United States · United States Congress · 22 March 1983
National Diffusion Network Act - Directs the Secretary of Education to carry out a program to promote the use of exemplary educational programs, products, and practices to interested elementary and secondary schools. Requires the Secretary to provide information, materials, training, technical assistance, and evaluations. Authorizes the Secretary to make grants to, and contracts with, public and nonprofit private educational institutions and organizations to carry out such program. Declares that such program shall be deemed to be a continuation of the National Diffusion Network for which provision is made under the Education Consolidation and Improvement Act of 1981. Directs the Secretary to allocate funds available under such Act to such program. Authorizes additional appropriations, if necessary, to carry out such program in FY 1984 through 1987.
United States · United States Congress · 22 March 1983
Declares that the House of Representatives deplores the denial of the rights of Hungarians and people of other nationalities in Transylvania by the Romanian Government. Requests the President and the Secretary of State to discuss the human rights of the Hungarians in Transylvania with the Government of Romania.
United States · United States Congress · 21 March 1983
Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - Makes this title effective only until both the International Convention on Civil Liability for Oil Pollution Damage and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage are in force with respect to the United States, at which point liability and compensation for damages arising out of or directly resulting from oil pollution shall be determined in accordance with such conventions. Permits claims for damages for economic loss, arising from oil pollution, to be asserted for: (1) removal costs; (2) injury to or destruction of natural resources; (3) injury to, or destruction of, real or personal property; (4) loss of subsistence use of natural resources; (5) loss of profits or impairment of earning capacity due to such injury or destruction; and (6) loss of tax revenue for a period of one year due to injury to real or personal property. Specifies the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several and strict liability on the party responsible for the source of pollution. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships, deepwater ports, and other facilities. Requires the responsible party for vessels over 300 tons (including foreign vessels) and the party responsible for offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Limits the liability of a guarantor to the aggregate amount of financial responsibility that the guarantor provided. Specifies procedures whereby the Secretary shall designate and advertise pollution sources. Directs the Secretary to advertise claims to be presented initially to the responsible party or to such person's guarantor, in instances in which: (1) the responsible party and guarantor both deny involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary of Transportation is unable to designate the pollution source. Permits claimants either to present a claim to the Fund or to bring an action in an appropriate U.S. court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Requires both the plaintiff and the defendant in a court action brought against a responsible party or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Requires a claim to be presented within three years of discovery of an economic loss, or within six years of the date of the incident, whichever is earlier. Subrogates any person, including the Fund, to all the claimant's claims and rights under this title. Sets forth the measure of recovery for actions brought by the Fund against any responsible party or guarantor. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under this title, without regard to the citizenship of the parties or the amount in controversy. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Title II: Fund and Tax - Establishes the Comprehensive Oil Pollution Liability Trust Fund in the Treasury. Transfers to the Fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the petroleum excise tax; (2) the amounts recovered or collected on behalf of such Fund under title I of this Act; and (3) any penalties imposed under title I of this Act or under the oil and hazardous substances liability provisions of the Federal Water Pollution Control Act (insofar as these relate to petroleum oils). Makes amounts in the Fund available only to pay claims for compensable damages recognizable under title I of this Act (including costs incurred by the United States by reason of such claims). Defines "compensable damages" for purposes of the Act. Restricts interest payable out of the Fund. Provides for certain interfund loans, under specified conditions. Directs the Secretary of the Treasury to consult with the Secretary of Transportation, and with the Administrator of the Environmental Protection Agency, in the case of the Hazardous Substance Trust Fund, concerning such interfund loans. Limits payment of claims by the Fund by requiring a minimum balance of at least $15,000,000 in the Fund. States that claims are to be paid in the order in which they were finally determined. Limits U.S. liability for payment of claims under this Act to the amounts in the Funds established under this title. Prohibits the funds from borrowing any money from the general fund of the Treasury, other than an amount not to exceed $75,000,000, and only until September 30, 1985. Sets forth administrative provisions for the Fund, including methods of transfer, management, and investment. Coordinates this title with other provisions in this Act. Provides that, if the balance in any fund is to be transferred to the Fund, then any claim arising before October 1, 1984, which would have been payable out of the transferor fund shall be payable out of the Fund. Provides that if the Secretary of the Treasury determines that there is a Trans- Alaska Pipeline (TAP) fund deficit, then the petroleum excise tax on such crude oil shall be increased by two cents per barrel until the total amount of such increased tax equals such deficit. Defines a TAP fund deficit. Amends the Internal Revenue Code of 1954 to increase the environmental excise tax on petroleum by 1.3 cents per barrel. Terminates the 1.3 cents tax after September 30, 1990. Title III: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, the Intervention on the High Seas Act, the Outer Continental Shelf Lands Act Amendments of 1978 and the Trans-Alaska Pipeline Authorization Act, to conform with the provisions of this Act. Provides that all unused assets of the Trans-Alaska Pipeline Liability Fund shall be rebated directly to the operator of the trans-Alaska oil pipeline for pro-rata payments to those owners who had paid into the Fund.
