United States · United States Congress · 22 March 1983
National Art Bank Act of 1983 - Establishes within the National Endowment for the Arts an Art Bank headed by a Director chosen by the Chairman of the Endowment. Authorizes the Director to: (1) appoint ad hoc juries of artists and art experts to assist in the selection of visual works of art; (2) select works of art with such juries' assistance; (3) provide for their safety; (4) make them available for loan to Federal supervisory authorities and to museums; (5) require those who receive fellowships in the visual arts from the Endowment to donate one of their works to the Art Bank; and (6) sponsor exhibitions. Requires the Director, when selecting work for purchase, to consider the quality of the work and the need to encourage unknown and geographically disparate artists. Authorizes appropriations for FY 1984-1986.
United States · United States Congress · 21 March 1983
Milk Program Improvement Act of 1983 - Amends the Agricultural Act of 1949 to give milk producers who reduce production to 1980 levels a 95 percent refund (payments to be made in April and October) of two scheduled 50-cent assessments. Establishes in the Treasury a Milk Promotion Fund (to be terminated by September 30, 1986) to support dairy research and promotion activities. Provides money for such Fund from the remaining five percent of the milk producer assessments. Requires producer approval by referendum (by May 31, 1983) before moneys may be deposited in such Fund. Directs the Secretary of Agriculture, beginning July 1, 1983, and ending September 30, 1985, to enter into agreements with, or approve agreements among, milk and dairy producer associations to promote milk and dairy sales. States that program costs shall be covered by moneys from the 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
Health Promotion and Disease Prevention Amendments of 1983 - Amends the Public Health Service Act to replace the existing Office of Health Information, Health Promotion, and Physical Fitness and Sports Medicine (within the Office of the Assistant Secretary for Health of the Department of Health and Human Services) with an Office of Health Promotion, to be headed by a Director. Directs such Office to: (1) coordinate Department and private health information, promotion, and prevention services; (2) establish a national information clearinghouse; and (3) support projects, conduct research, and disseminate information relating to preventive medicine, health promotion, physical fitness and sports medicine. Authorizes appropriations through FY 1986. Repeals specified provisions regarding: (1) program models; (2) physical fitness grants; and (3) sports medicine (transferred under this Act). Directs the Secretary of Health and Human Services to make grants to academic health centers to establish Centers for Research and Demonstration of Health Promotion and Disease Prevention. Sets forth related operating provisions. Requires three such centers to be established in FY 1984, and five centers in each of the subsequent two fiscal years. Authorizes appropriations through FY 1986. Requires an annual health promotion and preventive medicine report to the appropriate congressional committees, with the first report due by January 1, 1984. Establishes an Assistant Director for Prevention position in the National Institutes of Health (NIH), to coordinate and promote NIH health promotion and disease prevention programs. Revises full-time student enrollment requirements for schools of public health seeking capitation grants to require that enrollment equal (presently must exceed) 1976 levels.
United States · United States Congress · 11 March 1983
Smoking Prevention Health and Education Act of 1983 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to inform the public of the health hazards of cigarettes through research, demonstration, and educational activities. Establishes an Interagency Committee on Smoking and Health to coordinate such Federal and private activities. Requires the Committee to meet at least four times a year. Directs the Secretary to report annually to Congress on the status of health and smoking in the United States. Makes it a misdemeanor (with maximum $10,000 fine) to manufacture, import, or package cigarettes without first filing a list of chemical additives (types and amounts) with the Secretary. States that such information shall be considered a trade secret. Requires the Secretary to report at least annually to Congress regarding cigarette additives and their health hazards. Amends the Federal Cigarette Labeling and Advertising Act to change existing label warning provisions to require cigarette packages to carry one of four specified warnings on a rotating basis according to Federal Trade Commission rules. Makes it unlawful to manufacture, import, or package cigarettes commercially without disclosing tar, nicotine, and carbon monoxide levels on the package.
United States · United States Congress · 11 March 1983
Amends the John F. Kennedy Center Act to authorize appropriations for FY 1984 for services necessary to the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, including maintenance, security and janitorial services.
United States · United States Congress · 11 March 1983
Amends the Department of Defense Authorization Act, 1983, to delay until June 30, 1984, the effective date for the denial of Federal educational assistance to students who have failed to comply with the registration requirements of the Military Selective Service Act.
United States · United States Congress · 10 March 1983
Clean Air Act Amendments of 1983 - Amends the Clean Air Act ("the Act"). Title I: Amendments Relating Primarily to Stationary Sources - Amends title I of the Act (Air Pollution Prevention and Control). Indian Tribes - Amends the definition of "air pollution control agency" to provide that any single agency designated by the tribal governing body of a federally recognized Indian tribe shall be eligible for grants for support of air pollution planning and control programs within an Indian reservation. Provides that specified funding level requirements for such grants to other agencies in each State shall not apply to grants to tribal agencies. Information for Technology Requirements - Directs the Administrator of the Environmental Protection Agency (EPA) to make available to State agencies administering permit programs, and to other interested persons, guidance documents to assist such agencies in implementing requirements regarding: (1) best available control technology (BACT) for proposed new and modified major stationary sources; and (2) reasonably available control technology (RACT) for existing sources. Requires publication of such documents within one year after enactment of this Act and updating every year thereafter. Requires that such documents describe, in detail and with specified distinctions, BACT and RACT determinations made by the Administrator and State air pollution control agencies. Secondary Ambient Air Quality Standards - Makes a technical revision of requirements for national secondary ambient air quality standards (secondary NAAQS). Implementation Plan Revisions - Directs the Administrator to announce a 60-day public comment period after receipt of any State implementation plan (SIP) revision. Provides for automatic approval of SIP revisions if the Administrator does not disapprove the revision within 120 days after the end of such public comment period. Authorizes the Administrator to extend the disapproval deadline for 60 days if the State submits additional information after the close of the public comment period. Directs the Administrator, within the 120-day period after the close of the public comment period to: (1) review any objections filed during the public comment period which were also filed during State proceedings; and (2) either disapprove or determine not to disapprove the revision based on such review. New Source Permits and Operating Permits - Revises SIP requirements relating to new source permits and operating permits. Provides that a modification of an existing source shall be subject to a new source review only if such modification increases emissions or potential emissions by 100 tons or more per year (the same level as that which applies to new sources). Prohibits the Administrator from requiring major stationary sources which comply with BACT requirements to adopt more stringent emission limitation or standard during the ten-year period after the new source permit is issued, except in cases of previously unregulated pollutants or hazardous pollutants or public health emergencies. Prohibits the Administrator from requiring a proposed major emitting facility to comply with any administrative or procedural requirements for permit issuance or emissions calculation which are adopted or modified after the date on which the permit application has been deemed complete, until final action on such application. Allows a State to adopt a program for establishing or modifying emission limitations and schedules and timetables for compliance for all or any class of sources in such State, through operating permits, general source-specific regulations, or other means. Excludes from coverage under such State program emission limitations established for a new source by a State pursuant to specified provisions relating to new source performance standards, national emission standards for hazardous pollutants, prevention of significant deterioration of air quality, and nonattainment areas. Sets forth requirements for any such State program. Provides for EPA review of: (1) any new or modified emission limitation which involves a potential net increase in emissions of 100 tons or more per year for a particular source or class of sources; or (2) any action delaying compliance with an emission limitation for a particular source or class of sources which would reduce emissions by 100 tons or more per year. Hazardous Air Pollutants - Directs the Administrator, within 60 days after the date of enactment of this Act, to identify at least 20 substances or materials for which the Administrator intends to decide, within two years after such enactment date, whether or not to include such substances in the list of hazardous air pollutants (the NESHAPs list). Requires that such identification include: (1) each substance or material for which the EPA is projected to have completed a health assessment within two years of such enactment date; and (2) each other substance or material under EPA evaluation for inclusion on the NESHAPs list for which EPA has positive data from one or more tests indicating carcinogenicity in humans or other mammals. Directs the Administrator, within one year of such enactment date, to identify at least 20 additional substances or materials for which an inclusion decision will be made within five years of such enactment date. Requires that first consideration, in both such identifications, be given to specified substances and materials which the EPA has been evaluating. Directs the National Toxicology Program, through its Director, to recommend substances or materials which should be so identified, and to continue to recommend substances and materials which may be appropriate for inclusion on the NESHAPs list. Directs the Administrator, at the time the additional substances or materials are identified, to also identify what additional research, study, or evaluation is necessary for a determination. Directs the Administrator, in cooperation with the National Toxicology Program, to: (1) establish a schedule for initiating and completing such research, study, or evaluation; (2) identify the agency which will undertake it; and (3) identify the source and amount of funding for it, if such funding is not provided through the Hazardous Substance Response Trust Fund. Directs the Administrator to establish a docket for each substance identified and provide opportunity for submittal of information by interested parties. Directs the Administrator, within two years in the case of those substances in the first identification and within five years in the case of the additional substances identified, to publish the determination of whether each substance or material is a hazardous air pollutant to be included on the NESHAPs list, with the basis and the available information for such determination. Requires that a substance or material be included on the NESHAPs list by operation of law if the Administrator fails to make a determination by the appropriate deadline. Provides for removal from the list if the Administrator, within 180 days of such inclusion and upon petition by an interested party, makes a determination that such substance or material is not a hazardous air pollutant. Provides that neither the identification for determination purposes nor the automatic listing due to failure to meet the deadline shall be deemed a presumption that a substance or material is a hazardous air pollutant. Directs the Administrator to specify the chemical forms of a substance or material which are determined to be hazardous air pollutants when including such substance or material on the NESHAPs list. Directs the Administrator to identify the categories of sources which emit each hazardous air pollutant on the NESHAPs list in significant amounts. Extends from 180 days to one year the period after proposal of emission standards during which the Administrator must establish final emission standards for hazardous air pollutants (NESHAPs). Requires that NESHAPs be established at a level requiring the greatest degree of emission reduction of such pollutant through the application of the best system of continuous emission reduction available for the class or category of source, taking into account the cost of achieving such reduction and any nonair quality health or environmental impacts (BACT - the Best Available Control Technology). Directs the Administrator to determine whether such emission standard is adequate to protect the public health from such hazardous air pollutant with an adequate margin of safety, and, if not, to establish such standard at a more stringent level. Requires that NESHAPs be at least as stringent as the most stringent emission limitation shown by an adequate operating history to have been achieved in practice by a source of the same class or category (LAER-the Lowest Achievable Emission Rate). Authorizes the Administrator to distinguish among classes, types, sizes, and periods of remaining useful life for sources within a category of sources for purposes of establishing NESHAPs. Directs the Administrator to establish for each class or category of existing source deadlines which provide for NESHAP compliance as expeditiously as possible, but not later than two years after the effective date of the NESHAP. Provides that such NESHAPs amendments shall not affect any NESHAP promulgated prior to the enactment of this Act. Primary Nonferrous Smelter Orders - Extends the date by which primary nonferrous smelter orders must require final compliance with applicable sulfur oxides emission limitations from January 1, 1988, to January 1, 1993. Permits determinations of such compliance to take into account the effect of the de-minimis use of supplementary controls (up to five percent of any calendar year). Noncompliance Penalties - Requires that noncompliance penalties be reduced by the amount of any expenditures used to achieve interim reductions of the pollutant, by a method approved by the Administrator (or the State, as appropriate). Ozone Protection - Directs the Administrator to give priority in ozone protection studies and research to increasing actual measurements of stratosphere ozone and improving methods of identifying potential trends in such measurements. Directs the Administrator to contract annually with the National Academy of Sciences to: (1) continue review and research; (2) determine the extent, nature, and causes of changes in stratosphere ozone concentration; (3) investigate probable or possible effects on health and the environment; and (4) report all findings and associated uncertainties. Directs the National Academy of Sciences, in consultation with the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration, to report, within two years after enactment of this Act and annually thereafter, all findings concerning actual or potential alteration of the concentration of ozone in the stratosphere, its causes, and associated implications and uncertainties. Requires that such report be made to the Administrator and to the Congress, with copies available to the public. Requires that research and monitoring programs be continued and expanded to determine the extent, nature, causes, effects, and associated uncertainties of stratospheric ozone changes. Directs the President, within two years after enactment of this Act and annually thereafter, to report to the Congress and the public on efforts to reach international agreements among the major free-world producing countries of chlorofluorocarbons as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Directs the Administrator, in proposing further regulations for the control in the United States of any chlorofluorocarbon under the Act or the Toxic Substance Control Act, to first: (1) determine that chlorofluorocarbons are contributing to depletion of the stratospheric ozone which is occurring, or is likely to occur, at a rate that may reasonably be anticipated to endanger the public health or welfare; or (2) report that international agreement has been reached as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Directs the Administrator, in promulgating such regulations to: (1) take into account any unresolved scientific questions and the availability of suitable alternative products; and (2) specifically consider the health implications of chlorofluorocarbon chemical substitutes and implications of ozone depletion for the public health and welfare. Prevention of Significant Deterioration - Revises provisions for Prevention of Significant Deterioration of Air Quality (PSD). (PSD provisions currently specify allowable short-term and long-term "increments" of emissions of sulfur oxide and particulate matter--regulations for other pollutants are not yet final--in areas with cleaner air than that required by NAAQS. (Currently, the smallest increments are allowed in "class I" areas, which include "statutorily designated" large national parks and wilderness areas, with larger increments in "class II" areas, and the largest increments in "class III" areas). Makes a technical amendment relating to the purpose of the PSD program. Eliminates the tracking of the short- term (three-hour and 24-hour for sulfur dioxide and 24-hour for particulate matter) increments in class II areas, by providing that the owner or operator of a major emitting facility must only demonstrate that such facility will not cause such maximum allowable increases to be exceeded during one such period per year. Exempts class II areas within the State of Alaska from compliance with the three-hour maximum allowable increase for sulfur dioxide. Eliminates provisions for class III areas (both for incremental limits and area redesignation purposes). Permits States to designate a PSD area as "unclassified" instead of class I or class II. Provides that unclassified areas (unlike the replaced class III area designation) shall not be subject to PSD increment limits. Permits States to eliminate the PSD increment system anywhere except on national lands which are mandatory class I or "mandatory" class II areas. Requires each State, within 18 months after enactment of this Act, to submit an area classification plan to the Administrator. Requires that such plan: (1) list all areas in the State which are federally mandatory class I or class II or which the State has determined warrant class I or class II designation; and (2) identify all "unclassified" areas within such State to which PSD provisions apply and which are not listed as class I or class II. Provides that unclassified areas shall not be subject to the PSD increment system. Sets forth plan requirements for unclassified areas, including: (1) comprehensive assessment of air quality; (2) long-term (at least 20 years) air quality goals and a procedure for periodic review of such goals; (3) emissions growth projections consistent with attainment of such goals; (4) a requirement that all proposed major emitting facilities which will emit or have the potential to emit 500 tons or more per year of particulate matter or 1,000 tons or more per year of any air pollutant be subject to review and be determined to be consistent with such goals prior to the issuance of a PSD construction permit; and (5) any other requirements the State deems necessary to attain such goals. Subjects area classification plans and revisions to specified requirements for SIP revisions. Requires that all areas which are class II areas immediately prior to enactment of this Act continue to be subject to class II increment limits until the area classification plan is approved. Requires that: (1) notice be afforded and public hearings conducted in at least three different locations in the State prior to submittal of such plan; (2) prior to such hearings, the proposed plan be available for inspection; and (3) affected local officials and Federal Land Managers be notified and provided with opportunity to comment. Eliminates area redesignation provisions requiring preparation of an analysis of the effects of a proposed redesignation and local government concurrence in the redesignation. Revises PSD preconstruction requirements to shorten the period (from one year to six months) during which a PSD permit application must be granted or denied, in the case of a facility emitting less than 500 tons per year of particulate matter and less than 1,000 tons per year of every other pollutant regulated under the Act. Requires that all PSD permit applicants be notified whether the application is complete, within two months after filing. Requires States to notify the Administrator only of applications and final actions on permits for facilities which will emit or have the potential to emit: (1) 500 tons or more per year of particulate matter and 1,000 tons or more per year of any other air pollutant; or (2) pollutants affecting air quality in any class I area. Provides that Federal Land Managers have a responsibility to: (1) identify (as well as protect) air quality related values of Federal class I areas (including visibility within such area); and (2) file a notice, and supporting information, to the permitting authority where emissions from a proposed major facility may have an adverse impact on such values; and (3) monitor and gather other information on air quality to assist in determining baseline concentrations and carrying out other responsibilities. Allows States to make "integral vista" determinations as to whether a proposed facility outside a Federal class I area will impair the vista within such area. Requires States, in any case in which the Federal Land Manager files such an allegation, to provide a public hearing with opportunity for the Federal Land Manager and other interested persons to comment on such impact. Allows a permit to be issued if the State determines that: (1) the facility would not cause a significant impairment of visibility within the integral vista; or (2) such issuance would be in the public interest notwithstanding any such significant impact. Requires the Administrator to follow any recommendations of the Governor, consistent with other requirements of the Act, when the Administrator is the PSD permitting authority for an integral vista determination. Eliminates the requirement that an air quality analysis include continuous air quality monitoring data gathered over a specified period. Allows a State to determine whether such monitoring data is necessary or appropriate for making a construction permit decision. Redefines "construction" for PSD permit purposes, to exclude modifications of existing facilities that will increase or have the potential to increase emissions of any pollutant by less than 100 tons per year. Requires the PSD permitting authority, before determining the "best available control technology" (BACT) to be achieved by a proposed major facility which will emit 500 tons or more per year of particulate matter or 1,000 tons or more per year of any other air pollutant regulated under the Act, to: (1) review the emission limitations with respect to such pollutant achieved in practice by or required under the Act for major emitting facilities of the same size, type, and class; and (2) identify the most stringent of such emission limitations and first consider these before determining the BACT to be achieved; and (3) provide information to the public regarding any decision to require a less stringent limitation. Requires that such review consider only emissions limitations: (1) for facilities within the same State (or EPA administrative region, if appropriate) as the proposed facility; (2) described in specified guidance documents; or (3) of which actual notice has been received by the permitting authority. Redefines "baseline concentration" to specify that this term refers to the ambient concentration levels in all PSD areas where such levels have been or will be affected by a facility which is applying for a permit. Includes data submitted by a Federal Land Manager among the data to be used in determining baseline concentration. Provides for updating of baseline concentrations following the redesignation of an area as class I. Fugitive Dust - Allows the Governor, in determining PSD increment consumption by a new source, to exclude concentrations of particulate matter attributable to emissions composed of soil which is uncontaminated by pollutants resulting from industrial activity. Requires that the State have an approved SIP for carrying out the PSD program and that there be notice and opportunity for public hearing before the Governor makes such exclusion. Provides, in any State where the Administrator is the permitting authority, that the Administrator may (and must, if petitioned by the Governor) make such exclusion of uncontaminated soil. Visibility - Revises provisions for the visibility protection program in mandatory class I areas to specify that such program is intended to prevent significant impairment of visibility in such areas. Prohibits the Administrator from requiring any existing source to procure, install, or operate any retrofit technology to prevent or remedy impairment of visibility outside the boundaries of a mandatory class I Federal area, unless the appropriate Governor has been notified and has not determined within a reasonable time that such action would not be in the public interest notwithstanding such impairment. Adds a definition of "integral vista" as ones included in a specified list published by the Department of the Interior for public comment. International Pollution - Discounts emissions from an immediately adjacent area in a foreign country which does not allow the United States to seek specified emissions reductions, in determining whether nonattainment provisions apply to an area in the United States that is exceeding a national ambient air quality standard (NAAQS). Declares the sense of the Congress that the President shall undertake negotiations with any foreign country from which emissions would cause an area in the United States to be a nonattainment area except for such discount, with the purpose of having such foreign country give the United States essentially the same rights to seek emissions reductions given other countries under the Act. Technology Requirements for Nonattainment Areas - Deletes provisions for a "lowest achievable emission rate" (LAER) from nonattainment area requirements. Requires new or modified sources constructed in nonattainment areas to adopt "best available control technology" (BACT). Requires, further, for any major stationary source emitting a pollutant (or pollutant precursor) for which the area is nonattainment, the permitting authority to establish an emission limitation for such pollutant at least as stringent as the most stringent limitation: (1) shown by an adequate operating history to have been achieved in practice by a major stationary source of the same size, type, and class within the same Federal administrative region; or (2) included in a permit issued for such an existing source before the permit application for the proposed source is complete, unless the permitting authority determines that such emission limitation in the issued permit is not achievable for the proposed source. Requires the permitting authority to review emission limitations and identify most stringent limitations only if: (1) the sources are in the same State (or EPA administrative region) as the proposed source; (2) specified guidance documents describe the emission limitation; or (3) the permitting authority has received actual notice of the emission limitation. Revises permit issuance requirements for nonattainment areas to subject a proposed source to BACT (rather than LAER). Nonattainment Definitions - Provides, for nonattainment area purposes, that "major stationary source" includes each discrete operation, unit, or other activity which produces or may produce emissions of 100 tons or more per year of a pollutant or pollutant precursor for which the area is a nonattainment area. Defines "vehicle inspection and maintenance programs" (I/M programs) to require: (1) areas which are nonattainment for carbon monoxide to have a program that is as effective in reducing vehicle emissions as specified programs fully approved by the EPA; and (2) areas which are nonattainment only for photochemical oxidant and in which motor vehicle emissions contribute less than one-third of the total hydrocarbon emissions to have a program that requires annual emissions testing or direct inspection of control equipment and that provides for attainment of the photochemical oxidant standard by the applicable deadline. Construction in Nonattainment Areas - Provides for an alternative to specified construction bans in nonattainment areas. Allows construction of a new or modified source, under specified circumstances, if offsets equal to twice the emissions from the new or modified source are obtained from existing sources. Nonattainment Plan Provisions - Extends to December 31, 1984, a State's deadline for attaining any primary ambient standard (primary NAAQS) if the State: (1) certifies that attainment could not be achieved by the December 31, 1982, deadline despite implementation of all measures in an approved or promulgated SIP; and (2) agrees not to relax any emission limitation in an approved SIP. Requires States to submit by December 31, 1984, any SIP revision providing for extensions of attainment deadlines to: (1) December 31, 1985, for sulfur dioxide, nitrogen dioxide, and particulate matter; or (2) December 31, 1987, for photochemical oxidants and carbon monoxide. Permits areas, if the Administrator determines they cannot meet the 1987 deadline despite implementing all reasonably available control technologies, an offset or equivalent program, and a vehicle I/M program, to extend the deadline: (1) for photochemical oxidants or carbon monoxide until December 31, 1992, if 1979 or 1980 levels for such pollutant were at least twice the primary NAAQS; or (2) for photochemical oxidants until December 31, 1990, if such levels were less than twice the primary NAAQS. Requires SIPs to provide for operation of a vehicle I/M program in any urbanized area with greater than 200,000 population which is seeking a deadline extension beyond 