text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/904

 98 STAT. 3276

42 USC 6962.

Effective date.

42 USC 6941. Ante, p. 3274. Ante, p. 3225.

PUBLIC LAW 98-616—NOV. 8, 1984

additional product categories (including tires) by October 1, 1985". (c) Section 6002(c)(l) of the Solid Waste Disposal Act is amended by inserting after "highest percentage of recovered materials practicable" the following: "(and in the case of paper, the highest percentage of the postconsumer recovered materials referred to in subsection (h)(1) practicable)". (d) Section 6002(g) of the Solid Waste Disposal Act is amended by(1) striking out "the policy expressed in" and substituting "the requirements of; and (2) by inserting before the period at the end thereof the following: ", and to, every two years beginning in 1984, report to the Congress on actions taken by Federal agencies and the progress made in the implementation of this section, including agency compliance with subsection (d)". (e) Section 6002(d)(l) of the Solid Waste Disposal /v. " is amended ^ by striking out "five years after the date of enactment o. '•his Act" and substituting "eighteen months after the date of enacti. nt of the Hazardous and Solid Waste Amendments of 1984". (f)(1) Section 4001 of the Solid Waste Disposal Act, as amended by section 301 of this Act, is further amended by inserting ", including those needs created by thorough implementation of section 6002(h)," after "adequate provision shall be given to the present and reasonably anticipated future needs". (2) Section 1006(b) of the Solid Waste Disposal Act is amended by adding the following new paragraph after paragraph (2) thereof (as added by section 102 of this Act): "(3) Notwithstanding any other provisions of law, in developing solid waste plans, it is the intention of this Act that in determining the size of a waste-to-energy facility, adequate provisions shall be given to the present and reasonably anticipated future needs, including those needs created by thorough implementation of section 6002(h), of the recycling and resource recovery interests within the area encompassed by the solid waste plan.". TECHNICAL AND CLERICAL AMENDMENTS

42 USC 6927.

42 USC 6915. 42 USC 6945. 42 USC 6948.

42 USC 6984.

SEC. 502. (a) Section 3007(b) of the Solid Waste Disposal Act is amended by inserting the following after the word "information": "(including records, reports, or information obtained by representatives of the Environmental Protection Agency)". ft)) Section 2006(1) of the Solid Waste Disposal Act is amended by striking out "detail" and substituting "detailed". (c) Section 4005(a) of the Solid Waste Disposal Act is amended by inserting a closing parenthetical mark before the period at the end thereof. (d) The second paragraph (2) in section 4008(d) of the Solid Waste Disposal Act is redesignated as paragraph (3). (e) Section 4008 of the Solid Waste Disposal Act is amended by redesignating the second subsection (f) (entitled "Assistance to Municipalities for Energy and Materials Conservation and Recovery Planning Activities") as subsection (g). (f) Section 8004(c) of the Solid Waste Disposal Act is amended by inserting "(1)" immediately after "C!OST SHARING.—".

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Page:United States Statutes at Large Volume 98 Part 3.djvu/905

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98 STAT. 3277

(g)(1) Section 3012 of the Solid Waste Disposal Act entitled "Re- 42 USC 6932, strictions on Recycled Oil," is renumbered as section 3014 and ^^^^ inserted after section 3013. (2) The item in the table of contents of such Act relating to 3012 of the Solid Waste Disposal Act and entitled "Restrictions on Recj^cled Oil," is renumbered as 3014 and inserted after the item relating to section 3013. (h) Subsection (b) of section 4003 of the Solid Waste Disposal Act, 42 USC 6943. entitled "Energy and Materials Conservation and Recovery Feaisibility Planning and Assistance" is redesignated as subsection (c) of such section 4003. TITLE VI—UNDERGROUND STORAGE TANKS UNDERGROUND STORAGE TANK REGULATION

SEC. 601. (a) The Solid Waste Disposal Act is amended by adding the following new subtitle after subtitle H: "Subtitle I—Regulation of Underground Storage Tanks "DEFINITIONS AND EXEMPTIONS

"SEC. 9001. For the purposes of this subtitle— "(1) The term 'underground storage tank' means any one or combination of tanks (including underground pipes conncjcted thereto) which is used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes connected thereto) is 10 per centum or more beneath the surface of the ground. Such term does not include any— "(A) farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes, "(B) tank used for storing heating oil for consumptive use on the premises where stored, "(C) septic tank, "(D) pipeline facility (including gathering lines) regulated under— "(i) the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et seq.), "(ii) the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001, et seq.), or "(iii) which is an intrastate pipeline facility regulated under State laws comparable to the provisions of law referred to in clause (i) or (ii) of this subparagraph, "(E) surface impoundment, pit, pond, or lagoon, "(F) storm water or waste water collection system, "(G) flow-through process tank, "(H) liquid trap or associated gathering lines directly related to oil or gas production and gathering operations, or "(I) storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor.

42 USC 6991.

Petroleum and petroleum P^"'^"'^'^-

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/906

 98 STAT. 3278

42 USC 9601. 42 USC 6921.

PUBLIC LAW 98-616—NOV. 8, 1984 The term 'underground storgige tank' shall not include any pipes connected to any tank which is described in subparagraphs (A) through (I). "(2) The term 'regulated substance' means— "(A) any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (but not including any substance regulated as a hazardous waste under subtitle C), and "(B) petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). "(3) The term 'owner' means— "(A) in the case of an underground storage tank in use on the date of enactment of the Hazardous and Solid Waste Amendments of 1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated sustances, and "(B) in the case of any underground storage tank in use before the date of enactment of the Hazardous and Solid Waste Amendments of 1984, but no longer in use on the date of enactment of such Amendments, any person who owned such tank immediately before the discontinuation of its use. "(4) The term 'operator' means any person in control of, or having responsibility for, the daily operation of the underground storage tank. "(5) The term 'release' means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into ground water, surface water or subsurface soils. "(6) The term 'person' has the same meaning as provided in section 1004(15), except that such term includes a consortium, a joint venture, and a commercial entity, and the United States Government. "(7) The term 'nonoperational storage tonk' means any underground storage tonk in which regulated substonces will not be deposited or from which regulated substonces will not be dispensed after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984. "NOTIFICATION

42 USC 6991a.

"SEC. 9002. (a) UNDERGROUND STORAGE TANKS.—(1) Within 18 months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, each owner of an underground storage tank shall notify the Stote or local agency or department designated pursuant to subsection (b)(1) of the existence of such tonk, specifying the age, size, type, location, and uses of such tank. "(2)(A) For each underground storage tonk token out of operation after January 1, 1974, the owner of such tonk shall, within eighteen months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, notify the Stote or local agency, or department designated pursuant to subsection (b)(1) of the existence of such tanks (unless the owner knows the tonk subsequently was removed from the ground). The owner of a tonk taken out of operation on or before January 1, 1974, shall not be required to notify the Stote or local agency under this subsection. "(B) Notice under subparagraph (A) shall specify, to the extent known to the owner—

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Page:United States Statutes at Large Volume 98 Part 3.djvu/907

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3279

"(i) the date the tank was taken out of operation, "(ii) the age of the tank on the date taken out of operation, "(iii) the size, type and location of the tank, and "(iv) the type and quantity of substances left stored in such tank on the date taken out of operation. "(3) Any owner which brings into use an underground storage tank after the initial notification period specified under paragraph (1), shall notify the designated State or local agency or department within thirty days of the existence of such tank, specifying the age, size, type, location and uses of such tank. "(4) Paragraphs (1) through (3) of this subsection shall not apply to tanks for which notice was given pursuant to section 103(c) of the Comprehensive Environmental Response, Compensation, and Liabil42 USC 9603. ity Act of 1980. "(5) Beginning thirty days after the Administrator prescribes the form of notice pursuant to subsection (b)(2) and for eighteen months thereafter, any person who deposits regulated substances in an underground storage tank shall reasonably notify the owner or operator of such tank of the owner's notification requirements pursuant to this subsection. "(6) Beginning thirty days after the Administrator issues new tank performance standards pursuant to section 9003(e) of this subtitle, any person who sells a tank intended to be used as an Infra. underground storage tank shall notify the purchaser of such tank of the owner's notification requirements pursuant to this subsection. "(b) AGENCY DESIGNATION.—(1) Within one hundred and eighty State and local days after the enactment of the Hazardous and Solid Waste Amend- governments. ments of 1984, the Governors of each State shall designate the appropriate State agency or department or local agencies or departments to receive the notifications under subsection (a)(1), (2), or (3). "(2) Within twelve months after the date of enactment of the Public Hazardous and Solid Waste Amendments of 1984, the Administra- information. tor, in consultation with State and local officials designated pursuant to subsection (b)(D, and after notice and opportunity for public comment, shall prescribe the form of the notice and the information to be included in the notifications under subsection (a)(1), (2), or (3). In prescribing the form of such notice, the Administrator shall take into account the effect on small businesses and other owners and operators. RELEASE DETECTION, PREVENTION, AND CORRECTION REGULATIONS

