United States · United States Congress · 19 December 1985
Expresses the sense of the Senate that the effective date of any fundamental tax reform legislation should generally be January 1, 1987, while recognizing that appropriate transition rules may be necessary to avoid unintended adverse effects and recognizing further that retroactive effective dates may be necessary to extend certain provisions which expire before January 1, 1987.
United States · United States Congress · 17 December 1985
Directs the Secretary of the Interior to convey, for a fee, to the New Mexico Institute of Mining and Technology, Socorro, New Mexico, specified lands in Socorro County, New Mexico, to be used for educational and research purposes. Reserves to the United States all mineral rights in such lands.
United States · United States Congress · 9 December 1985
Amends the Deficit Reduction Act of 1984 to extend from August 1, 1985, until June 30, 1986, the special rules concerning the allocation of research and experimental expenditures to income from sources within the United States. Amends the Internal Revenue Code to extend from December 31, 1985, until June 30, 1986, the income tax credit for increased research and experimental expenditures. Extends from December 31, 1985, until June 30, 1986, the income tax deduction for expenditures to remove architectural and transportation barriers to the handicapped and elderly. Extends from December 31, 1985, until June 30, 1986, the moratorium on net operating loss carryover rules. Extends from January 1, 1986, until July 1, 1986, the moratorium on the issuance of regulations relating to faculty housing. Extends the targeted jobs income tax credit from December 31, 1985, until June 30, 1986. Extends the authorization for appropriations for administrative and publicity expenses through FY 1986. Extends from December 31, 1985, through June 30, 1986, provisions relating to the awarding of attorney's fees to a prevailing taxpayer in a Federal tax case. Extends from December 31, 1985, until June 30, 1986, the limited income tax exclusion for employer-provided educational assistance. Extends from December 31, 1985, until June 30, 1986, the income tax exclusion for amounts received under qualified group legal services plans. Extends from January 1, 1986, until July 1, 1986, the income tax exclusion for certain employer-provided commuting transportation. Extends from December 31, 1985, until June 30, 1986, the limited exclusion of dividends from a public utility that are reinvested in common stock of the utility. Extends from December 31, 1985, (until June 30, 1986, the investment tax credit for specified types of energy property. Extends from December 31, 1985, until June 30, 1986, the residential energy income tax credit. Extends from December 31, 1985, until June 30, 1986, social security coverage of retired Federal judges on active duty.
United States · United States Congress · 6 December 1985
Establishes a Senate Special Panel on Asylum to conduct a study of the general problems of persons from Communist countries seeking asylum in the United States. Requires a final report to the Senate within one year. Sets forth a specified limit on the expenses that such Panel may incur.
United States · United States Congress · 2 December 1985
Public Lands Cleanup Act of 1985 - Designates the first Saturday after Labor Day as Public Lands Cleanup Day. Requires each Federal land management agency to organize and participate in intergovernmental and private efforts to clean and maintain Federal public lands under their jurisdiction in observance of such day.
United States · United States Congress · 20 November 1985
Trade Enhancement Act - Title I: National Trade Policy - Declares that it is U.S. policy to: (1) eliminate or offset foreign unfair trade practices and other trade-distorting measures through enforcement of U.S. laws and rights under the international trading system; (2) strengthen international trading rules and U.S. laws relating to such rules through trade agreements that promote open and fair world trade; (3) aid potentially competitive U.S. industries faced with injury from imports; (4) examine the underlying reasons for exchange rate misalignment and currency market instability and investigate alternative methods of structuring currency values; (5) increase the participation of developing countries in the world trading system; (6) revise U.S. laws related to unfair trade practices to eliminate trade-distorting practices of nonmarket economy countries; (7) protect intellectual property rights of U.S. persons to ensure the competitiveness, technological innovation, and growth of U.S. industry and agriculture; (8) facilitate U.S. exports; and (9) respond immediately to import problems in which national security may be involved. Title II: Trade Barriers and Distortions of Trade - Amends the Trade Act of 1974 to direct the U.S. Trade Representative (USTR) to prepare for the annual report on national trade estimates an estimate of the increase in U.S. exports that would result from the elimination of each act, policy, or practice identified as a significant barrier to, or distortion of, U.S. exports and foreign investment by U.S. persons. Directs the USTR, in preparing the national trade estimate, to consider the international competitiveness of the appropriate goods or services. Directs the USTR to begin investigations on an annual basis with respect to those acts, policies, and practices identified in each report on national trade estimates which: (1) are likely to be acts, policies, or practices that constitute unfair foreign trade practices; and (2) constitute a barrier to, or distortion of, a significant portion of all the U.S. goods and services that the USTR estimates would have been exported if such acts, policies, and practices did not exist. Sets forth factors to be considered in determining whether acts, policies, or practices should be investigated. Transfers from the President to the USTR the authority to: (1) determine whether U.S. action is appropriate to enforce U.S. rights under a trade agreement or to respond to certain foreign trade practices; (2) determine the appropriate additional import relief in such cases; and (3) determine any additional restrictions on service sector access authorizations. Transfers from the President to the USTR the authority to take action on the USTR's own motion. Includes among the foreign trade practices that may trigger a U.S. response any act, policy, or practice that threatens to burden or restrict U.S. commerce. Sets forth a list of foreign acts, policies, and practices which burden U.S. commerce. Authorizes the USTR, in response to certain foreign trade practices, to: (1) enter into binding agreements that fully offset the burden on U.S. commerce of such practices; or (2) withdraw, or refrain from proclaiming, eligibility of a foreign country for preferential treatment under the Generalized System of Preferences. Includes within the meaning of unreasonable foreign trade acts, policies, or practices any combination of unfair foreign trade acts, policies, or practices and any such acts, practices, or procedures that deny: (1) market opportunities (including protection of an industry in its formative stages); (2) opportunities for the establishment of an enterprise; (3) protection of intellectual property rights; or (4) protection against anti-competitive practices. Includes within the definition of "service sector access authorization" any authorization that gives access to the U.S. market to a foreign supplier of goods related to a service. Directs the USTR to determine, within 90 days of the start of such an investigation, whether: (1) the United States is being denied its rights under any trade agreement; or (2) there is any unfair trade act, policy, or practice. Sets forth the actions to be taken by the USTR based on such determination. Requires an import relief action to terminate after seven years if it has existed continuously for seven years and no request to extend the action is made during the last 60 days of such seven year period. Requires the USTR to review the effectiveness of such an import action if a request to extend the import relief is made. Authorizes the President, if such import relief involves raising tariffs or imposing import restrictions, to negotiate a trade agreement providing compensation, or to proclaim tariff changes to provide compensation for certain countries in order to meet U.S. international obligations. Title III: Relief from Injury Caused by Import Competition - Amends the Trade Act of 1974 to allow one of the purposes of an import relief petition to be the desire to enhance competitiveness. Includes among the economic factors to be considered in determining whether increased imports constitute a serious injury to a domestic industry the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. Adds to the factors to be considered in import relief investigations relating to whether increased imports are a threat of serious injury to a domestic industry: (1) any combination of coordinated government actions that are bestowed on a specified enterprise the effect of which is to increase the competitiveness of that enterprise and that cause or threaten to cause serious injury to the domestic industry concerned; (2) the existence of an affirmative antidumping or countervailing duty determination; (3) the extent to which firms in the domestic industry concerned are unable to maintain existing levels of research and development expenses; and (4) the extent to which the U.S. market is the focal point for diversion of exports because of a foreign country's market restraints. Requires the International Trade Commission (ITC) in determining what domestic industry is affected by imports to treat as part of the domestic industry only the domestic production of a domestic producer who also imports. Prohibits considering imports of like or directly competitive articles by domestic producers as a factor indicating the absence of serious injury or threat of serious injury to a domestic industry. Requires the ITC, in an import relief investigation, to consider factors other than imports which may cause injury or threaten injury to a domestic industry and to report on such factors to the President. Permits the ITC to recommend both increases in import restrictions and adjustment assistance if the ITC finds that increased imports are causing a serious injury or threat of serious injury to a domestic industry. Requires the ITC to prepare for the President an estimate of the short-term and long-term effects of such increases in import duties or import restrictions on private and industrial consumers. Directs the President to impose provisional import relief if critical circumstances exist (circumstances caused by a significant increase in imports over a short period of time in which a delay in the imposition of relief would cause damage to the domestic industry that would be difficult to remedy under the usual import relief measures). Authorizes filing a petition with the Secretary of Agriculture for emergency import relief in addition to any petition filed with the ITC if the petition relates to imports of perishable products. Requires the Secretary to make a recommendation to the President within 14 days of receiving such petition on whether or not to take emergency action. Requires the Secretary to recommend emergency relief if the Secretary finds that emergency action is warranted and that increased imports of a perishable product are a substantial cause of serious injury or threat of serious injury to the competing domestic industry. Requires the President to decide, within seven days of receiving such recommendation, what, if any, import restrictions to impose on such imports. Provides for the termination of such emergency relief. Requires the ITC to evaluate the effectiveness of import relief actions and to report on such evaluation to the President and the Congress. Requires the USTR to establish a plan development group for an industry after the ITC begins an import relief investigation based upon a petition filed by firms, a union, or