H.R.3500 - Omnibus Budget Reconciliation Act of 198599th Congress (1985-1986)
|Sponsor:||Rep. Derrick, Butler C. [D-SC-3] (Introduced 10/03/1985)|
|Committees:||House - Budget|
|Committee Reports:||H.Rept 99-300|
|Latest Action:||House - 12/05/1985 House Incorporated this Measure (Amended) in H.R.3128 as an Amendment. (All Actions)|
|Roll Call Votes:||There have been 3 roll call votes|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Summary: H.R.3500 — 99th Congress (1985-1986)All Information (Except Text)
(Measure passed House, amended (Inserted text of H. R. 2266 as passed House), roll call #372 (228-199))
Passed House amended (10/24/1985)
Omnibus Budget Reconciliation Act - Title I: Committee on Armed Services - Revises Federal armed forces provisions to provide for collection by the United States from third-party insurance or health plan providers of reasonable medical and dental care costs incurred by retirees of the armed forces and military dependents. Allows such collectible costs to be reduced by the amount of any applicable deductible or copayment. Authorizes the review of medical or dental records by representatives of the payer from which collection by the United States is sought. Prohibits such collection in the case of a plan administered under titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act. Allows the United States to institute legal proceedings or take other action to insure collection of such repayment. Directs the Secretary of Defense to prescribe regulations for the administration of this section which shall include the computation of the reasonable cost of medical and dental care.
Title II: Committee on Banking, Finance, and Urban Affairs - Housing Act of 1985 - Sets forth specified regulatory authority of the Secretary of Housing and Urban Development regarding the Department of Housing and Urban Development and the Farmers Home Administration.
States the policy of the Congress to be that the aggregate amount of funds authorized in this Act for any fiscal year shall not exceed the total amount of funds approved in appropriation Acts for similar programs for FY 1985.
Directs the Secretaries of Agriculture and of Housing and Urban Development to collect data on the racial and ethnic characteristics of persons eligible for housing and related assistance under programs under their respective programs.
Subtitle A: Housing Assistance - Part I: Programs under United States Housing Act of 1937 - Amends the United States Housing Act of 1937 to increase on October 1, 1985, the aggregate amount of budget authority available for lower-income housing rental rehabilitation and development grants.
Extends budget authority utilization provisions through FY 1986. States that any recaptured Indian housing funds may only be used for other Indian housing projects.
Authorizes public housing agencies (PHA) to determine monthly rents (as an alternative to the existing schedule), with the Secretary's approval, which do not exceed the maximum allowable rent contribution and do not exceed either the average monthly debt service and operating expenses for similarly-sized projects or the section eight fair market rent in the area. Excludes from the definition of "adjusted income" ten percent of a family's income if any member of such family pays either Federal self-employment or FICA taxes.
Defines "rent" to mean: (1) the amount payable by a family to a PHA for shelter; and (2) in any case in which a family is required to make a separate utility payment, an annual utility allowance.
Provides for a maximum six-month public housing phased-in rent increase for a family that has secured employment.
Authorizes the Secretary to make annual contributions to PHAs. Limits such contributions to a sum equal to the annual amount of principal and interest payable on PHA obligations issued to finance development costs.
Authorizes the Secretary to make contributions in grant form to PHAs to cover public housing project development costs. States that contract terms and conditions shall remain in effect for a 40-year period.
Authorizes the Secretary to cancel certain outstanding loans and obligations. States that on the enactment date of this Act, or on September 30, 1985, whichever is later, all notes or obligations issued by the Secretary to the Secretary of the Treasury shall be forgiven, and any related terms or conditions shall be canceled. States that on September 30, 1986, and on any subsequent September 30, all obligations issued during the fiscal year ending that day shall be forgiven, and any related terms or conditions shall be canceled.
Directs the Secretary to make grants to PHAs for public housing child care demonstration grants to determine the extent to which such services assist the children's parents and guardians to find work.
Provides that a grant may be made only if: (1) the PHA has no other child care program; (2) the PHA provides suitable facilities; (3) the program will serve preschool children during the day and elementary children after school; (4) the program provides for parental participation and employment of elderly persons living in the project; and (5) the program complies with applicable State and local regulations.
Allocates funds so as to: (1) give priority to housing projects with the most low income children; and (2) ensure a reasonable distribution between urban and rural areas and among different size housing projects.
Requires a report to the Congress within three years. Authorizes FY 1986 appropriations.
Prohibits the Secretary from recapturing any amounts reserved for a PHA because of its failure to begin construction or rehabilitation, or acquisition, for 30 months from the date of such reservation. Permits a PHA to reformulate or change the site of a project during such period.
Provides that the Secretary may enter into a new construction contract only if the new housing costs would be less than acquisition or rehabilitation costs in the same neighborhood.
Provides that the Secretary or a public housing tenant may petition for the appointment of a receiver (which may be a private management corporation) for a PHA which is in substantial default to any U.S. district court or appropriate State court in which the property is sited.
Requires the Secretary to determine that a project is obsolete, and that no modification plan is feasible, in order to demolish such project. Prohibits any such demolition without a one-for-one replacement plan (unless such housing is not locally needed, or if project-based housing assisted under section eight of such Act is to be substituted).
States that an Indian Mutual Help Homeownership Opportunity Program homebuyer may transfer his or her home to any eligible person who will reside in such home.
Amends section eight assistance provisions to: (1) establish 15-year existing dwelling unit contracts; (2) permit assistance to section 17 rental rehabilitation project families whose post-rehabilitation rent exceeds 30 percent of their income; (3) state that the method for calculating administrative fees shall be the one in effect before January 1, 1985, and shall apply retroactively to PHA activities after December 31, 1984; (4) adjust fair market rentals on October 1 of each year; (5) provide that the minimum shared housing habitability standards may not require a person in a one-bedroom unit to share such unit, move to a smaller unit, or pay additional rent for not sharing such unit or moving from it; (6) permit continued assistance to a family that moves to a home that is within the same metropolitan statistical area as the previous home.