United States · United States Congress · 21 March 1983
Amends the veterans' educational assistance program to extend the delimiting period for use of educational benefits by Vietnam veterans from ten to 20 years, through December 31, 1995, at the latest.
United States · United States Congress · 21 March 1983
Authorizes and requests the President to designate Monday, April 4, 1983, as Swedish-American Friendship Day, in order to commemorate the 200th anniversary of the signing of the Treaty of Amity between Sweden and the United States.
United States · United States Congress · 17 March 1983
Amends the Internal Revenue Code to provide that certain museums and organizations which operate a library shall be treated as public charities for income tax purposes (taxpayers may deduct contributions to public charities up to 50 percent of their adjusted gross income).
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 the Department of Defense Authorization Act, 1983, to postpone from July 1, 1983, to February 1, 1984, the effective date for denial of Federal educational assistance to students who failed to comply with the registration requirements of the Military Selective Service Act. Directs the Comptroller General to conduct an ongoing study and report to Congress by March 1, 1985, on the effectiveness of enforcing the registration requirement through student assistance programs.
United States · United States Congress · 16 March 1983
Small Business Procurement Reform Act of 1983 - Requires that any Government procurement contract for which a notice for bidding is published in the Commerce Business Daily remain open for bidding for at least 45 days. Establishes exceptions to such requirement in specified circumstances. Amends the Small Business Act to establish a goal of 35 percent participation by small business concerns with each Federal agency for the procurement of items which the Small Business Administration (SBA) determines can be produced by small business. Directs each Federal agency to take all feasible steps to subdivide large procurements into smaller components on which small businesses can bid. Requires any Federal agency to provide small business concerns, upon request, with copies and summaries of laws and regulations materially affecting the performance of contracts open for bids under $100,000. Establishes Government procurement contract arbitration panels within the SBA to facilitate the resolution of contract disputes between any small business concern and any Federal agency having procurement authority. Establishes the Small Business Procurement Advisory Committee to advise the Administrator of the SBA and Congress on Government procurement contracts awarded to or set aside for small business concerns.
United States · United States Congress · 16 March 1983
Milk Stabilization Act of 1983 - Amends the Agricultural Act of 1949 to reduce FY 1984 and 1985 minimum milk price supports from 75 to 70 percent of parity. States that for FY 1984 and 1985 the parity price of milk shall be determined as of October 1 of each such marketing year. Limits annual milk purchases to 3,500,000,000 pounds for each marketing year during FY 1984 and 1985. Sets forth: (1) various individual marketing bases; and (2) base assignment priorities. Allows an applicant to appeal a State committee's marketing base decision only to the Secretary of Agriculture. Requires the Secretary to determine a production percentage reduction if estimated milk production exceeds market requirements and Government purchases. Establishes two assessment rates (50% and 75%) for excess production. Makes any person producing milk commercially in the United States liable for such assessments. Sets forth collection and enforcement provisions. Establishes in the Treasury a Dairy Product Stabilization Fund. Terminates such Fund on February 1, 1986, (remaining funds to be transferred to the Commodity Credit Corporation). Authorizes domestic and foreign surplus dairy donations for five years.
United States · United States Congress · 16 March 1983
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide coverage for outpatient occupational therapy services.
United States · United States Congress · 16 March 1983
Amends the Internal Revenue Code to repeal the highway use tax on heavy trucks. Increases the excise tax on diesel fuel from nine cents per gallon to 12 cents per gallon in 1983 and from 12 cents per gallon to 14 cents per gallon in 1984. Requires the Secretary of the Treasury to prescribe regulations exempting from such increases diesel fuel used in automobiles and light trucks.
United States · United States Congress · 16 March 1983
Declares the findings of the Congress that States should: (1) evaluate teacher training and performance requirements; (2) compare teacher recruitment, selection, training, certification, and licensing in other States; (3) establish commissions on teacher excellence; and (4) recommend to the President and the Congress ways in which public school instruction could be assisted by research, evaluation, new policy initiatives, and changes in existing Federal laws.
United States · United States Congress · 16 March 1983
States that the Government should restore balance to the Department of Energy's FY 1984 budget by maintaining funding for energy conservation, solar and renewable energy, and weatherization programs and by distributing information on conservation and renewable and solar energy.