a group of workers that represent a significant portion of the domestic industry if the petitioners request the establishment of such a plan development group. Requires each such group (made up of government and private sector representatives) to prepare an assessment of current problems in the industry and a strategy to enhance its competitiveness. Sets forth information to be included in such assessment and strategy. Requires the assessment and strategy to be submitted, along with the opinions of the members of the plan development group on the viability of such strategy, to the petitioner within 120 days of the start of an ITC import relief investigation. Authorizes the petitioner, if the ITC finds that imports have caused serious injury to the domestic industry, to submit the assessment and strategy to the ITC on the day after the ITC makes such finding. Requires the USTR to present to the ITC some of the opinions of Federal agencies on the viability of such strategy. Requires the ITC, upon submission of such assessment and strategy to the petitioner and before the ITC evaluates what effect such a strategy will have on the domestic industry to try to obtain confidential commitments from the individual members of the domestic industry on their future actions. Requires the ITC to transmit such commitments to certain members of the Government to enable them to evaluate the assessment and strategy. Requires the President under certain circumstances to consider such confidential commitments, assessment and strategy, and recommendations of the interagency trade organization. Sets forth the actions the ITC must take if the ITC finds that increased imports are a substantial cause of or constitute a threat of serious injury to a domestic industry and if an adjustment assessment and strategy have been submitted. Directs the President, in determining whether to provide import relief, to take into account the probable effectiveness of import relief as a means of promoting adjustment or modernization in order to improve competitive abilities. Directs the President, if the President has received an assessment and strategy in connection with an injured or threatened industry, to: (1) provide the import relief found necessary by the ITC; (2) provide substantially equivalent import relief; or (3) submit to the Congress a draft of a bill making certain waivers and containing provisions implementing the import relief, if any, that the President has decided to take. Provides for expedited congressional consideration of such a bill. Requires the President to implement the import relief found necessary by the ITC if after 90 days such bill is not enacted. Provides for publication of the assessment and strategy if import relief is provided. Requires a review committee to: (1) monitor actions taken by petitioners to improve the competitive position of the industry; (2) make recommendations for administrative actions to achieve the objectives of the assessment and strategy; and (3) submit to the Congress legislative recommendations. Provides for expedited consideration of legislative recommendations. Requires the review committee to consult with members of the plan development group and with members of the domestic industry if the objectives and actions specified in the assessment and strategy are not being implemented or if the confidential commitments are not being kept. Authorizes the President to terminate or modify the import relief if, after the consultations, the review committee determines that such failure to implement the strategy or commitments is not justified by changed circumstances and has adversely affected overall implementation of the objectives set forth in the assessment and strategy. Directs the President, before deciding whether to grant import relief, to consult with the interagency trade organization established pursuant to the Trade Expansion Act of 1962 and consider the recommendations of such organization. Includes among the import relief actions available to the President the right to: (1) initiate on an accelerated basis an antidumping or countervailing duty investigation; (2) direct the Attorney General to review applications from the injured industry for antitrust law exemptions; or (3) enter into multilateral negotiations to address problems not susceptible to unilateral solution. Permits an import relief investigation into imports of an article that received import relief less than two years before the start of the new investigation if good cause is shown. Sets forth the procedure for an antidumping or countervailing duty investigation which the President orders as a form of import relief. Sets forth the factors to be used to determine whether to grant an antitrust law exemption if the President as a form of import relief orders the Attorney General to consider applications for such exemptions. Requires the Attorney General to report to specified congressional committees if any such exemption is granted. Directs the President to impose import restrictions or increase import duties if multilateral negotiations ordered by the President as a form of import relief fail to provide relief from serious injury or the threat of serious injury within one year. Provides for expedited consideration of legislation implementing such import restrictions or import duty increases. Requires the ITC to review an injury determination and its recommendations relating to the determination if: (1) the ITC has made a unanimous affirmative injury determination; (2) the President declined between January 1, 1984, and October 1, 1985, to prevent or remedy the injury or threat of injury found by the ITC; and (3) a petition for review is filed within one year of enactment of this Act. Requires the ITC, within 60 days of receiving such petition, to: (1) determine whether the injury should be reaffirmed or revoked; and (2) if the injury determination is reaffirmed, report such determination to the President and set forth the increase in import duty or the import restriction necessary to prevent the injury or threat of injury. Requires the ITC to publish such report. Requires the President to decide whether to impose such import relief within 30 days of receiving such report. Title IV: Negotiating Authority for Trade Agreements - Amends the Trade Act of 1974 to urge the President to take all appropriate and feasible steps to reduce or eliminate tariff and nontariff barriers to international trade and other distortions of international trade through: (1) the full exercise of U.S. rights under international agreements; and (2) the negotiation of trade agreements. Authorizes the President to enter into trade agreements during the five years following January 3, 1988, to reduce or eliminate trade barriers and distortions if the President finds that: (1) such barriers or distortions unduly restrict U.S. foreign trade or adversely affect the U.S. economy or are likely to result in such a restriction or effect; (2) the purposes of the Trade Act of 1974 will be promoted by the reduction or elimination of such barriers or distortions. Authorizes entering into a trade agreement only if the President, at least 150 days before such agreement is entered into: (1) notifies specified congressional committees of the negotiations of such agreement; (2) consults with each such committee regarding the negotiation; and (3) submits to each such committee a written statement of the specific negotiating objectives that the President anticipates will be achieved by such agreement and its implementing bill, a description of how such objectives will be achieved, and the specific negotiating objectives the President anticipates will not be achieved and the reasons for such failure. Provides that an implementing bill will not receive expedited congressional consideration if such conditions are not met or if a specified congressional committee disapproved the negotiation within 60 days of receiving notice of it. Requires the USTR to consult with interested congressional committees at least once a year on such negotiations, their progress, and obstacles to the achievement of their objectives. Requires the President to consult with specified congressional committees before entering into any trade agreement. Requires the President, whenever entering into a trade agreement, to submit such agreement, together with a draft implementing bill and statement of proposed implementing administrative action to the Congress. Provides that a trade agreement submitted to the Congress shall enter into force with respect to the United States if and only if: (1) the President, at least 90 days before entering into such trade agreement, notified the Congress of intent to enter into it and published notice of such intent; and (2) after entering into the agreement, the President sends the final legal text of the agreement to the Congress along with certain other information. Sets forth certain recommendations the President may make to the Congress to insure that foreign countries which benefit under a trade agreement are subject to obligations under the agreement. Directs the President, upon starting negotiations on a trade agreement to limit trade barriers, to try to obtain an interim agreement under which any country participating in such negotiations shall: (1) decline to impose new trade barriers or trade-distorting devices; and (2) reduce market intervention to allow market forces to govern growth of industries characterized by overcapacity or overproduction. Requires that the U.S. objectives in negotiating trade agreements under the basic authority to negotiate shall be to obtain: (1) more open, fair, and equitable market access; (2) the reduction or elimination of barriers and other trade-distorting practices; and (3) an appropriate overall balance between benefits and concessions within the agricultural, manufacturing, mining, and services sectors. Requires that the principle objectives in negotiating agreements to reduce trade barriers shall be: (1) to obtain with respect to manufacturing, mining, agriculture, and services and with respect to related investments, equivalent competitive opportunities for U.S. exports; and (2) to bring previously made agreements into conformity with principles promoting an open nondiscriminatory, and fair world economic system. Authorizes the President for the five years following January 3, 1988, to: (1) proclaim an increase in an import duty or an imposition of an additional import duty in lieu of any limit on imports of an article; or (2) use import licenses in administering any of such limitations and sell such licenses at public auctions. Title V: Exchange Rates and Developing Country Debt - Subtitle A: Measures Relating to Exchange Rates - Declares that it is U.S. policy that the United States and the Western industrialized allies should coordinate: (1) monetary and fiscal policies in order to eliminate imbalances in trade and capital flows and to stabilize exchange rates; and (2) the participation by central banks in international currency markets in order to reduce severe currency fluctuations, deter currency speculation, aid in the stabilization of the dollar in international currency markets, and promote orderly exchange rate adjustments. Directs the President, within six months of enactment of this Act, to enter into negotiations with: (1) other G-5 countries (West Germany, Japan, the United Kingdom, and France) to improve the international monetary system; (2) the other G-5 countries to enhance their role in coordinating fiscal and monetary policy to ensure that their policies converge on money growth, inflation, fiscal policy, interest rates, and other economic factors; and (3) other countries to achieve reciprocal opportunities for investment. Directs the Secretary of the Treasury and the Federal Reserve Board to accumulate foreign currencies in amounts sufficient to make participation in foreign exchange markets effective and credible. Requires the President to report to the Congress every six months on implementation of this subtitle. Subtitle B: Measures Relating to Developing Country Debtors - Requires the negotiating objectives