"SEC. 9003. (a) REGULATIONS.—The Administrator, after notice and 42 USC 6991b. opportunity for public comment, and at least three months before the effective dates specified in subsection (f), shall promulgate release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks, as may be necessary to protect human health and the environment. "(b) DISTINCTIONS IN REGULATIONS.—In promulgating regulations under this section, the Administrator may distinguish between types, classes, and ages of underground storage tanks. In making such distinctions, the Administrator may take into consideration factors, including, but not limited to: location of the tanks, soil and climate conditions, uses of the tanks, history of maintenance, age of the tanks, current industry recommended practices, national consensus codes, hydrogeology, water table, size of the tanks, quantity of regulated substances periodically deposited in or dispensed from

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/908

 98 STAT. 3280

Courts, U.S.

PUBLIC LAW 98-616—NOV. 8, 1984

the tank, the technical capability of the owners and operators, and the compatibility of the regulated substance and the materials of which the tank is fabricated. "(c) REQUIREMENTS.—The regulations promulgated pursuant to this section shall include, but need not be limited to, the following requirements respecting all underground storage tanks— "(1) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment; "(2) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing or comparable system; "(3) requirements for reporting of releases and corrective action taken in response to a release from an underground storage tank; "(4) requirements for taking corrective action in response to a releeise from an underground storage tank; and "(5) requirements for the closure of tanks to prevent future releases of regulated substances into the environment. "(d) FINANCIAL RESPONSIBILITY.—(1) As he deems necessary or desirable, the Administrator shall promulgate regulations containing requirements for maintaining evidence of financial responsibility as he deems necessary and desirable f'>r taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an underground storage-tank. "(2) Financial responsibility required by this subsection may be established in accordance with regulations promulgated by the Administrator by any one, or any combination, of the following: insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. In promulgating requirements under this subsection, the Administrator is authorized to specify policy or other contractual terms, conditions, or defenses which are necessary or are unacceptable in establishing such evidence of financial responsibility in order to effectuate the purposes of this subtitle. "(3) In any case where the owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the Federal Bankruptcy Code or where with reasonable diligence jurisdiction in any State court of the Federal Courts cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this subsection may be asserted directly against the guarantor providing such evidence of financial responsibility. In the case of any action pursuant to this paragraph such guarantor shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator. "(4) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this section. Nothing in this subsection shall be construed to limit any other State or Federal statutory, contractual or common law liability of a guarantor to its owner or operator including, but not limited to, the

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Page:United States Statutes at Large Volume 98 Part 3.djvu/909

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3281

liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed to diminish the liability of any person under section 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or other 42 USC 9607, applicable law. 9611. "(5) For the purpose of this subsection, the term 'guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this subsection. "(e) N E W TANK PERFORMANCE STANDARDS.—The Administrator

shall, not later than three months prior to the effective date specified in subsection (f), issue performance standards for underground storage tanks brought into use on or after the effective date of such standards. The performance standards for new underground storage tanks shall include, but need not be limited to, design, construction, installation, release detection, and compatibility standards. "(f) EFFECTIVE DATES.—(1) Regulations issued pursuant to subsection (c) and (d) of this section, and standards issued pursuant to subsection (e) of this section, for underground storage tanks containing regulated substances defined in section 9001(2)(B) (petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure) shall be effective not later than thirty months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984. "(2) Standards issued pursuant to subsection (e) of this section (entitled 'New Tank Performance Standards') for underground storage tanks containing regulated substances defined in section 9001(2)(A) shall be effective not later than thirty-six months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984. "(3) Regulations issued pursuant to subsection (c) of this section (entitled 'Requirements') and standards issued pursuant to subsection (d) of this section (entitled 'Financial Responsibility') for underground storage tanks containing regulated substances defined in section 9001(2)(A) shall be effective not later than forty-eight months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984. "(g) INTERIM PROHIBITION.—(1) Until the effective date of the standards promulgated by the Administrator under subsection (e) and after one hundred and eighty days after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, no person may install an underground storage tank for the purpose of storing regulated substances unless such tank (whether of single or double wall construction)— "(A) will prevent releases due to corrosion or structural failure for the operational life of the tank; "(B) is cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed in a manner to prevent the release or threatened release of any stored substance; and "(C) the material used in the construction or lining of the tank is compatible with the substance to be stored. "(2) Notwithstanding paragraph (1), if soil tests conducted in accordance with ASTM Standard G57-78, or another standard approved by the Administrator, show that soil resistivity in an installation location is 12,000 ohm/cm or more (unless a more stringent

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Page:United States Statutes at Large Volume 98 Part 3.djvu/910

 98 STAT. 3282

PUBLIC LAW 98-616—NOV. 8, 1984 standard is prescribed by the Administrator by rule), a storage tank without corrosion protection may be installed in that location during the period referred to in paragraph (1). "APPROVAL OF STATE PROGRAMS

42 USC 6991c.

"SEC. 9004. (a) ELEMENTS OF STATE PROGRAM.—Beginning 30 months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, any State may, submit an underground storage tamk release detection, prevention, and correction program for review and approval by the Administrator. The program may cover tanks used to store regulated substances referred to in 9001(2)(A) or (B) or both. A State program may be approved by the Administrator under this section only if the State demonstrates that the State prc^ram includes the following requirements and standards and provides for adequate enforcement of compliance with such requirements and standards— "(1) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment; "(2) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing system; "(3) requirements for reporting of any releases and corrective action taken in response to a release from an underground storage tank; "(4) requirements for taking corrective action in response to a release from an underground storage tank; "(5) requirements for the closure of tanks to prevent future releases of regulated substances into the environment; "(6) requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an underground storage tank; "(7) standards of performance for new underground storage tanks; and "(8) requirements— "(A) for notifying the appropriate State agency or department (or local agency or department) designated according to section 9002(b)(l) of the existence of any operational or non-operational underground storage tank; and "(B) for providing the information required on the form issued pursuant to section 9002(b)(2), "(b) FEDERAL STANDARDS.—(1) A State program submitted under this section may be approved only if the requirements under paragraphs (1) through (7) of subsection (a) are no less stringent than the corresponding requirements standards promulgated by the Administrator pursuant to section 9003(a). "(2)(A) A State program may be approved without regard to whether or not the requirements referred to in paragraphs (1), (2), (3), and (5) of subsection (a) are less stringent than the corresponding standards under section 9003(a) during the one-year period commencing on the date of promulgation of regulations under section

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Page:United States Statutes at Large Volume 98 Part 3.djvu/911

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3283

9003(a) if State regulatory action but no State legislative action is required in order to adopt a State program. "(B) If such State legislative action is required, the State program may be approved without regard to whether or not the requirements referred to in paragraphs (1), (2), (3), and (5) of subsection (a) are less stringent than the corresponding standards under section 9003(a) during the two-year period commencing on the date of promulgation of regulations under section 9003(a) (and during an additional oneyear period after such legislative action if regulations are required to be promulgated by the State pursuant to such legislative action). "(c) FINANCIAL RESPONSIBILITY.—(1) Corrective action and compensation programs financed by fees on tank owners and operators and administered by State or local agencies or departments may be submitted for approval under subsection (a)(6) as evidence of financial responsibility. "(2) Financial responsibility required by this subsection may be established in accordance with regulations promulgated by the Administrator by any one, or any combination, of the following: insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. In promulgating requirements under this subsection, the Administrator is authorized to specify policy or other contractual terms, conditions, or defenses which are necessary or are unacceptable in establishing such evidence of financial responsibility in order to effectuate the purposes of this subtitle. "(3) In any case where the owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the Federal Bankruptcy Code or where with reasonable diligence jurisdiction in any State court of the Federal courts cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this subsection may be asserted directly against the guarantor providing such evidence of financial responsibility. In the case of any action pursuant to this paragraph such guarantor shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator. "(4) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this section. Nothing in this subsection shall be construed to limit any other State or Federal statutory, contractual or common law liability of a guarantor to its owner or operator including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed to diminish the liability of any person under section 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or other applicable law. "(5) For the purpose of this subsection, the term 'guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this subsection. "(d) EPA DETERMINATION.—(1) Within one hundred and eighty days of the date of receipt of a proposed State program, the Administrator shall, after notice and opportunity for public comment, make

State and local governments.