Permits voucher payments for a family living in a project being renovated (under section 17 of such Act) if such family was a lower income family at the time of initial assistance and whose post-rehabilitation rent would exceed 30 percent of adjusted monthly income. Provides that the percentage of voucher assistance retained by PHAs for administrative expenses shall be the same as permitted under the section eight existing housing program. Directs the Secretary to prepare a report for the Congress comparing the impact of such voucher assistance with the existing housing program.
Directs the Secretary to provide payments for operating lower income housing projects through a performance funding system based on a certain system in effect on November 30, 1983, which establishes standards for operating costs and income projections. Authorizes FY 1986 appropriations.
Authorizes grants for comprehensive improvement assistance.
Amends comprehensive improvement assistance program provisions to: (1) include within such program's purposes the maintenance of marketability and long-term viability of existing public housing projects; (2) include advance architectural engineering and planning costs in program payment determinations; (3) provide for a vacant unit set-aside; and (4) provide for resident management development.
Authorizes public housing comprehensive grants to improve the physical condition of existing public housing projects and upgrade their management and operation. Authorizes FY 1987 through 1989 appropriations. Reserves three percent of such funds for health and safety measures.
Repeals specified assisted housing eligibility requirements.
Authorizes additional FY 1986 appropriations for the rental development program. Repeals the violation assistance reduction provision.
Amends rental rehabilitation program provisions to: (1) make eligible publicly-owned property that will be privately owned when rehabilitated; and (2) provide that program funds shall remain available through FY 1987.
Part 2: Multifamily Housing Management and Preservation - Amends the National Housing Act to repeal a specified multifamily mortgage repayment provision.
Amends the Housing and Community Development Amendments of 1978 regarding the management and preservation of HUD-owned multifamily housing projects.
Provides for tenant participation in the elderly and handicapped housing program.
Prohibits troubled housing project assistance to be made available unless the Secretary determines that the owner has agreed to apply for other appropriate housing assistance in order to maintain both financial soundness and the moderate-income character of the project.
Part 3: Other Housing Assistance Programs - Sets specified limits on FY 1986 appropriations for elderly and handicapped housing loans. Extends interest rate caps through FY 1986. Provides for community participation in the development of such housing projects.
Sets aside specified funds beginning in FY 1986 for housing for handicapped families. Provides for a demonstration (three year maximum) of prototype handicapped designs. Terminates section eight assistance in handicapped projects (primarily nonelderly) where contract funds are appropriated under such housing for handicapped families program.
Sets specified limits on FY 1986 appropriations for the congregate services program.
Sets specified limits on FY 1986 contract authority and appropriations for the home ownership program.
Extends authority through FY 1986 for: (1) assistance payments and insurance authority; and (2) housing stimulus authority.
Establishes a Task Force on Family Needs in Assisted Housing. Requires a report to the Secretary and to the Congress within one year.
Directs the Secretary to issue assisted-housing energy conservation performance standards within one year.
Directs the Secretary to develop and implement governing policies for assisted-housing mandatory meal programs within one year. Requires a report to the Congress within 18 months. Establishes an 18-month moratorium on new mandatory meal programs.
Prohibits the Secretary from making specified housing assistance available to nonimmigrant foreign students.
Excludes Federal housing assistance from being considered as income of purposes of AFDC eligibility or benefits.
Amends the Housing and Urban-Rural Recovery Act of 1983 to authorize FY 1986 appropriations for the housing demonstration project.
Amends the Housing and Community Development Amendments of 1978 to provide that operating assistance for troubled multifamily housing projects shall also apply to assisted housing programs under the Housing Act of 1959. Extends subsidy assistance to elderly and handicapped projects that have received loans before October 1, 1970.
Subtitle B: Rural Housing - Amends the Housing Act of 1949 to authorize FY 1986 appropriations for: (1) subsidized homeownership loans; (2) farmworker housing loans; (3) low-income and elderly housing loans; (4) low-income repair loans; (5) site loans; (6) home repair grants; (7) construction defect payments; (8) farmworker housing projects; (9) agricultural loan principal and interest; (10) mutual and self-help housing grants; (11) housing preservation grants; and (12) programs under sections 235 and 236 of the National Housing Act and section eight of the United States Housing Act of 1937.
Extends authority through FY 1986 for: (1) rental assistance payment contracts; (2) rental housing loan authority; and (3) mutual and self-help housing.
Provides that maximum income levels for rural housing programs in the Virgin Islands shall be the same as those for Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
Amends the Housing Act of 1949 to provide for rural housing escrow accounts.
Sets forth (beginning with FY 1986) percentages of rural housing guaranteed loans that shall be set aside for moderate income families.
Requires the Secretary to establish rural rental rehabilitation standards within 90 days.
Provides that any insured rural housing loan made after enactment of this Act shall be sold to the public and may not be sold to the Federal Financing Bank unless necessary to service prior transactions between the Secretary and such Bank. Provides for an interest subsidy on such insured and guaranteed loans. Authorizes the Secretary to use the Rural Housing Insurance Fund with regard to such public loan sales.
Directs the Secretary of Agriculture to issue regulations for the rural housing preservation grant program within 90 days.
Prohibits the Secretary of Housing and Urban Development from preventing the issuance of tax-exempt financing in connection with rural housing assistance.
Establishes the Task Force on Housing Needs in Rural America. Requires a report to the Secretary and to the Congress within one year.
Subtitle C: Program Amendments and Extensions - Part I: Federal Housing Administration Mortgage Insurance Programs - Amends the National Housing Act to extend mortgage insurance authority through FY 1986 for: (1) property improvement and manufactured home loan insurance; (2) general insurance; (3) low and moderate income housing insurance; (4) co-insurance; (5) graduated payment and indexed mortgage insurance; (6) armed services housing insurance; (7) land development insurance; and (8) group practice facilities insurance.
Extends through FY 1986 specified FHA aggregate insurance amounts.
Provides for negotiated mortgage interest rates under the nursing home fire safety equipment insurance and armed services housing insurance programs.
Directs the Secretary to prepare and submit a study within six months to the Congress regarding voluntary modular home standards.
Limits FHA mortgage or loan insurance premium charges to not more than three and eight-tenths percent.
