Hazardous Substance Victims Compensation Act of 1983

Hazardous Substance Victims Compensation Act of 1983 - Title I: Victims Compensation - Amends the Solid Waste Disposal Act (also known as the Resource Conservation and Recovery Act) to provide compensation for injury, illness, or death resulting from exposure to certain hazardous substances.

Permits individuals who allege that they have sustained damages for which compensation is payable under this Act to file an application for such compensation with the Administrator of the Environmental Protection Agency.

Directs the Administrator to pay compensation to individuals who establish by a preponderance of the evidence that they have suffered physical injuries or illnesses which were caused by an exposure to a hazardous substance: (1) from a facility or site where it was stored, treated, or disposed of; or (2) during transportation to such a facility or site. Directs the Administrator to pay compensation to dependents of deceased individuals if such dependents establish to the satisfaction of the Administrator that the death of such deceased individual was caused by any such exposure.

Provides that compensation to individuals who have suffered a physical injury or illness shall consist of: (1) a payment or reimbursement for all medical costs incurred in connection with the physical injury, illness, or death concerned; and (2) an amount equal to two-thirds of the injured, ill, or deceased person's earnings which are lost by reason of the physical injury, illness, or death. Limits such compensation for loss of earnings to $2,000 per month. Provides that compensation to dependents shall be equal to such compensation for medical costs and loss of earnings, plus reasonable burial expenses. Directs the Administrator to: (1) promulgate rules regarding equitable allocation of compensation payable where there are two or more dependents; and (2) compute the amount of compensation to be awarded to any applicant and determine the method, terms, and time of payment.

Provides that payments made under this Act shall be charged against amounts available in funds established under this Act (i.e. the Victims Compensation Trust Fund or, where the Administrator determines that the exposure was attributable to a facility which had received a permit under hazardous waste management provisions of the Solid Waste Disposal Act, the Post-Closure Victims Trust Fund). Provides that claims against either of such funds which are in excess of the total money in the fund concerned shall become valid and shall be paid in the same manner as provided under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

Sets forth procedures for determination of claim payments. Directs the Administrator to: (1) use the procedures used by the Secretary of Health and Human Services in determining entitlement to disability insurance benefit payments; and (2) arrange with the Secretary to use the personnel and office of the Social Security Administration for administration and determination of claims filed under this Act. Sets forth provisions relating to presumption of causation. Sets forth factors relevant to the issues of causation. Sets forth requirements relating to medical tests, examinations, and other investigations, and to hearings with respect to such claims.

Requires that, whenever such a claims payment is made to an applicant, the United States be: (1) subrogated to the rights of such applicant under any other provisions of law (including provisions of this Act relating to the liability of certain persons) for the full amount of such payment; and (2) entitled to recover all administrative and adjudicative costs and attorneys fees incurred by the United States by reason of the applicant's claim. Directs the Attorney General to protect and enforce such rights of subrogation. Requires that amounts thus recovered by the United States be deposited in the funds established under this Act, as may be appropriate based on the source of the funds used to pay the claim involved.

Sets forth provisions for judicial review of final determinations made by the Administrator under this Act.

Sets forth provisions for recovery of an additional amount in a subsequent claim by an individual who establishes that an additional physical injury or illness: (1) was caused by such exposure; and (2) was not known to the individual at the time the prior claims application was made.

Prohibits entitlement to compensation in the case of any applicant who, by action or inaction, intentionally causes or contributes to the injury, illness, or death on which the claim is based. Sets forth conditions for such prohibition.

Makes the following persons liable, jointly and serverally and without regard for fault, for damages to individuals (or their dependents) caused by such individuals exposure to a hazardous substance: (1) the owner or operator of the facility or site at the time of or subsequent to the treatment, storage, or disposal of such substance; (2) the owner or possessor of such substance who arranged for disposal or treatment, or for transport for disposal or treatment; and (3) the transporter of such substances to a disposal or treatment facility or site. Sets forth conditions under which such persons are not liable for such damages.

Provides that the following damages due to personal injury, illness, or death shall be compensable: (1) medical expenses, rehabilitation costs, or burial expenses; (2) loss of income or profits or any impairment or loss of earning capacity; and (3) pain and suffering.

Prohibits the introduction of the results of proceedings brought for administrative compensation into such actions for damages. Permits the introduction of any relevant health effects document into evidence in such actions.

Grants jurisdiction over such causes of action to the appropriate U.S. district court.

Provides that nothing in this Act shall be construed to preempt, or otherwise affect, any State law regarding liability for damages in connection with hazardous substances.

Sets time limitations on applications for administrative compensation and on actions for damages under this Act. Prohibits retroactive liability under this Act. Sets forth requirements relating to collateral recovery under this Act and from specified other sources. Prohibits recovery of any amount under this Act for any injury, illness, or death for which any compensation is available under a State workers' compensation law.

Directs the Administrator to periodically prepare and, after notice and opportunity for comment, publish hazardous substance health effects documents.

Sets forth criminal penalties for false statements in any application or proceeding for administrative compensation under this Act.

Title II: Victims Compensation Fund - Amends the Internal Revenue Code to impose additional environmental taxes on petroleum and certain chemicals. Provides that such taxes shall be imposed until the earlier of: (1) September 30, 1990; or (2) the date on which the total amount received in the Victims Compensation Fund through such taxes and through specified other sources totals a specified amount.

Establishes the Victims Compensation Trust Fund in the U.S. Treasury. Appropriates to such fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the additional environmental taxes; and (2) the amounts recovered on behalf of such fund and penalties assessed under this Act. Authorizes appropriations to such fund for FY 1984 through 1990. Sets forth administrative provisions and requirements relating to expenditures from such fund.

Amends the Internal Revenue Code to impose an additional environmental tax on the receipt of hazardous waste at a qualified hazardous waste disposal facility. Provides that such tax shall apply to such receipt after September 30, 1983. Provides that, if, as of September 30 of any subsequent calendar year, the unobligated balance of the Post-Closure Victims Trust Fund exceeds a specified amount, such tax will not be imposed during the following calendar year.

Establishes the Post-Closure Victims Trust Fund in the U.S. Treasury. Sets forth administrative provisions and requirements for expenditures from such fund.