Aviation

To transfer the Federal Aviation Administration Eastern Regional Office to Union County, New Jersey.

United States · United States Congress · 22 December 1995

Directs the Administrator of the Federal Aviation Administration (FAA) to transfer the Eastern Regional field office of the FAA to a municipality in Union County, New Jersey, with a population of under 55,000.

Aircraft Pilot Safety Act of 1995

United States · United States Congress · 13 December 1995

Aircraft Pilot Safety Act of 1995 - Directs the Administrator of the Federal Aviation Administration, after appropriate consultation, to develop an aircraft pilot reporting information and retrieval system containing standardized information on the quality of pilot performances in training activities. Requires all covered air carriers to use such information to evaluate applicants for pilot positions. Provides privacy protection with respect to such information. Directs the Administrator to report to the Congress a description of the aircraft pilot reporting system, as well as information concerning system costs and appropriate recommendations for system administration and necessary additional legislation, including possible legislation limiting the liability of covered air carriers and other persons who utilize the information provided through the system.

Judgment of the Court of First Instance (First Chamber) of 9 November 1995.#France-aviation v Commission of the European Communities.#Repayment of customs duties - Audi alteram partem - Special situation.#Case T-346/94.

European Union · Court of Justice of the European Union · 9 November 1995

Rural Air Service Survival Act

United States · United States Congress · 7 November 1995

Rural Air Service Survival Act - Directs an eligible public agency that controls a commercial service airport to impose an additional ten cent fee for each enplanement to provide funds to support a national aviation system, rural airspace safety, and rural air service, including the essential air service program. Authorizes the Secretary of Transportation to require an eligible agency to provide matching funds of up to ten percent for any payments it receives under this Act.

Balanced Budget Reconciliation Act of 1995

United States · United States Congress · 23 October 1995

TABLE OF CONTENTS: Title I: Committee on Agriculture, Nutrition, and Forestry Subtitle A: Commodity Programs Subtitle B: Conservation Subtitle C: Agricultural Promotion and Export Programs Subtitle D: Nutrition Assistance Title II: Committee on Armed Services Title III: Committee on Banking, Housing, and Urban Affairs Title IV: Committee on Commerce, Science, and Transportation Subtitle A: Communications Subtitle B: Oceans and Fisheries Subtitle C: Rail Infrastructure Title V: Committee on Energy and Natural Resources Subtitle A: United States Enrichment Corporation Subtitle B: Department of the Interior Conveyances Subtitle C: Arctic Coastal Plain Leasing and Revenue Act Subtitle D: Park Entrance Fees Subtitle E: Water Projects Subtitle F: Federal Oil and Gas Royalties Subtitle G: Department of Energy Subtitle H: Mining Subtitle I: Department of the Interior Subtitle J: Power Marketing Administrations Subtitle K: Radio and Television Communication Site Fees Subtitle L: Amendments to Outer Continental Shelf Lands Act Title VI: Committee on Environment and Public Works Title VII: Committee on Finance-Spending Control Provisions Subtitle A: Medicare Subtitle B: Transformation of the Medicaid Program Subtitle C: Block Grants for Temporary Assistance for Needy Families Subtitle D: Supplemental Security Income Subtitle E: Child Support Subtitle F: Noncitizens Subtitle G: Additional Provisions Relating to Welfare Reform Subtitle H: Reform of the Earned Income Tax Credit Subtitle I: Increase in Public Debt Limit Subtitle J: Correction of Cost of Living Adjustments Title VIII: Committee on Governmental Affairs Title IX: Committee on the Judiciary Title X: Committee on Labor and Human Resources Title XI: Committee on Veterans' Affairs Subtitle A: Extension of Certain Authorities Subtitle B: Cost-of-Living Adjustments in Compensation Rates Subtitle C: Educational Benefits Subtitle D: Miscellaneous Title XII: Committee on Finance-Revenue Provisions Subtitle A: Family Tax Relief Subtitle B: Savings and Investment Incentives Subtitle C: Health Related Provisions Subtitle D: Estate Tax Reform Subtitle E: Extension of Expiring Provisions Subtitle F: Taxpayer Bill of Rights 2 Provisions Subtitle G: Casualty and Involuntary Conversion Provisions Subtitle H: Exempt Organizations and Charitable Reforms Subtitle I: Tax Reform and Other Provisions Subtitle J: Pension simplification Balanced Budget Reconciliation Act of 1995 - Title I: Committee on Agriculture, Nutrition, and Forestry - Agricultural Reconciliation Act of 1995 - Subtitle A: Commodity Programs - Amends the Agricultural Act of 1949 to rename title III, "Annual Programs for 1996 Through 2002 Crops". States that: (1) in order to be eligible for one or more of the programs under the title, land on a farm must have been enrolled in one or more of the annual programs under the Act for rice, upland cotton, feed grains, or wheat for a total of at least three of the 1991 through 1995 crop years; (2) for the purpose of determining eligibility of land for enrollment in one or more of the annual programs, acreage shall include acreage on a farm considered planted under Act provisions used to determine crop acreage bases; and (3) enrollment in the annual program for a program crop shall be required as a condition of the receipt of any payment or loan under title III for the program crop. (Sec. 1102) Establishes loan and payment levels through 2002 for crops of rice, upland cotton, feed grains, and wheat. (Sec. 1106) Establishes the price support for milk through December 31, 2002. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to repeal the milk manufacturing marketing adjustment provisions. (Sec. 1107) Extends loans and payments for oilseeds through the 2002 marketing year. (Sec. 1108) Extends the sugar price support through 2002 crops. (Sec. 1109) Directs the Secretary of Agriculture to provide for the establishment and maintenance of an historical soybean acreage for each farm. Permits peas and lentils to be planted for harvest on the payment acres of a crop acreage base. Revises acreage considered planted provisions. Terminates eligibility for loans when any crop or conserving crop is planted on the acres of a crop acreage base that is ineligible for payments, with a special provision concerning upland cotton or rice. Sets forth limitations on acreage and payments. Extends: (1) farm program payment yields based on the 1990 crop year to 2002; and (2) additional yield payments through 2002 crop years. Repeals provisions relating to: (1) no crop or yield available; (2) national, State, or county yields; and (3) balancing yields. Extends current law provisions with respect to the acreage base and yield system through 2002 program crops. (Sec. 1110) Amends the Food Security Act of 1985 to extend related price support provisions. (Sec. 1111) Repeals specified provisions of the Agricultural Adjustment Act of 1938 concerning farm marketing quotas, the national marketing quota for peanuts, and legislative findings. Directs the Secretary of Agriculture to terminate the tree assistance program. (Sec. 1112) States that the monthly Commodity Credit Corporation (CCC) interest rate applicable to