempted manufacturers to make all reasonable efforts to ensure that an individual vehicle has been adjusted or modified before sale or delivery to the ultimate purchaser in accordance with such approved instructions. Requires exempted manufacturers to inform the Administrator of actual combined sales, and provides for appropriate reductions of future exemptions. Requires dealers to certify to purchasers that required adjustments or modifications have been performed on model year 1984 or later light duty vehicles or light duty trucks intended for principal use in a designated high altitude area. Permits manufacturer's instructions for high altitude performance adjustments or modifications (and readjustments and remodifications) to include changes in gear ratios. Requires manufacturers to make such instructions and descriptions available to their authorized dealers, and upon request to service and repair establishments, in high altitude areas. Directs the Administrator, upon the request of a national association of motor vehicle dealers, to compile data on the availability and distribution of light duty vehicles and light duty trucks to dealers in designated high altitude areas. Requires a report on such data to be submitted to the Congress and published in the Federal Register within six months of such request. Provides for a six-month extension of this deadline if there is also a request for data on high altitude emission standards compliance costs and effects on sales. Sulfur Emissions - Directs the Administrator to prohibit the sale of diesel fuel for use in motor vehicles with a sulfur content of more than 0.5 percent by weight or such lesser limit as is necessary to protect the public health or welfare. Requires that regulations for such prohibition: (1) be promulgated at such time as diesel-powered vehicles constitute ten percent of the total annual sales of light duty vehicles and light duty trucks; and (2) take effect within 48 months after January 1 of the first calendar year in which such a sales level is reached. Imported Vehicles - Revises the prohibition against importation of new motor vehicles or new motor vehicle engines without a certificate of conformity with applicable emissions standards. Limits the exemption from such prohibition, exemption under which an importer may furnish a bond to insure that such vehicle or engine will be brought into such conformity, to those vehicles or engines which are of a class for which application for a certificate is pending. Exempts new vehicles or engines which are five model years old or older. Provides that an importer of vehicles who is not otherwise a manufacturer shall not be considered a small manufacturer for purposes of the small volume certification procedure. Vehicle Imports into Territories - Exempts from imported vehicle certification requirements of the Act vehicles imported for commercial or public transportation use, which would otherwise be unavailable, into and solely for use within a Territory of the United States which is not a nonattainment area and which imports fewer than 500 vehicles per year. Lead in Gasoline - Prohibits the Administrator from allowing the average lead content per gallon of leaded gasoline to exceed, in future quarters, the average achieved during the quarter ending June 30, 1982. Prohibits any amendment of specified EPA regulations in effect on July 1, 1982, which would allow any increase in the average lead content per gallon of gasoline. Definitions - Defines "heavy duty vehicle" and "heavy duty vehicle and engine" as a motor vehicle, including engine, with: (1) more than 8,500 pounds gross vehicle weight; (2) more than 6,000 pounds vehicle curb weight; or (3) more than 45 square feet basic vehicle frontal area. Defines "light duty truck" and "light duty truck and engine" as a vehicle, including engine, with gross vehicle and curb weight below the heavy duty vehicle level and which: (1) is designed primarily for transportation of property or is a derivation of such vehicle; (2) is designed primarily for transportation of persons has a capacity of more than 12 persons; or (3) has special features enabling off-street or off-highway operation and use. Authorizes the Administrator, notwithstanding such definitions, to define as a heavy duty vehicle instead of a light duty truck any vehicle with a gross weight more than 6,000 pounds but less than 8,500 pounds, and which is designed primarily for commercial (including agricultural) use and not for uses performed by light duty trucks. Sets forth provisions for high altitude emission standards for such redefined vehicles. Defines "light duty vehicle" and "light duty vehicle and engine" as a motor vehicle, including engine, designed primarily for transportation of persons which has a capacity of 12 persons or less. Defines "designated high altitude areas" as all countries identified in high altitude emission standards regulations in effect on December 31, 1981, which are in a State in which one or more such countries was in whole or in part during calendar year 1981 a nonattainment area for carbon monoxide photochemical oxidants. Defines "high altitude conditions" as an elevation of approximately 5,300 feet above sea level, or a barometric pressure corresponding to such elevation. Defines "low altitude conditions" by the definition given in regulations in effect on December 31, 1981, unless the Administrator by regulation promulgates another definition. Title III: Other Amendments and Provisions - Judicial Review - Revises provisions governing judicial review of EPA final actions under the Act. Allows petitions for review of locally or regionally applicable actions to be filed only in the U.S. Court of Appeals for an appropriate circuit. Allows petitions of review of nationally applicable actions to be filed in the U.S. Court of Appeals for the District of Columbia or in any U.S. Court of Appeals for a circuit in which the petitioner resides or transacts business. Establishes a random selection procedure, to be administered by the Administrative Office of the United States Courts, to determine the court of appeals in which an EPA action is to be reviewed when petitions for review have been filed in two or more courts of appeals. Directs the Administrator, following such determination, to promptly file the record in such court. Directs other courts to promptly transfer such petitions to such court. Provides that any court in which a petition has been filed, including any court selected by the random procedure, may transfer such petition to any other court of appeals for the convenience