United States · United States Congress · 22 March 1983
Acid Deposition Reporting Act of 1983 - Directs the National Weather Service of the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce to issue periodic reports describing the acid content in both precipitation and dry deposition throughout the United States. Sets deadlines and priorities for such reports. Authorizes the Administrator of NOAA to reimburse other public or private entities for costs of data collection for such reports in areas where the NOAA does not presently collect such data. Directs the Administrator to report annually to the Congress on the implementation of this Act, within 90 days of the previous calendar year, beginning in 1985. Directs the Administrator to promulgate rules and regulations to carry out this Act. Authorizes appropriations for FY 1984 through 1987 to carry out specified provisions of this Act.
United States · United States Congress · 21 March 1983
Regional Economic Development Act of 1983 - Title I: Development Assistance - Amends the Public Works and Economic Development Act of 1965 to cite such Act as the Regional Economic Development Act of 1983 and to revise the emphasis of such Act from primary Federal initiative to coordination of investments between the public and the private sectors. Sets forth the findings of Congress. Authorizes the Secretary of Commerce, upon the application of an eligible State, economic development district, unit of local government, Indian tribe, or nonprofit economic development organization, to make a grant for a portion of the cost of projects submitted in a development investment strategy. Sets forth eligible activities for such development investment assistance, including repairs, rehabilitation, and small business establishment. Sets forth specific eligibility criteria for applicants for such assistance. Requires an application for a grant under this Act to include: (1) a certification that the area concerned meets certain distress requirements; (2) a certification of any responsibilities which the Secretary has agreed to perform; and (3) a development investment strategy prepared in accordance with this Act. Requires the Secretary to consider specified purposes of this Act in approving applications. Lists as criteria any one of which an area must meet in order to be eligible for a grant under this Act: (1) a per capita income of 80 percent or less of the national average; (2) an unemployment rate above the national average for the most recent 24 month period; and (3) a sudden economic dislocation resulting in job loss. Sets forth the information to be contained in a grant applicant's development investment strategy. Authorizes the Secretary to make grants to establish a revolving loan fund for making or guaranteeing loans to small businesses for initial or working capital, or the purchase of facilities or equipment. Limits to $1,000,000 the amount of any such grant. Limits the amount of any grant under this Act to a maximum 50 percent of the cost of completing the project as determined at the time of the grant application. Permits the Secretary to reduce or waive the non-Federal share of a project in the case of an Indian tribe. Limits expenditures in any one State to a maximum 15 percent of the appropriations made pursuant to this Act. Requires the Secretary, each fiscal year, to obligate minimum amounts of funds for such grants. Authorizes appropriations through FY 1986. Title II: Investment Strategy, Planning, Evaluation, and Demonstration - Authorizes the Secretary to make economic development planning grants (including grants for preparing development investment strategies) to: States, economic development districts, Indian tribes, distress counties, and certain units of local government. Requires States receiving assistance under this section to submit an annual report to the Secretary on the planning process involved. Requires such planning by an economic development district or an eligible local government unit to be consistent with the appropriate State economic development plan. Earmarks such grants for coordination of investment for community facilities, economic development, manpower training, and transportation services. Authorizes the Secretary to evaluate Federal, State, and local development investment efforts. Authorizes the Secretary to conduct any demonstration program to test the feasibility of new ways to increase productivity, foster innovative technology, match the labor force with projected labor markets, or encourage economic diversity and regional balance. Limits the amount of any such grant to not more than 75 percent of the cost of economic development planning or of investment strategy preparation. Authorizes appropriations through FY 1986. Title III: Administration - Declares that the Secretary of Commerce shall administer this Act with the assistance of a specified Assistant Secretary of Commerce. Authorizes the Secretary to consult with other persons and agencies. Prohibits the approval of any grant unless the Secretary is satisfied that the project concerned will be properly and efficiently administered, operated, and maintained. Sets forth the powers of the Secretary under this Act. Permits the Secretary to discharge any of his responsibilities relative to a project by accepting a certification of the grant applicant's performance of such responsibilities. Requires the Secretary to make a comprehensive annual report to Congress detailing operations under this Act. Requires all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act to be paid the prevailing rate of wage in the locality. Sets forth recordkeeping requirements for the Secretary and for grant recipients. Authorizes appropriations through FY 1986.
United States · United States Congress · 17 March 1983
National Diffusion Network Act - Directs the Secretary of Education to carry out a program to promote the spread of exemplary educational programs, products, and practices to interested elementary and secondary schools. Requires the Secretary to provide for evaluation, information, materials, training, and technical assistance. Authorizes the Secretary to make grants to, and contracts with, public and nonprofit private educational institutions and organizations to carry out such program. Declares that such program shall be deemed to be a continuation of the National Diffusion Network for which provision is made under the Education Consolidation and Improvement Act of 1981. Directs the Secretary to allocate funds available under such Act to such program. Authorizes additional appropriations, if necessary, to carry out such program in FY 1983 through 1986.
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 · 16 March 1983
National Security and Violent Crime Control Act of 1983 - Title I: Narcotics Law Enforcement - National Narcotics Act of 1983 - Establishes an Office of Director of National and International Drug Operations and Policy in the executive branch to plan and coordinate drug enforcement efforts of the Federal Government. Amends the Federal Aviation Act of 1958 to require the revocation of the airman certificate of any person who violates any Federal or State law relating to the transportation or distribution of controlled substances. Provides criminal penalties for the use or sale of fraudulent certificates with the intent or knowledge that such certificates will be used to violate any such laws. Establishes criminal penalties for operating an aircraft with knowledge that such aircraft is used or intended to be used to violate any such laws. Directs the Attorney General to move expeditiously to conduct negotiations to secure the cooperation of law enforcement authorities in foreign countries in order to deprive domestic criminals of use of foreign havens for proceeds of crimes. Title II: Bail, Sentencing, and Criminal, Procedure Reform - Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days if a person: (1) who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community; or (2) is not a U.S. citizen or lawfully admitted for permanent residence. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person and the weight of the evidence against the person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to the safety of any other person or the community and; and (2) the appeal raises a substantial question of law or fact likely to result in reversal or an order for a new trial. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Allows the person released to move for amendment of the conditions of release. Allows a person to file a motion for revocation or amendment of a detention order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. Sentencing Reform Act of 1983 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Imposes maximum penalties for the "Career Criminal". Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office. Amends the Federal criminal code to establish a mandatory term of imprisonment whenever: (1) serious bodily injury results from the defendant's participation in the offense; or (2) the offense is a felony and the defendant was previously convicted of a Federal or State felony, unless a substantial period of time has elapsed. Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Defines such offense as using a firearm to commit a felony over which the district courts have exclusive jurisdiction or carrying a firearm during such a felony involving violence. Deletes the requirement that the firearm be carried "illegally." Increases the additional penalty imposed for such offense from one to ten years' imprisonment to five to ten years' imprisonment for a first offender and from two to 25 years to ten years to life imprisonment for a second or subsequent offender. Extends to first offenders the directions, currently applicable only to second offenders, that the court not suspend any sentence or grant probation and that the additional sentence not run concurrently with any term of imprisonment imposed for the offense itself. Makes a first offender ineligible for parole for five years and a second or subsequent offender ineligible for ten years. Expresses the sense of Congress that the executive prosecute vigorously such offenses. Violent Juvenile Offender Act of 1983 - Amends the juvenile delinquency provisions of the criminal code to lower the age to seventeen for purposes of the section. Permits a juvenile to be proceeded against in Federal district court upon certification of the Attorney General that the offense charged is a felony and that there is substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction. Revises the factors (including the age of the individual and the type of crime) to be considered in delinquency proceedings in district court. Revises procedures for the use of juvenile records. Amends the Federal Property and Administrative Service Act to authorize the donation of surplus Federal property to a State for housing violent juvenile offenders. Federal Diversion Act of 1983 - Authorizes the preparation of a diversion program for eligible individuals charged with non-violent Federal offenses. Includes in such program, among other activities: medical, educational, vocational, social, and psychological services; corrective and preventive guidance; counseling; restitution to the victim of the offense; and uncompensated community service. Includes among the criteria for eligibility that the person has not exhibited a continuing pattern of criminal behavior. Sets forth the admissions procedure for such program. Requires a person admitted to the program to waive formally all applicable statutes of limitations and his or her right to a speedy trial. Provides that upon the expiration of the diversion period the Government shall dismiss with prejudice the indictment, information, or complaint. Authorizes the Government to resume prosecution upon finding that the person is not fulfilling his or her obligations under the plan or that new facts demonstrate that the individual is unsuitable for the program. Allows the person charged to contest such a determination. States that the district planning panel established by current law, with other individuals as the group may appoint, shall constitute a diversion advisory committee to plan for implementation and review of the diversion program. Directs the Attorney General to conduct research and report to the President, Congress, and the Judicial Conference of the United States with respect to the diversion program. Title III: Organized Crime - Directs the Attorney General to submit annually to the congressional Judiciary Committees a report on how reorganization of the Drug Enforcement Administration and narcotics and organized crime control policies of the Department of Justice will accomplish specified goals, including: (1) immobilizing at least one organized crime entity each year; (2) reducing narcotic trafficking by meeting annual goals; and (3) reducing the economic incentives for drug traffickers by forfeiting assets of major narcotics traffickers. Amends the Federal criminal code to establish penalties for anyone who commits or commissions a contract murder, attempted murder, or assault. Provides that a direct or indirect contract between two or more persons involving an offer, agreement, or solicitation to commit a contract murder shall constitute prima facie evidence that the act was commissioned for "anything of value." Applies the penalties for contract murder to any person who uses actual or threatened force to coerce another to commit a murder, attempted murder, or assault in violation of State law. Directs the Attorney General to designate criteria for Federal involvement in the prosecution of contract murders. States that this Act does not preempt State law in this area. Makes it a Federal offense to kill any attorney, agent, or employee of the U.S. Government employed to investigate or prosecute violations of Federal criminal statutes or any employee of the Intelligence Community. Establishes a new offense of assaulting, kidnapping, murdering, or threatening the relative of any Federal employee covered by the current assault statute, with intent to interfere with such employee's official duties. Amends the obstruction of justice statute to expand the class of persons protected from coercion to include potential witnesses and informants (current law protects actual witnesses). Amends the Freedom of Information Act to expand the exception relating to informants to limit disclosure of information which "tends to disclose" an informant's identity. Amends the Federal Rules of Criminal Procedure to permit a court to reduce a sentence of a cooperating defendant upon application of a U.S. Attorney. Amends the wiretap statute to require a judge to review in camera any information as to previous wiretap applications which might compromise a current or pending case or investigation. Amends the Federal Rules of Criminal Procedure to permit disclosure of Federal grand jury information to a State or local law enforcement official who is assisting a U.S. Attorney in the enforcement of Federal criminal law. Comprehensive Forfeiture Act of 1983 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Establishes in the Treasury of the United States, the "Drug Assets Forfeiture Fund" and the "Customs Forfeiture Fund." Transfers the proceeds from the sale or other disposition of the forfeited property into these accounts. Grants law enforcement authority to customs agents. Anti-Arson Act of 1983 - Establishes an Interagency Committee on Arson Prevention and Control to coordinate Federal anti-arson programs and to provide assistance to State and local governments for the prevention, detection, and control of arson. Directs the Committee to report to Congress on the success of its activities within 18 months of enactment. Terminates the Committee two years from the date of enactment. Requires the Director of the Federal Bureau of Investigation to: (1) classify arson as a major crime in the Uniform Crime Reports; and (2) develop a special statistical report for arson in cooperation with the National Fire Data Center. Directs the Administrator of the United States Fire Administration to: (1) conduct a research program for the development of techniques and equipment for use by State and local fire fighting and law enforcement personnel for arson prediction, prevention, and control; (2) establish anti-arson educational and training programs for State and local government; (3) develop materials for community awareness programs; and (4) provide information relative to the prevention, prediction, occurrence, and control of arson. Authorizes appropriations for the Administration for such purpose. Amends the National Housing Act to require that FAIR (fair access to insurance requirements) plans be issued only after insurers obtain information from a prospective policyholder with respect to arson. Title IV: Amendments to Omnibus Crime Control and Safe Streets Act of 1968 - Justice Assistance Act of 1983 - Eliminates the Law Enforcement Assistance Administration including the Office of Community Anti-Crime Programs and the Office of Justice Assistance, Research, and Statistics. Retains the Bureau of Justice Statistics and the National Institute of Justice. Establishes a new Office of Justice Assistance (OJA), to be headed by a Director appointed by the President. Places the National Institute of Justice and the Bureau of Justice Statistics within the new Office of Justice Assistance. Replaces the formula grant program with "national priority implementation and replication programs," under which grants are authorized for programs which address critical problems of violent and serious crime and for programs which have been certified to be successful. Enumerates 15 criteria for the awarding of these grants. Limits the amount of grants that may be awarded annually within any State. Limits the Federal share of the new priority grant programs to a period of four years and includes a cash match requirement. Eliminates the current national priority grant program. Retains the discretionary grant program. Limits the purposes of discretionary grants to: (1) educational and training programs for criminal justice personnel; (2) the provision of technical assistance; and (3) national demonstration programs which are likely to be successful but unlikely to be funded. Establishes a Justice Assistance Board to: (1) recommend to the Assistant Attorney General for the Office of Justice Assistance funding and program priorities; (2) review and evaluate the activities of the OJA and Federal policies and priorities in justice assistance; and (3) coordinate its activities with the other justice advisory bodies. Retains the training and manpower development programs. Authorizes a State to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists. Requires the Attorney General, in approving or disapproving such application, to consider: (1) the nature and extent of the crime problem; (2) the emergency or extraordinary circumstances; (3) the availability of State and local resources; (4) the need to avoid unnecessary Federal involvement in local concerns; and (5) alternative sources of assistance. Authorizes appropriations for law enforcement assistance. Public Safety Officers Assistance Act of 1983 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a national program of group life insurance for public safety officers of a State or local government which has applied to the Law Enforcement Assistance Administration to participate in such program and agrees to withhold a premium from such officers' pay. Creates an Advisory Council on Public Safety Officers' Group Life Insurance to advise the Administration on such program. Establishes in the Treasury a Public Safety Officers' Group Life Insurance Revolving Fund.
United States · United States Congress · 16 March 1983
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund") to extend the authorization of appropriations to the Hazardous Substance Response Trust Fund ("Response Trust Fund") for five additional years, through FY 1990. Provides that so much of the aggregate amount authorized to be appropriated from FY 1985 through 1989 as has not been appropriated before FY 1990 shall be added to the specified amount authorized to be appropriated for FY 1990. Makes a conforming amendment extending by five years the period to be covered by the Secretary of the Treasury's annual report to the Congress on the management of the Response Trust Fund. Extends the authority to collect taxes conferred by such Act through FY 1990. Amends the Internal Revenue Code to provide for five-year extensions of provisions for an environmental tax on petroleum.
