The world's political record
Records whose title is actually about this topic. Use a country filter if the list is still too broad.
51 records in US in 1995
United States · United States Congress · 22 December 1995
Amends the Perishable Agricultural Commodities Act, 1930 to: (1) require all retail domestic and imported perishable agricultural commodities to have country of origin labeling; and (2) impose penalties for labeling noncompliance.
United States · United States Congress · 21 December 1995
Snowbasin Land Exchange Act of 1995 - Requires the Secretary of Agriculture, subject to specified terms and conditions, to transfer certain lands within the Cache National Forest in Utah to the Sun Valley Company in exchange for specified Company lands of approximate equal value to become a part of the Wasatch or Cache National Forests as appropriate. Adjusts the boundaries of such Forests to encompass the lands. Requires such lands to be managed in accordance with the Weeks Act and other applicable laws, rules, and regulations of National Forest System lands. Finds that, based on congressional review, the Phase I facilities identified and described in the Snowbasin Ski Area Master Development Plan dated October 1995 to be located on National Forest System lands, or any modifications thereof mutually agreed to by the Secretary and the Company, are reasonable and necessary to accommodate the 2002 Olympics. Directs the Secretary to issue all necessary permits and authorizations for construction and operation of such facilities in accordance with specified procedures and provisions of this Act. Requires the Secretary to report to specified congressional committees on whether construction and operation of Phase I facilities have provided for sufficient environmental protection on National Forest lands affected by such facilities.
United States · United States Congress · 15 December 1995
Amends the Internal Revenue Code to provide for the nonrecognition of gain for sales of stock of a qualified refiner or processor to an eligible farmer's cooperative. Raises from 30 to 100 percent the amount of stock an employee stock ownership (ESOP) plan or cooperative must hold after a sale. Sets forth provisions concerning the determination of whether any stock in the domestic corporation is a qualified security.
United States · United States Congress · 15 December 1995
Amends the Trade Act of 1974 to revise the definition of "domestic industry" and "like or directly competitive article" with respect to investigations by the International Trade Commission (ITC) to determine whether perishable agricultural products are being imported into the United States in such increased quantities as to be a substantial cause (or threat) of serious injury to the domestic industry producing an article like or directly competitive with such imported products. Authorizes the ITC, in the case of one or more domestic producers who produce a like or directly competitive perishable agricultural product during a particular growing season, to limit the domestic industry to those producers if they sell all or almost all of their production of the article in that growing season and the demand for the article is not supplied, to any substantial degree, by other domestic producers of the article who produce the article in a different growing season. Requires the ITC, with respect to perishable agricultural products, to limit provisional import relief to imported articles that are entered, or withdrawn from warehouse for consumption, during the same growing season as the like or directly competitive product. Amends the North American Free Trade Agreement Implementation Act to require the Commissioner of Customs (currently, the ITC), with respect to expediting an investigation concerning provisional import relief, to monitor, until January 1, 2009, imports of fresh or chilled tomatoes and peppers (other than chili peppers) as if proper requests for such monitoring have been made. Requires the Secretary of Agriculture, upon the request of the Commissioner of Customs (currently, the ITC), to provide to the Commissioner information relevant to such monitoring. Requires the Commissioner to make such information available to the public, but in no case more than seven calendar days after the Commissioner receives such information.
United States · United States Congress · 15 December 1995
TABLE OF CONTENTS: Title I: Peanut Price Support and Production Adjustment Program Title II: Peanut Standards Peanut Program Improvement Act of 1995 - Title I: Peanut Price Support and Production Adjustment Program - Amends the Agricultural Adjustment Act of 1938 to extend peanut program national and farm poundage quota and acreage allotment provisions through crop year 2002. Eliminates seed and includes import considerations in national poundage quota determinations. Sets a minimum 70 percent (of quota support rate) support rate for transferred additional peanuts. (Sec. 102) Revises and extends sale, lease, or transfer of farm poundage quota provisions through crop year 2002. Authorizes acreage allotment transfers to owners or operators within any county of a State. States that fall transfers shall no affect farm quota histories nor poundage quotas. Sets forth provisions for in-State farm poundage quota sales in large-quota States (10,000 tons or greater). (Sec. 103) Extends experimental and research, and marketing penalty provisions through crop year 2002. Applies penalty provisions to reentered (after export) peanut products made from additional peanuts. (Sec. 105) Amends the Agricultural Act of 1949 to revise and extend peanut price support provisions through crop year 2002. Makes peanuts produced outside New Mexico ineligible for New Mexico pools. Revises loss provisions. Subjects imported peanuts to domestic peanut quality standards. Extends marketing assessment provisions (at 1.2 percent) through crop year 2002. Treats imported peanuts as additional peanuts. Includes importers within the definition of "first purchaser." States that marketing assessment funds shall be used to offset the cost of the peanut price support program. (Sec. 107) Suspends specified permanent peanut program provisions. (Sec. 108) Revises producer referendum provisions. Title II: Peanut Standards - Directs the Secretary of Agriculture to provide for the warehouse inspection and grading of all peanut and peanut products sold in the United States. Requires the separation of imported and domestic peanut lots. Requires: (1) country-of-production labeling; (2) nutritional labeling; and (3)inspection and testing for grade and quality, pesticide residues, and plant diseases.
United States · United States Congress · 15 December 1995
Conservation Incentives Program Act of 1995 - Directs the Secretary of Agriculture to carry out a conservation incentives program to provide technical assistance, cost-sharing payments, and incentive payments to participating agricultural operators. Establishes a special rule and funding obligations for livestock operations. Establishes program and land priorities. Sets forth: (1) duties of the operators and of the Secretary; and (2) eligible land categories. Funds (with spending caps) such program through the Commodity Credit Corporation.
United States · United States Congress · 15 December 1995
Amends the Agricultural Act of 1949 to repeal price support authority. Amends the Commodity Credit Corporation Charter Act to repeal Commodity Credit Corporation (CCC) price support authority. Amends the Agricultural Adjustment Act of 1938 to repeal acreage allotment and marketing quota authority. Prohibits future CCC price support assistance. Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to repeal marketing order authority. Terminates existing marketing agreements and authorities. Establishes in the Treasury the Farmers Support Fund to assist producers with annual incomes of less than $30,000. Authorizes appropriations.
United States · United States Congress · 13 December 1995
Amends the Agricultural Trade Development and Assistance Act of 1954 to extend: (1) minimum assistance requirements for private and emergency, and nonemergency agricultural commodity assistance programs; (2) the food aid consultative group; and (3) program authority. Amends the Food for Progress Act of 1985 to extend the commodity assistance programs under such Act, including additional assistance for program administration. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to extend the agricultural assistance to emerging democracies program under such Act.
United States · United States Congress · 12 December 1995
TABLE OF CONTENTS: Title I: Peanut Price Support and Production Adjustment Program Title II: Peanut Standards Peanut Program Improvement Act - Title I: Peanut Price Support and Production Adjustment Program - Amends the Agricultural Adjustment Act of 1938 to extend peanut program national and farm poundage quota and acreage allotment provisions through crop year 2002. Eliminates seed and includes import considerations in national poundage quota determinations. Sets a minimum 70 percent (of quota support rate) support rate for transferred additional peanuts. (Sec. 102) Revises and extends sale, lease, or transfer of farm poundage quota provisions through crop year 2002. Authorizes acreage allotment transfers to owners or operators within any county of a State. States that fall transfers shall no affect farm quota histories nor poundage quotas. Sets forth provisions for in-State farm poundage quota sales in large-quota States (10,000 tons or greater). (Sec. 103) Extends experimental and research, and marketing penalty provisions through crop year 2002. Applies penalty provisions to reentered (after export) peanut products made from additional peanuts. (Sec. 105) Amends the Agricultural Act of 1949 to revise and extend peanut price support provisions through crop year 2002. Makes peanuts produced outside New Mexico ineligible for New Mexico pools. Revises loss provisions. Subjects imported peanuts to domestic peanut quality standards. Extends marketing assessment provisions (at 1.2 percent) through crop year 2002. Treats imported peanuts as additional peanuts. Includes importers within the definition of "first purchaser." States that marketing assessment funds shall be used to offset the cost of the peanut price support program. (Sec. 107) Suspends specified permanent peanut program provisions. Title II: Peanut Standards - Directs the Secretary of Agriculture to provide for the warehouse inspection and grading of all peanut and peanut products sold in the United States. Requires the separation of imported and domestic peanut lots. Requires: (1) country-of-production labeling; (2) nutritional labeling; and (3)inspection and testing for grade and quality, pesticide residues, and plant diseases.
United States · United States Congress · 11 December 1995
Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to subject imported tomatoes to certain domestic packing requirements.
United States · United States Congress · 7 December 1995
TABLE OF CONTENTS: Title I: Management of Grazing on Federal Land Subtitle A: General Provisions Subtitle B: Qualifications and Grazing Preferences Subtitle C: Grazing Management Subtitle D: Authorization of Grazing Use Subtitle E: Civil violations and Failures of Compliance Subtitle F: Unauthorized Grazing Use Subtitle G: Procedure Subtitle H: Advisory Committees Subtitle I: Reports Title II: Management of National Grasslands Public Rangelands Management Act of 1995 - Title I: Management of Grazing on Federal Land - Subtitle A: General Provisions - Directs the Secretary of the Interior (Secretary): (1) to establish standards and guidelines for addressing rangeland condition and trend on a State or regional level in consultation with the Resource Advisory Councils (established in section 171 of this Act) and in cooperation with the State departments of agriculture or other appropriate agencies and academic institutions in each interested State; and (2) where appropriate, to authorize and encourage the use of coordinated resource management practices. Authorizes and directs the Secretaries of the Interior and Agriculture (Secretaries), as appropriate, to enter into cooperative agreements to coordinate the associated activities of the Bureau of Land Management (BLM), the Forest Service, and the Natural Resources Conservation Service where coordinated resource management involves private land, State land, and Federal land managed by BLM or the Forest Service. (Sec. 106) Requires an authorized officer to manage livestock grazing on Federal land under the principles of multiple use and sustained yield and in accordance with applicable land use plans. Requires a land use plan, with respect to grazing administration, to: (1) consider the impacts of all multiple uses, including livestock and wildlife grazing, on the environment and condition of public rangelands and the contributions of these uses to the management, maintenance, and improvement of such rangelands; (2) establish allowable grazing use (in combination with other multiple uses), related levels of production or use to be maintained, areas of use, and resource condition goals and objectives to be obtained; and (3) set forth programs and general management practices needed to achieve the purposes of this title. Requires land use plans and amendments thereto to continue to be developed in conformance with the requirements of the National Environmental Policy Act of 1969 (NEPA). Specifies that livestock grazing activities and management actions approved by the authorized officer, including the issuance, renewal, or transfer of grazing permits or leases (permits), shall not constitute major Federal actions requiring consideration under NEPA in addition to that which is necessary to support the land use plan and amendments thereto. Subtitle B: Qualifications and Grazing Preferences - Requires a grazing permit to specify: (1) a historical grazing preference; (2) active use, based on the amount of forage available for livestock grazing established in the land use plan; (3) suspended use; and (4) voluntary and temporary nonuse. Specifies that: (1) a grazing preference identified in a grazing permit shall attach to the base property supporting the grazing permit; and (2) the animal unit months of a grazing preference shall attach to the acreage of land base property on a pro rata basis, or water base property on the basis of livestock forage production within the service area of the water. Subtitle C: Grazing Management - Directs the Secretary, if he or she elects to develop an allotment management plan for a given area, to do so in consultation, cooperation, and coordination with the lessees, permittees, and landowners involved, the resource advisory and grazing advisory councils, and any States having lands within the area to be covered by such allotment management plan. (Sec. 122) Authorizes the Secretary to enter into a cooperative agreement with a permittee or lessee (permittee) for the construction, installation, modification, maintenance, removal, or use of a permanent range improvement or development of a rangeland to achieve a management or resource condition objective. Sets forth provisions regarding: (1) cost-sharing; (2) title; (3) nonstructural range improvements; (4) incentives for investing in range improvements; (5) range improvement permits; and (5) assignment of range improvements. (Sec. 123) Requires that: (1) monitoring of a grazing allotment be performed by qualified Federal, State, or local agency personnel (personnel), qualified consultants as agreed to in an approved allotment management plan, or qualified range consultants retained by the United States (U.S. consultants); (2) inspection of a grazing allotment be performed by such personnel or U.S. consultants; (3) rangeland monitoring be conducted according to regional or State criteria and protocols that are scientifically based; and (4) criteria and protocols be developed by the Secretary in consultation with the Resource Advisory Councils and in cooperation with State departments of agriculture or other appropriate agencies and academic institutions in each interested State. Sets forth provisions regarding permittee participation in allotment monitoring, with exceptions. (Sec. 124) Prohibits any water rights on Federal land from being acquired, perfected, owned, controlled, maintained, administered, or transferred in connection with livestock grazing management other than in accordance with State law concerning the use and appropriation of water. Directs the Secretary, in managing livestock grazing on Federal land, to follow State law regarding water right ownership and appropriation. Prohibits the Secretary from imposing or requiring any transfer, restriction, or limitation on the use of any water right as a term or condition of any permit or as a requirement for approval of the transportation, storage, or conveyance of water on or across Federal land. Subtitle D: Authorization of Grazing Use - Requires a grazing permit to be issued for a 15-year term unless: (1) the land disposal is pending; (2) the land will be devoted to a public purpose that precludes grazing prior to the end of 15 years; or (3) the Secretary determines that it would be in the best interest of sound land management to specify a shorter term, if the decision to specify a shorter term is supported by appropriate and accepted resource analysis and evaluation, and a shorter term is determined to be necessary, based upon monitoring information, to achieve land management goals and objectives. Directs that a permittee holding a grazing permit be given first priority at the end of the term for renewal of the grazing permit if: (1) the land for which the grazing permit is issued remains available for domestic livestock grazing; (2) the permittee is in compliance with this title and the terms and conditions of the grazing permit; and (3) the permittee accepts the terms and conditions included by the authorized officer in the new grazing permit. (Sec. 132) Allows the Secretary to authorize subleasing of a Federal grazing permit, in whole or in part, only if the permittee is unable to make full grazing use due to ill health or death or under a cooperative agreement with a grazing permittee. (Sec. 133) Specifies that a permittee shall own or control and be responsible for the management of the livestock that graze the Federal land under a grazing permit. Prohibits an authorized officer from imposing any marking or tagging requirement beyond State law requirements. (Sec. 134) Subjects a grazing permit to such reasonable terms or conditions as may be required by this Act or as contained in an approved allotment management plan. Specifies that no term or condition of a grazing permit shall be imposed pertaining to past practice or present willingness of an applicant or permittee to relinquish control of public access to Federal land across private land. Allows an authorized officer to modify the terms and conditions of a grazing permit if monitoring data show that the grazing use is not meeting the land use plan or management objectives. (Sec. 135) Sets the fee for each animal unit month in a grazing fee year to be determined by the Secretary at an amount equal to the three-year average of the total gross value of production for beef cattle for the three years preceding the grazing fee year, multiplied by the ten-year average of the United States Treasury Securities six-month bill "new issue" rate, divided by 12. Specifies that the gross value of production for beef cattle shall be determined by the Economic Research Service of the Department of Agriculture (ERS). Sets forth provisions regarding: (1) the definition of "animal unit month"; (2) livestock not counted as an animal unit month; and (3) other fees and charges. Directs ERS to continue to compile and report the gross value of production of beef cattle on a dollars-per-bred-cow basis for the United States. Subtitle E: Civil Violations and Failures of Compliance - Establishes civil sanctions for any of the following: (1) failing to make grazing use under the terms and conditions of a grazing permit, or under a cooperative agreement; (2) placing supplemental feed on land covered by a grazing permit without authorization; (3) failing to comply with a term, condition, or stipulation of a range improvement cooperative agreement or range improvement permit; (4) entering into an unauthorized sublease; or (5) allowing unauthorized livestock or other privately owned or controlled animals to graze on or be driven across Federal land. Allows an authorized officer, in a case of a violation or failure of compliance, to: (1) withhold issuance of a grazing permit; (2) suspend the grazing use authorized under a grazing permit; or (3) cancel a grazing permit and grazing preference or other grazing authorization. Sets forth provisions regarding: (1) cancellation, suspension, or modification of grazing permits; (2) second or subsequent willful violations; (3) consideration of severity; (4) subleases; and (5) failure to make grazing use under the terms and conditions of a grazing permit or under a cooperative agreement. Subtitle F: Unauthorized Grazing Use - Allows an authorized officer to approve a nonmonetary settlement of a case of a violation upon determining that: (1) evidence shows that the unauthorized use occurred through no fault of the livestock operator; (2) the forage use is insignificant; (3) Federal land has not been damaged; and (4) nonmonetary settlement is in the best interests of the United States. (Sec. 152) Directs that any impoundment and sale of unauthorized livestock on Federal land be conducted in accordance with State law. Subtitle G: Procedure - Requires the authorized officer to: (1) serve, by certified mail or personal delivery, a proposed decision on any applicant, permittee, or lienholder, or agent thereof that is affected by a proposed action on an application for, or relating to a term or condition of, a grazing permit or range improvement permit; and (2) send copies of a proposed decision to affected interests. (Sec. 162) Sets forth provisions regarding: (1) protests of proposed decisions; (2) final decisions; and (3) appeals. Subtitle H: Advisory Committees - Directs the Secretaries of Agriculture and the Interior, in consultation with the Governors of the affected States, to establish and operate joint Resource Advisory Councils on a State or regional level to provide advice on management issues for all lands administered by BLM and the Forest Service within such area, with an exception. Sets forth provisions regarding Council duties, disregard of advice, membership, subgroups, terms, applicability of the Federal Advisory Committee Act, and other advisory councils under the Federal Land Policy Management Act of 1976 (FLPMA). (Sec. 172) Requires the Secretary, in consultation with the Governor of the affected State and with affected counties, to appoint between five and nine persons to serve on a Grazing Advisory Council for each district and each national forest within the 17 contiguous Western States having jurisdiction over more than 500,000 acres of public lands subject to commercial livestock grazing. Allows the Secretaries to establish joint Grazing Advisory Councils wherever practicable. Sets forth provisions regarding the duties of the Grazing Advisory Councils, disregard of advice, membership, and applicability of the Federal Advisory Committee Act. (Sec. 173) Defines "district" for purposes of this subtitle as a grazing district administered, or other lands within a State boundary which are eligible for grazing, under specified provisions of the Taylor Grazing Act. Sets forth provisions regarding: (1) termination of service of an advisory committee member; and (2) compensation and expense reimbursement. (Sec. 174) Repeals FLPMA provisions regarding grazing advisory boards. Subtitle I: Reports - Directs the Secretaries to submit annual reports that contain: (1) itemization of revenues received and costs incurred directly in connection with the management of grazing on Federal land; and (2) recommendations for reducing administrative costs and improving the overall efficiency of Federal rangeland management. Title II: Management of National Grasslands - National Grasslands Management Act of 1995 - Amends the Forest Rangeland Renewable Resource Planning Act of 1974 to remove the National Grasslands from the National Forest System. Directs the Secretary of Agriculture to: (1) manage the National Grasslands as a separate entity; (2) administer grazing permits and implement grazing management decisions in consultation, cooperation, and coordination with local grazing associations and other grazing permit holders; and (3) promulgate regulations to manage and protect the National Grasslands. Makes conforming amendments to the Bankhead-Jones Farm Tenant Act. Sets forth provisions regarding: (1) hunting, fishing, and recreational activities on National Grasslands; (2) valid existing rights; and (3) fees and charges.
United States · United States Congress · 7 December 1995
TABLE OF CONTENTS: Title I: Disposal of Lands in Oklahoma Title II: Washita Battlefield National Historic Site Title I: Disposal of Lands in Oklahoma - Provides for the sale of the Black Kettle and the Rita Blanca National Grasslands, Oklahoma, and certain lands surrounding Optima Lake, North Canadian River basin, Oklahoma. Grants right of first refusal to the original owners or their descendants. Directs the Secretary of Agriculture, upon request of Oklahoma, to transfer to the Oklahoma Department of Tourism and Recreation certain lands in Rogers Mills County, Oklahoma. Title II: Washita Battlefield National Historic Site - Washita Battlefield National Historic Site Act of 1995 - Establishes the Washita Battlefield National Historic Site in Oklahoma to provide for the preservation and interpretation of the Battle of the Washita. Directs the Secretary of the Interior, through the National Park Service, to consult, and authorizes cooperative agreements with, the Cheyenne-Arapaho Tribe, in developing a management plan and public educational programs. Authorizes appropriations.
United States · United States Congress · 7 December 1995
Restoration of Natural Resources Laws on the Public Lands Act of 1995 - Amends Federal law to repeal the emergency salvage timber sale program. Directs the Secretaries of Agriculture and the Interior to suspend respective activities until they have determined that any such activity complies with applicable environmental and natural resource laws.
United States · United States Congress · 6 December 1995
Eliminates racially segregationist language in the Second Morrill Act, which relates to land-grant colleges and institutions.
United States · United States Congress · 5 December 1995
Agricultural Promotion Accountability Act of 1995 - Defines a "promotion program" to mean any coordinated program of promotion, research, industry information, and consumer information funded by mandatory assessments on producers and designed to maintain and expand markets and uses for an agricultural commodity. Prohibits a board or council established by a promotion program from using any funds it collects to: (1) influence legislation or governmental action or policy (except for amendments to the promotion program); or (2) enhance the image of an industry (except for promoting a product image with the express intent of stimulating demand and sales). Regulates board or council contracts and agreements. Declares that it is the policy of the Congress that boards and councils should use competitive bidding in awarding contracts and grants. Regulates board or council membership and the use of assessed funds regarding influencing government action. Mandates an annual review of board or council arrangements with any entity that engages in activities to influence governmental action. Mandates referenda at least every five years to determine whether to approve or terminate the order under the promotion program and whether refunds should be made under the order.