United States · United States Congress · 15 March 1983
District Heating and Cooling Tax Incentives Act of 1983 - Amends the Internal Revenue Code to allow an investment tax credit for district heating and cooling property. Allows an additional 20 percent energy credit for such property. Defines "district heating or cooling property" as any equipment or other property used as an integral part of a district heating or cooling system. Exempts district heating or cooling property which is transferred to a governmental unit or tax-exempt organization from the recapture rules relating to prohibited dispositions of investment tax credit property. Treats district heating or cooling property as depreciable personal property for purposes of tax rules relating to the recapture of excess depreciation. Exempts from classification as ten or 15 year public utility property, for purposes of accelerated depreciation under the accelerated cost recovery system, district heating or cooling property.
United States · United States Congress · 15 March 1983
Amends the Internal Revenue Code to allow married individuals to compute the amount of their income tax deduction for contributions to retirement savings accounts on the basis of the earned income of their spouses. Treats alimony payments as compensation for purposes of this deduction.
United States · United States Congress · 15 March 1983
Private Pension Reform Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require that a retirement plan that provides an annuity to a participant with at least ten years of creditable service shall provide a survivor's annuity for the spouse of any such participant who dies before the annuity starting date in an amount not less than the amount that would have been provided if the participant had survived and retired on such annuity date. Provides that a participant's election not to take a joint and survivor's annuity shall not be effective unless the spouse of the participant consents in writing to such an election. Requires a retirement plan to treat an individual who was the spouse of the participant on the annuity starting date and who survives the participant as if such individual were the spouse of the participant on the date of death of the participant whether or not divorced after the annuity starting date. Allows the assignment of the benefits of a qualified retirement plan in the case of a judgment decree or order relating to child support, alimony payments, or marital property rights pursuant to a State domestic relations law. Amends ERISA to lower the age limitation for participation in a qualified retirement plan from age 25 to age 21. Amends ERISA and the Internal Revenue Code to provide for accruals of creditable service to continue while an individual is on approved maternity or paternity leave at the rate of 20 hours service for each week of approved leave.
United States · United States Congress · 15 March 1983
Expresses the sense of the Congress that no changes will be enacted in the guaranteed student loan program which would be effective for the academic year 1983-1984.
United States · United States Congress · 15 March 1983
Expresses the sense of the House of Representatives that it should take cetain steps to honor commitments to the civil service retirement system and continue to provide the current level of retirement benefits to Federal and postal retirees.
United States · United States Congress · 14 March 1983
Economic Equity Act of 1983 - Title I: Tax and Retirement Matters - Amends the Internal Revenue Code to provide that the maximum deduction for contributions to an individual retirement plan: (1) shall be computed separately for each individual who is married; and (2) in the case of a married individual who has no compensation or less compensation than that of the spouse, shall be determined as if such compensation were the same as that of the individual's spouse. Treats alimony as compensation for purposes of determining an individual's income tax deduction for retirement savings. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require that a retirement plan that provides an annuity to a participant with at least ten years of creditable service shall provide a survivor's annuity for the spouse of a participant who dies before the annuity starting date in an amount not less than the amount that would have been provided if the participant had survived and retired on such annuity date. Provides that a participant's election not to take a joint and survivor's annuity shall not be effective unless the spouse of the participant consents in writing to such an election. Requires a retirement plan to treat an individual who was the spouse of the participant on the annuity starting date and who survives the participant as if such individual were the spouse of the participant on the date of death of the participant whether or not divorced after the annuity starting date. Allows the assignment of the benefits of a qualified retirement plan in the case of a judgment decree or order relating to child support, alimony payments, or marital property rights pursuant to a State domestic relations law. Amends ERISA to lower the age limitation for participation in a qualified retirement plan from age 25 to age 21. Amends ERISA and the Internal Revenue Code to provide for accruals of creditable service to continue while an individual is on approved maternity or paternity leave at the rate of 20 hours service for each week of approved leave. Entitles former spouses of civil service employees or Members of Congress, who were married to an employee or Member for at least ten years during creditable service, to an annuity based upon a portion of retired or retainer pay unless otherwise provided by a spousal agreement or a state court decree of divorce or annulment. Entitles former spouses to survivor's benefits under the civil service plan unless the former spouse remarries before becoming 60 years of age or the employee or Member and former spouse elect to waive such benefit. Requires that such waiver be jointly made in writing. Includes displaced homemakers as a targeted group for purposes of the targeted jobs tax credit. Defines "displaced homemaker" as a person who: (1) has not worked, except in the