Makes mortgages on Hawaiian home lands and Indian reservations General Insurance Fund obligations (currently under the Mutual Mortgage Insurance Fund).
Amends the Housing and Community Development Act of 1977 to repeal the requirements to publish prototype housing costs for one-to-four family housing units.
Amends the National Housing Act to increase mortgage limit authority for multifamily projects in high cost areas.
Limits annual adjustments on adjustable FHA mortgages to two percent.
Directs the Secretary to annually prepare a report for the Congress regarding the (urban) nonsubsidized single-family mortgage insurance programs.
Extends refinancing insurance authority to nursing homes, intermediate care facilities, and board and care homes. Requires hospitals to have State approval in order to receive mortgage insurance.
Part 2: Flood and Crime Insurance Programs - Amends the National Flood Insurance Act to extend authority through FY 1986 for: (1) flood insurance; and (2) emergency implementation. Authorizes FY 1986 appropriations for flood studies. Prohibits FY 1986 flood insurance premium increases.
Amends the National Housing Act to extend crime insurance authority through FY 1986. Provides for the continuation of existing crime insurance contracts through FY 1987. Prohibits FY 1986 crime insurance premium increases.
Part 3: Secondary Mortgage Market Programs - Amends the Federal National Mortgage Association Charter Act to extend the Government National Association Mortgage-Backed Securities Program through FY 1986.
Prohibits (with specified exceptions) fees from being charged on: (1) Federal National Mortgage Association mortgages; (2) Government National Mortgage Association guarantees; or (3) Federal Home Loan Mortgage Corporation mortgages.
Part 4: Regulatory and Other Programs - Amends the Solar Energy and Energy Conservation Bank Act to authorize FY 1986 appropriations.
Amends the Housing and Urban Development Act of 1968 to authorize FY 1986 appropriations for the housing counseling program.
Amends the Home Mortgage Disclosure Act of 1975 to provide for a permanent disclosure program.
Amends the Housing and Urban Development Act of 1970 to authorize FY 1986 appropriations for research.
Authorizes the Secretary to require HUD program participants to: (1) disclose their social security numbers; and (2) consent to an information verification.
Authorizes the Secretary to establish a fair housing initiatives program. Requires a program report to be submitted to the appropriate congressional committees. Authorizes FY 1986 appropriations.
Amends the Lead-Based Paint Poisoning Prevention Act to direct the Secretary to make a periodic determination of whether housing built during or after 1950 presents lead-based paint hazards.
Part 5: Community and Neighborhood Development and Conservation Programs - Amends the Housing and Community Development Act of 1974 to provide that: (1) any central city classified as a metropolitan city for community development block grant purposes shall retain such classification until the city no longer so qualifies on the basis of post-FY 1985 decennial census data; and (2) any other metropolitan city with a population of 50,000 or more shall retain such classification notwithstanding a decrease in population below 50,000 if such population is not below 50,000 in two consecutive decennial censuses (including 1980).
Requires housing assistance plans to include the housing needs of the homeless.
Provides that the State, rather than the Governor, must make the necessary certification for receiving community development block grants for nonentitlement areas. Prohibits related loan guarantee fees.
Provides that for FY 1986 not more than $5,000,000 shall be available for the Park Central New Community project from the Secretary's community development block grant Discretionary Fund.
Modifies urban development action grant selection criteria regarding: (1) project quality; and (2) urban counties. Requires a report to the Congress within six months.
Makes the counties of Kauai, Maui, and Hawaii in the State of Hawaii eligible for urban development action grants.
Directs the Secretary, to the extent provided in appropriation Acts, to guarantee the repayment of loans made to neighborhood-based nonprofit organizations under such program.
Authorizes FY 1986 appropriations for the urban homesteading program. Provides for increased assistance for communities with mortgage foreclosure rates in excess of 20 percent. Permits property transfers to higher income persons for amounts mutually agreed to. Prohibits States or local governments from conveying property to higher income persons if there are qualified lower income applicants.
Amends the Housing Act of 1964 to extend the rehabilitation loan program through FY 1986. Prohibits fees from being charged on such loans.
Amends the Neighborhood Reinvestment Corporation Act to authorize FY 1986 appropriations for the Neighborhood Reinvestment Corporation.
Amends the Housing and Community Development Act of 1974 to authorize FY 1986 appropriations for the: (1) Community development block grant program; and (2) urban development action grant program.
Amends the Housing and Urban-Rural Recovery Act of 1983 to authorize FY 1986 appropriations for the neighborhood development demonstration program.
Subtitle D: Shelter Assistance for the Homeless and Displaced - Part I: National Board of Charities Program - Authorizes FY 1986 appropriations for the Federal Emergency Management Agency to continue the emergency food distribution and shelter program established in the Second Supplemental Appropriations Act, 1984.
Part 2: Second Stage Housing for the Homeless and Displaced - Directs the Secretary to carry out a demonstration program to determine the effectiveness of assisting nonprofit organizations in providing housing and support services for the homeless. Limits FY 1986 Budget authority for such program.
Part 3: Emergency Shelter Grants - Directs the Secretary, to the extent approved in appropriation Acts, to provide emergency shelter grant assistance. Provides for State allocation of grants of less than $30,000. Establishes the Homeless Assistance Council. Authorizes FY 1986 and 1987 appropriations.
Subtitle E: Nehemiah Housing Opportunity Grants - Authorizes the Secretary to provide grant assistance to nonprofit organizations to carry out a Nehemiah housing opportunity program. Limits maximum per home assistance to $15,000. Establishes in the Treasury the Nehemiah Housing Opportunity Fund. Requires an annual program report to the Congress. Authorizes FY 1986 appropriations.
Subtitle F: Multifamily Housing Preservation Loans - Authorizes the Secretary, to the extent approved in appropriation Acts, to make loans to owners of rental or cooperative housing projects to assist them in making capital improvements. Establishes in the Treasury the Multifamily Housing Preservation Fund. Authorizes FY 1986 appropriations.
Subtitle G: Enterprise Zone Development - Authorizes the Secretary to designate 75 enterprise zones (50 urban zones, 25 rural zones) which shall be identified by State and local governments) to provide economic revitalization, job creation, and community development.
