United States · United States Congress · 16 March 1983
Natural Gas Consumer Relief Act - Title I: Contracting and Marketing Practices - Amends the Natural Gas Policy Act of 1978 to declare a take-or-pay clause of a pipeline contract to be against public policy and unenforceable for a three-year period: (1) to the extent that it requires a pipeline to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the pipeline has contracted to take; or (2) if such clause does not entitle a pipeline which makes a payment under such clause to take delivery of the gas during the one year period beginning on the date of payments. Defines "take-or-pay clause" to mean any contract provision which requires payment for the minimum quantity of natural gas contracted for under the contract in the event the pipeline fails to take delivery. Permits a pipeline, in the case of a contract for the first sale of natural gas, to: (1) request the seller to renegotiate the contract; and (2) indicate that, if there is no renegotiation within 30 days of the request, the pipeline will exercise its market-out-option. Permits a pipeline exercising its market out option to refuse delivery without incurring an obligation to pay for any amount of natural gas contracted for if the pipeline in its sole discretion determines that it could not market the gas. Declares any indefinite price escalator clause applicable to the first sale of natural gas to be against public policy and unenforceable. Defines "indefinite price escalator clause" as any provision of any contract which provides for the establishment or adjustment of the price for natural gas delivered by reference to prices for natural gas, crude oil, or any other commodity. Prohibits a pipeline from passing through its costs if the Federal Energy Regulatory Commission (FERC) determines that the pipeline has failed to adopt practices minimizing amounts paid to purchase natural gas. Declares any minimum commodity beill requirement applicable to any sale of natural gas by any interstate or intrastate pipeline to be against public policy and unenforceable: (1) to the extent it requires the purchaser to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the purchaser has contracted to take; or (2) if such requirement does not entitle a purchaser who makes a payment under such requirement to take delivery of the natural gas involved subsequent to the date of payment provided under the requirement. Directs FERC to order an interstate pipeline, upon application by a producer of natural gas or by a purchaser of natural gas from a producer, to carry natural gas, for a just and reasonable consideration, between the producer and purchaser if FERC finds that: (1) the pipeline has available capacity; (2) no undue burden would be placed upon such pipeline by reason of the order; (3) construction of new facilities would not be required; and (4) the order would not impair the ability of the pipeline to render adequate service to its other customers. Directs FERC to complete a rulemaking proceeding to issue standards for interstate pipeline tariffs. Directs FERC to require, by rule, a first-sale purchaser of natural gas to file a copy of the contract with FERC. Title II: Wellhead Price Provisions - Revises ceiling price provisions for natural gas. Provides that the ceiling price for categories other than high-cost gas shall be the January 1982 ceiling price multiplied by the monthly equivalent of the modified price adjustment factor. Defines the "modified price adjustment factor" for any month as the lower of: (1) 75 percent of the quarterly percent change in the GNP implicit price deflator (as defined in the Natural Gas Policy Act of 1978); or (2) the percent change in the energy index, computed and published as an annual rate by the Department of Labor, for the most recent month for which such percent change has been so published at least eight days before the beginning of the month for which the modified price adjustment factor is being calculated. Provides that for high-cost gas the maximum lawful price for any first sale shall be 150 percent of the maximum lawful price for categories of gas other than high-cost gas. Provides for an adjusted ceiling price for wells drilled on or after January 1, 1982, and before enactment. Repeals provisions permitting increases in the ceiling price of certain categories of natural gas if just and reasonable. Provides, as a general rule, that the maximum lawful price applies with respect to the recovery of all costs and profits associated with production and first-sale delivery of marketable natural gas. Prohibits the importation of natural gas if the first sale price in the United States of the gas exceeds 150 percent of the maximum lawful price for domestically produced gas. Directs the President to submit to Congress a report on the status of negotiations with Canada regarding modification of the border price for natural gas imported from Canada. Extends price controls and standby authority for two years beyond their present expiration dates.
United States · United States Congress · 16 March 1983
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for emergency advanced life support services furnished by qualified emergency medical technicians under the supervision of a physician (through radio or telecommunication contact or otherwise).
United States · United States Congress · 10 March 1983
Air Travelers Security Act of 1983 - Amends the Federal Aviation Act of 1958 to declare congressional policy with respect to the marketing and sale of passenger air transportation. Directs the Civil Aeronautics Board to vacate Order 82-12-85, adopted on December 16, 1982, and to adopt as its final decision in docket numbered 36595 the recommended order of an administrative law judge dated June 1, 1982.