Claims.

42 USC 9607,

9611.

Public information.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/912

 STAT. 3284

State and local governments.

PUBLIC LAW 98-616—NOV. 8, 1984

a determination whether the State's program complies with the provisions of this section and provides for adequate enforcement of compliance with the requirements and standards adopted pursuant to this section. "(2) If the Administrator determines that a State program complies with the provisions of this section and provides for adequate enforcement of compliance with the requirements and standards adopted pursuant to this section, he shall approve the State program in lieu of the Federal program and the State shall have primary enforcement responsibility with respect to requirements of its program. "(e) WITHDRAWAL OF AUTHORIZATION.—Whenever the Administrator determines after public hearing that a State is not administering and enforcing a program authorized under this subtitle in accordance with the provisions of this section, he shall so notify the State. If appropriate action is not taken within a reasonable time, not to exceed one hundred and twenty days after such notification, the Administrator shall withdraw approval of such program and reestablish the Federal program pursuant to this subtitle. "INSPECTIONS, MONITORING, AND TESTING

42 USC 699Id.

Records. Reports.

"Sec. 9005. (a) FURNISHING INFORMATION.—For the purposes of developing or assisting in the development of any regulation, conducting any study, or enforcing the provisions of this subtitle, any owner or operator of an underground storage tank (or any tank subject to study under section 9009 that is used for storing regulated substances) shall, upon request of any officer, employee or representative of the Environmental Protection Agency, duly designated by the Administrator, or upon request of any duly designated officer, employee, or representative of a State with an approved program, furnish information relating to such tanks, their associated equipment, their contents, conduct monitoring or testing, and permit such officer at all reasonable times to have access to, and to copy all records relating to such tanks. For the purposes of developing or assisting in the development of any regulation, conducting any study, or enforcing the provisions of this subtitle, such officers, employees, or representatives are authorized— "(1) to enter at reasonable times any establishment or other place where an underground storage tank is located; "(2) to inspect and obtain samples from any person of any regulated substances contained in such tank; and "(3) to conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water or ground water. Each such inspection shall be commenced and completed with reasonable promptness. "(b) CoNFiDENTiAUTY.—(1) Any records, reports, or information obtained from any persons under this section shall be available to the public, except that upon a showing satisfactory to the Administrator (or the State, as the case may be) by any person that records, reports, or information, or a particular part thereof, to which the Administrator (or the State, as the case may be) or any officer, employee, or representative thereof has access under this section if made public, would divulge information entitled to protection under section 1905 of title 18 of the United States Code, such information or particular portion thereof shall be considered confidential in

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Page:United States Statutes at Large Volume 98 Part 3.djvu/913

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98 STAT. 3285

accordance with the purposes of that section, except that such record, report, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act, or when relevent in any proceeding under this Act. "(2) Any person not subject to the provisions of section 1905 of title 18 of the United States Code who knowingly and willfully divulges or discloses any information entitled to protection under this subsection shall, upon conviction, be subject to a fine of not more than $5,000 or to imprisonment not to exceed one year, or both. "(3) In submitting data under this subtitle, a person required to provide such data may— "(A) designate the data which such person believes is entitled to protection under this subsection, and "(B) submit such designated data separately from other data submitted under this subtitle. A designation under this paragraph shall be made in writing and in such manner as the Administrator may prescribe. "(4) Notwithstanding any limitation contained in this section or any other provision of law, all information reported to, or otherwise obtained, by the Administrator (or any representative of the Administrator) under this Act shall be made available, upon written request of any duly authorized committee of the Congress, to such committee (including records, reports, or information obtained by representatives of the Evironmental Protection Agency).

Crimes and misdemeanors.

FEDERAL ENFORCEMENT "SEC. 9006. (a) COMPLIANCE ORDERS.—(1) Except as provided in paragraph (2), whenever on the basis of any information, the Administrator determines that any person is in violation of any requirement of this subtitle, the Administrator may issue an order requiring compliance within a reasonable specified time period or the Administrator may commence a civil action in the United States district court in which the violation occurred for appropriate relief, including a temporary or permanent injunction. "(2) In the case of a violation of any requirement of this subtitle where such violation occurs in a State with a program approved under section 9004, the Administrator shall give notice to the State in which such violation has occurred prior to issuing an order or commencing a civil action under this section. "(3) If a violator fails to comply with an order under this subsection within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000 for each day of continued noncompliance. "(b) PROCEDURE.—Any order issued under this section shall become final unless, no later than thirty days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. "(c) CONTENTS OF ORDER.—Any order issued under this section shall state with reasonable specificity the nature of the violation, specify a reasonable time for compliance, and assess a penalty, if

Crimes and misdemeanors. 42 USC 6991e.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/914

 98 STAT. 3286

Crimes and misdemeanors.

PUBLIC LAW 98-616—NOV. 8, 1984 any, which the Administrator determines is reasonable taking into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements. "(d) CIVIL PENALTIES.—(1) Any owner who knowingly fails to notify or submits false information pursuant to section 9002(a) shall be subject to a civil penalty not to exceed $10,000 for each tank for which notification is not given or false information is submitted. "(2) Any owner or operator of an underground storage tank who fails to comply with— "(A) any requirement or standard promulgated by the Administrator under section 9003; "(B) any requirement or standard of a State program approved pursuant to section 9004; or "(C) the provisions of section 9003(g) (entitled 'Interim Prohibition') shall be subject to a civil penalty not to exceed $10,000 for each tank for each day of violation. "FEDERAL FACILITIES

42 USC 699if.

President of U.S.

Report.

"SEC. 9007. (a) APPLICATION OF SUBTITLE.—Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction over any underground storage tank shall be subject to and comply with all Federal, State, interstate, and local requirements, applicable to such tank, both substantive and procedural, in the same manner, and to the same extent, as any other person is subject to such requirements, including payment of reasonable service charges. Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal court with respect to the enforcement of any such injunctive relief. "(b) PRESIDENTIAL EXEMPTION.—The President may exempt any underground storage tanks of any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the United States to do so. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriations. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods not to exceed one year upon the President's making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting each such exemption. " S T A T E AUTHORITY

42 USC 699ig.

"SEC. 9008. Nothing in this subtitle shall preclude or deny any right of any State or political subdivision thereof to adopt or enforce any regulation, requirement or standard of performance respecting underground storg^e tanks that is more stringent than a regulation, requirement, or standard of performance in effect under this subtitle.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/915