United States · United States Congress · 11 March 1983
Ocean and Coastal Development Impact Assistance Block Grant Act - Establishes the Ocean and Coastal Development Impact Assistance Fund in the Treasury. States that five percent of Outer Continental Shelf gas and oil lease revenues shall be used for such Fund. Provides block grants from such Fund to coastal States and territories for: (1) living marine resources; (2) coastal management planning and implementation; (3) energy impact assistance; (4) research, education, and natural resource management; and (5) capital infrastructure. Sets forth an allocation formula based upon oil or gas production, coastal population, shoreline, and bonus revenues. Establishes minimum and maximum grant amounts, with excess funds to be shared among those States eligible for additional amounts. Requires a State to give at least 40 percent of its grant money to local coastal communities. Directs the Secretary to establish by contract a National Coastal Resources Research and Development Institute to be administered in affiliation with the Oregon Institute of Marine Science. Provides monies for the Institute from the Ocean and Coastal Development Impact Assistance Fund. Requires: (1) the Secretary to conduct an ongoing evaluation of the Institute's activities; and (2) the Institute to report to the Secretary within two years, including recommendations for specified regional centers. States that employees of such Institute shall not be considered Federal employees. Provides for block grant audit and assessment.
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 · 9 March 1983
Permits nonresident foreign nationals to collect royalties for the secondary transmission of their work in this country only if their own countries provide equivalent treatment for U.S. citizens and their work.
United States · United States Congress · 9 March 1983
Research Incentives Continuation Act of 1983 - Amends the Economic Recovery Tax Act of 1981 to make permanent the tax credit for increasing research activities (present law terminates such credit after 1985).
United States · United States Congress · 8 March 1983
Amends the Tariff Schedules of the United States to provide that any fabric that contains nontransparent rubber or plastics shall be regarded not as a textile material but as being wholly rubber or plastic.
United States · United States Congress · 8 March 1983
Deems a named church in Maine not to have filed a valid waiver certificate for purposes of the exemption from employment taxes imposed by the Internal Revenue Code.
United States · United States Congress · 3 March 1983
Designates May 21, 1983, as National Andrei Sakharov Day. Authorizes and requests the President to: (1) call upon all nations to designate May 21, 1983, as National Andrei Sakharov Day; (2) urge the Soviet Union to permit the Sakharovs to freely choose their place of residence; and (3) direct the American delegation to the United Nations to introduce a resolution in the General Assembly calling upon that body to designate May 21, 1983, as International Andrei Sakharov Day.
United States · United States Congress · 3 March 1983
Authorizes and requests the President to designate the week of April 10 to 16, 1983, as A Week of Remembrance for the Fortieth Anniversary of the Warsaw Ghetto Uprising.
United States · United States Congress · 1 March 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternative claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 1 March 1983
Columbia River Gorge Act of 1983 - Establishes the Columbia River Gorge Scenic Area as a unit of the national forest system. Extends the boundaries of the Mount Hood National Forest in Oregon and of the Gifford Pinchot National Forest in Washington State to include all the lands in their respective States lying within the Area which are not within their boundaries on the enactment of this Act. Provides that national forest system lands in Oregon which are within the Area shall be treated as components of the Mount Hood National Forest and national forest system lands in Washington which are within the Area shall be treated as components of the Gifford Pinchot National Forest for purposes of providing forest system revenues to a State or local government. Requires the Secretary of Agriculture to administer the Area and to provide all interested parties with an opportunity to participate in plans and programs for the management of the Area. Establishes in the Department of Agriculture the Columbia River Gorge Scenic Area Regional Commission, which shall be composed of members from both Oregon and Washington as well as the Chief of the Forest Service. Makes the Commission responsible for: (1) assisting the Chief of the Forest Service in the establishment of a management plan for the Area; (2) facilitating communication and coordination among the Federal, State, and local governmental agencies with jurisdiction within the Area and with residents and landowners within the Area; (3) reviewing and monitoring the implementation of the management plan by such governmental agencies; (4) reviewing all land acquisition proposals submitted by the Secretary in cases involving the potential use of eminent domain; (5) reviewing all Federal development projects within the Area for consistency with the management plan; and (6) preparing an annual report for the Secretary, Congress, and the Governors of Oregon and Washington on the status and implementation of the management plan. Requires the Chief of the Forest Service to prepare a management plan for the Area. Requires the Chief of the Forest Service to consult with the Commission and with State and local government authorities within the Area during preparation of the management plan. Authorizes the Secretary to provide financial and technical assistance to such authorities to carry out land use management activities. Directs the Secretary to incorporate State and local policies, management plans, standards, and requirements into the management plan and resolve any conflicts with the State and local authorities concerned. Requires that the management plan be submitted to the Commission for approval. Authorizes the Secretary to modify and resubmit any plan disapproved by the Commission. Authorizes the Secretary to adopt a resubmitted management plan without the Commission's approval. Permits requests for amendments to or variances from the management plan to be submitted to the Secretary. Prohibits the construction or modification of any facility in the critical portions of the Area before the Secretary's adoption of interim guidelines which shall govern all land use activities within the Area until the management plan is adopted. Requires that Federal activities within the Area be consistent with the interim guidelines and the management plan. Sets forth the procedure for the Secretary's approval of any such activities. Requires the Secretary to permit hunting and fishing on lands and waters under his or her jurisdiction within the Area. Directs the Secretary to monitor all land use activities within the Area prior to the adoption of the management plan to prevent violations of the interim land use guidelines. Requires local governments which have land use planning authority under State law and wish to enforce the management plan within the Area to submit to the Secretary and the Commission a land use plan consistent with the management plan. Requires the Secretary to approve or disapprove such a local plan within six months after its submission. Authorizes the Secretary to make annual grants to local governments to assist them in establishing such land use plans. Directs the Secretary to enforce the management plan if no approved local land use plan is in effect. Imposes criminal penalties for violations of regulations or orders issued pursuant to this Act. Authorizes the Attorney General, at the Secretary's request, to institute a civil action for an injunction or other order to prevent the use of lands in the Area in violation of the management plan. Provides for administrative and judicial review of such violations. Authorizes the Secretary to acquire lands classified as critical lands under the management plan without the owner's consent, unless, as of July 1, 1981, such lands were used primarily for single family residential purposes, farming, or grazing. Requires the Secretary to consider sale offers made by Area landowners. Authorizes the Secretary to acquire non-Federal lands within the Area by exchange. Provides that State lands may be acquired only by donation or exchange. Permits the transfer of Federal property within the Area to the Secretary without consideration. Requires that property thus acquired be: (1) transferred to the jurisdiction of the National Forest Service for inclusion in the national forest system; or (2) sold on terms to assure the use of such property in a manner consistent with the management plan. Authorizes appropriations. Makes appropriations from the Land and Water Conservation Fund available for land acquisition within the Area. Establishes an acquisition fund for land acquisition within the Area. Authorizes appropriations for the initial capital of the fund. Authorizes the Secretary to accept contributions which shall be credited to the fund. Authorizes the Secretary to make payments to local governments to mitigate property tax revenue losses resulting from Federal acquisition of real property within the Area. Limits the authority under this Act to enter into contracts or to make payments to the extent and the amounts provided in advance in appropriation Acts. Makes provisions of this Act which authorize new budget authority effective only for FY 1983 and thereafter.