1982 for: (1) carbon monoxide; or (2) photochemical oxidants, if the 1979 and 1980 level exceeded the primary NAAQS by 50 percent or more. Requires that operation of such vehicle I/M programs begin as expeditiously as possible, but no later than January 1, 1985, for extensions requested after the enactment of this Act, and that such SIPs include reasonably available measures to assure continous compliance with SIP and permit requirements for major stationary sources. Prohibits relaxation or delay of any stationary source emission limitation or schedule of compliance in any area which receives a deadline extension under specified provisions of this Act for any primary NAAQS. Provides that an SIP establish the "growth allowance" (the allowance permitted for a pollutant, or precursor, for which an area is nonattainment from a new or modified major stationary sources) if: (1) there is an approved emissions inventory and allowable emissions from proposed new or modified stationary sources, in combination with all other increases in emissions of such pollutant (not offset by any reductions in emissions at any source) do not exceed one percent, in any calendar year, of the total annual emissions for such pollutant recorded in the inventory; (2) the State conducts a review prior to construction or modification and requires BACT for every new or modified source with potential emissions of 50 tons or more per year of such pollutant (without offsets); and (3) the SIP meets specified requirements, including the demonstration of reasonable further progress. Permit Requirements for Nonattainment Areas - Provides that any emissions reductions from existing sources required as a precondition for nonattainment area permit issuance may include any emissions reductions: (1) from nonindustrial sources, inanimate natural sources, and mobile sources; or (2) achieved by a State or local government and paid for by the owner or operator of the proposed new or modified source. Limitations on Certain Federal Assistance - Authorizes the Administrator to determine the extent and categories of withholding grants and project approval under the Act and under the Federal aid to highways program. Prohibits the Secretary of Transportation from approving projects or making grants in nonattainment areas which are not planning or implementing required vehicle I/M programs by the established deadlines. Exempts from such prohibition highway grants for Interstate highway construction, landscaping, and noise attention barriers (as well as for safety, mass transit, and transportation projects related to air quality improvement or maintenance). Interstate Transport and Acid Precipitation Reduction - Establishes a new program entitled "Interstate Transport and Acid Precursor Reduction." Establishes a long-range transport corridor, the "acid deposition impact region," consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia. Directs the Administrator to: (1) conduct a study of air pollution problems associated with the long-range transport of pollutants in the portions of the continental United States not included in the acid deposition impact region; and (2) report the results to Congress within two years. Directs the Acid Precipitation Task Force established under the Energy Security Act to submit to the appropriate congressional committees two comprehensive reports, one by December 31, 1985, and one by December 31, 1987, on the specified research findings and recommendations for reducing acid deposition and its effects. Authorizes additional appropriations for the Task Force for carrying out specified activities in FY 1983 through 1987. Directs the Task Force to also conduct and support research on advanced flue-gas cleaning and precombustion fuel treatment technologies and inherently low-emission combustion processes (including atmospheric and pressurized fluidized bed combustion). Authorizes appropriations for FY 1984 through 1988 to a Task Force member for partial funding of a joint project among the Tennessee Valley Authority and other appropriate participants for a demonstration facility to generate electricity using an atmospheric fluidized bed combustion process. Establishes an Acid Precipitation Scientific Review Board, to be appointed by the National Academy of Sciences. Directs the Board to review: (1) all available information on the causes, extent, and potential environmental impacts of acid deposition; and (2) all activities being performed by the Task Force. Directs the Board to submit at least two comprehensive reports, one not later than June 30, 1986, and one not later than June 30, 1988, on the results of such reviews, including a review of the Task Force's reports and the Board's own recommendations for acid deposition reduction. Authorizes appropriations for Board activities for FY 1983 through 1988. Directs the Administrator to report to the appropriate congressional committees on emission limitation and other enforceable measures for all States in the acid deposition impact region which are adopted, approved, or in effect under interstate transport and acid precursor reduction provisions. Directs the Office of Technology Assessment to: (1) analyze the control requirements of such reported enforceable measures in terms of environmental benefits, implementation costs, and potential effects on coal production or markets, on both aggregate regional and a State-by-State basis; and (2) report to the appropriate congressional committees. Requires such committees to conduct hearings on such acid deposition control matters. Directs the Administrator to: (1) develop an inventory of sources of nitrogen oxides in the acid deposition impact region and each of its States; and (2) report within four years of enactment of this Act to the appropriate congressional committees on the inventory, control technologies and methods for new and existing nitrogen oxides sources, and recommendations for control requirements. Directs the Administrator and the Secretary of the Treasury to conduct, and report to the Congress on, a joint study of a fee system on energy generators in the acid deposition region to finance emission reductions. Authorizes the Administrator, directly or through grants to any State or interstate agency, to develop, refine, demonstrate, and implement methods of: (1) neutralizing or restoring the buffering capacity of acid altered bodies of water that can no longer support game fish species; and (2) removing from bodies of water toxic metals or other toxic substances mobilized by acid deposition. Permits inclusion in such grants of amounts necessary for reports, plans, and specifications. Prohibits such grants from being made for any project: (1) in an amount exceeding 75 percent of costs; or (2) that involves bodies of water that did not contain game fish as established by State law prior to 1970. Authorizes appropriations for such purposes for FY 1983 through 1985. Requires that annual emissions of sulfur dioxide in the acid deposition be reduced by 8,000,000 tons from the total 1980 level, through a phased reduction to be completed by January 1, 1995. Requires that post-1980 increases in sulfur dioxide emissions from major stationary sources be added to the amount which a State in the region is required to reduce. Prohibits any major stationary source in the region from increasing its actual rate of sulfur dioxide over its 1980 level. Exempts from such requirement and such prohibition: (1) any State (and sources in such State) which had no 1980 utility boiler with annual average emissions greater than 1.2 pounds per million Btu; and (2) any utility boiler which converts to coal and emits no more than 1.5 pounds per million Btu. Prohibits any new major stationary source of sulfur dioxide from commencing operation in the region after January 1, 1995, unless there is an "offset" (a simultaneous net reduction in emissions of sulfur dioxide at one or more points in such region, which is: (1) identified for the new source; (2) in excess of the potential emissions from the new source; and (3) not otherwise required under specified provisions of the Act). Exempts from such prohibition any such source which: (1) adopts BACT; and (2) attains the most stringent emission limitation achieved by any source of the same size, type, and class within the region. Prohibits any major stationary source of nitrogen oxides in the region which began operation before January 1, 1981, from increasing its actual rate of such emissions over 1980 levels or levels experienced during a thirty-day period immediately prior to enactment of this Act, unless there is an "offset." Exempts from such prohibition utility boilers which convert to coal as a primary fuel. Requires the Governors of the 31 States within the region to negotiate the allocation of required reductions of sulfur dioxide among such States. Provides that any such allocation agreement shall be binding and enforceable upon each such State within 18 months after enactment of this Act upon notification to the Administrator by 75 percent of such Governors that such agreement has been reached. Sets forth a formula to determine such allocation of State sulfur dioxide reduction requirements, if the Governors fail to make such agreement within such time period. Provides for reallotment agreements between the Governors of two or more States in the region. Requires each State in the region, within 42 months after enactment of this Act, to: (1) adopt measures to achieve such sulfur dioxide emissions reductions, including emissions limitations and compliance schedules; and (2) submit such measures to the Administrator for review and approval and to the other Governors for comment. Subjects any major stationary source in the region which is not by December 31, 1985, in full compliance with the applicable SIP for sulfur dioxide in effect on January 1, 1981, to: (1) a 30-day average emission limitation of 1.2 pounds of sulfur dioxide per million Btu for all sources owned by its owner; and (2) specified noncompliance penalties. Encourages each State in the region adopting, and the Administrator in reviewing, such measures to phase compliance dates so that significant emission reduction is achieved prior to January 1, 1995. Requires each source which proposes to comply with such sulfur dioxide emission limitations by any means other than an innovative system of continuous emission reduction or the replacement of existing facilities with new facilities of substantially lower emissions to comply by January 1, 1993. Provides that, in States which have not adopted such measures within 42 months after enactment of this Act or which have not had such measures approved by the Administrator within six months after submission, each fossil-fuel-burning electric generating facility shall comply with an emission limitation for all such facilities owned or operated by the same entity in the region equivalent to a 30-day average of 1.2 pounds of sulfur dioxide per million Btu. Requires owners or operators of such facilities to submit to the Administrator a plan and schedule for compliance not later than four years after enactment of this Act or six months after such owner or operator becomes subject to such emission limitation. Directs the Administrator to approve any such plan and schedule if it contains requirements for continuous emission reduction and monitoring and achievement of compliance by January 1, 1995. Allows a State or source owner or operator to use specified methods or programs for net emission reduction required under the acid deposition region provisions in addition to enforceable continuous emission reduction measures, if such methods or programs are enforceable by the Federal Government, States other than those in which the emissions occur, and citizens. Lists such methods and programs as: (1) least emissions dispatch to meet electric generating demand at existing generating capacity; (2) early retirement of sources; (3) energy conservation investments; (4) trading emission reduction requirements and actual reductions on a State or regional basis; and (5) precombustion cleaning of fuels. Interstate Pollution - Requires SIPs to prohibit any stationary source from emitting any air pollutant in amounts which will: (1) interfere with attainment or maintenance by any other State of any primary or secondary NAAQS; or (2) contribute to atmospheric loadings of pollutants or their transformation products which may reasonably be anticipated to cause or contribute to an adverse effect on public health or welfare or the environment in any other State or foreign country. Revises provisions relating to stack heights to redefine "good engineering practice" to mean the height necessary to insure that stack emissions do not result in excessive air pollutant concentrations in the "impact area" of the source. Authorizes the Administrator to prohibit increases in, or restrict, the stack height of any source. Directs the Administrator, within one year of enactment of this Act, to complete a review of emission limits for all existing major sources which have come into existence since 1970, or raised stack heights since 1970, to determine if such limits are inappropriately based upon modeling credit for stack heights above good engineering practice. Directs the Administrator to require States to correct inappropriately based emission limits within six months. Makes it the burden of the operator of each such source to demonstrate the correct stack height credit to be used. Makes emission of an air pollutant which, by itself or in combination, reaction, or transformation, adversely affects the public health or welfare of another State a violation of interstate pollution abatement provisions. Requires major existing sources to install reasonably available control technology (RACT) within two years of a finding of such violation. Requires SIPs to require each major proposed new (or modified) source which may significantly contribute to levels of air pollution in any air quality control region outside the State to notify all nearby States. Allows State or local governments to petition the Administrator for a finding that any major source or group of sources is in violation of specified SIP or interstate pollution abatement provisions. Provides that all language referring to welfare under the Act also includes, but is not limited to: (1) effects on precipitation; and (2) specified effects whether caused by transformation, conversion, or combination with other air pollutants. Makes violations of the interstate pollution provisions subject to citizen suit provisions under the Act. Title II: Amendments Relating Primarily to Mobile Sources - Amends part A (Motor Vehicle Emission and Fuel Standards) of title II (Emission Standards for Moving Sources) of the Act. Heavy Duty Vehicle Emissions - Eliminates the authority of the Administrator to revise the heavy duty vehicle standards for emissions of hydrocarbons and carbon monoxide, which require a reduction of at least 90 percent. Makes such standards applicable during and after model year 1984. Sets a four-model-year period "lead time" between promulgation (or revision) and effective date of heavy duty vehicle standards for particulate matter. Provides that standards for particulate matter and for nitrogen oxides shall remain in effect for at least four model years. Authorizes the Administrator to make appropriate arrangements with the National Academy of Sciences to review the technological feasibility of any proposed standard for particulate matter. Directs the Administrator, in setting any heavy duty vehicle emission standard, to take into account the effect of attaining that standard on the attainment of other such existing or proposed emission standards for each other pollutant. Authorizes the Administrator to prescribe heavy duty vehicle or engine standards for