United States · United States Congress · 5 December 1995
TABLE OF CONTENTS: Title I: Designation of Wilderness Areas in the King Range National Conservation Area to be Administered by the Bureau of Land Management Title II: Acquisition of Headwaters Forest Title III: Elkhorn Ridge Timber Sale Title IV: Smith River National Recreation Area Title V: Contract Out Demonstration of Resource Management Activities Title VI: Hoopa Valley Reservation Title VII: Adaptive Management of Timber Resources for Old Growth Dependent Species Title VIII: Del Norte County Unified School District Land Conveyance Northwest California Forest Health and Economic Recovery Act - Title I: Designation of Wilderness Areas in the King Range National Conservation Area to be Administered by the Bureau of Land Management - King Range Wilderness Act of 1995 - Designates specified lands in California as the King Range Wilderness. Finds and directs that: (1) all public lands in the King Range National Conservation Area managed by the Bureau of Land Management (BLM) have been adequately studied for wilderness designation pursuant to the Federal Lands Policy and Management Act of 1976; and (2) those public lands within such Area managed by BLM not designated as wilderness by this title are no longer subject to specified requirements of such Act but shall be managed for the full range of nonwilderness multiple uses. Sets forth provisions regarding: (1) administration of wilderness areas; (2) future acquisitions; and (3) disposition under mining laws. Directs the Secretary of the Interior (Secretary) to assure access to the wilderness areas by Native Americans for traditional cultural and religious purposes. Title II: Acquisition of Headwaters Forest - Headwaters Forest Acquisition and Protection Act - Directs the Secretary to: (1) acquire specified lands in Humboldt County, California (Headwaters Forest Addition) from the Pacific Lumber Company (and corporations owned and controlled by it) with the Company's consent; and (2) refrain from designating any other timberland owned by the Company in such county as critical habitat under the Endangered Species Act of 1973 (ESA) and give the Company credit for the habitat value of the Addition when issuing incidental take permits under that Act. Requires the designation of the Addition as a National Biological Diversity Reserve to be taken into account for purposes of planning for Federal lands in such county under the Forest and Rangeland Renewable Resources Planning Act of 1974 (FRRRPA) and the National Environmental Policy Act of 1969. Directs the Secretary to negotiate with the Company for a written agreement providing for the acquisition of the Addition at its appraised fair market value in exchange for certain land containing harvestable and marketable timber harvesting rights (and other property to the extent the appraised fair market value of the Headwaters Forest exceeds that of the land containing such rights). Sets forth provisions regarding: (1) the conclusive effect of the acquisition agreement; (2) the effect of failure to reach agreement; and (3) special rules applicable to the negotiation, execution, delivery, and consummation of the acquisition agreement. Sets forth provisions regarding: (1) areas of priority in determining which property and property rights to transfer to the Company under this title; (2) marketable timber harvesting rights; (3) other property; (4) a special rule for Federal transfers; and (5) payments to local governments. Designates specified lands as the Headwaters Forest Wilderness and as a National Biological Diversity Reserve. Authorizes the Secretary to: (1) accept donations of property for use in acquiring the Addition; and (2) convey such property to the owners without further appropriation and without fiscal year limitation. Authorizes appropriations. Title III: Elkhorn Ridge Timber Sale - Authorizes the Secretary, acting through BLM, to substitute, without competition, a contract for timber identified for harvest located on public lands administered by BLM in California for the terminated Elkhorn Ridge Timber Sale contract. Title IV: Smith River National Recreation Area - Sets the amount of timber offered for sale each year from the prescribed timber management area, with respect to the Smith River National Recreation Area, at between two and five million board feet. Specifies that administration of the other seven management areas of such Area in a manner consistent with the land and resource management plan for the Six Rivers National Forest (Six Rivers) shall be deemed sufficient protection of species habitat for purposes of the FRRRPA and ESA. Title V: Contract Out Demonstration of Resource Management Activities - Directs the Secretary of Agriculture to conduct a demonstration program to contract out to the private sector certain resource management activities at Six Rivers, utilizing private sector skills in communities adversely affected by reductions in the timber sale program for the National Forest System (NFS). Includes among the types of activities to be contracted out: (1) preparation of analyses required under Option 9 of the Final Supplemental Environmental Impact Statement on Management of Habitat for Late Successional and Old Growth Forests Related Species within the Range of the Northern Spotted Owl and of environmental assessments required in connection with timber sales in Six Rivers; and (2) performance of resource field work, and of forest plan implementation monitoring. Directs such Secretary to use employees of the Forest Service to conduct forest planning and set resource management outputs for Six Rivers, including timber sale levels. Sets forth provisions regarding: (1) funding; and (2) submission to the Congress of an annual report and evaluation of the program. Title VI: Hoopa Valley Reservation - Hoopa Valley Reservation South Boundary Correction Act - Directs that all rights of the United States in specified lands be held in trust by the United States for the benefit of the Hoopa Valley Tribe and be part of the Hoopa Valley Reservation. Directs the Secretary, acting through BLM, to survey and monument that portion of the boundary of the Hoopa Valley Reservation established by the addition of lands made by this title. Title VII: Adaptive Management of Timber Resources for Old Growth Dependent Species - Requires the Secretary of Agriculture to submit to the Congress and implement a research plan, including supporting environmental documents, that provides for the implementation and evaluation of controlled silvicultural treatments in late successional and old growth timber stands in specified units of the NFS (the Hayfork Adaptive Management Area of the Shasta-Trinity National Forest and the Six Rivers National Forest, and the Lower Trinity and Mad River Ranger Districts in the Six Rivers National Forest)(NFS units) for the purpose of testing the effect of selected partial-cut harvesting of late successional and old growth timber on old growth dependent species, such as the northern spotted owl. Directs the Secretary to prepare and implement such plan using the Pacific Southwest Research Branch of the Forest Service. Requires that administrative and resource management activities historically provided in the NFS units by the National Forest Systems Branch be conducted by private contractors. Directs the Secretary to: (1) select private contractors on the basis of the skills necessary to perform the anticipated task, with special consideration given to local contractors that reside in communities adversely affected by reductions in the timber sale program for the NFS; and (2) use at least 75 percent of the funds calculated based on a specified formula for payments to private contractors for planning, implementation of, and monitoring the plan. Sets forth provisions regarding: (1) the schedule for silvicultural treatments; (2) the use of receipts generated from the sale of forest products resulting from silvicultural treatments under the plan; and (3) monitoring activities. Title VIII: Del Norte County Unified School District Land Conveyance - Directs the Secretary of Agriculture to convey to the Del Norte County Unified School District of Del Norte County, California, all rights of the United States in specified property, without consideration, except as required by this title. Makes such conveyance subject to the following conditions: (1) that such School District covenant that the property conveyed will be used primarily for educational or recreational purposes for a minimum of 25 years after the date of conveyance; (2) that Del Norte County shall be provided, for no consideration, an easement for county road number 318 which crosses the Northeast corner of the property conveyed; (3) that the Pacific Power and Light Company shall be provided, for no consideration, an easement for utility equipment as necessary to maintain the level of service provided by the utility equipment on the property as of the conveyance date; and (4) that the United States shall be provided, for no consideration, an easement to provide access to the United States property that is south of the property conveyed. Requires the School District, if the covenant is breached, to pay monetary damages to the United States in an amount equal to the fair market value of the property conveyed as of the time such covenant was breached or forfeit to the United States all rights in the property conveyed. Makes such conveyance subject to such additional terms and conditions as such Secretary and the School District agree are necessary to protect U.S. interests.
United States · United States Congress · 30 November 1995
Directs the Secretary of Agriculture to make a boundary adjustment of the Hells Canyon Wilderness to exclude a specified Forest Service road (which shall continue to be part of the Hells Canyon National Recreation Area).
United States · United States Congress · 30 November 1995
Agricultural Equity Act of 1995 - Directs the Secretary of Agriculture to make price support loans and deficiency payments (excluding oilseeds) through 2002 for wheat, feed grains, rice, upland cotton, and oilseeds. Provides for increased flex acreage. Requires crop insurance as a condition of program eligibility. Directs the Secretary to review the status and future of production agriculture, including development of related legislative proposals.
United States · United States Congress · 20 November 1995
Requires the Secretary of Agriculture to release, without consideration, the Federal reversionary interest in a specified parcel of real property conveyed to the County of Iosco, Michigan, in 1960.
United States · United States Congress · 20 November 1995
Amends the Poultry Products Inspection Act to authorize States to regulate use of the term "fresh" in the labeling of poultry.
United States · United States Congress · 20 November 1995
Amends the Internal Revenue Code to provide for the nonrecognition of gain on sales of stock of a qualified refiner or processor to an eligible farmer's cooperative. Sets forth provisions concerning the determination as to whether any stock in the domestic corporation is a qualified security.
United States · United States Congress · 19 November 1995
Black Canyon National Park Complex Act of 1996 - Establishes the Black Canyon of the Gunnison National Park in Colorado. Abolishes the Black Canyon National Monument and incorporates all lands and interests therein as part of the Park. Establishes in Colorado: (1) the Gunnison Gorge National Conservation Area (conservation area); (2) the Curecanti National Recreation Area (recreation area); (3) the Denver and Rio Grande National Historic Site (consisting of the Denver and Rio Grande rolling stock and train trestle at Cimarron) and the Curecanti Archeological District located within the recreation area; and (4) the Black Canyon of the Gunnison National Park Complex (consisting of the Park, the conservation area, the recreation area, and portions of the Gunnison National Forest). Requires the Secretary of the Interior to transmit to specified congressional committees: (1) a comprehensive plan for the long-range protection and management of the conservation area; and (2) a comprehensive list of authorizing documents issued by the Bureau of Reclamation, the Bureau of Land Management, and the Forest Service for the use of lands within the recreation area. Directs the Secretaries of Agriculture and the Interior, with respect to areas within their jurisdictions, to: (1) provide for appropriate general recreation and multiple use activities, including swimming, fishing, boating, rafting, hiking, horseback riding, camping, and picnicking and, subject to valid existing rights, grazing and hay harvesting and the maintenance of roads, stock driveways, and utility rights-of-way; (2) permit limited off-road vehicle use within the recreation area; and (3) permit hunting, fishing, noncommercial taking of fresh-water crustaceans, and trapping (except that hunting and trapping are prohibited within the Park and in such zones and periods as the Secretaries may designate). Authorizes appropriations.
United States · United States Congress · 18 November 1995
TABLE OF CONTENTS: Title I: Export and Investment Assistance Title II: Bilateral Economic Assistance Title III: Military Assistance Title IV: Multilateral Economic Assistance Title V: General Provisions Title VI: Middle East Peace Facilitation Act of 1995 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 - Title I: Export and Investment Assistance - Makes appropriations for FY 1996 for: (1) direct loans, loan guarantees, tied-aid grants, insurance, and administrative expenses under Export-Import Bank programs; (2) Overseas Private Investment Corporation direct and guaranteed loans and administrative expenses; and (3) the Trade and Development Agency. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1996 for the U.S. contribution to: (1) the Agency for International Development (AID) for child survival and disease programs, specified development assistance (including for the Inter-American Foundation and development assistance for Sub-Saharan Africa), specified projects aimed at reunification of Cyprus, democracy and humanitarian activities in Burma, private and voluntary cooperative development organizations obtaining less than 20 percent of their funding for international activities from sources other than the U.S. Government, international disaster relief, emergency humanitarian assistance to the former Yugoslavia, debt restructuring, direct loans and loan guarantees for micro and small enterprise development programs, administrative expenses of the worldwide housing guarantees program, the Foreign Service Retirement and Disability Fund, operating expenses of AID and the AID Office of Inspector General, economic support fund (ESF) assistance, the International Fund for Ireland, economic assistance for Eastern Europe and the Baltic States, and assistance for the independent states of the former Soviet Union (including the establishment of a Trans-Caucasus Enterprise fund); (2) the Peace Corps (but with a prohibition on the use of such funds for abortions); (3) international narcotics control; (4) migration and refugee assistance, including refugee resettlement assistance; (5) the Emergency Refugee and Migration Assistance Fund; (6) antiterrorism assistance; and (7) the Nonproliferation and Disarmament Fund. Bars the use of development assistance funds for: (1) abortions or involuntary sterilizations; and (2) U.S. private and voluntary organizations, except those which obtain less than 20 percent of annual funding for international activities from sources other than the U.S. Government. Permits humanitarian assistance to the Government of Azerbaijan, if the President determines that nongovernmental assistance is not adequate to address the suffering of refugees and internally displaced persons. Title III: Military Assistance - Makes appropriations for FY 1996 for: (1) international military education and training, but bars such assistance to Zaire and Guatemala and allows funding to Indonesia only for expanded military education and training; (2) foreign military financing and direct loans; and (3) international peacekeeping operations. Prohibits foreign military financing for: (1) any non-NATO country participating in the Partnership for Peace Program except through the regular notification procedures of the Committees on Appropriations; and (2) Zaire, Sudan, Peru, Liberia, and Guatemala. Prohibits such assistance to Colombia or Bolivia until the Secretary of State certifies that such funds will be used primarily for counternarcotics activities there. Title IV: Multilateral Economic Assistance - Makes appropriations for FY 1996 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank); (2) International Development Association; (3) International Financial Corporation; (4)Inter-American Development Bank; (5) Enterprise for the Americas Multilateral Investment Fund; (6) Asian Development Bank; (7) Asian Development Fund; (8) European Bank for Reconstruction and Development; and (8) North American Development Bank. Makes appropriations for FY 1996 for international programs and organizations. Limits certain callable subscriptions. Sets certain restrictions on international organization funding, including prohibiting the use of funds made available to the United Nations Population Fund (UNFPA) for activities in China. Prohibits foreign assistance funds to the Korean Peninsula Energy Development Organization (KEDO) unless the President makes a certain certification to the Committees on Appropriations. Title V: General Provisions - Sets forth limits on the use of appropriations, including no more than: (1) 15 percent of such appropriations shall be obligated during the last month of availability; (2) $126,500 for official residence expenses of AID; (3) $5,000 for entertainment expenses of AID; (4) $95,000 for representation allowances for AID; (5) $2,000 for entertainment and representation allowances for the Inter-American Foundation; or (6) $4,000 for entertainment expenses for the Peace Corps. (Sec. 502) Prohibits the use of funds for: (1) bilateral funding of international financial institutions; (2) the export of nuclear equipment, fuel, or technology; (3) direct assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Serbia, Sudan, or Syria; (4) assistance to any country whose elected head of government is deposed by military coup; (5) certain transfers between appropriations accounts without consultation with Congress; (6) assistance to any country in default in excess of a year on payments on a U.S. loan (except for Nicaragua and narcotics-related assistance for Colombia, Bolivia, and Peru); and (7) assistance for certain commodities which are in surplus on world markets and could injure U.S. producers of a similar commodity, with specified exceptions. (Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity. (Sec. 516) Prohibits the use of international organization funds for the Palestine Liberation Organization (PLO), Libya, Iran, or certain Communist countries. (Sec. 517) Declares it is U.S. policy that funds allocated to Israel from the ESF shall not be less than the annual debt repayment from Israel to the United States. (Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations. (Sec. 518A) Bars the use of funds for population assistance activities for any foreign private, nongovernmental, or multilateral organization until such organization certifies that it will not perform abortions in any foreign country, except where the mother's life would be endangered if the fetus were carried to term or in cases of forcible rape or incest. Bars the use of funds for the United Nations Population Fund (UNFPA) unless the President certifies to the appropriate congressional committees that: (1) the UNFPA will terminate all family planning activities in China no later than March 1996; or (2) during the twelve months preceding such certification, there have been no abortions as a result of coercion associated with the family planning policies of the national government or other governmental entities within China. (Sec. 519) Requires the President to report to the Committees on Appropriations on annual arms sales proposals covering major weapons under the Arms Export Control Act. (Sec. 520) Prohibits the use of funds for Colombia, the Dominican Republic, Guatemala, Haiti, Indonesia, Liberia, Nicaragua, Peru, Russia, Sudan, or Zaire, except through the regular notification procedures of the Committees on Appropriations. (Sec. 522) Makes funds available to AID for family planning, health, child survival, and AIDS research and control in developing countries. (Sec. 523) Bars funding for indirect assistance to Cuba, Iraq, Libya, Iran, Syria, North Korea, or China unless the President certifies that the withholding of such funds is contrary to the national interest. (Sec. 524) Amends the Arms Export Control Act to extend the President's waiver authority with respect to reciprocal leasing through FY 1996. (Sec. 525) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries. (Sec. 527) Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each international financial institution, and the Administrator of the Agency for International Development to instruct the U.S. Executive Director of the International Fund for Agriculture Development, to oppose any bilateral assistance to any country that supports terrorism. (Sec. 528) Authorizes the commercial leasing of defense articles to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. (Sec. 529) Prohibits the sale of Stinger missiles to any country bordering the Persian Gulf. (Sec. 530) Authorizes nongovernmental organizations which are grantees or contractors of AID to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in economic activities under the Foreign Assistance Act of 1961, including endowments and debt-for-development and debt-for- nature exchanges. (Sec. 531B) Amends the Foreign Assistance Act of 1961 to make funds available for FY 1996 and FY 1997 for defense article stockpiles in the Republic of Korea and Thailand. (Sec. 532) Directs the Administrator of the AID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities. (Sec. 533) Prohibits payments to any international financial institution while the U.S. Executive Director to the institution is compensated at a rate in excess of that for a specified position under the Executive Schedule. (Sec. 534) Bars assistance to any country that is not in compliance with the United Nations sanctions against Iraq, Serbia, or Montenegro unless the President certifies to the Congress that such assistance: (1) is in the national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. Authorizes the President to prohibit the importation into the United States of any product of a foreign country that has not prohibited the importation of Iraq's, Serbia's, or Montenegro's products into its customs territory and the export of its products to such countries. (Sec. 535) Authorizes the drawdown of defense articles, services, and training to Vietnam, Cambodia, and Laos to assist in efforts to locate members of the armed forces and U.S. civilians who remain unaccounted for from the Vietnam War. (Sec. 537) Requires the Committees on Appropriations to be notified of each country that has been approved for cash flow financing for the procurement of defense articles in excess of $100 million. (Sec. 538) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Directs an agency to report to the Committees on Appropriations whenever it is conducting or proposing activities in a country for which such assistance is prohibited. (Sec. 539) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing in a foreign country an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of U.S. jobs; or (3) assistance for any project that contributes to the violation of internationally recognized workers rights in such country. (Sec. 540) Authorizes the President, pursuant to a lifting of the United Nations arms embargo against Bosnia-Herzegovina, to transfer defense articles to such country's government without reimbursement if he certifies to the Congress that the transfer of such articles would assist that nation in self-defense and promote the security and stability of the region. (Sec. 541) Declares that funds appropriated under this Act for Haiti, Afghanistan, Lebanon, and Cambodia, and for victims of war, displaced children, displaced Burmese, humanitarian assistance for Romania, and humanitarian assistance for the peoples of Bosnia-Herzegovina, Croatia, and Kosova, may be made available notwithstanding any other provision of law. Directs the President to terminate assistance to any country that the President determines is cooperating with the military activities of the Khmer Rouge. Authorizes the use of foreign assistance funds to support: (1) tropical forestry and energy programs aimed at reducing emissions of greenhouse gases; and (2) biodiversity conservation activities. Authorizes AID to employ personal services contractors to administer programs for the West Bank and Gaza. (Sec. 542) Expresses the sense of the Congress with respect to steps the President should take to encourage renunciation of the Arab boycott of Israel. (Sec. 543) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America and the Caribbean. (Sec. 544) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act shall not be construed to restrict assistance in support of programs of nongovernmental organizations as long as it is in the national interest of the United States. (Sec. 546) Authorizes for FY 1996 the provision of nonlethal excess defense articles, without regard to certain restrictions, to countries for which U.S. foreign assistance has been requested and for which receipt of such articles was separately justified for the fiscal year. (Sec. 547) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. (Sec. 548) Sets forth Buy American requirements. (Sec. 549) Prohibits the use of funds to pay any assessments, arrearages, or dues of any U.N. member. (Sec. 551) Prohibits the provision of funds to a private voluntary organization that fails to provide any document, file, or record necessary to the auditing requirements of AID. (Sec. 552) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary of State has determined has a terrorist government, unless the President determines that the furnishing of such assistance is in the national interest. (Sec. 553) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia. (Sec. 554) Prohibits the obligation of any appropriations for the PLO for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO. (Sec. 556) Permits the President to provide a specified amount of commodities and services to the U.N. War Crimes Tribunal if doing so will contribute to a resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. (Sec. 557) Authorizes the use of funds made available to DOD for crating, packing, handling, and transportation of nonlethal excess defense articles transferred to countries eligible to participate in the Partnership for Peace and to receive assistance under the Program of Support for East European Democracy (SEED). (Sec. 558) Authorizes demining equipment used in support of the clearing of landmines for humanitarian purposes to be disposed of on a grant basis in foreign countries. (Sec. 559) Amends provisions of the Foreign Assistance Act of 1961, with respect to nuclear non-proliferation conditions on assistance to Pakistan, to prohibit military assistance equipment or technology to be furnished to Pakistan unless there is certification that Pakistan does not possess a nuclear explosive device, except for any assistance or transfer provided for: (1) international narcotics control; (2) facilitating military-to-military contact, humanitarian, and civic projects; (3) peacekeeping and other multilateral operations, except for lethal military equipment provided on a lease or loan basis only; and (4) antiterrorism assistance or any provision of law available for antiterrorism assistance. Maintains restrictions on contracts for the delivery of F-16 aircraft to Pakistan. Allows military equipment, technology, and defense services, except for F-16 aircraft, to be transferred to Pakistan with respect to contracts entered into before October 1, 1990. (Sec. 560) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. (Sec. 561) Prohibits certain funds appropriated for Informational Program activities from being obligated to pay for: (1) alcoholic beverages; (2) food (other than food provided at a military installation) not provided in conjunction with Program trips where students do not stay at a military installation; or (3) entertainment expenses. (Sec. 562) Prohibits the use of funds for assistance in support of any country that restricts transport or delivery of U.S. humanitarian assistance, except in the national security interest of the United States. (Sec. 563) Directs the President to withhold funds made available under this Act equal to the sum of assistance and credits, if any, provided by a foreign, country, or any entity in that country, in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba, with specified exceptions. (Sec. 564) Bars funding to Haiti if the Government of Haiti is controlled by a regime holding power through means other than the democratic elections to be held in 1995. (Sec. 566) Limits ESF assistance to Turkey. (Sec. 566A) Limits the use of funds for the North American Development Bank only for purposes set out in the binational agreement establishing the bank. (Sec. 567) Bars the use of funds for International Narcotics Control or Crop Substitution in Burma. (Sec. 568) Authorizes the Secretary of the Treasury to subscribe to an increase in the authorized capital stock of the Asian Development Bank (the fourth general capital increase). Authorizes appropriations. (Sec. 569) Authorizes appropriations for the International Development Association (the tenth replenishment). (Sec. 570) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; or (2) credits extended or guarantees issued under the Arms Export Control Act. Permits such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association, but not from the International Bank for Reconstruction and Development (IDA-only countries). Prescribes additional conditions for the exercise of such authority. (Sec. 572) Authorizes the President to direct the drawdown for Jordan of defense articles and services from DOD, and military education and training up to a specified dollar amount provided certain conditions are met. (Sec. 576) Amends the United States-Hong Kong Policy Act of 1992 to require that an additional report be made in 1996 respecting conditions in Hong Kong of interest to the United States and directs that such report include detailed information on the status of, and other developments affecting, implementation of the Sino-British Joint Declaration on the Question of Hong Kong, including the: (1) Basic Law and its consistency with the Joint Declaration; (2) openness and fairness of elections to the legislature; (3) openness and fairness of election of the chief executive and the executive's accountability to the legislature; (4) treatment of political parties; (5) independence of the judiciary and its ability to exercise the power of final judgement over Hong Kong; (6) Bill of Rights. (Sec. 579) Amends the Import-Export Bank Act of 1945 to extend funding for the Tied-Aid Credit Program through FY 1997. Authorizes appropriations to the Tied-Aid Credit Fund for FY 1996 and 1997. (Sec. 581) Amends the Eisenhower Exchange Fellowship Act of 1990 to extend the Au Pair Program. (Sec. 583) Bars assistance to Haiti until the President reports to the Congress that: (1) the Haitian Government is conducting thorough investigations of extrajudicial and political killings; and (2) the Government is cooperating with the United States authorities in the investigations of such killings. Excludes from the limitation provision of humanitarian or electoral assistance. Permits the President to waive the requirements of the limitation if he determines and certifies to the appropriate congressional committees that the waiver is: (1) in the national interest; or (2) necessary to assure the safe and timely withdrawal of American forces from Haiti. (Sec. 584) Prescribes that funding for activities in the internationally-recognized borders of Bosnia and Herzegovina, other than refugee and disaster assistance and assistance for the restoration of infrastructure, including power grids, water supplies and natural gas, be limited only to activities in the territory of the Bosniac-Croat Federation. (Sec. 585) Amends the NATO Participation Act of 1994 to authorize the President to: (1) evaluate the degree to which any country emerging from communist domination which has expressed interest in joining NATO meets the specified criteria; and (2) to designate one or more of these countries as eligible to receive assistance under the program to facilitate an eligible country's transition to NATO membership. Permits the President at any time to designate other such European countries for assistance under the program and, at the time of designation, to determine and report to the House Committees on International Relations and Appropriations and the Senate Committees on Foreign Relations and Appropriations that each country so designated meets the criteria. Title VI: Middle East Peace Facilitation Act of 1995 - Middle East Peace Facilitation Act of 1995 - Declares the sense of the Congress specifying additional steps the PLO must take to demonstrate an irrevocable denunciation of terrorism and ensure a peaceful settlement of the Middle East dispute. (Sec. 604) Authorizes the President to suspend specified provisions of law which prohibit the U.S. share of foreign and United Nations assistance to the PLO, the receipt or expenditure of PLO funds, and PLO membership in the International Monetary Fund, upon certification to specified congressional committees that: (1) such waiver is in the national interest; (2) the PLO continues to abide by commitments made in letters to Israel and the Foreign Minister of Norway and under the Declaration of Principles signed in September 1993; and (3) specified funds provided under this Act and other Acts have been used for the purposes for which they were intended. Makes such suspensions effective for up to six months.