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3287

"STUDY OF UNDERGROUND STORAGE TANKS "SEC. 9009. (a) PETROLEUM TANKS.—Not later than twelve months study. after the date of enactment of the Hazardous and Solid Waste ^^ USC 699 ih. Amendments of 1984, the Administrator shall complete a study of underground storage tanks used for the storage of regulated substances defined in section 9001(2)(B). "(b) OTHER TANKS.—Not later than thirty-six months after the Study. date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall complete a study of all other underground storage tanks. "(c) ELEMENTS OF STUDIES.—The studies under subsections (a) and (b) shall include an assessment of the ages, types (including methods of manufacture, coatings, protection systems, the compatibility of the construction materials and the installation methods) and locations (including the climate of the locations) of such tanks; soil conditions, water tables, and the hydrogeology of tank locations; the relationship between the foregoing factors and the likelihood of releases from underground storage tanks; the effectiveness and costs of inventory systems, tank testing, and leak detection systems; and such other factors as the Administrator deems appropriate. "(d) FARM AND HEATING OIL TANKS.—Not later than thirty-six Study. months after the date of enactment of the Hazardous and SJolid Waste Amendments of 1984, the Administrator shall conduct a study regarding the tanks referred to in section 9001(1)(A) and (B). Such study shall include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. "(e) REPORTS.—Upon completion of the studies authorized by this section, the Administrator shall submit reports to the President and to the Congress containing the results of the studies and recommendations respecting whether or not such tanks should be subjec;t to the preceding provisions of this subtitle. "(f) REIMBURSEMENT.—(1) If any owner or operator (excepting an agency, department, or instrumentality of the United States Government, a State or a political subdivision thereof) shall incur costs, including the loss of business opportunity, due to the closure or interruption of operation of an underground storage tank solely for the purpose of conducting studies authorized by this section, the Administrator shall provide such person fair and equitable reimbursement for such costs. "(2) All claims for reimbursement shall be filed with the Administrator not later than ninety days after the closure or interruption which gives rise to the claim. "(3) Reimbursements made under this section shall be from funds appropriated by the Congress pursuant to the authorization contained in section 2007(g). Ante, p. 3223. "(4) For purposes of judicial review, a determination by the Administrator under this subsection shall be considered final agency action. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 9010. For authorization of appropriations to carry out this subtitle, see section 2007(g).".

42 USC 69911.

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(b) The table of contents of the Solid Waste Disposal Act is amended by inserting the following after the items relating to subtitle H: "Subtitle I—Regulation of Underground Storage Tanks "Sec. 9001. Definitions. "Sec. 9002. Notification. "Sec. 9003. Release detection, prevention, and correction regulations. "Sec. 9004. Approval of State programs. "Sec. 9005. Inspections, monitoring, and testing. "Sec. 9006. Federal enforcement. "Sec. 9007. Federal facilities. "Sec. 9008. State authority. "Sec. 9009. Study of underground storage tanks. "Sec. 9010. Authorization of appropriations.".

TITLE VII—OTHER PROVISIONS REPORT TO CONGRESS ON INJECTION OF HAZARDOUS WASTE

SEC. 701. (a) The Administrator, in cooperation with the States, shall compile and, not later than six months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, submit to the Committee on Environment and Public Works of the United States Senate and the Committee on Energy and Commerce of the United States House of Representatives, an inventory of all wells in the United States which inject hazardous wastes. The inventory shall include the following information: (1) the location and depth of each well; (2) engineering and construction details of each, including the thickness and composition of its casing, the width and content of the annulus, and pump pressure and capacity; (3) the hydrogeological characteristics of the overlying and underlying strata, as well as that into which the waste is injected; (4) the location and size of all drinking water aquifers penetrated by the well, or within a one-mile radius of the well or within two hundred feet below the well injection point; (5) the location, capacity, and population served by each well providing drinking or irrigation water which is within a fivemile radius of the injection well; (6) the nature and volume of the waste injected during the one-year period immediately preceding the date of the report; (7) the dates and nature of the inspections of the injection well conducted by independent third parties or agents of State, Federal, or local government; (8) the name and address of all owners and operators of the well and any disposal facility associated with it; (9) the identification of all wells at which enforcement actions have been initiated under this Act (by reason of well failure, operator error, ground water contamination or for other reasons) and an identification of the wastes involved in such enforcement actions; and (10) such other information as the Administrator may, in his discretion, deem necessary to define the scope and nature of hazardous waste disposal in the United States through underground injection.

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(b) In fulfilling the requirements of paragraphs (3) through (5) of subsection (a), the Administrator need only submit such information as can be obtained from currently existing State records and from site visits to at least twenty facilities containing wells which inject hazardous waste. (c) The States shall make available to the Administrator such information as he deems necessary to accomplish the objectives of this section. EXTENDING THE USEFUL LIFE OF SANITARY LANDFILLS

SEC. 702. Section 8002 of the Solid Waste Disposal Act is amended Ante, p. 3253. by adding the following new subsection after subsection (r) thereof: "(s) EXTENDING LANDFILL LIFE AND REUSING LANDFILLED AREAS.—

The Administrator shall conduct detailed, comprehensive studies of study. methods to extend the useful life of sanitary landfills and to better use sites in which filled or closed landfills are located. Such studies shall address— "(1) methods to reduce the volume of materials before placement in landfills; "(2) more efficient systems for depositing waste in landfills; "(3) methods to enhance the rate of decomposition of solid waste in landfills, in a safe and environmentally accepitable manner; "(4) methane production from closed landfill units; "(5) innovative uses of closed landfill sites, including use for energy production such as solar or wind energy and use for metals recovery; "(6) potential for use of sewage treatment sludge in reclaiming landfilled areas; and (7) methods to coordinate use of a landfill owned by one municipality by nearby municipalities, and to establish equitable rates for such use, taking into account the need to provide future landfill capacity to replace that so used. The Administrator is authorized to conduct demonstrations in the areas of study provided in this subsection. The Administrator shall Report. periodically report on the results of such studies, with the first such report not later than October 1, 1986, In carrying out this subsection, the Administrator need not duplicate other studies which have been completed and may rely upon information which has previously been compiled.". URANIUM MILL TAILINGS

SEC. 703. Nothing in the Hazardous and Solid Waste Amendments of 1984 shall be construed to affect, modify, or amend the Uranium Mill Tailings Radiation Control Act of 1978.

42 USC 6905 note. 42 USC 790i note.

NATIONAL GROUND WATER COMMISSION

SEC. 704. (a) There is established a commission to be known as the Establishment. National Ground Water Commission (hereinafter in this section referred to as the "Commission"). (b) The duties of the Commission are to: (1) Assess generally the amount, location, and quality of the Nation's ground water resources. (2) Identify generally the sources, extent, and types of ground water contamination.

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(3) Assess the scope and nature of the relationship between ground water contamination and ground water withdrawal and develop projections of available, usable ground water in future years on a nationwide basis. (4) Assess the relationship between surface water pollution and ground water pollution. (5) Assess the need for a policy to protect ground water from degradation caused by contamination. (6) Assess generally the extent of overdrafting of ground water resources, and the adequacy of existing mechanisms for preventing such overdrafting. (7) Assess generally the engineering and technological capability to recharge aquifers. (8) Assess the adequacy of the present understanding of ground water recharge zones and sole source aquifers and assess the adequacy of knowledge regarding the interrelationship of designated aquifers and recharge zones. (9) Assess the role of land-use patterns as these relate to protecting ground water from contamination. (10) Assess methods for remedial abatement of ground water contamination as well as the costs and benefits of cleaning up polluted ground water and compare cleanup costs to the costs of substitute water supply methods. (11) Investigate policies and actions taken by foreign governments to protect ground water from contamination. (12) Assess the use and effectiveness of existing interstate compacts to address ground water protection from contamination. (13) Analyze existing legal rights and remedies regarding contamination of ground water. (14) Assess the adequacy of existing standards for ground water quality under State and Federal law. (15) Assess monitoring methodologies of the States and the Federal Government to achieve the level of protection of the resource as required by State and Federal law. (16) Assess the relationship between ground water flow systems (and associated recharge areas) and the control of sources of contamination. (17) Assess the role of underground injection practices as a means of disposing of waste fluids while protecting ground water from contamination. (18) Assess methods for abatement and containment of ground water contamination and for aquifer restoration including the costs and benefits of alternatives to abatement and containment. (19) Assess State and Federal ground water law and mechanisms with which to manage the quality of the ground water resource. (20) Assess the adequacy of existing ground water research and determine future ground water research needs. (21) Assess the roles of State, local, and Federal Governments in managing ground water quality. (c)(l) The Commission shall be composed of nineteen members as follows: (A) six appointed by the Speaker of the United States House of Representatives from among the Members of the House of Representatives, two of whom shall be members of the Commit-