loans provided for agricultural commodities by the Corporation shall be 100 basis points greater than the rate determined under the applicable interest rate formula in effect on October 1, 1995. (Sec. 1113) Extends through 2000 crops, with respect to peanuts the: (1) price support program; and (2) sale, lease, or transfer of the farm poundage quota. (Sec. 1114) Limits specified current catastrophic crop insurance requirements to 1995 and 1996 crops. (Sec. 1115) Directs the Director of the Congressional Budget Office to report concerning direct savings obtained from programs under this subtitle and subtitles B and C. (Sec. 1116) Expresses the sense of the Senate that tax incentives to promote ethanol and its derivative ETBE should not be diminished. Subtitle B: Conservation - Amends the Food Security Act of 1985 to provide mandatory FY 1996 through 2002 funding through the CCC for the conservation reserve and wetlands programs, and the livestock environmental assistance program. Establishes the environmental quality incentives program to provide FY 1996 through 2002 technical assistance and cost-sharing and incentive payments to crop and livestock producers who enter into land management and structural contracts to protect water, soil, and related resources from livestock-related degradation. (Makes waste management facility construction ineligible for cost-sharing payments.) Replaces wetlands reserve program permanent easement authority with 20 or 30-year easement authority. Limits conservation reserve program total acreage enrollment to 36,400,000 acres during the 1986 through 2002 calendar years and prohibits total spending for such reserve to exceed specified mandatory spending limitations. Subtitle C: Agricultural Promotion and Export Programs - Amends the Agricultural Trade Act of 1978 to: (1) authorize specified FY 1996 through 2002 appropriations for the market promotion program; and (2) authorize specified FY 1996 through 2002 funding from the CCC for the export enhancement program. Subtitle D: Nutrition Assistance - Chapter 1 - Food Stamp Program - Amends the Food Stamp Act of 1977 to authorize States to establish additional criteria for separate household determinations. (Sec. 1403) Revises thrifty food plan adjustment requirements. (Sec. 1404) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence. (Sec. 1405) Allows for State options in regulations for the uniform national standards of eligibility. (Sec. 1406) Revises household income exclusion provisions regarding Federal energy assistance. (Sec. 1407) Revises household income deduction provisions regarding: (1) standard deduction and (2) homeless shelter assistance. (Sec. 1408) Eliminates specified excludable auto value increases. (Sec. 1409) Revises the scope of sponsor-attributed income and resources regarding alien program eligibility. Provides a limitation on the measurement of attributed income and resources of a sponsor or a sponsor's spouse. Revises eligibility requirements for certain aliens. (Sec. 1410) Revises work requirement and employment and training provisions. (Sec. 1411) Limits employment and training funding to FY 1995 amounts and extends funding authorizations. (Sec. 1412) Allows States the option of considering either all of the income and financial resources of an alien rendered ineligible to participate in the food stamp program in calculating income. (Sec. 1413) Authorizes comparable program disqualification based upon welfare or public assistance disqualification. (Sec. 1414) Requires at State option: (1) cooperation with child support agencies in order to maintain program eligibility; and (2) program disqualification for child support arrears. (Sec. 1416) Disqualifies permanently an individual who participates in the program in two or more States. (Sec. 1417) Defines "work program." (Sec. 1420) Eliminates annual minimum allotment adjustments. (Sec. 1422) Authorizes program reductions for failure to comply with a public assistance reduction requirement. (Sec. 1423) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center. (Sec. 1424) Directs program over-issuances to be collected by: (1) allotment reduction; (2) unemployment compensation withholding; or (3) Federal pay or Federal income tax refund recovery. (Sec. 1425) Terminates Federal matching requirements for program informational activities. (Sec. 1426) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions. (Sec. 1427) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions. (Sec. 1428) Authorizes appropriations for program operations (Sec. 1429) Directs the Secretary to establish a program to make grants to States, as specified, to provide: (1) food assistance to needy individuals and families residing in the State; and (2) at the option of the State, wage subsidies and payments in return for work for needy individuals under the program. Chapter 2: Child Nutrition Programs - Part I: Reimbursement Rates - Amends the National School Lunch Act to terminate the additional lunch payment for schools with high percentages of free or reduced price lunches. (Sec. 1442) Revises annual adjustment provisions for lunches, breakfasts, and supplements. Part II: Grant Programs - Amends the Child Nutrition Act of 1966 to: (1) terminate school breakfast startup grants. Part III: Other Amendments - Amends the National School Lunch Act to revise provisions regarding day care home reimbursements. Obligates funds for family or group day care homes assistance. Chapter 3 - Additional Savings - Revises household income exclusion provisions regarding students. (Sec. 1472) Revises the standard deduction with respect to computing household income. (Sec. 1473) Allows housing assistance payments made to a vendor on behalf of a household residing in transitional housing for the homeless to be considered as payable directly to the household for the purposes of computing household income. (Sec. 1474) Extends current claims retention rates with respect to administrative cost-sharing and quality control, from FY 1995 to FY 2002. (Sec. 1475) Authorizes appropriations for Puerto Rico block grants. (Sec. 1476) Revises annual adjustment provisions for the value of food assistance. (Sec. 1477) Amends the National School Lunch Act to decrease the minimum amount of commodity assistance from 12 to ten percent. (Sec. 1478) Revises service institution payment provisions for the summer food service program for children. (Sec. 1479) Amends the Child Nutrition Act of 1966 to revise annual adjustment provisions for the special milk program. (Sec. 1480) Amends the Child Nutrition Act of 1966 to reduce annual authorizations of appropriations for nutrition education and training programs. Chapter 4 - Effective Date - Sets forth an effective date. Title II: Committee on Armed Services - Directs the Secretary of Energy to sell all U.S. rights and interests to lands inside Naval Petroleum Reserve Number 1 (Elk Hills unit), Kern County, California. Directs the Secretary, within five months after the effective date of this Act, to finalize the equity interests of the known oil and gas zones in the Elk Hills unit after following the recommendations of an independent petroleum engineer or using other appropriate methods. Provides time limits and administrative procedures for such sale, including a requirement that the Secretary retain an investment banker to independently administer the sale of Elk Hills under specified time limitations. Directs the United States to hold harmless and indemnify the