Omnibus Reconciliation Act of 1982

(Measure passed Senate, amended, roll call #299 (73-23))

Omnibus Reconciliation Act of 1982 - Title I: Agriculture, Forestry, and Related Programs - Subtitle A - Food Stamp Program Reductions - Amends the Food Stamp Act of 1977 to: (1) treat all related persons living together who are not elderly, blind, or disabled as one household.

Revises the measurement periods used for each October's adjustment of the cost of the thrifty food plan.

Excludes from household income cost-of-living increases attributable to specified provisions of the Social Security Act, the Railroad Retirement Act of 1974, and pensions for veterans of a period of war.

Excludes from household income cost-of-living increases attributable to specified provisions of the Social Security Act, the Railroad Retirement Act of 1974, and pensions for veterans of a period of war.

Changes the date for adjusting deductions in computing household income from July 1, 1983, to October 1, 1983.

Revises excess shelter deduction provisions to permit State agencies to use a standard utility allowance which does not fluctuate seasonally. Excludes from such use households not incurring such expenses, or not pro-rating expenses shared with a non- participant in the food stamp program.

Requires accessible pension funds and savings or retirement accounts to be counted in determining whether the financial resources limitation has been exceeded.

Establishes categorical eligibility for recipients of Aid to Families With Dependent Children under the Social Security program.

Authorizes the Secretary to permit State agencies to select certain categories of households which may file periodic reports of household circumstances at less frequent intervals than other types of households.

Revises work registration and job search requirements to provide that an entire household would be disqualified for a member's failure to comply with whatever job search requirements are prescribed by the Secretary.

Eliminates the exemption from work registration for parents or caretakers of children when the parent or caretaker is part of a household in which there is another ablebodied parent or caretaker subject to food stamp work requirements.

Revises the work registration requirement to exempt those individuals employed a minimum of 150 hours per month or receiving monthly earnings which equal the minimum hourly rate established under the Fair Labor Standards Act of 1938, multiplied by 150 hours.

Eliminates the requirement for joint issuance of regulations on work registration by the Secretary of Agriculture and the Secretary of Labor.

Provides that college students who are eligible to participate in the food stamp program may not be disqualified when the college student is not the parent of a dependent child under the age of six and is not receiving aid to families with dependent children

Requires that all the income of an ineligible alien be counted as household income for purposes of determining food stamp eligibility.

Permits the prorating of benefits following any lapse in participation (currently after 30 days).

Prohibits any increase in food stamp benefits to households on which a penalty, resulting in a decrease in income, has been imposed for intentional failure to comply with a Federal, State, or local welfare law.

Authorizes the Secretary of Agriculture to limit the operation of house-to-house trade routes to those that are reasonably necessary to provide adequate access to households if the Secretary finds that the operation of house-to-house trade routes damages the integrity of the food stamp program.

Prohibits the Secretary from requiring that the States submit, for prior approval, State agency instructions, interpretations of policy, methods of administration, forms, or other materials, unless the State determines that they alter or amend its plan of operation for the food stamp program.

Eliminates the requirement that States maintain bilingual personnel and printed material for areas of the State in which a substantial number of members of low-income households speak a language other than English. Allows a State, at its option, to use such personnel and printed material.

Eliminates the requirement that State agencies comply with Federal standards with regard to points and hours of certification and issuance.

Permits the Secretary to restrict the number of households which may be represented by an individual.

Requires expedited service to destitute migrant households or households with no income.

Authorizes a State agency to promptly reduce or terminate benefits for any household which provides written information that clearly requires a reduction or termination.

Requires State agencies to determine, not less frequently than annually, whether food stamp recipients are in receipt of duplicative benefits.

Permits each State to choose whether AFDC and general assistance households must have their food stamp applications included in their AFDC or general assistance applications and whether food stamp applicants must be certified eligible based on information in their AFDC or general assistance case file.

Requires the Secretary of Agriculture to require State food stamp agencies to conduct at least annual verfication or other measures to ensure that individuals who have been "cashed out" of the food stamp program are not also receiving food stamps.

Authorizes the Secretary to require State agencies to use new or modified coupon issuance procedures if they improves the integrity of the food stamp program.

Increases the penalties for retail stores which violate provisions of the Food Stamp Act.

Permits the Secretary to require a retail food store or wholesale food concern to furnish a bond to cover the value of the coupons which such store may in the future accept and redeem.

Permits a State to use other means of collection for fraud and nonfraud overissuances besides cash repayment and benefit offset.

Allows the household of a disqualified person 30 days to choose between the cash repayment and the benefit offset procedures for collection of fraudulent claims.

