S.1730 - Consolidated Omnibus Budget Reconciliation Act of 198599th Congress (1985-1986)
|Sponsor:||Sen. Domenici, Pete V. [R-NM] (Introduced 10/02/1985)|
|Committees:||Senate - Budget|
|Committee Reports:||S.Rept 99-146|
|Latest Action:||Senate - 11/14/1985 Indefinitely postponed by Senate by Unanimous Consent. (All Actions)|
|Roll Call Votes:||There have been 22 roll call votes|
This bill has the status Introduced
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Summary: S.1730 — 99th Congress (1985-1986)All Information (Except Text)
(Measure indefinitely postponed in Senate, H. R. 3128 passed in lieu)
Indefinitely postponed in Senate (11/14/1985)
Consolidated Omnibus Budget Reconciliation Act of 1985 - Title I: Agriculture, Forestry, and Related Programs - Subtitle A: Agricultural Exports - Directs the Secretary of Agriculture to: (1) sell for export specified amounts of Commodity Credit Corporation (CCC) owned dairy products in each of FY 1986 through 1988; and (2) report semiannually to the appropriate congressional committees.
Subtitle B: Food Stamps and Commodity Distribution - Part 1: Food Stamps - Amends the Food Stamp Act of 1977 to permit certain publicly operated community health centers providing residential alcohol and drug rehabilitation programs to participate in the food stamp program (program).
Changes the adult age range from 20 years to 54 years to 20 years to 50 years for purposes of the thrifty food plan.
Modifies the definition of disabled person for program purposes to include anyone receiving Federal benefits based on a determination of blindness or disability under criteria similar to those used in the supplemental security income (SSI) program.
Amends the Food Stamp Act of 1977 and the Agriculture and Consumer Protection Act to require that social security numbers be submitted as a condition for eligibility in the Indian reservation food distribution program.
Includes as income for program purposes payments from State and local general assistance programs and Aid to Families with Dependent Children (AFDC). (Excludes medical, child care, energy, housing, and emergency assistance for such purpose.)
Includes as income for program purposes vendor-payment educational grants, loans, and scholarships exceeding tuition and mandatory fee costs. States that program benefits shall not be adjusted to reflect SSI or AFDC lump sum payment reductions.
Authorizes States to exclude from income child support payments which are excluded for AFDC purposes if the State agrees to pay the additional program costs caused by such exclusion.
Requires self-employed households with substantial earning fluctuations to have their income calculated on the basis of anticipated earnings.
Requires that States use monthly reporting and retrospective budgeting for households having earned income or any recent work history. Provides that elderly or disabled households with no earned income and migrant households shall be subject to prospective budgeting and a requirement to report changes in household circumstances when they occur (rather than monthly). Allows States the option of whether to apply monthly reporting and retrospective budgeting to other types of households.
Excludes from the assets test the value of a burial plot for each family member.
Grants automatic food stamp eligibility to households in which all members receive either AFDC or SSI benefits. Specifies that eligibility for food stamps may not be denied or terminated solely on the basis of an AFDC or SSI eligibility determination.
Includes Job Training Partnership Act benefits as program income.
Requires States to establish employment and training programs for able-bodies program recipients which may include job search training, employment training, and related educational and support programs. Requires States to place 25 percent of such recipients in work programs by the end of FY 1987, 35 percent by the end of FY 1988, and 45 percent by the end of FY 1990 and thereafter. Authorizes FY 1986 through 1989 appropriations. Requires a report to the appropriate congressional committees by January 1, 1989.
Extends the work registration and employment program requirements to 16 and 17 year old recipients who are not full-time students.
Requires that all (currently minus a pro-rata share) of an ineligible aliens income and assets be included in determining a household's eligibility or benefits.
Prohibits sales tax from being charged on food stamp purchases.
Requires (currently authorizes) the use of alternative means of coupon issuance in order to improve program integrity.
Authorizes States to use simplified application and benefit procedures for AFD, SSI, or medicaid households.
Requires States to provide a method of certifying and issuing food stamps to eligible households not residing in a permanent dwelling or without a fixed mailing address.
Prohibits financial institutions which redeem food stamps from retailers from charging a fee for redemption if the food stamps are submitted in accordance with Federal Reserve Board requirements.
Requires all adult members of a household, or one adult member of an expedited procedure household, to certify under penalty of perjury the truth of all application and report information.
Requires State agencies to verify household size where such size is questionable. Permits such agencies (currently only the Secretary) to establish other eligibility factors.
Permits photographic identification used for public assistance purposes to be used for program purposes.
Permits staggered coupon issuance throughout the month, except that no household may go more than 40 days between issuances.
Requires States to establish fraud detection units in project areas with 5,000 or more participating households.
Expands program information and application availability at Social Security Administration offices. Requires the Secretary of Health and Human Services to report to the appropriate congressional committees regarding the nature and extent of such additional costs.
Authorizes the disclosure of certain required food stamp information kept by retail stores to State agencies administering the Special Supplemental Food Program for Women, Infants, and Children (WIC). States that retail or wholesale food stores disqualified from program participation shall also be ineligible during such period for WIC participation.
Imposes a civil penalty on the transfer of a disqualified retail or wholesale food store. Prohibits a new owner (with actual or constructive knowledge of such penalty) from accepting food stamps until the penalty has been paid. Authorizes the Secretary of Agriculture to sue in district court to collect such penalty.
Makes all adult household members jointly and severally liable for the value of any coupon overissuances.
Makes State agencies liable for interest on claims established by the Secretary under such Act.
Requires States to use alternative means of collection to collect claims arising from intentional violations unless such alternative means are not cost-effective. Authorizes benefit offsets to be used to recover State-error overissuances.
Authorizes State agencies to intercept unemployment benefits in order to satisfy overissuances due to intentional program violations.
Requires a retail or wholesale food store, in order to obtain a judicial stay of an administrative penalty, to demonstrate the same conditions as are locally required for a judicial stay of an administrative order. (Presently a showing of irreparable injury is required.)
Requires the Secretary to set standards for periodic review of program office hours.
Requires States with error rates in excess of five percent to pay 75 percent of the value of erroneously issued benefits between five and seven percent, and 100 percent of erroneously issued benefits over seven percent.
Authorizes the Inspector General of the Department of Agriculture to develop geographical error prone profiles. Authorizes the Secretary to impose appropriate requirements in such areas. Requires the Secretary to report annually to the appropriate congressional committees, beginning 12 months after enactment of this Act.
Extends authority for cash payment pilot projects through FY 1989. Authorizes a cash change elimination pilot project.
Authorizes program appropriations through FY 1989.
Prohibits funds appropriated under this Act from being transferred to the Department of Agriculture's Office of the Inspector General or Office of the General Counsel.
Amends the Puerto Rico food assistance block grant program to: (1) repeal the noncash benefit requirement; (2) change the plan description submission date; and (3) permit different administering agencies to manage different aspects of such program.
Part 2: Commodity Distribution - Permits the transfer of perishable agricultural commodities under section 32 of Public Law 74-320 from a recipient organization to another organization for use by low income people.
Amends the Agriculture and Consumer Protection Act of 1973 to extend the commodity distribution program through FY 1989. Permits the use of such commodities at summer camps serving children age 18 and under (currently under age 18).
Extends the commodity supplemental food program through FY 1989. Increases from two to three the number of pilot projects serving low income elderly persons and extends such projects through FY 1989. Authorizes the inclusion of low income elderly persons in such program if available funds exceed the amount of funds necessary to serve women, children, and infants.
Amends the Temporary Emergency Food Assistance Act of 1983 to extend the temporary emergency food assistance program (TEFAP) through FY 1987. Requires State matching funds
Requires States to encourage commodity distribution in rural areas. Makes additional surplus commodities available under such program. Requires a semiannual report regarding such commodities to the appropriate congressional committees. Requires an annual report regarding any TEFAP-caused displacement of commercial sales.
Amends the Agriculture and Food Act of 1981 to include specified surplus commodities within certain food assistance programs.
Authorizes military commissaries to donate surplus food to local food banks.
Part 3: Effective Dates - Sets forth effective dates.
Subtitle C: Agricultural Credit - Amends the Consolidated Farm and Rural Development Act to prohibit the Secretary of Agriculture from retricting eligibility for Farmers Home Administration (FmHA) ownership and operating loans to current borrowers.
Amends water, waste facility, and community facility loan and grant provisions to: (1) require the Secretary to take into consideration design recommendations on an applicant's materials or design recommendations; (2) broaden the eligibility for five percent loans (80 percent of statewide nonmetropolitan median household income); (3) establish a seven percent loan category for households with medial incomes of between 80 and 100 percent of the statewide nonmetropolitan median family income; and (4) require the Secretary to make a study and report to the appropriate congressional committees regarding the construction of rural water and waste disposal facilities at individual locations.
States that the Secretary can sell notes held for at least four years from the Agricultural Credit Insurance Fund and the Rural Development Insurance Fund on a nonrecourse basis.
Limits rural industrialization assistance to loan guarantees for ethanol production and distribution.
Provides for farm recordkeeping training for limited resource borrowers.
Amends emergency loan provisions to: (1) limit total individual indebtedness to $400,000, or maximum individual loans for any single disaster to the lesser of the actual disaster loss or $200,000; (2) repeal the additional emergency loan provision; and (3) prohibit crop losses which were insurable under the Federal Crop Insurance Act from qualifying for emergency loans.
Directs the Secretary, with the approval of the head of the State FmHA office to permit a borrower to make a one time transfer of a loan account to an adjacent country.
Authorizes FmHA insured loan borrowers to make prospective loan payments with the proceeds from: (1) oil, gas, or mineral leasing rights associated with the land used to secure such loan; and (2) the sale of oil, gas, or minerals if the value of such assets has not been used to secure the loan and the collateral for the loan is otherwise adequate. Stipulates that such provision shall not apply in the case of a pending liquidation or foreclosure.
Establishes time limitations for the approval or disapproval of FmHA loan applications (decision on a completed application within 90 days, loan funds given within 15 days of application approval). Requires the Secretary to take steps to make the necessary personnel and resources available for FmHA to process loan applications.
Requires the Secretary to: (1) make certain information and hearing privileges available for denied loan appeals; and (2) conduct a study of the FmHA loan appeals procedure and report to the appropriate congressional committees by September 1, 1986.
Amends farmland disposition and leasing provisions to: (1) give sale or lease priority to family farmers; (2) permit purchase option leasing, with special consideration to be given to previous owners with a reasonable chance of successful operation; (3) provide for land sales through installment sales on similar devices under terms that protect FmHA's interest and at prices that reflect anticipated incomes; (4) subdivide land as necessary to provide family-size parcels; and (5) require the Secretary to advertise the availability of such land.
Requires the Secretary to release to borrowers sufficient money from the sale of security property to pay essential household and farm operating expenses.
Requires the Secretary, upon the borrower's request, to furnish such person with a loan summary statement.
Authorizes FY 1986 through 1988 appropriations for: (1) farm ownership and operating guaranteed and insured loans (as specified by this Act); (2) emergency loans; (3) ethanol production and distribution; and (4) water and waste facility loans.
Increases from 20 percent to 25 percent the minimum percentage of ownership and operating loans that must be made available to limited resource borrowers.
Requires the Secretary to establish an interest rate reduction plan for loans guaranteed under such Act. Provides that in return for a lending institution's reduced interest rate to a borrower, the Secretary shall make payments to such lender of up to 50 percent of the cost of the rate reduction (not to exceed a maximum of two percent). States that such Secretary-lender contracts shall not exceed the outstanding term of the loan or three years, whichever is less. Authorizes up to a specified amount of Agricultural Credit Insurance funds for such purposes.
Requires the Farm Credit Administration to: (1) conduct a study of the farm credit system; and (2) report to the appropriate congressional committees within 180 days.
Requires the Secretary to: (1) conduct a study of the appropriateness of the Farm and Home Plan loan form; and (2) report to the appropriate congressional committees within 120 days.
Prohibits the Farm Credit Administration from taking any action under the Farm Credit Act of 1971 which would result in the liquidation or merger of any Federal land bank association or production credit association unless such liquidation or merger was approved by the stockholders of the association prior to November 14, 1985, or after December 31, 1985.