of the United States with developing country debtors to be to: (1) reduce barriers to U.S. exports; (2) reduce barriers to foreign investment; (3) lessen the burden on U.S. exports and international trade caused by destabilizing debt service and trade and investment barriers maintained by developing countries; (4) lessen the destablizing impact of difficulties in international debt service; (5) encourage developing countries to eliminate structural barriers that limit their efficiency and productivity; and (6) permit the resumption of economic growth of developing countries. Amends the Export-Import Bank Act of 1945 to authorize the Export-Import Bank to establish for FY 1986 through 1989 the Trade Expansion Loan Guarantee and Insurance program. Requires the program to be available to the Export-Import Bank for the establishment of general facilities consisting of guarantees and insurance in support of U.S. exports to specific developing countries if certain conditions are met. Authorizes the President to enter into negotiations with members of the Organization for Economic Cooperation and Development to eliminate official financing or support for new mining or production facilities for commodities in developing countries and to encourage the reduction of commodities from such facilities if the commodity is in oversupply internationally. Authorizes the President to enter into negotiations with members of each multilateral development bank to prohibit aid by each such bank for any new mining or production facility for a commodity that is in oversupply internationally. Authorizes the President to enter into negotiations with the members of the International Monetary Fund (IMF) to terminate the Compensatory Financing Facility and transfer the resources and assets of the Facility to the general resources of the IMF. Authorizes the President to enter into negotiations with members of the International Bank for Reconstruction and Development for: (1) an agreement to permit increases in loans and guarantees by the Bank up to 200 percent of the Bank's unimpaired subscribed capital, reserves, and surplus; (2) an agreement that new lending by the Bank would be at interest rates based upon an index reflecting economic conditions in the country getting the loan; and (3) an agreement that new loans made by the Bank should be conditioned on the removal of existing trade and investment barriers and on the promotion of development of the private sector. Requires the President to report annually to the Congress on implementation of this subtitle. Title VI: Withdrawal of Benefits under Generalized System of Preferences - Directs the President to submit to the Congress, within 90 days of enactment of this Act, a draft of a bill to withdraw, within two years of enactment of this Act, trade preferences under title V of the Trade Act of 1974 from a foreign country if, on the basis of such country's per capita income and other indications of economic development and international competitiveness, the continued provision of such preferences can no longer be justified as promoting economic growth and development in the developing world. Provides for special congressional procedures with respect to such bill. Prohibits such bill from applying to any country which has entered into an agreement with the United States establishing a free trade zone between the United States and such country. Title VII: Nonmarket Economy Countries - Amends the Tariff Act of 1930 to change the method of dealing with dumping from nonmarket economy countries. Requires the foreign market value of merchandise to be the trade-weighted average price at which the merchandise or similar merchandise produced by eligible market economy producers is sold in the United States if: (1) the merchandise under investigation is exported from a nonmarket economy country; and (2) the administering authority finds that the foreign market value of the merchandise cannot be accurately determined under the usual method because information provided by the country is not verifiable or is insufficient. Requires the foreign market value, if a trade-weighted average price is not available, to be the price at which the merchandise or similar merchandise produced by an eligible market economy producers is sold in the United States. Requires the foreign market value, if there are no eligible market economy producers, to be the constructed value of the merchandise or similar merchandise produced in any country other than a nonmarket economy country. Defines nonmarket economy country generally to be a country which appears on a list prepared annually by the administering authority that designates countries whose economies do not operate on market principles of cost or pricing structures. Defines an eligible market economy producer to be a foreign producer who: (1) produces merchandise that is the subject of dumping investigation or any similar merchandise in a country that is not a nonmarket economy country; (2) exports the merchandise or similar merchandise to the United States; and (3) is not subject to an antidumping or countervailing duty order against the merchandise or similar merchandise. Title VIII: Intellectual Property Rights - Amends the Tariff Act of 1930 to declare that the unauthorized importation (or sale) of articles into the United States that infringe a valid U.S. patent, copyright, trademark, U.S. maskwork, or trade secret is unfair and has the effect of destroying or substantially injuring a U.S. industry or impairing the establishment of such industry. Permits any person to petition the ITC for the issuance of an order to exclude such articles, during its investigation, from entry into the United States. Sets forth: (1) civil penalties for violations under this Act; and (2) procedures for the modification or recission of an ITC order under this Act. Repeals a specified section of the Tariff Act of 1930 relating to the importation of products produced under a process covered by claims of unexpired patent. Process Patent Amendment of 1985 - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Directs the Department of Commerce to report to the Congress annually for five years on the effect such restriction has on the importation of ingredients for U.S. manufacturing. Agricultural Patent Reform Act of 1985 - Amends the patent laws to extend the terms of patents which encompass specified products or methods for using a product, including methods of manufacturing which primarily use recombinant DNA technology, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a five-year limitation on the extension and a 25-year maximum patent term for the earliest filing. Directs the Commissioner of Patents to notify the appropriate Federal agency upon receipt from the product sponsor of a notice of extension to determine the applicable regulatory review period and whether, within that period, the sponsor acted with due diligence. Provides for notice and informal hearings for persons interested in such determinations. Permits the setting of fees to cover the costs of review. Directs the Commissioner, upon a final determination of the applicable regulatory review period, to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for: (1) any new animal drug or antibiotic subject to regulation under the Federal Food, Drug, and Cosmetic Act; (2) any veterinary biological product subject to regulation under the Virus-Serum-Toxin Act; (3) any pesticide subject to regulation under the Federal Insecticide, Fungicide, and Rodenticide Act; and (4) any chemical substance or mixture subject to regulation under the Toxic Substances Control Act. Title IX: Export Related Measures - Subtitle A: Fair Export Financing - Fair Export Financing Act of 1985 - Amends the Trade and Development Enhancement Act of 1983 to declare that one of the purposes of such Act is to establish a temporary tied aid credit program to combat the predatory concessional credit programs of foreign governments. Directs the President to negotiate limits on partially untied aid credit. Changes the U.S. negotiating objectives to include references to partially untied aid credits. Directs the Secretary of the Treasury to establish within the Department of the Treasury a program of tied aid credits for U.S. exports. Requires the program to be carried out in cooperation with the Export-Import Bank or with private financial institutions or entities. (Currently the program is established within the Export-Import Bank and carried out in cooperation with the Agency for International Development (AID)). Sets forth financing methods that may be included in such program. Authorizes appropriations. Repeals the provision that established a tied aid credit program in AID. Requires the Secretary to seek the advice of the National Advisory Council on International Monetary and Financial Policies before approving financing under the tied aid credit program. Terminates the tied aid credit program on September 30, 1987. Limits judicial review of actions by the Chairman of the Export-Import Bank and by the Secretary. Changes the definition of "tied aid credit." Defines "partially untied aid credit." Deletes references to government-mixed credits and public-private cofinancing. Subtitle B: Amendments to the Foreign Corrupt Practices Act of 1977 - Practices and Records Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Subtitle C: Miscellaneous Provisions - Directs the Secretaries of State and Commerce to review periodically the number of personnel assigned to U.S. missions abroad to determine whether an adequate number of such personnel are engaged in economic or commercial duties to aid U.S. exporters and businesses doing business outside the United States. Declares that the Secretaries should extend the length of assignment of such personnel in order to ensure greater continuity in promoting U.S. exports. Requires each chief of a U.S. mission to a country that is an important trading partner and which has significant potential for U.S. export sales to report annually to the President and the Congress on: (1) the strategy used by such mission to expand U.S. exports; and (2) the efforts of such mission to assist U.S. industries in expanding export sales and in improving their market position. Expresses the sense of the Congress that: (1) each U.S. Executive Director to a multilateral development bank should take specified actions to promote procurement opportunities for U.S. firms; and (2) a Foreign Commercial Officer should be assigned to each such Director to help promote such opportunities. Requires each Federal agency, before taking any major action that may affect international trade, to prepare and publish a report on the potential impact of such action on U.S. international trade and on the ability of U.S. firms to compete in foreign markets. Directs the Secretary of Commerce, through the International Trade Administration, to develop and maintain an effective system to collect and disseminate information on international trade to U.S. exporters. Sets forth information to be included in such system. Title X: National Security - Amends the Trade Expansion Act of 1962 to require the President to implement the recommendations contained in a certain report by the Secretary of Commerce with respect to imports that threaten national security if the President has made no determination and taken no action on such report within 90 days of receiving it. Requires the President and the Secretary to consider, in determining whether imports threaten national security, the impact on national security of: (1) not only short-term supply disruptions of articles needed for national security but also long-term U.S. dependence on imports of such articles; and (2) the loss of a viable domestic industry producing articles needed for national security. Requires the President to issue a proclamation on the date of enactment of this Act that implements the recommendation of the Secretary in such report if the President did not by November 20, 1985, make a specified determination with respect to such report that was received before the date that is 90 days before the enactment of this Act.