emissions of nitrogen oxides and particulate matter for diesel-powered vehicles and engines which take effect in the same model year. Directs the Administrator to consider studies available from the Health Effects Institute, in conducting a continuing pollutant study concerning the effects of each air pollutant emitted from heavy-duty vehicles or engines and from other sources of mobile source related pollutants on the public health and welfare. Redefines "useful life," for purposes of heavy-duty vehicle and engine regulations, as the greater of: (1) one- half of the average time or use between first use and engine retirement or rebuild or any other measure of actual life determined by the Administrator; or (2) the duration or mileage of the published commercial warranty. Light Duty Vehicle Emissions - Sets a nitrogen oxides emissions limitation of 1.5 grams per vehicle mile for diesel-powered duty vehicles and engines manufactured during model years 1983 and 1984. Sets a particulate matter emissions limitation of 0.2 grams per vehicle mile for light duty vehicles and engines manufactured during model year 1986 and thereafter. Provides for a waiver of such standard to O.6 gram per vehicle mile of particulate matter for any class or category of light duty vehicles or engines manufactured during the model years 1986 and 1987, under specified conditions. Provides for a waiver of the 1986-1987 model year nitrogen oxides emissions standard to 1.5 grams per vehicle mile for diesel-powered light duty vehicles or engines, if such waiver will avoid granting the waiver with respect to particulate matter. Light Duty Truck Emissions - Sets low altitude emissions limitations for light duty trucks. Sets such limits at the following grams per vehicle mile for: (1) hydrocarbons, 1.7 in model year 1983 and 0.8 in model year 1984 and thereafter; (2) carbon monoxide; 18 in 1983 and ten in 1984 and thereafter; (3) nitrogen oxides, 2.3 in 1983 and 1984, 1.2 (for 6,000 pounds or less vehicle weights) in 1985 and thereafter, and 1.7 (for over 6,000 pounds vehicles) in 1985 and thereafter; and (4) particulate matter, 0.26 in 1986 and thereafter. Provides for waivers of such particulate matter standard to 0.6 grams per vehicle mile, under specified conditions. Provides for waiver of such nitrogen oxides standards to 1.7 (for 6,000 pounds or less vehicles) and 2.3 (for over 6,000 or less vehicles), if such waiver will avoid granting the waiver with respect to particulate matter. High Altitude Motor Vehicle Emissions - Eliminates the requirement that all model year 1984 and later light duty vehicles comply with national emission standards regardless of the altitude at which they are sold. Directs the Administrator to establish separate low altitude and high altitude emission standards for model year 1984 and later light duty vehicles and light duty trucks. Requires that the high altitude standards be equal in numerical value to the low altitude standards for emissions of: (1) nitrogen oxides from all such model year 1984 and later vehicles; and (2) carbon monoxide from model year 1984 and later light duty vehicles and model year 1985 and later light duty trucks. Provides that high altitude emission standards for every other pollutant must require a percentage reduction at least equal to the percentage reduction which the corresponding low altitude standards require at low altitude. Prohibits such high altitude standards from being numerically more stringent than corresponding low altitude standards. Authorizes the Administrator to issue certificates of conformity for model year 1984 and later for light duty vehicles and light duty trucks if they comply under: (1) low altitude conditions with low altitude standards, and are capable by design, or by approved adjustments or modifications, of complying under high altitude conditions with high altitude standards; (2) low altitude conditions with low altitude standards, and are subject to a specified exemption; or (3) high altitude conditions with high altitude standards, and the manufacturer demonstrates that virtually all such vehicles are intended for principal use at elevations of at least 4,000 feet above sea level. Directs the Administrator to determine the durability under high altitude conditions of the emission control performance of vehicles using data from tests conducted under low altitude conditions on the same or similar vehicles, unless the Administrator determines that it is necessary or appropriate to conduct separate tests under high altitude conditions. Sets forth requirements for adjustments and modifications to ensure adequate performance under high altitude conditions, and for readjustments or remodifications for such performance under low altitude conditions. Exempts, upon a manufacturer's application, motor vehicles for one model year from high altitude requirements if: (1) the Administrator has approved high altitude performance instructions for such vehicles; and (2) the number of such vehicles intended for principal use in designated high altitude areas represents not more than 15 percent of the manufacturer's anticipated combined sales in that model year of light duty vehicles and light duty trucks intended for principal use in designated high altitude areas. Requires exempted manufacturers to make all reasonable efforts to ensure that an individual vehicle has been adjusted or modified before sale or delivery to the ultimate purchaser in accordance with such approved instructions. Requires exempted manufacturers to inform the Administrator of actual combined sales, and provides for appropriate reductions of future exemptions. Requires dealers to certify to purchasers that required adjustments or modifications have been performed on model year 1984 or later light duty vehicles or light duty trucks intended for principal use in a designated high altitude area. Permits manufacturer's instructions for high altitude performance adjustments or modifications (and readjustments and remodifications) to include changes in gear ratios. Requires manufacturers to make such instructions and descriptions available to their authorized dealers, and upon request to service and repair establishments, in high altitude areas. Directs the Administrator, upon the request of a national association of motor vehicle dealers, to compile data on the availability and distribution of light duty vehicles and light duty trucks to dealers in designated high altitude areas. Requires a report on such data to be submitted to the Congress and published in the Federal Register within six months of such request. Provides for a six-month extension of this deadline if there is also a request for data on high altitude emission standards compliance costs and effects on sales. Sulfur Emissions - Directs the Administrator to prohibit the sale of diesel fuel for use in motor vehicles with a sulfur content of more than 0.5 percent by weight or such lesser limit as is necessary to protect the public health or welfare. Requires that regulations for such prohibition: (1) be promulgated at such time as diesel-powered vehicles constitute ten percent of the total annual sales of light duty vehicles and light duty trucks; and (2) take effect within 48 months after January 1 of the first calendar year in which such a sales level is reached. Imported Vehicles - Revises the prohibition against importation of new motor vehicles or new motor vehicle engines without a certificate of conformity with applicable emissions standards. Limits the exemption from such prohibition, exemption under which an importer may furnish a bond to insure that such vehicle or engine will be brought into such conformity, to those vehicles or engines which are of a class for which application for a certificate is pending. Exempts new vehicles or engines which are five model years old or older. Provides that an importer of vehicles who is not otherwise a manufacturer shall not be considered a small manufacturer for purposes of the small volume certification procedure. Vehicle Imports into Territories - Exempts from imported vehicle certification requirements of the Act vehicles imported for commercial or public transportation use, which would otherwise be unavailable, into and solely for use within a Territory of the United States which is not a nonattainment area and which imports fewer than 500 vehicles per year. Lead in Gasoline - Prohibits the Administrator from allowing the average lead content per gallon of leaded gasoline to exceed, in future quarters, the average achieved during the quarter ending June 30, 1982. Prohibits any amendment of specified EPA regulations in effect on July 1, 1982, which would allow any increase in the average lead content per gallon of gasoline. Definitions - Defines "heavy duty vehicle" and "heavy duty vehicle and engine" as a motor vehicle, including engine, with: (1) more than 8,500 pounds gross vehicle weight; (2) more than 6,000 pounds vehicle curb weight; or (3) more than 45 square feet basic vehicle frontal area. Defines "light duty truck" and "light duty truck and engine" as a vehicle, including engine, with gross vehicle and curb weight below the heavy duty vehicle level and which: (1) is designed primarily for transportation of property or is a derivation of such vehicle; (2) is designed primarily for transportation of persons has a capacity of more than 12 persons; or (3) has special features enabling off-street or off-highway operation and use. Authorizes the Administrator, notwithstanding such definitions, to define as a heavy duty vehicle instead of a light duty truck any vehicle with a gross weight more than 6,000 pounds but less than 8,500 pounds, and which is designed primarily for commercial (including agricultural) use and not for uses performed by light duty trucks. Sets forth provisions for high altitude emission standards for such redefined vehicles. Defines "light duty vehicle" and "light duty vehicle and engine" as a motor vehicle, including engine, designed primarily for transportation of persons which has a capacity of 12 persons or less. Defines "designated high altitude areas" as all countries identified in high altitude emission standards regulations in effect on December 31, 1981, which are in a State in which one or more such countries was in whole or in part during calendar year 1981 a nonattainment area for carbon monoxide photochemical oxidants. Defines "high altitude conditions" as an elevation of approximately 5,300 feet above sea level, or a barometric pressure corresponding to such elevation. Defines "low altitude conditions" by the definition given in regulations in effect on December 31, 1981, unless the Administrator by regulation promulgates another definition. Title III: Other Amendments and Provisions - Judicial Review - Revises provisions governing judicial review of EPA final actions under the Act. Allows petitions for review of locally or regionally applicable actions to be filed only in the U.S. Court of Appeals for an appropriate circuit. Allows petitions of review of nationally applicable actions to be filed in the U.S. Court of Appeals for the District of Columbia or in any U.S. Court of Appeals for a circuit in which the petitioner resides or transacts business. Establishes a random selection procedure, to be administered by the Administrative Office of the United States Courts, to determine the court of appeals in which an EPA action is to be reviewed when petitions for review have been filed in two or more courts of appeals. Directs the Administrator, following such determination, to promptly file the record in such court. Directs other courts to promptly transfer such petitions to such court. Provides that any court in which a petition has been filed, including any court selected by the random procedure, may transfer such petition to any other court of appeals for the convenience of the parties or otherwise in the interest of justice. Changes the period within which a petition for review of an EPA promulgation, approval, or action must be filed from 60 to 120 days after notice is published in the Federal Register, but requires petitions based solely on grounds arising after such 120-day period to be filed within 60 days after such grounds arise. Award of Fees - Limits the award of litigation costs, in proceedings for judicial review of EPA actions and citizen suits under the Act, to prevailing or substantially prevailing parties. Appropriations - Authorizes appropriations for FY 1983 through 1987 to carry out the Act, other than specified provisions for research and special studies under the interstate transport and acid precursor reduction program and other research, development, and demonstration activities. Wood Smoke Study - Directs the Administrator to: (1) study the effects of wood combustion on ambient air quality; (2) research and monitor the direct or indirect effects of emissions associated with wood combustion on public health or welfare; (3) research and develop a uniform method to measure emissions from wood combustion devices, including testing and recommending designs for such devices; (4) report by December 31, 1984, to Congress on such study and research and on any regulatory action taken or proposed and any recommendations for legislation made; and (5) consider any appropriate use of specified provisions under the Act to control emissions associated with wood combustion. Allows such studies and research to be undertaken with cooperation and assistance from universities, private industries, and local and State governments. Directs Federal agencies to assist the Administrator in carrying out such studies and research. Limits the term "wood combustion," for purposes of such requirements, to the burning of wood, wood by-products, or wood wastes to produce heat for residential, commercial, or institutional applications with a heat input of less than 5,000,000 Btu per hour. Indoor Air Pollution Study - Directs the Administrator to carry out a research program on indoor air quality designed to gather information on associated health problems and to coordinate Federal, State, local, and private research, development, and demonstration relating to indoor air quality improvement. Authorizes the Administrator to establish: (1) committees representing concerned Federal agencies; and (2) advisory groups representing science, industry, and public interest organizations. Directs the Administrator to consult and coordinate with State and local officials and other interested parties. Sets forth activities which the research program must include but not be limited to. Directs the Administrator to submit to Congress: (1) an implementation plan for such research program within one year after enactment of this Act; (2) a progress report within 36 months of such enactment; and (3) a final report within 54 months of such enactment. Requires the progress report and final report to be submitted to the National Academy of Science (NAS) before submittal to Congress, and to include any NAS comments. Declares that nothing in such indoor air quality research program provisions shall be construed to: (1) authorize the Administrator to carry out any regulatory program or activity; or (2) limit the authority of the Administrator or any other Federal agency or instrumentality under any other authority of law. Authorizes appropriations for FY 1983 and 1984 to carry out the indoor air quality research program. Cold Weather Carbon Monoxide Emissions Study - Directs the Administrator to: (1) study the feasibility and benefits of requiring motor vehicle design modifications or engine adjustments, or both, to reduce emissions of carbon monoxide under cold weather conditions, while maintaining or improving vehicle performance and fuel economy; and (2) report to Congress the study's findings and recommendations within two years after enactment of this Act.