Title II: Committee on Armed Services - Limits the amounts available for obligation for FY 1986 for basic pay and payments into the Department of Defense Military Retirement Fund for each of the military departments.
Directs the Secretary of Defense, no later than ten days after the enactment of this Act, to submit a report to the Congress proposing two separate sets of changes in the military nondisability retirement system. Outlines information to be included in one or both sets of proposed changes. Requires the Secretary to submit various related reports on the same date. Outlines the accounting methods and procedures to be used in determining costs and savings associated with such proposed changes.
Amends Federal armed forces medical care provisions to give the United States the right to recover from a third-party payer the reasonable cost of medical and dental care in a facility of the uniformed services incurred on behalf of military retirees and their dependents. Allows hospital records to be examined to determine the reasonable cost of such services. Directs the Secretary of Defense to prescribe regulations to administer this provision.
Directs the Secretary of Defense and the Secretary of Health and Human Services to jointly study the possible effects of the adoption of a prospective payment system for inpatient hospital services to be used under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Outlines information to be included in such study. Requires the Secretaries, no later than December 1, 1985, to submit a report of their findings and recommendations relating to such study to the Committees on Armed Services and Finance of the Senate and the Committees on Armed Services and Ways and Means of the House of Representatives.
Amends title XVIII (Medicare) of the Social Security Act to require hospitals which provide inpatient hospital services which are reimbursed under Medicare to similarly provide such services under CHAMPUS and the Civilian Health and Medical Program of the Veterans Administration (CHAMPVA).
Title III: Committee on Banking, Housing, and Urban Affairs - Housing and Community Development Reconciliation Amendments of 1985 - Amends the Housing and Community Development Act of 1974 to prohibit the Federal Financing Bank, as of July 1, 1986, from purchasing notes or obligations (guaranteed under the community development block grant program) which are issued by local governments to finance the purchase or rehabilitation of real property. Directs the Secretary of the Department of Housing and Urban Development to provide for private sector financing of such obligations.
Amends the United States Housing Act of 1937 to authorize appropriations for FY 1986 for public housing operating subsidies.
Forgives, on the later of September 30, 1985, or the date this Act is enacted: (1) any outstanding principal and interest on any loan made by the Secretary to a public housing agency to finance the development, acquisition, or operations of a lower income housing project if the loan was to be repaid using annual contributions; and (2) the notes and obligations issued by the Secretary to finance such loans.
Amends the Housing Act of 1949 to set forth program levels and authorizations for rural housing assistance programs for FY 1986.
Directs the Secretary of Agriculture to sell insured or guaranteed rural housing loans to the public and to pay each loan holder the difference between the interest rate paid by the borrower and the market rate on comparable obligations. Requires any such loan to be assigned to the Secretary for the purpose of avoiding foreclosure in the event of a default by the borrower. Directs the Secretary to use proceeds of loan sales to establish a reserve against future losses. Repeals a provision allowing guaranteed rural housing loans to be made only to borrowers with moderate or above-moderate incomes.
Amends the Housing and Community Development Act of 1974 to authorize appropriations for urban development action grants for FY 1987. Reduces the amount authorized for FY 1986. Revises the selection criteria for a national competition for such grants to include the extent to which a project: (1) is located in the portion of the applicant city or urban county with the highest comparative degree of economic distress; (2) will produce goods or services for export from the applicant's economy; (3) would retain jobs which would be lost otherwise; and (4) would relieve the applicant's most pressing employment or residential needs. Requires additional consideration for projects located in cities or urban counties which have not received grants for one or two years. Removes the designation of the comparative degrees of economic distress among applicants as the primary criterion. Prohibits the Secretary of Housing and Urban Development from awarding a grant unless he or she determines that: (1) the project would have a substantial impact on physical and economic development of the city or urban county; (2) the proposed activities would be accomplished in a timely fashion; and (3) the city or county has demonstrated performance in housing and community development programs. Sets forth formulae for awarding points and distributing grant funds based on such criteria. Requires the Secretary to submit to the Congress by March 15, 1986, a report evaluating the grant standards for eligibility and project selection. Requires a grant recipient to make any repaid grant funds available for activities eligible for Federal funds under a community development program and to file an annual statement with the Secretary on the past and projected use of repaid grant funds. Includes the counties of Kauai, Maui, and Hawaii in the State of Hawaii as "cities" for grant purposes.
Title IV: Committee on Commerce, Science, and Transportation - Limits the amounts that may be appropriated for FY 1986 through 1988 for: (1) local rail assistance programs; and (2) the National Railroad Passenger Corporation (Amtrak).
Amends the Rail Passenger Service Act to eliminate the limitation on maximum compensation of officers of Amtrak.
Provides 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).
Repeals provisions requiring Amtrak to establish a Performance Evaluation Center.
Requires Amtrak to report to the Congress annually (currently monthly) on its operations and operational problems for each route.
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).
Permits Amtrak, beginning October 1, 1986, to discontinue service on routes not meeting short term avoidable loss per passenger mile criterion, unless Amtrak has entered an agreement with a State ensuring criterion satisfaction. Eliminates passenger mile per train criterion for route service continuation determinations.
Repeals the Secretary of Transportation's interim authority to provide emergency financial assistance for railroads operating passenger service.
Authorizes (currently requires) the Comptroller General to conduct performance audits of Amtrak. Repeals provisions requiring Amtrak to submit to the Congress annual reports on: (1) revenue; and (2) Northeast Corridor improvement project progress.
Directs the Interstate Commerce Commission to assign a compensation standard to an entity obtaining services from Amtrak solely for the benefit of such entity.
Amends the Communications Act of 1934 to authorize appropriations for FY 1986 through 1988 to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities. Repeals a provision that requires 75 percent of the funds appropriated for such purposes in a fiscal year to be available to extend delivery of public telecommunications services to areas not receiving such services. Authorizes appropriations, to match up to a specified amount of non-Federal contributions to public broadcasting entities, for the Public Broadcasting Fund for FY 1987 through 1990. Repeals a provision that requires that a specified portion of the amount made available to the Corporation for Public Broadcasting from the Fund be earmarked for expenses of research, training, technical assistance, engineering, instructional support, and the payment of interest on indebtedness.
Repeals provisions requiring a public telecommunications entity to refund to the Corporation for Public Broadcasting an amount of Federal funds equal to the amount of any unrelated business income tax paid by such entity.
Authorizes appropriations for the Federal Communications Commission for FY 1986 and 1987. Extends the effectiveness of provisions concerning the reimbursement of travel expenses of Commission officers or employees through FY 1987.
Changes the deadline for the Commission's annual report to the Congress from January 31 to March 31.
Sets forth a schedule of charges to be implemented and assessed by the Commission for specified administrative services. 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 specified radio public 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.
Authorizes appropriations to the Department of Commerce to enable the National Oceanic and Atmospheric Administration to carry out the following types of duties for FY 1986 and 1987: (1) executive direction and administration; (2) marine services; (3) aircraft services; (4) nonliving marine resource; (5) ocean research; (6) ocean service; (7) mapping, charting and geodesy; and (8) duties under the National Advisory Committee on Oceans and Atmosphere Act of 1977, title II of the Marine Protection, Research, and Sanctuaries Act of 1972, and the National Ocean Pollution Planning Act of 1978. Authorizes appropriations for such years for salaries, pay, and other employee benefit necessary to enable NOAA to carry out its programs at current levels.
Revises provisions concerning the sale of charts published by NOAA to provide for price increases of such charts in order to meet rising publishing costs. Directs the Secretary of Commerce, three years after the date of enactment of this Act and triennially thereafter, to report to the Congress on the effect of imposing or maintaining such increased prices. Requires the Secretary to adjust such prices as necessary to avoid any adverse impact on air and marine safety.
Provides for the distribution of such charts to foreign governments international organizations, and departments and offices in the United States.
Authorizes appropriations for FY 1986 for the Department of Transportation for the following maritime items: (1) operating differential subsidy; (2) research and development activities; and (3) operations and training activities, including maritime education and training expenses and national security support capabilities. Authorizes appropriations for FY 1986 for the Federal Maritime Commission.
Confer exclusive jurisdiction upon the court of appeals to enjoin, set aside, suspend, or determine the validity of all final orders of the Federal Maritime Commission entered under the Federal shipping laws.
Amends the International Travel Act of 1961 to authorize appropriations for FY 1986 through 1988 for the U.S. Travel and Tourism Administration.
Title V: Committee on Energy and Natural Resources - Subtitle A: Department of Energy Programs - Part 1: Strategic Petroleum Reserve - Authorizes appropriations for certain expenses of the Strategic Petroleum Reserve for FY 1986 through 1988.
Amends the Energy Policy and Conservation Act to direct the President to undertake petroleum acquisition, transportation and injection activities which assure a minimum average annual fill-rate of 35,000 barrels per day.
Part 2: Uranium Enrichment Program - Authorizes appropriations to the Department of Energy for uranium enrichment activities for FY 1986 through 1988. Requires the Secretary of Energy to report to certain congressional committees regarding a certain Federal court decision that the Department's Utility Services Uranium Enrichment Contracts are null and void.
Part 3: Energy Conservation - Federal Energy Cost Reduction Act of 1985 - Amends Title V of 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 contracts to be included in certain annual reports submitted by the Secretary.
Subtitle B: Department of the Interior Programs - Outer Continental Shelf Lands Act Amendments of 1985 - Amends the Outer Continental Shelf Lands Act to repeal and revise certain guidelines regarding the leasing of lands within three miles of the seaward boundaries of coastal States.
Directs the Secretary of the Interior to deposit into a separate Treasury account all receipts derived from any Federal tract lying wholly or partially within three nautical miles of the seaward boundary of any coastal State.
Sets guidelines for the disposition of: (1) common potentially hydrocarbon-bearing areas which underlie Federal and State boundaries; (2) revenues from oil and gas lease sales where there is a boundary dispute between the United States and a State; (3) revenues from a tract leased by the Secretary which lies wholly or partially within three miles of the seaward boundary of two or more States; and (4) the distribution of revenues from federally leased tracts to certain designated coastal States (where such tracts lie wholly or partially within three nautical miles of the seaward boundary of any coastal State).
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 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 Biomass Energy and Alcohol Fuels Act of 1980 to: (1) extend from September 30, 1984 to June 30, 1986, the authority of the Secretary of Energy to incur specified financial obligations (including loan and price guarantees); and (2) authorize the Secretary to modify any conditional loan guarantee commitments made prior to October 1, 1984.
Title VI: Committee on Environment and Public Works - Sets obligation limitations upon Federal-aid highways and highway safety contruction programs for FY 1986 through 1988. Specifies exemptions. Sets allocation guidelines for the distribution of such obligation limitations.
Sets obligation limitations upon the States for the first quarter of FY 1985 through 1987.
Directs the Secretary of Transportation to: (1) provide all States with authority to prevent lapses of authorized appropriations which have been apportioned for Federal-aid highways and highway safety construction; and (2) redistribute Federal-aid highway and highway safety construction funds based upon a determination of which States will obligate such funds and which States will not.
Prohibits the Secretary from distributing amounts authorized for administrative expenses and Federal lands highways.
Increases to $55,000,000 the State Emergency Repair Fund limitation for projects in connection with disasters or failures occurring in calendar year 1985.
Title VII: Committee on Finance - Subtitle A: Medicare - Part 1: Provisions Relating to Part A of Medicare - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide that the increase in payments for inpatient hospital services shall be one half percent for cost reporting periods beginning during FY 1986 and a percentage increase determined by the Secretary of Health and Human Services thereafter, but not exceeding the market basket percentage increase in the cost of such services.
Directs the Secretary to adjust payment amounts to hospitals for discharges occurring during FY 1986 to reflect changes the Secretary promulgated in final regulations relating to the hospital wage index.
Revises the formula which provides for additional payments to hospitals for indirect costs of medical education. Continues, for the purpose of determining a hospital's indirect costs of medical education, the counting of interns and residents assigned to a hospital's outpatient services.