Requires State agencies to reimburse the Secretary for the value of excess allotments issued to households. Sets forth a formula for reducing an agency's federally funded share of administrative costs based upon the State's payment error rate.

Authorizes the Secretary to conduct a pilot project involving specified employment requirements in each of the seven administrative regions of the Food and Nutrition Service of the Department of Agriculture.

Declares that it is the sense of Congress that Federal, State, and local governments should take specified actions to make wholesome food which is currently being wasted or discarded available for distribution to hungry people.

Requires the Secretary to study the impact of benefit reductions and make a final report to the appropriate congressional committees by March 1, 1985.

Authorizes ceilinged appropriations for FY 1983 through 1985.

Requires the Secretary to promulgate guidelines for food stamp workfare programs that would enable local governments to operate such programs in a manner consistent with similar workfare programs which are operated by such local government.

Eliminates current exemptions from the workfare requirements for food stamp participants who are involved at least 30 hours a week in a work incentive program. Permits a State to exempt such participants from the workfare requirements.

Authorizes a State to elect to operate a low-income nutritional assistance block grant program to finance expenditures for food assistance for needy persons. Directs the Secretary to provide such States with a block grant in an amount based on a percentage of the FY 1983 funds appropriated for the food stamp program.

Authorizes the Secretary, at the request of an Indian tribe or tribal organization within a block grant State, to reserve a determined amount of such grant for the direct use of such tribe.

Sets forth procedures for application and requirements for eligibility for block grants. Prohibits the use of such grants for construction.

Sets forth procedures for the Secretary and the Comptroller General to assure compliance with this section.

Makes disabled veterans and their survivors eligible for food stamp benefits.

Requires the rounding down of dollar amounts for the thrifty food plan in computing deductions of household income, and in calculating the value of allotments.

Makes certain provisions of the Omnibus Budget Reconciliation Act of 1981 and the Agriculture and Food Act of 1981 effective on the date of enactment of this Act.

Subtitle B - Dairy - Sets the price of milk for domestic needs at $13.10 per hundredweight for FY 1983 through 1985.

Subtitle C - Farm Programs - Permits the Secretary of Agriculture, for the 1982 crops of wheat, feed grains, upland cotton, and rice, to make advance deficiency payments available to producers who participate in an acreage limitation program.

Requires the Secretary of Agriculture to implement diversion program for the 1983 crops of wheat and corn and other feed grains. Limits wheat acreage per participant to the 1982 acreage base reduced by 15 percent. Limits feed grain acreage to the 1982 acreage base reduced by ten percent. Allows further reductions by ten percent for both wheat and feed grains for diversion to conservation uses. Sets the minimum land diversion payment rate at $120 per acre of wheat and $150 per acre of feed grains.

Subtitle D - Agricultural Export Promotion - Requires the Secretary of Agriculture, for FY 1983 through 1985, to: (1) enter into agreements with private trade organizations, friendly countries, and financial institutions, with regard to export credit sales of United States agricultural commodities and products; (2) implement export subsidy programs for United States agricultural commodities or products thereof; or (3) undertake any combination of the above.

Title II: Armed Services - Places limitation on the amount of the annual adjustment of retired and retainer pay of members and former members of the uniformed services in satisfaction of the reconciliation requirements of the first concurrent resolution on the budget for FY 1983.

Title III: Senate Committee on Banking, Housing, and Urban Affairs - Amends the National Housing Act to permit maximum FHA mortgage amounts to be increased by the amount of the mortgage insurance premium paid at the time the mortgage is insured.

Title IV: Commerce, Science, and Transportation - Subjects Coast Guard retirement benefits to the four percent maximum imposed by this Act through FY 1985 on civil service annuity cost of living increases.

Reduces the size of the Federal Communications Commission from seven to five members.

Abolishes, effective January 1, 1983, each office within the Interstate Commerce Commission which was vacant on July 1, 1982.

Reduces the size of the Interstate Commerce Commission from 11 to seven members, on January 1, 1983, with no more than four members from the same political party. Reduces the size to five members, on January 1, 1986, with no more than three from the same political party.

Title V: Foreign Relations - Cites title VI of this Act and specified provisions of the Foreign Service Act of 1980 for cost savings achieved through limitation on the amount of the annual adjustment of the annuity payable from the Foreign Service Retirement and Disability Fund in satisfaction of the reconciliation requirements of the first concurrent resolution on the budget for FY 1983.

Title VI: Civil Service Programs - Prohibits the cost of living increase for any civil service annuity from exceeding four percent in FY 1983, 1984, or 1985.