United States · United States Congress · 17 November 1995
Occupational Safety and Health Reform and Reinvention Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. (Sec. 3) Revises inspection provisions. Prohibits routine inspections of employers of ten or fewer employees if such employers: (1) are farming operations which do not maintain a temporary labor camp; or (2) are in a category of employers having an occupational injury or a lost workday case rate which is less than the national average. Grants the Secretary of Labor specified types of discretionary authority in determining which employee complaints must receive special inspection responses. (Sec. 4) Directs the Secretary to establish a voluntary compliance program granting partial exemption from certain OSHA safety and health inspections and investigations for employers who either retain certain consultation or certification programs, or have an exemplary safety record and a safety and health program meeting specified criteria, including having an employee participation program. (Sec. 5) Adds employer defenses of employee misconduct or alternative safer methods. (Sec. 6) Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 7) Provides for warnings in lieu of citations. (Sec. 8) Reduces penalties for nonserious violations and where there are mitigating circumstances. Directs the Occupational Safety and Health Review Commission to assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors. Provides for various reductions of penalties for voluntary compliance program participants or exemplary safe worksites under certain conditions. (Sec. 9) Directs the Secretary to enter into cooperative agreements with States for the provision of State consultation services to employers concerning the provision of safe and healthful working conditions. Makes a State eligible to enter into such an agreement only if its approved plan does not include provisions for federally funded consultation to employers. Requires that at least 15 percent of the annual appropriation to carry out OSHA be expended for education, consultation, and outreach efforts. (Sec. 10) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems which include specified required features; and (2) a voluntary protection program, also with specified required features, to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards.
United States · United States Congress · 16 November 1995
NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), further negotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to. Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1996. Requires the President to renegotiate the terms of NAFTA to correct trade deficits, currency distortions, and agricultural provisions in specified ways. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) gains in U.S. jobs and living standards (by the Secretary of Labor); (2) increased U.S. domestic manufacturing (by the Secretary of Commerce); (3) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (4) flow of illegal drugs from Mexico and Canada (by the Attorney General); and (5) Mexican democracy and human freedoms (by the President). Directs the President to consult regularly with the Congress regarding such negotiations. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act. Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion.
United States · United States Congress · 16 November 1995
Tobacco Amendments Act of 1995 - Amends the Agricultural Act of 1949 to extend tobacco marketing assessment authority. States that such fees shall be used to pay for other tobacco programs not covered by user fees or other specified assessments or contributions. (Sec. 3) Amends the Agricultural Adjustment Act of 1938 to revise farm acreage allotment and marketing quota reduction provisions. (Sec. 4) Makes a specified farm reconstitution provision applicable to burley (burley) tobacco. (Sec. 5) Reduces a certain percentage threshold regarding disaster-transfer of flue-cured (flue-cured) tobacco quotas. (Sec. 6) Amends the Agricultural Act of 1949 to expand the tobacco types subject to no net cost assessment. (Sec. 7) Amends the Tobacco Adjustment Act of 1938 to repeal certain tobacco export reporting requirements. (Sec. 8) Amends the Agricultural Adjustment Act of 1938 to repeal certain flue-cured and burley marketing quota reduction provisions. (Sec. 9) Amends the Tobacco Inspection Act to provide for civil penalties and cease and desist orders for violations of such Act. Grants U.S. district courts jurisdiction in such matters. (Sec 10.) Amends the Agricultural Adjustment Act of 1938 to permit flue-cured or other tobacco quota or allotment transfers across within-State county lines if approved by producer referendum. Eliminates certain burley quota transfer provisions for Tennessee and Virginia. (Sec. 11) Eliminates certain tobacco exports from flue- cured and burley national marketing quota calculations. (Sec. 12) Revises certain burley marketing quota lease and transfer provisions. (Sec. 14) Increases maximum acreage transfers. (Sec. 15) States that performance rendered in good faith reliance upon Department of Agriculture advice or actions may be accepted as meeting appropriate marketing quota requirements. (Sec. 16) Harmonizes certain flue-cured and burley sales dates. (Sec. 17) Authorizes a recent farm purchaser to sell burley or flue-cured marketing quotas within one year of such purchase.
United States · United States Congress · 16 November 1995
Amends the Agricultural Act of 1949 to authorize an additional assessment on raw cane sugar and sugarcane molasses produced in the Everglades Agricultural Area of Florida. Establishes an Everglades Agricultural Area Account. Directs the Secretary of Agriculture to use Account funds to make grants to the South Florida Water Management District or other appropriate public entity to purchase and make water storage improvements to agricultural lands in the Area for use in Everglades restoration.
United States · United States Congress · 16 November 1995
NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), further negotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to. Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1996. Requires the President to renegotiate the terms of NAFTA to correct trade deficits, currency distortions, and agricultural provisions in specified ways. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) gains in U.S. jobs and living standards (by the Secretary of Labor); (2) increased U.S. domestic manufacturing (by the Secretary of Commerce); (3) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (4) flow of illegal drugs from Mexico and Canada (by the Attorney General); and (5) Mexican democracy and human freedoms (by the President). Directs the President to consult regularly with the Congress regarding such negotiations. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act. Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion.
United States · United States Congress · 9 November 1995
Energy Crop Production Act of 1995 - Amends the Food Security Act of 1985 and the Agricultural Act of 1949 to permit harvesting of crops on conservation reserve and conservation use lands that may be used to generate electric power or other energy products("energy crops").
United States · United States Congress · 9 November 1995
Imported Food Labeling Act of 1995 - Requires country of origin labeling of perishable agricultural commodities imported into the United States. Establishes criminal fines for violations of such provision.
United States · United States Congress · 8 November 1995
Amends the Agricultural Act of 1949 to establish milk price support provisions for calendar years 1996 through 2002. Mandates establishment of a special milk marketing order to equalize returns on all milk used in the 48 contiguous States to produce Class IV final products (butter, nonfat dry milk, and dry whole milk) among all milk marketed by producers for commercial use in those States. Amends the Food Security Act of 1985 to extend the termination date of the dairy products export incentive program (renaming it as the exporter bid program). Establishes a dairy products export incentive program (the price equalization program), requiring it to provide for payments by the Commodity Credit Corporation to the Administrator of the Class IV account established under the Agricultural Reconciliation Act of 1995. Mandates inviting proposals and conducting expedited hearings on consolidating and reforming Federal milk marketing orders issued under specified provisions of the Agricultural Marketing Agreement Act of 1937, including considering how all milk shall be regulated under Federal or State order, with manufacturing grade producers receiving pool proceeds from Class III and Class IV sales only. Declares that it is the sense of the Congress that Federal milk marketing orders in operation under the Agricultural Adjustment Act should be consolidated to between 8 and 14 orders.
United States · United States Congress · 7 November 1995
Popcorn Promotion, Research, and Consumer Information Act - Directs the Secretary of Agriculture to issue an order to finance and implement a program of popcorn research, promotion, market development, and consumer information. Requires: (1) such order to establish a Popcorn Board; and (2) producer referenda. Authorizes appropriations.
United States · United States Congress · 7 November 1995
TABLE OF CONTENTS: Subtitle A: Agricultural Credit Chapter 1: Amendments to the Consolidated Farm and Rural Development Act Chapter 2: Amendments to the Farm Credit Act of 1971 Subtitle B: Rural Development Farm Credit and Rural Development Reform Act of 1995 - Subtitle A: Agricultural Credit - Chapter 1: Amendments to the Consolidated Farm and Rural Development Act - Revises provisions of the Consolidated Farm and Rural Development Act (the Act) regarding eligibility for real estate loans. Authorizes the Secretary of Agriculture to make such loans to any eligible applicant (i.e., any applying individual who is a United States citizen, has training or farming experience that the Secretary determines is sufficient to assure reasonable prospects of success in the proposed farming operation, is or will become an owner-operator of a not larger than family farm in the United States, and is unable to obtain sufficient credit elsewhere to finance farming operation needs at reasonable rates and terms). Specifies that an applicant other than an individual is eligible if: (1) the applicant is controlled by farmers and ranchers, is engaged primarily and directly in farming or ranching in the United States, is or will become an owner-operator of a not larger than family farm, and is unable to obtain sufficient credit elsewhere to finance farming operation needs at reasonable rates and terms; and (2) each individual who has greater than a five percent ownership interest in the applicant meets the eligibility requirements for individuals. Eliminates loans for recreational uses and facilities. Limits refinancing of existing indebtedness to the refinancing of loans related to farming, ranching, or aquaculture operations which significantly enhances the likelihood of repayment. Makes analogous revisions with respect to operating loans. Eliminates loans for Occupational Health and Safety Administration compliance. Makes analogous revisions regarding emergency loans, but also requires that the Secretary find that the farming, ranching, or aquaculture operations of the applicant have been substantially affected by a natural disaster or a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act. (Sec. 103) Eliminates: (1) ownership loans for the acquisition, installation, or modification of qualified non-fossil energy systems and for the construction of conservation structures or non-income-producing conservation practices; (2) operating loans for the development and construction of solar energy systems; and (3) authority to acquire easements for conservation, recreational, or wildlife purposes. (Sec. 104) Expands authority to require additional collateral to secure a farmer program loan. Links emergency loans for crop or livestock changes to natural disasters. Establishes a date certain for emergency loan asset valuation. Modifies provisions regarding a loan moratorium and policy on foreclosures. Authorizes the Secretary, at the request of the borrower, to permit the deferral of principal only on an outstanding loan made, insured, or held by the Secretary under the Act or under any other law administered by the Consolidated Farm Services Agency and to forego foreclosure on any such loan for such period as the Secretary deems necessary upon a showing by the borrower that: (1) due to circumstances beyond the borrower's control that could not have been anticipated, the borrower is temporarily unable to continue making payments of such principal when due without using funds needed to provide for basic family needs; and (2) the borrower has the ability to continue making interest payments on such loan when due throughout the anticipated deferral period. Eliminates: (1) notification of loan servicing programs; (2) the sales restrictions on inventory property; and (3) debt restructuring and loan servicing provisions. Provides for an annual review of the credit history, business operation, and continued eligibility of a borrower. Directs the Secretary to develop a consolidated short form for farm program borrowers to use in certifying compliance with all applicable statutes and regulations which serve as eligibility prerequisites for loans. Prohibits the Secretary from making loans to an applicant who has defaulted on a loan made or insured under the Act, who has had the principal or interest on a loan deferred, or who has had a loan restructured or serviced, unless the default, deferral, restructuring, or servicing resulted from circumstances that were beyond the control of the applicant and that could not have been reasonably anticipated by the applicant. (Sec. 105) Revises Act provisions regarding loan purposes to require the Secretary to reserve a portion of a loan to be placed in a nonsupervised bank account which may be used at the discretion of the borrower for basic family needs. Limits the size of any such reserve to the least of $5,000 or the percent of the loan or the amount needed to provide for basic family needs for three calendar months. Reduces the limit on emergency loans. Eliminates authority to waive application of the credit-elsewhere test. (Sec. 106) Provides that the guarantee for a loan made to a beginning farmer shall be for the payment of 98 percent of loan principal and interest. Establishes a six percent maximum interest rate reduction for beginning farmers. Eliminates the down payment loan program, limitations on the availability of farm ownership loans and loan guarantees, and the special assistance program. (Sec. 107) Repeals provisions of the Act regarding target participation rates. (Sec. 108) Modifies requirements regarding special conditions and limitations on loans to direct the Secretary to require borrowers to furnish an appropriate written financial statement. Extends certain veterans preference to veterans of the Gulf War. Repeals: (1) requirements that the Secretary testify and report on a budget request and develop and report on long-term cost projections for loan program authorizations; and (2) specified authority of the Secretary under the Act to insure loans. Chapter 2: Amendments to the Farm Credit Act of 1971 - Amends the Farm Credit Act of 1971 to repeal requirements relating to review of decisions to deny or reduce the amount of a loan under such Act. (Sec. 153) Prohibits restructuring of restructured loans or loans involved in bankruptcy proceedings. Modifies provisions regarding the restructuring of distressed loans to: (1) repeal certain reporting requirements to the Farm Credit Administration; and (2) require the board of directors of each qualified lender, within 60 days, to develop a policy to govern such restructuring, including an explanation of the procedure for submitting an application for restructuring. (Sec. 154) Repeals: (1) rules governing the effect of restructuring on borrower stock and review of restructuring denials; and (2) certain requirements relating to loans placed in nonaccrual status. (Sec. 157) Revises right of first refusal provisions to subject agricultural real estate acquired by an institution of the Farm Credit System as a result of a loan foreclosure or a voluntary conveyance by a borrower (previous owner) who does not have the financial resources to avoid foreclosure to the right of first refusal of the previous owner to repurchase (currently, repurchase or lease) the property. Requires the institution to notify the previous owner by certified mail of specified rights within 15 days after the institution first elects to sell any portion of acquired real estate by private sale. Specifies that: (1) "previous owner" does not include a mortgagor or grantor of an equivalent lien interest in agricultural real estate unless such person is also a borrower in the transaction; (2) the right of first refusal is personal to, and not assignable by, the previous owner; and (3) a borrower is not precluded from voluntarily waiving such right in connection with a voluntary conveyance of agricultural real estate in lieu of foreclosure. Subtitle B: Rural Development - Amends the Rural Development Act of 1972 to entitle each eligible State and territory to receive from the Secretary for each fiscal year a grant in specified amounts for rural development. Establishes a schedule of payments. Authorizes appropriations. Grants a jurisdiction to which funds are provided sole discretion to determine how such funds are expended and to which entities such funds are provided. Sets forth requirements with respect to the operation and administration of State rural development revolving funds. Directs the Rural Economic and Community Development Director of a jurisdiction to which a payment is made to review and monitor jurisdiction compliance with program requirements. Establishes procedures for implementation of enforcement recommendations and for the imposition of penalties. (Sec. 202) Eliminates other specified rural development programs under: (1) the Act; (2) the Food, Agriculture, Conservation, and Trade Act of 1990, including the Indian Subsistence Farming Demonstration Grant Program; (3) the Human Services Reauthorization Act of 1986 (Intermediary Relending Program); (4) the Food Security Act of 1985; (5) the Rural Development Act; and (6) the Rural Electrification Act of 1936. (Sec. 203) Makes conforming amendments to various statutes, including: (1) the Department of Agriculture Reorganization Act of 1994; (2) the North American Free Trade Agreement Implementation Act; (3) the Food, Agriculture, Conservation, and Trade Act; (4) the Cooperative Forestry Assistance Act of 1978; (5) the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (6) the Community Economic Development Act of 1981; (7) the Agricultural Act of 1970; and (8) the Rural Electrification Act.
United States · United States Congress · 2 November 1995
Amends the Soybean Promotion, Research, and Consumer Information Act to: (1) provide for certain soybean producer assessment refunds; (2) require a referendum on termination of the research and promotion order; and (3) require a simple majority for additional referendum requests.
United States · United States Congress · 2 November 1995
Amends the Agricultural Act of 1949 to authorize an additional assessment on raw sugar cane produced in the Everglades Agricultural Area of Florida. Establishes an Everglades Agricultural Area Account in the Commodity Credit Corporation. Directs the Secretary of Agriculture to transfer Account funds to the South Florida Water Management District or other appropriate public entity to purchase agricultural lands in the Area.
United States · United States Congress · 1 November 1995
Amends Federal law to revise provisions concerning rules and regulations promulgated by the Secretary of Agriculture with respect to the use of motorized and nonmotorized river craft on the Snake River within the Hells Canyon National Recreation Area in Oregon and Idaho to: (1) permit such river craft access to, and use of, the entire River within the Area at all times during the year; (2) provide that concurrent use by motorized and nonmotorized river craft shall not be considered a conflict; (3) allow use of the commercial and private river craft to continue throughout each year at levels not less than those occurring in an average of the three calendar years preceding the enactment of this Act and in daily and seasonal use patterns similar to those experienced in those years; and (4) allow owners of private property to use such river craft on the River within the Area for traveling purposes to or from their property in their usual and accustomed manner.
United States · United States Congress · 1 November 1995
Amends the Agricultural Act of 1949 to authorize an additional assessment on raw sugar cane produced in the Everglades Agricultural Area of Florida. Establishes an Everglades Agricultural Area Account in the Commodity Credit Corporation. Directs the Secretary of Agriculture to transfer Account funds to the South Florida Water Management District or other appropriate public entity to purchase agricultural lands in the Area.