United States · United States Congress · 20 November 1985
National Security and Trade Act of 1985 - Amends the Trade Expansion Act of 1962 to require the President to implement the recommendations contained in a certain report by the Secretary of Commerce with respect to imports that threaten national security if the President has made no determination and taken no action on such report within 90 days of receiving it. Requires the President and the Secretary to consider, in determining whether imports threaten national security, the impact on national security of: (1) not only short-term supply disruptions of articles needed for national security but also long-term U.S. dependence on imports of such articles; and (2) the loss of a viable domestic industry producing articles needed for national security. Requires the President to issue a proclamation on the date of enactment of this Act that implements the recommendations of the Secretary in such report if: (1) the President did not by November 30, 1985, make a specified determination with respect to such report that was received before the date of enactment of this Act.
United States · United States Congress · 20 November 1985
Amends the Trade Act of 1974 to allow one of the purposes of an import relief petition to be the desire to enhance competitiveness. Includes among the economic factors to be considered in determining whether increased imports constitute a serious injury to a domestic industry the inability of a significant number of firms to operate domestic production facilities at a reasonable profit. Adds to the factors to be considered in import relief investigations relating to whether increased imports are a threat of serious injury to a domestic industry: (1) any combination of coordinated government actions that are bestowed on a specified enterprise the effect of which is to increase the competitiveness of that enterprise and that cause or threaten to cause serious injury to the domestic industry concerned; (2) the existence of an affirmative antidumping or countervailing duty determination; (3) the extent to which firms in the domestic industry concerned are unable to maintain existing levels of research and development expenses; and (4) the extent to which the U.S. market is the focal point for diversion of exports because of a foreign country's market restraints. Requires the International Trade Commission (ITC) in determining what domestic industry is affected by imports to treat as part of the domestic industry only the domestic production of a domestic producer who also imports. Prohibits considering imports of like or directly competitive articles by domestic producers as a factor indicating the absences of serious injury or threat of serious injury to a domestic industry. Requires the ITC, in an import relief investigation, to consider factors other than imports which may cause injury or threaten injury to a domestic industry and to report on such factors to the President. Permits the ITC to recommend both increases in import restrictions and adjustment assistance if the ITC finds that increased imports are causing a serious injury or threat of serious injury to a domestic industry. Requires the ITC to prepare for the President an estimate of the short-term and long-term effects of such increase in import duties or import restrictions on private and industrial consumers. Directs the President to impose provisional import relief if critical circumstances exist (circumstances caused by a significant increase in imports over a short period of time in which a delay in the imposition of relief would cause damage to the domestic industry that would be difficult to remedy under the usual import relief measures). Authorizes filing a petition with the Secretary of Agriculture for emergency import relief in addition to any petition filed with the ITC if the petition relates to imports of perishable products. Requires the Secretary to make a recommendation to the President within 14 days of receiving such petition on whether or not to take emergency action. Requires the Secretary to recommend emergency relief if the Secretary finds that emergency action is warranted and that increased imports of a perishable product are a substantial cause of serious injury or threat of serious injury to the competing domestic industry. Requires the President to decide, within seven days of receiving such recommendation, what, if any, import restrictions to impose on such imports. Provides for the termination of such emergency relief. Requires the ITC to evaluate the effectiveness of import relief actions and to report on such evaluation to the President and the Congress. Requires the U.S. Trade Representative (USTR) to establish a plan development group for an industry after the ITC begins an import relief investigation based upon a petition filed by firms, a union, or a group of workers that represent a significant portion of the domestic industry if the petitioners request the establishment of such a plan development group. Requires each such group (made up of government and private sector representatives) to prepare an assessment of current problems in the industry and a strategy to enhance its competitiveness. Sets forth information to be included in such assessment and strategy. Requires the assessment and strategy to be submitted, along with the opinions of the members of the plan development group on the viability of such strategy, to the petitioner within 120 days of the start of an ITC import relief investigation. Authorizes the petitioner, if the ITC finds that imports have caused serious injury to the domestic industry, to submit the assessment and strategy to the ITC on the day after the ITC makes such finding. Requires the USTR to present to the ITC some of the opinions of Federal agencies on the viability of such strategy. Requires the ITC, upon submission of such assessment and strategy to the petitioner and before the ITC evaluates what effect such a strategy will have on the domestic industry to try to obtain confidential commitments from the individual members of the domestic industry on their future actions. Requires the ITC to transmit such commitments to certain members of the Government to enable them to evaluate the assessment and strategy. Requires the President under certain circumstances to consider such confidential commitments, assessment and strategy, and recommendations of the interagency trade organization. Sets forth the actions the ITC must take if the ITC finds that increased imports are a substantial cause of or constitute a threat of serious injury to a domestic industry and if an adjustment assessment and strategy have been submitted. Directs the President, in determining whether to provide import relief, to take into account the probable effectiveness of import relief as a means of promoting adjustment or modernization in order to improve competitive abilities. Directs the President, if the President has received an assessment and strategy in connection with an injured or threatened industry, to: (1) provide the import relief found necessary by the ITC; (2) provide substantially equivalent import relief; or (3) submit to the Congress a draft of a bill making certain waivers and containing provisions implementing the import relief, if any, that the President has decided to take. Provides for expedited congressional consideration of such a bill. Requires the President to implement the import relief found necessary by the ITC if after 90 days such bill is not enacted. Provides for publication of the assessment and strategy if import relief is provided. Requires a review committee to: (1) monitor actions taken by petitioners to improve the competitive position of the industry; (2) make recommendations for administrative actions to achieve the objectives of the assessment and strategy; and (3) submit to the Congress legislative recommendations. Provides for expedited consideration of legislative recommendations. Requires the review committee to consult with members of the plan development group and with members of the domestic industry if the objectives and actions specified in the assessment and strategy are not being implemented or if the confidential commitments are not being kept. Authorizes the President to terminate or modify the import relief if, after the consultations, the review committee determines that such failure to implement the strategy or commitments is not justified by changed circumstances and has adversely affected overall implementation of the objectives set forth in the assessment and strategy. Directs the President, before deciding whether to grant import relief, to consult with the interagency trade organization established pursuant to the Trade Expansion Act of 1962 and consider the recommendations of such organization. Includes among the import relief actions available to the President the right to: (1) initiate on an accelerated basis an antidumping or countervailing duty investigation; (2) direct the Attorney General to review applications from the injured industry for antitrust law exemptions; or (3) enter into multilateral negotiations to address problems not susceptible to unilateral solution. Permits an import relief investigation into imports of an article that received import relief less than two years before the start of the new investigation if good cause is shown. Sets forth the procedure for an antidumping or countervailing duty investigation which the President orders as a form of import relief. Sets forth the factors to be used to determine whether to grant an antitrust law exemption if the President as a form of import relief orders the Attorney General to consider applications for such exemptions. Requires the Attorney General to report to specified congressional committees if any such exemption is granted. Directs the President to impose import restrictions or increase import duties if multilateral negotiations ordered by the President as a form of import relief fail to provide relief from serious injury or the threat of serious injury within one year. Provides for expedited consideration of legislation implementing such import restrictions or import duty increases. Requires the ITC to review an injury determination and its recommendations relating to the determination if: (1) the ITC has made a unanimous affirmative injury determination; (2) the President declined between January 1, 1984, and October 1, 1985, to prevent or remedy the injury or threat of injury found by the ITC; and (3) a petition for review is filed within one year of enactment of this Act. Requires the ITC, within 60 days of receiving such petition, to: (1) determine whether the injury should be reaffirmed or revoked; and (2) if the injury determination is reaffirmed, report such determination to the President and set forth the increase in import duty or the import restriction necessary to prevent the injury or threat of injury. Requires the ITC to publish such report. Requires the President to decide whether to impose such import relief within 30 days of receiving such report.