Title III: Committee on Education and Labor - Subtitle A: Amendments to the Higher Education Act of 1965 - Part I: Amendments Relating to Federally Insured and Guaranteed Student Loans - Amends the Higher Education Act of 1965 to require advances made by the Secretary of Education to a State or nonprofit private institution or organization to be repaid and deposited in the student loan insurance fund. Sets forth specified requirements with respect to: (1) eligibility for federally insured student loans and guaranteed student loans; (2) the disbursement of such loans to schools of higher education and others; (3) insurance premiums; (4) audits; and (5) the collection on such loans when they become delinquent; and (6) credit bureau reports.
Extends specified student loan programs under the Higher Education Act of 1965 and the Student Financial Assistance Technical Amendments Act of 1982.
Part 2: Amendments to the National Direct Student Loan Program - Sets forth specified requirements relating to the collection procedures for defaulted loans under the National Direct Student Loan Program.
Part 3: Amendments Relating to Student Assistance Generally - Requires the Secretary of Education to exclude liquidation proceeds (foreclosure, forfeiture, bankruptcy) from family income for purposes of the computation of family contributions for programs under subpart 1 of part A and B of this title.
Part 4: Effective Dates - Sets forth the effective dates of this Act.
Subtitle B: Single-Employer Plan Termination Insurance Premiums - Single-Employer Pension Plan Termination Insurance Premium Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 to increase premium rates to be paid to the Pension Benefit Guaranty Corporation for single-employer pension plans. Requires any revisions made by the Corporation to the premium rate schedules to be approved by a joint resolution of the Congress.
Subtitle C: Single-Employer Plan Termination Insurance System Amendments - Single-Employer Pension Plan Amendments Act of 1985 - Amends the Employee Retirement Income Security Act of 1974 to set forth provisions relating to the termination of single-employer pension plans by plan administrators and the Guaranty Pension Benefit Corporation. Sets forth specified technical and conforming amendments.
Subtitle D: Continuation Coverage Under Group Health Plans - Amends the Employee Retirement Income Security Act of 1974 to set forth provisions relating to the temporary extension of health coverage at group rates for family members of deceased, divorced, or medicare-eligible employees.
Title IV: Committee on Energy and Commerce - Subtitle A: Synthetic Fuels - Synthetic Fuels Fiscal Responsibility Act - Amends the Energy Security Act to abolish the United States Synthetic Fuels Corporation (the Corporation) 90 days after the date of enactment of this Act.
Terminates the Corporation's authority to enter into any legally binding commitments (including any additions to existing commitments) after the date of enactment of this Act.
Designates the Secretary of Energy as the Chief Operating Officer of the Corporation. Directs the Secretary to: (1) dispose of all Corporation assets not necessary for operating the synthetic fuels assistance program; (2) transfer to the Department of Energy all other Corporation assets; (3) administer the synthetic fuels assistance program and the modified synthetic fuels assistance program; (4) submit an assistance plan to the Congress setting forth the methods and schedules for implementation of the synthetic fuels assistance program on the smallest, least expensive practicable scale; and (5) solicit proposals for the construction and operation of synthetic fuel projects.
Sets forth a congressional review procedure under which binding obligations above a certain amount and synthetic fuel actions must be submitted by the Secretary for congressional approval. Deems any such action or obligation approved if not disapproved by enactment of a joint resolution within 90 days after submittal.
Requires that certain user fees, loan guarantee fees, and all receipts collected by the Secretary shall be deposited in the Treasury general fund.
Authorizes appropriations for the synthetic fuels program.
Rescinds, with certain exceptions, all funds appropriated to the Energy Security Reserve, including those appropriated by the Department of the Interior and Related Agencies Appropriations Act, 1980 to implement specified parts of the Energy Security Act.
Subtitle B: Strategic Petroleum Preserve - Requires the Strategic Petroleum Reserve to be filled at an annual average rate of 35,000 barrels per day for FY 1986-1988. Authorizes appropriations for such purpose for FY 1986 through 1988.
Authorizes appropriations for the implementation of the Strategic Petroleum Reserve Plan (excluding the acquisition of petroleum products for such Reserve) for FY 1986 through 1988.
Amends the Energy Policy and Conservation Act to: (1) increase from 500,000,000 to 527,000,000 the minimum quantity of crude oil barrels which must be in storage within the Strategic Petroleum Reserve before any portion of the Federal share of crude oil in the Elk Hills Naval Petroleum Reserve may be sold or disposed of; and (2) decrease from 100,000 barrels to 35,000 barrels the minimum average daily rate increase of crude oil that must be in storage in the SPR before such Federal portion in the Elk Hills Naval Petroleum Reserve may be sold or disposed of.
Subtitle C: Uranium Enrichment and Power Sales - Authorizes appropriations to the Department of Energy for FY 1986 through 1988 for the implementation of uranium enrichment service activities. Requires the Secretary of Energy to deposit into the Treasury general fund specified revenues received by the Department in providing such service activities. Requires the Secretary to attempt to sell to electric utilities any electric energy determined unnecessary to conduct uranium enrichment service activities. Directs the Secretary to deposit into the Treasury general fund electric energy sales revenues that exceed the energy charge incurred by such Secretary.
Subtitle D: Energy-Related User Fees - Directs the Secretary of Transportation to establish user fees for natural gas and hazardous liquid pipelines. Sets forth guidelines for such user fee schedule.
Directs the Nuclear Regulatory Commission to assess and collect annual charges from its licensees on a fiscal year basis. Sets forth guidelines for such charges.
Directs the Federal Energy Regulatory Commission to assess and collect annual charges on a fiscal year basis from interstate natural gas pipelines, interstate oil pipeline carriers and public utilities. Sets forth guidelines for such charges.
Subtitle E: Federal Energy Conservation Share Savings - Amends the National Energy Conservation Policy Act to: (1) authorize the head of a Federal agency to contract for energy savings for maximum periods of 25 years; and (2) require progress reports regarding such energy savings activities to be included in certain annual reports submitted by the Secretary of Energy.