United States · United States Congress · 1 November 1995
Agricultural Resources Enhancement Act of 1995 - Amends the Food Security Act of 1985 (the Act) to define: (1) "alternative conservation system" as one that achieves a substantial reduction in soil erosion; (2) "conservation system" to mean the conservation measures and practices that are approved for application by a producer to a highly erodible field that provide for cost effective and practical erosion reduction based on local resource conditions and standards contained in the Natural Resources Conservation Service field office technical guide (technical guide); and (3) "frequently cropped agricultural land" to mean agricultural land that exhibits wetland characteristics and that has been used for six of the ten years prior to January 1, 1996, for agricultural production or production of an annual or perennial agricultural crop, an aquaculture product, a nursery product, or a wetland crop. Specifies that a designation of highly erodible land on agricultural land shall be valid until an owner or operator requests a new designation. Directs the Secretary of Agriculture (the Secretary) to provide the designation on the request of the owner or operator. Allows a designation of highly erodible land to be based on the most contemporary science, method, or technology, as determined by the Secretary, for determining soil erodibility that accurately reflects the potential for soil loss. (Sec. 4) Revises provisions of the Act regarding the highly erodible land conservation program to provide that (with exceptions) any participant in an annual program under the Agricultural Act of 1949 after January 1, 1996, who in any crop year after that date produces an agricultural commodity on a field on which highly erodible land is predominate, shall be in violation of such provisions and ineligible for loans or payments in an amount proportionate to the severity of the violation, taking into account the intent of the person and the frequency of the violations. Sets forth or revises provisions regarding: (1) ineligibility for specified loans and payments because of violations; (2) exemptions; (3) the effect on a landlord of ineligibility of a tenant or sharecropper for benefits; (4) a good faith exemption; and (5) failure to apply a conservation plan. Requires the Secretary to ensure that the standards and guidelines contained in a local technical guide applicable to a required conservation plan: (1) allow a person to use an alternative conservation system as a means of meeting the requirements and achieving the goals of the Act with respect to a highly erodible field that has been used in the production of an agricultural commodity after December 23, 1985; and (2) provide for conservation measures and practices that are cost-effective and technically and economically feasible based on local resource conditions and available conservation technology and that do not cause undue economic hardship to the person applying the plan or system. Sets forth provisions regarding: (1) erosion measurement; (2) crop residue measurements; (3) revisions of conservation plans and systems and updating of local technical guides; (4) technical assistance; (5) violations; (6) expedited variances; and (7) persons affiliated with those affected by a reduction in benefits due to violations. (Sec. 5) Revises provisions of the Act regarding wetland conservation to provide that (with exceptions) any person who participates in an annual program under the Agricultural Act of 1949 after January 1, 1996, who in any crop year after that date produces an agricultural commodity on converted wetland shall be in violation of such provisions and ineligible for loans or payments in an amount proportionate to the severity of the violation. Sets forth or revises provisions regarding ineligibility for loans and payments, delineation of wetland and exemptions (including a requirement that the Secretary establish a pilot program for mitigation banking of wetlands to assist owners and operators in complying with wetland conservation requirements), consultation with the Secretary of the Interior, and the effect of a reduction in benefits due to violations on affiliated persons. Amends the Consolidated Farm and Rural Development Act to bar the Secretary from placing a permanent wetland conservation or floodplain easement on any farm property after January 1, 1996. Amends the Federal Water Pollution Control Act to: (1) define "agricultural land" to mean cropland, pasture land, native pasture, rangeland, an orchard, a vineyard, an area that supports a wetland crop, and any other land that is used to produce or support the production of an annual or perennial agricultural crop, an aquaculture product, a nursery product, or a wetland crop; and (2) direct the Secretary to make all determinations concerning the presence of a wetland on agricultural land, the discharge or dredge of fill material from normal farming and ranching activities, and normal farming and ranching practices on agricultural land as provided in provisions permitting the discharge of dredged or fill material from normal farming, silviculture, and ranching activities. (Sec. 6) Revises provisions of the Act to direct the Secretary, during calendar years 1996 through 2002, to establish an environmental conservation acreage reserve program (ECARP) to be implemented through contracts and the acquisition of easements to assist owners and operators of farms and ranches to conserve and enhance soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat. Directs the Secretary to carry out ECARP by providing: (1) for the long-term protection of environmentally sensitive land; and (2) technical and financial assistance to farmers and ranchers to improve the management and operation of the farms and ranches and to reconcile productivity and profitability with protection and enhancement of the environment. Specifies that ECARP shall consist of the conservation reserve, wetlands, reserve, and environmental quality incentive programs. Directs the Secretary to designate watersheds or regions of special environmental sensitivity, including the Chesapeake Bay, Great Lakes, and Long Island Sound regions, as conservation priority areas eligible for enhanced assistance, subject to specified procedures and requirements. (Sec. 7) Revises provisions regarding the purpose and goals of the Act, including specifying that the goals of the conservation reserve program shall be to idle land only on a voluntary basis, conserve the environment, ensure respect for private property rights, and enhance wildlife and wildlife habitat. Modifies Act provisions regarding: (1) eligible lands; (2) enrollment priorities; (3) priority functions; (4) duration of contracts; (5) incidental grazing; (6) determination of annual rental payments to be paid to owners and operators for converting eligible cropland normally devoted to the production of an agricultural commodity to a less intensive use; and (7) ownership and operation requirements. Directs the Secretary, regarding such priority functions, to: (1) enroll in the conservation reserve program at least 1.5 million acres of cropland or pasture land that are contiguous or proximate to permanent bodies of water, tributaries or smaller streams, or intermittent streams that the Secretary determines significantly contribute to downstream water quality degradation; (2) accept offers to enroll up to 1.5 million acres of frequently cropped agricultural land; (3) accept offers to enroll a field containing highly erodible land if specified conditions are met; and (4) ensure that such offers to enroll acreage are accepted so as to maximize wildlife habitat benefits. (Sec. 8) Revises the purposes of the Act to include protecting wetlands for purposes of enhancing water quality and providing wildlife benefits while recognizing landowner rights. Modifies Act provisions regarding: (1) minimum enrollment (provides for enrollment in the wetlands reserve program of not more than 975,000 acres during calendar years 1991 through 2002); (2) eligibility; (3) other eligible lands; (4) easements (specifies that the development of a restoration plan, including any compatible use, shall be made through the local Natural Resources Conservation Service representative in consultation with the State technical committee); and (5) duties of the Secretary regarding easement priorities. (Sec. 9) Revises Act provisions regarding the use of the Commodity Credit Corporation (CCC) to direct the Secretary to use CCC funds, for each of FY 1996 through 2002, to carry out specified programs. Sets forth provisions regarding advance appropriations to the CCC. Makes specified funds available for the environmental quality incentives, wetland reserve, and conservation reserve programs. Sets forth provisions regarding conservation plans, acreage limitations, and tenant protection. (Sec. 11) Encourages the Secretary to promote wildlife benefits to the extent practicable and to the extent that the action does not conflict with the requirements or purposes of the programs.
United States · United States Congress · 1 November 1995
Cooperator Program Act of 1995 - Amends the Agricultural Trade Act of 1978 to require the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for U.S. agricultural commodities and products. Directs that such program be carried out through multiyear contracts or agreements between the Secretary and ETOs under which cost sharing assistance shall be provided by the Secretary to the ETOs as cooperators for the conduct of foreign market development activities, and to third party cooperators, under specified annual marketing plans. Sets forth provisions regarding: (1) eligibility requirements; and (2) criteria for contract approval. Requires an ETO participating in the program to provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of U.S. agricultural commodities and products through trade servicing, technical assistance, and consumer education. Sets forth specific goals, such as to increase foreign consumer and commercial use of, develop long-term foreign demand for, and help overcome constraints to U.S. exports of, the commodity or product. Requires: (1) a participating ETO to coordinate its activities with those of the Foreign Agricultural Service (FAS) which shall assist ETOs in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for U.S. agricultural commodities and products; and (2) an ETO to consult with the FAS to ensure that the ETO's annual marketing plan is consistent with and complements the FAS's foreign market development activities. Sets forth provisions regarding: (1) annual marketing plans; (2) oversight; and (3) cooperator organizations. Authorizes appropriations.
United States · United States Congress · 1 November 1995
Amends Federal law to revise provisions concerning rules and regulations promulgated by the Secretary of Agriculture with respect to the use of motorized and nonmotorized river craft on the Snake River within the Hells Canyon National Recreation Area in Oregon and Idaho to: (1) permit such river craft access to, and use of, the entire River within the Area at all times during the year; (2) provide that concurrent use by motorized and nonmotorized river craft shall not be considered a conflict; (3) allow use of the commercial and private river craft to continue throughout each year at levels not less than those occurring in an average of the three calendar years preceding the enactment of this Act and in daily and seasonal use patterns similar to those experienced in those years; and (4) allow owners of private property to use such river craft on the River within the Area for traveling purposes to or from their property in their usual and accustomed manner.
United States · United States Congress · 31 October 1995
Snowbasin Land Exchange Act of 1995 - Requires the Secretary of Agriculture, subject to specified terms and conditions, to transfer certain lands within the Cache National Forest in Utah to the Sun Valley Company in exchange for specified Company lands of approximate equal value to be added to and made a part of the National Forest System and to be administered and managed by the Secretary. Requires the Secretary to implement the Phase I Master Development Plan for the Snowbasin Ski Area dated November 14, 1995. Permits modification of such Plan at any time after such date and by mutual agreement of the Secretary and the Company. Requires the Secretary to report to specified congressional committees that implementation of the Master Development Plan provides sufficient environmental protection.
United States · United States Congress · 30 October 1995
Agricultural Contract Sanctity Act of 1995 - Amends the Agricultural Trade Act of 1978 to: (1) eliminate certain agricultural export sales reporting requirements; and (2) prohibit the President from taking actions to curtail or prohibit agricultural exports without majority approval of the Senate and the House of Representatives. Provides fast track referral and procedures for any related bill to disapprove or modify a proposed curtailment or modification.
United States · United States Congress · 27 October 1995
Farm Fairness Act of 1995 - Amends the Food Security Act of 1985 to establish a $35,000 annual agricultural commodity program payment limit (exclusive of conservation payments). Applies such limit directly to a person based upon percentage of ownership in any related entity. Subjects general partnerships and joint ventures to such limit. Attributes payments to an entity to the owning person or persons (elimination of three entity rule). Revises "actively engaged in farming" eligibility provisions. Increases program ineligibility penalties for scheme or device violations.
United States · United States Congress · 26 October 1995
Endangered Species Conservation Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise the findings, purposes, and policy of the Act. Declares it to be congressional policy to conserve endangered and threatened species and to equally consider the conservation of listed species, preservation of economic growth, maintenance of a strong tax base, and protection against the diminishment of the use and value of private property. (Sec. 3) Revises definitions under the Act, including the definition of: (1) "critical habitat" to mean the specific areas within the geographic area occupied by an endangered or threatened species, at the time the species is listed, that contain such physical or biological features as are essential to the conservation of the species and the persistence of the species for at least seven human generations (with "human generation" meaning 20 years) and as may require special management considerations or protection; and (2) "endangered species" to mean any species that, if no action were taken under the Act, would be placed on an irreversible course to extinction within two human generations, with exceptions. (Sec. 4) Modifies provisions regarding the determination of an endangered or threatened species to require the Secretary of the Interior (Secretary) to: (1) make such determination on the basis of the best scientific and commercial data available after requesting the Endangered Species Commission (established under this Act) to conduct a scientific review; and (2) give priority to species the conservation of which is most likely to reduce the need to list other species dependent on the same habitat, and consideration to species identified as a known source of pharmaceutical or agricultural biochemicals. Requires the Secretary to designate, and make revisions regarding, critical habitat on the basis of the best new scientific data available. Specifies that: (1) the information shall include data documenting the biological vulnerability of, and threats to, the species or habitat of the species; and (2) failure to so document the information shall result in a presumption that the petition is inadequate. Directs the Secretary, if such a petition is found to present the information, to: (1) provide a copy of the petition to the State having jurisdiction over the area in which the species is believed to occur; and (2) invite the determination of the State as to whether the petitioned action is warranted, promptly request the Commission to conduct a scientific review of any new information presented by the petition with respect to the status of the species, and promptly publish each finding made in the Federal Register. Sets forth or modifies provisions regarding: (1) judicial review of such findings; (2) endangered species determinations with regard to foreign species; (3) notice of regulations (requiring a readily understandable, nontechnical explanation of the reasons for and purpose of the proposed regulation, an analysis concluding that the conservation benefit outweighs any negative conservation impact of the regulation, and a summary of the findings of the assessment team based on the required review); and (4) State review of such regulations (including scientific review of conflicts between the Secretary and the affected State). Requires the Commission to conduct, at least once every five years, a review of all species included in a list of endangered or threatened species and to report the results to the Secretary. Sets forth procedures for changes in the status of a species. Repeals provisions regarding the development and implementation of recovery plans by the Secretary for the conservation and survival of listed species. (Sec. 5) Directs the Secretary, in cooperation with the States having jurisdiction over areas in which listed species are believed to occur, on the basis of the best scientific and commercial data available, and considering the options presented by the Commission, to develop and implement conservation plans to provide for the conservation of the species and the habitats on which the species depend, with exceptions. Requires the Secretary, in developing a conservation objective and plan for a foreign species, to: (1) act in a manner consistent with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Convention); and (2) cooperate with and support any conservation strategy adopted for the species by each foreign nation in which the species occurs. Directs the Secretary, Federal agencies, and the States to minimize adverse social and economic consequences and impacts on private property that may result from the implementation of conservation plans. Sets forth provisions regarding: (1) the establishment of conservation objectives; (2) schedules for conservation plan preparation; (3) priorities of plans; (4) alternative strategies; (5) procedures for the preparation of proposed and final plans; (6) publication of final plans; and (7) participation by other persons in developing and implementing such plans. Directs the Secretary to designate critical habitat that supports the conservation objective of the Secretary for the species and to revise a critical habitat designation. Permits the Secretary to elect not to designate any critical habitat for the species where the designation is not prudent or determinable. Requires that such designation or revision be made on the basis of the best scientific and commercial data available after taking into consideration the availability of substitute habitat in mitigation banks or from other sources and the economic or any other relevant impact. Directs the Secretary to exclude any area from critical habitat for which the Secretary determines that the benefits of the exclusion outweigh the benefits of designating the area as part of the critical habitat, unless the Secretary determines, on the basis of the best scientific and commercial data available, that the failure to designate the area as critical habitat will result in the extinction of the species for which the habitat is designated. Sets forth provisions regarding: (1) revision of critical habitat designation; (2) the effects of agency actions that are consistent with the conservation objective and plan; (3) alternative species protection; (4) interim management prior to publication of a final conservation plan or a conservation objective, the entering into of a cooperative management agreement, or the issuance of an incidental taking permit; (5) suspension of conservation plans or objectives; (6) reporting requirements; and (7) the standard of judicial review of agency decisions. (Sec. 6) Directs the Secretary and the Secretary of Agriculture to encourage persons to apply to exchange lands, waters, or interests therein under their jurisdiction (lands) (other than units of the National Park System, the National Wilderness Preservation System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, and the National Trails System) for lands that are not in Federal ownership and that are affected by the Act, provided that the lands to be exchanged are of approximately equal value. Sets forth provisions regarding: (1) appraisals; (2) environmental assessment; and (3) valuation. (Sec. 7) Requires the Secretary to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consulting as appropriate before seeking to acquire land for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to: (1) enter into cooperative management agreements (CMAs) with any State or group of States, political subdivision of a State, local government, or other non-Federal person for the management of a listed species, species proposed to be listed, or candidate species (i.e., species found warranted to be listed but precluded from listing because of pending proposals to list that are of a higher priority); and (2) designate any non-Federal person participating or assisting in the implementation of a CMA as a volunteer under the Fish and Wildlife Act of 1956. Directs the Secretary to provide technical assistance for the development and implementation of a CMA with a non-Federal person. Exempts the preparation, approval, and entering into of a CMA from specified requirements of the Act and of the National Environmental Policy Act of 1969. Specifies that: (1) except under extraordinary circumstances (in which case the Secretary shall have the burden of demonstrating and clearly documenting the existence of such circumstances), no additional measures to minimize and mitigate impacts on a species that is a subject of a CMA shall be required of a non-Federal party to the agreement that is in compliance with the agreement; and (2) with respect to any species that is a subject of such a CMA, under no circumstances shall a non-Federal party in compliance with the CMA be required to make any additional payment for any purpose, or accept any additional restriction on any parcel of land available for development or land management under the CMA, without the consent of the non-Federal party. Provides that a CMA shall remain in effect and shall not be required to be amended if a species to which the agreement does not apply is determined to be an endangered or threatened species. Sets forth or revises provisions regarding: (1) violations of CMAs; (2) requirements governing acquisition of water; and (3) Federal reclamation projects and contracts. Authorizes the Secretary to: (1) make grants to non-Federal persons, from appropriated funds, for the purpose of conserving, preserving, or improving habitat for an endangered or threatened species; and (2) enter into safe harbor agreements with non-Federal persons who own real property for the purpose of encouraging the voluntary management, restoration, or enhancement of non-Federal lands owned by such persons to conserve listed and candidate species. Requires the Secretary: (1) at the request of a State, to delegate to the State the authority to develop and implement a conservation plan for a listed species unless the Secretary determines that the State lacks authority and capability to carry out the requirements of the Act; and (2) to monitor the actions of States in developing and implementing conservation plans. (Sec. 8) Directs each Federal agency to ensure that any action authorized, funded, or carried out by the agency that affects any endangered or threatened species or designated critical habitat of the species is not likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) Federal agency consultation with the Secretary regarding agency actions likely to significantly and adversely affect an endangered or threatened species and regarding guidance on the consistency of an agency action with the conservation plan or objective for, an incidental taking permit for, or a CMA concerning, the species; (2) consideration of information and other law; (3) actions exempt from consultation and conferencing; (4) actions not constituting takings; (5) the resolution of conflicts between the responsibilities of a Federal agency under the Act vis-a-vis any other law, treaty, or interstate compact; (6) the use of mitigation banks; (7) risk assessment; and (8) exemptions from the Act. (Sec. 9) Directs the Secretary and the Secretary of State to act cooperatively with other nations in conserving wildlife. Prohibits such Secretaries, to the extent that the conservation programs of such nations are consistent with the Convention, from obstructing the programs of such nations unless the Secretary demonstrates good cause for the action based on adequate findings supported by substantial evidence. (Sec. 10) Directs the Secretary to limit a finding under the Convention to the purpose of the importation. Bars the Secretary from: (1) duplicating the findings required to be made by the exporting nation that is a party to the Convention except for good cause based on adequate findings supported by substantial evidence; and (2) prohibiting any act that is permitted under the Convention in issuing protective regulations with respect to a foreign species. Sets forth restrictions regarding the publishing of proposed protective regulations. (Sec. 11) Provides that an activity of a non-Federal person shall be deemed not to constitute a taking of a species if the activity: (1) is consistent with the applicable guidance of a conservation plan or objective; (2) complies with the terms and conditions of an incidental taking permit or a CMA; or (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event. Specifies that provisions prohibiting importation shall not apply to a member of a threatened species: (1) taken for scientific collection, live export for captive breeding, sport hunting, or falconry in accordance with the laws of a foreign nation that is a party to the Convention; and (2) accompanied by an export permit issued by the nation or an equivalent document. (Sec. 12) Authorizes the Secretary to permit specified activities, including: (1) the public display or exhibition of living wildlife in a manner that contributes to the education of the public about the ecological role and conservation needs of the affected species; (2) in the case of foreign species, acts that are consistent with the Convention and with conservation strategies adopted by the foreign nations responsible for the conservation of the species; and (3) acts necessary for captive propagation programs. Sets forth or revises provisions regarding: (1) the use of mitigation banks; (2) the scope of permits; (3) environmental assessments; (4) limits on additional measures required to minimize and mitigate impacts on a species that is a subject of a permit where the permittee is in compliance with the permit; (5) interim permits; (6) permit revocation; and (7) voluntary consultation by non-Federal persons. Authorizes the Secretary, after providing notice and opportunity for public hearing, to issue a general permit on a county, State, regional, or nationwide basis for any category of activities that may affect a listed species upon determining that activities in the category are similar in nature, will cause only minimal adverse effects on the species if performed separately, and will have only minimal cumulative adverse effects on the species generally. Sets forth provisions regarding: (1) educational and propagation permits; (2) the taking of species for inherently limited uses; (3) multiple species non-Federal conservation plans; (4) wildlife bred in captivity; (5) recognition of captive propagation as a means of recovery; and (6) mitigation banks. (Sec. 13) Directs the Secretary or the Secretary of the Treasury to pay reasonable and necessary costs incurred by any person in providing temporary care for any endangered or threatened fish, wildlife, or plant pending the disposition of any civil or criminal proceeding alleging a violation of the Act. Places the burden of proof on the Secretary to demonstrate that a specimen belongs to a species that has been determined to be an endangered or threatened species under the Act or that is included in an Appendix to the Convention. Prohibits the Secretary from detaining a specimen for a period of longer than 30 days for identification purposes, unless the specimen has been substantially changed from the natural appearance of the specimen, in which case it may be retained for an additional 30 days. Requires the specimen to be released if it cannot be identified within that period. Specifies that no refusal of entry, seizure of evidence, or other enforcement action may take place under the Act if the action is based solely on a notification under the Convention or on a resolution of the Conference of the Parties to the Convention. Authorizes any person to: (1) commence a civil suit to remedy any violation of, or regulation issued under, the Act by the United States or any U.S. agency or official or to challenge the Act or a regulation issued thereunder or the implementation thereof; and (2) intervene as a matter of right in any suit brought under the Act that threatens to cause injury to, or relates to any injury sustained by, the person and grants such person the same right to present argument and to accept or reject potential settlements as the parties to the suit have. (Sec. 14) Requires the Commission to review and report to the Secretary on species of plants that, as of the date of this section's enactment, are or may become endangered or threatened within any State and that are known to produce pharmaceutical or agricultural biochemicals. (Sec. 15) Establishes the Endangered Species Commission. Requires the Commission to: (1) study the activities of the United States under laws and international conventions relating to endangered and threatened species, including the Convention and the Act; (2) make recommendations to, and consult with, the Secretary and other Federal officials concerning such measures as the Commission considers necessary or desirable for the protection and conservation of such species, including a range of options; and (3) conduct such scientific reviews and analyses as the Secretary requests or as are otherwise required to be conducted under this Act. Directs the Commission, upon receipt of a request from the Secretary for a scientific review or assessment regarding such a species, to establish an assessment and planning team and, within 30 days, to establish and arrange for the provision of technical assistance to such a team to assist the Commission in making required assessments by providing it with the best scientific and commercial data available and data that have been peer reviewed and verified by field testing. Sets forth provisions regarding: (1) the Commission's response to assessment and planning team recommendations; and (2) reporting requirements. (Sec. 16) Directs the Secretary to provide 30 days' notice of any hearing or other public meeting at which public comment is accepted under the Act. (Sec. 17) Requires the Secretary to: (1) balance achieving the conservation objective for a species and ensuring continuing economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment of the use and value of property; and (2) seek, along with the heads of all other Federal agencies and other Federal officials, to minimize the adverse impacts on the use and value of private property resulting from any requirements imposed on the property. (Sec. 18) Directs the Secretary to: (1) identify methods of alternative dispute resolution (ADR) that may be used for rulemaking to develop standards, rules, and guidelines for the listing or monitoring of species, conservation planning, safe harbor agreements with non-Federal persons, and other specified purposes; and (2) develop and implement a pilot program for ADR to be used for such purposes as consistent with the Negotiated Rulemaking Act of 1990 and the Administrative Dispute Resolution Act. Requires the Secretary to: (1) provide regular training for all employees involved in developing and implementing such program; and (2) evaluate the program and submit a report including recommendations for a permanent program to the Congress and the Administrative Conference of the United States. (Sec. 19) Sets forth provisions regarding Federal cost-sharing requirements for conservation obligations. (Sec. 20) Entitles a non-Federal property owner to receive compensation if a Federal agency takes action under the Act that results in a diminishment of value of any portion of the non-Federal property of the owner. Sets forth provisions regarding: (1) the amount of compensation, a duty of notice to owners, requests for compensation, offers by the Secretary, and responses by property owners; (2) arbitration; (3) civil actions; (4) the source of payment; (5) U.S. obligations to make payment subject to the availability of appropriations; and (6) administrative provisions. (Sec. 21) Authorizes appropriations. Directs the Secretary to study potential revenue sources for a biodiversity trust fund to be used both for domestic endangered and threatened species protected under the Act and for foreign species subject to the Convention. Sets forth reporting requirements. (Sec. 22) Sets: (1) priorities for the development, and a schedule for the adoption, of conservation plans for listed species without recovery plans; and (2) priorities and a schedule for revision of existing plans. Prohibits the Secretary or the head of any other Federal agency from requiring any increase in any measurable criterion contained in a final recovery plan, or any site specific management action in addition to the criteria provided in a final recovery plan, until a conservation plan or conservation objective has been published. Directs the Secretary, in conjunction with the issuance of a conservation plan or objective, to review and reissue certain written opinions of the Secretary relating to the affected species that were issued after January 1, 1995, under the Act.