purchaser of the Elk Hills unit from any liability resulting from its former ownership by the United States. Reserves seven percent of the sale proceeds from the Elk Hills unit for the resolution of all claims against the United States by California with respect to the production of, and proceeds of petroleum sales from, the Elk Hills unit. Requires the continued full production of the Elk Hills unit until completion of the sale. Provides transition provisions with respect to current petroleum contracts at Elk Hills. Prohibits the Secretary from entering into a contract for the sale of the Elk Hills unit until 31 days after notifying the defense committees. Prohibits the Secretary from entering into a sales contract if only one offer is received, unless: (1) the Secretary notifies the Congress about the offer; and (2) a joint resolution approving such sale is enacted within 45 days after such notification. Provides joint resolution procedures. Requires the Comptroller General to monitor the Secretary's actions with regard to the sale and to submit an oversight report to the defense committees. Authorizes the Secretary to enter into contracts for the acquisition of necessary services in connection with such sale. Directs the Secretary to sell all U.S. rights and interests to lands inside the naval petroleum reserves other than the Elk Hills unit. Provides administrative requirements for such sale identical to those pertaining to the Elk Hills unit, including congressional notification and the passage of a joint resolution. (Sec. 2002) Directs the President to sell such quantities of specified materials currently contained in the National Defense Stockpile as are necessary to achieve $649 million in total proceeds by the end of FY 2002. Title III: Committee on Banking, Housing, and Urban Affairs - Instructs the Board of Directors (the Board) of the Federal Deposit Insurance Corporation (FDIC) to impose a special assessment on the Savings Association Insurance Fund (SAIF)-assessable deposits of each insured depository institution at a rate determined by the Board to cause the SAIF to achieve a designated reserve ratio. Mandates deposit of such special assessment into the SAIF. Grants the Board discretion to exempt certain weak insured depository institutions from paying such special assessment to reduce risk to the SAIF. Requires such institutions to pay semiannual assessments into the SAIF and the Deposit Insurance Fund (created by this Act) based on SAIF-assessable deposits of those institutions. (Sec. 3001) Amends the Federal Home Loan Bank Act to reflect the changes made by this Act. Amends the Federal Deposit Insurance Act to prescribe guidelines under which the Board of Directors may provide an assessment credit with respect to Bank Insurance Fund (BIF) assessments if the FDIC determines that the reserve ratio of the BIF is expected to exceed the designated reserve ratio during the succeeding semiannual period. Declares that assessment rates for SAIF members shall not be lower than for BIF members of comparable risk until the first full semiannual period following the last maturity date of all obligations issued by the Financing Corporation. Merges the BIF and the SAIF (including their respective assets and liabilities) into the Deposit Insurance Fund (DIF). Places any SAIF reserve ratio which exceeds the designated reserve ratio into the DIF Special Reserve. Mandates that all amounts assessed against insured depository institutions by the FDIC be deposited into the DIF. Establishes a Special Reserve of the DIF from which the FDIC is authorized to transfer amounts to the DIF if the DIF reserve ratio is under 50 percent of the designated reserve ratio, according to prescribed emergency guidelines. Excludes the Special Reserve from any calculation of the DIF reserve ratio. (Sec. 3002) Instructs the Secretary of the Treasury to study and report to the Congress on the feasibility of converting the FDIC into a self-funded deposit insurance system. (Sec. 3003) Amends the United States Housing Act of 1937 to: (1) direct the Secretary of Housing and Urban Development to modify rent adjustments using an operating costs factor that increases the rent to reflect increases in operating costs in the market area; and (2) specify restraints upon Section 8 rent increases for stayers in the certificate program. Title IV: Committee on Commerce, Science, and Transportation - Subtitle A: Communications - Amends the Communications Act of 1934 (the Act) to provide that unless the Federal Communications Commission (FCC) submits to the Congress within 180 days and the Congress takes action to approve a proposal to use authority for the assignment of initial licenses or construction permits for use of the electromagnetic spectrum allocated but not assigned for television (TV) broadcast services as of the date of enactment of this Act, certain competitive bidding requirements of the Act shall not apply to licenses or construction permits issued by the FCC: (1) that 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 TV services assigned by the FCC to existing terrestrial broadcast licensees to replace their existing TV licenses. Prohibits the FCC, except as so provided, from assigning initial licenses or construction permits under this title to terrestrial commercial TV broadcast licensees to replace their existing broadcast licenses before January 1, 1998. Extends through FY 2002 FCC authority to grant such licenses or permits. Directs 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 assigned or designated by FCC regulation for assignment, identified by the Secretary of Commerce as reallocable frequencies pursuant to the National Telecommunications and Information Administration Organization Act (NTIAO), or reserved for Federal Government use pursuant to the Act. Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2000. 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, the needs of public safety radio services, and the costs to satellite service providers that could result from multiple auctions of like spectrum internationally for global satellite systems; 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 allocated for 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 the Omnibus Budget Reconciliation Act of 1995, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice. Authorizes any Federal entity which operates a Government station, in order to expedite the efficient use of the electromagnetic spectrum, to accept payment in advance, in-kind reimbursement of costs, or both to defray entirely the expenses of reallocating the Federal entity's operations from one radio spectrum frequency to another. Sets forth provisions regarding: (1) the process for relocation; (2) the right to reclaim the station under specified circumstances; (3) Federal action to expedite the spectrum transfer; and (4) identification and reallocation of auctionable frequencies, including allocation and assignment of frequencies identified in the second reallocation report. (Sec. 4002) Modifies the Schedule of Regulatory Fees to be paid annually for specified VHF and UHF commercial markets. Subtitle B: Oceans and Fisheries - Amends the Omnibus Budget Reconciliation Act of 1990 to prohibit the Secretary from establishing certain inspection or examination fees or charges: (1) of more than $300 annually for passenger vessels under 65 feet in length or more than $600 annually for such vessels 65 feet in length and greater; and (2) for