Provides for an additional payment, in FY 1986 and 1987, to hospitals which serve a disproportionate share of low income patients. Requires hospitals with less than 100 beds to serve a greater proportion of such patients than larger hospitals in order to receive the payment.
Freezes Medicare payment for one year for approved educational activities at hospitals. Provides that following the freeze, Medicare will only fund residencies or internships for the lesser of five years or the number of years required for initial board eligibility in a specialty, but authorizes additional years of funding for those participating in certain geriatric fellowship programs. Directs the Secretary to conduct a study of the advisability of continuing this exemption for geriatric fellowships and expanding such exemption to cover other educational activities. Eliminates funding, on a graduated basis beginning on July 1, 1986, for any interim or resident who graduated from a medical school lacking specified accreditation.
Directs the Secretary to conduct a study of and report to the Congress with respect to approved educational activities relating to nursing and other health professions for which Medicare reimburses hospitals.
Directs the Comptroller General to conduct a study of and report to the Congress with respect to the difference between the amounts of payments made under Medicare for inpatients treated in a teaching hospital and the amounts of such payments which are made for comparable patients treated in a nonteaching hospital.
Provides for the continuation of certain State hospital reimbursement control systems in effect on January 1, 1985. Continues funding, until July 1, 1986, for State systems for which approval was requested before December 31, 1984, and received, so long as the State is taking steps to satisfy certain program requirements.
Provides that the basis for capital allowances to the new owner, in the case of the transfer of hospital ownership without monetary consideration from a State to a non-profit corporation, shall be the book value of the hospital to the State at the time of transfer.
Directs that, where a hospital has received a waiver for direct billing of non-physician services under part B (Supplementary Medical Insurance) of title XVIII, the adjustment of indirect costs of educational activities shall be made as if the hospital did not have part A payments reduced by reason of such waiver.
Clarifies the inclusion of the services of clinical psychologists as inpatient hospital services under Medicare.
Requires any hospital with an emergency department to provide examination and stabilizing treatment of emergency conditions (including treatment for active labor) for any individual (whether or not eligible for Medicare) coming to such department if such examination or treatment is within the capability of the hospital's emergency department.
Expresses the sense of the Senate that the Committee on Finance should report legislation which will reform calculation of the annual increase in the inpatient hospital deductible so that it is more consistent with annual increases in Medicare payments to hospitals.
Directs the Secretary to adjust prospective payment rates to reasonably compensate sole community hospitals experiencing a significant increase in operating costs due to the addition of new inpatient facilities and services.
Subpart B: Benefits - Amends the Tax Equity and Fiscal Responsibility Act of 1982 to eliminate the sunset provision with respect to payment for hospice care. Increases the payment rate for daily hospice care.
Prohibits the Secretary from conducting any demonstration projects relating to competitive bidding as a method of purchasing laboratory services under Medicare. Directs the Secretary and Comptroller General to cooperate with clinical laboratories in conducting a study to determine whether there are better methods than competitive bidding in setting payment levels for laboratory services.
Requires the Secretary, in determining whether payments to a home health agency should be denied, to apply a presumption of compliance until 12 months after certain regional intermediaries have begun to service such agencies. Prohibits the implementation of certain regulation regarding payments for home health services.
Directs the Secretary to conduct studies and report to the Congress on the advisability of: (1) allowing home health services to be provided under the supervision of a physical therapist or other health care professional (currently, the supervision of a physician or nurse is required); and (2) deleting the requirement that a physical therapist have an office equipped with specified equipment even if all services are provided in patients' homes.
Requires the Secretary to publish notice of the projected increase in the inpatient hospital deductible by September 15th of each year.
Part 2: Provisions Relating to Parts A and B of Medicare - Requires that payment for health care items or services, to the extent possible, be made by an employed individual's group health plan before any Medicare payments are made. Amends part B to define the special enrollment period as the period beginning with the first day of the first month in which an individual is no longer enrolled in a group health plan by reason of current employment and ending seven months later. Amends the Age Discrimination in Employment Act of 1967 to prohibit an employer from discriminating, under the employer's group health plan, against an employee over age 65.
Directs the Secretary to maintain the renal disease network organizations and not to merge the network into other organizations or entities.
Requires the Secretary to extend, for three additional years, approval of three specified municipal health services demonstration projects.
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Act to provide coverage for respiratory care furnished as part of extended care services and as part of home health services for an individual who is medically dependent on a ventilator for life support for at least six hours a day and who meets certain other requirements.
Transfers a specified sum from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Fund for FY 1986-1988 to Medicare benefit carriers and fiscal intermediaries so that they may conduct provider costs audits and reviews of medical necessity.
Provides that certain skilled nursing facilities may choose to be paid a prospective payment for all routine service costs of extended care services provided in a fiscal year. Sets the time by which the Secretary must establish the prospective payment amounts, and such facilities must notify the Secretary of their choice of prospective payment for the fiscal year. Provides that the Secretary may pay for the ancillary services of such facilities on a reasonable charge basis, rather than on a cost basis, if such would ease the reporting burden of the facility. Directs the Secretary to: (1) designate regional agencies or organizations to serve as fiscal intermediaries with respect to freestanding nursing facilities; and (2) reduce the number of such intermediaries to ten by April 1, 1987. Requires the Secretary to annually publish the data and criteria to be used in adjusting payments to skilled nursing facilities for routine service costs.
Provides that the reasonable charge for immediately required services, billed to a health maintenance organization (HMO) or competitive medical plan (CMP) by a participating physician, shall be the full charge for such services. Makes sanctions applicable to non-participating physicians who bill an organization or plan for such services at inflated charges.
Requires the timely publication of the per capita rate of payment for each class of individuals enrolled with HMOs and CMPs.
Expresses the sense of the Senate that the Secretary should consider implementing a policy under which a liver transplant is no longer excluded from Medicare coverage as an experimental procedure for individuals over age 18.
Part 3: Provisions Relating to Part B of Medicare - Extends, for one year, the current freeze on physician charge levels for non-participating physicians under part B, while providing incentives for participating physicians.
Extends, for an additional year, provisions under which part B premiums shall equal 25 percent of program costs. Provides that any cost-of-living increase in the part B premium in December of 1985, 1986, or 1987 shall be reduced for recipients of Old-Age or Disability Insurance benefits under title II of the Act to the extent necessary to maintain that individual's net check amount for succeeding months at its December level.
Revises the computation of customary charges with respect to certain former hospital compensated physicians. Limits the increase in the prevailing charge for medical and other health services, other than physicians' and clinical laboratory services, to one percent for FY 1986 and the percentage increase in the consumer price index thereafter.
Prohibits coverage for an assistant in a cataract operation unless, before surgery, the appropriate utilization and quality control peer review organization has approved the use of an assistant because of a complicating medical condition. Directs the Secretary: (1) after consultation with the Prospective Payment Assessment Commission, to develop recommendations and guidelines respecting other surgical procedures for which an assistant at surgery is generally not medically necessary and the circumstances under which an assistant is appropriate; and (2) to report to the Congress with recommendation and guidelines.
Provides that, with respect to the payment for replacement cataract eyeglasses and cataract contact lenses: (1) payment may be made for the replacement only once every year of lost or damaged cataract eyeglasses; and (2) payment may be made, in the first year after surgery, for one origional cataract contact lens for each eye and for the replacement only twice of a lost or damaged cataract contact lens for each eye, and in each subsequent year, for the replacement only twice of a lost or damaged cataract contact lens for each eye.
Directs the Secretary to establish a demonstration program designed to reduce disability and dependency through the provision of preventive health services to Medicare beneficiaries. Sets forth provisions relating to: (1) preventive health services to be made available under the demonstration program; (2) the conduct of the program; (3) evaluation of the program; (4) reports to the Congress; (5) funding; and (6) waiver of Medicare requirements.
Prohibits the standard overhead amount established for a surgical procedure performed either in an ambulatory surgical center (ASC) or in a physician's office from exceeding the Diagnosis Related Group (DRG) rate for the same surgical procedure when provided to a hospital inpatient. Provides that the amount of the charge that will be considered reasonable for facility services for a surgical procedure provided on an outpatient basis in a hospital shall equal 80 percent of the standard overhead amount of such procedure when provided in an ASC. Excludes anesthesia services furnished by a certified registered nurse as a facility service, but requires the Secretary to establish a payment method for those services provided in connection with such a surgical procedure.
Requires a utilization and quality peer review organization to review all ambulatory surgical procedures which can also be performed on a hospital inpatient basis.
Requires copayments for procedures performed in an ASC.
Part 4: Miscellaneous Medicare Provisions - Directs the Secretary to extend the waiver of certain Medicare and Medicaid requirements with respect to the On Lok Senior Health Services Program.
Provides for the appointment of two additional members to the Prospective Payment Assessment Commission.
Removes the prohibition on comments by Medicare and Old-Age, Survivors and Disability Insurance (title II of the Act) actuaries relating to economic assumptions underlying the annual reports of the Trustees of the Social Security Trust Funds on the status of such funds.
Amends the Deficit Reduction Act of 1984 to extend, by six months, the date by which the General Accounting Office must submit its study concerning the cost and performance of Medicare fiscal intermediaries and benefit carriers
Part 5: Peer Review Organizations - Removes the limitation on HMO membership on peer review organization boards. Amends part B (Peer Review) of title XI (General Provisions) of the Act to require the reimbursement of peer review organizations on a monthly basis. Requires peer review organization reviews to include the review of items and services provided under Medicare by HMOs and CMPs.
Authorizes the Secretary, after giving notice of intent to terminate a peer review organization contract and prior to contracting with another organization, to transfer review responsibilities to another peer review organization or to a Medicare fiscal intermediary or benefit carrier.
Requires a peer review organization's denial of payment to a health care provider by reason of its failure to meet professionally recognized standards of care to be based on criteria developed by the organization pursuant to a plan approved by the Secretary.
Subtitle B: Medicaid and Maternal and Child Health - Part 1: Medicaid - Amends title XIX (Medicaid) of the Act to provide that the availability of pregnancy services to pregnant women covered by a State plan shall not require the availability of such services to others. Authorizes a State to: (1) make pregnant women eligible for medical assistance for 60 days following pregnancy if eligibility would otherwise have ceased; and (2) limit such extended eligibility to post partum care.
Directs the Secretary to establish a task force, within six months of enactment of this Act, to consider home or community based alternatives to institutional care for technology dependent children. Requires the task force to submit a final report on its activities to the Secretary and the Congress within two years.
Provides for the coverage of hospice care.
Extends a specified long term care demonstration project to January 1, 1989.
Requires State or local agencies administering a State plan to collect data on, and submit a plan to the Secretary facilitating the pursuit of claims against, third parties liable for care and services provided under the plan. Protects individuals entitled to medical assistance from: (1) collection efforts of service providers in certain cases where there is sufficient third party liability for payment; and (2) service refusal because of potential third party liability for payments.
Requires the review of a State's mechanized claims processing and information retrieval system once every three years (currently each fiscal year). Includes as part of such review, the State's compliance with performance standards the Secretary develops to assess the State's third party collection efforts.
Amends the Employee Retirment Income Security Act of 1974 to prohibit the reduction of benefits under an employee benefit plan by reason of a participant's eligibility for Medicaid.
Amends the Medicaid, Aid to Families with Dependent Children (part A of title IV of the Act) and Supplemental Security Income Programs (title XVI of the Act) to require recipients of assistance to cooperate in identifying and pursuing third parties liable to pay for services.
Authorizes States to provide targeted case management services to assist eligible individuals in receiving needed Medicaid services.
Requires States to assure the Secretary that the valuation of the capital assets of skilled nursing facilities and intermediate care facilities,for the purpose of determining payment rates, will not be increased (solely as a result of a change of ownership) beyond the increase in either of two specified cost indicators. Requires the Comptroller General to report to the Congress in two years on the effects of this requirement.
Authorizes State plans to make medical assistance available to individuals who are in a medical institution for no less than 30 consecutive days. Provides that State plans may make such assistance available to children under five years of age even if they were born before September 30, 1973 (currently the cut-off date).
Provides States 60 days to recover an overpayment to a person or other entity before an adjustment is made in the Federal payment to the State, unless the debt to the State is uncollectable.