home, for a substantial number of years; (2) has been dependent on public assistance or on the income of a family member but is no longer supported by that income; and (3) is a member of an economically disadvantaged family and is experiencing difficulty obtaining or upgrading employment. Increases the zero bracket amount for heads of households from $2,300 to $3,400. Title II: Dependent Care Program - Increases the income tax credit for household and dependent care services from a maximum of 30 percent of amounts paid to a maximum of 50 percent of amounts paid. Reduces such percentage to a minimum of 20 percent based on the taxpayer's adjusted gross income. Makes such income tax credit refundable. Treats as tax-exempt organizations certain organizations which provide nonresidential dependent care to the general public. Requires the Secretary of Health and Human Services (through the Commissioner of the Administration of Children, Youth, and Families) to establish a grant program to assist nonprofit organizations in the establishment or operation of community-based child care information. Title III: Nondiscrimination in Insurance - Nondiscrimination in Insurance Act of 1983 - 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: (1) has received notice of a complaint and fails to act within 60 days; or (2) has no 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. Title IV: Regulatory Reform and Sex Neutrality - Requires the head of each Federal agency to: (1) conduct an ongoing review of the rules, regulations, programs, and policies of the agency to identify any which result in different treatment based on sex; and (2) submit annually a report to the Congress on such review. Sets forth rules of statutory construction relating to gender. Title V: Child Support Enforcement - Amends the Social Security Act to specify that the purpose of the child support enforcement program is to assure compliance with obligations to pay child support to each child in the United States living with one parent. Allows offsets of income tax refunds of an absent parent on behalf of children not receiving Aid to Families with Dependent Children. (Present law permits such offsets only in the case of children receiving AFDC payments.) Requires States to establish a child support clearinghouse through which child support payments can be paid, recorded, and forwarded. Revises State child support enforcement procedures. Allows allotments for child and spousal support to be taken from the pay of Federal employees.
United States · United States Congress · 11 March 1983
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to substitute a new title III (National Marine Sanctuaries) for the existing title III. Specifies congressional intent to authorize a program that: (1) establishes a system of marine sanctuaries by identifying marine environments of special significance due to their conservational, recreational, ecological, historical, educational, or esthetic value; (2) provides comprehensive area management complementing existing authorities; (3) supports scientific research and enhances public appreciation of such areas; and (4) facilitates public and private uses of such areas compatible with the primary objective of resource protection. Defines "marine environment" to mean: (1) the ocean waters and the continental shelf over which the United States asserts resource jurisdiction; and (2) the great Lakes and their connecting waters. Authorizes the Secretary of Commerce, upon the approval of the President, to designate an area as a national marine sanctuary if such designation fulfills the policies of this title and: (1) such area's resource or use values give it special national significance; (2) existing State and Federal authorities are inadequate to assure comprehensive area management; and (3) such area's size will facilitate comprehensive areawide management. Lists factors to be considered in making such findings. Requires the Secretary to consult with interested congressional committees, Federal, State, and Regional Fishery Management Council officials, and other persons in determining whether an area meets sanctuary designation standards. Sets forth designation provisions. Requires the Secretary to: (1) publish in the Federal Register notice of such designation and proposed implementing regulations; and (2) notify each House of Congress. States that a designation or designation term shall take effect unless: (1) Congress disapproves within 120 days; (2) the Secretary withdraws the designation; or (3) the Governor or Governors of States having jurisdiction over the area certify within 60 days of the designation date that such designation is unacceptable. Requires the Secretary to publish in the Federal Register the designation and terms of each sanctuary that takes effect under this title. Requires the Secretary to submit an annual report to Congress (on or before November 1) regarding areas being considered for sanctuary designation. Establishes civil penalties of up to $50,000 for violations of this title. Vests jurisdiction in the U.S. district courts. Authorizes appropriations through FY 1986.
United States · United States Congress · 11 March 1983
Amends the Payments in Lieu of Taxes Act to repeal the provision which treats entitlement lands within two concurrent units of local government as being, for specified purposes, within the jurisdiction of the smaller of such units. Redefines the term "unit of local government" to mean a unit of that level of local government which, within a State, is the principal provider of governmental services affecting the use of public lands.
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
United States Olympic Checkoff Act of 1983 - Amends the Internal Revenue Code to allow taxpayers to designate on their income tax returns a contribution of one dollar of their income tax refunds or any cash amount voluntarily forwarded with their returns to support the U.S. Olympic Trust Fund. Establishes in the Treasury a U.S. Olympic Trust Fund (trust fund). Appropriates to such trust fund an amount equal to the amount designated on tax returns. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee. Allows specified administrative expenses to be paid from such trust fund.