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tee on Energy and Commerce, two of whom shall be members of the Committee on Public Works and Transportation, and two of whom shall be members of the Committee on Interior and Insular Affairs; (B) four appointed by the majority leaders of the United States Senate from among the Members of the United States Senate; (C) eight appointed by the President as follows: (i) four from among a list of nominations submitted to the President by the National Governors Association, two of whom shall be representatives of ground water appropriation States and two of whom shall be representatives of ground water riparian States; (ii) one from among a list of nominations submitted to the President by the National League of Cities and the United States Conference of Mayors; (iii) one from among a list of nominations submitteKi to the President by the National Academy of Science; (iv) one from among a list of nominations submitted to the President by groups, organizations, or associations of industries the activities of which may affect ground water; and (v) one from among a list of nominations submitted to the President from groups, organizations, or associations of citizens which are representative of persons concerned with pollution and environmental issues and which have participated, at the State or Federal level, in studies, administrative proceedings, or litigation (or any combination thereof) relating to ground water; and (D) the Director of the Office of Technology Assessment. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Appointments may be made under this subsection without regard to section 5311(b) of title 5, United States Code. Not more than three of the six members appointed under subparagraph (A) and not more than two of the four members appointed under subparagraph (B) may be of the same political party. No member appointed under paragraph (C) may be an officer or employee of the Federal Government. (2) If any member of the Commission who was appointed to the Commission as a Member of the Congress leaves that office, or if any member of the Commission who was appointed from persons who are not officers or employees of any government becomes an officer or employee of a government, he may continue as a member of the Commission for not longer than the ninety-day period beginning on the date he leaves that office or becomes such an officer or employee, as the case may be. (3) Members shall be appointed for the life of the Commission (4)(A) Except as provided in subparagraph (B), members of the Commission shall each be entitled (subject to appropriations provided in advance) to receive the daily equivalent of the maximum annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including travel time) during which they are 5 USC 5332 engaged in the actued performance of duties vested in the Commis- note. sion. While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed inter-

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Report.

PUBLIC LAW 98-616—NOV. 8, 1984

mittently in Government service are allowed expenses under section 5703 of title 5 of the United States Code. (B) Members of the Commission who are Members of the Congress shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (5) Five members of the Commission shall constitute a quorum but two may hold hearings. (6) The Chairman of the Commission shall be appointed by the Speaker of the House of Representatives from among members appointed under paragraph (1)(A) of this subsection and the Vice Chairman of the Commission shall be appointed by the majority leader of the Senate from among members appointed under paragraph (1)(B) of this subsection. The Chairman and the Vice Chairman of the Commission shall serve for the life of the Commission unless they cease to be members of the Commission before the termination of the Commission. (7) The Commission shall meet at the call of the Chairman or a majority of its members. (d)(1) The Commission shall have a Director who shall be appointed by the Chairman, without regard to section 5311(b) of title 5, United States Code. (2) The Chairman may appoint and fix the pay of such additional personnel as the Chairman considers appropriate. (3) With the approval of the Commission, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code. (4) The Commission shall request, and the Chief of Engineers and the Director of the Geological Survey are each authorized to detail, on a reimbursable basis, any of the personnel of their respective agencies to the Commission to assist it in carrying out its duties under this section. Upon request of the Commission, the head of any other Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this section. (e)(1) The Commission may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (2) Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (5) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (fKD The Commission shall transmit to the President and to each House of the Congress a report not later than October 30, 1986. The report shall contain a detailed statement of the findings and conclusions of the Commission with respect to each item listed in subsec-

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tion (b), together with its recommendations for such legislation; and administrative actions, as it considers appropriate. (2) Not later than one year after the enactment of the Hazardous and Solid Waste Amendments of 1984, the Commission shall complete a preliminary study concerning ground water contamination from hazardous and other solid waste and submit to the President and to the Congress a report containing the findings and conclusions of such preliminary study. The study shall be continued thereafter, and final findings and conclusions shall be incorporated as a separate chapter in the report required under paragraph (1). The preliminary study shall include an analysis of the extent of ground water contamination caused by hazardous and other solid waste, the regions and major water supplies most significantly affected by such contamination, and any recommendations of the Commission for preventive or remedial measures to protect human health and the environment from the effects of such contamination. (g) The Commission shall cease to exist on January 1, 1987. (h) Nothing in this section and no recommendation of the Commission shall affect any rights to quantities of water established under State law, interstate compact, or Supreme Court decree. (i) There is authorized to be appropriated for the fiscal years 1985 through 1987 not to exceed $7,000,000 to carry out this section. Approved November 8, 1984.

LEGISLATIVE HISTORY—H.R. 2867: HOUSE REPORTS: No. 98-198, Pts. 1 and 2 (Comm. on Energy and Commerce), Ft. 3 (Comm. on the Judiciary) and No. 98-1133 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 129 (1983): Aug. 4, Oct. 6, 31, Nov. 3, considered and passed House. Vol. 130 (1984): July 25, considered and passed Senate, amended. Oct. 3, House agreed to conference report. Oct. 5, Senate agreed to conference report.

Study. Report.

Termination.

Appropriation authorization.

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PUBLIC LAW 98-617—NOV. 8, 1984

Public Law 98-617 98th Congress An Act Nov. 8, 1984 [H.R. 5386] Aged persons. Health. 42 USC 1395f.

Report.

Effective date. 42 USC 1395f note.

To amend part A of title XVIII of the Social Security Act with respect to the payment r a t ^ for routine home care and other services included in hospice care.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 1814(i)(l) of the Social Security Act (42 U.S.C. 1395(i)(l)) is amended— (1) by inserting "(A)" after "(i)(D", and (2) by adding at the end the following new subparagraphs: "(B) Notwithstanding subparagraph (A), the rate of payment per day for routine home care furnished during fiscal year 1985 shall be $53.17. "(C) With respect to care and services furnished on or after October 1, 1985, the Secretary shall, not less often than annually, review and make appropriate adjustments to the payment rate for routine home care and the payment rates for other services included in hospice care based on the costs that are reasonable and related to the costs of furnishing such care and services. The Secretary shall report to Congress on October 1 each year on such review and such adjustments and on the adequacy of the rates under this paragraph to ensure participation by an adequate number of hospice programs under this title.". (b) The amendments made by this Act shall apply to routine home care and other services included in hospice care furnished on or after October 1, 1984. PUBLIC PENSION OFFSET PROVISIONS

SEC. 2. (a)(l) Section 337(b) of the Social Security Amendments of 97 Stat. 131. 1983 is amended by striking out "to individuals who initially become 42 USC 402 note, eligible" and all that follows and inserting in lieu thereof "for months after June 1983.". Effective date. (2) The amendments made by this subsection shall apply to bene42 USC 402 note, fits payable under title II of the Social Security Act for months beginning after the month of enactment of this Act. (b)(1) Section 334(g)(l)(A) of the Social Security Amendments of 42 USC 402 note. 1977 is amended— (A) by inserting "(i)" after "(A)"; and (B) by inserting before the semicolon at the end thereof the following: ", or (ii) who would have been eligible for such a monthly periodic benefit (within the meaning of paragraph (2)) before the close of such 60-month period, except for a requirement which postponed eligibility (as so defined) for such monthly periodic benefit until the month following the month in which all other requirements were met". (2) Section 334(h)(l) of such Amendments (as amended by section 7 of Public Law 97-455) is amended— (A) by inserting "(A)" after "(1)"; and

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(B) by inserting before the semicolon at the end thereof the following: ", or (B) who would have been eligible for such a monthly periodic benefit (within the meaning of subsection (g)(2)) before the close of June 1983, except for a requirement which postponed eligibility (as so defined) for such monthly periodic benefit until the month following the month in which all other requirements were met". (3) The amendments made by this subsection shall apply with respect to benefits payable under title II of the Social Security Act for months beginning after the month of enactment of this Act.

Effective date. ^2 USC 402 note.

