United States · United States Congress · 4 August 1982
Humane Care and Development of Substitutes for Animals in Research Act - Title I: Development of Improved Research and Testing Methods - Authorizes the Secretary of Health and Human Services to make awards to sponsor research and development of scientific testing methods which eliminate the use of live animals, reduce the number of live animals required, or limit animal pain and distress. Requires that applications and proposals for such awards be assessed through peer review procedures. Requires the Secretary to designate an Advisory Panel to: (1) give advice on his or her responsibilities under this Act; (2) make recommendations on specific opportunities or problems regarding research support of nonanimal testing; and (3) set up a system for insuring that applications or proposals meeting the requirements of this title receive full consideration for funding by the Department or for funding under this title. Makes funds for making awards under this title available through the allocation of research resources within the Department. Provides that the Secretary, consulting with the Environmental Protection Agency and other regulatory and scientific research agencies, shall direct the National Institutes of Health, the Food and Drug Administration, and the National Toxicology Program to: (1) promote new nonanimal testing methods; (2) evaluate existing nonanimal methods; (3) enhance and integrate data systems for more efficient use of test data involving animals; and (4) develop new methodologies for the toxicology data systems. Requires the Secretary to report to the Speaker of the House of Representatives and the President of the Senate on progress under this Act within two years after enactment of this Act and biennially thereafter. Title II: Federal Award Requirements - Requires that a research entity be accredited by a recognized accrediting agency in order to be eligible to receive a Federal award for testing involving a large number of animals. Requires the Secretary to designate accrediting agencies which: (1) are able to ascertain the qualifications of research entities to conduct testing involving animals; (2) have an accreditation system; (3) have a system for routine inspection of laboratory animal facilities at accredited research entities; (4) have established a set of standards for acceptable animal care, treatment, and use in experimental procedures; and (5) have established a mechanism for liaison with the institutional animal studies committees in accredited research entities and for the involvement of such committees in monitoring compliance with the accreditation standards. Requires research entities to comply with accreditation standards ten years after the date of enactment of this Act. Authorizes provisional accreditation in the interim period. Provides for the establishment of a Federal accreditation mechanism if there are no private agencies to carry out such functions. Provides that in order to be eligible for a Federal award for testing involving large numbers of animals, a research entity must provide to the responsible Federal agency a statement of assurances that: (1) the research entity has established an institutional animal studies committee; (2) the committee will meet regularly, make periodic inspections of all animal study areas and facilities of the research entity, review research methods and practices, and file with the responsible Federal agency certification that such inspections and reviews have occurred and reports on deficient animal care or treatment conditions; (3) the committee will maintain complete records of its activities; (4) committee members will be encouraged to notify the Animal and Plant Health Inspection Service of the Department of Agriculture, the responsible Federal agency, and the applicable accrediting agency of any unacceptable animal care conditions with respect to the research entity; and (5) the committee will establish courses, for personnel involved with animal care and use, on humane animal maintenance and experimentation and on research or testing methods that minimize animal use and animal distress. Requires that Federal support be withheld where animal care conditions are unacceptable despite notification to the research entity. Requires research entities to inform their employees of the provisions under this title and to instruct employees to report violations to the animal studies committee. Authorizes the Secretary to waive accreditation requirements under certain circumstances. Directs the Secretary to facilitate agency compliance with this title through the establishment of an information clearinghouse on animal research methods and models. Title III: Special Procedures - Prohibits Federal agency approval of a research proposal involving animal use, unless such proposal justifies any anticipated animal distress in terms of research benefits and provides for the consulting services of a veterinarian, the proper use of tranquilizers, analgesics, anesthetics, and paralytics, appropriate pre- and postsurgical care, and the limited use of animals in major operations. Makes regulations promulgated under this Act ineffective if disapproved by either House of Congress within 60 days after proposal. Title IV: Exemption - Exempts from the requirements of this Act: (1) activities intended to improve animal health, breeding, or management or wild animal conservation; and (2) specific experiments or research programs for which such requirements would present national security risks or risks to the safety of manned space flight. Title V - Terminates all authority conferred by this Act ten years after enactment.