Authorizes the Secretary to extend, upon the State's request, any waiver for home and community based services which expires during FY 1985. Provides that renewals of such waivers shall be for five years (currently, three years).
Requires the State agency administering home and community based service programs to enter into cooperative arrangements with the State agency administering the program for children with special health care needs under title V (Maternal and Child Health Block Grant) of the Act so as to refer children eligible for home or community based care to the title V agency.
Authorizes the Secretary to waive, in the case of entities providing a limited number of services and no inpatient hospital services in connection with home and community based care, the requirement that certain entities meet specified qualifications as HMOs.
Directs the Secretary to designate the 1985 edition of the Life Safety Code of the National Fire Protection Association as the code applicable to skilled nursing and intermediate care facilities under Medicare and Medicaid, respectively.
Requires the Secretary, within 60 days of enactment of this Act, to promulgate proposed regulations revising standards for intermediate care facilities for the mentally retarded under Medicaid.
Authorizes entites which received certain grants under the Public Health Service Act or the Appalachian Regional Development Act of 1965 to participate in Medicaid even though they do not qualify as HMOs with a specified percentage of members ineligible for Medicare or Medicaid. Authorizes the State plan to continue the eligibility of individuals enrolled with such entities to the end of the minimum eligibility period, even if such individuals otherwise become ineligible for Medicaid, and to restrict the period during which enrollees may terminate their enrollment.
Amends part A of title XI (General Provisions) of the Act to require the annual (currently, biennial) calculation of the Federal medical assistance percentage for each State beginning in FY 1988.
Authorizes the use of a sampling of individuals receiving medical assistance in mental hospitals, skilled nursing facilities, and intermediate care facilities for review of the adequacy and necessity of such assistance.
Provides for the reinstatement and biennial renewal of a specified HMO waiver.
Amends the Deficit Reduction Act of 1984 to make it clear that unapproved State plans and amendments to those plans are also protected by the moratorium against regulatory actions imposed by that Act. Requires the Secretary to implement the policy in effect at the beginning of the moratorium regarding the sale of institutionalized individual's homes so that they may maintain Medicad eligibility.
Directs the Secretary to select four programmatically and demographically disparate States to conduct three year demonstration project to determine whether and to what extent home and community based service programs can reduce government and social expenditures.
Allows States to replace deceased or ineligible recipients of home or community based services with other individuals when a waiver limits the number receiving such services.
Continues, for one year, a specified demonstration project involving the training of title IV, part A (Aid to Families with Dependent Children) beneficiaries as home health aides. Sets Federal matching for the project at 50 percent.
Provides that, when an intermediate care facility for the mentally retarded has substantial deficiencies which do not pose an immediate threat to the resident's health and safety, the State may submit a written plan detailing the deficiencies and a timetable for their correction. Imposes penalties on States which fail to make such corrections within prescribed time periods.
Part 2: Maternal and Child Health - Amends title V (Maternal and Child Health Block Grants) of the Act to eliminate the two-year limit for the obligation of funds allotted to a State for a fiscal year.
Replaces references to crippled children with references to children with special health care needs.
Subtitle C: OASDI - Amends the Social Security Disability Amendments of 1980 to: (1) extend the Secretary's authority to waive compliance with the benefit requirements under titles II (Old Age, Survivors and Disability Insurance) and XVIII of the Act in connection with certain demonstration projects; and (2) require that the Secretary's final report shall not be due until June 9, 1990, with respect to such projects.
Directs the Secretary to appoint a special Disability Advisory Council to conduct studies and make recommendations with respect to the medical and vocational aspects of disability under both titles II and XVI (Supplemental Security Income) of such Act.
Exempts from taxation the social security benefits of certain citizens of U.S. possessions.
Treats an adopted greatgrandchild the same as an adopted grandchild for purposes of title II.
Revises the definition of "balance ratio" under title VII (Administration).
Extends the reentitlement period for a disabled child.
Revises provisions relating to: (1) work deductions affecting auxiliary benefits in disability cases; and (2) the disability offset.
Provides, with respect to voluntary agreements for OASDI coverage of State and local employees, that in certain cases agreements or modifications of an agreement with the Secretary can be mailed to the Secretary.
Amends the Internal Revenue Code to provide that social security benefit checks delivered before the end of the calendar month for which they are issued shall be deemed to have been received in the succeeding calendar month.
Amends title XVI of the Act to provide for the eligibility of certain disabled widows and widowers who became ineligible for SSI benefits following the enactment of the Social Security Amendments of 1983 which resulted in the exclusion of certain individuals from SSI eligibility because of OASDI increases to widows' and widowers' insurance benefits.
Amends title II of the Act and the Internal Revenue Code to provide that the pensions received by retired judges who are assigned to active duty shall not be treated as wages for purposes of title II.
Provides for the recovery of the overpayment of benefits made under title II or XVI to a deceased individual and credited to an account held jointly with the deceased by an entitled surviving beneficiary.
Directs the Secretary to: (1) appoint a special panel to conduct studies on steps which might be taken to rectify inequities (the "notch" problem) resulting from 1977 changes in the social security benefit formula; and (2) report on the study to specified congressional committees by December 15, 1986.
Restores to the social security trust funds and other Federal retirement funds, losses resulting from noninvestments, redemptions, and disinvestments occurring over a specified period.
Provides for title II coverage of certain Connecticut State police.
Subtitle D: AFDC, SSI, Adoption Assistance, Foster Care, and Unemployment Compensation - Directs the Secretary and the National Academy of Sciences to conduct concurrent independent studies of quality control systems for the Aid to Families with Dependent Children (AFDC) Program (part A of title IV of the Act) and the Medicaid Program. Sets forth reporting requirements. Places a two-year moratorium on the reduction of payments to States for high erroneous payment rates under the programs. Requires the Secretary to publish regulations, to be implemented after the moratorium, which restructure the quality control systems and adjust the reduction of payments to States for quarters before, during, and after the moratorium.
Authorizes the Secretary to cut Federal funding for a statewide mechanized claims processing and information retrival system under the AFDC Program by 40 percent if such a system is not implemented by the date specified in the State's automatic data processing planning document.
Prohibits the consideration of judgment funds, up to a specified amount per family, as income or resources which might result in the denial or reduction of Federal assistance to Indians under the Social Security Act or another Federal program.
Amends title XVI (Supplemental Security Income) of the Act to restore a State option involving the maintenance of a certain level of supplementary payments so as to remain eligible for Federal payments under Medicaid.
Amends part E (Foster Care and Adoption Assistance) of title IV to provide Medicaid eligibility for children with respect to whom an adoption assistance agreement is in effect, even if payments are not made under the agreement. Extends, for two years, provisions which permit States to transfer certain part E funds to part B (child welfare) of title IV.
Requires payments to be made under part E of title IV, in FY 1986 and 1987, to assist States in establishing independent living initiatives for children with respect to whom foster care maintenance payments are being made and who have attained age 16. Directs that the programs be designed to prepare participants to live independently upon leaving foster care. Sets forth reporting requirements designed to provide the data needed for decision-makers considering the feasibility of improvements to, and additional funding for, such programs.
Amends title III (Unemployment Compensation) of the Act to allow any State to enter into an agreement with the Secretary of Labor authorizing the State to recover overpayments made to individuals by deducting the overpayment from amounts otherwise payable to such individuals and paying the deducted amount to the jurisdiction under whose program the overpayment was made.
Subtitle E: Customs Fees - Directs the Secretary of the Treasury to charge the following fees for providing customs services: (1) for the arrival of a commercial vessel of 100 net tons or more, $397; (2) for the arrival of a commercial vessel of less than 100 net tons, $25; (3) for the arrival of a commercial truck, five dollars; (4) for the arrival of each railroad car, five dollars; (5) for each arrival made by a private vessel or private aircraft, $25; (6) for the arrival of each passenger aboard a commercial vessel or aircraft from a place outside the United States (other than Canada, Mexico, a U.S. territory, or any adjacent island), five dollars; (7) for each informal entry for which a document is prepared by a customs officer unless a fee has been charged under (6), five dollars; (8) for each item of dutiable mail for which a document is prepared by a customs officer, five dollars; (9) for the initial transportation of a shipment of merchandise in bond, ten dollars; and (10) for each customs broker permit, $125 per year.
Prohibits charging a fee for customs services provided in connection with: (1) the arrival of any passenger whose journey originated in Canada, Mexico, a U.S. territory, or any adjacent island; or (2) the arrival of any railroad car that is part of a train which originates and terminates in the same country if certain conditions are met.
Amends the Tariff Act of 1930 to require all such customs fees to be deposited in an account in the Treasury designated as the Customs User Fee Account. Requires the funds in such Account to be used to reimburse the Secretary of the Treasury for expenses incurred in providing overtime customs inspection services.
Subtitle F: Trade Adjustment Assistance - Trade Adjustment Assistance Reform and Extension Act of 1985 - Amends the Trade Act of 1974 to make workers in agricultural firms or subdivisions of such firms eligible for trade adjustment assistance.
Requires that workers, including agricultural workers, shall be certified as eligible for trade adjustment assistance if increases in imports like or directly competitive with articles to which a worker's firm or subdivision provides essential parts or services contributed importantly to the total or partial separation of such worker or the threat of such total or partial separation and to a decline in sales and production of the firm or subdivision.
Makes agricultural firms eligible for trade adjustment assistance. Requires that firms, including agricultural firms, be certified as eligible for trade adjustment assistance if increases in imports like or directly competitive with articles which such firm produces or to which such firm provides essential parts or services contributed importantly to: (1) the total or partial separation of a significant number of workers at such firm or to the threat of such separations; and (2) a decline in the firm's sales or production or both.
Adds as a condition for receiving a trade readjustment allowance the requirement that the adversely affected worker: (1) is enrolled in an approved training program; (2) has completed such a program after the worker became separated from employment; or (3) has received a written statement certified by the Secretary of Labor that the Secretary was unable to approve a training program for such workers.
Suspends payment of such allowance to an adversely affected worker who has failed to begin, or has ceased to participate in, a training program when there is no justifiable cause for such failure or cessation, until the worker begins or resumes participation in a training program.
Requires the Secretary of Labor to submit to a worker a statement certifying that the Secretary could not approve a training program for such worker. Requires a State or State agency to give a similar certification to an adversely affected worker if the State or State agency is unable to approve a training program for such worker. Requires the Secretary of Labor to report annually to specified congressional committees on the number of certifications made by the Secretary of Labor. Limits to seven the number of weeks that may be treated as qualifying weeks of employment when an employee is (1) on employer authorized leave; or (2) serving as a labor organization representative.
Increases the maximum trade readjustment allowance to an amount equal to 78 (currently 52) times the amount of one week's trade readjustment allowance. Extends the coverage for trade readjustment allowances to 78 weeks. Provides for 78 weeks of trade readjustment assistance for a worker who receives a certification from the Secretary of Labor that the Secretary is unable to approve training for such worker. Prohibits payment of a trade readjustment allowance to a worker for any week during which the worker is receiving on-the-job training.
Changes the provision dealing with job training for adversely affected workers. Provides that such training must be "reasonably available" to the worker. Requires (currently authorizes) the Secretary of Labor to approve such training if specified conditions are met. Provides that such training may be paid for directly or through a voucher system.
Limits the total amount of job training payments that may be made for any worker for each partial or total separation. Authorizes the Secretary of Labor to issue more than one training voucher to a worker, but imposes the same limits on the total value of such vouchers as is imposed on the amount of payments.
Prohibits paying the costs of a training program if such costs have already been paid under another Federal law or if such costs are reimbursable under another Federal law.
Sets forth the types of training programs that may be approved.
Authorizes the Secretary of Labor to pay the costs of on-the-job training of an adversely affected worker only if: (1) such training is not for the same occupation from which the worker was separated and with respect to which such worker's group was certified as adversely affected; (2) the employer certifies to the Secretary that the employer will continue the employee's employment for 26 weeks after the training if the employee wants to continue and the employer does not have due cause to end the employment; (3) the employer has not violated certain provisions of the Job Training Partnership Act or any previous certification to continue the employment of a worker after completion of a training program.