Subtitle F: Charges to Cover the Cost of Federal Communications Commission - Sets forth a schedule of charges to be implemented and assessed by the Federal Communications Commission for specified administrative services (such as granting licenses and construction permits). Directs the Commission to review and adjust such charges (in certain increments) every two years to reflect changes in the Consumer Price Index. Exempts from such charges: (1) specified radio public services; and (2) governmental entities licensed in other services. Permits the Commission to: (1) dismiss any application or other filing for failure to pay any charge in a timely manner; and (2) waive or defer payment of a charge to promote the public interest.
Subtitle G: Local Rail Service Assistance - Amends the Department of Transportation Act to declare that no funds are authorized to be appropriated for Federal rail freight or rail service assistance programs after September 1, 1985.
Subtitle H: Amtrak - Amends the Rail Passenger Service Act to authorize appropriations for the National Railroad Passenger Corporation (Amtrak) for FY 1986.
Requires that certain appropriated funds designated by Amtrak for nonoperational capital projects be used to maintain Amtrak's rail system operations at the level in effect on the date of enactment of this Act (unless funds are otherwise available to maintain such operations at substantially the same level of service).
Establishes the National Railroad Passenger Corporation Financial Status Commission (the Commission) to study the financial performance of Amtrak, including its short-term and long-term capital needs and alternative funding mechanisms.
Requires the Commission to report to the Congress by March 30, 1986, regarding its findings and recommendations for legislation.
Authorizes appropriations for FY 1986.
Amends the Rail Passenger Service Act to provide that preferred stock issued by Amtrak to the Secretary of Transportation in return for Federal financial assistance shall be deemed to have been issued as of the date that Amtrak received such assistance (thus allowing Amtrak to take advantage of a certain depreciation allowance).
Permits Amtrak to participate in the contract air program administered by the General Services Administration in markets where service provided by Amtrak is competitive (thus including Amtrak among the competitors for the Federal employee travel market).
Sets February 15 as the annual deadline for Amtrak to submit specified data to the Congress.
Repeals the requirement that Amtrak enter into industry-wide rail carrier agreements regarding the operation of special and charter trains between specific routes.
Authorizes the Comptroller General to conduct annual audits of Amtrak activities (thus making such audits discretionary instead of mandatory).
Repeals Title VII of the Rail Passenger Service Act which provides for federally guaranteed emergency financial assistance to enable railroads to enter into operating contracts with Amtrak.
Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to repeal the requirement that Amtrak and the Secretary of Transportation submit annual reports to the Congress regarding revenues and ridership of the Northeast Corridor Improvement Project.
Amends the Rail Passenger Service Act to repeal the requirement that Amtrak establish a Performance Evaluation Center.
Requires Amtrak to set a goal, beginning in FY 1986, of recovering at least 61 percent of its operating costs from its revenues (currently the statutory goal is to recover 50 percent of operating costs from revenues).
Requires Amtrak and representatives of Amtrak employees to negotiate changes in existing agreements that will result in cost savings to Amtrak, and requires the results of such negotiations to be reported to the Congress within a specified time.
Prohibits Amtrak from reducing the frequency of service on any line which, on May 1, 1985, had three or fewer trains operating per week.
Amends Title VIII of the Rail Passenger Service Act to authorize the submission of petitions to the Secretary for assistance to eliminate dangers posed by unsafe facilities to the property, passengers, or employees of Amtrak. Defines conditions under which the Secretary shall recommend that the Congress authorize funding for relocation or other remedial measures concerning such unsafe facilities.
Amends the Regional Rail Reorganization Act of 1973 to require the Railroad Retirement Board to issue a warning to any railroad which fails to notify the Board of job vacancies. Establishes a civil penalty to be imposed upon a railroad which is found guilty of two or more failures to notify the Board of job vacancies. Extends from four years to six years the expiration date of the central register of railroad employment maintained by the Board.
Amends the Rail Passenger Service Act to provide for Amtrak auto-ferry service of unoccupied vehicles when space is available.
Prohibits the withholding of State income taxes from a railroad employee by any non-domiciliary State where such employee spends less than 50 percent of his time or mileage.
Title V: Committee on Interior and Insular Affairs - Amends the Outer Continental Shelf Lands Act to require the Secretary of the Interior to provide specified information to the Governor of any coastal State within whose seaward three-mile boundaries lie lands for which lease nominations are being solicited by such Secretary. Requires such Secretary to deposit into a separate Treasury account all revenues (excluding Federal income and windfall profits taxes) derived from any Federal tract lease lying wholly or partially within such seaward boundary of any coastal State.
Sets guidelines for the disposition of: (1) common potentially hydrocarbon-bearing areas underlying Federal and coastal State boundaries; (2) oil and gas lease revenues involved in boundary disputes between the United States and a coastal State; (3) revenues from tracts leased by the Secretary lying wholly or partially within three nautical miles of the seaward boundary of two or more States; and (4) revenue distribution derived from federally-leased tracts to certain designated coastal States.
Amends the Submerged Lands Act to provide that any boundary between a State and the United States which has been fixed under a final Supreme Court decree shall remain immobilized under such decree.
Sets forth guidelines for State recoupment of certain revenues derived from Federal leases within three miles of the seaward boundary of any coastal State between September 18, 1978 and September 30, 1985.
Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reject recommendations made by the Governor of an affected State regarding a proposed lease sale if the Secretary determines that such recommendations significantly impair the national interest.
Title VI: Committee on Merchant Marine and Fisheries - Subtitle A: Boating Safety Fund - Directs that one-third of the amount transferred for FY 1985 to the Boat Safety Account under the Internal Revenue Code of 1954 be deposited in the Treasury as proprietary receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities. Limits to one-third (currently, two-thirds) the amount available for State recreational boating safety programs from the amount transferred for FY 1985 to the Boat Safety Account.
Subtitle B: NOAA Charts - Amends Federal provisions concerning the sale and distribution of charts and related materials to allow all aeronautical and nautical charts and related materials published by the National Oceanic and Atmospheric Administration (NOAA) to be sold at prices determined by the Secretary of Commerce according to a specified schedule. Requires the Secretary to establish and publish annually the prices at which such products are sold to the public.