United States · United States Congress · 28 July 1982
Amends the Internal Revenue Code to extend the targeted jobs tax credit from 1982 to 1983. Includes economically disadvantaged individuals who have attained the age of 55 as members of a targeted group for purposes of such credit.
United States · United States Congress · 15 July 1982
Residential Mortgage Investment Act of 1982 - Permits employee benefit plans, as defined under this Act, to engage in any qualified mortgage transaction involving any qualified residential mortgage loan, provided transactions between all parties are at arm's length. Permits such plans to participate in any mortgage pool, provided such pool conforms to specified requirements with regard to permitted investments. Authorizes the Secretary of the Treasury to prescribe regulations to carry out this Act. Provides that this Act shall supersede any and all contrary provisions of State law, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code. Prohibits the imposition of Federal excise tax on a plan or pool that engages in a transaction described under this Act.
United States · United States Congress · 14 July 1982
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 · 13 July 1982
Expresses the sense of the House of Representatives that the Speaker of the House should appoint an independent prosecutor to investigate allegations concerning drug abuse and sexual misconduct by Members of the House and pages. Declares that such investigation should not interfere with the criminal investigation being carried out by the Department of Justice.
United States · United States Congress · 22 June 1982
Amends the Internal Revenue Code to authorize the Secretary of the Treasury to prescribe regulations exempting retirees or individuals over age 65 from interest penalties with respect to any underpayment of estimated tax. Requires that such underpayment be due to reasonable cause (defined to include mistake or ignorance of the law) and not to willful neglect.
United States · United States Congress · 10 June 1982
Prohibition of Mandatory Retirement and Employment Rights Act of 1982 - Amends the Age Discrimination in Employment Act of 1967 to eliminate the upper age limitation of the class of persons to whom such Act applies.
United States · United States Congress · 8 June 1982
Expresses the sense of the Congress that: (1) nursing facility Medicare compliance surveys should be conducted at least annually; (2) Federal funds for such surveys should continue; (3) the Joint Commission on Accreditation of Hospitals should not have the authority to certify Medicare compliance; and (4) the proposed Department of Health and Human Services health care facilities certification regulations should not be adopted.
United States · United States Congress · 27 May 1982
Expresses the sense of the House of Representatives that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 26 May 1982
Handicapped Infants Protection Act of 1982 - Amends the Child Abuse Prevention and Treatment Act to require the National Center on Child Abuse and Neglect to conduct a study of child abuse or neglect in federally assisted or operated health care facilities. Directs the Secretary of Health and Human Services to: (1) report the results of this study to the Congress within three months; and (2) give priority to information about adoption and foster care of handicapped infants. Prohibits doctors or other health care facility personnel from withholding nutrition or medical treatment from a handicapped infant. Provides a private right of action for violations of this Act. States that any punitive damage awards shall be used for the benefit of the infant involved in the suit, or if deceased, for research and treatment of handicapped infants. Directs the Center to establish and disseminate violations reporting procedures. Provides civil and criminal immunity and job protection for persons reporting such violations. Requires health care facilities to provide parents or guardians of handicapped infants with information about agency assistance for these infants.
United States · United States Congress · 25 May 1982
Veterans' Organizations Tax Reform Act - Amends the Internal Revenue Code to provide that an organization of war veterans shall not be exempt from taxation if a substantial part of its activities consists of carrying on propaganda, or otherwise attempting to influence legislation with respect to matters not related to veterans affairs. Defines "veterans affairs" as issues directly relating to: (1) programs and benefits for veterans and the surviving spouses and children of veterans; and (2) the armed forces of the United States and national defense.
United States · United States Congress · 21 May 1982
Professional Sports Stabilization Act of 1982 - Declares that it shall not be unlawful under any antitrust law for a professional sports league and its member clubs to enforce rules: (1) requiring approval by the league membership for the relocation of a member club; or (2) providing for the division of league or member club revenues that promote comparable economic opportunities for member clubs. Prohibits State and local governments from imposing limitations on the collective conduct of sports leagues or member teams authorized by this Act. Specifies the applicability of this Act to actions commenced under the antitrust laws before its enactment.
United States · United States Congress · 19 May 1982
Expresses the sense of the House of Representatives that no further reductions should be made in the funding currently available for FY 1983 for programs administered under the Older Americans Act of 1965.