any publicly-owned ferry. (Sec. 4022) Revises the Oil Pollution Act of 1990 to provide that the amount of funding to be made available annually to carry out provisions regarding the Prince William Sound Oil Spill Recovery Institute shall be the interest produced by the Oil Spill Liability Trust Fund's investment of the $22,500,000 remaining funding authorized for the Institute and currently deposited in the Fund and invested by the Secretary of the Treasury in income producing securities along with other funds comprising the Fund. Specifies that, beginning with the eleventh year following the date of enactment of the Coast Guard Authorization Act of 1995, the funding authorized for the Institute and deposited in the Fund shall thereafter be made available for specified authorized purposes in Alaska. Subtitle C: Rail Infrastructure - Directs the Secretary of Transportation to issue to the Secretary of the Treasury notes or other obligations pursuant to the Railroad Revitalization and Regulatory Reform Act of 1976 (for railroad rehabilitation and improvement financing) in such amounts and at such times as necessary to pay any sums required pursuant to the guarantee of the principal amount of obligations as long as any such guaranteed obligation is outstanding. Prohibits the Secretary of Transportation from making certain loan guarantee commitments in excess of $100 million during each of FYs 1996-2002. Makes available $10 million for loan guarantee commitments made during each of those fiscal years. (Sec. 4032) Authorizes funding for local rail freight assistance through FY 1997. (Sec. 4033) Authorizes the Secretary of Transportation to declare that a disaster has occurred and that it is necessary to repair and rebuild rail lines damaged as a result of such disaster, in which case the Secretary may: (1) waive specified requirements; (2) consider the extent to which the State has available unexpended local rail freight assistance funds or available repaid loans; and (3) prescribe the form and time for applications for assistance. Prohibits the Secretary from providing such assistance unless emergency disaster relief funds are appropriated for that purpose. (Sec. 4034) Allows financial assistance for State local rail freight assistance projects to be used for the cost of: (1) closing or improving a railroad grade crossing or a series of crossings; and (2) creating a State supervised grain car pool. Title V: Committee on Energy and Natural Resources - Subtitle A: United States Enrichment Corporation - USEC Privatization Act - Directs the Board of Directors of the United States Enrichment Corporation (USEC) to transfer USEC ownership to a private corporation established under this Act. Mandates the inclusion of sale proceeds in the budget baseline required by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), and its inclusion as an offset to direct spending. (Sec. 5005) Requires USEC directors to establish a private not- for-profit and non-Government-related corporation under the laws of a State for the purpose of receiving the assets and obligations of USEC at privatization and continuing USEC business operations following privatization. (Sec. 5007) Directs USEC to transfer the lease of gaseous diffusion plants and related property at Paducah, Kentucky, and Piketon, Ohio, to the private corporation concurrent with such privatization. Prohibits the Secretary of Energy from leasing to the private corporation facilities necessary for the production of highly enriched uranium. (Sec. 5008) Prescribes procedural guidelines for: (1) transfer of contracts to the private corporation, including the right to purchase power from the Secretary under previous power purchase contracts for the gaseous diffusion plants; (2) assignment of USEC liabilities; (3) pension, post-retirement health benefit, and collective bargaining agreement protections for contractor employees at the two gaseous diffusion plants; and (4) retention of Federal retirement and health benefits by former Federal employees. (Sec. 5011) Prohibits USEC directors, officers, or employees from acquiring any securities (or rights to acquire any securities) of the private corporation on terms more favorable than those offered to the general public in specified circumstances. (Sec. 5012) Requires the U.S. Executive Agent under the Russian HEU Agreement to transfer to the Secretary without charge title to an amount of uranium hexafluoride (based on a tails assay of 0.30 U235) equivalent to the natural uranium component of low-enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent under such Agreement. Deems such uranium hexafluoride to be of Russian origin. Requires the Secretary to sell, and receive payment for, the transferred uranium hexafluoride for: (1) overfeeding in the operations of enrichment facilities in the United States; (2) end use outside the United States; or (3) consumption by end users in the United States after January 1, 2002, according to a specified schedule beginning in 1998. Requires the U.S. Executive Agent, upon request of the Russian Executive Agent, to deliver concurrently to such Agent, an amount of uranium hexafluoride equivalent to the natural uranium component of such low-enriched uranium. Provides for auction of such uranium hexafluoride, or U3O8 (in the event that the conversion component of such hexafluoride has previously been sold), if the Russian Executive Agent does not exercise its right to agree to take delivery of the natural uranium component of any low-enriched uranium within 90 days after delivery of such low-enriched uranium to the U.S. Executive Agent. Grants the Secretary of Commerce responsibility for administration and enforcement of the limitations set forth in this section. Requires the Secretary of Energy to transfer to USEC without charge up to 50 metric tons of enriched uranium and up to 7,000 metric tons of natural uranium from the Department of Energy (DOE) stockpile. Prohibits USEC from delivering for commercial end use in the United States: (1) any of such uranium before January 1, 1998; (2) more than ten percent of such uranium or more than 4 million pounds, whichever is less, in any calendar year after 1997; or (3) more than 800,000 separative work units contained in low-enriched uranium transferred in any calendar year. Authorizes the Secretary to sell, from time to time, natural and low-enriched uranium from the DOE stockpile, subject to specified conditions. Permits DOE transfer or sale of enriched uranium to: (1) Federal agencies; (2) any person for national security purposes; or (3) any State or local agency or non-profit, charitable, or educational institution for use other than the commercial generation of electricity. (Sec. 5013) Prescribes guidelines under which the Secretary shall accept low-level radioactive waste (including depleted uranium if ultimately determined to be such waste) for disposal at the request and expense (by reimbursement) of the generator. (Sec. 5014) Grants USEC exclusive commercial rights to deploy and use any federally owned or controlled Atomic Vapor Laser Isotope Separation (AVLIS) patents, processes and technical information, upon completion of a royalty agreement with the Secretary. Instructs the President to transfer related AVLIS property (except those related to the gaseous diffusion, gas centrifuge, and uranium enrichment programs) to USEC upon its request. (Sec. 5015) Grants the Corporation exclusive commercial rights for both uranium