United States · United States Congress · 2 October 1982
Establishes a peacetime veterans' educational assistance program for persons who served on active duty or in the Selected Reserve after August 31, 1983. Sets forth the eligibility requirements for such assistance based on period and type of service. Creates a basic entitlement of 24 months of assistance for the first 24 months of service with an additional month of assistance for each additional month of service, up to a total of 36 months. Establishes a delimiting period for the use of such assistance of ten years after discharge. Excepts those suffering from a physical or mental disability which prevented their completing their education and persons held as prisoners of war. Directs the Administrator of Veterans' Affairs to pay a subsistence allowance to eligible veterans in specified amounts. Permits educational benefits to be transferred by the eligible person to a spouse or child. States that appropriations for this program be considered as made for the functions of the Department of Defense rather than for the functions of the Veterans Administration. Prohibits persons eligible for this program from participating in the Post-Vietnam Era Veterans' Educational Assistance Program. Directs the Secretary of Defense to report to Congress on whether the program should be expanded to attract and retain certain qualified persons. Permits the Secretary concerned to grant educational leave for up to 12 months if the person concerned agrees to serve two months for each month off. Sets forth other conditions of such leave, including pay and eligibility for retired pay. Permits such Secretary to cancel this leave in time of war or national emergency or if he determines the member is not pursuing his education satisfactorily. States that there shall be no increase in pay for members in pay grade E-1 in FY 1983 and 1984 unless an increase becomes unavoidable through the general pay increase requirements.
United States · United States Congress · 1 October 1982
Title I: Armed Forces, Soldiers' Home, Coast Guard, Lighthouse Service, and Merchant Marine - Amends Federal Military laws dealing with the Army, the Navy, the Air Force, and the Coast Guard to eliminate gender-based distinctions. Title II: Elimination of Gender-Based Distinctions Under the Old Age, Surviviors, and Disability Insurance Program, Railroad Retirement and the Work Incentive Program - Eliminates gender-based distinctions in the social security and railroad retirement programs. Title III: Amendments to United States Code - Amends the Immigration and Nationality Act, the Walsh-Healey Act, the Child Nutrition Act of 1966, the Federal Criminal Code and other Acts dealing with Indian affairs, transportation, public lands and provisions relating to Saint Elizabeth Hospital and contract law to eliminate gender-based distinctions.
United States · United States Congress · 1 October 1982
White Earth Reservation Land Settlement Act of 1982 - Directs the Secretary of the Interior to determine which allotments of the White Earth Reservation in Minnesota granted to Chippewa Indians, during the period that the United States held such allotments in trust for the allottees, were: (1) tax forfeited, sold or mortgaged without the Secretary's approval; (2) sold or mortgaged by administrators under authority of State courts; or (3) claimed by other parties under specified circumstances. Directs the Secretary to publish a list of allotments not meeting such criteria in specified newspapers. Ratifies and confirms such tax forfeiture, sale, mortgage, or other taking of such allotments. Directs the Secretary to: (1) determine, according to certain guidelines, the compensation to be paid to allottees for losses suffered as a result of such ratification and confirmation; (2) notify the allottees of such compensation determinations and the time limits for appealing such determinations; and (3) make a diligent effort to locate compensation recipients to distribute such compensation. Permits the Secretary to declare as forfeited any compensation owed to a recipient who cannot be found after two years and to deposit such amount to the credit of the White Earth Band of Chippewa Indians. Bars any court actions contesting the validity of any such tax forfeiture, sale, mortgage, or other taking of allotments, except actions to contest a final decision of the Secretary's determinations under this Act. Directs the Secretary to adopt regulations implementing this Act within 18 months of its effective date. Authorizes appropriations.
United States · United States Congress · 1 October 1982
Designates 1983 as the "Tricentennial Anniversary Year of German Settlement in America". Expresses congressional support for the President's Youth Exchange Initiative, and especially the concept of a United States-German teenage exchange sponsored by the Congress and the West German Bundestag.