United States · United States Congress · 20 November 1985
Title I: Measures Relating to Exchange Rates - Declares that it is U.S. policy that the United States and the Western industrialized allies should coordinate: (1) monetary and fiscal policies in order to eliminate imbalances in trade and capital flows and to stabilize exchange rates; and (2) the participation by central banks in international currency markets in order to reduce severe currency fluctuations, deter currency speculation, aid in the stabilization of the dollar in international currency markets, and promote orderly exchange rate adjustments. Directs the President, within six months of enactment of this Act, to enter into negotiations with: (1) other G-5 countries (West Germany, Japan, the United Kingdom, and France) to improve the international monetary system; (2) the other G-5 countries to enhance their role in coordinating fiscal and monetary policy to ensure that their policies converge on money growth, inflation, fiscal policy, interest rates, and other economic factors; and (3) other countries to achieve reciprocal opportunities for investment. Directs the Secretary of the Treasury and the Federal Reserve Board to accumulate foreign currencies in amounts sufficient to make participation in foreign exchange markets effective and credible. Requires the President to report to the Congress every six months on implementation of this title. Title II: Measures Relating to Developing Country Debtors - Requires the negotiating objectives of the United States with respect to developing country debtors to be to: (1) reduce barriers to U.S. exports; (2) reduce barriers to foreign investment; (3) lessen the burden on U.S. exports and international trade caused by destabilizing debt service and trade and investment barriers maintained by developing countries; (4) lessen the destablizing impact of difficulties in international debt service; (5) encourage developing countries to eliminate structural barriers that limit their efficiency and productivity; and (6) permit the resumption of economic growth of developing countries. Amends the Export-Import Bank Act of 1945 to authorize the Export-Import Bank to establish for FY 1986 through 1989 the Trade Expansion Loan Guarantee and Insurance program. Requires the program to be available to the Export-Import Bank for the establishment of general facilities consisting of guarantees and insurance in support of U.S. exports to specific developing countries if certain conditions are met. Authorizes the President to enter into negotiations with members of the Organization for Economic Cooperation and Development to eliminate official financing or support for new mining or production facilities for commodities in developing countries and to encourage the reduction of commodities from such facilities if the commodity is in oversupply internationally. Authorizes the President to enter into negotiations with members of each multilateral development bank to prohibit aid by each such bank for any new mining or production facility for a commodity that is in oversupply internationally. Authorizes the President to enter into negotiations with the members of the International Monetary Fund (IMF) to terminate the Compensatory Financing Facility and transfer the resources and assets of the Facility to the general resources of the IMF. Authorizes the President to enter into negotiations with members of the International Bank for Reconstruction and Development for: (1) an agreement to permit increases in loans and guarantees by the Bank up to 200 percent of the Bank's unimpaired subscribed capital, reserves, and surplus; (2) an agreement that new lending by the Bank would be at interest rates based upon an index reflecting economic conditions in the country getting the loan; and (3) an agreement that new loans made by the Bank should be conditioned on the removal of existing trade and investment barriers and on the promotion of development of the private sector. Requires the President to report annually to the Congress on implementation of this title.
United States · United States Congress · 20 November 1985
Amends the Trade Act of 1974 to urge the President to take all appropriate and feasible steps to reduce or eliminate tariff and nontariff barriers to international trade and other distortions of international trade through: (1) the full exercise of U.S. rights under international agreements; and (2) the negotiation of trade agreements. Authorizes the President to enter into trade agreements during the five years following January 3, 1988, to reduce or eliminate trade barriers and distortions if the President finds that: (1) such barriers or distortions unduly restrict U.S. foreign trade or adversely affect the U.S. economy or are likely to result in such a restriction or effect; (2) the purposes of the Trade Act of 1974 will be promoted by the reduction or elimination of such barriers or distortions. Authorizes entering into a trade agreement only if the President, at least 150 days before such agreement is entered into: (1) notifies specified congressional committees of the negotiations of such agreement; (2) consults with each such committee regarding the negotiation; and (3) submits to each such committee a written statement of the specific negotiating objectives that the President anticipates will be achieved by such agreement and its implementing bill, a description of how such objectives will be achieved, and the specific negotiating objectives the President anticipates will not be achieved and the reasons for such failure. Provides that an implementing bill will not receive expedited congressional consideration if such conditions are not met or if a specified congressional committee disapproved the negotiation within 60 days of receiving notice of it. Requires the U.S. Trade Representative to consult with interested congressional committees at least once a year on such negotiations, their progress, and obstacles to the achievement of their objectives. Requires the President to consult with specified congressional committees before entering into any trade agreement. Requires the President, whenever entering into a trade agreement, to submit such agreement, together with a draft implementing bill and statement of proposed implementing administrative action to the Congress. Provides that a trade agreement submitted to the Congress shall enter into force with respect to the United States only if: (1) the President, at least 90 days before entering into such trade agreement, notified the Congress of the intent to enter into it and published notice of such intent; and (2) after entering into the agreement, the President sends the final legal text of the agreement to the Congress along with certain other information. Sets forth certain recommendations the President may make to the Congress to insure that foreign countries which benefit under a trade agreement are subject to obligations under the agreement. Directs the President, upon starting negotiations on a trade agreement to limit trade barriers, to try to obtain an interim agreement under which any country participating in such negotiations shall: (1) decline to impose new trade barriers or trade-distorting devices; and (2) reduce market intervention and allow market forces to govern growth of industries characterized by overcapacity or overproduction. Requires that the U.S. objectives in negotiating trade agreements under the basic authority to negotiate shall be to obtain: (1) more open, fair, and equitable market access; (2) the reduction or elimination of barriers and other trade-distorting practices; and (3) an appropriate overall balance between benefits and concessions within the agricultural, manufacturing, mining, and services sectors. Requires that the principal objectives in negotiating agreements to reduce trade barriers shall be to: (1) obtain, with respect to manufacturing, mining, agriculture, and services and with respect to related investments, equivalent competitive opportunities for U.S. exports; and (2) bring previously made trade agreements into conformity with principles promoting an open, nondiscriminatory, and fair world economic system. Authorizes the President for the five years following January 3, 1988, to: (1) proclaim an increase in an import duty or an imposition of an additional import duty in lieu of any limit on imports of an article; or (2) use import licenses in administering any of such limitations and sell such licenses at public auctions.
United States · United States Congress · 20 November 1985
Intellectual Property Rights Enforcement Amendments of 1985 - Amends the Tariff Act of 1930 to declare that acts of importation into, or sale in, the United States of articles that infringe a valid U.S. patent, copyright, trademark, U.S. maskwork, or trade secret are unfair and have the effect of destroying or substantially injuring a U.S. industry or impairing the establishment of such industry. Permits any person to petition the International Trade Commission (ITC) for the issuance of an order to exclude such articles, during its investigation, from entry into the United States. Sets forth: (1) civil penalties for violations under this Act; and (2) procedures for the modification or recision of an ITC order under this Act. Repeals a specified section of the Tariff Act of 1930 relating to the importation of products produced under a process covered by claims of an unexpired patent.
United States · United States Congress · 13 November 1985
Declares that the Senate: (1) commends the President for his initiative to meet with the Soviet General Secretary in Geneva on November 19 through 20, 1985; (2) extends to him the Congress' full support; and (3) encourages the President in such meetings to pursue a framework for progress on arms control, Soviet aggressive behavior in the Third World (particularly in Afghanistan), adherence to international human rights, confidence building measures (such as the establishment of Nuclear Risk Reduction Centers and Resumption of Navy-to-Navy talks), and other specified matters.
United States · United States Congress · 7 November 1985
Expresses the sense of the Senate that the Federal Energy Regulatory Commission (FERC) should make changes to the transportation and certificate regulations regarding the Voluntary Natural Gas Transportation Program so that: (1) natural gas transportation to residential, commercial and industrial gas consumers is resumed as soon as possible; and (2) the disincentives for natural gas pipelines to provide voluntary transportation of natural gas for others are removed. Expresses the sense of the Senate that FERC should take immediate action to make natural gas transportation available on an expedited basis in order to preclude further disruption in the natural gas marketplace.
United States · United States Congress · 30 October 1985
Expresses the sense of the Senate that: (1) the people of the United States acknowledge the role of Antonio Meucci in the development of the telephone; and (2) an official delegation of the Senate present this resolution to the Honorable Rinaldo Petrignani, the Ambassador from Italy.
United States · United States Congress · 24 October 1985
Declares that no letter of offer, prior to March 1, 1986, shall be valid with respect to any proposed sales to Jordan of advanced weapons systems, including advanced aircraft and advanced air defense systems, that are described in the notification pursuant to the Arms Export Control Act, unless direct peace negotiations between Israel and Jordan are underway.