Authorizes the Secretary to enter into adjustment assistance agreements with one or more State or local agencies, including: (1) the employment service agency of such State; (2) any State agency carrying out title III of the Job Training Partnership Act; or (3) any other such agency administering job training or related programs.
Requires the Secretary of Labor to reimburse an adversely affected worker for necessary expenses incurred by participation in a job search program.
Provides that adjustment assistance for firms shall be in the form of technical assistance only. (Current law provides for technical and financial aid.) Prohibits making any direct loans or loan guarantees for adjustment assistance for firms after enactment of this Act.
Extends trade adjustment assistance programs for workers and firms for six years after enactment of this Act.
Extends funding for adjustment assistance for workers and for firms through FY 1989.
Establishes within the Treasury a Trade Adjustment Assistance Trust Fund to carry out trade adjustment assistance for workers and firms. Provides for funding the Trust Fund.
Directs the President to undertake negotiations to change the General Agreement on Tariffs and Trade to allow countries to impose a small uniform duty on all imports in order to use the revenue from such duty to fund trade adjustment assistance programs. Directs the President to report to the Congress six months after enactment of this Act on the progress of such negotiations.
Directs the President to report to the Congress as soon as the GATT allows the imposition of such a duty.
Imposes an additional duty on all imports into the United States, including those imports granted duty-free treatment, except for articles treated as duty-free under part 148 of title 19 of the Code of Federal Regulations (governing personal declarations and exemptions.)
Amends the Internal Revenue Code to exempt from tax payments for job training costs or training vouchers received under a trade adjustment assistance program.
Subtitle G: Revenue Sharing - Terminates the general revenue sharing program on October 1, 1986. Requires the secretary of the Treasury to continue to be the trustee of the State and Local Fiscal Assistance Trust Fund until amounts in the Fund are expended for entitlement payments to local governments in accordance with the Revenue Sharing Act. Requires local governments to use, obligate, or appropriate such payments by April 1, 1987. Directs the Secretary to report to the Congress annually on the operation and status of the Fund as long as it remains on the books of the Treasury. Authorizes appropriations for FY 1987 for the phaseout of the revenue sharing program.
Subtitle H: Pension Benefit Guaranty Corporation - Amends the Employee Retirement Income Security Act of 1974 to increase from $2.60 to $8.10 per capita the annual premium rate payable to the Pension Benefit Guaranty Corporation by single-employer pension plans for plan years beginning after December 31, 1985.
Subtitle I: Revenue Provisions - Comprehensive Omnibus Budget Reconciliation Revenue Act of 1985 - Part 1: Income Tax Provisions - Amends the Internal Revenue Code to provide that full-time students shall not be eligible for income averaging. Exempts from such requirement married students providing 25 percent or less of joint income.
Denies an income tax deduction to employers for contributions to a group health plan unless such plan meets specified continuing coverage requirements.
Treats parents of airline employers as employees for purposes of special rules relating to fringe benefits. Sets forth a line of business test for affiliates providing airline-related services.
Treats the value of lodging furnished by certain educational institutions to employees as not greater than five percent of the appraised value of such lodging for purposes of determining the amount includible in gross income with respect to such lodging.
Allows certain insolvent taxpayers to reduce the capital gains preference item for purposes of the individual minimum tax.
Treats as tax-exempt governmental obligations certain industrial development bonds used to acquire existing air or water pollution control facilities provided the aggregate amount of such obligations does not exceed $200,000,000 and no more than $100,000,000 of such bonds are issued during calendar year 1986.
Sets forth special rules for the netting of gains and losses by cooperatives.
Extends from 1985 to 1986 the requirement that research and experimental expenditures must be allocated to income from sources within the United States.
Part 2: Superfund - Superfund Revenue Act of 1985 - Amends the Internal Revenue Code to provide a five-year extension to September 30, 1990, for the environmental excise tax on petroleum and certain feedstock chemicals. Provides that if the unobligated balance in the Hazardous Substance Superfund is more than certain amounts on September 30, 1988, or September 30, 1990 that no excise taxes will be imposed for calendar years 1989 or 1990. Provides that no excise tax will be levied after the date the Secretary of the Treasury estimates that more than $7,500,000,000 will be credited to Superfund. Provides exemptions from the chemicals feedstock tax: (1) the exportation of taxable chemicals; (2) certain domestically recycled nickel, chromium, or cobalt; and (3) substances used to produce animal feed. Treats the use of certain chemicals by the manufacturer, producer, or importer of the taxable chemical as a sale subject to the excise tax. Provides that certain inventory exchanges of taxable chemicals will not be treated as a taxable exchange.
Imposes an excise tax on the sale, lease, or importation of tangible personal property, in connection with a trade or business, by the manufacturer or importer of such property. Provides that the tax rate shall be .08 percent of the sales price of or gross lease payments for the property. Imposes the tax rate on the customs value of imported property plus customs duties (or the fair market value if no customs value is available). Terminates the imposition of this excise tax on December 31, 1990. Provides for earlier termination of the excise where the unobligated balance in the Superfund exceed specified threshold amounts, or where the cumulative Superfund receipts equal or exceed $7,500,000,000. Provides special rules for determining the taxable amount where sale or lease payments are received in more than one taxable period.
Provides that no tax is imposed on any manufacturer having $5,000,000 or less of sales or lease receipts in any year. Exempts from the excise tax any import shipment, including customs duties, of less than $10,000. Exempts exported items from the excise tax. Provides that government entities and tax-exempt organizations are exempt from the excise tax on sales and leases.
Allows a credit against the excise tax for the purchase of tangible personal property which is allocable to the cost of manufactured goods, using the manufacturer's inventory accounting method for income tax purposes. Allows for the carryforward of any excess credit to succeeding taxable periods.
Identifies the person liable for this excise tax as being the manufacturer or importer of the tangible personal property. Sets forth an annual return requirement. Requires the taxpayer to make quarterly deposits of estimated amounts of such excise tax.
Sets forth particular definitions and special rules.
Redesignates the Hazardous Response Trust Fund as the Hazardous Substance Superfund. Transfers to the Superfund the Superfund Excise Tax on manufacturers, the excise tax on petroleum and certain feedstock chemicals, plus additional sources of revenues. Provides that expenditures from the Superfund shall be in connection with release or threats of release of hazardous substances into the environment including response costs, claims under the Clean Water Act, claims for injury to or destruction or loss of natural resources and other related costs. Sets forth the authority and limitations on borrowing by Superfund. Provides that the liability of the United States for claims filed against Superfund are limited to the amount in the Superfund. Sets forth an order for payment of claims filed against Superfund.
Repeals the Post-Closure Liability Trust Fund and the related hazardous waste disposal tax.
Permits State and local governments to issue tax-exempt industrial development bonds to finance facilities for the treatment of hazardous waste, as defined in the Solid Waste Disposal Act.
Directs the General Accounting Office to report to specified congressional committees regarding alternative mechanisms for financing the Superfund, including a study of the effect of taxes on the generation and disposal of hazardous wastes.
Provides that certain costs of private foundations in removing hazardous substances are to be treated as qualifying distributions of the foundation. Sets forth certain limitations on such distributions.
Part 3: Tobacco Provisions - Subpart A: Tobacco Products Excise Taxes - Amends the Tax Equity and Fiscal Responsiblity Act of 1982 to make permanent the increase in the excise tax on cigarettes.
Amends the Internal Revenue Code to impose an excise tax on smokeless tobacco. Sets the rate of such tax at 24 cents per pound on snuff and eight cents per pound on chewing tobacco.
Subpart B: Tobacco Program Improvements - Amends the Agricultural Act of 1949 to set the 1985 support price for Burley tobacco at $1.449 per pound.
Sets the price support level for any kind of tobacco (other than Flue-cured and Burley) for which marketing quotas are in effect or not disapproved by producers at the preceding year's price, plus or minus the amount by which the current crop's price is greater or less than the preceding year's price, as such difference may be adjusted by the Secretary of Agriculture. Authorizes the Secretary to reduce the support level if requested by a producer association.
Sets the price support level for the 1986 and subsequent crops of Flue-cured and Burley tobacco at the preceding year's level, plus or minus an adjustment of 65 percent to 100 percent of the total of: (1) two-thirds of the amount by which 95 percent of the previous five years' average marketing price is greater or less than the preceding year's support price; and (2) one-third of the change in the index of prices paid by tobacco farmers during the previous calendar year.
Repeals the provision authorizing the Secretary to reduce price supports for certain low quality grades of Flue-cured tobacco.
Amends the Agricultural Adjustment Act of 1938 to establish reserve tobacco stock levels for: (1) Flue-cured at the greater of 100,000,000 pounds or 15 percent of such tobacco's national marketing quota; and (2) Burley at the greater of 50,000,000 pounds or 15 percent of such tobacco's national marketing quota.
Requires the Secretary to set the national marketing quota for Flue-cured and Burley at between 103 percent and 97 percent of the total of: (1) the aggregate of projected cigarette purchases; (2) the previous three years' average annual exports; and (3) the amount of tobacco the Secretary determines necessary to increase or decrease producer association inventories to maintain such inventories at reserve stock levels.
Limits downward adjustments in the national Burley marketing quota to the greater of: (1) 35,000,000 pounds; or (2) 50 percent of the amount by which total Burley inventories of a producer association exceed reserve stock levels.
Requires cigarette manufacturers to submit to the Secretary an annual confidential projection of the amount of Flue-cured and Burley tobacco they intend to buy at auction or from producers during the succeeding marketing year. Directs the Secretary to establish the projection if a manufacturer fails to provide such information. Subjects Department of Agriculture officers or employees to loss of office and fines or imprisonment for violations of such confidentiality provisions.
Reduces the amount of Flue-cured and Burley tobacco that may be marketed without penalty from 110 percent to 103 percent of the farm marketing quota.
Established the annual marketing quota announcement date for: (1) Burley tobacco as February 1; and (2) other tobacco as March 1.
Requires cigarette manufacturers to submit to the Secretary on a confidential basis at the end of each marketing year the amount of Flue-cured and Burley tobacco purchases during such year.
Subjects manufacturers to a penalty (twice the per pound assessment times the amount by which purchases are less than 90 percent of projected purchases) for failure to purchase at least 90 percent of their Burley and Flue-cured projected purchases. Requires penalties to be transmitted to the appropriate associations for deposit in the No Net Cost Fund or Account.
Requires Flue-cured and Burley tobacco purchasers to pay to the appropriate associations assessments on all purchases of such tobacco marketed by a producer from a farm. States that such assessments shall be determined so that producers and purchasers share equally in maintaining association funds.
Requires assessments to be collected from: (1) the person acquiring the tobacco; (2) the warehouseman or agent if the tobacco is marketed through such person; or (3) the producer on sales (by the producer) to a person outside the United States. Subjects persons who fail to collect and remit such assessment to a penalty. Provides for: (1) notice and hearing opportunity; and (2) U.S. district court review.
Provides that for the 1986 and subsequent Burley crops assessments shall be determined without regard to any losses the Commodity Credit Corporation (CCC) may sustain with respect to the 1983 Burley Crop.
Provides with regard to inventory purchases that: (1) 1976 through 1984 Flue-cured stocks shall be offered for sale at the base prices (including carrying charges) in effect on the offer date, reduced by 90 percent for 1976 through 1981 tobacco, and ten percent for 1982 through 1984 tobacco; and (2) 1982 Burley stocks shall be offered for sale at the July 1, 1985, price and 1984 stocks shall be offered for sale at the associations' costs as of the date of enactment of this Act.
Directs the CCC, with regard to the 1983 Burley crop, to: (1) take title to such crop held by the associations by calling in the loans on such tobacco; (2) offer such crop for sale as the CCC deems appropriate; and (3) offer any stocks remaining two years after such loan call-in at the associations' costs on the loan call date, reduced by 90 percent.
Authorizes cigarette manufacturers to purchase tobacco inventories over an eight-year period for Flue-cured tobacco and a five-year period for Burley tobacco. Requires the Secretary to approve purchase agreements.