United States · United States Congress · 10 March 1983
Federalism Block Grant Highway Act of 1983 - Allows States to elect to receive block grants for FY 1984 through 1988 to participate in specified Federal-aid highway programs. Amends the Internal Revenue Code of 1954 to establish the Federalism Account in the Highway Trust Fund to make payments to eligible States. Sets forth terms and conditions under which States shall be entitled to such grants including written assurances, reporting requirements, financial and compliance audits, and discrimination prohibitions. Authorizes the Secretary of Transportation, when it is determined that any eligible State refuses compliance with provisions of this Act, to refer the matter to the Attorney General for appropriate civil action, withhold payments to such State, or take such other action as is provided by law. Makes conforming amendments to specified highway Acts. Title II: State Fiscal Assistance Block Grant Component - Requires that grants for the construction of treatment works for waste treatment management under the Federal Water Pollution Control Act be consolidated as a program under the State Fiscal Assistance Block Grant Act.
United States · United States Congress · 10 March 1983
Acid Deposition and Sulfur Loadings Reduction Act - Amends the Clean Air Act to establish a new program for acid deposition and sulfur loadings 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. Prohibits any increase in emissions of sulfur dioxide and nitrogen oxides from stationary sources in the acid deposition impact region over the total actual emissions of each pollutant in such region as of January 1, 1981. Prohibits any major stationary source in such region from increasing its actual rate of such emissions over that experienced by such source during 1980, unless there has been identified for such source an "offset" (a simultaneous net reduction in emissions of such pollutant at one or more points in such region which is in excess of the proposed increase in emission rate and which is not otherwise required by a State implementation plan or by requirements for sulfur dioxide reductions by States and major stationary sources. Requires that annual emissions of sulfur dioxide in the acid deposition impact region be reduced by 12,000,000 tons from the total 1980 level, through a phased reduction to be completed by January 1, 1998. Requires each State in such region to achieve reductions in annual sulfur dioxide emissions according to a formula based on each State's share of utility emissions in excess of a specified level in the region. Permits State Governors 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 of the Environmental Protection Agency to approve such measures within six months if such measures: (1) contain enforceable requirements for continuous emission reduction; (2) contain requirements for monitoring by the source and enforcement agencies to assure that emission limitations are being met; and (3) are adequate to achieve the reduction in sulfur dioxide emissions for such State within the time limit for the region. Requires each major stationary source subject to an emission limitation established under such State sulfur dioxide reduction requirements to notify the Governor by January 1, 1987, of its intended method of compliance. Directs the Governor to submit such notifications to the Administrator. Provides that such emission limitations, compliance schedules, and other approved measures shall be deemed State implementation plan requirements. Sets a January 1, 1989, deadline for compliance with State or major stationary source sulfur dioxide reduction emission limitations by each major stationary source that states it will comply through the use of fuel substitution. Requires that each major stationary source that states it will comply with such emission limitations through the installation of a technological system of continuous emission reduction or the replacement of existing facilities with new facilities with substantially lower emissions, to: (1) enter into binding contractual commitments to acquire, install, or construct such system or facilities, by January 1, 1989; and (2) be in compliance with such emission limitations, by January 1, 1998. Requires each State in the region to achieve by January 1, 1993, an emissions reduction equal to at least five-sixths of its total State sulfur dioxide requirement. Sets forth major stationary source sulfur dioxide reduction requirements in States in the region which have not adopted, and had approved by the Administrator, such enforceable measures. Requires the owner or operator of each fossil-fuel-burning electric generating facility which is not subject to new stationary source performance standards and which emitted at an annual rate equal to or greater than 1.2 pounds of sulfur dioxide per million Btu during 1980 to 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 three years after enactment of this Act. 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 the same deadlines as under provisions for State sulfur dioxide reduction requirements. Sets forth the methods or programs for net emission reduction which may be used, in addition to enforceable continuous emission measures, by a State or the owner or operator of a source, if emission limitations under such methods or programs are enforceable by the Federal Government, States other than those in which the emissions occur, and citizens under specified provisions. Requires that, by January 1, 2000, each major stationary source in any State in the region shall be subject to an emissions limit at least as stringent as that of the most stringent emission limitation contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable ("lowest achievable emissions rate"). Permits a State or the owner or operator of a source required to achieve emission reductions under this Act to substitute reduction in emissions of oxides of nitrogen for required reductions in emissions of sulfur dioxide, at a rate of two units by weight of oxides of nitrogen for each unit of sulfur dioxide.
United States · United States Congress · 9 March 1983
Joint Research and Development Ventures Act of 1983 - Allows U.S. firms to conduct cooperative research and development programs by establishing qualified joint research and development ventures which shall be exempt from the antitrust laws. Includes as a U.S. firm any entity controlled by foreign firms or citizens if their nation provides U.S. firms and citizens equivalent access to research and development efforts in that nation. States the requirements for qualified ventures, including: (1) the use of identical terms for the same levels of participation by firms; (2) the identification of each research and development program to be conducted, and the contributions required, for a firm's participation in each program; and (3) a finding by the Attorney General that the participation of any firm that accounts for a large specified percentage of worldwide industry sales of a product is critical to the program's success, is in the national interest, and will not directly affect future production of such product; and (4) the notification of the Attorney General of the formation of a venture, the parties to the venture, the programs to be conducted, the participants in the programs, and agreements under the venture. Limits a venture's activities to conducting one or more research and development programs (including programs in which universities participate) which are projected to be completed within ten years after their inception. Declares that a participant in a venture shall not be subject to restrictions on its own research and development activities or its exploitation of inventions resulting from the venture's findings. Vests authority for the management of a venture in a management board composed of one representative of each venture participant and at least three U.S. citizens representing nonparticipants. Directs each board to establish criteria for the selection of research and development programs, the admission or withdrawal of participants, and the licensing of venture technology. Specifies information to be considered by the board in establishing such criteria. Declares that the venture shall retain title to all inventions, patents, and know-how. Entitles any firm that is a participant in a program when an invention is discovered to irrevocable, nonexclusive, and equivalent licenses to all patents and know-how. Provides for rewarding participants according to the risks each assumed. Requires licenses to be made available to nonparticipant firms after the participants have held their licenses for three years. Directs the venture to collect any royalties on behalf of the participants. Permits the venture to retain part of the royalties as may be agreed to by the participants. Requires a venture to update its notice of formation annually if necessary. Grants qualified ventures, participants, and employees thereof immunity from Federal and State antitrust laws. Directs a court to award a defendant the costs of defending against a claim brought under the antitrust laws against a venture if the venture meets the requirements of this Act or the alleged conduct does not violate antitrust laws. Provides for the investigation of ventures by the Attorney General. Directs the Attorney General to: (1) notify a venture of the actions, if any, it must take to meet the requirements of this Act; and (2) commence a court action to dissolve a venture that fails to take such actions. Permits an aggrieved party to appeal an adverse court determination. Exempts from disclosure under the Freedom of Information Act any information generated under such investigation or court action. Declares that a determination by the Attorney General, the district court, or the court of appeals shall not be admissible as evidence in an administrative or judicial proceeding in support of any claim under the antitrust laws.
United States · United States Congress · 8 March 1983
Public Investment/Jobs Act of 1983 - Title I: Public Capital Investment - Public Capital Investment Act of 1983 - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to make grants to any State for the purpose of the construction or rehabilitation of public capital investment projects. Authorizes any State to submit to the Secretary an application for a public investment grant under this Act. Sets forth the requirements for such applications. Requires the Secretary to approve such applications upon finding that the State has met the necessary requirements. Directs that such States shall receive annual grants under this Act, provided that the Secretary does not find that such State has failed to maintain its program substantially as originally proposed. Requires the Secretary to withdraw approval of the grant where the Secretary finds such a failure in maintaining its original program. Authorizes the use of grant funds by a State for use as loans to local governments for the purpose of public capital investment. Authorizes the use of grant funds by two or more States for the construction and rehabilitation of public capital investments of a regional character. Sets forth the method for allocating funds under this Act to the individual States. States the procedures for the return of grant funds if either an application is not received or an application is not approved. Requires Federal agencies to expeditiously review and act on any permit necessary for the repair or rehabilitation of any public capital investment undertaken by a non- Federal public body. Requires the Secretary to develop and publish criteria and information on techniques for establishing inventories of existing and needed capital improvements. Requires the Secretary to allocate a specified amount to support research and development activities to augment the cost-effectiveness of national public capital investments. Requires the Secretary to report annually to Congress concerning the disbursement of funds under this title and the use of those funds by participating States. Amends the Clean Water Act to authorize States to use certain funds allotted to them for revolving loans or grants for the construction of waste water treatment works. Requires repayments of such loans to be paid to the States. Authorizes appropriations for this title for FY 1985 through 1994. Declares that the authorities for this title shall terminate on October 1, 1994. Title II: Economic Stabilization and Job Creation - Economic Stabilization and Job Creation Act of 1983 - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to make a grant for a portion of the cost of a project for public capital investment or development facility usage, upon a determination that the project: (1) will improve the opportunities in the project area for the location of job creation facilities; (2) will assist in creating long-term employment opportunities; (3) will fulfill a pressing need of the area for which the grant is being sought; and (4) is part of a local investment strategy on file with the Secretary for the area. Allows such grants to be given to States, economic districts, local governments, and Indian tribes. Establishes the Federal share for such projects. Authorizes appropriations for such projects for FY 1984 through 1988. States the eligibility requirements for a grant under this title. Authorizes the Secretary to provide technical assistance to alleviate or prevent excessive unemployment or underemployment in certain areas. Authorizes appropriations for FY 1984 through 1988 to allow the Secretary to provide such assistance. Authorizes the Secretary to make a grant to certain governmental entities (including Indian tribes), paying up to 80 per cent of the cost for economic development planning. Describes the planning assisted under this section. Requires such development plans to be submitted to the Secretary and updated periodically. Authorizes appropriations for such planning for FY 1984 through 1988. Title III: Standby Public Investment - Standby Public Investment Act of 1983 - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to provide technical and planning assistance to States, local government, and Indian tribes for the development of long-range plans and programs for the construction, rehabilitation, and repair of public capital investment projects. Authorizes such entities to submit an application for a grant and to receive assistance upon a satisfactory showing of the deterioration of its public capital investment. Requires such grants to be used to develop an investment plan coordinating future investment with economic development and the creation of jobs (as well as the activities under titles I and II of this Act). Authorizes appropriations to the Secretary to carry out such grants for FY 1984 through 1988. Establishes in the Treasury a Counter-Cyclical Trust Fund, with a balance not to exceed $2,000,000,000. Authorizes appropriations for immediate transfer to the Fund. Requires the Secretary to use Fund moneys to fulfill the purposes of this title. Authorizes the Secretary to make grants for the repair, rehabilitation, or construction of public capital investments upon the application of any State, local government, or Indian tribe. Prohibits any such grants from exceeding 75 percent of the cost of projects under this section. Lists eligible public investment projects under this title. Requires eligible projects to be contained in a State developed investment plan and to have designs, specifications, and engineering acceptable to the Secretary. States eligibility requirements for such projects, including certain economic and unemployment problems. Authorizes the Secretary to accept applications for such projects upon a determination that the Index of Total Industrial Production has declined for three consecutive months. Makes funds available under this title when the Secretary makes a certain determination concerning high civilian unemployment. Title