enrichment and non-uranium enrichment uses of patents, patent applications, trade secrets, and other technical information related to federally owned or controlled gaseous diffusion technology. Provides for payment of royalties by USEC to the Department of Energy for such uses. (Sec. 5017) Amends the Atomic Energy Act of 1954 to: (1) repeal the mandate and authority of USEC as of the privatization date; and (2) exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using AVLIS technology, and make such a facility eligible for one-step licensing. Prohibits issuance of any license or certificate of compliance to USEC or its successor if its issuance would, in the opinion of the Nuclear Regulatory Commission (NRC), be inimical to: (1) the common defense and security of the United States: or (2) maintenance of a reliable and economical domestic source of enrichment services because of the nature and extent of USEC ownership, control or domination by a foreign corporation or government or any other relevant factors or circumstances. Provides for periodic application of USEC for NRC certification at least once every five years (instead of annually). Revises the purview of judicial review of NRC actions to include: (1) any final order establishing standards to govern DOE gaseous diffusion uranium enrichment facilities, including facilities leased to a corporation established under this Act; and (2) any final determination relating to whether such facilities comply with such standards. Provides for civil money penalties for violations of licensing or certification requirements. Subtitle B: Department of the Interior Conveyances - Part I: California Land Directed Sale - Conveys all Federal right, title and interest in the San Bernardino Meridian, California, to the Department of Health Services of the State of California. Mandates deposit of sale proceeds in the Treasury as miscellaneous receipts. Provides for reversion of such lands to the United States if the property is not used as a low-level radioactive waste disposal facility before October 1, 2010. Part II: Helium Reserves - 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 facilities at the Bureau of Mines Cliffside Field. (Sec. 5112) 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. (Sec. 5114) Instructs the Secretary to eliminate helium stockpiles by a certain deadline. Repeals the Secretary's authority to borrow under the Helium Act. Subtitle C: Arctic Coastal Plain Leasing and Revenue Act - Arctic Coastal Plain Leasing and Revenue Act of 1995 - Instructs the Secretary of the Interior to implement a competitive leasing program for oil and gas exploration, development and production within the coastal plain of the Arctic National Wildlife Refuge. States that no further findings or decisions shall be required to implement this directive (thereby avoiding statutorily-mandated environmental determinations). (Sec. 5204) Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its proscription against oil and gas production, leases, or development in the Arctic National Wildlife Refuge. Declares this subtitle the sole authority for coastal plain leasing. Considers such coastal plain "Federal land" for purposes of the Federal Oil and Gas Royalty Management Act of 1982. (Sec. 5205) Confers responsibility upon the Secretary for the promulgation of rules and regulations relating to this subtitle within 18 months of enactment. (Sec. 5206) Declares that the Congress finds that the 1987 legislative environmental impact statement prepared by the Department of the Interior adequately satisfies the requirements of the National Environmental Policy Act of 1969 concerning authorized actions by the Secretary to promulgate regulations for the establishment of a leasing program and first lease sale. (Sec. 5207) Prescribes procedural guidelines for lease sales on the coastal plain to any person qualified to obtain an oil or gas lease under the Mineral Leasing Act. (Sec. 5208) Authorizes the Secretary to grant to the highest responsible qualified bidder by sealed competitive cash bonus bid any lands to be leased on the coastal plain upon payment by the lessee of whatever bonus the Secretary accepts, and of a minimum royalty of 12.5 percent in amount or value of lease production. Requires the Secretary, after each notice of a proposed lease sale but before acceptance of bids and issuance of leases based on them, to allow the Attorney General 30 days to perform an antitrust review of the results of each lease sale on the likely effects the issuance of such leases would have on competition. Requires the Secretary's approval for subsequent lease transfers. Sets forth lease terms and conditions, including bonding requirements and mandatory access by the Secretary to all lease data and information. (Sec. 5212) Mandates a ninety-day timetable for expedited judicial review of actions challenged under this Act. (Sec. 5213) Instructs the Secretary to issue regulations granting rights-of-way and easements for oil and gas transportation across the coastal plain in accordance with the Mineral Leasing Act of 1920. Provides for periodic on-site inspections of coastal plain facilities that are subject to environmental or safety regulations. (Sec. 5215) Mandates distribution of Federal revenues to the State of Alaska in the amount of 50 percent of: (1) all revenues from coastal plain oil and gas leases; and (2) bonus bid revenues which exceed a certain amount from oil and gas leases. Subtitle D: Park Entrance Fees - Revises provisions of the Land and Water Conservation Fund Act of 1965 to increase the fee for: (1) the Golden Eagle Passport (the annual admission permit for designated units of the National Park System (NPS) or National Conservation Areas and other specified areas) to $50; (2) annual admission into a specific designated NPS unit, or into several specific units located in a particular geographic area, to $25; and (3) a single-visit permit at any designated area to not more than $6 per person (requires the fee to be collected on a per person basis, including persons entering by private, noncommercial vehicle). Makes receipts from non-Federal Golden Eagle Passport sales available for specified resource protection, rehabilitation, and conservation projects. Specifies that a lifetime admission permit for a U.S. citizen or person domiciled in the United States who is age 62 or older (Golden Age Passport) shall entitle the permittee (currently, the permittee and specified individuals accompanying him) to free admission into any area designated. Prohibits fees of any kind from being collected from persons who have a right of access for hunting or fishing privileges under a specific provision of a law or treaty or who are engaged in the conduct of official Federal, State, or local government business. Directs the Secretaries of the Interior and of Agriculture to establish procedures providing for the issuance of a lifetime admission permit to specified individuals who are permanently disabled. Limits the number of accompanying individuals to one, notwithstanding the method of travel. Directs the Secretary of the Interior to: (1) submit to specified congressional committees a report on the admission fees proposed to be charged at specific NPS units; and (2) identify areas where such fees are authorized but not collected and the reasons why such fees are not collected. Allows: (1) a charge for the use of a campground not having a majority of specified features and personal