TECHNICAL AMENDMENTS

SEC. 3. (a)(1) Section 2307(a)(1) of the Deficit Reduction Act of 1984 is amended by striking out "1842(b)(7)(A)" and inserting in lieu thereof "1842(b)(7)". (2) Section 2326(a) of the Deficit Reduction Act of 1984 is amended by striking out "1816(a)(1)" and inserting in lieu thereof "1816(a)". (3) Section 2354(b)(1) of the Deficit Reduction Act of 1984 is amended by striking out "last sentence of sections 1814(a) and the last sentence of section 1835(a)" and inserting in lieu thereof "the third sentence of section 1814(a) and the fourth sentence of section 1835(a)". (4) Section 2354(b)(23) of the Deficit Reduction Act of 1984 is amended by striking out "1861(v)(l)(E)(ii)" and inserting in lieu thereof "1861(v)(l)(E)". (5) Section 2354(c)(3)(B)(i) of the Deficit Reduction Act of 1984 is amended by inserting "under" before "section". (6) Section 2363(b) of the Deficit Reduction Act of 1984 is amended by striking out "1903" and inserting in lieu thereof "1903(g)". (7) Section 2373(b) of the Deficit Reduction Act of 1984 is amended by striking out paragraph (6). (b)(1) Section 1814(k)(2) of the Social Security Act, as added by section 2321(a)(2) of the Deficit Reduction Act of 1984, is amended— (A) by inserting after "public home health agency" the following: ", or by another home health agency which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this paragraph),", and (B) by inserting "80 percent of" before "the amount". (2) Section 1833(a)(2)(A) of the Social Security Act is amended by inserting after "public provider of services" the following: ", or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this provision),". (3) Section 1833(h)(5)(C) of the Social Security Act, as amended by section 2303(d) of the Deficit Reduction Act of 1984, is amended by inserting a comma after "1842(b)(6)(B)". (4) Section 1839(f)(2)(A) of the Social Security Act, as added by section 2302(b) of the Deficit Reduction Act of 1984, is amended— (A) by striking out "for that January after the deduction" and inserting in lieu thereof "for that December after the deduction"; and (B) by striking out "for that November" and inserting in lieu thereof "for that December". (5) Section 1842(b)(7)(A) of the Social Security Act, as amended by section 2307 of the Deficit Reduction Act of 1984, is amended—

Ante, p. 1073. Ante, p. 1087. Ante, p. iioo.

Ante, p. 1105. Ante, p. ilii. Ante, p. 1084.

42 USC 1395/.

Ante, p. 1064. Ante, p. 1063.

Ante, p. 1073.

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Ante, p. 1073. Hospitals.

Ante, p. 1094.

Ante, p. 1086.

Ante, p. 1076.

Ante, p. 1109.

Effective date. 42 USC 1395f note. Ante, p. 494.

PUBLIC LAW 98-617—NOV. 8, 1984

(A) in clause (ii), by striking out "the amount of the payment exceeds the reasonable charge for the services (with the customary charge determined consistent with subparagraph (B))" and inserting in lieu thereof "the payment is based upon a reasonable charge for the services in excess of the customary charge as determined in accordance v^dth subparagraph (B)"; and (B) by striking out the last sentence thereof. (6) Section 1842(b)(7)(B) of such Act, as amended by section 2307 of the Deficit Reduction Act of 1984, is amended by adding at the end thereof the following new clause: "(iii) If all the teaching physicians in a hospital agree to have payment made for all of their physicians' services under this part furnished to patients in such hospital on the beisis of an assignment described in paragraph (3)(B)(ii) or under the procedure described in section 1870(f)(1), the customary charge for such services shall be equal to 90 percent of the prevailing charges paid for similar services in the same locality.". (7) Section 1861(r)(3) of the Social Security Act, as amended by section 2341 of the Deficit Reduction Act of 1984, is amended by striking out "under subsections (k) and (m) and sections 1814(a) and 1835" and inserting in lieu thereof "under subsections (k), (m), and (p)(1) of this section and sections 1814(a), 1832(a)(2)(F)(ii), and 1835". (8) Paragraph (11) of section 1881(b) of the Social Security Act, added by section 2323(c) of the Deficit Reduction Act of 1984, is amended by aligning its left mai^n flush so as to align its left margin with that of paragraph (10). (9) Section 1886(d)(5)(C)(i) of the Social Security Act, as amended by section 2311(a) of the Dieficit Reduction Act of 1984, is amended by striking out "30 days after the date of the enactment of this Act" and inserting in lieu thereof "August 17, 1984". (10) Section 1902(a)(26) of the Social Security Act, as amended by section 2368(b) of the Deficit Reduction Act of 1984, is amended by indenting subpar^aph (C) two additional ems to the right so as to align its left margin with the left margin of subparagraph (A) of that section. (c) The amendments made by this section shall be effective as if they had been originally included in the Deficit Reduction Act of 1984. FOSTER CARE PROVISIONS

42 USC 674.

SEC. 4. (a) Section 474(b) of the Social Security Act is amended— (1) in paragraphs (1), (2)(B), and (4)(B), by striking out "1981 through 1984" and inserting in lieu thereof "1981 through 1985"; (2) in paragraph (2)(A)— (A) by striking out "and" at the end of clause (iii), (B) by striking out the period at the end of clause (iv) and inserting in lieu thereof "; and", and (C) by adding after clause (iv) the following new clause: "(v) with respect to fiscal year 1985, only if the amount appropriated under section 420 for such fiscal year is equal to $266,000,000."; and (3) in paragraph (5)(A)— (A) by striking out "October 1, 1984" and inserting in lieu thereof "October 1, 1985", and

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(B) by striking out "fiscal year 1984" in clause (ii) and inserting in lieu thereof "each of fiscal years 1984 and 1985". (b) Section 474(c) of such Act is amended in paragraphs (1) and (2) by striking out "1981 through 1984" and inserting in lieu thereof "1981 through 1985". (c)(1) Section 102(a)(l) of the Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272) is amended by striking out "October 1, 1984" and inserting in lieu thereof "October 1, 1985". (2) Section 102(c) of such Act is amended by striking out "October 1, 1984" each place it appears and inserting in lieu thereof "October 1, 1985". Approved November 8, 1984.

LEGISLATIVE HISTORY—H.R. 5386: HOUSE REPORT No. 98-1100 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House. Oct. 11, considered and passed Senate, amended; House concurred in Senate amendments.

42 USC 674.

97 Stat. 803. 42 USC 672 97*stat 803 42 USC 672 note.

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PUBLIC LAW 98-618—NOV. 8, 1984

Public Law 98-618 98th Congress An Act Nov. 8, 1984 [H.R. 5399]

Intelligence Authorization Act for fiscal year 1985. Defense and national security.

To authorize appropriations for fiscal year 1985 for intelligence and intelligencerelated activities of the United States Government, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Intelligence Authorization Act for fiscal year 1985. TITLE I—INTELLIGENCE ACTIVITIES AUTHORIZATION OF APPROPRIATIONS

SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1985 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administration. CLASSIFIED SCHEDULE OF AUTHORIZATIONS

President of U.S.

SEC. 102. The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1985, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared by the Select Committee on Intelligence of the Senate, as amended by agreement of the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. That Amended Schedule of Authorizations, dated October 4, 1984, signed by the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate and the Chairman and Ranking Minority Member of the Permanent Select Committee on Intelligence of the House of Representatives, and on file at the offices of those committees, shall be made available to the Committees on Appropriations of the Senate and the House of Representatives, and to the President. The President shall provide for suitable distribution of the amended schedule, or of appropriate portions of the amended schedule, within the executive branch.

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CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF PROGRAM AUTHORIZATIONS

S E C 103. During fiscal year 1985, funds may not be made available for any intelligence or intelligence-related activity unless such funds have been specifically authorized for such activity or, in the case of funds appropriated for a different activity, unless the Director of Central Intelligence or the Secretary of Defense has notified the appropriate committees of Congress of the intent to make such funds available for such activity, except that, in no case may reprogramming or transfer authority be used by the Director of Central Intelligence or the Secretary of Defense unless for higher priority intelligence or intelligence-related activities, based on unforeseen requirements, than those for which funds were originally authorized, and in no case where the intelligence or intelligencerelated activity for which funds were requested has been denied by Congress. AUTHORIZATION OF APPROPRIATIONS FOR DESIGN AND CONSTRUCTION OF AN ADDITIONAL BUILDING AT THE CENTRAL INTELLIGENCE AGENCY HEADQUARTERS COMPOUND

S E C 104, Of the amounts authorized to be appropriated under section 101(1), there is authorized to be appropriated for fiscal year 1985 the sum of $104,500,000 for the design and construction of a new building at the Central Intelligence Agency headquarters compound. AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION

S E C 105. In addition to the amounts authorized to be appropriated under section 101(9), there is authorized to be appropriated for fiscal year 1985 the sum of $14,500,000 for the conduct of the activities of the Federal Bureau of Investigation to counter terrorism in the United States. PERSONNEL CEILING ADJUSTMENTS