Authorizes the Secretary to either sell or exchange such products to certain foreign governments or international agencies, Federal departments, or agencies of the United States.
States that such fees are collected for the purposes of reimbursing the U.S. Government for the costs of producing or publishing such products.
Subtitle C: Amendments to Fishery Conservation and Management Act of 1976 - Amends the Magnuson Fishery Conservation and Management Act to alter the formula for computing a foreign fishing vessel permit fee representative of the foreign contribution to the costs of carrying out the Act. Establishes a formula for determining what portion of these fees shall be credited to the fisheries loan fund established by the Fish and Wildlife Act of 1956.
Subtitle D: Amendments to the Outer Continental Shelf Lands Act - Requires coastal States within whose three mile seaward boundaries lie lands from which Federal oil and gas lease revenues are distributed, to provide a minimum percentage of such funds to local coastal governments to mitigate the economic and environmental effects related to such leases.
Subtitle E: Ocean and Coastal Resources Management and Development Block Grant Act - Establishes within the Treasury an Ocean and Coastal Resources Management and Development Fund. Limits the total amount payable into the Fund during any fiscal year.
Directs the Secretary of Commerce to provide national ocean and coastal resources management and development block grants to each State.
Requires States to report grant allocation and project information and provide opportunity for public comment before receiving such grants. Prohibits a State from receiving such a grant until it has established a trust fund for the grant.
Sets forth a grant allocation formula based on: (1) actual and future outer continental shelf lease sales, including oil and gas; (2) coastal related energy activities; (3) shoreline mileage; and (4) coastal population. Establishes a minimum grant of 1.62 percent of authorized funds for coastal States having approved coastal management programs.
Specifies activities authorized by the Coastal Zone Management Act of 1972 (and coastal energy impact program) and living marine and natural resource management projects as the only eligible uses of block grants.
Requires each State receiving a block grant to take means to coordinate and allocate grant funds with their respective local governments.
Directs the Secretary to establish a National Coastal Resources Research and Development Institute to carry out educational and demonstration projects toward the development of ocean and coastal resources, including Arctic resources. Requires the Secretary to conduct an ongoing evaluation of the activities of the Institute. Requires the Institute to report to the Secretary within two years after enactment of this Act. Authorizes appropriations, beginning with FY 1986.
Requires each State receiving such grant to submit a financial audit of its grant trust fund. Requires the Secretary to evaluate such audits and take appropriate action, if necessary.
Subtitle F: Amendments to the Coastal Zone Management Act - Coastal Zone Management Reauthorization Act of 1985 - Amends the Coastal Zone Management Act of 1972 to direct the Secretary of Commerce to reduce financial assistance extended to a coastal State in certain circumstances.
Requires an annually graduated increase in the coastal State's contribution to grants for coastal zone management programs until the State's share reaches 50 percent of the grant for FY 1989 and each subsequent fiscal year.
Prohibits the implementation of any proposed program change before its approval by the Secretary. Requires that the State be notified as to the proposal's suitability within four months of the Secretary's reception of such a proposal.
Establishes the National Estuarine Sanctuary Reserve System (the System).
Authorizes the Secretary to designate an estuarine area as a national estuarine research reserve upon certain findings. Requires the Secretary to develop guidelines for research within the System. Requires the Secretary to promote and coordinate the utilization of such reserves. Authorizes the Secretary to make grants to coastal States for acquisition or operation of such reserves or to a coastal State or other entity to support research and monitoring within a reserve. Sets pre-reserve grant limits. Directs the Secretary to periodically evaluate the operation and management of each reserve and its research. Authorizes the Secretary to suspend a reserve from eligibility for financial assistance or withdraw its designation as a national reserve upon certain findings. Requires an annual report, beginning with FY 1987, by the Secretary to the Congress concerning such reserves.
Repeals Federal provisions which establish: (1) research and technical assistance for coastal zone management; and (2) the Coastal Zone Management Advisory Committee and certain other positions.
Authorizes appropriations for administrative grants to States for coastal resources management programs and for the establishment of national estuarine sanctuaries.
Subtitle G: Use of American-Built Rigs for OCS Drilling - Amends the Outer Continental Shelf Lands Act to require that any structure used for exploration or production of oil and gas on the Outer Continental Shelf (at certain geographic locations) must be built in America from materials which by cost have been at least 50 percent made or mined in the United States. Specifies exemptions. Authorizes the Secretary of the Interior to waive the materials requirement under certain circumstances.
Title VII: Committee on Post Office and Civil Service - Freezes Federal pay for FY 1986 and provides a five percent increase in such pay effective January 1, 1987, and January 1, 1988. Bases the determination on the amounts to be appropriated to provide for such adjustments on the assumption that Federal agencies will absorb 33 percent of such increase.
Requires the Office of Personnel Management to determine the minimum level of financial reserves to be held by an insurance carrier of the Federal Employees Health Benefits Plan. Requires carriers to refund to the Employees Health Benefits Fund amounts in excess of such reserves. Specifies the amounts of such refunds in FY 1986 and 1987.
Increases the maximum Government contribution for an enrollee in the Plan from 75 percent to 100 percent of the subscription charge for FY 1986 and 1987.
Revises the method of computing hourly rates of pay for Federal employees for FY 1985 through 1988.
Establishes the ceiling for FY 1986 appropriations for revenue forgone for free and reduced mail.
Prohibits transitional appropriations for the Postal Service for FY 1986 for reimbursement to the Department of Labor for workers compensation arising from operations of the former Post Office Department. Authorizes appropriations for such purpose for FY 1989. Directs the Postal Service to use funds currently available in the Postal Service for such purposes in FY 1986.
Title VIII: Committee on Public Works and Transportation - Subtitle A: Highway Programs - Amends the Highway Improvement Act of 1982 to reduce the highway apportionments for the primary system. Amends the Highway Safety Act of 1982 to reduce apportionments for bridge replacement and rehabilitation. Amends the Federal-Aid Highway Program Act of 1978 to reduce highway apportionments for resurfacing, reconstructing, rehabilitating and restoring routes on the National System of Interstate and Defense Highways. Directs the Secretary of Transportation to determine apportionment adjustments based on such reductions on the first day following the effective date of this Act.