United States · United States Congress · 9 March 1983
Natural Gas Consumer Relief and Market Correction Act - Amends the Natural Gas Policy Act of 1978 to repeal provisions providing for the decontrol of natural gas prices. Provides that in the case of any price which is established under any contract for the first sale of natural gas and which does not exceed the applicable maximum lawful price, such maximum lawful price shall not supersede or nullify the effectiveness of the contract price. Provides for the reimposition of price controls on certain categories of previously decontrolled high-cost natural gas. Provides for the recomputation of the maximum lawful price to eliminate the increases in effect which are in addition to the rate of inflation for: (1) new natural gas and natural gas from the Outer Continental Shelf; (2) natural gas from new, onshore production wells; (3) sales of gas under existing interstate contracts; and (4) stripper well gas. Declares any take-or-pay clause of any contract applicable to the first sale of natural gas or applicable to any subsequent sale of natural gas to any interstate or intrastate pipeline to be against public policy and unenforceable. Defines a take-or-pay clause as any contract provision which requires payment for the minimum quantity of natural gas contracted for in the event the purchaser fails to take delivery. Requires every contract for the sale of natural gas to any pipeline to contain an adjustment clause (market-out clause) which authorizes the purchaser (under the general rule), without obligation to pay, to exercise a right not to accept delivery of any portion of the volumes of natural gas the purchaser has contracted to accept if the purchaser has determined that the total volume of natural gas contracted for cannot be marketed. Eliminates the authority the Federal Energy Regulatory Commission (FERC) to increase ceiling prices for sales of natural gas dedicated to interstate commerce, sales under rollover contracts, and other categories of natural gas. Eliminates the authority of FERC to establish new categories of high-cost gas. Prohibits a natural gas company from increasing its rates on the basis of any increase in the cost of acquiring gas (cost passthroughs) until the Commission has conducted an investigation of the increase and determined, after an opportunity for a hearing, that the increase is just and reasonable and in the public interest. Authorizes funds to be appropriated for FY 1984 and 1985, in addition to funds otherwise authorized, to carry out the Low-Income Energy Assistance Act of 1981. Prohibits the importation of natural gas unless that gas is imported at prices that reflect the current natural gas market and the importation is determined to be justified, taking into account the availability and cost of natural gas produced in the United States.
United States · United States Congress · 9 March 1983
Amends the Federal Land Policy and Management Act of 1976 to exempt entities which have received financial assistance under the Rural Electrification Act of 1936 from paying annual fees for rights-of-way with respect to public lands.
United States · United States Congress · 8 March 1983
Vietnam Veterans Agent Orange Relief Act - Establishes a presumption of service-connected disability for veterans exposed to herbicides during service in Southeast Asia during the Vietnam era who suffer from specified diseases which may be caused by exposure to such herbicides, developed to a ten percent degree of disability. Permits the Administrator of Veterans Affairs to determine what other diseases may be due to exposure to herbicides, chemicals, or environmental hazards. Directs the Administrator to promulgate regulations within one year of enactment incorporating such determinations and setting forth the standards used to reach them.
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 · 7 March 1983
Joint Research and Development Ventures Act of 1983 - Allows U.S. firms to conduct cooperative research and development programs by establishing qualified joint research and development ventures which shall be exempt from the antitrust laws. Includes as a U.S. firm any entity controlled by foreign firms or citizens if their nation provides U.S. firms and citizens equivalent access to research and development efforts in that nation. States the requirements for qualified ventures, including: (1) the use of identical terms for the same levels of participation by firms; (2) the identification of each research and development program to be conducted and the contributions required for a firm's participation in each program; (3) a finding by the Attorney General that the participation of any firm that accounts for a large specified percentage of worldwide industry sales of a product is critical to the program's success, is in the national interest, and will not directly affect future production of such product; and (4) the notification of the Attorney General of the formation of a venture, the parties to the venture, the programs to be conducted, the participants in the programs, and agreements under the venture. Limits a venture's activities to conducting one or more research and development programs (including programs in which universities participate) which are projected to be completed within ten years after their inception. Declares that a participant in a venture shall not be subject to restrictions on its own research and development activities or its exploitation of inventions resulting from the venture's findings. Vests authority for the management of a venture in a management board composed of one representative of each participant and at least three U.S. citizens representing nonparticipants. Directs each board to establish criteria for the selection of research and development programs, the admission or withdrawal of participants, and the licensing of venture technology. Specifies information to be considered by the board in establishing such criteria. Declares that the venture shall retain title to all inventions, patents, and know-how. Entitles any firm that is a participant in a program when an invention is discovered to irrevocable, nonexclusive, and equivalent licenses to all patents and know-how. Provides for rewarding participants according to the risks each assumed. Requires licenses to be made available to nonparticipant firms after the participants have held their licenses for three years. Directs the venture to collect any royalties on behalf of the participants. Permits the venture to retain part of the royalties as may be agreed to by the participants. Requires a venture to update its notice of formation annually if necessary. Grants qualified ventures, participants, and employees thereof immunity from Federal and State antitrust laws. Directs a court to award a defendant the costs of defending against a claim brought under the antitrust laws against a venture if the venture meets the requirements of this Act or the alleged conduct does not violate antitrust laws. Provides for the investigation of ventures by the Attorney General. Directs the Attorney General to: (1) notify a venture of the actions, if any, it must take to meet the requirements of this Act; and (2) commence a court action to dissolve a venture that fails to take such actions. Permits an aggrieved party to appeal an adverse court determination. Exempts from disclosure under the Freedom of Information Act any information generated under such investigation or court action. Declares that a determination by the Attorney General, the district court, or the court of appeals shall not be admissible as evidence in an administrative or judicial proceeding in support of any claim under the antitrust laws.