United States · United States Congress · 30 September 1982
Emergency Unemployment Compensation Act of 1982 - Authorizes States with approved unemployment compensation laws with extended compensation provisions to enter into and participate in (and to terminate upon 30 days' written notice) agreements with the Secretary of Labor that State agencies will make emergency compensation payments. Declares eligible for such payments individuals who have exhausted all rights to regular State compensation and Federal supplemental compensation, who have no rights to State or Federal compensation, and who are not receiving Canadian compensation for any week of unemployment which begins in an emergency benefit period and the individual's eligibility period. Prohibits such payments for any week of unemployment which begins more than two years after the end of the benefit year for which the individual exhausted regular compensation rights. Declares that an emergency benefit period shall: (1) begin with the third week after a week for which there is an area "emergency on" indicator (when the rate of insured unemployment in such area for such week and the immediately preceding 13 weeks equaled or exceeded six percent); and (2) end with the third week after the first week for which there is an area "emergency off" indicator (when the rate of insured unemployment in such area for such week and the immediately preceding 13 weeks is less than six percent). Requires that, in the case of any area of a State, no emergency benefit period shall last for a period of less than 13 consecutive weeks. Requires that the amount of emergency compensation payable to any individual for any week of total unemployment be equal to the regular compensation payable to such individual during his or her benefit year under State law. Requires that, under such agreements, States establish an emergency compensation account for each eligible applicant, in an amount equal to the lesser of 50 percent of the total amount of regular compensation payable to such applicant during his or her most recent benefit year or 13 times the average weekly benefit amount for such year. Requires that each State which has entered into such agreement be paid an amount equal to 50 percent of the emergency compensation paid to individuals by the State pursuant to such agreement. Directs the Secretary of the Treasury to make such payments to each State in sums certified by the Secretary of Labor, by transfers from funds appropriated under this Act to the account of such State in the Unemployment Trust Fund. Authorizes appropriations to carry out this Act. Sets forth provisions relating to the determination of individual eligibility when an emergency benefit period is not in effect in all areas of a State. Provides penalties for individuals involved in misrepresentation with regard to such emergency payments. Authorizes States to require individuals to repay amounts of emergency compensation to which they were not entitled, and to waive such repayments in cases where the individual was without fault and where repayment would be contrary to equity and good conscience. Authorizes States to deduct such amounts to be repaid from various types of unemployment compensation payable to such individual and administered by State agencies. Limits any single deduction to no more than 50 percent of the weekly benefit amount from which such deduction is made. Requires notice and opportunity for a fair hearing for an individual, and an appropriate review, before such deductions are made.
United States · United States Congress · 30 September 1982
Expresses the sense of the Congress that the President should immediately notify the Soviet Union that the United States is willing to reconvene bilateral negotiations on a treaty to prohibit the further development, production, and stockpiling of chemical weapons and to provide for the destruction of existing chemical weapons.
United States · United States Congress · 30 September 1982
Declares that it should be U.S. policy to: (1) support the people of Afghanistan in their struggle to be free from foreign domination; (2) provide the Afghans, upon request, with material assistance; and (3) pursue a negotiated settlement of the war in Afghanistan based on the total withdrawal of Soviet troops and the recognition of the right of the Afghans to choose their own destiny.
United States · United States Congress · 23 September 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 ths title receive full consideration for funding by the Department or for funding under this title. Requires the Panel to report to the Secretary three years after enactment of this Act on the impact of this Act on industry costs, research, product prices, and progress in labor accreditation. 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 activities intended to improve animal health, breeding, or management or wild animal conservation and 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: Termination - Terminates all authority conferred by this Act ten years after enactment.
United States · United States Congress · 23 September 1982
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to permit an individual who has been found to be no longer eligible for disability benefits and who has requested a hearing on such determination to elect to have the payment of such benefits continued during the period of appeal. Provides that if the decision upon appeal affirms the determination that the individual is not entitled to such benefits, any benefits paid pursuant to such election shall be considered overpayments. Provides that such benefit payments shall not be considered overpayments if the individual's appeal was made in good faith and if treating such payments as overpayments would work an undue financial hardship on the individual. Makes the requirement that disability determinations under title II be reviewed at least every three years applicable only to the extent necessary to insure that the appropriate number of cases are reviewed. Requires the Secretary to determine the appropriate number of cases to be reviewed in each State. Requires the Secretary to report annually to specified congressional committees with respect to the Secretary's determinations.
United States · United States Congress · 16 September 1982
Residential Mortgage Investment Act of 1982 - Exempts any qualified mortgage transaction at arms-length engaged in by an employee benefit plan from specified prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. Provides that such exemption shall supersede any and all State laws as they relate to qualified mortgage transactions to the extent engaged in by employee benefit plans.
United States · United States Congress · 15 September 1982
Expresses the sense of the Senate that, during the forthcoming meeting of the General Agreement on Tariffs and Trade (GATT), the Government should try to restore U.S. competitiveness in agricultural trade: (1) with particular emphasis on correcting the disparate treatment of primary and nonprimary products provided in the Subsidies Code; and (2) without reference to any existing disagreements in nonagricultural areas. Declares that the United States, pending restoration of fair and equitable trading conditions under the GATT, should try to prevent further erosion of farm exports and try to regain a foreign market share commensurate with the competitive market advantage of the U.S. farmer. Expresses the sense of the Senate that the United States should make available the funds necessary to assist exports and counteract foreign unfair trading practices. Declares that restoring U.S. farm export competitiveness will help create jobs and raise net farm income.