Sets an obligation ceiling, with specified exceptions, for FY 1986 through 1988 for Federal-aid highways and highway safety construction programs. Provides guidelines for FY 1986 through 1988 for: (1) the distribution of obligational authority; and (2) the redistribution of unused obligational authority.
Amends the Federal-Aid Highway Act of 1978 to provide that funds which exceed the amounts needed for certain bridge demonstration projects shall be available to implement certain state-of-the-art bridge technology demonstration projects in the State of Ohio.
Subtitle B: Pipeline Safety - Amends the Natural Gas Pipeline Safety Act of 1968 to authorize appropriations for FY 1986 and 1987.
Amends the Hazardous Liquid Pipeline Safety Act of 1979 to authorize appropriations for FY 1986 and 1987.
Amends the Natural Gas Pipeline Safety Act of 1968 to prohibit the States from imposing a higher tax assessment ratio upon natural gas transmission property than is imposed upon other commercial and industrial property. Grants Federal district courts concurrent jurisdiction with State courts to enjoin such discriminatory tax treatment. Directs the Federal Energy Regulatory Commission to report periodically to the Congress regarding any savings accruing to consumers as a result of this legislation.
Prohibits the Secretary of Transportation from collecting or assessing any fees based upon the usage of any natural gas pipeline or hazardous liquid pipeline (except fees under previously approved law).
Prohibits the Federal Energy Regulatory Commission from collecting or assessing any charges from an interstate natural gas pipeline or from an interstate oil pipeline carrier (except charges under previously approved law).
Subtitle C: Tennessee Valley Authority - Directs the Tennessee Valley Authority (TVA) to: (1) comply with current law relating to TVA authority to issue and sell certain debt instruments to finance its power program; and (2) make available and deliver to the Department of Energy only such amounts of electric power and energy as the TVA may lawfully commit under contract. Directs the Department of Energy to comply with all contract terms entered into with TVA for the sale of electric power and energy.
Title IX: Committee on Small Business - Amends the Small Business Act to authorize program levels for FY 1986 through 1988 to the Small Business Administration (SBA) for direct and immediate participation loans for small business plant acquisition, construction, conversion, or expansion. Makes specified amounts available out of such authorization for: (1) handicapped persons and organizations for the handicapped; (2) small businesses either located in urban or rural areas with high unemployment and low incomes or owned by low-income individuals; and (3) disabled veterans and Vietnam veterans.
Authorizes program levels for FY 1986 through 1988 for deferred participation loans and debenture guarantees for small business plant acquisition, construction, conversion, or expansion and small business development companies under the Small Business Investment Act of 1958. Makes specified amounts available out of such authorization for: (1) handicapped persons and organizations for the handicapped; (2) small businesses either located in urban or rural areas with high unemployment and low income or owned by low-income individuals; (3) small businesses which design, manufacture, and distribute energy measures; and (4) guarantees of debentures with respect to State and local development companies.
Authorizes program levels for FY 1986 through 1988 under specified sections of the Small Business Investment Act of 1958 for: (1) direct purchases and guarantees of debentures and purchases of preferred securities with respect to small business investment companies; (2) surety bond guarantees; and (3) payment guarantees for the installation of pollution control facilities by small businesses.
Authorizes appropriations to the SBA for FY 1986 through 1988. Makes specified amounts available out of such authorization for: (1) direct and immediate participation loans for small business plant acquisition, construction, conversion, or expansion, handicapped persons and organizations for the handicapped, small businesses either located in urban or rural areas with high unemployment and low income or owned by low-income individuals, and Vietnam veterans; (2) deferred participation loans and debenture guarantees for small business plant acquisition, construction, conversion, or expansion and small business development companies; (3) deferred participation loans to handicapped persons and organizations for the handicapped, small businesses either located in urban or rural areas with high unemployment and low incomes or owned by low-income individuals, small businesses which design, manufacture, and distribute energy measures; (4) guarantees of debentures with respect to State and local development companies; (5) direct purchases and guarantees of debentures and purchases of preferred securities with respect to small business investment companies; (6) surety bond guarantees under the Small Business Investment Act of 1958; and (7) SBA salaries and expenses.
Authorizes appropriations for FY 1986 through 1988 for disaster loans to small businesses and permits the transfer of funds from the disaster loan revolving funds for the payment of SBA administrative expenses.
Requires the Secretary of Labor, in determining labor surplus areas with respect to Government procurement with small businesses, to make such determination on the basis of criteria in effect at the time of such determination provided that any minimum population criteria shall not exceed 25,000.
Amends the Small Business Investment Act of 1958 to provide that certain obligations issued by small business investment companies and guaranteed by the SBA are not eligible for purchase by the Federal Financing Bank.
Authorizes the SBA to issue to small businesses trust certificates representing all or a part of the guaranteed debentures issued by small business investment companies and guaranteed by the SBA.
Amends the Small Business Act to exclude agricultural enterprises from eligibility for small business disaster loans and loans necessitated by Federal action or law. Repeals specified provisions concerning disaster loans to small businesses that are affected by Federal action.
Deletes a specified provision relating to interest rates on the Federal share of disaster loans to small businesses.
Deletes provisions with respect to the agricultural enterprises exception to the prohibition against duplication of work or activity by the SBA and other Federal agencies.
Requires the SBA to collect a guarantee fee equal to three percent of the amount of the deferred participation share of any loan under this Act except a loan repayable in one year or less or a loan to State and local development companies under the Small Business Investment Act of 1958.
Amends the Small Business Investment Act of 1958 to authorize and direct the SBA to conduct a pilot program for the sale to investors of the SBA guaranteed debentures issued by State and local development companies. Authorizes the SBA to issue trust certificates for such debentures under the same authorities that are applicable to trust certificates issued for loans pursuant to specified provisions of the Small Business Act. Provides that certain debentures that are issued by State and local development companies and that are guaranteed by the SBA are not eligible for purchase by the Federal Financing Bank. Requires the SBA to report to the President and the Congress on the conduct of such pilot program.