United States · United States Congress · 28 February 1983
Renewable Energy Employment Act - Title I: Jobs Training in Renewable Energy - Requires the Secretary of Labor to review all Federal job training or placement programs and to implement policies, procedures, and programs to develop a labor force skilled in energy conservation, weatherization of homes, and the use of renewable energy technology. Amends the Job Training Partnership Act to require the Secretary of Labor to administer employment and training programs for Native Americans to meet the specific energy conservation and renewable energy training needs peculiar to their situation. Requires that employment and training programs for veterans under such Act include renewable energy and energy conservation job training for veterans. Title II: Housing and Community Development Programs - Amends the Energy Conservation in Existing Buildings Act of 1976 to require the Secretary of Energy to maintain information on: (1) the areas to be served under the weatherization assistance program; (2) methods for providing priority assistance to elderly and severely handicapped low-income persons; (3) outreach activities with respect to such program; (4) labor plans; (5) policies to ensure that owners and renters are treated equitably; and (6) plans to ensure participation by Native Americans under such program. Requires the Secretary and the Director of the Community Services Administration to include in the annual report to the President and Congress on the weatherization program an evaluation of the effect of such program on energy conservation and employment. Authorizes appropriations for the weatherization program for FY 1984 and succeeding fiscal years. Amends the Housing and Community Development Act of 1974 to include the potential for local energy development, including energy conservation and renewable energy use, among the factors which must be taken into account by the standards issued by the Secretary of Housing and Urban Development for determining the eligibility of cities and urban counties for urban development action grants. Includes among the activities of Community Development Programs which are eligible for assistance under such Act those amounts spent for energy needs. Amends the Housing Act of 1949 to authorize the Secretary of Housing and Urban Development to make loans for energy conservation and renewable energy development or retrofit for housing in rural areas. Requires Federal agencies administering financial assistance programs for economic development or job creation to consider the development of energy conservation and renewable energy as significant criteria for the provision of such assistance. Title III: Promotion of Sustainable Agriculture - Amends the Consolidated Farm and Rural Development Act to include as non-fossil energy systems windmills, anaerobic digesters, alcohol distilleries, microhydroelectric generators, gasifiers, and solar heating systems. Requires the Secretary of Agriculture, in making loans to farmers and ranchers, to promote sustainable agriculture (a set of agricultural production practices which are designed to produce long term, sustainable yields of agricultural products, involve the use of renewable resources, and avoid the use of chemical products). Amends the Rural Development Act of 1972 to require that small farm extension programs assist small farm families in carrying out sustainable agriculture. Provides that sustainable agriculture extension programs shall consist of extension programs to provide farmers with assistance and current information with respect to sustainable agriculture. Permits all other persons in a State, in addition to universities and colleges in such State, to participate in agricultural research and extension programs. (Under current law, only universities and colleges in a State may participate in such programs.) Requires the Secretary of Agriculture, in carrying out the National Agricultural Research, Extension, and Teaching Policy Act of 1977, to ensure that adequate national support of extension, teaching, and agricultural research is provided to establish integrated multidisciplinary organic farming research projects. Requires the Secretary of Agriculture to report annually to Congress on sustainable agriculture in the United States.
United States · United States Congress · 28 February 1983
Renewable Energy Consumer Incentives Act of 1983 - Amends the Solar Energy and Energy Conservation Act of 1980 to extend the life of the Solar Energy and Energy Conservation Bank until September 30, 1990. (Under current law, the Bank will not exist after September 30, 1987.) Requires that a portion of the payments by the Bank to financial institutions to provide financial assistance for the installation of solar energy systems in residential, commercial, and agricultural buildings be allocated for active solar energy. Provides that there shall be no Federal preference with respect to financial assistance between single-family and multifamily residences. Permits all financial institutions to apply directly to the Bank for financial assistance. Authorizes appropriations for FY 1985 through 1990 for the financial assistance program under the Solar Energy and Energy Conservation Act of 1980 for the purchase and installation of residential and commercial energy conserving improvements and solar energy systems. Amends the Internal Revenue Code to make the residential energy credit applicable to expenditures for items which serve a purpose in addition to increasing energy efficiency in a dwelling (such as thermal draperies). Includes passive solar energy property which uses convective, conductive, or radiant energy transfer and which has significant impact on home energy savings as "renewable energy source property" which is eligible for the residential energy credit. Makes the residential energy credit inapplicable to energy conservation and renewable energy source expenditures made after December 31, 1990. (Under current law, such credit is inapplicable to expenditures made after December 31, 1985.) Amends the Low-Income Home Energy Assistance Act of 1981 to permit a State to transfer up to ten percent of its allotment under the low-income home energy assistance program for States to block grants for support of energy related information systems. Requires the Secretary of Energy to develop a formalized information exchange on the Federal, State, and local levels with respect to conservation and renewable energy. Authorizes appropriations to provide financial assistance to States and local governments to coordinate such program. Amends the Solar Energy Research, Development, and Demonstration Act of 1974 to require the Secretary of Energy to maintain a renewable energy and energy conservation information program. (This program replaces the solar energy information program required to be established under current law.) Requires the Secretary to establish a National Appropriate Technology Assistance Service to provide individualized technical assistance to anyone interested in renewable energy and energy efficient technologies. Amends the Motor Vehicle Information and Cost Savings Act to require the Secretary of Transportation to consider the use or integration of renewable fuels and any approaches which maximize conservation and renewable energy applications in determining maximum feasible average fuel economy. Amends the Energy Policy and Conservation Act to require the Federal Trade Commission to prescribe labeling requirements for consumer goods particularly in cases where there is a direct consumer benefit to save energy or utilize renewable energy. Amends the Small Business Act to authorize the Small Business Administration to provide reduced-rate loans to small businesses for acquisition of system performance ratings from testing laboratories for energy conservation and renewable energy systems and technologies. Requires State regulatory authorities to implement standardized contracts for renewable energy systems generating less than 100 kilowatts for: (1) the sale of electric energy from utilities to small power production facilities; and (2) the purchase of electric energy produced by small power production facilities by such utilities. Requires the Secretary of Energy to include renewable energy as a discrete energy sector in all publications of "The Monthly Energy Review". Requires Federal agencies with renewable energy programs to submit annual reports on such programs to Congress. Sets forth reporting requirements which apply to specified Federal agencies.
United States · United States Congress · 28 February 1983
Renewable Energy Small Business Development Act of 1983 - Amends the Internal Revenue Code to extend the investment tax credit for renewable energy property from 1985 to 1990. Increases such credit for solar, wind, and geothermal property. Amends the Export-Import Bank Act of 1945 to require that not less than 12 percent of the loan authority of the Export-Import Bank shall be made available only to businesses with $25,000,000 or less in previous-year sales. Requires that a portion of such loan authority be made available for transactions involving renewable energy. Amends the Public Utility Regulatory Policies Act of 1978 to specify rules for the rates for purchase by electric utilities of electric energy from any qualifying cogeneration facility or qualifying small power production facility. Amends a specified reorganization plan to require the Department of Commerce to provide export assistance to businesses involving renewable energy. Amends the Small Business Innovation Act of 1982 to require that renewable energy and energy conservation businesses receive a reasonable portion of the Department of Energy's small business research and development funds.
United States · United States Congress · 28 February 1983
Renewable Energy National Security Act of 1983 - Requires the Secretary of a military department, when procuring energy systems, to procure systems that include energy-conserving equipment. Includes biofuels as a renewable form of energy for purposes of energy systems procurement by a military department. Requires the Secretary of Defense to provide for the use of biofuels in meeting Department of Defense energy needs to the extent feasible and consistent with overall defense needs. Requires the Secretary of Defense to encourage the use of energy-conserving devices and equipment in military construction projects, including family housing projects, where practical and economically feasible. Amends the Agricultural Act of 1949 to include spoiled and contaminated grains among the accumulated stocks of agricultural commodities which the Commodity Credit Corporation may process into liquid fuels. Authorizes the Corporation to provide for the storage of liquid fuels so processed for use by the agricultural sector during periods of fuel shortages. Requires the Corporation to provide for the processing of spoiled and contaminated commodities into liquid fuels before the processing of stocks of usable feedstock. Amends the Energy Policy and Conservation Act to require the Secretary of Energy to maintain a data base on the location of all stockpiles of renewable energy supplies and biofuels and of all renewable energy production facilities in the United States. Requires that such data be made available to Government departments and agencies upon request. Requires the Secretary of Defense to assess and report to the Armed Services Committees of the House of Representatives and the Senate on the feasibility of using mobile energy systems that use renewable energy as emergency backup energy systems at military installations.