S E C 106. The Director of Central Intelligence may authorize employment of civilian personnel in excess of the numbers authorized for the fiscal year 1985 under sections 102 and 202 of this Act when he determines that such action is necessary to the performance of important intelligence functions, except that such number may not, for any element of the Intelligence Community, exceed 2 per centum of the number of civilian personnel authorized under such sections for such element. The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever he exercises the authority granted by this section. TITLE II—INTELLIGENCE COMMUNITY STAFF AUTHORIZATION OF APPROPRIATIONS

S E C 201. There is authorized to be appropriated for the Intelligence Community Staff for fiscal year 1985 the sum of $20,800,000.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/928

 98 STAT. 3300

PUBLIC LAW 98-618—NOV. 8, 1984 AUTHORIZATION OF PERSONNEL END STRENGTH

SEC. 202. (a) The Intelligence Community Staff is authorized two hundred and thirty-two full-time personnel as of September 30, 1985. Such personnel of the Intelligence Community Staff may be permanent employees of the Intelligence Community Staff or personnel detailed from other elements of the United States Government. (b) During fiscal year 1985, personnel of the Intelligence Community Staff shall be selected so as to provide appropriate representation from elements of the United States Government engaged in intelligence and intelligence-related activities. (c) During fiscal year 1985, any officer or employee of the United States or a member of the Armed Forces who is detailed to the Intelligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY

SEC. 203. During fiscal year 1985, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-403n) in the same manner as activities and personnel of the Central Intelligence Agency. TITLE III—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM AUTHORIZATION OF APPROPRIATIONS

SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1985 the sum of $99,300,000. C E N T R A L INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM RULES AND REGULATIONS

SEC. 302. Section 201(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by striking "to become effective after approval by the chairman and ranking minority members of the Armed Services Committees of the House and Senate." and inserting in lieu thereof "to be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before they take effect.".

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Page:United States Statutes at Large Volume 98 Part 3.djvu/929

 PUBLIC LAW 98-618—NOV. 8, 1984

98 STAT. 3301

TITLE IV—ADMINISTRATIVE PROVISION RELATING TO THE CENTRAL INTELLIGENCE AGENCY PHYSICAL SECURITY OF CENTRAL INTELLIGENCE AGENCY FACILITIES

SEC. 401. The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end thereof the following new section: "SECURITY PERSONNEL AT AGENCY INSTALLATIONS

"SEC. 15. (a) The Director may authorize Agency personnel within the United States to perform the same functions as special policemen of the General Services Administration perform under the first section of the Act entitled 'An Act to authorize the Federal Works Administrator or officials of the Federal Works Agency duly authorized by him to appoint special policemen for duty upon Federal property under the jurisdiction of the Federal Works Agency, and for other purposes' (40 U.S.C. 318), with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers only within Agency installations, and the rules and regulations enforced by such personnel shall be rules and regulations promulgated by the Director. "(h) The Director is authorized to estabish penalties for violations of the rules or regulations promulgated by the Director under subsection (a) of this section. Such penalties shall not exceed those specified in the fourth section of the Act referred to in subsection (a) of this section (40 U.S.C. 318c). "(c) Agency personnel designated by the Director under subsection (a) of this section shall be clearly identifiable as United States Government security personnel while engaged in the performance of the functions to which subsection (a) of this section refers.".

50 USC 403o.

Penalties.

TITLE V—DEFENSE INTELLIGENCE AGENCY PERSONNEL MANAGEMENT IMPROVEMENTS CIVIUAN PERSONNEL MANAGEMENT

SEC. 501. (a) Chapter 83 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 1604. Civilian personnel management "(a) The Secretary of Defense may, without regard to the provisions of any other law relating to the number, classification, or compensation of employees— "(1) establish such positions for civilian officers and employees in the Defense Intelligence Agency as may be necessary to carry out the functions of such Agency; "(2) appoint individuals to such positions; and "(3) fix the compensation of such individuals for service in such positions. "(b) The Secretary of Defense shall, subject to subsection (c), fix the rates of basic pay for positions established under subsection (a) in relation to the rates of basic pay provided in the General Schedule under section 5332 of title 5 for positions subject to such Schedule which have corresponding levels of duties and responsibilities. Except in the case of an officer or employee of the Defense Intelligence Agency serving as a member of the Defense Intelligence

31-194 0 - 86 - 30: QL.3 Part3

lo use 1604.

Prohibition.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/930

 98 STAT. 3302

5 USC 5341.

Employment and unemployment.

PUBLIC LAW 98-618—NOV. 8, 1984

Senior Executive Service, no officer or employee of the Defense Intelligence Agency may be paid basic compensation at a rate in excess of the highest rate of basic pay contained in such General Schedule. "(c) The Secretary of Defense is authorized, consistent with section 5341 of title 5, to adopt such provisions of such title as provide for prevailing rate systems of basic pay and to apply such provisions to positions in or under which the Defense Intelligence Agency may employ individuals described by section 5342(a)(2)(A) of such title. "(d) In addition to the basic compensation payable under subsection (b), officers and employees of the Defense Intelligence Agency who are citizens or nationals of the United States and who are stationed outside the continental United States or in Alaska may be paid compensation, in accordance with regulations prescribed by the Secretary of Defense, not in excess of an allowance authorized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute. Such allowances shall be based on— "(1) living costs substantially higher than in the District of Columbia; "(2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or "(3) both of the factors described in paragraphs (1) and (2). "(e)(1) Notwithstanding any other provision of law, the Secretary of Defense may, during fiscal years 1985 and 1986, terminate the employment of any civilian officer or employee of the Defense Intelligence Agency whenever he considers that action to be in the interests of the United States and he determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such officer or employee cannot be invoked in a manner consistent with the national security. The decisions of the Secretary under this paragraph are final and may not be appealed or reviewed outside the Department of Defense. The Secretary of Defense shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever this termination authority is exercised. "(2) Any termination of employment under this subsection shall not affect the right of the officer or employee involved to seek or accept employment with any other department or agency of the United States if he is declared eligible for such employment by the Director of the Office of Personnel Management. "(3) The Secretary of Defense may delegate authority under this subsection only to the Deputy Secretary of Defense or the Director of the Defense Intelligence Agency or both. An action to terminate any civilian officer or employee by either such officer shall be appealable to the Secretary of Defense.". (b) The table of sections at the beginning of chapter 83 of title 10, United States Code, is amended by adding after the item relating to section 1603 the following new item: "1604. Civilian personnel management.". TECHNICAL AND CONFORMING AMENDMENTS

SEC. 502. (a) Section 5102(a)(1) of title 5, United States Code, is amended— (1) by striking out "or" at the end of clause (viii);

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 PUBLIC LAW 98-618—NOV. 8, 1984

98 STAT. 3303

(2) by inserting "or" at the end of clause (ix); and (3) by inserting after clause (ix) the following new clause: "(x) the Defense Intelligence Agency, Department of Defense;". (b) Section 5342(a)(1) of such title is amended— (1) by striking out "or" at the end of subparagraph (I); (2) by inserting "or" at the end of subparagraph (J); and (3) by inserting after subparagraph (J) the following new subparagraph: "(K) the Defense Intelligence Agency, Department of Defense;".

5 USC 5342.

TITLE VI—COUNTERINTELLIGENCE AND OFFICIAL REPRESENTATION POLICY TOWARD CERTAIN AGENTS OF FOREIGN GOVERNMENTS

SEC. 601. (a) It is the sense of the Congress that the numbers, status, privileges and immunities, travel, accommodations, and facilities within the United States of official representatives to the United States of any foreign government that engages in intelligence activities within the United States harmful to the national security of the United States should not exceed the respective numbers, status, privileges and immunities, travel accommodations, and facilities within such country of official representatives of the United States to such country. (b) Beginning one year after the date of enactment of this section. and at intervals of one year thereafter, the President shall prepare and transmit to the Committee on Foreign Relations and Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and Permanent Select Committee on Intelligence of the House of Representatives a report on the numbers, status, privileges and immunities, travel, accommodations, and facilities within the United States of official representatives to the United States of any foreign government that engages in intelligence activities within the United States harmful to the national security of the United States and the respective numbers, status, privileges and immunities, travel, accommodations, and facilities within such country of official representatives of the United States to such country, and any action which may have been taken with respect thereto. (c) Section 203 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4303) is amended — (1) in subsection (a) by striking out the fifth sentence; and (2) by amending subsection (b) to read as follows: "(b) There shall also be a Deputy Director of the Office of Foreign Missions. Either the Director or the Deputy Director of such Office shall be an individual who has served in the United States Foreign Service, while the other of the two shall be an individual who has served in the United States Intelligence Community.". (d) The amendments made by subsection (c) shall apply only with respect to any appointment of a Director or Deputy Director of the Office of Foreign Missions, as the case may be, after the date of enactment of this section.