United States · United States Congress · 9 October 1985
Amends the Trade Act of 1974 to provide that increases in imports that are an "important cause" of harm to competing domestic industries shall trigger import relief. (Current law requires increases in imports to be a "substantial cause" of harm to competing domestic industries before triggering import relief.) Deletes the provision authorizing the President to waive imposition of import relief for national economic reasons. Provides for import relief and trade adjustment assistance (currently only one or the other may be granted) if increased imports have harmed or threaten to harm a competing domestic industry. Requires import relief to terminate: (1) unless changed by orderly marketing agreements, no earlier than three years after it takes effect; and (2) no later than five years after it takes effect. Directs the President to negotiate orderly marketing agreements or voluntary restraint agreements that limit the export or production of articles that harm or threaten to harm competing domestic industries. (Current law directs the President to negotiate only orderly marketing agreements under such circumstances.) Provides for review of certain import relief determinations if: (1) the International Trade Commission (ITC) has made a unanimous finding of injury from imports before enactment of this Act; (2) the President declined during a specified period to provide import relief; and (3) a petition for review is filed with the ITC within one year of enactment of this Act. Sets forth the procedure for carrying out such review.
United States · United States Congress · 2 October 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 Stamp 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 program (SSI). 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. States that shelter expenses paid under the Low-Income Home Energy Assistance Act shall not qualify as household expenses for purposes of the excess shelter expense deduction. 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-bodied 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 alien's income and assets be included in determining a household's eligibility or benefits. Prohibits sales tax to be 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 AFDC, 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 the use of 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 5000 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 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 for storage and distribution costs. 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 commisaries 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 restricting 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 of 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 median 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 dispoal 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 county. 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 income; (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 for 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 tax 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. Title II: Committee on Armed Services - Limits the amounts available, from Department of Defense authorizations for military personnel accounts from FY 1986, for obligation for military basic pay and payments for accrued retired pay benefits within the Army, Navy, and Air Force. Requires the Secretary of Defense to report to the Congress on proposed changes in the military nondisability retirement system. Requires certain accounting methods to be used in determining costs and savings from any legislative changes in the military retirement system during FY 1985 or 1986. Changes from October 1, 1985, to November 1, 1985, the effective date of pay raises for members of the uniformed services, as proposed in S. 1160, Department of Defense Authorization Act, 1986. Directs the Secretaries of Defense and Health and Human Services to jointly study the possible effects of the adoption for the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) of a prospective payment system for inpatient hospital services such as that used by the Department of Health and Human Services for the Medicare program. Outlines considerations to be addressed in such study. Directs the Secretaries, no later than December 1, 1985, to report their findings under 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. Outlines recommendations to be included in such report. Amends title XVIII (Medicare) of the Social Security Act to require providers of hospital services under the Medicare program to also 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 authorization for rural housing assistance programs for FY 1986. Directs the Secretary of Agriculture to sell insured or guaranteed rural housing loans to the public to pay each holder the differences 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 eligibilty 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. 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 (such as granting licenses or construction permits.) Direct the Commission to review and adjust such charges (in certain increments) every two years to reflect changes in the Consumer Price Index. Exempts from such charges: (1) specified radio public services; and (2) governmental entities licensed in other services. Permits the Commission to: (1) dismiss any application or other filing for failure to pay any charge in a timely manner; and (2) waive or defer payment of a charge to promote the public interest. 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 benefits 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. Confers 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. Part 4: Federal Energy Regulatory Commission - Prohibits the Federal Energy Regulatory Commission from issuing a final rule regarding regulation of natural gas pipelines after partial wellhead decontrol unless such rule is necessary to provide nondiscriminatory transportation. 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 federally leased tract lying 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 revenue derived from Federal leases within three miles of the seaward boundary of any coastal State between September 18, 1978, and September 30, 1985. Title VI: Committee on Environment and Public Works - Sets obligation limitations upon Federal-aid highways and highway safety construction programs for FY 1986 through 1988. Specifies exemptions. Sets allocation guidelines for the distribution of such obligation limitations. Sets obligations 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. Title VII: Committee on Finance - Subtitle A: Medicare - Part I: 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 payments 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 intern 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. 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 regulations 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. 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. Amend 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 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 cost 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. 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 recommendations 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 cataract contact lenses; and (2) payment may be made, in the first year after surgery, for one original 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 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 (title XIX of the Act) 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 Retirement 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 (title XVI of the Act) Programs 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 1986. 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 entities 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 special 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 individuals' homes so that they may maintain Medicaid eligibility. Directs the Secretary to select four programmatically and demographically disparate States to conduct three year demonstration projects 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 residents' 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 titles 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. 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 restucture 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 retrieval 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 commerical 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. 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 worker. 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 limit 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) the employer makes a specified certification to the Secretary; (2) the worker's training does not result in the displacement of a currently employed worker or in the hiring of the trainee to fill a job opening created by the layoff or termination of a regular employee's employment; (3) 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; and (4) the employer certifies to the Secretary that the employer will continue the employee's employment for 26 weeks after the training. Sets forth penalties for violations of the on-the-job training requirements. 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. 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. 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 I: 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 employees for contributions to a group health plan unless such plan meets specified continuing coverage requirements. Treats parents of airline employees 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, 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 chemical feedstock tax for: (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 tax where the unobligated balance in the Superfund exceeds 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 Responsibility 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. Establishes 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 revisions 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. Declares that a nonprofit organization shall not be entitled to reduced rates during any period in which such organization is not entitled to tax-exempt status. 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. 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 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 provisions 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 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 resonable 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 Higher Education Act of 1965 (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 considred 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 lender of last resort be provided each State for all eligible borrowers 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 Hospitals - 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 exmination 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. Adds to PHSA provisions relating to graduate medical education. Part H: Graduate Medical Education - Amends the Public Health Service Act to add provisions relating to graduate medical education. Authorizes the Secretary of Health and Human Services to establish a registry of teaching hospitals. Requires hospitals which apply to be on such registry to comply with regulations establishing: (1) a minimum percentage of graduate medical education positions in primary care specialties; and (2) the maximum number of graduate medical education positions to be filled by graduates of foreign medical schools. Directs the Council on Graduate Medical Education (established by this Act) to recommend to the Secretary a national target for primary care specialties for a four fiscal year period. Requires the Secretary to establish by regulation the minimum percentage recommended by the Council, or remand such recommendations to the Council. Requires the establishment of such minimum percentages every four years. Specifies the types of positions which are considered primary care specialties. Excludes specified positions from being considered graduate medical education positions. Permits the Secretary to waive the applicability of such minimum percentages if the State department of health applies for such a waiver. Requires that at least 75 percent of all graduate medical education positions in each specialty area of a registered hospital be held by graduates of: (1) schools of medicine accredited by the Liaison Committee on Medical Education; or (2) schools of osteopathy accredited by the Committee on Postdoctoral Training of the American Osteopathic Association. Sets conditions for positions for U.S. or alien graduates of foreign medical schools. Establishes a Council on Graduate Medical Education to advise the Secretary on current and future needs for physicians to practice in primary care specialties. 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 notification 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 which apply specified ERISA provisions relating to distributions of residual assets. 