United States · United States Congress · 11 May 1982
Permits any parcel of food, medicine, or clothing weighing not more than 22 pounds to be mailed for free from the United States to Poland, if it may be opened by the Postal Service for inspection. Authorizes appropriations. Authorizes such mailing privilege for a period of two years.
United States · United States Congress · 6 May 1982
Used Car Fair Dealing Act of 1982 - Makes it a deceptive act or practice in violation of the Federal Trade Commission Act for any used vehicle dealer in the course of a sale to: (1) misrepresent the mechanical conditions of the vehicle; (2) fail to disclose any material defect or condition known to the dealer; (3) represent that the vehicle is free from material defects without a reasonable basis for such representation; (4) fail to provide a written copy of the warranty offered in connection with the sale; (5) misrepresent the terms of the warranty; (6) represent that a used vehicle is sold with a warranty when the vehicle is sold without such warranty; or (7) fail to disclose that a vehicle is sold without any warranty. Requires the dealer to prepare and display on such a vehicle a "Used Car Buyers Guide" reciting the specific terms of the warranty if one is given and clearly stating all disclosures. Requires the dealer to provide the consumer with a copy of such window form. Disallows any oral or written statements of the dealer which alter or contradict the disclosures required by this Act. Requires the window form to be in Spanish if the dealer conducts the sale of the used vehicle in Spanish. Requires the dealer to disclose any material defect in, or material condition of, the used vehicle of which the dealer has knowledge as a result of any inspection or test. Grants State exemptions from the requirements of this Act in certain situations.
United States · United States Congress · 6 May 1982
National Crude Oil Profit-Sharing Act of 1982 - Title I: National Crude Oil Profit-Sharing Tax - Amends the Internal Revenue Code to impose a severance tax on crude oil. Sets the rate of such tax at 30 percent of the removal price of such oil. Defines "removal price" as the amount for which the taxable crude oil is sold. Requires withholding of such tax by the first purchaser. Exempts from such tax any oil produced by a qualified charitable interest. Establishes in the Treasury an Energy and Economic Development Trust Fund (Trust Fund). Allocates to such trust fund 25 percent of the revenues raised by such severance tax. Title II: State Energy and Economic Development Block Grant Program - Authorizes the Secretary of the Treasury to make block grants out of such trust fund to the States for energy and economic development. Provides that 50 percent of such grants shall be alloted to the States for energy and 50 percent for economic development. Sets forth rules for determining the amount allocable to each State. Sets forth application and State public hearing requirements. Requires the chief executive officer of any State receiving such grants to: (1) certify that the State agrees to specified conditions; and (2) prepare and furnish a compliance plan to the Secretary. Allows the Secretary, after notice and opportunity for a hearing, to withhold funds from any State which fails to meet the requirements of this Act or of its own compliance plan. Title III: Limitation on Certain State Severance Taxes - Limits severance taxes imposed by any State with respect to crude oil, natural gas, or coal transported outside such State. Sets such limit at the higher of: (1) the adjusted 1978 State tax rate; or (2) the adjusted 1978 national average tax rate.
United States · United States Congress · 28 April 1982
Excludes amounts received under a veteran's educational assistance program for purposes of determining such veteran's eligibility for any other federally funded educational assistance program.
United States · United States Congress · 27 April 1982
Directs the Secretary of Transportation to make grants to States which adopt and implement programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol. Limits the receipt of such grants to three fiscal years and sets forth the Federal share payable for each successive year. Requires the Secretary to establish criteria for the grants based on areas of consideration provided under this Act. Authorizes appropriations from the Highway Trust Fund for fiscal years 1983 through 1985. Directs the Secretary to issue regulations to implement such traffic safety programs after a period for public comment. Sets the effective date of such regulations, unless they are disapproved by either House of Congress.
United States · United States Congress · 22 April 1982
Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940 and the Investment Advisers Act of 1940 to include within the definition of "securities" for the purposes of such Acts any put, call, straddle, option, or privilege on any security or certificate of deposit or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency. Amends the Securities Exchange Act of 1934 to grant the Securities and Exchange Commission the authority to regulate the trading of such securities.