Prohibits a Federal employee or a Member of Congress who is entitled to a civil service annuity for regular retirement from retiring on disability. Exempts involuntary retirees from this prohibition. Provides that disability annuity payments shall end 180 days (currently, one year) after the end of the calendar year in which earning capacity is restored. Deems the earning capacity restored if a disabled annuitants income for any calendar year (currently, in each of two succeeding years) equals 80 percent or more of the current pay rate of such annuitant's last position. Entitles the Director of the Office of Personnel Management, upon request, to receive information on social security, workers' compensation, military retired pay, and veterans' benefits in order to ensure the accuracy of information used in administering the disability retirement program.

Entitles an individual who is separated from employment as a National Guard technician by reason of being disabled under military standards, but who is not considered disabled under civilian standards, to receive a civil service disability retirement annuity until the individual: (1) is no longer disabled; (2) is appointed to, or elects not to accept, a civil service position at a level equivalent to the level of his or her former position and within reasonable commuting distance; or (3) accepts any other civil service position. Directs any agency actively recruiting to fill a vacant position to consider such qualified disabled annuitants.

Revises the method of computing interest on amounts deposited or redeposited for annuity credit into the Civil Service Retirement and Disability Fund after December 31, 1984. Eliminates provisions providing for a reduced annuity in lieu of a deposit for service for which no deposit or deduction was made. Requires that an employee or Member not be in a position which is eligible for a civil service annuity for at least 31 days in order to be entitled to a lump-sum payment for retirement credit. Increases the annuity reduction for individuals who retire before attaining 55 years of age.

Makes Federal employees working in Alaska or Hawaii ineligible for round-trip transportation expenses between their posts of duty and their homes in the continental United States. Entitles employees whose posts of duty are in Alaska or Hawaii upon enactment of this Act to such expenses for their next trip.

Requires the monthly installments of civil service annuities to be rounded to the next lowest dollar (currently, fixed at the nearest dollar) at commencement and after each cost of living adjustment.

Changes the commencement date of an employee's or Member's annuity to the first day of the first month after: (1) his or her pay cease; (2) he or she is separated from the service; or (3) after the occurence of the event on which payment is based. Changes the termination date of such an annuity to the last day of the month before death or any other terminating event occurs.

Provides civil service retirement credit for military service to an individual becoming an employee or Member after October 1, 1982, only if a percentage payment is made with respect to such service to the employee's agency or to the Secretary of the Senate or the Clerk of the House of Representatives. Requires immediate deposit of such payments into the Civil Service Retirement and Disability Fund Allows any employee of Member to make such a deposit for military service. Includes such military service for which such deposits are made as creditable service for pruposes of determining the amount of a civil service annuity even after the annuitant becomes eligible for old age, survivors, and disability (OASDI) insurance benefits.

Allows any person entitled to an annuity on or before enactment of this Act to elect to be exempted from provisions excluding such person's military service as creditable service if the person is eligible for OASDI benefits. Provides for the recomputation of such person's annuity.

Precludes eligibility for early retirement for an employee who is voluntarily separated from the service: (1) during an agency reorganization unless a significant percentage of employees will be separated or subject to a pay reduction; or (2) if the employee rejects a reasonable offer of another civil service position.

Prohibits a civil service annuity from being increased by a cost of living adjustment to an amount exceeding the greater of: (1) the maximum pay for a GS-15; or (2) the employee's final pay (or average pay, if higher) increased by the cumulative average increases in pay since the employee retired.

Amends the Federal Property and Administrative Services Act of 1949 to allow the General Services Administration (GSA) to charge agencies for operating costs (procurement, supply, distribution, personnel, and storage). Requires the Administrator of GSA to report biannually to specified congressional committees on the status and operations of the General Supply Fund.

Title VII: Veterans' Programs - Establishes periods of commencement for payments based on an award of compensation, dependency and indemnity compensation, or pension.

Sets forth a formula for rounding down the amount of payments under the Veterans' and Survivors' Pension Improvement Act of 1978.

Extends the entitlement of children of veterans who are under 18 to such children who are not yet 19 but pursuing a high school degree and children over 18 who are not pursuing such a degree but who before reaching 18 become permanently incapable of self-support. Reduces the amount of pension receivable during the summer months for the students.

Decreases the rates of: (1) disability compensation; (2) additional compensation for dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses; (5) dependency and indemnity compensation for children; and (6) supplemental dependency and indemnity compensation for children.

Requires veterans to pay a loan user fee on guaranteed home loans.

Declares that it is the sense of the Senate that the Senate conferees on H.R. 4961, the Tax Equity and Fiscal Responsibility Act of 1982, shall include provisions providing for an additional 13 weeks of Federal unemployment benefits under certain circumstances.