United States · United States Congress · 28 February 1983
Expresses the sense of the Senate that the future of Taiwan should be settled in a manner acceptable to the people of Taiwan and consistent with the laws enacted by Congress and communiques entered into between the United States and the People's Republic of China.
United States · United States Congress · 24 February 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Secretary of the Treasury to implement procedures for identifying social security benefit checks issued under title II which have not been negotiated within 12 months and to credit the appropriate social security trust fund, on a monthly basis, for the amount of all unnegotiated benefit checks drawn on such trust fund. Requires the Secretary to pay a benefit check presented for payment after they have been credited to one of the trust funds, and to recharge such trust fund, if such check is otherwise proper. Requires the reimbursement of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from the Treasury for the total amount of unnegotiated benefit checks.
United States · United States Congress · 24 February 1983
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 24 February 1983
Expresses the sense of the Congress that: (1) the Soviet Union should fulfill obligations undertaken in certain international agreements relating to human rights by pursuing a more humane emigration policy and by ceasing harassment of Jews and others seeking to emigrate; (2) Soviet fulfillment of internationally recognized emigration rights would significantly promote improved relations with the United States; (3) the President should convey these concerns of Congress to the Soviet Union at every appropriate opportunity; and (4) the President should also convey these concerns to U.S. allies.
United States · United States Congress · 23 February 1983
United States Academy of Peace Act - Establishes the United States Academy of Peace as an independent nonprofit corporation. Permits the Academy to use "United States" or "U.S." or any other reference to the United States Government or Nation in its title, corporate seal, emblem, or other mark of recognition in any fiscal year only if there is an authorization of appropriations for the Academy for such fiscal year provided by law. Sets forth the powers and the duties of the Academy, including establishment of an Endowment of the United States Academy of Peace. Authorizes the Academy to establish: (1) a Center for International Peace; and (2) a United States Medal of Peace and other medals or honors. Authorizes the Academy to refuse research requests of Federal agencies for reason of cost or of inappropriateness to the Agency's purpose or independence. Prohibits the Academy from undertaking to influence the passage or defeat of any Federal, State, local, or United Nations legislation, but permits Academy personnel to testify or make other appropriate communication when formally requested to do so by a legislative body, committee, or member thereof. Provides for appointment of members of the Academy's Board of Directors. Sets forth grounds for removal of Board members. Permits Board meetings to be closed only in exceptional circumstances. Sets forth provisions for Academy officers, employees, procedures, and records. Provides that, with certain exceptions, the Academy shall not be considered a department, agency, or instrumentality of the Government. Prohibits the use of any political test or political qualification with respect to personnel actions of the Academy or financial assistance by the Academy. Authorizes appropriations in a specified amount for an Academy principal office capitalization fund. Authorizes appropriations in specified amounts for FY 1984 and 1985 for Academy programs and administration. Requires that Academy expenses in connection with the United States Medal of Peace or the accompanying cash award be paid out of the private funds of the Endowment. Restricts contract-making authority under this Act to the extent and amounts provided in appropriation Acts. Directs the Chairman of the Board of Directors of the Academy to report to the Congress and the President, beginning two years after the enactment of this Act and at two-year intervals thereafter. Directs the President to transmit to the Congress the recommendations of the appropriate Federal agencies with respect to such report and to any legislation concerning the Academy. Requires the appropriate congressional committees to hold hearings to review such report and recommendations.
United States · United States Congress · 23 February 1983
Veterans' Health Care and Programs Improvement Amendments of 1983 - Title I: Adult Day Health Care Services Program - Authorizes the Administrator of Veterans Affairs to conduct a pilot program furnishing adult day care health services at Veterans Administration (VA) medical facilities to eligible veterans. Terminates such program after FY 1987. Authorizes appropriations for FY 1984-1987. Directs the Administrator to include a comprehensive report on this program in his annual report to Congress. Title II: Community Residential Care - Authorizes the Administrator to refer veterans eligible for hospital, nursing home, domiciliary, and medical care through the Veterans Administration to community residential facilities. Makes each veteran responsible for the cost of care and services provided by such facilities. Directs the Administrator to promulgate regulations regarding such facilities to ensure the health and safety of placed veterans. Requires the Administrator's approval of a facility before placement assistance is provided. Title III: Presumption Concerning Dysthymic Disorder - Creates a presumption of service-connection for disability purposes for dysthymic disorder (or depressive neurosis) manifest to a degree of ten percent or more in a veteran who is a former prisoner of war. Title IV: Beneficiary Travel - Permits the Administrator to pay the total travel costs of certain veterans receiving medical care at VA facilities. Title V: Effective Date - Sets forth the effective date for this Act
United States · United States Congress · 22 February 1983
Environmental Protection Act of 1983 - Title I: Findings and Purposes - Declares that the existing governmental entities charged with preventing air, water, and land pollution have not adequately protected the environment. States the purpose of this Act to be to protect Americans against adverse effects of environmental changes through the establishment of a multimember independent regulatory commission. Title II: Establishment of Commission - Establishes the Environmental Protection Commission as an independent regulatory commission to be composed of five members appointed by the President with the Senate's approval. Sets forth provisions governing the members, officers, powers, and functions of the Commission and the functions of the Chairman of the Commission. Directs the Science Advisory Board to provide such scientific advice as the Commission may request. Sets forth guidelines for the nomination, selection, and appointment by the Chairman of an individual to fill any vacancy on the Board. Requires the Chairman to issue regulations regarding conflicts of interest with respect to members of the Board. Title III: Transfer of Functions - Transfers to the Commission all functions, not otherwise transferred by this Act to the Commission or the administrative units of the Commission, of: (1) the Environmental Protection Agency; (2) the Secretary or the Department of the Interior under the Surface Mining Control and Reclamation Act of 1977; and (3) the Secretary or the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act. Title IV: Administrative Provisions - Part A: Personnel Provisions - Provides for the appointment and compensation of Commission officers and employees and the procurement and compensation of experts and consultants. Part B: General Administrative Provisions - Sets forth provisions governing the authority of the Commission to: (1) exercise transferred functions; (2) delegate functions to its officers and employees; (3) reallocate functions among its offices and reorganize its structure; (4) enter into and perform contracts; and (5) promulgate rules. Requires the Commission, for each proposed action to promulgate or revise a rule, to: (1) establish and make available to the public a rulemaking docket containing the comments and certain documentary information concerning each rule; (2) publish a notice of the proposed action which shall include a statement of the purpose and basis of the rule and the period available for public comment; (3) allow any person to present oral or written data on the rule during the comment period; and (4) keep the record of the rulemaking open for 30 days after completion of the proceeding to provide for submission of rebuttal or supplementary information. Requires the promulgated rule to be accompanied by: (1) a statement of its basis and purpose; (2) a justification of major changes to the rule as proposed; and (3) a response to significant data submitted during the comment period. Provides for the judicial review of such rules. Authorizes a six-month extension of a statutory deadline for the promulgation of such a rule if such extension is necessary to afford the public and the agency adequate opportunity to carry out rulemaking requirements. Authorizes the Commission to: (1) establish, alter, discontinue, or maintain regional and other field offices as necessary; (2) acquire and maintain schools, research and training facilities, and accommodations as may be necessary for employees; (3) establish eating facilities for employees at its installations; (4) provide certain facilities, services, and supplies for employees at remote locations; (5) use the resources of Federal, State, local, and foreign instrumentalities with their consent; (6) permit public and private organizations to use its facilities for Commission purposes; (7) acquire copyrights, patents, applications for patents, licenses under copyrights and patents, and releases for past patent or copyright infringement; (8) accept and use gifts, bequests, and devises of property; (9) provide advice and technical assistance related to its functions; (10) establish a working capital fund; and (11) transfer funds among Commission appropriations, with certain limitations. Directs the Commission to procure a seal of office. Requires the Commission to submit to the President and Congress at the beginning of each regular session of Congress a comprehensive report on the administration of its functions. Requires that such report include: (1) an appraisal of the incidence of health and other effects to the population resulting from environmental causes; (2) an evaluation of the degree of observance of environmental rules; (3) a summary of outstanding problems confronting the Commission; and (4) specified information on voluntary environmental standards developed with the Commission's assistance. Title V: Transitional, Savings, and Conforming Provisions - Sets forth provisions governing the transfer and allocation of personnel, appropriations, and other resources transferred to the Commission under this Act. Terminates the Environmental Protection Agency and positions in such Agency which were expressly authorized by law or compensated at an Executive Schedule pay rate. Declares that this Act shall have no effect on orders issued, determinations made, proceedings pending, or civil actions commenced before its enactment. Provides that statutory requirements for notice, hearings, and administrative or judicial review applicable to functions transferred by this Act shall continue to apply to such functions. Title VI: Effective Date and Interim Appointments - Sets forth the effective date of this Act. Provides that funds available to any agency the functions of which are transferred by this Act may, with the approval of the Director of the Office of Management and Budget, be used to pay the compensation of interim officers and other expenses of establishing the Commission or transfering functions until funds for such expenses are otherwise available. Authorizes the President to designate an officer in the executive branch to act as a Commission officer for 120 days or until such office is filled, whichever occurs first.