United States · United States Congress · 22 April 1982
Entitles to an increased rate of monthly compensation veterans with service-connected total blindness and a hearing impairment rated at 20 percent (currently 60 percent) or more disability, or has total service-connected deafness in one ear, or has suffered the anatomical loss or loss of use of a hand or of a foot.
United States · United States Congress · 22 April 1982
Entitles veterans with service-connected, total blindness without light perception in both eyes to the same rate of monthly disability compensation as is paid for the anatomical loss of both eyes.
United States · United States Congress · 20 April 1982
Expresses the sense of the House of Representatives that neither the President nor Congress should impose import fees on crude oil or refined petroleum products.
United States · United States Congress · 31 March 1982
Enterprise Zone Tax Act of 1982 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 25 nominated areas per year. Limits the period during which such designation shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 2,500 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on December 31, 1985. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Title II: Federal Income Tax Incentives - Subtitle A - Credits for Employers and Employees - Amends the Internal Revenue Code to allow employers a nonrefundable income tax credit for ten percent of the increase in payroll for all employees, taking into account a maximum of $15,000 in wages per employee. Allows such credit only for wages paid to employees who perform 90 percent of their services in work directly related to the conduct of the taxpayers' business located in the enterprise zone and who perform 50 percent of their services within such zone. Phases out such credit in the last three years of the enterprise zone designation. Allows a nonrefundable income tax credit for employers equal to 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit by ten percent a year beginning in the fourth year after such designation. Requires a recapture of such credit for the early termination of such employees. Disallows a deduction for the portion of wages or salaries subject to such credit. Requires employers to furnish to each employee a written statement showing the amount of wages paid to such employee. Provides an income tax credit for enterprise zone employees equal to five percent of the first $9,000 of wages received each year. Phases out such credit in the last four years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Expresses the sense of Congress that if the minimum tax is modified, enterprise zone capital gain will be excluded in computing minimum taxable income. Subtitle D: Extension of Carryover Periods - Extends the net operating loss and investment tax credit carryover period to the longer of 15 years or the duration of the enterprise zone designation for businesses operating in such zones. Subtitle E: Rules Relating to Industrial Development Bonds - Provides that rules relating to small issue tax-exempt industrial development bonds now in effect shall apply to bonds used to finance land or other depreciable property located in an enterprise zone, even if such rules are subsequently changed. Subtitle F: Sense of the Congress With Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions, to include qualified businesses (as defined in Title II of this Act), designating governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by designating governments, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows the waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and the Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to and expedite applications for the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 31 March 1982
Expresses the sense of the House of Representatives that: (1) graduate and professional students should remain eligible for guaranteed student loans under the Higher Education Act of 1965; (2) Congress should provide Pell grant assistance for academic year 1982 through 1983 that fully funds the need analysis criteria of January 6, 1982, in order to provide assistance to 2,600,000 needy students; and (3) Congress should not further reduce the amount of funds available for campus-based student assistance programs under the Higher Education Act of 1965 below the levels established by the Omnibus Reconciliation Act of 1981.
United States · United States Congress · 29 March 1982
Energy Equity Act of 1982 - Amends the Energy Security Act to require the U.S. Synthetic Fuels Corporation, prior to awarding financial assistance for a synthetic fuel project pursuant to such Act, to collect a fee equal to 20 percent of such financial assistance. Provides for the deposit of such fee in the Energy Equity Account for use solely for low-income home energy assistance and weatherization and for housing assistance. Restricts the use of appropriations authorized under such Act to awards and commitments for financial assistance made on or before September 30, 1982. Provides that 50 percent of all other amounts appropriated under such Act and unobligated at the end of FY 1982 shall be deposited as miscellaneous receipts of the Treasury. Requires that the remaining 50 percent of such amounts be deposited in the Energy Equity Account and used solely for low-income home energy assistance and weatherization and for housing assistance. Directs the Secretary of the Treasury to establish in the Treasury the Energy Equity Account which shall consist of: (1) the fees collected by the Corporation pursuant to this Act; and (2) the appropriations unobligated by the Corporation at the end of FY 1982. Makes two-thirds of the receipts of the Account available for low-income home energy assistance and weatherization and one-third of such receipts available to encourage the production and sales of housing. Provides that unobligated appropriations may be used for such assistance only in the form of loans or loan guarantees. Amends the Energy Security Act to terminate the U.S. Synthetic Fuels Corporation on September 30, 1984. (Currently, the Corporation shall terminate on September 30, 1997.) Prohibits the authorization of appropriations after the enactment of this Act. Amends the Low-Income Home Energy Assistance Act of 1981 to require States applying for home energy grants to agree to consider and use a system under which low-income households receive vouchers for home energy.