United States · United States Congress · 9 March 1983
Illinois and Michigan Canal National Heritage Corridor Act of 1983 - Establishes the Illinois and Michigan Canal National Heritage Corridor. Establishes the Illinois and Michigan Canal National Heritage Corridor Commission, which shall administer the corridor. Requires the Commission to: (1) assist the State of Illinois and nonprofit organizations in preservation, treatment, and renovation of canal structures; (2) assist Illinois in establishing and maintaining intermittent recreational trails which are compatible with economic development interests in the corridor; (3) encourage owners of property in or adjacent to the corridor to retain a strip of natural vegetation between recreational trails and development in the corridor; (4) assist in the preservation and enhancement of Natural Areas Inventory prepared by the Illinois Department of Conservation; (5) enhance public awareness and appreciation of the historical, architectural, and engineering structures and the archaeological and geological resources and sites in the corridor; (6) assist in the restoration of historic buildings in the corridor which have economic development potential; (7) assist in the interpretation of the cultural and natural resources of the corridor; (8) assist in the promotion of the corridor resources; (9) encourage enhanced economic and industrial development in the corridor; and (10) ensure that access routes to the canal are identified and that corridor traffic is routed away from industrial access routes and sites. Authorizes the Commission to finance the installation of protective features in the corridor. Requires the Commission to encourage Illinois to ensure that owners and users of property in or adjacent to the corridor will not be subject to excessive liability in connection with activities which affect persons and property in the corridor. Requires the Commission to prepare an economic impact assessment with respect to any major action, including the expenditure of funds, involving capital improvements or the acquisition of real property. Requires the Commission to report annually on its activities to the Governor of Illinois and to the Secretary of the Interior. Sets forth restrictions on the development by the Commission of sites or structures in the corridor and trails along the canal or its towpath. Terminates the Commission ten years after the enactment of this Act. Permits the Commission to extend its own life under certain conditions. Requires the Secretary to: (1) conduct specified inventories; (2) develop a thematic structure for interpretation of the heritage corridor story; (3) design and make interpretive materials; (4) provide feasibility studies for the rehabilitation of at least six historical structures in the corridor; (5) provide brochures on the tax advantages connected with such rehabilitation; and (6) detail to the Commission two Department of the Interior employees. Directs Federal agencies whose activities affect the corridor to consult and cooperate with the Secretary and the Commission. Requires the United States to release to Illinois all Federal interests in real property associated with the canal. Authorizes the release to Illinois of Federal interests in the canal prism and towpath within the Illinois and Michigan Canal State Park for park, recreational, or public purposes. Requires a reversion of such interests if such property is not used for such purposes. Authorizes appropriations to the Commission and the Secretary.
United States · United States Congress · 8 March 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 1 March 1983
Amends the National Labor Relations Act to authorize the Secretary of Labor to prohibit the awarding of Federal contracts to persons who have violated certain judicial orders or orders issued by the National Labor Relations Board. Limits the period of such ban to not more than three years after the Secretary has certified the identify of such person to the Comptroller General. Permits the awarding of Federal contracts to such person during the period of the ban if the Federal agency or department, after notice and opportunity for hearing to all interested parties, certifies to the Secretary that there is no other source for the material or services furnished by such person.
United States · United States Congress · 24 February 1983
National Commission on Neurofibromatosis Act - Directs the Secretary of Health and Human Services to establish within 60 days a National Commission on Neurofibromatosis which shall formulate a plan to identify the research needed to develop an effective treatment and a cure for neurofibromatosis. Sets forth operating and related provisions. Authorizes the Commission to transmit interim reports. Requires the Commission to make a final report to the President and to each House of Congress within two years. Terminates the Commission three months after submission of the final report.
United States · United States Congress · 24 February 1983
Amends the Internal Revenue Code to permit an income tax deduction from gross income for adoption fees, court costs, attorney's fees, and other expenses incurred in the adoption of a child.