United States · United States Congress · 26 October 1995
TABLE OF CONTENTS: Title I: Reestablishment of Soil Conservation Service Title II: Consolidation of Conservation Financial Assistance Programs of the Department of Agriculture Subtitle A: Agricultural Conservation Assistance Program Subtitle B: Conforming Amendments Title III: Water Quality Conservation Program for Livestock Operations Title IV: Highly Erodible Cropland Conservation Title V: Environmental Conservation Acreage Reserve Program Title VI: Miscellaneous Provisions Conservation Consolidation and Regulatory Reform Act of 1995 - Title I: Reestablishment of Soil Conservation Service - Amends the Department of Agriculture Reorganization Act of 1994 (Reorganization Act) to replace provisions regarding the Natural Resources Conservation Service (NRCS) with provisions reestablishing the Soil Conservation Service (SCS) as an agency within the Consolidated Farm Service Agency (CFSA) of the Department of Agriculture (Department). Sets forth provisions regarding: (1) the functions of SCS; and (2) special consultation requirements for certain functions, such as requiring the Secretary of Agriculture to ensure that officials of county and area committees established under the Soil Conservation and Domestic Allotment Act (SCDAA)(county committees) meet annually with officials of Soil and Water Conservation Districts or similar organizations established under State law to consider local conservation priorities and guidelines. (Sec. 102) Revises the Reorganization Act to authorize the Secretary to use: (1) CFSA to provide financial assistance under the Agricultural Conservation Assistance Program and the Livestock Water Quality Conservation Program established under the Conservation Consolidation and Regulatory Reform Act of 1995; and (2) SCS to provide technical assistance under such programs. (Sec. 103) Directs the Secretary to transfer to SCS: (1) all of the records, property, and personnel of NRCS; and (2) the unexpended balances of appropriations, allocations, or other funds of NRCS. Title II: Consolidation of Conservation Financial Assistance Programs of the Department of Agriculture - Subtitle A: Agricultural Conservation Assistance Program - Directs the Secretary to carry out an Agricultural Conservation Assistance Program to provide technical and financial assistance to the owners and operators (owners) of private agricultural lands who request such assistance to plan, develop, and implement structural practices applicable to such lands and intended to effectuate specified purposes such as erosion control, water conservation, water quality improvement in rural America, and wildlife habitat improvement. Requires the Secretary to provide technical and financial assistance under the Program on the basis of a contract with an owner of agricultural lands. Sets forth provisions regarding: (1) contract requirements; (2) approval of county committees; (3) contract terms; and (4) owner responsibilities. (Sec. 203) Provides that, to be eligible to enter into a contract under the Program, an owner must prepare and submit to the Secretary for approval a plan of farming operations or land use practices which incorporates specified soil and water conservation practices and principles and outlines a schedule of proposed changes in cropping systems or land use to be carried out during the contract period. Directs the Secretary, in considering a cost-share plan for approval, to consult with SCS and the local soil and water conservation district. Sets forth plan requirements. (Sec. 204) Sets forth provisions regarding: (1) criteria in determining the level of assistance to be provided under a contract under the Program; (2) a 50 percent maximum Federal cost-share requirement; (3) a $5,000 per person limit on financial assistance; (4) time for payment; and (5) treatment of payments. (Sec. 205) Authorizes the Secretary to terminate a contract entered into with an owner under the Program if the owner agrees to such termination or violates the terms and conditions of the contract. Requires the owner, upon: (1) the violation of a term or condition of the contract, to refund any cost-sharing payment already received and forfeit any future payments under the contract; (2) the transfer of the right and interest of an owner in land subject to the contract, to refund all cost-sharing payments received unless the transferee of the right and interest agrees to assume all of the owner's obligations under the contract. (Sec. 206) Authorizes appropriations for FY 1996 through 2002. (Sec. 207) Sets forth provisions regarding: (1) interim administration pending implementation of the Program; and (2) issuance of final regulations. Subtitle B: Conforming Amendments - Repeals: (1) the Great Plains Conservation Program and the Agricultural Conservation Program under the SCDAA; (2) the Critical Lands Resource Conservation Program in the Great Plains area under the Food and Agriculture Act of 1977 (FAA); (3) the Colorado River Basin Salinity Control Program under the Colorado River Basin Salinity Control Act; (4) the Rural Environmental Conservation Program under the Agricultural Act of 1970; (5) Water Quality Incentive Projects, the Control of Weeds and Pests Program, and the Tree Planting Initiative under the Food Security Act of 1985 (FSA); (6) the Integrated Farm Management Program Option under the Food, Agriculture, and Trade Act of 1990; (7) the Special Areas Conservation Program and Reservoir Sedimentation Program under the Agriculture and Food Act of 1981; (8) Small Watershed Easement Purchase Authority under the Watershed Protection and Flood Prevention Act; (9) Financial Assistance Programs under the Cooperative Forestry Assistance Act of 1978; and (10) the Water Bank Act. Title III: Water Quality Conservation Program for Livestock Operations - Directs the Secretary, during FY 1996 through 2002, to carry out a Livestock Water Quality Conservation Program to provide technical and financial assistance to the owners of livestock operations who request such assistance to plan, develop, and implement structural practices in connection with such livestock operations intended to protect or improve water quality and enhance environmental protection. Requires the Secretary (subject to specified requirements) to provide assistance under the Program on the basis of a contract between the Secretary and an owner of a livestock operation. Prohibits the Secretary from entering into a contract with an operator who is not also owner of the livestock operation unless the actual owner concurs in the contract. Requires the owner, to be eligible to enter into a contract, to have an approved water quality plan. Sets forth provisions regarding: (1) types of assistance; (2) application and term of the contract; (3) the contracting process, including approval of the county committee and directing the Secretary to administer a competitive offer system for owners of livestock operations proposing to receive cost-sharing payments in exchange for the implementation of structural practices; and (4) owner responsibilities. (Sec. 303) Limits the Federal share of cost-sharing payments under a contract under the Program to implement one or more structural practices to 50 percent of the total cost of the practice or practices, as determined by the Secretary. Authorizes the Secretary to further reduce the Federal share on account of payments received by the owner from a State or local government for the same structural practice. Sets forth provisions regarding: (1) the effect of other payments; (2) technical assistance; (3) non-Federal assistance; (4) limits on payments; and (5) treatment of payments. (Sec. 304) Directs the Secretary: (1) to provide assistance under the Program to owners of livestock operations in a region, watershed, or conservation priority area based on the significance of the water quality needs and the structural practices that best address the needs; (2) in providing assistance under the Program, to accord a higher priority to assistance and payments that maximize environmental benefits per dollar expended; and (3) to accord a higher priority to owners of livestock operations located within watersheds, regions, or conservation priority areas in which State or local governments provide financial or technical assistance for the same conservation or environmental purposes and to structural practices for lands on which livestock production has been determined to contribute to or create the potential for failure to meet applicable water quality standards or other environmental objectives of a Federal or State law. (Sec. 305) Sets forth provisions regarding: (1) required water quality plans; and (2) modification and termination of contracts. (Sec. 307) Directs the Secretary to: (1) allocate $380 million of Commodity Credit Corporation funds for the seven-fiscal year period beginning on October 1, 1995, to carry out the Program (and, if for any fiscal year the Secretary has incurred total contractual obligations to make payments under the Program that would exceed such sum, to prorate all payments owed under the Program for that fiscal year); and (2) issue regulations to implement the Program. Title IV: Highly Erodible Cropland Conservation - Amends the FSA to define: (1) "conservation plan" to mean the document that applies to highly erodible cropland, that implements the conservation system applicable to such highly erodible cropland and contains the decisions of the person regarding location, land use, tillage systems, and conservation treatment measures and schedule, and that is approved by the local soil conservation district in consultation with the county committees and the Secretary or by the Secretary; and (2) "conservation system" to mean a combination of one or more conservation measures or management practices that are based upon local resource conditions, available conservation technology, and the standards and guidelines contained in the SCS field office technical guides and that are designed to achieve, in a cost effective and technically practicable manner, a substantial reduction in soil erosion or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland when compared to the level of erosion or soil conditions that existed before the application of the conservation measures and management practices. Revises the definition of "field" to mean a part of a farm which is separated from the balance of the farm by permanent boundaries such as fences, roads, permanent waterways, or other similar features. Specifies that at the option of the owner or operator of the farm, croplines may also be used to delineate a field if farming practices make it probable that such croplines are not subject to change. Requires the Secretary to publish in the Federal Register the universal soil loss equation and wind erosion equation used by the Department as of a specified date. Prohibits the Secretary from changing such equations thereafter except following certain notice and comment requirements. (Sec. 402) Amends the FSA to direct the Secretary to ensure that the standards and guidelines contained in SCS field office technical guides applicable to the development and use of conservation measures and management practices as part of a conservation system permit a person to use a conservation system that: (1) is technically and economically feasible based on local resource conditions and available conservation technology and cost-effective; and (2) does not cause undue economic hardship on the person applying the conservation system under the person's conservation plan. Sets forth provisions regarding: (1) measurement of erosion reduction; (2) residue measurement; (3) certification of compliance; (4) technical assistance; and (5) encouragement of on-farm research. Amends the Reorganization Act to authorize the CFSA, in the case of a technical determination of the SCS regarding use of a conservation system under the FSA, to overrule the determination if strict application causes undue economic hardship on the person using the conservation system. Amends the FSA to direct the Secretary to permit persons to secure technical assistance from sources other than the SCS in the preparation and application of a conservation compliance plan or similar plan required as a condition for assistance from the Department. Requires that if the Secretary rejects a technical determination made by a source other than the SCS, the basis of the Secretary's determination must be supported by clear and convincing evidence. (Sec. 403) Amends the FSA to require the Secretary to establish expedited procedures for the consideration and granting of temporary variances from conservation plans. (Sec. 404) Revises FSA provisions to provide for: (1) a one-year grace period in which to resume conservation compliance where a person has acted in good faith and without intent to violate the FSA; and (2) special penalties regarding highly erodible cropland that was not in production prior to December 23, 1985. (Sec. 405) Limits program ineligibility for failure to actively apply or comply with a conservation plan to those benefits that relate to agricultural commodities produced on the field that is the basis for such ineligibility determination. Permits the Secretary, in the case of egregious and repetitive violations, to expand such ineligibility to include benefits with respect to agricultural commodities produced on fields other than the field that is the basis for the ineligibility determination, as deemed appropriate by the Secretary. Specifies that no person shall be ineligible for such program benefits as a result of the failure of such person to actively apply or comply with the person's conservation plan with respect to acreage that is not eligible for that type of benefits. (Sec. 406) Revises FSA exemption provisions with respect to conservation reserve lands to provide that a person who owns or operates highly erodible land that was the subject of a contract under that Act shall only be required to apply a conservation plan established under such Act and the person shall not be required to meet a higher conservation standard than that applied to other highly erodible cropland located within the same area. (Sec. 407) Requires Department employees who observe possible compliance deficiencies or other potential violations of a conservation plan or Act provision while providing on-site technical assistance to provide to the responsible persons, within 45 days, information regarding those actions needed to comply. Directs such employees to provide such information in lieu of reporting the observations as compliance violations and to attempt to correct such deficiencies as soon as practicable (and if corrective action is not fully implemented within one year, a review of the status of compliance of the person with the conservation plan may then be conducted). Sets forth provisions regarding: (1) notice of possible violations; (2) investigation of notifications; and (3) notification requirements regarding the subject of the complaint. (Sec. 408) Authorizes the Secretary, at the request of a county committee, to establish a producer advisory committee in such county or area for the purpose of consulting with such county committee, conservation district board, SCS field office, and State conservationist in the development of reasonable and practical solutions to resource management goals and the establishment of conservation systems, measures, and practices that meet specified criteria. Requires the members of the producer advisory committee to be appointed by the Secretary from nominees submitted by the county committee making the request. Title V: Environmental Conservation Acreage Reserve Program - Revises FSA provisions to require the owner of land, to be eligible to place such land into a wetland reserve, to enter into a contract with the Secretary to implement a wetland conservation plan for the restoration and protection of the functional wetland values of the land placed in the reserve. Specifies that the wetland conservation plan for land placed into the wetland reserve shall provide for the efficient and effective restoration of the functional values of wetlands and shall permit: (1) repairs, improvements, and inspections on such land that are necessary to maintain existing public drainage systems if such land is subsequently restored to the condition required by the terms of the contract; and (2) the landowner to control public access on such land while identifying access routes to be used for wetland restoration activities, management, and monitoring. Prohibits: (1) the alteration of wildlife habitat and other natural features of such land, unless specifically permitted by the plan; (2) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is permitted by the plan or is necessary to comply with Federal or State noxious weed control laws or an emergency pest treatment program; (3) any activities to be carried out on such participating landowner's or successor's land that is immediately adjacent to, and functionally related to, the land that is placed in the wetland reserve if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and (4) the adoption of any other practice that would tend to defeat the purposes of the Act. Sets forth provisions regarding: (1) the development of a wetland conservation plan; (2) the duties of owners and operators; (3) compatible uses; (4) the period of a contract; (5) payments under the contract; and (6) violations. Modifies FSA provisions to require the Secretary, in making cost share payments, to pay the owner 50 percent of the cost of carrying out the conservation and wetland measures and practices for which the assistance is provided. (Sec. 502) Repeals: (1) a wetlands reserve program requirement that the Secretary of Agriculture consult with the Secretary of the Interior at the local level and specified other consultation requirements; and (2) the environmental easement program. Revises the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize the Secretary of Agriculture, during calendar years 1996 through 2000, to extend up to ten years contracts entered into before November 28, 1990, under the FSA's conservation reserve program, at the option of the owner or operator on land that the Secretary has determined under a specified study should remain in conserving uses. (Sec. 504) Sets forth provisions regarding the effect of this title on existing easements. Title VI: Miscellaneous Provisions - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to provide that provisions regarding the National Forest System shall not be: (1) construed to supersede, abrogate, or otherwise impair any right or authority of a State (impair any right) to allocate quantities of water; or (2) implemented, enforced, or construed to allow any U.S. officer or agency to utilize its authorities to impose any requirement not imposed by the State which would impair any right to the use of water resources allocated under State law, interstate water compact, or Supreme Court decree or held by the United States for use by a State, its political subdivisions, or its citizens. Amends the Federal Land Policy and Management Act of 1976 to make analogous changes with respect to the authorities of the Bureau of Land Management vis-a-vis land use planning. Prohibits any Federal agency from requiring as a condition of, or in connection with, the granting, issuance, or renewal of a right-of-way a restriction on the operation, use, repair, or replacement of an existing water supply facility located on or above National Forest lands or the exercise and use of existing water rights if such condition would: (1) reduce the quantity of water which would otherwise be made available for use by the owner of such facility or water rights; or (2) cause an increase in the cost of the water supply provided from such facility. Repeals provisions of: (1) the FSA regarding State technical committees; (2) the Federal Noxious Weed Act of 1974 regarding management of undesirable plants on Federal lands; (3) the Food, Agriculture, Conservation, and Trade Act of 1990 regarding a composting research and extension program and administration of environmental programs; and (4) the Farms for the Future Act of 1990.
United States · United States Congress · 25 October 1995
Amends the Agricultural Act of 1949 and the Agricultural Adjustment Act of 1938 to terminate sugarcane and sugar beet price support, marketing quota, and acreage allotment programs on the date the President certifies to the Congress that a General Agreement on Tariffs and Trade has been entered into that prohibits all sugar export subsidies, price support and production adjustment programs, and other sugar import trade barriers. Makes related amendments to the Commodity Credit Corporation Charter Act and the Food Security Act of 1985.
United States · United States Congress · 25 October 1995
Family Farm Empowerment Act of 1995 - Amends the Agricultural Act of 1949 (Act) to provide nonrecourse marketing loans through 2002 for wheat, feed grains, rice, upland cotton, and oilseeds. Requires repayment at the lower of the loan rate or the prevailing domestic market price. Authorizes marketing loan deficiency payments for producers who forgo obtaining such loans. Provides for a total acreage base for such crops. Makes conforming amendments to certain price support programs. Eliminates acreage reduction programs for wheat, feed grains, cotton, and rice. Amends the Disaster Assistance Act to extend funding obligations for the cottonseed and sunflower oil export programs. Amends the Agricultural Adjustment Act of 1938 and the Act to suspend specified permanent price support provisions for wheat, feed grains (including silage), and oilseeds. Amends the Food Security Act of 1985 to replace the three-entity rule (consideration as separate entities for limitations purposes) with a direct attribution rule (based upon ownership percentage).