United States · United States Congress · 17 February 1983
Veterans' Diagnostic Services Experiment Act of 1983 - Directs the Administrator of Veterans Affairs to establish an experimental program to determine the economic and functional feasibility of furnishing diagnostic health-care services to eligible veterans in a remote area. States that such program shall run from January 1, 1984, through January 1, 1987. Requires the Administrator to enter into a contract with a health-care facility in Aroostook County, Maine, to serve as a diagnostic clinic. Requires the Administrator to establish an advisory committee to advise him on operating procedures and requirements. Directs such committee to report to the Administrator annually. Directs the Administrator to report to the Veterans' Affairs Committees by July 1, 1986, on the operation of the program.
United States · United States Congress · 17 February 1983
Education for Economic Security Act - Authorizes the Secretary of Education to make matching grants to States to pay the Federal share of the costs of strengthening instruction in mathematics, science, computer education, foreign languages, and vocational education. Authorizes appropriations for FY 1984 through 1986. Directs the Secretary to allot to each State from 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, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; (2) the Secretary of the Interior for programs in schools operated for Indian children; and (3) the Secretary of Defense for programs in overseas dependent schools. Apportions 65 percent of each State's allotment to elementary, secondary, and vocational education programs and 35 percent to higher education programs. Directs State educational agencies to distribute a specified percentage of the elementary, secondary, and vocational education apportionment to local educational agencies for mathematics and science instruction, foreign language instruction, and computer education programs, together with related instructional materials. Bases such distribution upon the relative numbers of children aged five through 17 in the schools and upon the size of the proposed programs. Bases renewals of such payments upon such criteria and upon a determination that the local program serves substantial numbers of students and involves several grade levels. Requires each State education agency to: (1) distribute a specified percentage of its apportionment for foreign language instruction; and (2) use a specified percentage for exemplary programs instructional materials, technical assistance, and information. Requires the State agency responsible for vocational education to use a specified percentage of the apportionment for vocational education employment-based programs in new and emerging technologies, including computer learning and instruction (with a specified portion to be used for programs in correctional institutions). Requires each local educational agency to to provide for special educational services and arrangements in which children enrolled in private elementary and secondary schools can participate. Requires that expenditures for such services be equal (taking into account the number and needs of children to be served) to expenditures for public school children. Requires that program funds be distributed among vocational education schools and area vocational schools. Directs the State agency for higher education to distribute the higher education programs apportionment among institutions of higher education, with specified percentages to be used for: (1) elementary and secondary school teacher training, retraining, and in service training in mathematics, science, and computer education, as well as cooperative programs with other organizations, such as museums and libraries; (2) employment-based programs equipment in new and emerging technologies, including computer learning and instruction and basic engineering instruction; and (3) foreign language instruction. Sets forth requirements for State applications for grants under this Act. Sets forth provisions for Federal matching payments of 50 percent of the costs of programs under this Act.
United States · United States Congress · 3 February 1983
States that the President should, at the earliest possible date: (1) request Senate consent to ratification of the Threshold Test Ban and Peaceful Nuclear Explosion Treaties; and (2) resume trilateral test ban treaty negotiations.
United States · United States Congress · 3 February 1983
Disapproves the proposed deferral of budget authority (D83-43) relating to economic development assistance programs, transmitted by the President to Congress on February 1, 1983.
United States · United States Congress · 3 February 1983
Expresses the sense of the Senate that neither the President nor the Congress should impose fees on domestic or imported crude or refined petroleum products.