Directs the Secretary to conduct studies of: (1) the tobacco grading system; and (2) the feasibility of establishing grades to designate disaster affected crops, including price support adjustment authority. Requires a report to the appropriate congressional committees.
Amends the Tobacco Inspection Act to authorize the Secretary to invest tobacco inspection fees to cover the cost of related services.
Part 4: Employment Tax Provisions - Sets forth revision relating to the employment tax.
Part 5: Miscellaneous Provisions - Authorizes appropriations for FY 1986 through 1988 for use by the Internal Revenue Service to employ 1,550 additional agents and examination employees.
Increases the limitation on the face amount of bonds the Government may issue.
Amends the Internal Revenue Code to eliminate the dollar limitation on litigation costs that may be awarded to the prevailing party in a tax case brought by or against the United States. Limits the rates of compensation for expert witnesses and attorneys that may be included in such costs. Prohibits such costs from being awarded: (1) if the court determines that the position of the United States (including an administrative action or inaction) was substantially justified or that special circumstances would make such a judgment unjust; or (2) for any portion of the civil proceeding unreasonably protracted by the prevailing party. Makes such litigation cost provisions permanent.
Directs the Commissioner of Customs to create 800 additional full-time positions in the U.S. Customs Service to enhance the efficiency and availability of its commercial operations at the regional and district level. Authorizes appropriations to fund such positions in FY 1986 through 1988. Directs the Commissioner to ensure that sufficient resources are devoted to customs headquarters in newly created customs districts.
Title VIII: Committee on Governmental Affairs, Postal Service Programs, Civil Service Programs, and Civilian Agency Government Contracts - Part A: Postal Service Programs - Establishes the ceiling for FY 1986 appropriations for revenue foregone for free and reduced mail.
Prohibits the appropriation of funds prior to FY 1988 to carry out the request of the Postal Service for FY 1986 funds to reimburse the Department of Labor for workers compensation arising from operations of the former Post Office Department.
Declares that an increase in postage rates for nonprofit and certain other mailers shall not take effect until January 1, 1986. Terminates the rate phasing schedule for such increases.
Establishes a ceiling for FY 1987 and 1988 appropriations for third-class commercial material mailed at reduced rates. Requires the Postal Rate Commission to report to the Senate Committee on Governmental Affairs and the House Committee on Post Office and Civil Service any legislative recommendations for reducing the revenue foregone for such mailings for those fiscal years.
Restricts the use of funds to support in-county second-class rates of postage for certain publications.
Part B: Civil Service Programs - Prohibits a pay adjustment for Federal employees for FY 1986. Limits the amount that may be paid to prevailing rate employees and for officers and members of crews of vessels for FY 1986.
Requires the President to reduce outlays relating to the pay of Federal employees by specified amounts in FY 1987 and 1988, without regard to reductions resulting from other provisions of this title.
Delays any pay adjustment that takes effect on or after October 1, 1986, until the first applicable pay period beginning not less than 90 days after such adjustment would have taken place. Delays any pay adjustment resulting from the President's annual pay recommendation for Federal employees from October 1 of each year to January 1 of the next year after the recommendation.
Directs the Office of Personnel Management, if an adjustment in the rates of pay for Federal employees is limited or delayed by an alternative plan under the pay comparability system, to extend such limitation or delay to prevailing rate employees.
Revises the method of computing hourly rates of pay for Federal employees.
Reinstates contracting authority under the Federal Employee Health Benefit Plan for health services for medically underserved populations.
Requires carriers of health benefit plans to refund to the Employees Health Benefits Fund specified amounts in FY 1986 and 1987. Requires the Government's share of such refunds to be held in the Fund and used for increases in subscription charges.
Sets forth the method for computing the retirement annuity for part-time employees.
Part C: Civilian Agency Government Contracts - Amends the Federal Property and Administrative Services Act of 1949 to authorize a Federal agency to enter into a multiyear contract (not exceeding five years) for the purchase of property or services if: (1) adequate appropriations are available to make contract payments for the first year; (2) there is a reasonable expectation that the agency will request adequate funding for the contract period; (3) the contract will serve the Government's best interests by reducing costs, promoting economies in performance, improving contractor performance, and encouraging competition; (4) the minimum need and specifications for such services or property will remain stable; and (5) the contract will not inhibit small business participation. Allows such a contract to provide that performance during the second or any subsequent year is contingent on the appropriation of funds for that year and that a cancellation charge shall be paid to the contractor if performance is cancelled. Requires cancellation of contract performance or termination of the contract if no appropriations are available for the contract during the second or subsequent year of the contract term.
Part D: Federal Motor Vehicle Expenditure Control - Directs the head of each executive agency to designate one person from the agency to establish and operate a central monitoring system for the oversight of agency motor vehicle operations and related activities. Requires the head of each executive agency to develop a system to collect and analyze all costs incurred by the agency with respect to motor vehicles used by the agency. Directs the Administrator of General Services to promulgate standards governing the establishment and operation by executive agencies of such system. Directs the head of each executive agency to include with its requests for each fiscal year a statement containing specified information concerning motor vehicle acquisition, leasing, operating, maintenance, and disposal costs. Requires such statement to explain: (1) why the agency's motor vehicle requirements cannot be met through the Interagency Fleet Management System operated by the Administrator of General Services; or (2) how such requirements could be met through a qualified contractor in the private sector. Directs the President to report to the Congress with a summary and analysis of such statements.
Requires the head of each executive agency to study the costs, benefits, and feasibility of contracting with a private contractor to meet its motor vehicle operation, maintenance, leasing, acquisition, and disposal requirements. Requires each agency to submit a report on such study to the Director of the Office of Management and Budget and the Comptroller General. Requires the Comptroller General to submit an analysis of such reports to the Congress.
Directs the Administrator to review interagency motor vehicle consolidation and report to the Congress with findings. Directs the Administrator to take action as necessary to reduce motor vehicle storage and disposal costs.
Directs the President to ensure a specified reduction in agency motor vehicle costs by FY 1988. Requires the Director to report to appropriate congressional committees on the implementation of such budget restriction. Directs the President to apply such budget restriction primarily to motor vehicle fleets used at the headquarters and regional headquarters of agencies and not to line agency personnel.
Directs the Comptroller General to report to the Congress periodically on the implementation of this Act.
Title IX: Committee on Labor and Human Resources Education Programs - Labor and Human Resources Budget Reconciliation Act - Provides that parts A through E of this title may be cited as the Student Loan Amendments Act of 1985.
Part A: Student Loan Program Savings Amendments - Amends the Higher Education Act of 1965 (HEA) to require multiple disbursement of guaranteed student loans under the federally insured student loan (FISL) and the guaranteed student loan (GSL) programs. Repeals financial incentives under current law to make such multiple disbursements. Provides, for purposes of the multiple disbursement requirement under this Act, that the origination fee be charged against the first installment of the loan. Makes conforming amendments.
Revises the formula for determining special allowances to be paid to holders of loans made or insured under the FISL and GSL programs.
Requires prompt payment under supplemental guaranty administrative cost agreements.
Part B: Savings on Improved Student Loan Collection - Subpart 1: Guaranteed and Federally Insured Student Loans - Revises FISL provisions for conditions for Federal loan insurance to grant lenders the option of requiring endorsement of the loan by a co-signer. Deletes a 15-year limitation on the period of the loan. Revises provisions for disbursement of loans to require that the funds borrowed be disbursed by check: (1) sent to the eligible institution the student attends or plans to attend, and made payable to the order of the student and such institution as copayees, with the endorsement of both parties required; or (2) in cases where the institution is not located in a State or where the loan is an auxiliary loan to a parent, sent to the borrower and made payable to the order of the borrower, with the endorsement of the borrower required, and a notice of disbursement sent by the lender or the Secretary of Education to the eligible institution.
Revises GSL provisions for agreements with State and nonprofit private institutions for subsidy payments on loans insured under the student loan insurance program of such State or institution to also: (1) delete a 15-year limitation on the period of the loan; and (2) make similar revisions of the loan disbursement procedure. Requires that such agreements provide for: (1) independent financial and compliance audits of the guarantee agency, with regard to its performance under such an agreement, at least once every two years; and (2) recovery by the Secretary from the guarantee agency of amounts, plus interest, determined by such audits to be owing.
Provides that, notwithstanding any provision of State law that would set an earlier deadline for filing suit, any suit for the collection of the amount due from a FISL or GSL borrower may be filed during a six year period: (1) after the date a guarantee agency reimburses the previous holder of the loan for its loss on account of the borrower's default; and (2) after the date on which the loan is assigned to the Secretary. Provides that, notwithstanding any provision of State law to the contrary, in collecting any obligation arising from a loan made under FISL or GSL provisions, a guarantee agency which has an agreement with the Secretary shall not be subject to a defense raised by any borrower based on: (1) a claim of infancy; or (2) the action or omission of an eligible institution or lender, if such agency did not have actual notice of such defense when such agency reimbursed the previous holder of the loan for its loss.
Revises provisions for payment of excess recovery to the insured to include reasonable administrative and collection costs, to the extent set forth in regulations issued by the Secretary, in the costs of the Secretary's recovery on any FISL loan.
Requires, under GSL provisions (as well as under current FISL provisions), each guarantee agency (as well as the Secretary) to enter into cooperative agreements with credit bureau organizations to exchange information concerning student borrowers.
Provides that a guarantee agency (or a credit bureau organization) which discloses or receives such information shall not be considered a Government contractor within the meaning of specified Federal law relating to Federal agency disclosure of individual records.
Authorizes each guarantee agency eligible lender and subsequent holder to disclose specified information concerning student borrowers to the eligible institutions such borrowers attend or previously attended.
Allows, notwithstanding specified provisions of the Fair Credit Reporting Act, a consumer reporting agency to make a report containing information received from the Secretary or a guarantee agency regarding the status of a borrower's account on a loan under the FISL or GSL program for a period of up to seven years after: (1) the date on which the agency paid a claim to the holder on the guarantee; or (2) the date the guarantee agency, eligible lender, or subsequent holder first reported the account to a consumer reporting agency.
Provides that, notwithstanding any provision of State law to the contrary, in collecting any obligation arising from a loan made under GSL provisions, the United States shall not be subjected to a defense raised by any borrower on either a claim of infancy or the action or omission of an eligible institution or lender, if the Secretary and the Secretary's agents did not have actual notice of such defense when the Secretary reimbursed the previous holder of the loan for its loss.
Authorizes the Secretary to impose a civil penalty of up to $5,000 for each of specified violations or failures to carry out student aid provisions or regulations or misrepresentations of financial charges by a lender or guarantee agency. Requires that certain determinations be made before such penalties are imposed. Authorizes the Secretary to compromise such penalties.
Subpart 2: National Direct Student Loans - Revises provision for national direct student loan (NDSL) program agreements with institutions of higher education to eliminate the two-year period of collection efforts by such institutions before they can assign defaulted loans to the United States for collection. Requires such institutions to maintain acceptable collection records with respect to NDSL loans, in accordance with criteria established by the Secretary of Education.
Sets forth provisions relating to the seven-year period of reporting on the status of NDSL borrowers' accounts by consumer reporting agencies. (Such provisions are similar to those for such reporting on GSL accounts under subpart 1.)
Requires each institution to include in its information to NDSL student borrowers a description of any penalty imposed as a consequence of default (such as liability for expenses reasonably incurred in attempts by the Secretary or institutions to collect on a loan).
Makes mandatory, rather than discretionary, the assessment of a charge for failure of an NDSL borrower to pay all or part of an installment when due. Requires that such charge include the expenses reasonably incurred in attempting such collection with respect to such loan.
Authorizes the Secretary in attempting to collect any defaulted NDSL loan to use any collection means available to the United States, including referral to the Attorney General for litigation. Directs the Secretary to continue to collect any loan assigned under provisions for assignment of rights to the United States until all appropriate collection efforts, as determined by the Secretary, have been expended.
Provides for a six year statute of limitations on specified collection suits for NDSL loans, similar to that provided by the GSL amendments under title I of this Act.
Subpart 3: General Provisions - Revises general provisions for student assistance programs under HEA.