United States · United States Congress · 25 October 1995
TABLE OF CONTENTS: Title I: Energy, Natural Resources and Environment Subtitle A: Energy Subtitle B: Central Utah Subtitle C: Army Corps of Engineers Subtitle D: Helium Reserve Subtitle E: Territories Title II: Agricultural Programs Subtitle A: Extension and Modification of Various Commodity Programs Subtitle B: Sugar Subtitle C: Peanuts Subtitle D: Tobacco Subtitle E: Planting Flexibility Subtitle F: Miscellaneous Provisions Title III: Commerce Title IV: Transportation Title V: Housing Provisions Title VI: Indexation and Miscellaneous Entitlement-Related Provisions Title VII: Medicaid Reform Subtitle A: Per Capita Spending Limit Subtitle B: Medicaid Managed Care Subtitle C: Additional Reforms of Medicaid Acute Care Program Subtitle D: National Commission on Medicaid Restructuring Subtitle E: Restrictions on Disproportionate Share Payments Subtitle F: Fraud Reduction Title VIII: Medicare Subtitle A: Medicare Choice Program Subtitle B: Provisions Relating to Regulatory Relief Subtitle C: Medicare Payments to Health Care Providers Subtitle D: Provisions Relating to Medicare Beneficiaries Subtitle E: Medicare Fraud Reduction Subtitle F: Improving Access to Health Care Subtitle G: Other Provisions Subtitle H: Monitoring Achievement of Medicare Reform Goals Subtitle I: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions Subtitle J: Clinical Laboratories Title IX: Welfare Reform Subtitle A: Temporary Employment Assistance Subtitle B: Make Work Pay Subtitle C: Work First Subtitle D: Family Responsibility and Improved Child Support Enforcement Subtitle E: Teen Pregnancy and Family Stability Subtitle F: SSI Reform Subtitle G: Food Assistance Subtitle H: Treatment of Aliens Subtitle I: Earned Income Tax Credit Title X: Reductions in Corporate Tax Subsidies and Other Reforms Subtitle A: Tax Treatment of Expatriation Subtitle B: Modification to Earned Income Credit Subtitle C: Alternative Minimum Tax on Corporations Importing Products into the United States at Artificially Inflated Prices Subtitle D: Tax Treatment of Certain Extraordinary Dividends Subtitle E: Foreign Trust Tax Compliance Subtitle F: Limitation on Section 936 Credit Title XI: Veterans' Affairs Subtitle A: Permanent Extension of Temporary Authorities Subtitle B: Other Matters Subtitle C: Health Care Eligibility Reform Title XII: Legislative Branch Title XIII: Miscellaneous Provisions Title XIV: Budget Process Provisions Subtitle B(sic): Discretionary Spending Limits Subtitle C: Pay-As-You-Go Procedures Subtitle D: Miscellaneous Subtitle E: Deficit Control Subtitle F: Line Item Veto Subtitle G: Enforcing Points of Order Subtitle H: Deficit Reduction Lock-box Subtitle I: Emergency Spending; Baseline Reform; Continuing Resolutions Reform Subtitle J: Technical and Conforming Amendments Subtitle K: Truth in Legislating Common Sense Balanced Budget Act of 1995 - Title I: Energy, Natural Resources and Environment - Subtitle A: Energy - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing). (Sec. 1101) States that one purpose of this Act is to ensure that privatization of the U. S. Enrichment Corporation (USEC) does not result in any adverse effects on the pension benefits of employees at facilities that are operated in the performance of functions vested in USEC. Declares that USEC shall abide by the terms of the collective bargaining agreement in effect on the privatization date at each individual facility. Permits employees who transfer to USEC from other Federal employment to transfer their accrued retirement benefits to a USEC retirement system, or to retain their coverage under their existing Federal plan. Terminates USEC's status as the exclusive marketing agent for the United States for entering into contracts for providing enriched uranium and uranium enrichment and related services. Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term. States that USEC shall establish prices for its products, materials, and services on a profit-making basis. Prescribes guidelines under which the Department of Energy (DOE) shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste. States that, as of the privatization date, all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization date shall be direct liabilities of, and judgments against, the United States. Authorizes the Secretary of Energy to transfer raw and enriched uranium to USEC before the privatization date without charge. Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Prohibits the Secretary from allowing the privatization of USEC by means of a public offering unless the Secretary determines that the estimated gross proceeds from the USEC sale will be an adequate amount. Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of a public offering. Provides that the proceeds to the U.S. Government from privatization shall be included in the budget baseline and be counted as an offset to direct spending. Mandates termination of any USEC license if privatization results in its being owned, controlled or dominated by a foreign entity or otherwise inimical to the security of the United States. Precludes USEC from implementing the privatization plan less than 60 days after the date that the Comptroller General presents an evaluation of the plan to the Congress. Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. Authorizes the licensing of Corporation facilities using AVLIS technologies for uranium enrichment. (Sec. 1102) Amends the Omnibus Budget Reconciliation Act of 1990 to repeal the termination date for Nuclear Regulatory Commission authority to assess annual charges (thus making such authority permanent). (Sec. 1103) Amends the National Energy Conservation Policy Act to repeal the exclusion of cogeneration process from the definition of "energy savings". (Sec. 1104) Authorizes the Director of the Federal Emergency Management Agency to assess and collect radiological emergency preparedness fees. Subtitle B: Central Utah - Amends the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of a specified repayment contract with the Central Utah Water Conservancy District regarding municipal and industrial water delivery facilities. Subtitle C: Army Corps of Engineers - Establishes the Army Civil Works Regulatory Program Fund as a repository for certain regulatory fees established by the Secretary of the Army. Subtitle D: Helium Reserve - Helium Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store, transport, and sell crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Identifies circumstances under which the Secretary must meet a certain deadline for the elimination of helium stockpiles. Repeals the Secretary's authority to borrow under the Helium Act. Subtitle E: Territories - Terminates annual direct financial assistance to the Government of the Northern Mariana Islands. Title II: Agricultural Programs - Agricultural Reconciliation Act of 1995 - Subtitle A: Extension and Modification of Various Commodity Programs - Amends the Agricultural Act of 1949 (Act) to extend loan, payment, and acreage reduction programs for wheat (including the food security wheat reserve), feed grains, cotton (including cottonseed and cottonseed oil), and rice. Extends loan and payment programs for oilseeds. (Sec. 2106) Revises specified wheat, feed grains, upland cotton, and rice deficiency payment provisions (flex acres and 50-85 and 0-85 programs). Subtitle B: Sugar - Amends the Agricultural Act of 1949 to extend and set forth sugar price support provisions. Establishes the sugarcane target price at 18 cents per pound. Subtitle C: Peanuts - Amends the Agricultural Act of 1949 to extend the peanut price support program. (Sec. 2302) Amends the Agricultural Adjustment Act of 1938 to extend and revise peanut national poundage quota and acreage allotment provisions, including specified provisions regarding Texas and New Mexico. (Sec. 2303) Revises sale, lease, or transfer of farm poundage quota provisions. Provides for: (1) quota transfers to other self-owned farms within the same State; and (2) quota sales within a State having quotas of 10,000 tons or more. (Sec. 2304) Subjects reentered (after export) peanut products made from additional peanuts to specified marketing penalties. (Sec. 2305) Amends the Agricultural Act of 1949 to limit price support rate increases or decreases. Establishes a special rule regarding New Mexico pools. Requires that all domestic and export peanuts comply with specified quality standards. (Sec. 2306) Requires an annual quota peanut producer referendum regarding the poundage quota. Subtitle D: Tobacco - Amends the Agricultural Act of 1949 to extend tobacco marketing assessment authority. States that such fees shall be used to pay for other tobacco programs not covered by user fees or other specified assessments or contributions. (Sec. 2402) Amends the Agricultural Adjustment Act of 1938 to revise farm acreage allotment and marketing quota reduction provisions. (Sec. 2403) Makes a specified farm reconstitution provision applicable to burley (burley) tobacco. (Sec. 2404) Reduces a certain percentage threshold regarding disaster-transfer of flue-cured (flue-cured) tobacco quotas. (Sec. 2405) Amends the Agricultural Act of 1949 to expand the tobacco types subject to no net cost assessment. (Sec. 2406) Amends the Tobacco Adjustment Act of 1938 to repeal certain tobacco export reporting requirements. (Sec. 2407) Amends the Agricultural Adjustment Act of 1938 to repeal certain flue-cured and burley marketing quota reduction provisions. (Sec. 2408) Amends the Tobacco Inspection Act to provide for civil penalties and cease and desist orders for violations of such Act. Grants U.S. district courts jurisdiction in such matters. (Sec. 2409) Amends the Agricultural Adjustment Act of 1938 to permit flue-cured or other tobacco quota or allotment transfers across within-State county lines if approved by producer referendum. Eliminates certain burley quota transfer provisions for Tennessee and Virginia. (Sec. 2410) Eliminates certain tobacco exports from flue-cured and burley national marketing quota calculations. (Sec. 2412) Revises certain burley marketing quota lease and transfer provisions. (Sec. 2413) Increases maximum acreage transfers. (Sec. 2414) States that performance rendered in good faith reliance upon Department of Agriculture advice or actions may be accepted as meeting appropriate marketing quota requirements. (Sec. 2415) Harmonizes certain flue-cured and burley sales dates. (Sec. 2416) Authorizes a recent farm purchaser to sell burley or flue-cured marketing quotas within one year of such purchase. Subtitle E: Planting Flexibility - Amends the Agricultural Act of 1949 to state that a farm's total acreage base shall equal the sum of the farm's acreage bases for acreage reduction enrolled crops. (Sec. 2503) Revises planting flexibility provisions. (Sec. 2504) Bases 1996 through 2002 farm program payment yields on the 1995 crop year. Subtitle F: Miscellaneous Provisions - Amends the Food Security Act of 1985 to reduce the maximum amount of deficiency and land diversion payments. (Sec. 2602) Expresses the sense of the Congress that the Secretary of Agriculture and the United States Trade Representative should intensify efforts to resolve the Canadian potato trade concerns and to begin to consider dispute resolution actions under the North American Free Trade Agreement or the General Agreement on Tariffs and Trade. Title III: Commerce - Amends the Communications Act of 1934 (the Act) to state that certain competitive bidding requirements shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC): (1) that, as the result of the FCC carrying out specified obligations, are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital television (TV) services assigned by the FCC to existing terrestrial broadcast licensees to replace their current TV licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits. Requires the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate, span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) as of this Act's enactment date, have not been designated by FCC regulation for assignment or identified by the Secretary of Commerce pursuant to provisions of the National Telecommunications and Information Administration Organization Act (NTIAO Act). Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2001. Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication and the needs of public safety radio services; and (3) comply with the requirements of international agreements concerning spectrum allocations. Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and that are allocated for Federal Government use but that could be reallocated pursuant to the NTIAO Act. Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to this Act, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Federal Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice. Requires the FCC to commence the Broadband Personal Communications Services C-Block auction (described in the FCC's Sixth Report and Order) not later than December 4, 1995. Ratifies and adopts the FCC's competitive bidding rules governing such auction. Sets forth or revises provisions regarding: (1) modification of auction policy to preserve the auction value of the spectrum; (2) identification and reallocation of auctionable frequencies; and (3) allocation and assignment of frequencies identified in the second reallocation report. (Sec. 3102) Amends the Act to direct the FCC, for FY 1996 and thereafter, to modify the application fees so that total collections for the fiscal year equal $40 million plus the amount of necessary expenses for costs related to application processing which exceeds $40 million. Directs the FCC to notify the Congress of any proposed and adopted modifications. Requires $40 million from FCC application fees to be deposited into the Treasury and used for application processing and related expenses of the FCC. Revises the schedule of application fees for personal communications services and amateur vanity call signs under the Act. Specifies that moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out FCC functions. Sets forth or revises provisions regarding: (1) recovery of executive and legal costs incurred by the FCC; (2) establishment and adjustment of fees; (3) regulatory fees for satellite TV operations; and (4) governmental entities use for common carrier purposes. Directs the FCC to: (1) develop accounting systems for making adjustments authorized by the Act; and (2) annually prepare and submit to the Congress an analysis of such systems and afford interested persons the opportunity to submit comments concerning the allocation of costs, the application, and regulatory fee adjustments. (Sec. 3103) Prohibits the FCC from: (1) renewing any analog TV license for a period that extends beyond the earlier of December 31, 2005, or one year after the date the FCC finds (based on annual surveys) that at least 95 percent of households in the United States have the capability to receive and display video signals, other than video signals transmitted pursuant to an analog TV license; or (2) issuing, after such date, any TV licenses other than advanced TV licenses. Directs the Secretary, each calendar year from 1998 to 2005, to conduct a survey to estimate the percentage of households in the United States that have the capability to receive and display video signals other than those transmitted pursuant to an analog TV license. Requires the FCC to: (1) ensure that, as analog TV licenses expire, the spectrum previously used for the broadcast of analog TV signals is reclaimed and reallocated so as to maximize the deployment of new services (and directs that licensees for new services be selected by competitive bidding); and (2) complete the competitive bidding procedure by May 1, 2002. Directs the FCC to establish procedures to ensure that, within the year prior to the reversion date, the advanced TV licensees provide each requesting household with the capability to receive and display video signals for advanced TV services. Requires: (1) each advanced TV service licensee to provide, for a minimum of five years from such date, at least one nonsubscription video service that meets or exceeds minimum technical standards established by the FCC; and (2) the FCC, to the extent technically feasible, to ensure that picture and audio quality are at least as good as that provided to recipients within the Grade B contour of an analog TV license and to revoke the license of any advanced TV licensee who fails to meet this condition of the license. (Sec. 3104) Amends the Omnibus Budget Reconciliation Act of 1990 to extend Patent and Trademark Office user fees through 2002. Sets amounts of surcharges to be collected in FY 1999-2002. (Sec. 3105) Repeals the authorization of transitional appropriations for the Postal Service. Specifies that liabilities of the former Post Office Department to the Employees' Compensation Fund shall be liabilities of the Postal Service payable out of the Fund. Title IV: Transportation - Amends Federal transportation law to make permanent the mandate for the imposition of railroad safety fees on railroad carriers. (Sec. 4102) Amends Federal shipping law to make permanent the mandate for the imposition of tonnage duties on certain vessels. (Sec. 4103) Directs the Administrator of General Services to sell at fair market value all rights, title, and interests of the United States in and to the land of, and improvements to, Governors Island, New York. Grants the State of New York and the city of New York the right of first refusal to purchase all or part of such Island. (Sec. 4104) Directs the Administrator to sell at fair market the air rights adjacent to Washington Union Station, including certain air rights to be conveyed to the Administrator by the National Railroad Passenger Corporation (AMTRAK). Directs AMTRAK, as a condition of future Federal financial assistance, to convey such rights, at no charge, on or before December 31, 1995. Title V: Housing Provisions - Amends the United States Housing Act of 1937 to make the reduction of section 8 annual rent adjustment factors for units without tenant turnover permanent. Amends the National Housing Act to revise the maximum mortgage amount floor for single family mortgage insurance. Revises mortgage foreclosure avoidance and borrower assistance provisions, including: (1) authorizing a partial claim payment program for up to 12 months' equivalent payments; and (2) establishment of an assignment program. Title VI: Indexation and Miscellaneous Entitlement-Related Provisions - Amends the Internal Revenue Code to revise section one provisions so as to provide for a reduction in the annual consumer price index formula used in determining the cost-of-living adjustment of the tax tables through the calendar year 2002. Amends title XX (Block Grants to States for Social Services) of the Social Security Act to: (1) provide for a reduction in block grants beginning with FY 1996; and (2) provide that each State shall be annually entitled to an amount equal to the lesser of 80 percent of the total it spends for services which are directed towards achieving the stated purposes of the title or the State's allotment. Provides for the denial of unemployment compensation to: (1) individuals with income in excess of $120,000 for the most recent taxable year; and (2) individuals who voluntarily leave military service. Title VII: Medicaid Reform - Subtitle A: Per Capita Spending Limit - Amends title XIX (Medicaid) of the Social Security Act (SSA) to specify a limit on the total amount of State expenditures for medical assistance for which Federal financial participation may be made under Medicaid in a fiscal year beginning in FY 1997, according to a prescribed formula based on certain categories of Medicaid beneficiaries. Directs the Secretary of Health and Human Services (HHS) to establish for each State a per capita medical assistance limit for each such category and for administrative expenditures for a fiscal year according to a certain formula that accounts for inflation. Requires the Secretary to notify each State before the beginning of each fiscal year of the per capita limits established for the State for the fiscal year. Exempts certain State expenditures under Medicaid from being subject to such limits and from being taken into account in establishing them. Provides for certain adjustments to such per capita limits, and outlines enforcement provisions for assuring that payments to the States are consistent with them. Places certain restrictions on the authority of States to apply less restrictive income and resource methodologies for making certain eligibility determinations under Medicaid. Subtitle B: Medicaid Managed Care - Repeals certain barriers to: (1) authorize States to require certain Medicaid-eligible individuals to enroll with an eligible managed care provider of their choice under contract with the State to furnish them with all medically necessary assistance as a condition of receiving Medicaid assistance; and (2) add anti-fraud and sanctions requirements applicable to eligible managed care providers. (Sec. 7105) Provides for assuring adequacy of payments to Medicaid managed care plans and providers. (Sec. 7107) Requires the Secretary to report to specified congressional committees on the effect of risk contracting entities and primary care case management entities on the delivery of and payment for public health services. (Sec. 7108) Requires the Secretary and the Comptroller General to analyze and submit reports annually to specified congressional committees on rates paid for hospital services under coordinated care programs provided for under this subtitle. Subtitle C: Additional Reforms of Medicaid Acute Care Program - Revises provisions governing the use of enrollment fees, premiums, deductions, cost-sharing, and similar charges in order to permit increased flexibility in Medicaid cost-sharing. (Sec. 7202) Requires the Secretary to define, by regulation promulgated after consultation with States and organizations representing health care providers, those treatment services, in addition to those otherwise covered under a State Medicaid plan, that must be covered under Medicaid as measures necessary to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan. (Sec. 7203) Provides that no change in law which has the effect of imposing a requirement on a State under a State plan under Medicaid, and with respect to which the Secretary is required to issue regulations to carry out such requirement, shall take effect until the date the Secretary promulgates such regulation as a final regulation. Provides that any change in a regulation of the Secretary relating to the Medicaid program shall not become effective until the beginning of the fiscal year following the fiscal year in which the change was promulgated. Gives the States certain options around such requirements. Expresses the sense of the Congress that if a State is required by future legislation to provide for additional services, eligible individuals, or otherwise incur additional costs under its Medicaid program, the Federal Government shall provide for full payment of any such additional costs for at least the first two years in which such requirement applies. (Sec. 7204) Sets forth provisions governing the consideration of applications for Medicaid waivers (i.e. State requests for a waiver of a Medicaid provision, or of another provision of law that applies to State plans under such title), and includes certain specified waivers under SSA and later amendments. Subtitle D: National Commission on Medicaid Restructuring - Establishes the National Commission on Medicaid Restructuring to study and make recommendations to the Congress, the President, and the Secretary regarding the need for changes in the laws and regulations regarding the Medicaid program in order to: (1) ensure adequate access to health care under such program for low-income individuals; (2) promote quality health care; (3) deter Medicaid fraud and abuse; (4) provide States with additional flexibility in implementing their Medicaid plans; and (5) contain Federal and State Medicaid costs. Authorize appropriations. Subtitle E: Restrictions on Disproportionate Share Payments - Revises provisions governing Medicaid payment adjustments for inpatient hospital services furnished by disproportionate share hospitals (DSH), among other changes, establishing a new national DSH payment limit and modifying provisions for determination of State DSH allotments. Subtitle F: Fraud Reduction - Directs the Administrator of the Health Care Financing Administration (HCFA) to develop mechanisms to better monitor and prevent inappropriate payments under Medicaid in the case of individuals who are dually eligible for benefits under such program and the Medicare program under SSA title XVIII. Requires the Administrator to develop improved mechanisms, such as picture identification documents and smart documents, to provide methods of improved identification and tracking of beneficiaries and providers that perpetrate fraud against Medicaid. Title VIII: Medicare - Medicare Preservation Act of 1995 - Amends SSA titles XI and XVIII and the Internal Revenue Code, restructuring the current Medicare program, and creating a new Medicare Choice program within it, while also providing for corresponding tax incentives for Medicare Choice medical savings accounts (MSAs) and other Medicare Choice-related matters. Subtitle A: Medicare Choice Program - Gives individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance) the opportunity to elect Medicare coverage during annual, coordinated election periods under either the new Medicare Choice benefit package or through the existing fee-for-service system under such parts. Includes in the Medicare Choice benefit package a high ($10,000) deductible-Medisave product under a specified demonstration plus contributions to Medicare Choice MSAs, as well as separate fee-for-service products and products offered under certain provider- and union-sponsored plans by qualified Medicare Choice organizations. Directs the Secretary to provide for a nationally coordinated educational and publicity campaign to inform individuals who are eligible to elect Medicare Choice products about them and the election processes provided under this subtitle. Directs the Secretary to conduct demonstration projects to test alternative approaches to coordinated open enrollments in different markets, including different annual enrollment periods and models of rolling open enrollment periods. (Sec. 8002) Requires qualified Medicare Choice organizations (except those with union sponsors, Taft-Hartley sponsors, or, for a limited time, provider sponsors) to be licensed under State law in each State in which they offer a Medicare Choice product. Requires such organizations to assume full financial risk on a prospective basis for the provision of health care services (other than hospice care). Allows an organization to obtain insurance in specified circumstances. Sets forth requirements relating to benefits, provision of services (including limited physician incentive plans), enrollment, and premiums. Specifies patient protection standards, including those for information disclosure, access to services, out-of-network services, mandatory quality assurance programs, coverage determinations, grievances, appeals, and fair marketing procedures. Directs the Secretary to provide for demonstration projects to determine the effectiveness, cost, and impact of alternative methods of providing comparative information about the performance of Medicare Choice organizations and products and the performance of Medicare supplemental policies in relation to such products. Prescribes policy for payments to Medicare Choice organizations, including monthly adjusted capitation rates. Requires the Secretary to issue interim regulations regarding standards for Medicare Choice organizations and products within 180 days after the date of enactment of this subtitle, with such regulations to be effective through the end of 1999. Directs the Secretary to develop permanent standards under this subtitle, consulting with the National Association of Insurance Commissioners in doing so, with such standards to be effective for periods beginning on or after January 1, 2000. Directs the Secretary to establish a process for the certification of Medicare Choice organizations and products. Involves the Secretary of Labor in such process with respect to union sponsors and Taft-Hartley sponsors. Outlines the certification process, including the use of private accreditation processes. Requires Medicare Choice organizations to contract with the Secretary, subject to specified requirements. Permits certain demonstration projects for high deductible-Medisave products, and lists special rules relating to enrollment and benefits with regard to such products, requiring, among other things, payments to the Medicare Choice MSAs of individuals electing high deductible-Medisave products under such projects. (Sec. 8003) Directs the Secretary to report to the Congress on alternative provider payment approaches under Medicare along with recommendations for implementing and testing such approaches and any legislation that may be required for such purpose. Directs the Secretary to work with employers and health benefit plans to develop standards and payment methodologies to allow retired workers to continue to participate in employer health