United States · United States Congress · 14 September 1982
Requires continuation of the supplemental unemployment benefits program established under the Tax Equity and Fiscal Responsibility Act of 1982 and an individual's period of eligibility for such benefits until the national seasonally adjusted unemployment rate is less than 8.7 percent. Provides that specified provisions of the Omnibus Budget Reconciliation Act of 1981 shall not be effective for determining whether there are State "on" or "off" indicators for weeks beginning on or after June 1, 1982, and before the month following the first month thereafter for which the national seasonally adjusted total rate of unemployment is less than 8.7 percent. Requires, for making such determinations, that the insured employment rate for all weeks be calculated in the same manner as it is calculated for the particular week for which the determination is being made. Amends the Omnibus Budget Reconciliation Act of 1981 to revise the effective date of the change in the State trigger for extended compensation (under the Federal-State Extended Unemployment Compensation Act of 1970)to apply to weeks beginning after the national seasonally adjusted total rate of unemployment is less than 8.7 percent for at least one month occurring after September 1982. Requires that provisions under the Federal-State Unemployment Compensation Act of 1970 for determining the State trigger, for any week beginning on or after June 1, 1982, and before the month following the first month thereafter for which the national seasonally adjusted total rate of unemployment is less than 8.7 percent, shall be based solely on a State insured unemployment rate of five percent for that week and the immediately preceding 12 weeks (waiving the 120 percent factor). Provides that a State shall not be deemed out of compliance with specified Internal Revenue Code provisions by reason of a failure to amend its State unemployment compensation law within a specified period to include any requirements imposed by this Act with respect to extended compensation.
United States · United States Congress · 9 September 1982
Expresses the sense of the Senate that: (1) the Senate Banking, Housing, and Urban Affairs Committee shall investigate methods of strengthening the Export-Import Bank to ensure competitive financing for U.S. exports; (2) the Senate Appropriations Committee shall provide sufficient authority for the Export-Import Bank to enable U.S. exporters to compete in world markets; and (3) the Export-Import Bank shall provide U.S. exporters with competitive financial support.
United States · United States Congress · 19 August 1982
Grants congressional approval of the Comprehensive Master Plan for the Management of the Upper Mississippi River System as a guide for future water policy on such System. Authorizes the Secretary of the Army, acting through the Chief of Engineers, to provide for the engineering, design, and construction, of a second lock at locks and dam 26, Mississippi River, Alton, Illinois and Missouri. Authorizes appropriations. Authorizes the Secretary of the Interior to undertake with respect to the Upper Mississippi River System: (1) a habitat rehabilitation and enhancement program; (2) the implementation of a long-term resource monitoring program; (3) the implementation of a computerized inventory and analysis system for data storage and retrieval; and (4) the implementation of a program of recreational projects. Authorizes appropriations. Directs the Secretary of the Interior and the Secretary of the Army, acting through the Chief of Engineers, to: (1) review the Master Plan; (2) assign priorities; and (3) develop and submit to Congress a proposal for further implementation. Declares that such Master Plan has reasonably complied with the provisions of the National Environmental Policy Act of 1969.
United States · United States Congress · 19 August 1982
Waives certain requirements of the Congressional Budget Act of 1974 with respect to the consideration of S. 2329 (intergovernmental relations efficiency advisory roundtable).
United States · United States Congress · 9 August 1982
Expresses the sense of the Senate that the President should submit a comprehensive review of the nation's nuclear weapons policies to Congress at the earliest possible date, but no later than December 1, 1982.
United States · United States Congress · 3 August 1982
Wilderness Protection Act of 1982 - Withdraws from disposition under all laws pertaining to oil, gas, oil shale, coal, phosphate, potassium, sulphur, gilsonite, and geothermal leasing: (1) wilderness areas; (2) lands recommended for wilderness designation, until Congress determines otherwise or until the lands concerned are recommended for other uses; (3) wilderness study areas, for the period of interim wilderness protection and management required by law; and (4) lands identified for further planning in Executive Communication 1504, 96th Congress, until one year after the final approval and implementation of an initial forest plan covering the further planning area. Exempts from the withdrawal pursuant to this Act: (1) national forest system land released to management for nonwilderness uses; (2) lands designated as congressional wilderness study areas in Colorado and New Mexico and certain lands within the River of No Return Wilderness in Idaho; (3) Bureau of Land Management wilderness study areas; and (4) lands in Alaska. Permits activities compatible with the preservation of the wilderness environment for the purpose of inventorying energy, mineral, and other resource values in areas withdrawn by this Act. Requires the Secretary of the Interior to augment recurring surveys of mineral values of wilderness areas and to acquire information on the areas withdrawn by this Act by conducting mineral inventories of such areas. Authorizes the President to recommend to Congress that minerals exploration, development, or extraction be permitted in specified areas withdrawn under this Act if: (1) there is an urgent national need for the mineral activity; and (2) the need outweighs the public values of the wilderness lands involved and the potential adverse environmental impacts likely to result. Makes such a recommendation effective only upon enactment of a joint resolution by Congress approving such recommendation. Authorizes the Secretary of the Interior to issue oil and gas leases for the subsurface of national forest or public land wilderness areas that are immediately adjacent to oil and gas producing fields or areas that are prospectively valuable. Prohibits surface occupancy under such leases and provides that such leases may be entered only by directional drilling from outside the wilderness or by other nonsurface disturbing methods.