22 USC 254c-i.

Report.

97 Stat. 1043.

22 USC 4303 note.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/932

 98 STAT. 3304

PUBLIC LAW 98-618—NOV. 8, 1984 TITLE VII—GENERAL PROVISIONS AUTHORITY FOR THE CONDUCT OF INTELLIGENCE ACTIVITIES

SEC. 701. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW

SEC. 702. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such benefits authorized by law. TITLE VIII—ACTIVITIES IN NICARAGUA MILITARY OR PARAMILITARY ACTIVITIES

97 Stat. 1473.

Ante, p. 1837.

SEC. 801. NO funds authorized to be appropriated by this Act or by the Intelligence Authorization Act for fiscal year 1984 (Public Law 98-215) may be obligated or expended for the purpose or which would have the effect of supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization, movement, or individual, except to the extent provided and under the terms and conditions specified by House Joint Resolution 648, making continuing appropriations for the fiscal year 1985, and for other purposes, as enacted. Approved November 8, 1984.

LEGISLATIVE HISTORY—H.R. 5399 (S. 2713): HOUSE REPORTS: No. 98-743, Pt. 1 (Permanent Select Comm. on Intelligence) and Ft. 2 (Comm. on Armed Services). SENATE REPORTS: No. 98-481 (Select Comm. on Intelligence) and No. 98-543 (Comm. on Foreign Relations), both accompanying S. 2713. CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 2, considered and passed House. Oct. 11, considered and passed Senate, amended, in lieu of S. 2713; House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 20, No. 45 (1984): Nov. 9, Presidential statement.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/933

 PUBLIC LAW 98-619—NOV. 8, 1984

Public Law 98-619 98th Congress

98 STAT. 3305

An Act

Making appropriations for the Departments of Labor, Health and Human Ser\'ices, and Education, and related agencies, for the fiscal year ending September 30, 1985, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 1985, and for other purposes, namely: TITLE I—DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION

Nov. 8, 1984 [H.R. 6028] Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1985. Department of Labor Appropriation Act, 1985.

PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $67,625,000, together with not to exceed $45,200,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. TRAINING AND EMPLOYMENT SERVICES

For expenses necessary to carry into effect the Job Training Partnership Act, including the purchase and hire of passenger 29 USC 1501 motor vehicles, th6 construction, alteration, and repair of buildings note. and other facilities, and the purchase of real property for training centers as authorized by the Job Training Partnership Act, $3,643,545,000 plus reimbursements, to be available for obligation for the period July 1, 1985, through June 30, 1986, including $2,000,000 for the National Commission for Employment Policy, including $3,000,000 for all activities conducted by and through the National Occupational Information Coordinating Committee under the Job Training Partnership Act, and including $10,000,000 for service delivery areas under section 101(a)(4)(A)(iii) of the Job Training Partnership Act in addition to amounts otherwise provided 29 USC 1511. under sections 202 and 251(b) of the Act: Provided, That no funds 29 USC 1602, from any other appropriation shall be used to provide meal services 1631. at or for Job Corps centers. For the summer youth employment and training program authorized by the Job Training Partnership Act, $100,000,000, in addition to amounts otherwise provided herein for these purposes, to be allocated to States so that each service delivery area receives, as nearly as possible, an amount equal to its prior year allocation for this program, to be available for obligation for the period July 1, 1984, through June 30, 1985. For activities authorized by sections 236, 237, and 238 of the Trade 19 USC Act of 1974, $26,000,000. 2296-2298.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/934

 98 STAT. 3306

PUBLIC LAW 98-619—NOV. 8, 1984 COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

42 USC 3056d.

To carry out the activities for national grants or contracts with public agencies and public or private nonprofit organizations under paragraph (1)(A) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $254,280,000. To carry out the activities for grants to States under paragraph (3) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $71,720,000. FEDERAL UNEMPLOYMENT BENEFITS A N D ALLOWANCES

92 Stat. 172. 19 USC 2291.

92 Stat. 179.

For payments during the current fiscal year of benefits and payments as authorized by title II of Public Law 95-250, as amended, of trade adjustment benefit payments and allowances, as provided by law (part I, subchapter B, chapter 2, title II of the Trade Act of 1974, as amended) $75,000,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current year: Provided, That amounts received or recovered pursuant to section 208(e) of Public Law 95-250 shall be available for payments. STATE UNEMPLOYMENT INSURANCE A N D EMPLOYMENT SERVICE OPERATIONS

For activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49-491-1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social Security Act, as amended (42 U.S.C. 502-504); necessary administrative expenses for carrying out 5 U.S.C. 8501-8523, and sections 19 USC 231-238 and 243-244, title II of the Trade Act of 1974, as amended; and 2316^^^^' ^^^^' ^® authorized by section 7c of the Act of June 6, 1933, as amended, 29 USC 49f. necessary administrative expenses under sections 101(a)(15)(H)(ii) 8 USC 1182. and 212(a)(14) of the Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.), and section 51 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 51), notwithstanding section 26 USC 51 note. 261(f)(2)(A) of the Economic Recovery Tax Act of 1981, as amended, $23,500,000, together with not to exceed $2,387,065,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which $777,398,000 shall be available for obligation for the period July 1, 1985, through June 30, 29 USC 49e. 1986, to fund activities under section 6 of the Act of June 6, 1933, as amended, including the cost of penalty mail made available to States in lieu of allotments for such purpose, and of which, not to exceed $3,767,000 which shall be available only for amortization payments to States which had independent retirement plans in their State Employment Service Agencies, and of which $263,817,000 shall be available only to the extent necessary to administer unemployment compensation laws to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State's basic allocation was based, which cannot be provided for by normal budgetary adjustments. 29USe49-49M.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/935

 PUBLIC LAW 98-619—NOV. 8, 1984

98 STAT. 3307

LABOR-MANAGEMENT SERVICES ADMINISTRATION SALARIES A N D EXPENSES

For necessary expenses for the Labor-Management Services Administration, $60,211,000. PENSION BENEFIT GUARANTY CORPORATION PENSION B E N E F I T GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation is authorized to make such expenditures, including financial assistance authorized by section 104 of Public Law 96-364, within limits of funds and borrowing 94 Stat. 1217. authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program through September 30, 1985, for such Corporation: Provided, That not to exceed $33,057,000 shall be available for administrative expenses of the Corporation. EMPLOYMENT STANDARDS ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $192,582,000, together with $397,000, which may be expended from the Special Fund in accordance with sections 39(c) and 44(j) of the Longshoremen's and Harbor Workers' Compensation Act.

33 USC 939. Ante, p. 1654

SPECIAL BENEFITS

For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title V, chapter 81 of the United States Code; continuation of benefits as provided for under the head "Civil- 5 USC 8101 et ian War Benefits" in the Federal Security Agency Appropriation ^^'?Act, 1947; the Employees' Compensation Commission Appropriation 61 Stat. 260. Act, 1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 58 Stat. 566^ U.S.C. App. 2012); and 50 per centum of the additional compensation (fsc app 2064 and benefits required by section 10(h) of the Longshoremen's and Harbor Workers' Compensation Act, as amended, $211,400,000, to- 33 USC 9io. gether with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to September 15 of the current year: Provided, That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through September 30, 1985. BLACK LUNG DISABILITY TRUST FUND

For payments from the Black Lung Disability Trust Fund, $949,244,000, of which $910,781,000 shall be available until September 30, 1986, for payment of all benefits and interest on advances under subsection (c)(2) of section 9501 of the Internal Revenue Code

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