Revises provisions for student eligibility for any grant, loan, or work assistance under HEA to require that a student not owe a refund on grants previously received at any institution, or be in default on any loan from a student loan fund at any institution, or a loan made, insured, or guaranteed by the Secretary for attendance at any institution.
Provides for a six year statute of limitations on specified collection suits for refunds due from a student on a grant made or work assistance awarded under HEA.
Requires borrowers who have defaulted on student loans under HEA to pay reasonable collection costs, in addition to other charges specified under HEA, notwithstanding State law.
Authorizes the Secretary to prescribe regulations for recovery by the Secretary from the eligible institution of amounts, plus interest, determined by specified audits to be owing.
Sets forth the effective dates and applicability of specified amendments made by this Act.
Part C: Savings Attributable to Loan Consolidation - Student Loan Consolidation Act of 1985 - Amends part B (Federal, State, and Private Programs of Low-Interest Insured Loans to Students in Institutions of Higher Education) of title IV (Student Assistance) of the HEA to add new provisions for student loan consolidation.
Directs the Secretary of Education (or a State or nonprofit private institution or organization with which the Secretary has an agreement under provisions for Federal payments to reduce interest costs) to enter into agreements with the Student Loan Marketing Association (Sallie Mae) and specified eligible commercial lenders and State agencies to provide consolidation loans to eligible borrowers. Provides for such consolidation of student loans made, insured, or guaranteed under part B or under part E (Direct Loans to Students in Institutions of Higher Education).
Requires that such consolidation loans be covered by a properly issued certificate of insurance. Provides that loans covered by a certificate of insurance issued by a State or nonprofit private institution or organization shall be considered to be insured loans for purposes of Federal reimbursements, but that no administrative cost allowance will be paid with respect to such loans.
Defines eligible borrowers, for consolidation loan purposes, as those who: (1) owe at least $5,000 to one or more lenders or programs under title IV: (2) have not carried at least one half the normal full time academic work load at an eligible institution during the previous four months; (3) are not delinquent in repayment status with respect to any required payment on such indebtedness by more than 90 days, and (4) are not parent borrowers under the Auxiliary Loan program.
Terminates an individual's eligibility for a consolidation loan upon receipt of a consolidation loan, except with respect to student loans received after the date of receipt of the consolidation loan. Provides that only loans received after such date shall be taken into account for the purpose of computing the outstanding indebtedness of such an individual.
Sets forth requirements for such consolidation loan agreements. Requires eligible commercial lenders to agree to make consolidation loans: (1) upon application of any eligible borrower, if the lender holds an outstanding loan of the borrower which is selected by the borrower for such consolidation; and (2) to other eligible borrowers only to the extent permitted by the Secretary in an agreement under specified provisions.
Requires specified State lending agencies to make such consolidation loans, subject to the availability of funds allocated for such purpose, to any eligible borrower who: (1) is, or was at the time of receiving a loan which is selected for consolidation, a resident of the State of such lender; or (2) received loans under title IV while attending an institution of higher education in the State of such lender. Permits such State lending agencies to elect to limit the further availability of their consolidation loans to those borrowers for whom the State lending agency is the holder of a loan selected for consolidation.
Requires Sallie Mae to agree to make a consolidation loan upon application of any eligible borrower, if that borrower has no other application pending with another lender for a consolidation loan.
Directs the Secretary to issue certificates of comprehensive insurance coverage to lenders which have entered into such consolidation loan agreements. Sets forth required provisions for such certificates.
Provides that such consolidation loans shall be insurable only if the loan is made to an eligible borrower who has agreed to notify the holder of the loan promptly concerning any change of address and the loan is evidenced by a note or other written agreement which meets specified requirements.
Sets the interest rate for such consolidation loans at ten percent per year except that in the case of a consolidation of auxiliary loans made to an independent undergraduate or graduate student the consolidation loan shall have an annual interest rate equal to the highest applicable interest rate on such auxiliary loans.
Permits consolidation loan lenders, except as provided in specified provisions, to establish repayment terms, including graduated and income sensitive repayment schedules.
Requires that consolidation loans be repaid as follows: (1) within ten years if less than $7,500; (2) within 13 years if $7,500 or more but less than $11,000; and (3) within 15 years if $11,000 or more.
Prohibits charging an origination fee or insurance premium to the borrower on any consolidation loan. Provides that no insurance premium shall be payable by the lender to the issuer of the certificate of insurance with respect to any such loan.
Authorizes the Secretary, after a hearing and a determination of need, to enter into an agreement with specified eligible lenders from another State to consolidate loans in any State where specified eligible lenders from that State have not entered into such an agreement. Requires that notice of such hearing be sent to the Governor of the affected State and to specified lenders. Permits the Governor and lenders to present evidence and testimony and examine witnesses at such hearing. Requires that full consideration be given to the views of the Governor and lenders.
Provides that authority to make such consolidation loans shall expire at the close of FY 1991. Provides that consolidation loans shall not be considered to be new loans made to students for purposes of determining the maximum amount of loans that can be federally insured under specified HEA provisions.
Provides that the applicable percentage to be added in determining the special allowance on consolidation loans shall be three percent (rather than three and one half percent).
Directs the Secretary to: (1) evaluate the cost, efficiency, and impact of the consolidation loan program established by this Act; and (2) report to the Congress by June 30, 1988, on findings and recommendations relating to such evaluation.
Part D: Savings Attributable to Operation of Guaranty Agencies - Sets forth provisions for recovery of outstanding advances to guaranty agencies. Requires the Secretary of education to recover $75,000,000 of such advances during FY 1988. Sets forth guidelines for such recovery.
Requires guaranty agencies to wait 240 days after a student loan becomes delinquent before filing a claim for reimbursement.
Limits the amount which guaranty agencies may claim for administrative costs of supplemental preclaim assistance for default prevention.
Requires that a leader of last resort be provided in each State for all eligible borrower's who are unable to obtain a FISL or GSL loan and who: (1) are legal residents of the State; or (2) are accepted for enrollment in or are attending an eligible institution in the State.
Part E: Savings Related to the Operation of the Student Loan Marketing Association - Requires the Student Loan Marketing Association (Sallie Mae), during FY 1986, to reduce the level of obligations owed to the Federal Financing Bank by $30,000,000. Prohibits Sallie Mae from crediting this amount to reduce obligations to repay the Bank amounts owed in FY 1987 and 1988. Provides that requirements under this part shall not be construed to authorize Sallie Mae or the Bank to renegotiate a specified contract or agreement.
Part F: Flextime Provisions - Amends the Contract Work Hours and Safety Standards Act and the Walsh-Healey Act to require overtime compensation only for hours of employment in excess of 40 hours in a work week for employees of Federal Government contractors or subcontractors.
Part G: Health and Hospital - Amends the Public Health Service Act (PHSA) to add requirements for certain group health insurance policies. Requires the continuation of health insurance for individuals losing employment-related coverage. Requires the offering of an option of continuation coverage and an open enrollment period. Sets forth provisions relating to enforcement, a special rule for collective bargaining agreements, and notification to covered employees.
Prohibits the refusal of examination or appropriate care to stabilize patients in medical emergencies. Sets forth requirements for medical screening, necessary stabilizing treatment for emergency medical conditions and active labor. Sets forth rules for restriction of transfers until the patient is stabilized and for appropriate transfers. Enforces such requirements as a condition of Medicare provider coverage, through civil monetary penalties, and by allowing civil suits for damages and other equitable relief.
Part H: Graduate Medical Education - Amends the Public Health Service Act to add provisions relating to graduate medical education.
Establishes a Council on Graduate Medical Education to advise the Secretary on: (1) the supply of physicians in the United States; (2) current and future needs for physicians to practice in primary care specialities; (3) issues relating to foreign medical school graduates; (4) appropriate Federal policies with respect to the matters specified in (1), (2), and (3); and (5) appropriate efforts to be carried out by hospitals, schools of medicine, and schools of osteopathy with respect to matters specified in (1), (2), and (3). Requires the Council to report every three years to the Secretary and the Congress.
Part I: Single Employer Pension Plans - Single-Employer Pension Plan Amendments Act of 1985 - Amends title IV (Plan Termination Insurance) of the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to the single-employer pension plan termination insurance program.
Sets forth new definitions relating to such program for the following terms: (1) contributing sponsor; (2) controlled group; (3) single-employer plan; (4) composite single-employer plan; (5) amount of unfunded guaranteed benefits; (6) final benefit obligation; and (7) person.
Sets forth a technical correction to the Multiemployer Pension Plan Amendments of 1980.
Sets forth general requirements relating to the termination of single-employer plans by plan administrators.
Provides that, except for terminations instituted by the Corporation, a single-employer plan may be terminated only in a standard termination or a distress termination, as provided under this Act.
Provides that, if the plan to be terminated is the subject of one or more bargaining agreements between one or more employee organizations and one or more employers, the plan administrator shall notify such employee organization at least 30 days before filing with the Corporation a notice of intent to terminate.
Sets forth general requirements and procedures for standard termination of single-employer plans.
Allows such standard terminations of single-employer plans only if: (1) the plan administrator has filed with the Corporation a notice of intent to terminate the plan in a standard termination on a specified termination date which is not earlier than 10 days after the filing of the notice (including any information the Corporation may require); (2) the plan has been amended to provide that, effective on the termination date, accrued benefits shall not increase after such date, except as required to meet qualification requirements under the Internal Revenue Code; and (3) on or before the date of filing the notice of intent to terminate, the plan administrator is required to notify each plan participant that such notice of intent to terminate has been or will be filed and to provide a copy of such notice of intent to each employee organization representing plan participants.
Makes the contributing sponsors of the plan and the members of their controlled groups jointly and severally liable to contribute to the plan if, after the plan termination, the plan has insufficient assets and such additional amounts are necessary to pay when due all benefits payable under the plan during a plan year.
Prohibits a single-employer plan terminated in a standard termination from closing out its affairs unless: (1) it has assets sufficient to discharge when due all final benefit obligations; and (2) the closing out is carried out in a specified manner, including at least 30 days advance notice to plan participants and employee organizations that such closing out and final distribution of assets will take place. Requires, at least 30 days before the proposed distribution of assets, that the plan administrator send a notice to the Corporation including a certification by an enrolled actuary: (1) of the amount of plan assets; (2) of the actuarial present value of the final benefit obligations; and (3) that such assets are sufficient to discharge such obligations when due. Provides for extensions of the period before such final distribution where necessary for compliance. Prohibits any such final distribution pursuant to the closing out in cases of noncompliance with such requirements.
Requires the plan administrator, in connection with such a final distribution, to distribute plan assets by purchasing irrevocable commitments to provide when due all benefits to all participants and beneficiaries, or otherwise fully satisfy such obligation.
Provides that, if a court determines in a civil action after such final distribution is completed that a plan has failed to discharge when due any final benefit obligations and the defendant fails to fully satisfy such obligations within a specified period, the Corporation shall: (1) treat such obligations as though they were benefits under a distress termination; and (2) guarantee such benefits in a specified manner (except those which have been discharged when due by the plan or satisfied by the defendant in the civil action).
Sets forth, for purposes of the minimum funding standards under ERISA, special rules for plans terminated under standard termination.
Sets forth general requirements and procedures for distress termination of single-employer plans.
Sets forth notification and information requirements for proposed distress terminations.
Requires, before such distress terminations are allowed, the plan administrator to demonstrate to the satisfaction of the Corporation that the contributing sponsors and the substantial members of their controlled groups: (1) have each filed, or have had filed against them, either a liquidation petition which has not yet been dismissed or converted into a bankruptcy case, or a reorganization petition which has not yet been dismissed (and, in which case, the bankruptcy court approves the termination); or (2) will each be unable to pay their respective debts when due, and will be unable to continue in business, unless a distress termination occurs (as indicated in substantial evidence provided to the Corporation by a contributing sponsor). Defines a "substantial member" as a person whose assets comprise at least five percent of the controlled group's total assets.
Prohibits distribution of assets pursuant to a distress termination unless the plan administrator receives a notification from the Corporation of its determination that plan assets are sufficient to pay when due all basic benefits under the plan. Provides for extensions of the 90-day period within which the Corporation is to make specified determinations.