IV: Historic Sites - Historic Sites Development and Jobs Act of 1983 - Authorizes appropriations to the Secretary of the Interior to be allocated among the States in a specified manner for historic preservation. Lists projects eligible for funding under this title. States certain eligibility requirements. Requires States to give priority to certain types of projects under this title. Sets forth authorized uses for funds provided under this title. Requires State Historical Preservation Officers to have sole discretion to select eligible projects under this section. Authorizes appropriations to the Secretary for transfer, with certain restrictions, to the National Trust for Historic Preservation. Requires the Secretary to allocate funds authorized under this title within 30 days of their receipt and to monitor implementation of this program. Requires the Secretary to study, monitor, and review this program and to make recommendations to the President and the Congress as to the future authorization for this program. Sets forth conditions for any State to be eligible to receive funds under this title. Requires participating States to encourage review and comment from elected public officials in the area of a proposed project under this title. Requires the Advisory Council on Historic Preservation to provide for an expedited comment process for such projects. Title V: Youth Employment - Establishes a community conservation and improvement program and a Young Adult Conservation Corps. Requires the Secretary of Health and Human Services to allocate funds among the States in a specified manner. Requires a certain percentage of such funds to be available for projects: (1) within States, Guam, Virgin Islands, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; and (2) for Native American and migrant and seasonal farm worker families. Part A: Youth Conservation and Improvement Projects - Authorizes the Secretary to enter into agreements with eligible applicants to pay the costs of youth employment for community improvement projects. Requires the Secretary to approve agreements with eligible project applicants to pay the costs of youth employment and appropriate supervisory personnel. Requires the Secretary to approve agreements with eligible project applicants, giving priority to summer months projects. Requires project applicants to submit funding applications according to specified procedures and requirements. Requires eligible applicants to submit a proposed agreement, together with an application, to the Secretary describing specified aspects of the proposed project. Authorizes the Secretary to individually approve or deny such applications. Prohibits making funds available to any project applicant except pursuant to an agreement between the Secretary and the applicant providing certain assurances. Sets forth the required wage rates for projects under this program. Part B: Young Adult Conservation Corp - Establishes a Young Adult Conservation Corps to be administered by the Secretaries of Agriculture and Interior. Authorizes the Secretaries to enter into interagency agreements with the Secretaries of Labor, Education, and Health and Human Services under which the Secretaries of Agriculture and Interior shall have responsibility for the management of each Corps center. Requires the Secretaries of Agriculture and Interior to select enrollees of the Corps. States the membership requirements of the Corps. Requires the Secretaries to obtain referrals of candidates for the Corps from certain entities. Requires preference to be given to youths residing in areas having substantial unemployment. States the maximum term of enrollment in the Corps as 24 months. Requires the Secretaries to encourage summer enrollment in the Corps whenever practical. Requires the Secretaries to determine the location of Corps centers. Requires the Corps to perform certain work projects. Requires the Secretaries to assure that Corps projects are performed in a manner consistent with Federal law. Requires the Secretaries to place Corps members into jobs which will diminish the backlog of relatively labor intensive projects. Sets forth certain guidelines for the work projects to be performed. Authorizes the Secretaries to provide transportation, lodging, subsistence, medical treatment, and other necessary services, supplies, equipment, and facilities. Requires the use of unoccupied or underused Federal, State, and local government facilities and equipment (with the approval of the entity involved), whenever economically feasible. Requires the Secretaries (pursuant to an agreement with the Secretary of Education) to make arrangements with educational institutions and agencies for awarding academic credit for work experience. Sets forth the conditions of employment in the Corps. Requires the Secretary of Labor to establish standards for: (1) rates of pay; (2) hours and conditions of employment; and (3) working and living conditions. Prohibits Corps members from performing work involving possible pesticide or herbicide exposure as determined by the Secretary of Labor. Authorizes the Secretaries of Agriculture and Interior to make grants or enter into agreements with States, local governments, public agencies or organizations, or certain private nonprofit agencies or organizations for the conduct of any State or local component of the Corps or for any lands or waters project. Sets forth eligibility requirements for such grants or agreements. Requires that the Corps be open to youths from all parts of the country of both sexes and of all social, economic, and racial classifications. Part C - General Provisions - Authorizes appropriations for FY 1984 and thereafter. Directs that earnings received by Corps members be disregarded in determining the eligibility of youth's family for, and the amount of, any benefits based on need under any Federal or federally assisted programs. Sets forth administrative provisions for this title. Requires the Secretary of Health and Human Services to submit an annual report to Congress on the activities assisted or conducted under the Youth Employment program. Requires the Secretaries of Agriculture and Interior to submit an annual report to Congress concerning the activities assisted or conducted under the Young Adult Conservation Corps program. Title VI: General Provisions - Sets forth certain definitions. Lists the authorized powers of the Secretary of the Army, acting through the Chief of Engineers, in carrying out titles I, II, and III of this Act. Requires the Secretary to make a comprehensive annual report to Congress of the operations under this Act. Requires recipients of grants under such titles to keep certain records and to transmit biannual reports to the Secretary. Requires that the Secretary and Comptroller General have access to all books and records of any recipient, subrecipient, contractor, or subcontractor that are pertinent to assistance under such titles.
United States · United States Congress · 3 March 1983
Dam Safety Act of 1983 - Amends Federal law to revise the national dam inspection program. Exempts dams located in States with an approved dam safety program from the Secretary of the Army's national inspection program. Authorizes the Secretary to enter and inspect a damsite at reasonable times. Authorizes appropriations to carry out such Act through FY 1987. Sets forth the formula for distributing such funds among the States. Directs the Secretary to: (1) provide assistance to States maintaining approved dam safety programs; and (2) review periodically the implementation and effectiveness of such programs. Specifies the standards such programs must meet. Directs the Secretary to provide guarantees to insurers in order to enable dam owners, in States with approved dam safety programs, to obtain liability insurance at reasonable rates. Authorizes appropriations to provide such guarantees. Requires the Secretary, with the Secretary of the Treasury, to report to Congress with an analysis of the effects of such guarantees, together with any recommendations for a more comprehensive dam safety insurance program. Authorizes appropriations for a revolving fund to be used for loans to dam owners making repairs or other safety improvements on such dams. Establishes a Federal Dam Safety Review Board to be responsible for reviewing dam safety procedures and monitoring State implementation of this Act. Requires the head of any U.S. agency that owns or operates a dam, when requested, to consult with the State in which the dam is located on the design and safety of such dam and to allow such State officials to participate with agency officials in dam safety inspections. Directs the Secretary to: (1) provide training for the State dam safety inspectors; and (2) develop, with the National Bureau of Standards, improved dam inspection techniques. Requires that dam construction proposals submitted to specified congressional committees contain information concerning dam failures and preventive measures that may be taken.
United States · United States Congress · 3 March 1983
New England Regional Power Planning and Distribution Act of 1983 - Title I: Establishment of Authority - Establishes within the Department of Energy a New England Regional Power Planning Authority. Requires the Regional Authority to report annually to Congress on its operations. Title II: Regional Planning - Directs the Regional Authority to prepare, adopt, and publish a regional energy service plan for the New England Region (Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut) which shall include: (1) an energy power demand forecast for the Region; (2) a forecast of the additional power resources necessary to meet the projected demand; (3) a system for determining priorities among the alternative resources available to meet the projected demand; (4) an analysis of the reserve and reliability requirements affecting electric power use and availability in the Region; and (5) rate guidelines for the sale of power by the Regional Authority. Requires that public hearings be held in each affected State within the Region before the adoption of, or any subsequent amendment to, such plan. Title III: Purchase and Sale of Gas or Electric Power - Authorizes the Regional Authority to purchase for resale gas or electric power generated from imported hydroelectric facilities located in Canada or from utilities or power authorities in the United States. Authorizes the Regional Authority to enter into long-term contracts to purchase power from new hydroelectric capacity in Canada and to make funds available to assist in the construction of such facilities. Requires the adoption of both the regional energy service plan and a treaty between the United States and Canada with respect to the purchase by the Regional Authority of gas or electric energy generated in Canada before the Regional Authority can acquire such power. Provides that international energy purchases in place as of the enactment of this Act shall be reviewed by the Regional Authority as part of the regional energy development plan and a treaty adopted between the United States and Canada protecting existing contracts. Authorizes the Regional Authority to sell such power to electric utilities for resale within the Region. Directs the Regional Authority to establish and revise rates for the sale of such power. Makes such rates effective only upon approval by the Federal Energy Regulatory Commission based on findings that such rates will cover specified expenses. Requires public notice of and public hearings on proposed rates. Title IV: Financing Authority - Establishes in the U.S. Treasury a New England Power Fund, and authorizes the Regional Authority to issue and sell to the Secretary of the Treasury bonds to cover the financial needs of the Regional Authority. Title V: General Provisions - Declares that nothing in this Act shall preempt State or local authority with respect to electric energy generation, the purchase or sale of electric energy, or electric utilities. Requires complete accounts of all operations of the Regional Authority. Requires the General Accounting Office (GAO) to review and recommend alternative financing options for the Regional Authority, in addition to the bond options. Title VI: Regional Power Planning and Regulation Study - Directs GAO to conduct a study on the economic impact of Federal legislation: (1) allowing multi-State agreements not subject to congressional approval for regional power planning and regional regulation and authorizing State development of energy services; and (2) increasing regional electric regulatory authority and reducing the authority of the Federal Energy Regulatory Commission (FERC) by shifting FERC jurisdiction over intrastate and interstate wholesale transactions to individual States or regional regulatory bodies.
United States · United States Congress · 3 March 1983
Amends the Foreign Assistance Act of 1961 to provide that American military assistance may not be provided to El Salvador unless the President, after consulting with Congress, transmits to Congress a report stating that: (1) El Salvador has engaged in negotiations with all concerned parties to end the conflict there; or (2) El Salvador cannot proceed with such negotiations because specified parties are not willing to participate in the negotiation process. Provides that any unobligated funds allocated pursuant to this Act shall be: (1) used for development assistance projects in El Salvador; (2) used for aid for persons displaced by the strife; or (3) deposited in the U.S. Treasury. Permits the introduction of U.S. forces into EL Salvador to evacuate U.S. citizens or if there is a clear and present danger of attack upon the United States.
United States · United States Congress · 2 March 1983
Improved Standards for Laboratory Animals Act - Amends the Animal Welfare Act to revise the humane standards for animals transported in commerce. Requires each research facility to establish an institutional animal studies committee with sufficient expertise to assess the appropriateness of animal care and treatment in experimental research. Requires the committee at each facility to: (1) meet regularly, with a quorum needed for all formal actions; (2) make inspections at least semiannually of animal study areas and facilities; (3) review and evaluate the research methods involving direct use of conscious animals and the condition of research animals in order to ensure compliance with humane standards and to minimize pain and distress; and (4) file with the Secretary of Agriculture and the appropriate Federal agency a certification that such inspections have occurred (includes in such certification a report of any violations of standards). Requires the committee to notify, in writing, the Animal and Plant Health Inspection Service of the Department of Agriculture and any appropriate Federal agency of unacceptable conditions of animal care, treatment, or methodology not included in the certification. Directs the committee to provide for annual sessions for scientists, animal technicians, and other qualified personnel to provide instruction or training in humane standards for laboratory animals. Prohibits discrimination against research facility employees for reporting violations of this Act. Authorizes the Secretary to waive certain standards under exceptional circumstances. Directs the Secretary to establish an information service at the National Agricultural Library to provide information on improved methods of animal experimentation, including: (1) reducing or replacing animal use; (2) minimizing pain and distress; and (3) preventing unnecessary duplication of animal experimentation. Requires a research facility to provide a statement of assurance of compliance with humane standards to the Secretary and the appropriate Federal agency before requesting a Federal award for animal research, experimentation, or testing. Sets forth terms and conditions under which the agency may approve or suspend such award.