United States · United States Congress · 3 March 1983
Vietnam Veterans National Medal Act - Directs the Secretary of the Treasury to coin and sell a medal in honor of the members and former members of the Armed Forces who served in Vietnam. Declares that the Secretary shall offer such medals for sale to the public at a price sufficient to cover the cost of minting and distributing of such medals.
United States · United States Congress · 3 March 1983
Cigarette Safety Act - Directs the Consumer Product Safety Commission to promulgate, within 24 months, final performance standards for cigarettes and little cigars ensuring a minimal capacity for igniting smoldering fabric fires. Requires publication in the Federal Register, together with detailed reasons, of any decision not to promulgate a standard based on a finding that it is technologically impracticable or economically unreasonable. Authorizes the Commission to prohibit manufacturers from stockpiling such products to which such standards apply. Provides for judicial review of such standards in an appropriate U.S. court of appeals. Declares such cigarette safety standards to be subject to all remedial and penalty provisions of the Consumer Product Safety Act. Authorizes appropriations necessary to carry out this Act for the first three fiscal years beginning after enactment.
United States · United States Congress · 3 March 1983
Child Abuse Prevention and Treatment and Adoption Reform Act Amendments of 1983 - Title I: Amendments to the Child Abuse Prevention and Treatment Act - Amends the Child Abuse Prevention and Treatment Act to direct the Secretary of Health and Human Services, through the National Center on Child Abuse and Neglect, to include, in a study and investigation of the national incidence of child abuse and neglect, a determination of those incidents of child abuse and neglect which involve the denial of nutrition, medically indicated treatment, general care, or appropriate social services to infants at risk with life- threatening congential impairments. Requires that the study's findings be submitted, with recommendations for administrative and legislative changes, to the Congress within two years after the effective date of this Act. Directs the Secretary, in consultation with the Advisory Board on Child Abuse and Neglect, to provide technical assistance and training to States for development and implementation of procedures to be followed by appropriate agencies or individuals to insure that nutrition, medically indicated agencies or individuals to insure that nutrition, medically indicated treatment, general care, and appropriate social services are provided to infants at risk with life-threatening congenital impairments. Requires that such procedures be in place throughout the State within one year after enactment of this Act, in order for a State to qualify for grants for child abuse and neglect prevention and treatment programs. Requires the establishment of procedures for any interested person to report to the appropriate authorities denial of such care or services to such an infant. Requires that such requirements also apply to child abuse and neglect programs and projects assisted under specified provisions of the Social Security Act. Extends through FY 1987 the authorization of appropriations for child abuse and neglect and sexual abuse of children prevention and treatment programs or projects. Revises the definition of "sexual abuse of children," for purposes of such prevention and treatment program provisions. Makes technical and conforming amendments. Title II: Amendments to the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 - Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to direct the Secretary of Health and Human Services to review all model adoption legislation and procedures developed or promulgated under such Act for the purpose of making appropriate changes to facilitate adoption opportunities for infants at risk with life-threatening congenital impairments. Extends through FY 1987 the authorization of appropriations to carry out such Act.