United States · United States Congress · 1 February 1983
Competition in Contracting Act of 1983 - Title I: Amendments to Federal Property and Administrative Services Act of 1949 - Amends the Federal Property and Administrative Services Act of 1949 to revise the procedures for soliciting and awarding bids for Government contracts. Requires executive agencies (excluding military departments, the Coast Guard, and the National Aeronautics and Space Administration) to use competitive procedures in making contracts for property and services. Directs agencies to: (1) use advance planning and market research, prepare specifications, and solicit bids in a manner designed to achieve effective competition for a contract; and (2) use the competitive procedure or combination of procedures best suited for a procurement action. Authorizes an agency to award a procurement contract in order to establish or maintain any alternative source of supply if doing so would: (1) increase competition and reduce procurement costs; or (2) be in the interest of industrial mobilization in a national emergency. Requires procurement regulations to include simplified procedures and forms for making small purchases. Defines a "small purchase" as any purchase or contract which does not exceed $25,000. Prohibits dividing a procurement for the purpose of using small purchase procedures. Requires an agency, when using competitive procedures for other than small purchases, to solicit sealed bids when: (1) time permits the solicitation, submission, and evaluation of sealed bids; (2) the award will be made on the basis of price or other factors; (3) discussions with responding sources are not necessary; and (4) there is a reasonable expectation of receiving more than one bid. Directs an agency to request competitive proposals when sealed bids are not required. Permits agencies to use noncompetitive procurement procedures only when: (1) there is only one source and no substitute for the property or services needed; (2) the delay involved in using competitive procedures would seriously injure the Government; (3) it is necessary to award the contract to a particular source to achieve an essential industrial capacity in the United States or to maintain national industrial mobilization; (4) an agreement with a foreign government requires such procedures; (5) a statute requires that the procurement be made through another agency or a specific source; or (6) disclosure of an agency's needs to more than one source would compromise the national security. Prohibits an agency from awarding a contract, for other than a small purchase, using noncompetitive procedures unless a notice of such procurement has been published by the Secretary of Commerce. Requires agency solicitations for bids or proposals to include specifications which: (1) permit effective competition; and (2) contain only such restrictive provisions as are necessary to meet agency needs or as are required by law. Requires all solicitations for bids or proposals for other than small purchases to state: (1) the relative importance of all significant factors which the agency will consider in evaluating such bids or proposals; (2) in the case of sealed bids, that their will be no discussions with bidders; and (3) in the case of competitive proposals, that proposals are intended to be evaluated with discussions with the offerors, but might be evaluated without discussions. Requires each agency to: (1) evaluate bids and proposals on the basis of factors specified in the solicitation; and (2) award contracts to the bidder or offeror whose bid or proposal is most advantageous to the Government considering the price and other factors. Permits an agency to reject all bids or proposals if such action is in the public interest. Requires an agency, when evaluating competitive proposals, to award a contract: (1) after conducting written or oral discussions with all offerors submitting proposals within a specified range; or (2) on the basis of the proposals as received or as clarified after discussions conducted for the purpose of minor clarification. Directs an agency head to refer to the Attorney General any sealed bid evidencing an antitrust violation. Requires each agency to furnish for publication by the Secretary of Commerce a notice announcing: (1) its intention to enter a contract at a price greater than the maximum amount established for small purchases or a lesser amount as specified by the Administrator; and (2) the awarding of such a contract. Requires such notice of an agency's intention to enter a contract to be published at least 30 days before the date set for the receipt of bids or proposals. Requires that such notice include: (1) a description of the property or service to be procured; (2) the identity of the agency representative to contact to obtain a copy of the solicitation; (3) a statement that any person may submit a bid or proposal; and (4) a justification of any use of noncompetitive procedures. Exempts certain classified and noncompetitive procurements from such notice requirements. Requires agencies to: (1) maintain records, by fiscal year, of noncompetitive procurements and competitive procurements for which only one bid was received, excluding small purchases; and (2) transmit such information to the Federal Procurement Data Center. Requires a prime Government contractor or subcontractor, with specified exceptions, to submit and certify the accuracy of cost of pricing data prior to: (1) the award of contracts using other than sealed bid procedures and certain subcontracts where the price is expected to exceed $500,000; or (2) the pricing of any modification to such a contract or subcontract expected to result in a price adjustment exceeding $500,000. Requires the price to the Government of such a contract, subcontract, or modification to be adjusted to exclude any significant amount by which the price was increased because of inaccurate data. Authorizes an agency representative, for three years after final payment under such a contract or subcontract, to examine the contractor's records and other information to evaluate the accuracy of the cost and pricing data. Title II: Amendments to Title 10, United States Code - Revises procurement procedures for military departments, the Coast Guard, and the National Aeronautics and Space Administration to correspond with procurement procedures for executive agencies under title I of this Act. Permits contracts to require the carriage of Government property in cargo containers of specific dimensions if the Secretary of Defense determines that military requirements necessitate the specification of container sizes. Title III: Advocate for Competition; Annual Report on Competition - Directs the head of each executive agency to designate an officer or employee as an advocate for competition who shall promote competition in the procurement of property and services. Requires the advocate to report to the head of the agency on: (1) opportunities to achieve competition; (2) solicitations which contain unnecessarily detailed or restrictive specifications and other conditions that may reduce competition; and (3) his or her activities, annually. Requires the head of each agency, through 1986, to transmit to specified congressional committees an annual report which: (1) describes all actions the agency head intends to take during the next fiscal year to increase competition for agency contracts, and to reduce the number and value of agency contracts awarded after soliciting or evaluating bids or proposals from only one source; and (2) summarizes the activities of the agency's advocate for competition. Title IV: Notice Requirements Under the Small Business Act - Amends the Small Business Act to repeal certain provisions requiring the Secretary of Commerce to obtain and publish notice of all defense and civilian procurement actions exceeding specified dollar amounts. Title V: Applicability - Declares that this Act shall apply with respect to solicitations for bids or proposals issued on or after the date 180 days after enactment.
United States · United States Congress · 27 January 1983
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic or other product. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration, if injury, fear of injury or death results, or if a governmental or commercial recall occurs.
United States · United States Congress · 27 January 1983
Amends the Internal Revenue Code to exclude from the gross income of an employee amounts paid by an employer to such employee's spouse or dependents under a qualified educational assistance program. Repeals provisions which prohibited employers from offering other benefits as an alternative to educational assistance. Allows the exclusion of meals, lodging, and travel provided as part of an educational assistance program. Repeals the termination date for the educational assistance exclusion.
United States · United States Congress · 27 January 1983
Amends the Uniform Time Act of 1966 to extend daylight saving time from the last Sunday in March rather than the last Sunday in April. Directs the Secretary of Transportation to report to Congress within two years on the effects of this extension.
United States · United States Congress · 27 January 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a .U.S. citizen or national if such individual: (1) is not a permanent resident of the United States; or (2) is outside the United States. Prohibits the payment of title II benefits to any dependent or survivor of such an individual on the basis of such individual's wages and self-employment income. Makes such prohibition inapplicable if the benefit involved is payable to such an individual as the dependent or survivor of: (1) a U.S. citizen or national; (2) a permanent resident of the United States; or (3) a U.S. citizen or national residing outside the United States if the relationship required for such individual's entitlement already existed at the time such national or citizen reached age 50. Authorizes the payment of title II benefits to an individual who is not entitled to benefits pursuant to this Act until the total amount of such benefits equals the total amount of any taxes paid on the wages and self-employment income on which the benefits are based.
United States · United States Congress · 27 January 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal provisions which require the withholding of tax on interest and dividends. Requires taxpayers to file information returns and statements on the interest, dividends, and patronage dividends they receive.
United States · United States Congress · 27 January 1983
Expresses the sense of Congress that: (1) Federal nutrition programs, including the food stamp, child nutrition, and elderly feeding programs, should be protected from budget cuts; (2) the WIC (supplemental food program for women, infants, and children) should continue to be fully funded; and (3) the Federal Government should maintain primary responsibility for nutrition programs.
United States · United States Congress · 26 January 1983
Provides that owners of fishing vessels exceeding ten net tons that are manned by a crew of ten or less will be exempt from Federal Unemployment Tax Act with respect to taxable years beginning after December 31, 1982.
United States · United States Congress · 26 January 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code to permit the continued issuance of mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 26 January 1983
Permits the Administrator of Veterans Affairs to pay incentive special pay to any psychologist who agrees to complete a specified period of service in the Department of Medicine and Surgery and who obtains: (1) a diploma as a Diplomate in Clinical Psychology or as a Diplomate in Counseling Psychology by the American Board of Professional Psychology; or (2) an additional advanced academic degree, such as a masters in public health (MPH), deemed in the best interest of the Veterans Administration.