collection of the fee by an employee or agent of the Federal agency operating the facility; and (2) any National Park permit (currently, Golden Age Passport) holder to utilize special recreation facilities at a rate of 50 percent of the established use fee. Requires fees to be comparable to those charged by other public and private entities. Permits persons violating National Park rules or regulations to be fined any amount as provided by law. Requires: (1) the amount authorized to be retained by the Secretaries for fee collection costs to equal the collection costs of the immediately previous fiscal year (instead of the current fiscal year); (2) the use of amounts covered into the existing special account for the National Park Service generated from the collection of fees for park operations only; and (3) the Secretary to establish reasonable fees for the fair market value of uses of NPS units that require special arrangements, including permits, with any amount exceeding the cost of providing necessary services to be deposited in the Park Renewal Fund to be established under this Part. (Sec. 5301) Authorizes the Secretary to negotiate and enter into challenge cost-share agreements with any State or local government, public or private agency, corporation, individual, or other entity for the purpose of sharing costs or services in carrying out any authorized functions and responsibilities of the Secretary with respect to any NPS unit, affiliated area, or designated National Scenic or Historic Trail. (Sec. 5302) Amends the National Park System Visitor Facilities Fund Act to redefine or define: (1) "park system resource" to mean any living or non-living resource that is located within the boundaries of a NPS unit, except for resources owned by a non-Federal entity; and (2) "marine or aquatic park system resource" to mean any living or non-living resource that is located within or is a living part of a marine or aquatic regimen within such boundaries, except for such resources. Makes any instrumentality that destroys, causes the loss of, or injures any marine or aquatic park (currently, park) system resource liable in rem to the United States for response costs and resulting damages to the same extent as a person is liable for such destruction, loss, or injury. (Sec. 5304) Requires 80 percent of all revenues received from admission, recreation use, commercial tour use, and commercial non- recreational use fees collected by NPS units in excess of a specified amount for FY 1996 through 2002 to be deposited into the Fund. (Sec. 5305) Requires: (1) receipts in the Fund from the previous fiscal year to be available to the Secretary without further appropriation beginning in FY 1997; (2) 75 percent of such receipts to be allocated among NPS units in the same proportion as admission, recreation use, commercial tour use, and commercial non-recreational use fees collected from a specific unit bear to the total amount of such fees collected from all NPS units for each fiscal year; and (3) 25 percent to be allocated among NPS units on the basis of need, as determined by the Secretary. Limits the use of expenditures from the Fund solely to infrastructure and operational needs. Requires the Secretary, by January 1 of each year, to provide to specified congressional committees a list of past and proposed expenditures from the Fund for each unit. Subtitle E: Water Projects - Amends the Reclamation Reform Act of 1982 to authorize a person or district holding a water delivery contract with the United States to prepay the construction costs associated with such water delivery, either through accelerated or lump sum payments. (Sec. 5410) Increases the annual payment required of the city and county of San Francisco, California, for the Hetch Hetchy Dam project by an amount determined under a formula used by the Federal Energy Regulatory Commission for hydroelectric power projects under the Federal Power Act. Requires the highest priority use of such funds to be for the annual operation of Yosemite National Park, with the remainder for other California national parks. (Sec. 5420) Collbran Project Unit Conveyance Act - Directs the Secretary of the Interior to convey to the Ute Water Conservancy District and the Collbran Conservancy District all rights and interests of the United States in and to the Collbran Reclamation Project. Provides for: (1) payment to the United States by the Districts; (2) the deposit and authorized uses of such payments; (3) Project operation and use by the Districts for 40 years; (4) a required annual plan from the Districts for such operation during such period; and (5) conveyance subject to specified agreements between the United States and Colorado relating to the construction and operation of recreational facilities at Vega Reservoir, a Project area. Requires the Project's power component and facilities to be operated in substantial conformity with its past operation. Provides for Project power marketing under existing agreements. Requires the Districts, after the expiration of such agreements, to provide all Project power produced to the Western Area Power Administration at a specified rate. Grants a 40-year license to the Districts for Project operation. Makes the "major Federal action" provisions of the National Environmental Policy Act of 1969 inapplicable to such conveyance. Terminates certain previous agreements upon such conveyance. Makes the Districts liable for all acts or omissions relating to the operation and use of the Project subsequent to the conveyance. Subtitle F: Federal Oil and Gas Royalties - Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to place primary liability for lease obligations upon either the person to whom the United States issues a lease, or the current owner of operating rights, but not both. Permits a lessee to designate a person to act on the lessee's behalf, subject to written notification of the Secretary of the Interior (the Secretary for this subtitle). (Sec. 5502) Bars a judicial proceeding relating to an obligation that is not commenced within six years from the date on which the obligation falls due. Prescribes procedural guidelines for: (1) tolling of the period of limitations; (2) adjustments and refund; and (3) recordkeeping requirements. (Sec. 5505) Authorizes the Secretary to waive royalty interest. Requires the Secretary to pay or credit interest on overpayments of royalties, except on overpayments made solely to accrue such interest. Provides for payments of estimated royalties. Prescribes a general procedure for the volume allocation of oil and gas production. (Sec. 5506) Amends FOGRMA to proscribe assessments for late payment or underpayment. Restricts assessments to erroneous reports solely (but permits the imposition of penalties or interest for late payments or underpayment under other sections of such Act). (Sec. 5507) Prescribes guidelines under which a lessee may make prepayments in lieu of royalty payments for a marginal property which is not cost-effective for the Secretary to administer. Instructs the Secretary to provide accounting, reporting, and auditing relief that will encourage lessees to continue to produce and develop such properties. (Sec. 5509) Amends the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping requirements. Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public for no more than its regulated price, or, if no regulated price applies, not less than fair market value). (Sec. 5510) Amends FOGRMA to instruct the Secretary to streamline and simplify current royalty management requirements, including reporting, instruction, audits and collections. (Sec. 5511) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties. Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments. (Sec. 5512) Revises the Secretary's authority to delegate to the States all authority and responsibility to conduct audits, inspections and production and royalty accounting duties with respect to all Federal lands within their borders. Includes production and royalty accounting duties and responsibilities among such delegable authorities. Repeals the requirement that the Secretary receive permission from the Indian tribe allottee involved before undertaking such a delegation with respect to any Indian lands. Authorizes a State to request the Secretary to sell the revenue stream from certain Federal leases on marginal properties. (Sec. 5513) Amends FOGRMA to replace the knowing and willful standard for certain violations which incur a civil penalty with a standard of willful misconduct or gross negligence (a higher, more difficult standard of proof). (Sec. 5514) Excludes Indian lands and privately owned minerals from the purview of this Act. Subtitle G: Department of Energy - Instructs the Secretary of Energy (the Secretary for this subtitle) to conduct an asset management and disposition program resulting in a minimum of $225 million in receipts and savings by October 1, 2000. Enumerates the assets and raw materials for disposition. Exempts such program from the disposition guidelines of the Federal Property and Administrative Services Act of 1949 and the Surplus Property Act of l944. (Sec. 5651) Directs the Secretary to draw down and sell 32 million barrels of oil in the Weeks Island Strategic Petroleum Reserve Facility. (Sec. 5652) Amends the Energy Policy and Conservation Act to permit the Secretary to store petroleum products owned by a foreign government in under utilized Strategic Petroleum Reserve facilities. Mandates that 50 percent of the funds resulting from the leasing of Strategic Petroleum Reserve facilities be made available to the Secretary without further appropriation for oil purchases for the Strategic Petroleum Reserve. Subtitle H: Mining - Mining Law Revenue Act of 1995 - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 5702) Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for an unpatented mining claim or site against the requisite royalties. Repeals: (1) the fee requirements of the Omnibus Budget Reconciliation Act of 1993; and (2) the filing requirements for mining claim recordation under the Federal Land Policy and Management Act of 1976. (Sec. 5703) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 5704) Prescribes patent issuance guidelines. Sets forth procedural guidelines for divestment and reverter of a patented estate that is used for unauthorized purposes. (Sec. 5705) Imposes a royalty of 2.5 percent on the Net Smelter Return of all ores, minerals, metals, and materials mined, removed and sold from the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Exempts from such royalty any mine with an annual gross yield of less than $500,000. Prescribes royalty payment procedures. (Sec. 5706) Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 5708) Identifies: (1) Federal lands and water eligible for reclamation under this subtitle; and (2) reclamation uses and objectives for moneys in a State Fund. Subtitle I: Department of the Interior - Instructs the Secretary of the Interior (the Secretary for this subtitle) to: (1) contract with private entities for the provision of all aircraft services required by the Department of the Interior; (2) sell all aircraft and associated equipment and facilities owned by the Department. Requires return of all disposition proceeds to the Treasury. Subtitle J: Power Marketing Administrations - Part I: Bonneville Power Administration Refinancing - Bonneville Power Administration Appropriations Refinancing Act - Prescribes guidelines under which the Administrator of the Bonneville Power Administration shall refinance a certain appropriated debt by determining with the approval of the Secretary of the Treasury: (1) a new principal amount for such debt; (2) a new interest rate for such debt based on the Treasury rate for the old capital investment; and (3) a $100 million limit on prepayments of old capital investments before a certain date. (Sec. 5905) Prescribes guidelines for interest rates for new capital investments. (Sec. 5907) Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to appropriate specified amounts to the Administrator in certain fiscal years so long as the Administrator makes annual payments to the Tribes under a certain settlement agreement. (Sec. 5908) Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the principal amount or interest rate obligations to the Government. Part II: Alaska Power Marketing Administration Sale - Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Power Authority; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, and the Matanuska Electric Association, Inc. Directs the Secretary to deposit sale proceeds into the miscellaneous receipts of the Treasury. (Sec. 5911) Declares that both Projects shall continue to be exempt from Federal Power Act requirements (subject to a certain Memorandum of Agreement). Grants the U.S. District Court for the District of Alaska jurisdiction to review and enforce such Memorandum, including the remedy of specific performance. Provides for an action seeking review of a Fish and Wildlife Program of the Governor of Alaska under the Memorandum, or challenging actions of the Memorandum parties before adoption of the Program, if it is brought within 90 days after the Governor adopts such Program. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under certain statutory selection entitlements. Subtitle K: Radio and Television Communication Site Fees - Directs the Secretaries of Agriculture and of the Interior to: (1) assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or the Bureau of Land Management; (2) prescribe implementing regulations; and (3) establish a broad-based advisory group including representatives from the non-broadcast communications industry to review and report to the Congress on criteria for determining fair market values and next best alternative use. Subtitle L: Amendments to Outer Continental Shelf Lands Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico. (Sec. 5930) Declares that no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. Suspends royalties for a seven-year period for new leases in specified water depths in the Gulf. Title VI: Committee on Environment and Public Works - Public Works Reconciliation Act of 1995 - Reduces by 15 percent the total of the amounts authorized, allocated, or unallocated to each State, for FY 1996-97, for specified highway demonstration projects under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), subject to specified requirements. Provides for 15 percent reductions in total unobligated balances as of September 30, 1995, for certain previously authorized projects under ISTEA, the Surface Transportation and Uniform Relocation Assistance Act of 1987, and the Surface Transportation Assistance Act of 1982, and under various Department of Transportation and Related Agencies Appropriations Acts. (Sec. 6003) Directs that, with respect to the first fiscal year beginning after September 30, 1995: (1) the Secretary