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 - Amends Federal veterans' benefits provisions to require the Administrator of Veterans Affairs to furnish hospital care determined to be reasonably necessary for: (1) a veteran for a service-connected disability; and (2) any disability of a veteran who has a 50 percent or more service-connected disability. Requires the Administrator to use discretion in providing such care to incarcerated veterans. Permits the Administrator to furnish such care to veterans with a nonservice-connected disability who have a less than 50 percent service-connected disability, and to certain other veterans. Authorizes the Administrator to furnish reasonably necessary hospital care for a nonservice-connected disability of a veteran if the veteran agrees to make repayment to the United States for such care. Authorizes the Administrator to exclude from eligibility for such care certain veterans with an annual income or estate value in excess of a prescribed amount. Directs the Administrator to furnish reasonably necessary nursing home care to a veteran for a service-connected disability. Permits the Administrator to provide such care to a veteran for any disability other than a service-connected disability. Authorizes the Administrator to furnish reasonably necessary nursing home care to a veteran for other than service-connected disabilities if the veteran agrees to make repayment to the United States for such care. Authorizes the Administrator to exclude from eligibility for such care certain veterans with an annual income or estate value in excess of a prescribed amount. Authorizes the Administrator to provide reasonably necessary domiciliary care to a veteran if the administrator finds that such veteran is incapacitated and has no adequate means of support. Directs the Administrator to furnish reasonably necessary ambulatory or outpatient medical services to a veteran for a service-connected disability and for any disability of a veteran who has a service-connected disability rated at 50 percent or more. Requires the Administrator to use discretion in deciding whether to provide such care to incarcerated veterans. Directs veterans who are required to make repayment to the United States for hospital and nursing home care and medical services to pay a certain percentage of the costs of such services. Directs the Administrator to prescribe regulations which establish priority in the care and treatment of veterans, based upon whether and to what extent their disabilities are service-connected, and other factors. Enumerates the order of veteran priority for such care and services. Revises Federal provisions concerning the determination of a veteran's inability to defray necessary hospital and medical expenses to provide that a veteran shall be determined unable to defray such expenses if such veteran's income during the calendar year preceding his or her application for care is not greater than $25,000. Authorizes the Administrator to increase such income ceiling whenever veterans' pensions are increased. Prohibits the Administrator from determining that a veteran is unable to defray such expenses if the estate value of the veteran is such that a deferral from the payment of such expenses would be unreasonable. Provides for the contracting out for veterans' hospital care and medical services when Veterans Administration (VA) facilities are not economically capable of furnishing such care. Outlines the types of such care and services for which the VA can contract with non-VA facilities for. Requires periodic review of the necessity for such contractual arrangements. Directs the Administrator, no later than December 1, 1985, to report to Senate and House Veterans' Affair Committees concerning the implementation of provisions of this Act relating to repayment by veterans for hospital and nursing home care and medical services. Outlines information to be included in such report. Sets forth effective dates and defines terms. Part B: Recovery of the Cost of Certain Health Care and Services Furnished by the Veterans' Administration - Amends Federal law to provide that, in any case in which a veteran is furnished care or services for certain specified nonservice-connected disabilities, the United States has the right to recover the reasonable cost of such care or services from a third party to the extent that the veteran would be eligible to receive payment for such care or services from such third party if the care or services had not been furnished by a department or agency of the United States. Enumerates the nonservice-connected disabilities for which such third-party payments apply. Subrogates the United States to any right or claim that the veteran may have against a third party. Permits U.S. intervention in court proceedings to enforce such rights or claims. Directs the Administrator, after consultation with the Comptroller General, to prescribe regulations for the purpose of determining the reasonable cost of such care and services under this Act. Prohibits the reasonable cost from exceeding the prevailing rate of such costs in the same geographic area. Directs the Comptroller General, not later than 45 days after the date on which the Administrator prescribes such regulations, to submit to the Senate and House Veterans' Affairs Committees his or her comments and recommendations concerning such regulations. Authorizes the use of medical records of a veteran who is a beneficiary of a health plan contract provided by a third party to the extent that such records are necessary for recovery by the United States from such third party of the costs of providing reasonably necessary hospital and nursing home care and medical services to such veteran. Requires the confidentiality of such records to be maintained to the extent practicable during their inspection and review. Directs the Administrator, not later than six months after the date of enactment of this Act, to report to the Senate and House Veterans' Affairs Committees on the implementation of the provisions of this section. Directs the Administrator, not later than February 1, 1987, and February 1 of each year thereafter, to update such Committees on the implementation of such provisions with respect to the most recent full fiscal year. Part C: Limitation on Increase in Rates of Veterans' Administration Compensation - Limits the rate of increase of Veterans Administration compensation and budget authority and outlays in fiscal year 1986.
United States · United States Congress · 24 September 1985
Colorado River Floodway Protection Act - Establishes the Colorado River Floodway Task Force to prepare recommendations concerning the management of land within the Colorado River Floodway. Establishes the Colorado River Floodway, with boundaries to be determined by floodflow levels downstream of Davis Dam. Directs the Secretary to file with the appropriate congressional committees maps of the floodway, and to provide each State, local, or Federal agency affected by such floodway system with copies of such maps. Permits the Secretary to make minor modifications to such maps after timely notice to the State or agency involved. Directs the Secretary to review the floodway at least once every five years and to make all necessary changes. Denies the availability of new expenditures or new financial assistance for any purpose within the Floodway, with specified exceptions. Allows the appropriate Federal officer to make Federal expenditures or financial assistance available within the Floodway, for: (1) any dam, channel, levee, or other structure whose purpose is flood control, water conservation, power, or water quality, drainage facility, or other remedial or corrective measure; (2) the maintenance and expansion of publicly operated roads, structures, or facilities, with specified exceptions; and (3) certain other activities whose purposes are consistent with this Act, such as fish and wildlife enhancement projects, air and water navigation aids, scientific research, emergency assistance, and riverbank stabilization projects. Requires the Secretary of the Interior to make written certification each year after FY 1985 that each Federal agency concerned has complied with the provisions of this Act. Requires the Secretary, within one year of enactment of this Act, to submit a report on the Floodway to the appropriate congressional committees, detailing the work of the task force and any recommendations the Secretary may have. Amends the National Flood Insurance Act of 1968 to limit new flood insurance coverage on new construction or substantial improvements to structures within the Floodway to a date six months after the enactment of this Act. Denies the granting of Federal leases on land located within the Floodway unless the Secretary determines that the proposed use of such land will be consistent with the purposes of this Act. Requires pre-Act Federal land lessees to take reasonable steps to minimize any land use inconsistent with the purposes of this Act. Prohibits the granting of leases between Hoover Dam and Davis Dam unless the Secretary determines that the lease would be consistent with the operation of Lake Mohave. Authorizes appropriations through FY 1990.
United States · United States Congress · 23 September 1985
Declares that the Congress supports the efforts of the democratic forces in Chile to achieve a peaceful return to democratic government. Expresses its view that the National Accord for the Transition to Full Democracy is an important step toward that goal. Calls upon the Government of Chile, the armed forces, and all the leaders of all sectors of Chilean society to demonstrate their commitment to a genuine transition through a process of dialogue, negotiation, and consensus.
United States · United States Congress · 19 September 1985
Directs the President to take immediate action to initiate negotiations to establish an International Copper Action Commission composed of government representatives from copper producing and consuming countries, international copper industry representatives, major copper consumer representatives, and members of the Congress. Outlines Commission functions to include: (1) serving as a forum for consultations between copper industry representatives and government officials; (2) developing consistent copper trade guidelines; (3) developing worldwide copper demand forecasts; and (4) promoting copper consumption, research, and market development.
United States · United States Congress · 17 September 1985
Amends the Federal criminal code to provide that any person convicted of espionage shall forfeit to the United States any money or other property involved in or obtained as a result of such espionage activities. Provides that where such money or property is unavailable for forfeiture, the person convicted of such crime must forfeit property up to the value of the property gained from the espionage activity. Permits the courts to order the forfeiture of proceeds received or to be received from a contract relating to the depiction of such offense in a movie, book, newspaper, magazine, radio or television production, or live entertainment or presentation of any kind. Authorizes the Attorney General to pay a reward not to exceed $100,000 for information leading to the arrest or conviction of persons committing espionage, or leading to the prevention, frustration, or mitigation of the effect of an act of espionage. Disqualifies an officer or employee of the United States or of any State or local government while performing official duties from receiving such a reward.
United States · United States Congress · 11 September 1985
Native American Culture and Art Development Act - Establishes a corporation to be known as the Institute of Native American Culture and Arts Development, with a board of trustees including Native Americans from the private sector, appointed by the President, and Members of Congress. Identifies the Institute's primary functions as: (1) scholarly study and instruction in Native American arts and culture; and (2) the establishment of degree-awarding programs in Native American art and culture. Establishes within the Institute: (1) a Center for Culture and Art Studies; and (2) a Center for Research and Cultural Exchange. Establishes the Institute as a nonprofit and tax-exempt organization. Prohibits the Institute from engaging in any political activity regarding elective public office. Transfers to the Institute the functions of the Institute of American Indian Arts. Directs the President of the Institute to submit an annual report to the Congress and the Board. Establishes the Institute of American Indian Arts, at Santa Fe, New Mexico, as the site of the Institute of Native American Culture and Arts Development. Authorizes appropriations.
United States · United States Congress · 1 August 1985
Amends the Fair Labor Standards Act of 1938 to exclude the employees of States and local governments from the provisions of that Act relating to maximum hours. Revises the definition of "employee" under that Act to exclude any volunteer for a State, local, or interstate public agency, even if such volunteer is paid expenses or a nominal fee to perform the voluntary services.
United States · United States Congress · 1 August 1985
Expresses the sense of the Senate that it condemns the growing incidence of violence against health care facilities (most of which provide abortion services). Encourages the Bureau of Alcohol, Tobacco, and Firearms and the Department of Justice to intensify their efforts and apprehend and convict the perpetrators of such violence. Urges the Department of Justice to use all applicable Federal criminal statutes against such persons.
United States · United States Congress · 31 July 1985
Process Patent Amendment of 1985 - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Directs the Department of Commerce to report to the Congress annually for five years on the effect such restriction has on the importation of ingredients for U.S. manufacturing.