United States · United States Congress · 26 January 1983
Acid Deposition Control Act - Amends title I of the Clean Air Act (Air Pollution Prevention and Control) to establish a new program (Interstate Transport and Acid Precursor Reduction) to: (1) regulate the long-range transport of pollutants and their transformation products; and (2) reduce acid compounds, and their precursors, in the atmosphere. 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 of the Environmental Protection Agency 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. Prohibits the increase of emissions of sulfur dioxide and of oxides of nitrogen from stationary sources in the acid deposition impact region over such total actual emissions there as of January 1, 1981. Prohibits any major stationary source in the region from significantly increasing such emissions, unless a not otherwise required net reduction of such regional pollution, in excess of the proposed increase, has been identified. Requires a ten-year phased reduction in annual emissions of sulfur dioxide in the region of 10,000,000 tons from the total 1980 level. Requires each State to achieve reductions in annual sulfur dioxide emissions according to a formula based on each State's share of utility emissions in the region. Permits State Governors to agree to reallot the required reductions. Requires each State in the region to adopt, within two years, enforcement measures to achieve such reduction. Directs the Administrator to approve such measures within four months if specified criteria are met. Sets forth a uniform sulfur dioxide emission limit for fossil-fuel-burning electric generating facilities (which are major stationary sources not subject to new performance standards) in any State that has not adopted, or has not had approved, such enforcement measures by such deadlines. Requires that owners or operators of such sources: (1) submit an approvable reduction plan and schedule within three years of enactment of this Act; (2) comply with such plan and schedule; and (3) achieve the required emission reduction at the earliest practicable date, but no later than ten years after enactment of this Act. Specifies methods or programs for enforceable net emission reduction that may be used by a State or the owner or operator of a source. Permits a State or owner or operator to substitute reduction in emissions of oxides of nitrogen for required sulfur dioxide emissions reductions, at a specified rate. Adds to State implementation plan requirements a prohibition of stationary source air pollutant emissions in amounts that will contribute to atmospheric loadings of pollutants or their transformation products so as to adversely affect public health or welfare or the environment in any other State or foreign country.
United States · United States Congress · 26 January 1983
Small Business and Agricultural Trade Remedies Act of 1983 - Requires the Secretary of Commerce to establish within the Department of Commerce the Small Business Trade Assistance Office, which shall assist small businesses in preparing for, and participating in, proceedings relating to the administration of the U.S. trade laws. Authorizes the Office to intervene in any administrative proceeding under title VII of the Tariff Act of 1930 at the request of any person. Requires the Office to establish a system for paying small businesses reasonable expenses associated with such proceedings. Sets forth the limitations on such awards. Authorizes appropriations. Amends the Tariff Act of 1930 to revise the standards for determinations by the International Trade Commission of injury for purposes of countervailing duty investigations and antidumping investigations so as to require the Commission to find a "sufficient" rather than a "reasonable" indication of injury. Permits judicial review of certain countervailing duty and antidumping duty proceedings in the Court of Appeals for the Federal Circuit rather than the U.S. Court of International Trade. Provides that in the case of a small business seeking import relief, the International Trade Commission shall consider the separate circumstances of such petitioner in making any determination as to material injury. Amends the Trade Act of 1974 to require the President, in determining whether to provide import relief and the method and amount of import relief to provide for a small business, to take into account: (1) the general economic situation in the major geographic area in which the small business is located; (2) the impact of fluctuations in exchange rates on any industry in such area; and (3) the ability of the small business to adjust by converting to alternative product lines. Permits a petitioner for import relief in connection with any perishable products (certain fresh or chilled vegetables, fresh mushrooms, certain fresh fruit, and certain fresh cut flowers) to file with the Secretary of Agriculture a petition for emergency action. Requires the Secretary to determine within 14 days after such a petition has been filed whether the perishable product concerned is being imported into the United States in such increased quantities as to cause serious injury or threat of injury to the domestic industry producing a perishable product like, or directly competitive with, the imported product. Directs the Secretary to recommend to the President that emergency action be taken if the determination is affirmative or to publish notice of a negative determination and notify the petitioner. Requires the President to either order import relief or publish notice, within seven days after receipt of a recommendation by the Secretary, of a decision not to take action. Permits a petitioner to file subsequent petitions after a negative determination. Makes an emergency action with respect to import relief ineffective when: (1) the President makes a decision on a regular petition filed under the Trade Act of 1974 with respect to the perishable product concerned; (2) the International Trade Commission makes a negative determination after an investigation with respect to such a petition; or (3) the President determines such relief is no longer warranted because of changed circumstances.
United States · United States Congress · 26 January 1983
Reciprocal Trade and Investment Act of 1982 - Amends the Trade Act of 1974 to set forth provisions dealing with foreign trade barriers. Directs the United States Trade Representative (USTR), through the interagency trade organization established pursuant to the Trade Expansion Act of 1962, to identify, analyze, and estimate the impact of practices that constitute significant barriers to or distortions of: (1) U.S. export of goods or services; and (2) foreign direct investment by U.S. persons, especially if it has implications for trade in goods or services. Sets forth factors to be considered by the USTR in such analysis. Directs the USTR to update the analysis annually. Directs the USTR to submit the analysis to the appropriate congressional committees. Requires the report to include any action taken to eliminate such trade barriers. Directs the USTR to consult with Congress on trade policy priorities. Directs Federal agencies to furnish information and other assistance to prepare such analysis. Authorizes the President to respond to a foreign entity's unfair trade practices by taking action with respect to any goods or sector of such entity without regard to whether the goods or sector were involved in the unfair trade practice. (Current law provides that the President may take action against the products or services of the foreign entity.) Authorizes the President to propose legislation to protect U.S. trade rights or to eliminate unfair trade practices. Requires such legislative proposals to be given priority treatment. Requires a summary of a petition for a trade investigation by the USTR to be published in the Federal Register (currently, the entire petition must be published) if the USTR decides to begin an investigation with respect to the issues raised by the petition. Authorizes the USTR to initiate an investigation in order to advise the President concerning the exercise of the President's authority to take action against unfair trade practices. Directs the USTR to consult with the appropriate congressional committees before beginning such an investigation. Authorizes the USTR to delay for up to 90 days any request for consultation by a foreign entity concerning a petition for investigation into unfair trade practices. Directs the USTR to publish notice of the delay in the Federal Register and to report to Congress the reasons for the delay. Changes the definition of "commerce" for purposes of foreign trade investigations to include: (1) services associated with international trade, whether or not related to specific goods (currently products); and (2) foreign direct investment by U.S. persons with implications for trade in goods or services. Defines "unreasonable", "unjustifiable", and "discriminatory" for purposes of such investigations. Prohibits making information which the USTR has received in a trade investigation available to the public, if: (1) the person who provided the information makes a specified certification; (2) the USTR determines that such certification is well-founded; and (3) the person providing the information provides an adequate nonconfidential summary. Authorizes the USTR to use the information in trade investigations or to make it available to the public in a form which cannot identify the person providing the information. Sets forth the principal U.S. negotiating objectives with respect to trade in services, foreign direct investment, and high technology products. Directs the USTR to develop and coordinate the implementation of U.S. policies concerning trade in services. Requires Federal agencies responsible for regulating any service sector industry to advise and work with the USTR concerning: (1) the treatment afforded U.S. services sector interest in foreign markets; or (2) allegations of unfair practices by foreign governments or companies in a service sector. Authorizes the Secretary of Commerce to establish a service industries development program. Sets forth the goals of the program. Expresses the policy of the Congress that the President shall: (1) consult with State governments on trade policy issues affecting the regulatory authority on non-Federal governments or their procurement of goods and services; and (2) establish one or more intergovernmental policy advisory committees on trade. Authorizes the President to establish policy advisory committees representing non-Federal governmental interests to provide policy advice on trade negotiating objectives, bargaining positions, and the implementation of trade agreements. Authorizes the President to negotiate to reduce trade barriers in foreign direct investment by U.S. persons, especially if such investment has implications for trade in goods and services. Authorizes the President to enter into agreements concerning high technology industries. Authorizes the President to proclaim the modification, elimination or continuance of any existing duty, duty-free, excise treatment, or other additional duties with respect to specified high technology products listed in the U.S. Tariff Schedules. Provides for the termination of this authority five years after the enactment of this Act.
![Official portrait of Sen. Mitchell, George J. [D-ME]](https://www.congress.gov/img/member/m000811_200.jpg)