United States · United States Congress · 3 March 1983
Indian Housing Act of 1983 - Declares it to be the policy of the United States to provide grants, financing, and loan guarantees to assist Indians in obtaining decent, safe, and sanitary housing. Title I: Indian Housing Improvement Program - Establishes an Indian housing improvement program to make grants or provide assistance to preserve existing housing, make repairs, and construct or acquire standard housing for Indians. Authorizes the Secretary of the Interior, upon application of an Indian tribe or individual, to make grants or provide assistance to Indian families ineligible for housing assistance under titles II or III of this Act because of low income or extremely isolated circumstances. Requires that grants or assistance under this title be consistent with plans and priorities established by tribes. Authorizes the Secretary, in providing such assistance, to: (1) make direct grants to individual Indians; (2) enter into agreements with tribes or tribal housing agencies; (3) contract with private construction firms; or (4) have repairs or new construction performed directly by the Bureau of Indian Affairs. Authorizes a tribe or tribal housing agency, with respect to such agreements, to require an assisted family to make a monthly payment, not to exceed the amount of an administrative charge or an amount satisfactory to the Secretary, to be used solely for tribal housing-related activities. Permits grants or assistance under this title to be used, under specified conditions, to finance: (1) minor repairs and additions (under $5,000); (2) major repairs, renovations, and enlargements; and (3) the construction or acquisition of new standard housing. Requires appropriate insurance for such housing, unless waived by the Secretary. Directs the Secretary to insure that a lien upon fee land is recorded under appropriate State law whenever a house on such land is constructed, acquired, or repaired pursuant to this title. Prohibits the Secretary from approving the sale or lease of trust land upon which a house is so located, constructed, acquired, or repaired unless: (1) funds provided under this title are reimbursed to the United States in an amount equal to the initial cost reduced by ten percent per year; and (2) the tribe has first refusal on the sale of houses located on tribal land. Authorizes appropriations to carry out this title in FY 1984 through FY 1987. Title II: Indian Housing Finance Fund - Establishes an Indian housing finance fund to provide financing to Indian tribes for the construction, acquisition, or rehabilitation of standard housing for Indian families who are: (1) unable to obtain financing from other sources on reasonable terms and conditions; (2) not eligible for assistance under title III of this Act; and (3) able to meet the minimum monthly payment required by this title. Requires a tribe, as a prerequisite for eligibility for financing from the fund, to submit a tribal housing plan for approval by the Secretary. Sets forth required inclusions in such plan and in applications for financing from the fund. Sets forth criteria upon which applications shall be evaluated and approved. Requires that tribal housing agencies be established to implement housing project agreements. Sets forth requirements for project agreements. Empowers the Secretary, under conditions specified in the project agreement, to attach any obligated or unobligated funds held by the United States in trust for the benefit of any Indian or Indian tribe. Prohibits the Secretary from rejecting an application or refusing to enter into a project agreement, and prohibits a tribal housing agency from refusing to execute a housing assistance contract, on the basis that a tribe or Indian family has no trust funds to its credit. Provides for a period of notice, prior to attachment of trust funds, during which a tribe may: (1) pay the amount in default; (2) negotiate a repayment schedule; or (3) institute administrative appeals. Sets forth requirements relating to: (1) disbursements from the fund; (2) construction or acquisition contracts; (3) final plans and specifications; (4) fee titles and leases; and (5) land purchases. Sets forth provisions for: (1) housing assistance contracts between eligible Indian families and tribal housing agencies; (2) minimum monthly payments to such agencies by such families; and (3) residual receipts to be deposited into the fund by such agencies. Makes tribal housing agencies responsible for implementation of monitoring and construction inspection procedures. Makes the technical staff of the Indian Health Service within the Department of Health and Human Services responsible for providing recommendations to the Secretary with respect to the adequacy of such procedures to assure compliance with minimum housing standards and project plans and specifications. Sets forth bonding requirements. Makes maintenance and utilities costs the responsibility of participating families. Sets forth contract bidding requirements. Permits tribal housing agencies to formulate Indian affirmative action plans satisfactory to the Secretary. Sets forth provisions relating to: (1) family sale or purchase of houses constructed, acquired, or rehabilitated with funds under a project agreement; (2) inheritance or assignation of family contractual interests in such housing; and (3) abandoned houses. Authorizes tribal housing agencies to use project agreement funds to assist Indian families in making down-payments on standard housing to be financed through other sources of credit, under specified conditions. Requires tribal housing agencies to require that families with specified incomes provide evidence that at least two area lending institutions rejected home loan applications before such families are eligible for housing assistance under this title. Authorizes appropriations to carry out this title in FY 1984 and thereafter. Title III: Indian Housing Loan Guaranty Fund - Establishes an Indian housing loan guaranty fund to provide access to sources of private financing for Indian families who otherwise would not be eligible for housing credit because of Federal laws restricting the mortgage or other encumbrance of trust land. Authorizes the Secretary to guarantee up to 100 percent of the unpaid principal