plans instead of participating in the Medicare program. Provides for a similar congressional report with regard to such matter. (Sec. 8004) Sets forth transition rules for current Medicare health maintenance organization (HMO) programs. (Sec. 8011) Amends the Internal Revenue Code to exclude from an individual's gross income any Federal payment to his or her Medicare Choice MSA, but include any MSA distribution not used to pay the account holder's qualified medical expenses. Excludes the value of such an MSA from the account holder's gross estate. Exempts an account holder from the excise tax on prohibited transactions even if an MSA ceases to be a Medicare Choice MSA because a distribution was not used to pay qualified medical expenses. Excludes further from gross income any Medicare part B premium discount rebate. (Sec. 8021) Declares that, in any Federal or State antitrust action, the conduct of a provider service network (and any member of such network) in negotiating, making, or performing a contract, to the extent such contract is for providing services under a Medicare Choice provider-sponsored organization (PSO) contract, shall not be illegal per se. Subjects such conduct to the antitrust rule of reason standard. (Sec. 8031) Amends SSA title XVIII to establish the Medicare Payment Review Commission (replacing the Prospective Payment Assessment Commission (ProPAC) and the Physician Payment Review Commission (PPRC), hereby abolished) which shall, among other things, review program payment policies (including those under the new Medicare Choice program) for appropriate recommendations to the Congress concerning such policies. Authorizes appropriations. (Sec. 8032) Creates the Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately 2010 and last for approximately 25 years; and (2) make specific recommendations to the Congress about a comprehensive approach to preserve Medicare for the period during which such individuals are Medicare-eligible. Authorizes appropriations. (Sec. 8041) Preempts State law restrictions on managed care arrangements and utilization review programs. Subtitle B: Provisions Relating to Regulatory Relief - Amends SSA titles XI and XVIII, as well as the Omnibus Budget Reconciliation Act of 1993, to outline various specified revisions to Medicare physician referral prohibitions and anti-kickback and other penalties for the purpose of achieving Medicare regulatory relief. (Sec. 8101) Includes among such revisions: (1) removal of compensation arrangements from the proscribed financial arrangements between a physician and any entity to which he or she may refer a Medicare beneficiary (thus limiting proscribed financial arrangements to an ownership or investment interest in the entity); (2) limitation of the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services; (3) repeal of the mandate for the Medicare and Medicaid Coverage Data Bank; and (4) the issuance of advisory opinions under SSA title XI. (Sec. 8104) Revises exceptions to the prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of-service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services and services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility. (Sec. 8111) Directs the Attorney General to provide for the development and publication of explicit guidelines on the application of antitrust laws to the activities of health plans, and establish a review process under which a plan administrator or sponsor may submit a request to obtain a prompt opinion from the Department of Justice (DOJ) on the plan's conformity with the Federal antitrust laws. (Sec. 8112) Outlines requirements for issuance (or denial) by the Attorney General of health care certificates of public advantage to requesting eligible health care collaborative activities if the benefits likely to result from such an activity outweigh any reduction in competition likely also to result and if such reduction is necessary to obtain benefits. Provides for judicial review with regard to such matter. (Sec. 8113) Requires the Attorney General, to report annually to the Congress, as part of the annual budget oversight proceedings, on DOJ's Antitrust Division in order for the Congress to determine how enforcement of antitrust laws is affecting the formation of joint ventures, and if such certificates have resulted in undesirable reduction in competition in the health care marketplace. (Sec. 8114) Exempts specified antitrust laws, under certain conditions, from applying with respect to: (1) the merger of, or the attempt to merge, two or more hospitals; (2) a contract entered into solely by two or more hospitals to allocate hospital services; or (3) the attempt by only two or more hospitals to enter into a contract to allocate hospital services. (Sec. 8121) Outlines various specified measures with respect to health care liability designed to provide for malpractice reform that, among other things, include: (1) a statute of limitations for medical malpractice claims, with exceptions for minors; (2) a limitation on noneconomic damages; and (3) standards for using alternative dispute resolution (ADR) in such matters as an initial attempt to resolve them before they may be brought in State or Federal court. Includes special provisions for certain obstetric services. Requires certain reports on the implementation and effectiveness of ADR systems for the Congress. (Sec. 8151) Modifies under Medicare the payment areas used to determine Medicare payments for physicians' services under such program while ensuring budget-neutrality. Subtitle C: Medicare Payments to Health Care Providers - Provides for a one-year general freeze in payments to Medicare providers during FY 1996, with similar freezes for skilled nursing facilities and home health agencies under the Omnibus Budget Reconciliation Act of 1993. (Sec. 8211) Revises Medicare provisions for payments for physicians' services, replacing the volume performance standard with sustainable growth rate and establishing a single conversion factor for 1996, among other changes. (Sec. 8221) Provides for a reduction in update for inpatient hospital services for FY 1997 through 2002. (Sec. 8222) Eliminates formula-driven overpayments for ambulatory surgical center procedures and radiology services and diagnostic procedures. (Sec. 8223) Requires the Secretary to establish a prospective payment system (PPS) for hospital outpatient services. (Sec. 8224) Reduces Medicare payments to hospitals for inpatient capital-related costs. (Sec. 8225) Places a moratorium on PPS exemption for long term care hospitals. Directs the Secretary to submit to the Congress recommendations for modifications to the standards used to determine whether a hospital is classified as a long-term care hospital for purposes of determining the amount of payment to the hospital under Medicare part A for the operating costs of inpatient hospital services. (Sec. 8231) Sets forth provisions affecting home health and other specified providers, including providers of durable medical equipment and nursing homes, with similar payment changes and reductions and certain coverage limitations and incentives for cost-efficient management. Requires the Secretary to expand PPS research for home health agencies. (Sec. 8235) Freezes payments for clinical diagnostic laboratory tests. (Sec. 8241) Adds a new SSA title XXI (Teaching Hospitals and Graduate Medical Education Trust Fund) establishing in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund for payments to teaching hospitals out of specified transfers from the Medicare trust funds and other amounts. Provides within HHS for a temporary advisory counsel (the National Advisory Council on Postgraduate Medical Education) to advise the Secretary on postgraduate medical education financing for assuring an adequate supply of trained specialists consistent with our country's health care needs. (Sec. 8242) Modifies payment policies under Medicare regarding indirect costs of graduate medical education, reducing payment adjustments for indirect medical education. Subtitle D: Provisions Relating to Medicare Beneficiaries - Makes specified changes with regard to the Medicare part B premium, including freezing it for 1996. (Sec. 8302) Amends the Internal Revenue Code to make the full cost of Medicare part B coverage payable by high-income individuals. (Sec. 8303) Provides annual screening mammography for women over age 49, plus expanded coverage of other preventive benefits under Medicare such as colorectal screening, prostate cancer screening tests and diabetes outpatient self-management training services. Subtitle E: Medicare Fraud Reduction - Outlines various specified measures designed for preventing fraud and abuse under the Medicare program or a State health care program, including among them in addition to the special fraud alerts initially set out: (1) special outreach and other efforts by the Secretary which include establishing a beneficiary incentive program for collecting information on fraud and abuse under Medicare; (2) establishment of the Medicare Integrity Program and associated Anti-Fraud and Abuse Trust Fund for contracting out to eligible private entities specified anti-fraud and abuse activities; (3) establishment by the Secretary of certain fraud reduction demonstration projects; and (3) provide direct spending for Medicare-related anti-fraud activities of the HHS Inspector General. Provides appropriations from the Anti-Fraud and Abuse Trust Fund to carry out the Medicare Integrity Program. (Sec. 8407) Requires the Secretary to recommend to the Congress legislative changes to the Medicare program to enable the prices paid for items and services under it to be established on a more competitive basis. Subtitle F: Improving Access to Health Care - Outlines various specified changes with regard to rural hospitals for the purpose of improving access to health care in rural areas, among other changes, by establishing a rural emergency access care hospital program and a system of additional payments under Medicare for physicians' services furnished in shortage areas. Reduces updates for sole community hospitals. Requires the Medicare Payment Review Commission to study and report to the Congress on the impact of the designation of hospitals as sole community hospitals under the Medicare program on the delivery of health care services to individuals in rural areas. Prohibits denial of request for reclassification of rural referral centers on basis of comparability of wages. Provides for State and consortium demonstration projects for increasing the number of medical students entering primary case practice relative to those entering nonprimary care practice. Requires the Secretary to develop and publish a model law that may be adopted by States to increase the access of individuals residing in underserved rural areas to health care services by expanding the services which non-physician health care professionals may provide in such areas. (Sec. 8512) Amends the Internal Revenue Code to exclude national health service corps loan repayments from gross income. (Sec. 8513) Directs the Secretary to establish a methodology for making payments under Medicare part B for telemedicine services furnished on an emergency basis to individuals residing in an area designated as a health professional shortage area. (Sec. 8514) Provides for an HHS demonstration project to assess the advantages and disadvantages of requiring Medicare Choice organizations to market their products in certain underserved areas which are near the standard service area for such products. (Sec. 8521) Provides for Medicare program payments for health care services provided in the military health services system. Subtitle G: Other Provisions - Provides, with regard to Medicare as secondary payer, for: (1) extension and expansion of existing requirements; (2) recovery against third party administrators of primary plans; and (3) prohibition of retroactive application (before April 24, 1995) of a certain policy directive regarding end stage renal disease beneficiaries enrolled in primary plans. (Sec. 8602) Repeals the Medicare and Medicaid Coverage Databank under SSA title XI. (Sec. 8603) Provides that nothing in SSA title XVIII may be construed to prohibit coverage under Medicare part A or B of items and services associated with the use of a medical device in the furnishing of inpatient hospital services solely on the grounds that the device is not an approved device, if it is an investigational device and is used instead of an approved device. States that the amount of Medicare payment for any item or service associated with the use of an investigational device in the furnishing of such services may not exceed the amount of the payment which would have been made for the item or service if it were associated with the use of an approved device. (Sec. 8604) Excludes from Medicare coverage items or services used for euthanasia. (Sec. 8605) Extends Medicare coverage of, and application of the hospital insurance tax to, all State and local government employees. Authorizes appropriations. Subtitle H: Monitoring Achievement of Medicare Reform Goals - Directs the Secretary to establish budgetary and program goals for the Medicare program that are consistent with: (1) specified restrictions on total Medicare outlays for FY 1996 through FY 2002; and (2) an equitable distribution of funds between per beneficiary spending on payments to Medicare Choice organizations and spending on fee-for-service payments to Medicare providers. Requires such goals also to be consistent with the establishment of payments to such organizations in a manner that: (1) promotes the availability of Medicare Choice products in all regions of the country; and (2) permits such organizations to offer adequate coverage. (Sec. 8702) Establishes the Medicare Reform Commission to examine how Medicare has met such goals, with recommendations concerning any problems found to exist submitted to the President for transmittal with corrections to the Congress for action. Authorizes appropriations. Subtitle I: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions - Establishes under Medicare part B in the Treasury the Federal Medicare Growth Reduction Trust Fund for the savings under such part that are attributable to this Act. Subtitle J: Clinical Laboratories - Amends the Public Health Service Act to exempt from certification requirements under such Act clinical laboratories in physician offices (except when pap smear analysis is performed). Title IX: Welfare Reform - Subtitle A: Temporary Employment Assistance - Replaces the current Aid to Families with Dependent Children (AFDC) Program under SSA title IV part A with a Temporary Employment Assistance (TEA) program for the purpose of providing assistance to families with needy children and assisting parents of such children to obtain and retain private sector work to the extent possible, and public sector or volunteer work if necessary, through the Work First Employment Block Grant program. Authorizes appropriations. (Sec. 9101) Sets forth State TEA plan elements necessary for plan approval by the Secretary of Health and Human Services (HHS). Includes among them, in addition to certain administrative requirements for ensuring that families on TEA assistance become self-sufficient, the following key elements: (1) limited time for cash assistance, with specified exceptions for teen parents, hardship situations, and individuals exempt from certain work requirements under this title because of illness or other specified reasons; (2) assessment, before such individuals may receive TEA assistance, of the skills, prior work experience, and employability of each applicant for, and recipient of, TEA assistance who has attained age 18 or has not obtained a high school education, and is not attending secondary school; (3) development of an individual responsibility plan on the basis of such assessment, setting forth certain job search, work-, and education-related obligations (including, at State option, appropriate substance abuse treatment) of such individuals in order for them to receive the full amount of TEA assistance (denying it for plan noncompliance after the third offense); (4) State operation a Work First Program (replacing the current Job Opportunities and Basic Skills Training (JOBS) program) and a workfare or job placement voucher program for individuals prohibited from participation in the Work First program; (5) assurance that all such applicants and recipients will cooperate in paternity establishment and enforcement of child support obligations, and that the State agency will report known or suspected instances of child abuse to the appropriate authorities; (6) State efforts to promote family preservation and stability; and (7) denial of TEA assistance for fraudulent statements made with regard to residence in order to obtain multiple assistance payments and for probation and parole violators. Outlines State payment and miscellaneous State plan quality assurance and data collection, compilation, and reporting requirements, as well as certain research, demonstration, and evaluation requirements (including requirements for the Secretary to establish certain regional information centers for disseminating information concerning welfare reform) with regard to the different State approaches to operating welfare programs under this subtitle. Provides that, upon receiving notice from a State agency administering an approved plan that a named individual has been overpaid under it, the Secretary of the Treasury shall: (1) determine whether any tax refunds are payable to such individual, regardless of whether he or she filed a return as a married or unmarried individual; and (2) withhold from any such refunds an amount equal to the overpayment sought to be collected, and pay it to the State agency. Requires the Secretary to issue regulations allowing a State to submit requests for collection of overpayments only with respect to individuals no longer receiving TEA assistance against whom the State has already taken appropriate action, including notice of its intent to request such withholding of income tax refunds. Specifies rules for the collection of overpayments under SSA title IV part A. Subtitle B: Make Work Pay - Amends SSA title XIX (Medicaid) to give States the option of providing for an extension of Medicaid enrollment for former AFDC recipients for one additional year. (Sec. 9202) Requires State TEA, food stamp, and Medicaid plans to provide their respective applicants and former recipients with written notice of the existence and availability of the earned income tax credit, with changes under the Omnibus Budget Reconciliation Act of 1990 providing for such notice of availability to be included on employee W-4 forms. (Sec. 9204) Amends the Internal Revenue Code (IRC) to provide for State demonstrations for advance payment of earned income tax credit. Authorizes appropriations. (Sec. 9205) Repeals the Child Care and Development Block Grant Act of 1990 and provides for funding of child care services through the program under SSA title XX (Block Grants to States for Social Services), with limited funding for child care grants under such program to supplement State and local funds as well as Federal funds provided under other Acts for child care activities. Requires the appropriate State agencies under such program to guarantee child care for participants involved in the education, training, community service, and employment initiatives above connected with State TEA programs. (Sec. 9206) Amends IRC to: (1) include TEA, food stamp, and supplemental security income (SSI) assistance in gross income and exclude such benefits from being taken into account for purposes of the earned income tax credit; and (2) make the dependent care credit refundable and exclude certain high-income taxpayers from being eligible for such credit. Subtitle C: Work First - Replaces the JOBS program under SSA title IV part F with the Work First program under which States have the option of offering a wide variety of job-related activities (including use of job placement companies) to TEA program participants in order to provide them in a cost-effective fashion with the support and skills necessary to obtain and keep full-time unsubsidized employment, preferably in the private sector. (Sec. 9301) Outlines various specified: (1) program components, including microenterprise initiatives, workfare or community service programs, work supplementation programs for jobs with the State or jobs subsidized by the State in the private sector, job placement voucher programs for States not operating a workfare or community service program, and mandatory job search requirements; and (2) associated rules, cost limits, participation and funding requirements, and performance standards for measuring the effectiveness of such programs. Expresses the intent of the Congress that State job-related activities emphasize the use of funds that would otherwise be used to provide individuals with TEA and food stamps to subsidize the wages of such individuals in temporary jobs. Expresses the sense of the Congress that States should target individuals below age 25 for participation in the Work First program in order to break the cycle of welfare dependency. Subtitle D: Family Responsibility and Improved Child Support Enforcement - Chapter 1: Eligibility and Other Matters Concerning Title IV-D Program Clients - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require States to have statutorily prescribed procedures to: (1) record child support orders in a central case registry; and (2) collect child support payments through a centralized collections unit. Permits parties to a child support order to opt for an alternative payment procedure. (Sec. 9401) Revises the guidelines for: (1) State plans for child and spousal support; and (2) payments distribution. (Sec. 9403) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Chapter 2: Program Administration and Funding - Revises the formula for: (1) Federal matching payments to the States; and (2) incentive adjustments to the Federal matching rate. (Sec. 9413) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 9415) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 9416) Directs the Secretary of Health and Human Services to conduct staffing studies of each State child support enforcement program and to report the results to the Congress. (Sec. 9417) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Chapter 3: Locate and Case Tracking - Mandates that the single statewide automated data system function as a single central case registry of State-provided services and support orders. Delineates contents of case records and data matching activities, including data exchange with sister States. (Sec. 9422) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 9423) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 9425) Revises the Federal Parent Locator Service to add kinds of information which may be transmitted to locate individuals and assets for purposes of establishing parentage and executing child support obligations. Requires the Secretary to establish in the Service a Data Bank of Child Support Orders and an automated directory of New Hires. (Sec. 9426) Requires State plans to include procedures for recording social security numbers on certain family legal documents and records. Chapter 4: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. (Sec. 9432) Amends the Federal judicial code to revise the procedures for a court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 9433) Amends SSA title IV part D to revise State plan guidelines for mandatory expedited administrative and judicial procedures to include: (1) authorized genetic testing to establish paternity; and (2) the securing of assets and increasing of monthly payments to satisfy a support arrearage. Chapter 5: Paternity Establishment - Expresses the sense of the Congress that social services should be provided in hospitals to women who have become pregnant as a result of rape or incest. (Sec. 9442) Requires State laws to prescribe procedures for parenting counseling for new fathers that stresses the importance of paying child support. (Sec. 9443) Requires State plans to prescribe specified administrative procedures governing agency determination as to whether an individual is cooperating with efforts to establish paternity and secure support, or has good cause not to cooperate with such efforts. (Sec. 9444) Increases the base matching rate for Federal payments to the States for grants for dependent children. (Sec. 9445) Revises the guidelines for statutorily prescribed procedures governing genetic testing and outreach for voluntary paternity acknowledgment. Chapter 6: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to develop a national child support guideline for consideration by the Congress that is based on a study of various guideline models, the benefits and deficiencies of such models, and any needed improvement. (Sec. 9452) Revises the requirements for State plan procedures for the review and adjustment of support orders. Chapter 7: Enforcement of Support Orders - Amends the Internal Revenue Code to revise the order of refund distribution with respect to past-due support owed to individuals. (Sec. 9463) Amends SSA title IV part D to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of current and retired members of the armed forces. (Sec. 9465) Requires States to have statutorily prescribed procedures for: (1) placing liens for child support arrearages on motor vehicle titles of the debtor; (2) voiding fraudulent transfers by a child support debtor; (3) suspending any driver's, business, or occupational license issued to any person who owes past-due child support; (4) reporting to credit bureaus the name of the parent in arrears for child support; (5) extending the statute of limitations for collection of child support arrearages; and (6) calculating interest or penalties on such arrearages. (Sec. 9471) Prescribes procedural guidelines for passport denial (including revocation) upon certification of nonpayment of child support. (Sec. 9472) Expresses the sense of the Congress that the United States should ratify the United Nations Convention of 1956. Requires State plans to provide that the State must treat international child support cases as interstate cases. (Sec. 9473) Requires States to have statutorily prescribed procedures under which failure to pay child support arrearages results in seizure by a State agency of: (1) insurance settlements or payouts; (2) judicial awards; (3) sale of forfeited property; and (4) bequests. (Sec. 9474) Requires State plans to include procedures under which grandparents are liable for the financial support of the children of their minor children. (Sec. 9475) Expresses the sense of the Congress that the States should develop programs specifically designed to work with noncustodial parents who are unable to meet their child support obligations. Chapter 8: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. Chapter 9: Food Stamp Program Requirements - Amends the Food Stamp Act of 1977 to set forth as a prerequisite to eligibility for the Food Stamp Program cooperation by the custodial parent with child support agencies regarding paternity and child support. (Sec. 9492) Denies eligibility to participate in the Food Stamp Program to any individual that is delinquent in any court-ordered payment for child support. Chapter 10: Effect of Enactment - Sets forth effective dates for portions of this title. Subtitle E: Teen Pregnancy and Family Stability - Amends Title IV part A (AFDC) to prescribe guidelines under which State plans may deny temporary employment assistance to recipient families having additional children while receiving such assistance. (Sec. 9502) Requires State plans to set as a prerequisite for temporary employment assistance to pregnant unwed minors (or minors with needy children in their care), that such individuals reside in certain supervised living arrangements with an adult relative or legal guardian. (Sec. 9503) Amends title XX (Block Grants to States for Social Services) to establish a National Clearinghouse on Adolescent Pregnancy Prevention Programs. Enumerates maximum grant amounts for such Clearinghouse. (Sec. 9504) Amends Title IV part A (AFDC) to require that State plans mandate completion of high school or other training for custodial teenage parents who are required to participate in the Work First program. Authorizes States to provide additional incentives and penalties to encourage teen parents to complete high school and participate in parenting activities. (Sec. 9505) Denies Federal housing benefits to minors who bear children out-of-wedlock, with specified exceptions. (Sec. 9506) Amends Title IV part A (AFDC) to prescribe guidelines under which State plans are granted the option of denying temporary employment assistance to minor parents. Subtitle F: SSI Reform - Amends SSA title XVI (Supplemental Security Income) (SSI) to revise the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under age 18 who is receiving SSI benefits based on a disability as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the amendments of this subtitle. (Sec. 9602) Provides that not less frequently than once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained 18 years of age and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian of a recipient whose case is so reviewed to