United States · United States Congress · 24 July 1985
Declares that whether or not the position of an agency in an adjudicative proceeding was substantially justified shall be determined on the basis of the administrative record, as a whole, in the adversary adjudication for which fees and expenses are sought. Provides that the decision on the award of legal fees and other expenses by the adjudicative officer of a Federal agency that conducts an adversary proceeding shall be the final administrative decision. Bars any such decision when the Government appeals the underlying merits of an adversary adjudication until a final and unreviewable decision is rendered by the court on appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. Amends the definition of a "party" which is eligible to be awarded legal expenses to exclude any individual whose net worth exceeds $2,000,000 (currently $1,000,000) and any entity whose net worth exceeds $7,000,000 (currently $5,000,000), including any local government. Redefines an "adversary adjudication" for which such expenses may be awarded to include any appeal before an agency board of contract appeals under the Contract Disputes Act of 1978. Authorizes a party, other than the United States, if dissatisfied with an adjudicative officer's determination of such expenses, to appeal the determination to the appropriate U.S. court within 30 days after such determination is made. Requires a court's determination on such an appeal to be based solely on the factual record made before the agency. Authorizes a court to modify the determination only if it finds that the failure to make an award of expenses or the calculation of the amount of the award was unsupported by substantial evidence. Requires agencies to pay litigation expenses to prevailing parties from funds made available to the agency by appropriation or otherwise. Defines "civil action" to include any appeal by a party other than the United States from a decision of a contracting officer on a dispute in a Federal contract. Provides that a person shall be a prevailing party in eminent domain proceedings if the person obtains a final judgment which is at least as close to the highest valuation of the property attested to at trial on behalf of the property owner as it is to the highest valuation of the property attested to at trial on behalf of the Government. Amends the Equal Access to Justice Act to provide that certain provisions of the Social Security Act limiting attorney fees in old age, survivors and disability insurance benefit actions shall not apply with respect to the award of legal expenses to the prevailing party. Repeals provisions which limit the payment of judgments, fees, and other expenses to amounts provided in advance in appropriation Acts. Authorizes awards for fees and expenses incurred before October 1, 1981, in adversary adjudications commenced on or after such date. Revives certain expired provisions of the Equal Access to Justice Act relating to the termination date for awarding fees and expenses.
United States · United States Congress · 15 July 1985
Amends the Fair Labor Standards Act of 1938 to exclude the employees of States and local governments from the provisions of that Act relating to maximum hours.
United States · United States Congress · 27 June 1985
Designates the period October 1 through September 30, 1986, as the time to reflect on the achievements of the Peace Corps during its 25 years, and on ways such programs might be used in the future. Authorizes and requests the President to proclaim this period as a time to honor Peace Corps volunteers and reaffirm our commitment to such programs.
United States · United States Congress · 27 June 1985
Declares that the Senate agrees to cooperate with the Jacob K. Javits Senate Fellowship Program. Directs the Senate to provide assistance as may be necessary for the success of this fellowship program.
United States · United States Congress · 19 June 1985
Health Care Financing Fraud and Abuse Amendments of 1985 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to consolidate provisions providing criminal penalties for acts involving Medicare and Medicaid abuses. Amends part A (General Provisions) of title XI of such Act to direct the Secretary of Health and Human Services to exclude from participation in Medicare and to direct States to exclude from participation in Medicaid, any individual or entity convicted of a criminal offense related to such individual's or entity's participation in the delivery of items or services under Medicare, Medicaid, or title V (Maternal and Child Health Services Block Grant) of such Act. Authorizes the Secretary to exclude from Medicare participation and to direct State agencies to exclude from Medicaid participation any individual or entity: (1) convicted of any financial abuse or abuse of patients in connection with the delivery of health care items or services in any publicly operated or financed program; (2) convicted of unlawful manufacture or distribution of a controlled substance; (3) who has had his or her health care license revoked or suspended; (4) excluded under any Federal or State program involving the provision of health care; (5) committing certain acts prohibited under title XI; (6) owned or controlled by an individual convicted of health care related crimes, fined for health care abuses, or excluded from Medicare, Medicaid, or title V; (7) failing to supply certain information; (8) submitting claims, under Medicare or Medicaid, for excessive charges or unnecessary services; (9) failing to take corrective action recommended by a peer review organization; or (10) in default on Federal health education loan or scholarship obligations. Directs the Secretary to notify each appropriate State agency of the facts and circumstances of each exclusion. Authorizes the Secretary, for good cause, to waive an exclusion. Entitles an excluded individual or entity to a hearing. Revises title XI provisions providing for civil monetary penalties. Authorizes the Attorney General, at the Secretary's request, whenever the Secretary believes that a person may be subject to such a civil penalty to bring an action in the appropriate U.S. district court to enjoin such activity or to seek other appropriate relief. Requires, under title XI, the disclosure of certain information from any owner with an interest of five percent or more in a health care facility's mortgage. Provides, under title XI, for application to Medicaid of standards which are presently applicable to Medicare with respect to the obligations of providers to provide quality services economically. Prohibits Medicare or Medicaid payments for any item or service ordered by an excluded physician, unless it is an emergency item or service. Authorizes a provider to terminate an agreement upon notice to the Secretary. Authorizes the Secretary to refuse to enter into an agreement with or to terminate an agreement with a provider failing to comply substantially with applicable requirements. Permits the Secretary, under Medicare, in cases where a provider, individual, or entity no longer substantially complies with participation requirements but does not jeopardize the health and safety of its patients, in lieu of terminating an agreement or approval with provider, individual, or entity to notify the provider, individual, or entity of the deficiencies and the time within which such deficiences must be corrected. Permits a State, for good cause, to exclude an individual or entity under Medicare or Medicaid. Permits a State to allow a provider a certain time period within which to correct deficiencies, if the provider's deficiencies do not jeopardize the health and safety of its patients. Prohibits Medicaid payments to any individual or entity failing to supply to the Secretary required information. Permits the Secretary, under Medicaid, in cases where a skilled nursing facility or intermediate care facility no longer substantially meets applicable participation requirements but does not jeopardize the health and safety of its patients, in lieu of canceling certification of the facility, to notify the facility of the deficiencies and the time within which such deficiencies must be corrected. Requires a State's Medicaid plan to have in effect a system of reporting to the Secretary: (1) any final adverse action by any State authority against any provider; and (2) any loss or voluntary surrender of a provider's license during a formal proceeding by a State. Amends the Deficit Reduction Act of 1984 to repeal provisions which provide for an 18 month moratorium in the case of a State Medicaid plan which uses less restrictive income or resource standards than would otherwise be required for noncash Medicaid recipients.
United States · United States Congress · 19 June 1985
Medicare and Medicaid Second Opinion Act of 1985 - Amends title XVIII (Medicare) of the Social Security Act to prohibit payment for a surgical procedure listed by the Secretary of Health and Human Services unless a second opinion regarding such surgery is obtained. Provides that the second opinion need not agree with the first opinion in order for payment to be made. Directs the Secretary to establish a list of at least ten surgical procedures to which the second opinion requirement applies. Directs the Secretary to enter into contracts with utilization and quality control peer review organizations under which such organizations serve as referral centers for the second opinions required by the Act. Permits the patient to choose any qualified physician to provide the second opinion. Provides that a second opinion need not be obtained: (1) if to delay surgery would be a risk to the patient; (2) if no physician is available, within reasonable limits, to provide the second opinion; and (3) if the surgery is to be performed on a patient who is a member of a health maintenance organization or competitive medical plan having a risk sharing contract with the Secretary. Requires physicians, hospitals, and ambulatory surgical centers to notify patients of the second opinion requirement. Sets forth sanctions for noncompliance. Directs the Secretary to notify physicians, hospitals, ambulatory surgical centers, and Medicare beneficiaries of the requirements of this Act. Waives the deductible and copayments with respect to the second opinion. Amends title XIX (Medicaid) of the Act to require second opinions. Provides for the application of the Medicare second opinion requirements to Medicaid. Sets forth effective date, regulations, and study provisions.
United States · United States Congress · 19 June 1985
Expresses the sense of the Senate that the Department of Energy, the Nuclear Regulatory Commission, and other agencies should take appropriate actions to: (1) assure the maintenance of a viable domestic uranium industry; (2) assure the proper disposal and reclamation of uranium mill tailings through a program for the equitable financing of such disposal and reclamation; and (3) provide for the use of uranium and uranium hexafluoride so that the United States is assured of secure, independent supplies of uranium for commercial and military needs.
![Official portrait of Sen. Domenici, Pete V. [R-NM]](https://www.congress.gov/img/member/d000407_200.jpg)