and interest due on any loan made to an Indian for the acquisition or construction of a standard house, on trust land. Sets forth provisions relating to loan security, interest, premium charges, applications, sale or assignment, maturity, default, collection, and reimbursement guaranty. Sets forth requirements for lenders. Requires that this title's guaranteed loan program be operated separately from the Indian housing finance fund under title II of this Act and that no designated funds be transferred from one program to the other. Authorizes appropriations for FY 1984 through FY 1987 in specified amounts and thereafter in such amounts as necessary to maintain a specified guaranty fund balance. Sets forth permissible uses of such guaranty fund. Limits the aggregate outstanding principal amount which may be guaranteed by the Secretary. Sets forth provisions relating to guaranty fund assets, liabilities, and obligations and to servicing or purchasing guaranteed loans. Title IV: Miscellaneous Provisions - Directs the Secretary to establish in the Bureau of Indian Affairs an Office of Indian Housing Programs with primary responsibility for administering the programs created by this Act. Authorizes the Secretary to provide technical assistance to Indian tribes for housing plan development and implementation and for application preparation and submission. Directs the Secretary to provide for establishment of a training program to develop understanding by the participating families of the roles and responsibilities of the tribal housing agency, the Government, and participants under titles I and II. Requires that such program include basic home maintenance training. Allows up to one percent of funds appropriated under authority of titles I and II to be used to provide such technical assistance and training. Makes the Indian Health Service responsible for provision of water and sanitation facilities for houses constructed, acquired, or rehabilitated with assistance provided under this Act. Directs the Secretary to coordinate such activities and responsibilities with the Secretary of Health and Human Services. Directs the Secretary to continue to provide all-weather access roads to multiunit projects constructed under this title through existing road programs and authorizations. Directs the Secretary to: (1) conduct a biennial housing inventory of current Indian housing needs and conditions to be used for purposes of specified title II provisions; and (2) submit a copy of such inventory to the Congress.
United States · United States Congress · 3 March 1983
Prohibits the importation of certain species of kangaroos and kangaroo products (currently allowed to be imported under an administrative exception to the Endangered Species Act of 1973 if in accordance with the management plans of Australian states).
United States · United States Congress · 3 March 1983
Creates a presumption of service-connected disability for compensation purposes for any veteran who was exposed to radiation or toxic chemicals while actively serving in the armed forces and who is now suffering from a disability or disorder symptomatic of such exposure. Maintains such presumption even in the absence of records. Entitles to disability or death compensation and to dependency and indemnity compensation any children of such a veteran with a disability or defect which may reasonably be determined to have been caused by genetic damage in the veteran. Directs the Administrator of Veterans Affairs to carry out a comprehensive program to screen veterans who may have been exposed to radiation or toxic chemicals during their active service to determine whether they incurred a disease or disability from such exposure. Requires the Administrator to provide outreach and counseling services. Directs the Administrator to establish a research and training program in the diagnosis and treatment of disabilities caused by exposure to radiation. Requires the establishment of a centralized registry of claims before the Veterans Administration or other agencies arising out of actual or possible exposure to radiation and toxic chemicals. Requires the Administrator to include in the annual report to Congress a comprehensive report on the administration and implementation of such screening and research activities.
United States · United States Congress · 3 March 1983
Repeals provisions of the Foreign Assistance Act of 1961 which authorize the President to provide emergency foreign military assistance. Makes conforming amendments.
United States · United States Congress · 3 March 1983
Amends the Internal Revenue Code to provide homebuilders with an income tax credit for the construction of residences which incorporate a passive solar energy system. Directs the Secretary of the Treasury, after consultation with the Secretaries of Energy and Housing and Urban Development, to prescribe regulations setting forth a solar construction credit table for purposes of determining the amount of the credit for which the incorporator of the solar energy system is eligible. Limits the dollar amount of such credit to $2,500. Phases out such credit in annual increments after 1988. Defines "passive solar energy system" as a system which contains a solar collection area, an absorber, a storage mass, a heat distribution method, and heat regulation devices. Requires such system to be installed in a new residence after September 30, 1983 and before January 1, 1992.
United States · United States Congress · 3 March 1983
Designates May 21, 1983, as National Sakharov Day. Authorizes and requests the President to: (1) call upon all nations to designate May 21, 1983, as National Sakharov Day; (2) urge the Soviet Union to permit the Sakharovs to freely choose their place of residence; and (3) direct the American delegation to the United Nations to introduce a resolution in the General Assembly calling upon that body to designate May 21, 1983, as International Sakharov Day.
United States · United States Congress · 2 March 1983
Prohibits the shipment in interstate or foreign commerce of steel jaw leghold traps and articles of fur from animals that were caught in such traps. Sets forth penalties for violations of this Act.
![Official portrait of Rep. Oberstar, James L. [D-MN-8]](https://www.congress.gov/img/member/o000006_200.jpg)