Requires the plan administrator, upon the filing of a notice of intent to terminate under a distress termination, to: (1) pay benefits attributable to employer contributions, other than death benefits, only in the form of an annuity; (2) not use plan assets to purchase irrevocable commitments to provide benefits from an insurer; and (3) if the plan administrator knows or has reason to know that plan assets are not sufficient to pay when due benefits guaranteed under title IV of ERISA, limit the payment of benefits to the estimated amount of plan benefits guaranteed by the Corporation and of other benefits to which plan assets are allocated under specified provisions of such title.
Requires restoration to pretermination status of single-employer plans terminated under a distress termination solely on the basis of the filing of a liquidation petition, whenever such case is dismissed or converted to a case under which reorganization is sought.
Revises provisions relating to appointment of receivers by the Corporation.
Revises provisions relating to amounts due to the Corporation.
Authorizes section 4042 trustees, who are appointed by the Corporation, to serve as members on creditors committees.
Authorizes plan administrators to restore a terminated single-employer plans to pretermination status, under procedures to be prescribed by the Corporation, but requires prior approval by the Corporation before a plan terminated in a distress termination may be so restored.
Imposes primary liability to the Corporation on contributing sponsors or members of their controlled groups for termination of single-employer plans under a distress termination or a termination by the Corporation. Imposes joint and several liability upon such persons who are under common control on such termination date. Establishes such liability in the amount of: (1) the outstanding balance of any accumulated funding deficiencies of the plan; and (2) the unfunded guaranteed benefits under the plan. Makes such amount due and payable as of the termination date. Sets forth formulas for the calculation of such amount and procedures for its payments.
Sets forth provisions relating to liability for failure to satisfy final benefit obligations under standard terminations. Provides that, when a court in a civil action determines that such failure has occurred, the contributing sponsor or a member of such sponsor's controlled group shall be liable: (1) to the Corporation for all final benefit obligations which the Corporation guarantees under specified provisions; and (2) to each participant and beneficiary for any such obligations which are not otherwise guaranteed by the Corporation, discharged when due by the plan, or satisfied by the defendant in such action.
Sets forth provisions relating to liability to participants and beneficiaries upon a distress termination or termination by the Corporation. Makes any contributing sponsors or members of their controlled groups liable to participants and beneficiaries of the terminated plan for that portion of their final benefit obligations (if any), which are not otherwise paid by the Corporation, for any year following the date of termination in which such contribution sponsor or controlled group member earns a pretax profit. Limits such liability to: (1) not more than five percent of such person's pretax profit; and (2) a specified ten-year period. Provides that any such payment shall be treated as a contribution under specified tax deduction provisions of the Internal Revenue Code.
Treats certain corporate reorganizations as if the reorganized corporate entity were the same as the entity to which such liability applies.
Sets forth conforming, technical, and miscellaneous amendments to ERISA.
Requires that congressional approval of the Corporation's recommended revised premium schedules be by the enactment of a joint resolution (currently a concurrent resolution is required).
Provides that, except as a defense, no regulation issued pursuant to the Department of Labor's proposed regulation defining "plan assets" for purposes of ERISA shall apply to any assets of a real estate entity in which a plan subject to ERISA invests, if specified conditions are met.
Directs the Secretary of Labor to study plan terminations to which specified ERISA provisions relating to distributions of residual assets apply. Requires a report of such study, with any recommendations for statutory changes, to be submitted to specified congressional committees by February 1, 1986.
Directs the Corporation to study the purchase of insurance contracts from an insurer in satisfaction of all final benefit obligations under title IV of ERISA. Requires a report of such study to be submitted to specified congressional committees within one year after enactment of this Act.
Title X: Committee on Small Business - Amends the Small Business Act to authorize Small Business Administration (SBA) program levels for FY 1986 through 1988 for direct and immediate participation loans for small business plant acquisition, construction, conversion, or expansion. Makes funds available out of such authorization for direct and immediate participation loans to handicapped persons and organizations for the handicapped and Vietnam veterans.
Authorizes funding 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 funds available out of such authorization for deferred participation loans to: (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; (3) small businesses which design, manufacture, and distribute energy measures; and (4) guarantees of debentures with respect to State and local development companies.
Authorizes funding for FY 1986 through 1988 for: (1) direct purchases and guarantees of debentures and purchases of preferred securities with respect to small business investment companies; (2) surety bond guarantees under the Small Business Investment Act of 1958; and (3) payment guarantees for the installation of pollution control facilities by small businesses.
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.
Authorizes appropriations to the SBA for FY 1986 through 1988. Makes such funds available for: (1) direct and immediate participation loans for small business plant acquisition, construction, conversion, or expansion; (2) loans to handicapped persons and organizations for the handicapped; (3) Vietnam veterans' loans; (4) deferred participation loans and debenture guarantees for small business plant acquisition, construction, conversion, or expansion and small business development companies; (5) deferred participation loans to handicapped persons and organizations for the handicapped; (6) small businesses either located in urban or rural areas with high unemployment and low incomes or owned by low income individuals; (7) small businesses which design, manufacture, and distribute energy measures; (8) guarantees of debentures with respect to State and local development companies; (9) direct purchases and guarantees of debentures and purchases of preferred securities with respect to small business investment companies; (10) surety bond guarantees under the Small Business Investment Act of 1958; and (11) SBA salaries and expenses.
Limits the SBA's participation on deferred loans to small businesses for plant acquisition, construction, conversion, or expansion to: (1) not less than 80 percent (currently 90 percent) of the outstanding balance of the financing if such financing does not exceed $100,000; and (2) no more than 80 percent (currently 90 percent) of the financing outstanding if such financing exceeds $100,000 but is less than $714,285.
Requires the SBA to collect a guarantee fee equal to two 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.
Requires the SBA to guarantee loans, debentures, qualified contract payments, and other types of financial assistance, and to guarantee sureties against loss pursuant to programs under such Act and the Small Business Investment Act of 1958, subject only to the availability of qualified applications for such loans and guarantees and limitations contained in appropriations Acts.
Excludes 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.
Amends the Small Business Investment Act of 1958 to provide that certain guaranteed obligations are not eligible for purchase by the Federal Financing Bank.
Increases the contract amount (from $1,000,000 to $1,500,000) that the SBA may guarantee to any surety with respect to certain bonds relating to small businesses.
Amends the Small Business Act to treat businesses owned by economically disadvantaged Indian tribes (including any Alaskan Native village or regional or village corporation) as socially and economically disadvantaged small businesses for purposes of the SBA's business development program. Sets forth specified factors to be considered by the SBA in determining the economic disadvantage of an Indian tribe.
Requires the SBA to establish an annual sales size standard ($500,000) for certain agricultural enterprises.
Urges the SBA to: (1) evaluate the effectiveness of the Veterans Business Resource Councils and to recommend improvements in their operations; and (2) develop guidelines to assist in the establishment of such councils in States that do not have councils.
Title XI: Committee on Veterans' Affairs - Part A: Entitlements and Eligibilities for Health Care from the Veterans' Administration - Revises Federal veterans' benefits provisions to direct the Administrator of Veterans Affairs to furnish necessary hospital care to: (1) a veteran for any service-connected disability; or (2) a veteran who has a service-connected disability rated at 50 percent or more, for any disability. Directs the Administrator to individually determine whether to furnish such care to otherwise qualifying veterans who are incarcerated.
Authorizes the Administrator to furnish such hospital care to the following veterans: (1) a veteran who has a service-connected disability rated at less than 50 percent, for a nonservice-connected disability; (2) a veteran who, but for the receipt of retired pay, would be entitled to disability compensation; (3) a veteran whose discharge from service was for a disability incurred in the line of duty; (4) a veteran who is a former prisoner of war or a veteran of specified wars; (5) a veteran exposed to a toxic substance or radition; and (6) a veteran who is unable to defray the expenses of necessary care, for a nonservice-connected disability. Authorizes the Administrator to prescribe regulations under which a veteran with an annual income above a certain level would not be eligible for such services.
Directs the Administrator to furnish necessary nursing home care to veterans for a service-connected disability. Authorizes the Administrator to furnish such care to all other veterans as previously described. Authorizes the Administrator to make ineligible for such care those veterans above a certain annual income.
Authorizes the Administrator to furnish necessary domiciliary care if the Administrator finds that such veteran is incapacitated from earning a living and has no adequate means of support.
Directs the administrator to furnish ambulatory or outpatient medical services to: (1) any veteran for a service-connected disability; or (2) a veteran who has a service-connected disability rated at 50 percent or more, for any disability. Directs the Administrator to individually determine whether to furnish such care to otherwise qualifying veterans who are incarcerated.
Requires veterans provided hospital, nursing home, or outpatient care under the previous provisions, in order to receive such care, to repay the United States either: (1) the amount of the inpatient Medicare deductible in effect at the time of such services; or (2) the cost of furnishing such care, whichever is the lesser.
Outlines the priority for treatment of veterans being furnished such hospital, nursing home care, and outpatient services based upon degree of disabilities and entitlement to other veterans' benefits. Directs the Administrator to prescribe regulations ensuring that such priority is followed.
Revises provisions concerning the determination of a veteran's inability to defray necessary medical expenses to provide that a veteran will be so considered if his or her annual income is not greater than $25,000. Allows such level to be raised proportionately as pensions are raised. Prohibits the Administrator from making such a determination if the corpus of the veteran's estate is such that such a finding would be unreasonable.
Requires the Administrator to contract for necessary veterans' care with non-VA facilities when it is not economically or geographically feasible to provide such services in VA facilities. Outlines the types of services permissible to be contracted for.
Directs the Administrator, no later than December 1, 1985, to report to the Veterans' Affairs Committees on the implementation of provisions concerning repayment by veterans of a part of the cost of medical services furnished.
Part B: Recovery of the Cost of Certain Health Care and Services Furnished by the Veterans' Administration - Revises Federal law concerning recovery by the United States of the cost of certain care and services provided to veterans to give the United States the right to recover the reasonable costs of such care and services to the extent that the veteran, or the provider of care and services to the veteran, would be eligible to receive reimbursement or indemnification for such care and services if the care and services has not been furnished by a department or agency of the United States.
Provides that the United States shall be subrogated to any right or claim that the veteran or the veteran's personal representative, successor, dependents, or survivors may have against a third party. Allows the United States to intervene in court proceedings to enforce such rights.
Allows the United States to bring its own action to enforce their subrogation rights if no such action is commenced within a certain period and written notice of their intention to bring such an action has been sent to the veteran.
Directs the Administrator to prescribe regulations for the purpose of determining the reasonable cost of such care or services. Outlines provisions to be included in such regulations. Directs the Comptroller General, not later than 45 days after the date on which the Administrator prescribes such regulations, to submit comments and recommendations regarding such regulations to the Senate and House Veterans' Affairs Committees.
Authorizes the administrator of Veterans Affairs to enter into contracts or agreements with individuals or organizations for services to recover amounts due the United States under this Act. Outlines provisions to be included in such contracts.
Prohibits the law of any State or political subdivision thereof, or any insurance or health plan contract, from operating to prevent recovery or collection by the United States under this Act or any other applicable Federal law.
Requires clinical records of a veteran to be made available for purposes of aiding recovery or collection by the United States under this Act.
Requires certain reports from the Administrator to the Senate and House Veterans' Affairs Committees concerning the implementation of these provisions.
Part C: Limitation on Increase in Rates of Veterans' Administration Compensation - Prohibits the enactment of any legislation that would have the effect, in FY 1986, of increasing veterans' compensation by more than a specified percentage or of exceeding a specified maximum in outlays for such compensation.
Title XII: Miscellaneous Provisions - Sets forth Senate procedures for the consideration of reconciliation bills.
Requires the Secretary of Transportation to withhold five percent of certain Federal-aid highway funds for each fiscal year after FY 1986 from States permitting persons under 21 years of age to purchase or possess alcoholic beverages. (Currently such withholding applies only for FY 1987.) Directs the Secretary to apportion to a State any funds withheld in FY 1987 or 1988 if the State makes such acts unlawful before such apportionment would otherwise expire.
Expresses the sense of the Senate concerning debate on this Act.