United States · United States Congress · 1 March 1983
Small Communities Water Resources Assistance Act of 1983 - Directs the Secretary of the Army, through the Chief of Engineers, to undertake a research program and to assist communities in controlling river ice. Authorizes the Secretary to acquire and loan ice control equipment to local governments. Directs the Secretary to survey the potential of and provide technical assistance for rehabilitating former industrial sites and millraces for use in developing hydroelectric facilities, at the request of local officials. Directs the Secretary to provide technical assistance to any person or agency in controlling streambank erosion. Authorizes the Secretary to provide interest-free loans to groups, agencies, or individuals to control such erosion. Authorizes appropriations to carry out the provisions of this Act. Modifies the Waterbury Dam project, Vermont, to require the Secretary to undertake any major rehabilitation of such project.
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
Prohibits federally assisted rental housing projects for the elderly and handicapped from forbidding tenants to have pets or discriminating against persons having pets. Permits a project authority to require the removal of a pet that constitutes a threat to the health or safety of project occupants or other persons in the community.
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 · 24 February 1983
Neighborhood Development Demonstration Act of 1983 - Directs the Secretary of Housing and Urban Development to conduct a three-year demonstration program to determine the feasibility of supporting neighborhood development activities by providing Federal matching funds to certain nonprofit neighborhood development organizations on the basis of monetary support from the private sector. Limits the amount of grants that may be multiyear awards. Directs the Secretary to use a competitive process in selecting program participants. Requires that a selected participant: (1) demonstrate measurable achievements in certain neighborhood development activities; (2) specify a plan for accomplishing one or more of such activities; and (3) specify a strategy for achieving long term private sector support. Directs the Secretary to establish a Neighborhood Development Advisory Council to evaluate the applicants and recommend selections. Requires the Secretary to: (1) assign each participating organization a program year during which time voluntary private contributions shall be eligible for matching funds; and (2) establish a ratio of between two and ten Federal dollars matched for each dollar privately contributed, which the Secretary shall pay to each organization at the end of each three-month period of the organization's program year. Limits the maximum amount the Secretary may pay to any organization for a year to $50,000. Requires the Secretary to insure that: (1) assistance may be provided under this Act only if the local government of the neighborhood to be assisted certifies that such assistance is consistent with such government's objectives; and (2) eligible neighborhood development activities comply with the Civil Rights Act of 1964. Directs the Secretary to report to Congress on the activities carried out under this Act and any findings or recommendations concerning the demonstration program. Authorizes appropriations.
United States · United States Congress · 24 February 1983
United States Olympic Checkoff Act of 1983 - Amends the Internal Revenue Code to allow taxpayers to designate on their income tax returns a contribution of one dollar of their income tax refunds or any cash amount voluntarily forwarded with their returns to support the U.S. Olympic Trust Fund. Establishes in the Treasury a U.S. Olympic Trust Fund (trust fund). Appropriates to such trust fund an amount equal to the amount designated on tax returns. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee. Allows specified administrative expenses to be paid from such trust fund.
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 · 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
Former Presidents Facilities and Services Reform Act of 1983 - Title I: Presidential Libraries - Directs the Administrator of General Services, in consultation with the Archivist of the United States and the Commissioner of the Public Buildings Service, to promulgate architectural and design standards for Presidential archival depositories. Authorizes the Administrator to accept, as private gifts or pursuant to agreements with State or local governments, institutes, or foundations, only such land, buildings, and equipment as are necessary to establish one depository in one building of a specified size for each President or former President. Requires the Administrator to submit a prospectus for each proposed depository to specified congressional committees. Prohibits the Administrator from accepting a gift or entering into an agreement to establish a depository if: (1) such committees adopt a resolution disapproving such prospectus within a specified period; or (2) the land, buildings, and equipment do not meet the architectural and design standards, unless Congress adopts a concurrent resolution approving the establishment of such depository regardless of noncompliance with such standards. Establishes similar restrictions governing changes to a depository. Requires the President, while holding office, to dispose of his or her Presidential records which have no administrative, historical, informational, or evidentiary value after obtaining the views of the Archivist of the United States concerning such disposal, unless the Archivist notifies the President that the Archivist intends to request advice from certain congressional committees. Title II: Former Presidents - Changes the amount of the annual allowance to which the spouse of a deceased former President is entitled from $20,000 to two-thirds of the allowance to which a former President is entitled. Repeals the requirement that the spouse must waive the right to any other Government annuity or pension to qualify for such allowance. Terminates the allowance when the spouse remarries, at any age. Authorizes the Administrator to provide to each former President, upon request: (1) one office; (2) compensation, without an aggregate ceiling, for members of an office staff who shall be subject to certain provisions of civil service laws; (3) payment for the travel and subsistence allowances for specified office employees; (4) communications services; and (5) printing and binding expenses. Allows any Federal employee to be detailed to the office staff of a former President with the consent of the employee's agency head. Authorizes the Administrator to provide a former Vice President with necessary services and facilities for concluding his or her office affairs which are similar to the services and facilities provided to a former President under this title. Prohibits the use of funds provided for necessary services and facilities of a former President or Vice President for partisan political activities or income generating activities. Permits a former President to use such funds to prepare his or her memoirs if the former President signs an agreement providing that the Public Printer will print and distribute such memoirs. Prohibits the expenditure of such funds for a former President any time beyond 90 days after the former President dies. Requires each former President to submit to Congress an annual report concerning activities carried out with the assistance of such funds. Authorizes appropriations to carry out the provisions of this title concerning the services and facilities to be provided for former Presidents and Vice Presidents. Repeals specified provisions of the Presidential Transition Act of 1963. Title III: Protection of Former Presidents, Former Vice Presidents, and Their Families - Prohibits the United States Secret Service from protecting a former President, former Vice President, or the spouse, widow, widower, or minor child of a former President, except as authorized under this title. Authorizes the Secret Service to protect: (1) a former President for eight years after the individual becomes a former President; (2) the spouse or minor child of a former President to the extent that such protection is incidental to the protection of the former President; and (3) the widow or widower of a former President for six months after the former President dies. Permits the Secretary of the Treasury to reinstate the Secret Service protection of a former President for one year and of a spouse or minor child for six months after the original protection has been terminated upon finding that a serious threat warranting such protection exists. Authorizes additional extensions of such periods of protection upon the individual's written request and with the approval of an existing advisory committee established to determine whether protection should be furnished to certain presidential or vice presidential candidates. Establishes the Advisory Panel on Secret Service Protection to review requests for extended protection and to make recommendations on such requests to such advisory committee. Permits the Secretary to authorize Secret Service protection for a former Vice President for a period beginning on the last day of the individual's term and ending on the last day of the fiscal year in which the term expires, upon the former Vice President's written request, and upon finding that a threat exists which warrants such protection.
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 · 23 February 1983
Emergency Services Improvement Act of 1983 - Amends the Federal Property and Administrative Services Act of 1949 to require the Secretary of Defense to allocate surplus personal property of the Department of Defense, which is usable and necessary for civil defense or educational purposes, to the Administrator of General Services for transfer to appropriate State agencies. Requires the Secretary to confer with the Director of the Federal Emergency Management Agency when determining which property is usable for civil defense or educational purposes. Requires the Director to review the available property continuously and to notify the Secretary upon identifying property appropriate for civil defense. Directs the Director to notify Congress whenever the Secretary has refused to accept the Director's recommendation concerning the allocation of such property. Amends the Federal Civil Defense Act of 1950 to require the Administrator to: (1) notify the Director whenever an agency other than the Department of Defense informs the Administrator that it has excess property; (2) consult with the Director concerning the suitability of such property for civil defense purposes; and (3) transfer suitable property to the appropriate State agency for distribution to the civil defense organizations identified by the Director. Requires the Director to notify Congress whenever the Administrator has refused to accept the Director's recommendations to transfer any such property.
United States · United States Congress · 17 February 1983
Environmental Programs Assistance Act of 1983 - Directs the Administrator of the Environmental Protection Agency (Administrator) to develop a program, through grants or contracts, designed to assist Federal, State, and local environmental agencies in carrying out projects of pollution prevention, abatement, and control. Provides that such program may include projects such as: (1) air monitoring and emission testing; (2) pesticides inventory and control; (3) water quality and supply sampling and monitoring; (4) technical libraries and public information projects; (5) carcinogenic surveys and followup; (6) hazardous materials routing surveys; (7) health screening in rural areas and among migrant workers; and (8) noise abatement and control. Directs the Administrator to: (1) submit to Congress, within 180 days after enactment of this Act a report identifying projects which serve the purpose of the program; (2) consult with representatives of State and local environmental agencies concerning ways to implement this Act; and (3) utilize the talents of older Americans available for project participation and consult with the Secretary of Labor and the Administrator of the Administration on Aging to ensure coordination with similar projects under the Older Americans Act of 1965 or the Job Training Partnership Act. Authorizes the Administrator to make grants to and cooperative agreements with, public and private institutions and individuals to carry out the program under this Act. Prohibits the Administrator from making any grants to, or agreements with, any State or local environmental agency for any activities which would take the job of any agency employee or impair any existing contract for services. Authorizes appropriations to the Administrator for FY 1983 through 1986 to carry out the administrative provisions of this Act. Provides that environmentally related programs described under this Act shall be eligible for funding made available through title V of the Older Americans Act of 1965 and and title IV of the Job Training Partnership Act.
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 · 16 February 1983
Imitation Controlled Substances Act of 1983 - Amends the Federal Food, Drug, and Cosmetic Act to make it unlawful to manufacture, advertise, distribute, or possess a drug which is an imitation of a controlled substance. Excludes professional or research uses from such prohibition. Establishes criminal penalties for violation of this Act.
United States · United States Congress · 16 February 1983
Prohibits the delivery by mail of: (1) drug abuse oriented advertisements; or (2) imitation controlled substances shipped in response to such advertisements. Provides an exemption from such prohibition with respect to such a substance: (1) used under the Federal Food, Drug, and Cosmetic Act for research or as a placebo in the professional practice of a registered practitioner; or (2) mailed in connection with an application for approval under such Act.