present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under the SSI program. Provides that if an individual is eligible for SSI benefits by reason of disability for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Specifies requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. (Sec. 9603) Revises representative payee requirements. (Sec. 9604) Denies SSI by reason of disability to drug addicts and alcoholics for whom the addiction or alcoholism is a contributing factor material to the determination of disability. Provides that, out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall pay to the Director of the National Institute on Drug Abuse specified amounts for expenditure on drug treatment and drug abuse and drug treatment research for FY 1997 through 2000. (Sec. 9605) Denies SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States. (Sec. 9606) Denies SSI benefits for fugitive felons and probation and parole violators and provides for exchange of SSI information with law enforcement agencies. (Sec. 9607) Outlines reapplication requirements for adults receiving SSI benefits by reason of disability. Authorizes appropriations. (Sec. 9608) Provides for a reduction in the unearned income exclusion under provisions for determining the income of an individual and his eligible spouse under SSI. Subtitle G: Food Assistance - Chapter 1: Food Stamp Program - Amends the Food Stamp Act of 1977 (Act) to establish food stamp program (program) certification periods of: (1) 24 months for households whose adult members are elderly or disabled; and (2) not more than 12 months for all other households. Includes energy assistance in household income determinations. Excludes Job Training Partnership Act income from such determinations. Excludes life insurance policies from family resource determinations. (Sec. 9703) Authorizes the Secretary of Agriculture (Secretary), with regard to retail food stores and wholesale food concerns (stores), to: (1) establish authorization periods for coupon acceptance and redemption; and (2) establish specific time periods for prohibiting program participation of stores based on lack of business integrity. (Sec. 9705) Includes sales tax information among the types of eligibility verification information which may be requested. (Sec. 9706) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 9708) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 9709) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 9710) Provides for permanent disqualification of a store that knowingly submits a falsified application. (Sec. 9711) Expands civil and criminal forfeiture for specified violations of the Act. (Sec. 9712) Amends the Social Security Act as amended by the Social Security Administrative Reform Act of 1994, and the Internal Revenue Code as added to by the Social Security Administrative Reform Act of 1994, to authorize information sharing with State WIC enforcement instrumentalities. (Sec. 9713) Amends the Act to expand the definition of "coupon." (Sec. 9714) Increases penalties for specified program violations. (Sec. 9715) Makes the collection of over-issuance of coupons from Federal pay or Federal tax refunds (as authorized by this section) mandatory. (Sec. 9716) Encourages and authorizes States to implement electronic benefit transfer systems. (Sec. 9717) Reduces annual "thrifty food plan" adjustments. (Sec. 9718) Freezes standard deduction adjustments for two years. (Sec. 9720) Disqualifies an individual from program participation for: (1) participation in two or more States; and (2) child support arrears. (Sec. 9722) Authorizes the use of program information to assist in locating fugitive felons. (Sec. 9723) Defines "work program." Makes nonexempt persons ineligible for program benefits if during the preceding 12-month period they received food stamps for six months or more without working at least 20 hours per week, or participating in a workfare program. Sets forth exempted persons and situations. Revises work requirement and employment and training provisions. Extends employment and training funding authorizations. (Sec. 9725) Extends current claims retention rates. (Sec. 9726) Extends Puerto Rico block past assistance. (Sec. 9727) Treats children who are themselves parents living with their children and married children living with their spouses as part of an existing household rather than as a separate household. Chapter 2: Commodity Distribution - Commodity Distribution Act of 1995 - Authorizes the Secretary to purchase and distribute food assistance commodities to the States. (Sec. 9753) Requires the Secretary to establish procedures for supplemental State, local, and private commodity donations. (Sec. 9754) Requires a State seeking commodity assistance to submit an administrative plan every four years to the Secretary. (Sec. 9755) Establishes program allocation guidelines. Requires States to make emergency feeding organizations their first priority. (Sec. 9756) Authorizes the Secretary to use Commodity Credit Corporation (CCC) funds to pay initial commodity processing and packaging costs. (Sec. 9758) Authorizes program appropriations, including a separate authorization of appropriations for administrative costs. (Sec. 9760) Obligates specified funds for a commodity supplemental food program for women, infants, and children or the elderly. Requires the CCC to donate specified amounts of cheese and nonfat dry milk to such program. (Sec. 9761) States that commodities received under this title shall not be considered income or resources for any Federal, State, or local means-tested program. (Sec. 9768) Repeals the Emergency Food Assistance Act of 1983. Eliminates specified provisions of: (1) the Commodity Distribution Reform Act and WIC Amendments of 1987; (2) the Charitable Assistance and Food Bank Act of 1987; (3) the Food Security Act of 1985; (4) the Agricultural and Consumer Protection Act of 1973; (5) the Food, Agriculture, Conservation, and Trade Act of 1990; and (6) the Hunger Prevention Act of 1988. Chapter 3: Other Programs - Amends the National School Lunch Act to prohibit an institution with more than one employee from participating in the child and adult care food program if employee payments are based upon the number of day care homes recruited, managed, or monitored. Revises day care home reimbursement provisions, including sponsor payments. Obligates specified FY 1996 funds for State grants to family or group day care homes. Requires specified census data to be provided to day care sponsoring organizations. (Sec. 9782) Amends the Child Nutrition Act of 1966 to authorize appropriations (current authorization is discretionary) for the nutrition education and training program. Subtitle H: Treatment of Aliens - Extends the period of sponsor attribution of income and resources (to an alien) under the statewide temporary assistance program (TEA), the supplemental security income program (SSI), and the food stamp program through the date (if any) of such alien's citizenship. Sets forth exceptions based upon age, military or veteran status, family status, domestic violence, or taxpaying status. (Permits Medicaid eligibility.) Amends the Social Security Act to set forth TEA rules regarding income and resource attribution. (Sec. 9802) Amends the Immigration and Nationality Act to set forth rules for sponsor affidavits of support. (Sec. 9803) Extends affidavit of support requirements to family- related and diversity immigrants. Subtitle I: Earned Income Credit - Amends the Internal Revenue Code to require an individual claiming the earned income tax credit to include the individual's and, if married, the spouse's social security number on the individual's tax return. Title X: Reductions In Corporate Tax Subsidies and other Reforms - Revenue Reconciliation Act of 1995 - Subtitle A: Tax Treatment of Expatriation - Sets forth the tax responsibilities of: (1) any U.S. citizen who relinquishes his or her U.S. citizenship; or (2) any long-term U.S. resident who commences to be treated as a resident of a foreign country under provisions of a tax treaty and who does not waive the benefits of such treaty applicable to residents of the foreign country. Allows an exclusion from gain of up to $600,000. Permits an expatriate to elect to continue to be taxed as a United States citizen, in which case the provisions applicable to other expatriates will not apply. Provides for the determination of the basis of the assets of a nonresident alien individual who becomes a U.S. citizen or resident. Subtitle B: Modification to Earned Income Credit - Amends the Internal Revenue Code to include capital gain net income in the definition of disqualified income for purposes of the denial of the earned income credit for individuals having excessive income. Subtitle C: Alternative Minimum Tax on Corporations Importing Products into the United States at Artificially Inflated Prices - Imposes an alternative minimum tax on certain corporations equal to four percent of their net business receipts for a taxable year. Imposes such tax on a corporation (foreign or domestic) if: (1) its gross sales in the United States of manufactured parts or products exceeded $10 million; (2) it imported such products with a customs value in excess of $10 million (artificially inflated prices); and (3) its tax obligation under the alternative minimum tax exceeds its total tax obligation. Subtitle D: Tax Treatment of Certain Extraordinary Dividends - Provides, with respect to a corporate shareholder's basis in stock reduced by the non-tax portion of extraordinary dividends, that if the non-taxed portion of such dividends exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. Subtitle E: Foreign Trust Tax Compliance - Revises the requirements regarding information that must be reported regarding certain foreign trusts. Modifies the circumstances (with regard to foreign trusts having one or more U.S. beneficiaries) in which a transferor is treated as the owner. Replaces provisions setting forth a special rule applicable to foreign grantors with provisions declaring that provisions relating to treating grantors and others as substantial owners shall apply only when that application results in an amount being currently taken into account in computing the income of a U.S. citizen or resident or a domestic corporation. Requires a United States person to report information regarding foreign gifts or bequests when the gifts' aggregate value during a taxable year exceeds $10,000. Modifies requirements regarding the interest charge on accumulation distributions from foreign trusts. Changes the circumstances in which an estate or trust is included in the definition of "United States person." Modifies the definition of "foreign estate or trust." Requires (for provisions relating to the imposition of a tax on transfers to avoid income tax) treating a trust which is not a foreign trust and which becomes a foreign trust as having transferred, immediately before becoming a foreign trust, all of its assets to a foreign trust. Subtitle F: Limitation on Section 936 Credit - Revises the Puerto Rico and possessions tax credit. Provides for a five year phasedown with respect to such credit. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Permanent Extension of Temporary Authorities - Makes permanent the: (1) requirement that non-service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs; (2) authority of the Department to recover from primary insurers the cost of care furnished to veterans in Department health-care facilities; (3) authority to verify a veteran's income for purposes of eligibility for needs-based benefits; (4) pension payment limitation of $90 monthly to Medicaid-eligible veterans and their surviving spouses who have no dependents and who reside in Medicaid-participating nursing homes; (5) authority of the Secretary of Veterans Affairs to charge and collect a home loan fee for Department-guaranteed housing loans; and (6) procedures applicable upon default of such guaranteed loans. Subtitle B: Other Matters - Revises the Government's liability standard for injuries or death resulting from Department treatment to allow compensation to be awarded for the additional disability in the same manner as if the disability or death were service-connected. Provides proximate cause requirements. (Sec. 11022) Extends through FY 1996 (currently, December 31, 1995) the authority of the Secretary to guarantee the real estate mortgage investment conduits used to market pools of veterans' loans. (Sec. 11023) Authorizes the Department to collect veterans' home loan guaranty debts in the same manner as all other debts arising under Department programs. Requires the Department to provide affected individuals with notice of the procedure for appealing the collection determination. Subtitle C: Health Care Eligibility Reform - Revises provisions concerning a veteran's eligibility for hospital care and medical services to: (1) allow such care to be provided only to the extent that amounts are provided in advance in appropriations Acts; and (2) provide full eligibility for both hospital and outpatient care for service-disabled veterans, former prisoners of war, veterans of the Mexican border period or World War I, low-income veterans, and veterans who were exposed to a toxic substance, radiation, or an environmental hazard while on active duty. (Sec. 11032) Extends through December 31, 1998, the authority to provide priority hospital care and medical services for certain Persian Gulf War veterans. (Sec. 11033) Makes certain veterans eligible for prosthetic devices as long as they are receiving ongoing care through the Department. (Currently, hospitalization is required before such veterans are so eligible.) (Sec. 11034) Directs the Secretary, in managing the provision of hospital care and medical services, to establish and operate a system of annual patient enrollment, with specified patient priorities. Requires the system to be managed to assure the provision of timely and quality care. Requires the Secretary to establish and manage Department health-care programs in a manner which promotes cost- effective delivery of health care services in the most clinically appropriate setting. Requires the Department to maintain its capacity to provide for specialized needs of certain disabled veterans. (Sec. 11035) Amends the Veterans Health Care Act of 1992 to repeal a provision which terminates on October 1, 1996, the authority of the Secretary to enter into health care resource sharing agreements with the Department of Defense. Entitles the Unites States to recover from primary insurance providers the cost of care or services provided under such Act through a Department medical facility. (Sec. 11036) Repeals a statement of congressional purpose with respect to the Department's sharing of specialized medical facilities, equipment, and information. Expands such sharing authority to include all health care resources and to allow health care providers, plans, and insurers, or other entities or individuals to participate in such sharing arrangements. Increases the authorized payment terms with respect to shared resources. (Currently, only reciprocal reimbursement is permitted.) Allows the Secretary to enter into such arrangements for the treatment of non-veterans only in limited circumstances. (Sec. 11037) Exempts from Department medical personnel ceiling limits all positions held by persons involved in providing health-care resources under sharing arrangements. Title XII: Legislative Branch - Requires that any unobligated funds following a fiscal year from the official expenses allowance of the House of Representatives be dedicated to the Deficit Reduction Fund. Title XIII: Miscellaneous Provisions - Eliminates the disparity between the effective dates for the military and civilian retiree cost-of-living adjustments for FY 1996, 1997, and 1998. Provides for the disposal of specified quantities of the following materials from the National Defense Stockpile: (1) cobalt; (2) aluminum; (3) ferro columbium; (4) germanium; (5) palladium; (6) platinum; and (7) rubber. Requires that certain executive branch agencies prepay the Government contributions which are or will be required in connection with providing health-benefits coverage for annuitants of such agencies. Amends the Internal Revenue Code to extend for seven years the Hazardous Substance Superfund Financing Rate and the repayment date for Superfund borrowing. Title XIV: Budget Process Provisions - Balanced Budget Enforcement Act of 1995 - Establishes a Board of Estimates which shall issue a report stating whether it has chosen the sequestration preview report and final sequestration report of the Office of Management and Budget or the reports of the Congressional Budget Office. Permits the Board to change the list of major estimating assumptions to be used by the Office of Management and Budget and the Congressional Budget Office. Subtitle B(sic): Discretionary Spending Limits - Amends the Congressional Budget Act of 1974 establish discretionary spending limits for FY 1996 through 2002. Extends congressional committee allocation and enforcement provisions and the applicability of certain points of order through 2002. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise and extend the budgetary amounts through FY 2000 for the Violent Crime Reduction Trust Fund. Revises the general statement of budget enforcement to apply to discretionary spending limits and pay-as-you-go requirements rather than expired maximum deficit amounts. Extends enforcement of discretionary spending limits through FY 2002. Subtitle C: Pay-As-You-Go Procedures - Permanently extends pay-as-you-go provisions (except for the emergency legislation provision which is repealed) and provides for ten-year scorekeeping. Subtitle D: Miscellaneous - Repeals effective date provisions of title II of Gramm-Rudman-Hollings. Subtitle E: Deficit Control - Establishes decreasing deficit targets for FY 1996 through 2002, with a target of zero for each FY after 2002. Sets forth procedures (including sequestration procedures)to be followed if the deficit exceeds the targeted amount for a fiscal year. Lists accounts and activities exempt from sequestration. Subtitle F: Line Item Veto - Makes provision for line item veto authority, which shall be effective unless disapproved by the passage, as specified, of a rescissions-receipts disapproval bill. Permits any Member of Congress to seek judicial review of any provision of this subtitle. Subtitle G: Enforcing Points of Order - Amends Congressional Budget Act of 1974 provisions concerning points of order in the Senate and House of Representatives. Subtitle H: Deficit Reduction Lock-box - Requires any appropriation bill being marked up or reported to contain a line item entitled "Deficit Reduction Lock-box". Specifies amounts which shall comprise such line in any reported: (1) general appropriations bill containing Treasury and Postal Service appropriations; (2) general appropriations bill; or (3) supplemental appropriations bill. Provides for the reduction of the discretionary spending limit for new budget authority by the amount of budget authority transferred to the Deficit Reduction Lock-box. Requires the Congressional Budget Office scorecard to include amounts contained in the Deficit Reduction Lock-box. Subtitle I: Emergency Spending; Baseline Reform; Continuing Resolutions Reform - Chapter 1: Emergency Spending - Provides for the establishment of a budget reserve account for the purpose of setting aside adequate funding for natural disasters and national security measures. Set forth provisions concerning: (1) points of order regarding emergencies; (2)congressional budget process changes; and (3) reporting. Chapter 2: Baseline Reform - Provides, when making baseline assumptions, for adjustments: (1) for inflation, only to adjust discretionary spending limits; and (2) to offset pay absorption and for pay annualization, only to adjust discretionary spending limits. Requires the President's budget to include estimated expenditures and appropriations for the current fiscal year. Requires the starting point for any congressional budget deliberations for the next fiscal year to be the estimated level of outlays for the current year in each function and subfunction. Chapter 3: Restricted Uses of Continuing Resolutions - Amends the Rules of the House of Representatives to: (1) prohibit any item of appropriation set forth in any joint resolution continuing appropriations, or amendment thereto, from exceeding the rate it would have been at assuming the continuation of current law; and (2) prohibit it being in order to consider any joint resolution continuing appropriations, or amendment thereto, which changes existing law. Subtitle J: Technical and Conforming Amendments - Makes technical and conforming amendments to: (1) the Congressional Budget and Impoundment Control Act of 1974; (2) the Rules of the House of Representatives; and (3) provisions concerning the President's budget. Subtitle K: Truth in Legislating - Requires the report or joint explanatory statement accompanying each House of Representatives reported bill or resolution of a public character to: (1) identify each provision benefitting ten or fewer persons, corporations, organizations, projects, or civil subdivisions; (2) name each beneficiary; (3) name sponsors; and (4) contain a cost estimate.
United States · United States Congress · 25 October 1995
TABLE OF CONTENTS: Title I: Tax Subsidy Reform Title II: Agricultural and Grazing Subsidies Title III: Aerospace and High-Technology Industry Subsidies Title IV: National Parks Concession Reform Title V: Miscellaneous Industry Subsidies Title VI: Effective Dates Corporate Responsibility Act of 1995 - Title I: Tax Subsidy Reform - Amends the Internal Revenue Code to terminate the foreign tax credit. Allows the deduction of foreign taxes for which the credit is made unallowable by this Act. (Sec. 103) Directs the Secretary of the Treasury to prescribe regulations regarding allocation of income and deductions which use a formulaic approach to clearly reflect income of multinational corporations. (Sec.104) Treats the gain or loss of a nonresident alien individual or foreign corporation that is a ten-percent shareholder in a domestic corporation upon disposition of such a corporation's stock as if the taxpayer were engaged during the taxable year in a trade or business within the United States and as if such gain or loss were attributable to a permanent U.S. trade or business establishment. Treats such gain or loss as from sources within the United States, notwithstanding source rules for personal property sales. Imposes a 26-percent minimum tax on nonresident alien individuals. Treats as stock, for purposes of these provisions, options or other rights to acquire a domestic corporation's stock, conversion features of debt instruments, and other interests in a domestic corporation other than those solely as a creditor. Treats as a dividend attributable to a domestic corporation's stock any gain which would be subject to tax but for a treaty and which results from a distribution in liquidation or redemption. Provides for the withholding of tax on such dispositions. Penalizes, and treats as tax evasion, the failure to pay the tax established by this Act where amounts were not deducted and withheld. Excepts such gain from the branch profits tax imposed on foreign corporations. Requires notice to the Secretary upon distributions by a U.S. person to a foreign person in redemption of stock or complete liquidation of a subsidiary. (Sec. 105) Removes the exemption of ten-percent shareholders from the tax on interest of nonresident alien individuals received from portfolio debt investments. Redefines portfolio interest as only interest paid on obligations issued by governmental entities. (Sec. 106) Terminates, effective with taxable years beginning January 1, 1996, the exclusion of foreign earned income and the housing cost amounts of U.S. citizens or residents living abroad. (Sec. 107) Terminates, effective with taxable years beginning January 1, 1996, the exclusion from gross income of exempt foreign trade income of foreign sales corporations. (Sec. 108) Revises rules for the determination of the income of controlled foreign corporations. Repeals provisions which reduce the controlled foreign corporation income of export trade corporations. (Sec. 109) Allows the Secretary to extend for an additional three years the limitation period for assessment of a foreign-related deficiency if the deficiency cannot be accurately assessed before the expiration of the usual three-year period because of delay or other taxpayer actions which prevented timely assessment of the deficiency. Defines a foreign-related deficiency as one: (1) of a 25-percent foreign-owned domestic corporation to the extent the deficiency is attributable to a transaction with a related party who is a foreign person; and (2) of a foreign corporation with respect to the tax on income for foreign corporations connected with U.S. business or the branch profits tax. Title II: Agricultural and Grazing Subsidies - Amends the Food Security Act of 1985 to decrease the $250,000 payment limitation under the farm commodity programs to $50,000. (Sec. 202) Repeals Title III (export enhancement program) of the Agricultural Trade Act of 1978. (Sec. 203) Eliminates tobacco price support and production adjustment programs. (Sec. 204) Amends the Agricultural Trade Act of 1978 to repeal provisions for the market promotion program. (Sec. 205) Authorizes the Secretary of Agriculture and the Secretary of the Interior to establish, beginning with the grazing season which commences on March 1, 1996, an annual domestic livestock grazing fee equal to fair market value with respect to certain National Forest lands where domestic livestock grazing is permitted under applicable law. Title III: Aerospace and High-Technology Industry Subsidies - Terminates Federal assistance for Sematech. (Sec. 302) Terminates Federal assistance under defense technology reinvestment programs. (Sec. 303) Terminates funding for the space station program. Title IV: National Parks Concession Reform - Repeals the Concessions Policy Act of 1965. (Sec. 405) Provides for a competitive selection process with respect to the provision of public accommodations, services, and facilities within the National Park System. Directs the Secretary to promulgate appropriate regulations establishing such process. (Sec. 406) Provides for the setting of franchise fees. (Sec. 407) Limits a concessions contract entered into pursuant to this Act for a term not to exceed ten years. (Sec. 408) Prohibits the transfer of a concessions contract without prior notification to, and approval of, the Secretary. (Sec. 409) Sets forth provisions concerning: (1) structures and facilities within a park; (2) recordkeeping; and (3) lease requirements. Title V: Miscellaneous Industry Subsidies - Requires sales of petroleum from the naval petroleum reserves to be made to the highest bidder at not less than the prevailing market price. (Sec. 502) Terminates the Tokamak Physics Experiment program of the Department of Energy. (Sec. 503) Amends the Intermodal Surface Transportation Efficiency Act of 1991 by eliminating funding for highway demonstration projects. (Sec. 504) Amends the Indian Gaming Regulatory Act by increasing from $1.5 million to $3 million the limit on amounts collected as fees from gaming activities to fund the National Indian Gaming Commission. (Sec. 505 Reduces from $75 billion to $37.5 billion the aggregate loan, guarantee, and insurance authority of the Export-Import Bank of the United States. Requires the Bank to charge and collect a fee (based on credit risk and not less than a fee that would be charged for a similar arms-length transaction in the private sector) for the provision of a guarantee, insurance, extension of credit, or for its participation in an extension of credit. (Sec. 506) Abolishes the Overseas Private Investment Corporation and transfers its functions relating to obligations effective on October 1, 1995, to the Department of State. Terminates all such remaining obligations when they expire. (Sec. 507) Terminates funding of nuclear weapons activities of the Department of Energy described under specified headings in Title III of the Energy and Water Development Appropriations Act of 1995. (Sec. 508) Terminates funding for carrying out fossil and nuclear energy research and development for any fiscal year after FY 1997. (Sec. 509) Amends the Arms Export Control Act to provide for recoupment of nonrecurring costs for certain sales of major defense equipment. Excludes from recoupment the sale of major defense equipment that is at least 90 percent paid for from funds transferred under the Foreign Assistance Act of 1961 or from funds made available on a grant or other nonrepayable basis under such Act. Amends the Arms Export Control Act to eliminate the authority to reduce or waive charges for costs in foreign military sales for NATO member countries and certain other countries. Title VI: Effective Dates - Sets forth effective date provisions.
United States · United States Congress · 24 October 1995
Fairness in Agriculture Act - Amends the Agricultural Act of 1949 to repeal price support authority. Amends the Commodity Credit Corporation Charter Act to eliminate Commodity Credit Corporation price support authority. Amends the Agricultural Adjustment Act of 1938 to repeal acreage allotment and marketing quota provisions.