United States · United States Congress · 29 March 1982
Authorizes the President to designate April 4, 1982, as the National Day of Reflection. Notes that such date coincides with the 80th birthday of Rabbi Menachem Mendel Schneerson, head of the Lubavitch movement.
United States · United States Congress · 29 March 1982
Declares that the United States should propose to the Soviet Union: (1) a long-term, mutual, and verifiable nuclear forces freeze at equal and sharply reduced levels of forces; and (2) practical measures to reduce the danger of an accidental nuclear war and to prevent the use of nuclear weapons by third parties. States that the United States and the Soviet Union should channel their resources away from nuclear armaments and towards fighting poverty, hunger, and disease. Declares that the United States should continue to work for balanced arms reductions.
United States · United States Congress · 25 March 1982
Expresses the sense of the House of Representatives that changes to the Railroad Retirement Act of 1974 proposed in the FY 1983 budget should not be implemented.
United States · United States Congress · 24 March 1982
States that the Federal Government should restore balance to the Department of Energy's FY 1983 budget by maintaining funding for energy conservation, renewable energy, and weatherization programs and by distributing information on conservation and renewable energy.
United States · United States Congress · 15 March 1982
Designates the week beginning on May 9, 1982, as Senior Center Week. Requests the President to include the designation of such week as part of the proclamation issued for Older Americans Month.
United States · United States Congress · 15 March 1982
Declares that if Israel or any other democratic state is denied its rights and privileges in the United Nations General Assembly the United States will suspend its participation in the General Assembly and will withhold its contribution to the United Nations until the action is reversed.
United States · United States Congress · 9 March 1982
Senior Citizens Environmental Employment Act of 1982 - Directs the Administrator of the Environmental Protection Agency (EPA) to develop opportunities for senior citizens to participate in programs designed to assist Federal, State, and local environmental agencies in carrying out pollution control programs. Requires that such programs: (1) be designed in consultation with the Secretary of Labor and the Administrator of the Administration on Aging; and (2) ensure that program participants meet participant eligibility requirements under the Older Americans Act Amendments of 1981 and the Comprehensive Employment and Training Act (CETA). Allows such program to include (but does not limit it to) projects such as: (1) air monitoring and emission testing; (2) pesticides inventory and control; (3) water quality or supply sampling and monitoring; (4) technical libraries and public information; (5) carcinogenic survey and followup; (6) hazardous materials routing survey; (7) rural health screening and migrant workers; and (8) noise abatement and control. Directs the Administrator of the EPA to report to the Congress within 180 days of enactment of this Act. Directs the Administrator of EPA to: (1) commence negotiations within 30 days of enactment with the Secretary of Labor and the Administrator of the Administration on Aging to develop rules and regulations for establishment of the Corps; and (2) consult with affected and interested representatives of national aging organizations and State and local environmental agencies. Authorizes the Administrator of the EPA to: (1) enter into agreements with public and private institutions and individuals for an effective system of using senior citizens eligible for participation in environmentally related programs under the Older Americans Act Amendments of 1981 and CETA; (2) make grants or cooperative agreements to carry out this Act; (3) maintain Corps enrollees within the EPA and with State and local environmental agencies; and (4) train Corps enrolles. Prohibits funding under this Act for any State or local environmental agency for employment of an enrollee which would: (1) displace current agency employees, partially or totally; (2) occur while any other person is in a layoff status from a substantially equivalent job with the agency; or (3) impair existing contracts for services. Authorizes appropriations in FY 1982 through FY 1985 to the Administrator of the EPA to carry out the administrative provisions of this Act. Declares that environmentally related programs described under this Act are fully eligible for funding made available through the Older Americans Act Amendments of 1981 and CETA.