Amends the Small Business Act to provide penalties for persons who make false statements with respect to their status as a small business concern or small business concern owned and controlled by socially and economically disadvantaged individuals with regard to Federal contracts.
Requires the SBA to submit to specified congressional committees an internal report on the options available to providing guaranteed loans to small businesses from sources outside the Government, specifically the creation of a Federal corporation to make such guarantees.
Prohibits any financial assistance from the SBA to small businesses that engage in the service of performing abortions. Sets forth a specified exception to such prohibition in cases where the life of the mother would be endangered if the fetus were carried to term.
Requires the SBA to impose a fee for specified services with regard to loans to small businesses. Directs such fees to be deposited into the general fund of the Treasury to cover the costs of such services. Requires the SBA to report to specified congressional committees with respect to such fees.
Title X: Committee on Veterans' Affairs - Veterans' Compensation and Health Care Amendments of 1985 - Subtitle A: Compensation Rate Increases - Veterans' Compensation Rate Amendments of 1985 - Amends Federal law to increase the rates of veterans' disability compensation, additional compensation for dependents, and the clothing allowance for certain disabled veterans. Increases the rates of dependency and indemnity for compensation for surviving spouses and for children, as well as the rates of supplemental dependency and indemnity compensaton for children.
Subtitle B: Health-Care Eligibility Reform - Veterans' Health-Care Eligibility Reform Act of 1985 - Amends Federal veterans' benefits provisions to require the Administrator of Veterans Affairs to furnish hospital care determined to be needed for: (1) a veteran for a service-connected disability; (2) a veteran for any disability, when such veteran's discharge from active duty was for a disability incurred in the line of duty; (3) a veteran for any disability, when such veteran is a former prisoner of war or was a veteran of specified wars or conflicts; and (4) to other veterans' in specified circumstances. Makes mandatory (currently, permissible) the furnishing of such care to Vietnam veterans and those exposed to toxic substances used for military purposes during the Vietnam era.
Requires certain veterans not otherwise eligible for such hospital to be provided care by the Administrator if such veterans agree to pay certain costs associated with such care.
Makes mandatory (currently, permissible) the furnishing of care on an outpatient or ambulatory basis to those veterans: (1) suffering from a service-connected disability; or (2) who are veterans of the Mexican border period or of World War I. Prohibits the Administrator from furnishing such care to veterans not otherwise eligible for such care unless such veteran agrees to pay certain costs associated with such care. Prohibits veterans from paying certain costs which exceed the inpatient Medicare deductible for such period. Repeals provisions which establish priority among veterans in the furnishing of medical services.
Revises provisions concerning the determination of a veteran's inability to defray necessary hospital and medical expenses to provide that a veteran shall be determined unable to defray such expenses if such veteran's income during the calendar year preceding his or her application for care is not greater than the health-care income threshold. Prohibits the Administrator from determining that a veteran is unable to defray such expenses if the estate value of the veteran is such that it would be reasonable to pay some part of such expenses from such estate. Defines the health-care income threshold for an individual, and the current maximum annual rate of pension for a veteran.
Provides that, in any case in which a veteran is furnished care or services for certain specified non-service-connected disabilities, the United States has the right to recover the reasonable cost of such care or services from a third party to the extent that veteran would be eligible to receive payment for such care or services from such third party if the care or services had not been furnished by a department or agency of the United States. Enumerates the non-service-connected disabilities for which such third-party payments apply. Subrogates the United States to any right or claim that the veteran may have against a third party. Permits U.S. intervention in court proceedings to enforce such rights or claims. Authorizes the Administrator to contract for collection services to recover amounts due the United States under these provisions. Outlines authority to be retained by the Administrator in entering such contracts. Authorizes the Administrator to prescribe regulations and enter into agreements for the purpose of determining the reasonable cost of care and services under this section. Permits the Administrator, for limited purposes, to make available clinical records of a veteran to a third party insurer to verify that services for which recovery or collection is sought were furnished.
Amends the Federal veterans' benefits provisions to require any non-Federal provider of hospital services to any Medicare beneficiary to also accept Veterans Administration (VA) beneficiaries on a similar basis, and to accept payments from the VA as payments in full.
Requires the Administrator of Veterans Affairs to report to the Secretary of Health and Human Services any noncompliance with health care provision agreements by such a non-Federal provider. Authorizes the Secretary to then terminate such agreement after a finding of noncompliance.
Directs the Administrator to report to the Senate and House Veterans' Affairs Committees concerning the provision of health care to veterans by the VA. Provides a conditional date for the submission of such report.
Subtitle C: Miscellaneous - Directs the Administrator, by January 15, 1986, to establish the Advisory Committee on American Indian Veterans (the Committee) to make an examination and evaluation with respect to the needs of American Indian veterans. Outlines membership and other organizational aspects of such Committee. Directs the Committee, no later than November 1, 1986, and November 1, 1987, to report its findings during each preceding fiscal year on such matters to the Administrator. Directs the Administrator, within 60 days after receipt of each report, to transmit a copy of such report to the Congress, together with appropriate comments. Terminates the Committee on the date on which the Committee submits its second report.
Requires the Administrator of Veterans Affairs to arrange for an epidemiological study of any long-term adverse gender-specific health effects on women veterans of Vietnam as a result of exposure to herbicides such as Agent Orange or to dioxins produced during the manufacture of such herbicides. Requires such study to be conducted in accordance with a protocol approved by the Director of the Office of Technology Assessment. Requires reports concerning such study by the Director to the appropriate congressional committees, at specified periods.
Requires the Administrator, not later than 24 months after the date of approval of the protocol approved by the Director, to report to the appropriate congressional committees concerning such study, together with recommendations. Requires the Administrator, within 90 days after the submission of each such report, to publish in the Federal Register any actions proposed by the Administrator with respect to programs administered by the Veterans Administration.
Specifies that this Act does not authorize the enactment of new budget authority for a fiscal year before FY 1987.
Outlines terms for a contract to carry out such study.