United States · United States Congress · 30 July 1982
States that the President, at the earliest possible date, should: (1) request Senate consent to ratification of the Threshold Test Ban and Peaceful Nuclear Explosion Treaties; and (2) resume trilateral test ban treaty negotiations.
United States · United States Congress · 28 July 1982
Federal Employee Health Plan Improvement Act of 1982 - Amends provisions of Federal law governing the Federal employee health benefits programs. Changes certain health benefit plan requirements. Authorizes (currently requires) a carrier of a plan to reinsure with other companies which elect to participate or to allocate its rights and obligations among its affiliates which elect to participate. Directs the Office of Personnel Management (OPM) to require that all plans include benefits which are at least actuarially equivalent to the lowest level of benefits offered by the indemnity benefit plan as of January 1, 1982. Permits the OPM to: (1) direct any carrier that the OPM finds does not meet the Government's requirements to include such findings in any information distributed concerning the carrier's plans; and (2) prohibit any such carrier from enrolling individuals not previously enrolled in the plan. Prohibits the OPM from contracting for or approving a plan unless: (1) the plan is offered by an organization which has successfully operated a similar plan; or (2) the plan assures, and achieves within five years, an enrollment of at least the lesser of 5,000 individuals or two-and-a-half percent of the potential enrollees in the area. Prohibits the OPM from requiring that a plan offer more than one level of benefits. Repeals specified provisions concerning the determination of rates under such plans. Exempts individual-practice payment plans from certain requirements concerning an enrollee's selection of, access to, and payment for services of a psychologist or an optometrist. Directs the OPM to contract for a comprehensive medical plan for Federal employees in any State which requires private employers to offer such plan to their employees. Permits the OPM to provide for administrative services associated with such plans under contract rather than directly. Authorizes the OPM to contract for more than one Government-wide service benefit plan and indemnity benefit plan. Repeals a requirement that the group of physicians under a group-practice payment plan must include physicians who represent at least three medical specialties and who receive a substantial part of their income from the prepaid funds. Allows the Government contribution for health benefits to equal up to 100 percent (currently, 75 percent) of the subscription charge for a plan. Directs the OPM to: (1) determine the maximum Government contribution per employment or annuitant for individual and family enrollment for 1982; (2) increase such amount for 1983 by the percentage increase in the medical care expenditure category (MCEC) of the Consumer Price Index; (3) adjust the allocation of the Government's total contribution to a plan so that the biweekly contribution for annuitants equals 130 percent of the contribution for employees; (4) adjust the Government contribution for health benefits for employees and annuitants for years after 1983 by the percentage increase or decrease in the MCEC for the previous year; and (5) establish and publish a method for adjusting the portion of the Government contribution paid to a carrier for a particular plan to reflect differences in the need for, and cost of, health care services based on the age, sex, and place of residence of enrollees. Directs the OPM to implement an information program for Federal employees concerning health benefits plans. Requires agencies to distribute certain information on such plans to employees. Allows certain agencies to employ health benefits specialists. Directs the OPM to submit annual reports to Congress on: (1) the use of administrative funds for such activities; (2) evaluations of the Federal employees health benefits program; (3) the performance of Government agencies in meeting their responsibilities under such program; and (4) a summary of the recommendations of the advisory committee on Federal employee health benefits. Directs the President to appoint 12 members to such committee, three of which shall be annuitants. (Currently, the Director of the OPM is required to appoint five employees who are enrolled in health plans as members.) Requires that employees and annuitants : (1) be provided an annual period of not less than 30 days during which they may change health plan coverage or enrollment status; and (2) reaffirm or change coverage or enrollment status at least once every five years.
United States · United States Congress · 27 July 1982
Authorizes the erection of a memorial on public grounds in the District of Columbia in honor and commemoration of members of the armed forces who served in the Korean War. Directs the Secretary of the Interior to select, with the approval of the National Commisson of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial.
![Official portrait of Sen. Durenberger, Dave [R-MN]](https://www.congress.gov/img/member/d000566_200.jpg)