United States · United States Congress · 17 February 1983
Low-Income Energy Assistance Trust Fund Act of 1983 - Amends the Department of Energy Organization Act to make unrefunded petroleum price control overcharges available for energy assistance. Establishes in the Treasury the Energy Assistance Trust Fund which shall be available for home energy assistance, residential energy efficiency programs, and other energy programs to assist low-income energy consumers. Appropriates funds which shall be transferred at least monthly from the general fund of the Treasury to the Trust Fund. Requires the Secretary of the Treasury to hold the Trust Fund and report to Congress annually, starting with FY 1983, on the Trust Fund's financial condition and operations for the preceding fiscal year and for the next five fiscal years. Sets forth investment requirements pertaining to the Trust Fund. Establishes in the Department of Health and Human Services the Office of Energy Special Counsel. Transfers the Office of Special Counsel of the Department of Energy to the Energy Special Counsel. Requires that the Energy Special Counsel transmit to the President and Congress a plan for the collection of petroleum price control overcharges made in violation of the Emergency Petroleum Allocation Act of 1973. Requires the Comptroller General to periodically review the Energy Special Counsel's activities and report quarterly to Congress.
United States · United States Congress · 3 February 1983
United States Academy of Peace and Conflict Resolution Act - Establishes the United States Academy of Peace and Conflict Resolutions as an independent nonprofit corporation. Permits the Academy to use "United States" or "U.S." or any other reference to the United States Government or Nation in its title, corporate seal, emblem, or other mark of recognition in any fiscal year only if there is an authorization of appropriations for the Academy for such fiscal year provided by law. Sets forth the powers and the duties of the Academy, including establishment of an Endowment of the United States Academy of Peace and Conflict Resolution. Authorizes the Academy to: (1) conduct research on the causes of war and the elements of peace; (2) provide peace education and research programs; (3) conduct training in conflict resolution; (4) disseminate information on peace learning; (5) establish a Center for International Peace; and (6) establish a United States Medal of Peace and other medals or honors. Authorizes the Academy to refuse research requests of Federal agencies for reason of cost or of inappropriateness to the Agency's purpose or independence. Prohibits the Academy from undertaking to influence the passage or defeat of any Federal, State, local, or United Nations legislation, but permits Academy personnel to testify or make other appropriate communication when formally requested to do so by a legislative body, committee, or member thereof. Provides for appointment of members of the Academy's Board of Directors. Sets forth grounds for removal of Board members. Permits Board meetings to be closed only in exceptional circumstances. Sets forth provisions for Academy officers, employees, procedures, and records. Provides that, with certain exceptions, the Academy shall not be considered a department, agency, or instrumentality of the Government. Prohibits the use of any political test or political qualification with respect to personnel actions of the Academy or financial assistance by the Academy. Authorizes appropriations in a specified amount for an Academy principal office capitalization fund. Authorizes appropriations in specified amounts for FY 1984 and 1985 for Academy programs and administration. Requires that Academy expenses in connection with the United States Medal of Peace or the accompanying cash award be paid out of the private funds of the Endowment. Restricts contract-making authority under this Act to the extent and amounts provided in appropriation Acts. Directs the Chairman of the Board of Directors of the Academy to report to the Congress and the President, beginning two years after the enactment of this Act and at two-year intervals thereafter. Directs the President to transmit to the Congress the recommendations of the appropriate Federal agencies with respect to such report and to any legislation concerning the Academy. Requires the appropriate congressional committees to hold hearings to review such report and recommendations.
United States · United States Congress · 3 February 1983
Competitive Shipping and Shipbuilding Act of 1983 - Requires that, by 1984, five percent of all bulk cargoes imported into or exported from the United States by water be carried on U.S.-flag ships. Requires yearly one percent increases until the percentage of bulk cargoes carried on U.S.-flag ships reaches 20 percent. Provides for credit to importers and exporters for the use of U.S.-flag ships for the transportation of bulk cargoes between foreign ports. Authorizes the Secretary of Transportation to provide relief from the requirements of this Act upon a finding that U.S.-flag ships are not available within guideline rates. Sets forth factors which the Secretary shall consider in determining the extent of relief granted. Requires the Secretary to establish and publish guideline rates for the carriage of bulk cargoes subject to this Act. Requires the Secretary to assure that such rates take into account certain objectives. Requires the Secretary, in order to establish guideline rates, to estimate the current cost of operating U.S.-flag ships in the foreign bulk trades of the United States and of constructing such ships. Requires such cost estimates to be published within six months after enactment of this Act. Requires such estimates to be revised annually. Requires that such rates: (1) be reviewed and adjusted at least annually; (2) not reflect costs greater than the estimated current costs; and (3) be the maximum rates which may be charged for the charter of U.S.-flag ships for the transportation of bulk cargoes governed by this Act. Requires the Secretary to establish and publish interim guideline rates in the first calendar year following the enactment of this Act. Sets forth factors to be taken into account in determining such rates. Requires the Secretary to appoint and consult with an advisory committee to establish and review U.S.-flag ship operating costs, shipyard construction costs, guideline rates, and regulations. Requires anyone engaged in importing or exporting bulk commodities in U.S. foreign commerce whose business volume exceeds $1,000,000 annually to report to the Secretary on the percentages of such person's exports and imports carried on U.S. flag ships. Requires anyone who fails to transport the required percentage of U.S. bulk cargoes to use exclusively U.S. flag ships until the deficiency has been recouped, unless Secretarial relief has been granted. Establishes civil penalties for violations of this Act. Sets forth procedures for the investigation, prosecution, and judicial review of violations of this Act.