United States · United States Congress · 4 March 1982
Occupational Health Hazards Compensation Act of 1982 - Establishes a workers' compensation system for occupational diseases related to exposure to asbestos or uranium ore. Provides for compulsory coverage of all employers and employees under this Act. Provides for compensation for death or for permanent total or permanent partial disability. Sets monetary benefits payable for death or total disability at two-thirds of the employee's average weekly wage over a specified period. Limits the amount of such weekly payments to: (1) no more than twice the national average weekly wage; and (2) no less than half the national average or the employee's actual average weekly wage, whichever is less. Sets forth provisions for survivors' benefits. Sets monetary benefits for payable partial disability at two-thirds the difference between pre- and post- disability earnings. Provides for redeterminations of benefits based on changes in degree of disability. Provides for medical benefits covering all reasonable and necessary expenses for treatment of such diseases. Provides for annual adjustments of maximum benefit limits to reflect increases in the national average weekly wage, but limits such adjustments to no more than a six percent increase in any one year. Provides that employee or survivors' monetary benefits under this Act shall be considered income for purposes of disability and retirement benefits computation under the Social Security Act. Provides that, in cases of medicare beneficiaries, medical benefits under this Act shall be the primary means of payment of medical expenses resulting from the occupational disability. Provides that there shall be no maximum limitation on the total amount of monetary or medical benefits payable under this Act. Makes ineffective any compromise or release of monetary or medical benefits unless approved by the Secretary of Labor ("the Secretary") as in the best interest of the claimant and sufficient for future medical care. Makes ineffective any waiver or release relating to future coverage or compensation under State workers' compensation laws or under this Act which is executed prior to death or onset of disability resulting from exposure to asbestos or uranium ore. Provides that a claimant is eligible for compensation if: (1) the employee was exposed to asbestos or uranium ore in the course of employment; (2) the employee is or was permanently disabled, or died, because of a disease associated with such exposure and arising out of and in the course of employment; and (3) an award of compensation for such disability or death has not been made under a State law or the Longshoremen's and Harbor Workers' Compensation Act ("Longshore Act"). Provides that, for claims based on exposure to asbestos in the course of employment: (1) mesothelioma of the pleura or peritoneum, asbestiosis, and lung cancer evidencing asbestiotic changes shall be irrebutably presumed to have resulted from such exposure; (2) lung cancer without radiological or histological evidence of asbestotic changes shall be presumed to have resulted from such exposure; and (3) any other causes of disability or death must be determined to have been significantly and substantially contributed to by such exposure. Provides that, for claims based on exposure to urainum ore in the course of employment: (1) lung cancer shall be rebuttably presumed to have resulted from such exposure, if the employee was engaged in mining or processing uranium ore for at least two years; and (2) any other causes of disability or death must be determined to have been significantly and substantially contributed to by such exposure. Sets forth procedures for making claims. Requires that a notice be given to the employer and the Office of Workmens' Compensation Programs in the Department of Labor within one year after the date of onset of disability or the death, with specified exceptions. Requires that claims be filed with the Office within two years after such date, with specified exceptions. Declares that there is no limitation on filing of claims based on length of time since the employee was last employed or last exposed to asbestos or uranium ore. Sets forth procedures for adjudication of claims. Directs the Office of Workers' Compensation Programs to ascertain whether the employer named in the claim notice is a responsible employer. Directs the Office, upon determination that no employer is a responsible employer, to: (1) notify the State insurance commissioner of the State where the employer named in the claim notice resides or has a principal place of business; and (2) upon determination of the claimant's eligibility, assign responsibility to the appropriate compensation excess liability fund in such State. Requires that the State insurance commissioner be given opportunity for a hearing to present evidence on any determination that there is no responsible employer. Directs the Office to order hearings by an administrative law judge on any claim investigation upon application of the claimant, the responsible employer, or the responsible employer's insurance carrier, before issuing an order awarding or denying compensation. Provides for appeals of Office awards or denials of compensation to the Benefits Review Board established under the Longshore Act (which provides for review of Board orders by U.S. courts of appeals). Makes compensation under this Act the exclusive remedy for asbestos or uranium ore claimants against the employer, the employer's insurance carrier, and any collective-bargaining agent of the employer's employees (and any employee, officer, director, or agent of such parties). Provides that, for asbestos liability actions brought against any third party, other than the above parties, prior to the effective date of this Act, any recovery in such actions after the effective date of this Act shall be reduced by the amount of the compensation awarded and the present value of all future compensation payable under this Act. Prohibits: (1) employer or employer insurance carrier liens upon judgments in such actions; and (2) monetary damage suits brought by liable third parties against immune parties. Provides that, after the effective date of this Act, compensation under this Act will be the exclusive remedy of asbestos claimants not only against the parties previously described but also against any manufacturer or importer of asbestos or products containing asbestos (if such manufacturers or importers participate in the Asbestos Compensation Excess Fund). Makes every employer responsible for payment of compensation which may be payable under this Act. Requires each employer to secure such payment by: (1) insuring such payment with an insurer who is authorized by State and Federal law and by the Secretary of Labor; or (2) furnishing proof of its ability to pay such compensation directly and being authorized to do so by the Secretary. Authorizes the Secretary to: (1) set specified conditions for employer self-insurers; and (2) suspend or revoke qualified carrier authorizations for good cause shown after a hearing. Requires employers to post notices relating to such secured compensation. Directs the Secretary to prescribe regulations requiring employers' carriers to discharge employer duties and obligations. Sets forth requirements for insurance contracts or policies issued under authority of this Act. Sets civil penalties for employers who have not secured compensation payment. Sets forth provisions for assignment of liability for payment. Assigns asbestos compensation payment liability to: (1) the employer who last employed the employee, unless such employer can prove that it did not expose the employee for two years or more or that the exposure was only casual and sporadic; or (2) (if the last employer sustains such burden of proof) the Asbestos Compensation Excess Liability Fund. Assigns uranium ore compensation payment liability to: (1) the last employer, unless it can prove that it did not employ the employee in uranium ore mining or processing, that it did not expose the employee for two years or more, or that the exposure was casual and sporadic; or (2) (if the last employer sustains such burden of proof) the Uranium Ore Compensation Excess Liability Fund. Establishes the Asbestos Compensation Excess Liability Fund ("Asbestos Fund") and the Uranium Ore Compensation Excess Liability Fund ("Uranium Ore Fund") to pay all compensation benefits awarded where no employer responsible for such benefits has been identified or determined under this Act. Directs the Secretary to determine yearly amounts of contributions to be made to both Funds and to make State allocations in consultation with the State insurance commissioners. Directs the Secretary to provide for the collection of contributions to the Asbestos Fund as follows: (1) 50 percent from manufacturers and importers of asbestos and of products of which asbestos is a significant constituent element; (2) 30 percent from manufacturers and importers of products containing asbestos but not as a significant constituent element; and (3) 20 percent from employers who expose employees to asbestos in the course of employment. Provides that no manufacturer or importer of asbestos or products containing asbestos shall enjoy the limitations of third party liability under this Act: (1) for any period during which it has not paid a due contribution to the Fund; or (2) if it does not participate in the Fund. Bases manufacturers' and importers' contributions on their sales of asbestos and asbestos-containing products during the previous 15 years or, if the Secretary determines that this does not reflect overall market share, during any 15-year period since January 1, 1940. Directs the Secretary to hold the sums collected for the Asbestos Fund and disburse to the State insurance commissioners, for deposit in the Asbestos Fund established in each State, such sums as may be necessary to meet the anticipated obligations of each State Asbestos fund. Requires that such deposits be in accordance with the yearly allocation formula, but authorizes the Secretary to change the ratio of deposits among the states to meet the actual needs of each State Asbestos Fund. Authorizes the Secretary to bring civil actions and to assess civil penalties against manufacturers or importers who fail or refuse to pay assessed contributions to the Asbestos Fund. Makes successor operators of entities acquired on or after January 1, 1940, liable for Asbestos Fund contributions which would have been payable by prior operators. Treats successor or parent corporations as responsible for Asbestos Fund contributions when manufacturers or importers cease to exist for specified reasons. Directs the State insurance commissioners to collect employers' contributions to the Asbestos Fund as: (1) a surcharge on such employers' workers' compensation insurance, in amounts appropriate for the size and category of the employer's enterprise; and (2) an equivalent fraction of the applicable payroll of self-insured employers. Requires, if Asbestos Fund or Uranium Ore Fund assessments or collections in any year are in excess of liabilities, that contributions for the