United States · United States Congress · 15 February 1983
Disability Amendments of 1983 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the termination of disability benefits on the grounds that the physical or mental impairment on which such benefits were based has ceased, did not exist, or is no longer disabling, unless the Secretary of Health and Human Services finds that the individual is significantly more able to engage in substantial gainful activity than at the time of the most recent decision that the individual was disabled. Exempts certain cases from the prohibition against termination of benefits, including cases where there is a finding of fraud. Directs the Secretary, in determining whether a person is disabled, to consider all evidence available in the person's case record and to develop a complete medical history of at least the preceding year. Requires that a preliminary disability decision by a State agency, or the Secretary, which is unfavorable to the disability benefit applicant contain a statement of the case with a discussion of the evidence, the basis for such decision, the right of the applicant to a review of the decision, and the right to submit additional medical evidence prior to such review. Requires the statement to be sent to the individual. Entitles the applicant or the applicant's spouse, former spouse, surviving spouse, surviving divorced mother, child or parent to a review of the preliminary decision (including the right to make a personal appearance and submit additional medical evidence), upon a showing that his or her rights may be prejudiced by such decision and upon timely request. Sets forth the procedural requirements for a review of a preliminary disability decision. Provides that a preliminary disability decision may be affirmed, modified, or reversed on the basis of the review. Authorizes the State agency which made the initial disability determination to make any new disability determination required during review of the case after notification to the Secretary and in accordance with the rules governing such determinations. Requires that a decision by the Secretary after review which is unfavorable to the individual requesting the review contain a statement of the case which shall be sent to the individual. Requires the statement to contain a discussion of the evidence, the reasons for the decision, the right of the individual to a hearing, and the right to submit additional medical evidence before the hearing. Requires that individuals requesting a review be informed of the requirements under this Act and of their right to representation at the review. Provides for reasonable notice and opportunity for a hearing for disability benefit applicants who show that their rights may be prejudiced by a decision after review. Provides that the hearing decision may affirm, modify, or reverse the Secretary's findings of fact and the decision after review. Requires the Secretary to prescribe a period of time after hearing decisions during which the Secretary, upon his or her own motion or at the request of the individual who requested the hearing, may review the hearing decision and affirm, modify, or reverse it. Makes such a review the final review of the decision. Provides that the decision shall be considered final if it is not so reviewed. Requires the Secretary to notify the individual involved with respect to a case where the Secretary initiates a review. Provides that an application for disability benefits filed before the first month in which the applicant satisfies the requirements for such benefits shall be considered valid only if: (1) the applicant satisfies such requirements before the Secretary makes a final decision on the application and no request for review has been made; or (2) the applicant satisfies such requirements before a decision on review is made in any case where review is requested. Requires that hearings on disability decisions after review be conducted on the record. Subjects such hearings to Federal law governing administrative hearings. Requires the Secretary to appoint administrative law judges to conduct such hearings. Entitles any individual who is dissatisfied with the final hearing decision to judicial review of that decision. Entitles an individual who shows that his or her rights may be prejudiced by a determination with respect to his or her continuing eligibility for disability benefits to the same type of review and hearing as is permitted in the case of an initial disability determination. Repeals the provision of title II covering suspension of benefits based on disability. Repeals the current provision covering reconsiderations of terminations of disability benefits. Specifies the cases with respect to which State agencies may make new disability determinations for purposes of review under this Act. Permits an individual who has been found to be no longer eligible for disability benefits, and who has requested a hearing on such determination, to elect to have the payment of such benefits continued during the period of appeal. Provides that if the decision upon appeal affirms the determination that the individual is not entitled to such benefits, any benefits paid pursuant to such election shall be considered overpayments. Requires the Secretary to provide uniform standards which shall be applied at all levels of disability determinations. Provides that except in certain cases, if an individual has been found to be no longer eligible for disability benefits, the termination month for such benefits shall be the month in which: (1) a decision affirming such benefit termination has been made after review of the preliminary decision to this Act; or (2) the time for requesting such a review has expired. Sets forth evidentiary requirements with respect to disability determinations. Requires the Secretary, if a U.S. Court of Appeals issues an opinion requiring the Department of Health and Human Services to apply a provision of the Social Security Act in a manner different from the manner in which such provision is generally carried out, to request review of the decision by the Supreme Court or to acquiesce in such decision with respect to all beneficiaries.
United States · United States Congress · 3 February 1983
Public Buildings Act of 1983 - Title I: General Authorities - Declares that the Administrator of General Services (GSA), acting through the Public Buildings Service, shall have sole authority to acquire, design, construct, lease, manage, maintain, repair, renovate, and assign and reassign space in buildings and sites. Establishes within GSA a Public Buildings Service (Service) to be headed by a Commissioner of Public Buildings. Creates the position of supervising architect to supervise all design activities of the Service. Revokes delegations of Service authority, delegated by the Administrator prior to the enactment of this Act. Authorizes the Administrator to delegate to the head of another Federal agency all or part of his or her authority under this Act with respect to the public building need of that agency. Requires the Administrator to submit an annual report to Congress. Requires the Administrator to collect and maintain information necessary to keep the Congress informed of the conduct of the Service and to manage Service activities. Sets forth the information the Administrator is required to make available. Directs the Administrator to require certification from either the owner of space to be leased or the contractor, before executing any lease or contract obligating more than $10,000 authorized under this Act. Makes any owner or contractor who fails to complete such certification ineligible to receive such lease or contract award. Sets forth certification requirements. Requires the Administrator to include in the annual report to Congress the name of each principal owner of leased blocks of space exceeding 50,000 square feet. Establishes procedures for keeping Congress and specified congressional committees informed of the policies and activities of the GSA within the purview of this Act. States that the Administrator shall be responsible for the interpretation of all contracts entered into to carry out this Act and for the approval of materials, workmanship and services supplied under such contracts. Authorizes the Administrator to conduct research and post-occupancy evaluation to determine and improve the effectiveness of existing and planned public buildings. Title II: Locations for Federal Agency Offices - Requires the headquarters offices of each department and major executive establishment to be located in the National Capital region. Provides location requirements for regional, district, area, local and other Federal agency offices. Establishes factors the Administrator shall take into account in locating Federal agency offices. Authorizes the consolidation of Federal agency offices in a locality to the extent justified by the need for immediate physical proximity and by anticipated cost savings. Authorizes the head of a Federal agency to appeal the decision of the Administrator to the Director of the Office of Management and Budget where such head determines that the location assigned to any office of fifty or more employees of that agency would be deleterious to the efficient accomplishment of the office's responsibilities. Establishes appeal procedures. Directs that noncompliance with this Act shall not be construed to require relocation. Requires any action to locate or relocate any Federal agency be taken in accordance with this Act. Title III: Design and Management of Public Buildings - Requires the Administrator to design and maintain public buildings in a specified architectural manner. Requires the Administrator to design and construct public buildings to approximate the costs, durability, and ratio of net usable space to gross space of commercial buildings that serve similar purposes. Requires the Administrator to explain any excess over such commercial building standards in any authorization for appropriation requests. Requires the Administrator to use higher standards of quality for the design and construction of public buildings expected to attract significant public use in any locality that serves as a center of its geographical area, or as a headquarters building for any Federal agency. Directs the Administrator to assure specified requirements in the design, acquisition, renovation, and management of public buildings. Requires the Administrator to provide sheltered and secure bicycle parking locations and equipment for new public buildings, and similar facilities at existing and leased public buildings where bicycle use warrants the expense. Requires public buildings to be maintained at a high level of appearance, cleanliness, and mechanical and structural fitness for specified reasons and to preserve historic, architectural, or cultural values. Provides that nothing in this Act shall affect the applicability of the provisions of the Architectural Barriers Act of 1968. Amends the Architectural Barriers Act of 1968 to include buildings acquired by the United States under the coverage of such Act. Requires that buildings subject to such Act be fully accessible to physically handicapped persons. Requires that any contract for the design, construction, or alteration of any public building include standards necessary to insure whenever possible, that such buildings are fully accessible to physically handicapped persons. Requires the head of the agency concerned to: (1) submit standards assuring compliance with the minimum requirements of the Architectural Barriers Act of 1968 to the Architectural and Transportation Barriers Compliance Board; and (2) prescribe regulations to assure conformity with such standards. Authorizes the Administrator, upon the request of local and State officials, to name a public building after, and establish a memorial therein in honor of, any person who has made notable contributions to government, science, industry, education, the arts, or other fields of human endeavor. Prohibits naming any public building for a sitting Member of Congress or for a former Member who holds any elective public office. Limits the amount of money the Administrator can spend for such memorial. Title IV: Mixed Use and Adaptive Use in Public Buildings - Public Buildings Cooperative Use Act Amendments of 1983 - Amends the Public Buildings Cooperative Use Act of 1976 to direct the Administrator to design, construct, and lease out space for commercial, cultural, educational, and recreational activities. Sets forth conditions for space so leased. Repeals provisions requiring the Administrator to: (1) identify existing buildings of historic, architectural, or cultural significance suitable for meeting Federal public buildings needs; and (2) notify Congress of the use or nonuse of such buildings. Title V: Exhibitions and Works of Art - Federal Buildings Enhancement Act of 1983 - Directs the Administrator to: (1) acquire works of art by living American artists to be exhibited in Federal buildings; (2) develop exhibitions for Federal buildings that reflect the heritage or development of the United States; and (3) commission works of art by American artists for Federal buildings. Sets forth standards for such works of art and exhibitions. Requires the Administrator to avoid the development of an official style in architecture or art. Authorizes the Administrator to use one-half of one percent of the sums available for the construction, repair, and acquisition of public buildings for such purposes and one-twentieth of one percent of the sums available for the lease of buildings for such purposes. Title VI: Architectural Services - Directs the Administrator to employ architects, designers, and urban planners to prepare, under the supervision of the Supervising Architect, plans for such public building projects as the Commissioner of Public Buildings may designate. Requires those architectural designs not prepared in accordance with the above to be procured in accordance with the Federal Property and Administrative Services Act of 1949 and requires a design competition between at least three qualified architectural firms, with respect to a substantial portion of the public building construction and renovation projects each year. Directs the Administrator to make public the reasons for the selection made. Requires that firms participating in such competition receive no more than one-half of one percent of the expected project costs. Title VII: Leasing - Requires the Administrator to provide long term comparisons of costs and benefits of construction, acquisition and leasing in recommending public building projects. Specifies that within the next ten years at least 80 percent of Federal employees shall have their principal offices in public buildings, with such percentage being maintained uniformly throughout the country. Prohibits the Administrator from contracting for the construction of any building other than one Government-owned, except under specified circumstances. Prohibits leasing space for specified Federal functions unless necessary to meet immediate and urgent requirements. Exempts buildings leased pursuant to this Act from provisions requiring money consideration and limiting the amount of rent. Prohibits rental rates from exceeding current commercial rates for space or nearest comparable quality. Requires the Administrator to publicly solicit competitive bids to procure space by lease for the Government. Directs the Administrator to provide a copy of the lease agreement to the highest ranking official of each Federal agency in leased buildings. Title VIII: Congressional Authorization - Directs the Administrator to submit annually to Congress a program of necessary projects and actions for the coming fiscal year. Directs the Administrator: (1) to certify that public hearings have been held or the opportunity for such hearings was afforded for each major project in such report; and (2) to provide a final environmental impact statement for such projects. Prohibits the obligation of any appropriation for a public building without congressional authorization. Requires appropriations for the cost of completion of any public building or the total cost of a lease, before construction may commence or a lease, entered. Establishes procedures for the authorization of appropriations for Public Buildings Service. Requires that ten percent of the funds made available to the Service for construction, renovation, alteration, and repair of public buildings be available for unanticipated changes or emergency repairs and requires the submission of an explanatory statement on such changes to specified congressional committees before such funds may be obligated. Authorizes the Administrator to increase expenditures or decrease the amount of space to be constructed, up to specified limits, if the project costs exceed the estimated maximum cost authorized. Directs the Administrator to report to specified congressional committees. Requires congressional approval of any other action. Title IX: Miscellaneous - Makes this Act effective October 1, 1983.
United States · United States Congress · 3 February 1983
Equal Access to Voting Rights Act - Directs the Attorney General to promulgate guidelines to assure that registration and polling place facilities used for Federal elections are readily accessible to handicapped and elderly individuals. Sets forth minimum requirements for these guidelines. Requires States to make available registration and voting aids for handicapped and elderly individuals in Federal elections. Authorizes the Attorney General and aggrieved persons to bring actions in Federal court to enforce this Act.
United States · United States Congress · 3 February 1983
National Heritage Resource Act of 1983 - Amends the Internal Revenue Code to allow creators of artistic properties an income tax deduction for the current fair market value of literary, musical, or artistic compositions which they contribute to charitable organizations. Requires: (1) that the artistic property be created by the taxpayer at least one year prior to the time of such contribution; (2) that the fair market value of such property be appraised within one year of the date of contribution; and (3) that the donee of such property show that the use of the property will be related to the charitable purpose or function of his organization. Denies a fair market value deduction for contributions of any letter, memorandum or similar property produced by a Federal or State employee which arose out of the performance of such employee's official duties. Exempts such fair market value deduction from the application of the minimum tax.
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.
![Official portrait of Sen. Stafford, Robert T. [R-VT]](https://www.congress.gov/img/member/s000776_200.jpg)