of the parties or otherwise in the interest of justice. Changes the period within which a petition for review of an EPA promulgation, approval, or action must be filed from 60 to 120 days after notice is published in the Federal Register, but requires petitions based solely on grounds arising after such 120-day period to be filed within 60 days after such grounds arise. Award of Fees - Limits the award of litigation costs, in proceedings for judicial review of EPA actions and citizen suits under the Act, to prevailing or substantially prevailing parties. Appropriations - Authorizes appropriations for FY 1983 through 1987 to carry out the Act, other than specified provisions for research and special studies under the interstate transport and acid precursor reduction program and other research, development, and demonstration activities. Wood Smoke Study - Directs the Administrator to: (1) study the effects of wood combustion on ambient air quality; (2) research and monitor the direct or indirect effects of emissions associated with wood combustion on public health or welfare; (3) research and develop a uniform method to measure emissions from wood combustion devices, including testing and recommending designs for such devices; (4) report by December 31, 1984, to Congress on such study and research and on any regulatory action taken or proposed and any recommendations for legislation made; and (5) consider any appropriate use of specified provisions under the Act to control emissions associated with wood combustion. Allows such studies and research to be undertaken with cooperation and assistance from universities, private industries, and local and State governments. Directs Federal agencies to assist the Administrator in carrying out such studies and research. Limits the term "wood combustion," for purposes of such requirements, to the burning of wood, wood by-products, or wood wastes to produce heat for residential, commercial, or institutional applications with a heat input of less than 5,000,000 Btu per hour. Indoor Air Pollution Study - Directs the Administrator to carry out a research program on indoor air quality designed to gather information on associated health problems and to coordinate Federal, State, local, and private research, development, and demonstration relating to indoor air quality improvement. Authorizes the Administrator to establish: (1) committees representing concerned Federal agencies; and (2) advisory groups representing science, industry, and public interest organizations. Directs the Administrator to consult and coordinate with State and local officials and other interested parties. Sets forth activities which the research program must include but not be limited to. Directs the Administrator to submit to Congress: (1) an implementation plan for such research program within one year after enactment of this Act; (2) a progress report within 36 months of such enactment; and (3) a final report within 54 months of such enactment. Requires the progress report and final report to be submitted to the National Academy of Science (NAS) before submittal to Congress, and to include any NAS comments. Declares that nothing in such indoor air quality research program provisions shall be construed to: (1) authorize the Administrator to carry out any regulatory program or activity; or (2) limit the authority of the Administrator or any other Federal agency or instrumentality under any other authority of law. Authorizes appropriations for FY 1983 and 1984 to carry out the indoor air quality research program. Cold Weather Carbon Monoxide Emissions Study - Directs the Administrator to: (1) study the feasibility and benefits of requiring motor vehicle design modifications or engine adjustments, or both, to reduce emissions of carbon monoxide under cold weather conditions, while maintaining or improving vehicle performance and fuel economy; and (2) report to Congress the study's findings and recommendations within two years after enactment of this Act.
United States · United States Congress · 10 March 1983
Amends the Federal Aviation Act of 1958 to declare congressional policy with respect to the marketing and sale of passenger air transportation. Directs the Civil Aeronautics Board to vacate Order 82-12-85, adopted on December 16, 1982, and to adopt as its final decision in docket numbered 36595 the recommended order of an administrative law judge dated June 1, 1982.
United States · United States Congress · 8 March 1983
Water Projects Amendments of 1983 - Directs the Secretary of the Army, through the Corps of Engineers, to enter into agreements providing for owner contributions to public works projects which will produce increased land values for the owner. Repeals the provision abolishing tolls on government canals. Limits the Secretary of the Army's authority to maintain and rehabilitate navigation projects without congressional authorization. Requires certain reports to the appropriate congressional committees to contain information concerning: (1) the possibility of failure of dam facilities; and (2) the impact on existing recreational facilities of projects, including new recreational facilities. Makes the Secretary of Transportation responsible for all calculations of transportation-related benefits from future water resources projects. Revokes authorization for any project under the responsibility of the Chief of Engineers for which construction has not commenced within ten years of its authorization, unless otherwise directed by a resolution of the appropriate congressional committees. Revokes an authorization for any survey or study under the responsibility of the Chief of Engineers if funds are not expended for them within four full fiscal years following their approval. Directs the Chief of Engineers, within six months of the date of enactment of this Act, to submit to Congress a list of all existing inactive or deferred studies. Sets forth procedures for deauthorization of such studies. Establishes the Advisory Board on Water Resources Complaints to evaluate complaints concerning: (1) existing water resources projects; (2) changes in project operations; (3) construction of new facilities; and (4) changes in requirements for local interests. Directs the Board to transmit its recommendations to the Secretary of the Army, the Senate Environment and Public Works Committee, the House Public Works and Transportation Committee, and to interested State or local public agencies. Authorizes appropriations.
![Official portrait of Sen. Domenici, Pete V. [R-NM]](https://www.congress.gov/img/member/d000407_200.jpg)