following year be adjusted to reflect the claims experience during the previous year and that assessment reductions be allocated among contributors. Directs State insurance commissioners to collect contributions to the Uranium Ore Fund from employers who expose employees to uranium ore in the course of employment as: (1) a surcharge on the employers' workers' compensation insurance, in amounts appropriate to the size and category of the employer's enterprise; and (2) as an equivalent fraction of the applicable payroll of self-insured employers. Requires that such contributions be separately aggregated in each State to meet Uranium Ore Fund obligations in each State. Requires that surcharges be added to each contribution to the Asbestos Fund and the Uranium Ore Fund in amounts equal to: (1) ten percent of each contribution, for Federal administrative costs under this Act (with reduction of this surcharge if collections exceed such costs); and (2) one percent of each contribution, for surveillance and medical treatment research of occupationally related diseases. Requires that compensation under this Act be paid: (1) in accordance with State workers' compensation benefit schedules; (2) promptly and directly to the entitled person, without an award, except where liability is controverted by the employer; and (3) in cases of employer controversion, upon issuance of a final compensation order. Requires the employer or employer's insurance carrier to: (1) give specified types of notice upon first payment or upon suspension of payment; and (2) file annual reports detailing monetary and medical benefits paid. Sets civil penalties for failure to file such notices. Directs the Office to: (1) investigate any suspension of payments; and (2) in cases of improper suspension, order the employer to recommence payment and pay all suspended payments plus 20 percent annual interest. Provides for appeals of orders with respect to suspended payments. Provides for 20 percent additional compensation in cases of late payments. Sets forth provisions for representation and witness fees in compensation payment disputes, to be paid by the employer or the employer's insurance carrier to the claimant's representative. Sets criminal penalties for: (1) receiving any unapproved consideration or gratuity for representative services; or (2) soliciting employment as a representative in such disputes. Sets forth prohibitions and civil penalties against discrimination by any employer, insurance carrier, or other person against any employee because such employee: (1) filed a disability notice or compensation claim under this Act; (2) caused any proceeding under or related to this Act to be instituted or brought a damage suit for occcupational exposure to asbestos or uranium ore; (3) is disabled by such exposure; or (4) was previously employed in the asbestos industry or the uranium mining or milling industry or in any course of employment where there was or may have been exposure to asbestos or uranium ore. Directs the Secretary to investigate allegations by employees of employer discrimination. Provides, at the request of any party, for public hearings before an administrative law judge to present information relating to alleged violations. Directs the Secretary to make findings of fact and to issue appropriate orders. Requires that any employee so discriminated against be restored to employment and be compensated for lost wages and fringe benefits. Makes the employer alone and not the carrier responsible for such penalties and payments. Directs the Secretary of Health and Human Services, in coordination with the Secretary, to conduct research into improved means of: (1) surveillance of workers exposed to occupational health hazards; and (2) medical treatment of workers exposed to occupational hazards. Requires that such research and surveillance programs be conducted with funds available under the surcharge established in this Act. Establishes the Occupational Disease Surveillance and Medical Treatment Research Advisory Committees. Requires the Committee to report annually to the Congress, to the Secretary of Health and Human Services, and to the Secretary. Directs the Secretary of Health and Human Services to: (1) review current medical and scientific studies and reports concerning the incidences of disease associated with employment; (2) report annually to the Secretary on such current research; and (3) upon finding disease incidence 30 percent more than that of the population at large among workers exposed to given toxic substances or physical agents or among a group of workers, recommend that the Secretary prepare legislation for submission to Congress to appropriately amend this Act to cover such diseases and groups of workers. Directs the Secretary, upon receipt of such report, to prepare: (1) an annual report to the Congress describing medical and scientific data on incidences of diseases associated with employment in the United States and the compensation of workers disabled by such diseases; and (2) legislative recommendations to the Congress in accordance and consistent with the recommendations of the Secretary of Health and Human Services, including eligibility criteria recommendations. Requires the appropriate committees of the Congress, to which such report is referred, to explain to their respective Houses if they have not reported legislation amending this Act within 90 days after such referral or report. Sets forth separability and effective date provisions.
![Official portrait of Rep. Rinaldo, Matthew J. [R-NJ-7]](https://www.congress.gov/img/member/r000262_200.jpg)