United States · United States Congress · 2 February 1983
Amends title VII (Equal Employment Opportunity) of the Civil Rights Act to 1964 to make it an unlawful employment practice to discriminate against any individual who is physically or mentally handicapped.
United States · United States Congress · 26 January 1983
Law Enforcement Officers Protection Act of 1982 - Establishes criminal penalties applicable to licensees under the Gun Control Act of 1968 who import, manufacture, or sell a "restricted handgun bullet," except as authorized by the Secretary of the Treasury. Establishes additional criminal penalties, including a mandatory minimum sentence of one year's imprisonment, for: (1) using a restricted handgun bullet to commit a Federal felony; or (2) carrying a restricted handgun bullet unlawfully during commission of a Federal felony.
United States · United States Congress · 25 January 1983
American Defense Education Act - Authorizes a national program to provide incentives to local educational agencies to improve: (1) instruction in mathematics, science, communication skills, foreign languages, and technology; and (2) guidance and counseling. Title I: Elementary and Secondary Education Programs - Requires local education agencies which desire to participate in such national program to develop and carry out a program of improvement of instruction and student achievement. Sets forth requirements for such programs. Entitles participating local educational agencies to receive basic payments for each fiscal year equal to two percent of an established payment rate multiplied by the average daily attendance. Entitles agencies which show substantial evidence of meeting program goals to an incentive payment equal to an additional two percent of the established payment rate multiplied by the average daily attendance. Sets forth a formula for establishing such payment rate. Sets forth requirements for applications for payments. Directs the Secretary of Education ("the Secretary") to approve applications which meet such requirements. Sets forth provisions for participation in such program by children enrolled in private schools. Title II: Teacher Training and Postsecondary Programs - Authorizes the Secretary to establish a program of grants to institutions of higher education for coordination between such institutions and local education agencies in improving science and mathematics education, through precollege teacher training, development, and recruitment programs. Sets forth requirements for grant proposals and priorities in grant selection. Authorizes appropriations for FY 1985 through 1987 for such grants. Title III: Research to Improve Instruction - Directs the Secretary to administer, through the National Institute of Education (NIE), in consultation with appropriate Federal agencies, a program to support research and development into effective education in mathematics, the sciences, foreign languages, and technology. Authorizes appropriations to the Department of Education to be made available to NIE to carry out such educational research program for FY 1985 through 1987. Title IV: General Provisions - Directs the Secretary to administer the program and to pay each local educational agency with an approved application the amount to which it is entitled for each fiscal year. Provides for a joint survey and report to Congress by the Secretaries of Defense and Education, for each year from 1983 through 1987, on the academic achievement levels of U.S. 18-year-olds and the personnel training and educational needs of the armed forces.
United States · United States Congress · 6 January 1983
Expresses the sense of Congress that the age for drinking and purchasing alcoholic beverages should be raised to 21 in all States where the drinking age is lower.
United States · United States Congress · 3 January 1983
Amends the Child Nutrition Act of 1963 to extend authorizations of appropriations beyond FY 1984 for special supplemental food programs, State administrative expenses, and nutrition education and training. Amends the National School Lunch Act to extend authorizations of appropriations beyond FY 1984 for the summer food service and the commodity distribution programs.
United States · United States Congress · 3 January 1983
Nondiscrimination in Insurance Act - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Grants to State or local governments having insurance discrimination laws the primary opportunity to enforce this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer, if a State or local authority which has received notice of a complaint fails to act within 60 days or with respect to those authorities not having insurance discrimination laws. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance.
United States · United States Congress · 3 January 1983
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 3 January 1983
Establishes in the House of Representatives the Select Committee on Hunger to conduct a continuing comprehensive study of the problems of hunger and malnutrition.
![Official portrait of Rep. Hayes, Charles A. [D-IL-1]](https://www.congress.gov/img/member/h000388_200.jpg)