of Transportation shall determine, in accordance with the policies established by ISTEA, which of the States will no longer require an apportionment, and which will require decreased funding, as a result of the termination of the Interstate construction program; and (2) as a result of the reduced number of States that may require an apportionment and the decrease in the amount of funds some States will require, the amount apportioned shall be reduced from that apportioned for FY 1995 by 60.4 percent. (Sec. 6004) Amends: (1) the Omnibus Budget Reconciliation Act of 1990 to extend the last assessment of Nuclear Regulatory Commission annual fees and user charges to September 30, 2005; and (2) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995, to extend Federal Emergency Management Agency radiological emergency preparedness fees through 2005. Title VII: Committee on Finance - Spending Control Provisions - Subtitle A: Medicare - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Medicare Choice Plans) under which individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under part B (Supplementary Medical Insurance) are entitled to choose to receive health care items and services covered under such parts through either the traditional Medicare program or by receiving payments toward the individual's enrollment in a Medicare Choice plan under this new part. Outlines basic components of the new Medicare Choice program, providing specific details with regard to such various program-related matters as enrollment procedures, covered benefits, cost-sharing, sponsor requirements, plan standards, Medicare payment amounts, premiums and rebates, and contractual authority as well as certain related tax aspects under the Internal Revenue Code pertaining to Medicare Choice Accounts, certain rebates, and other specified matters. (Sec. 7011) Makes various specified technical amendments with regard to Medicare part A hospital inflation updates, adjustments for capital-related tax costs, disproportionate share payments, and other payment-related matters pertaining to medical education and hospice and skilled nursing facility services, with changes including a reduction in certain payments for capital-related costs and a system of incentives for cost-effective management of covered non-routine services of skilled nursing facilities. Provides for development of a prospective payment system for certain types of hospitals currently not under such system. (Sec. 7018) Extends Medicare coverage of, and application of hospital insurance tax to, all State and local government employees. (Sec. 7036) Directs the Secretary of Health and Human Services (HHS Secretary) to establish and implement a medical review of the effect of these payment paragraphs on the quality of extended care services furnished to Medicare beneficiaries in order to ensure that they are furnished appropriate extended care services. (Sec. 7037) Requires the Prospective Payment Assessment Commission to report to the Congress on the payment system under Medicare for extended care services furnished by skilled nursing facilities. (Sec. 7041) Makes various specified technical amendments with regard to Medicare part B physician service inflation updates and other provider service-related payment matters, among other changes: (1) replacing the volume performance standard with sustainable growth rate for physician service payments; (2) eliminating formula-driven overpayments for certain outpatient hospital services; and (3) freezing payment updates for clinical laboratory diagnostic, ambulatory surgical, and ambulance services as well as for durable medical equipment. (Sec. 7050) Directs the Secretary to revise regulations on payment for anesthesia services to permit Medicare payment for such services furnished in a hospital or ambulatory surgical center by a certified registered nurse anesthetist who is authorized under State law to administer such services without supervision by the physician performing the operation or the anesthesiologist. (Sec. 7051) Makes various specified changes with regard to the Medicare part B premium and deductible, including providing for an increase in such premium for certain high-income individuals as well as certain related changes under the Internal Revenue Code pertaining to the disclosure of tax return information for purposes of collecting such supplemental Medicare part B premiums. (Sec. 7055) Makes various specified changes with regard to Medicare as secondary payor, and other outlined miscellaneous changes as well relating to Medicare part A and B provisions on matters such as payments for euthanasia services (which are prohibited), home health services (which are paid for on the basis of a per visit payment rate established by the Secretary for each type of home health service), and certification of Christian Science providers. Includes as additional changes revisions involving payments for prosthetics and orthotics under Medicare part A, health care in rural and shortage areas, and services furnished by physician assistants and nurse practitioners in outpatient or home settings. Establishes the Medicare rural hospital flexibility program (to replace the current essential access community hospital program) and the rural emergency access care hospital program. Authorizes appropriations. (Sec. 7074) Directs the Physician Payment Review Commission to analyze and report to the Congress on the effectiveness of the provision of additional Medicare part B payments for physicians' services provided in shortage areas in recruiting physicians for such areas. (Sec. 7076) Provides for certain demonstration projects to promote telemedicine. Authorizes appropriations. Health Care Fraud and Abuse Prevention Act of 1995 - Amends SSA title XI to establish a fraud and abuse control program to: (1) coordinate Federal, State, and local efforts at combatting health care fraud and abuse; (2) conduct appropriate investigations, audits, and evaluations related to health care delivery and payment; and (3) facilitate enforcement of various applicable statutes relating to health care fraud and abuse. Establishes in the Federal Hospital Insurance Trust Fund the Health Care Fraud and Abuse Control Account for use in conjunction with the program established above. (Sec. 7102) Modifies current sanctions under SSA title XI for fraud and abuse involving Medicare or State health care programs, with changes: (1) extending their application to fraud and abuse against any federally funded plan or program that provides health benefits, whether directly, through insurance, or otherwise; (2) providing for mandatory exclusion from participation in Medicare and State health care programs for an individual convicted of a felony related to health care fraud or a controlled substance; (3) establishing certain minimum periods of exclusion from such participation for certain offenses; (4) allowing for the imposition of other intermediate sanctions for certain miscellaneous eligible organization violations under Medicare in lieu of contract termination; and (5) providing for health care fraud and abuse guidance. Revises general civil monetary penalty provisions, modifying penalty and assessment amounts among other changes. Requires the Secretary to study and report to the Congress on volume and combination discounts under Medicare. (Sec. 7121) Provides for the establishment of a health care fraud and abuse data collection program under SSA title X. (Sec. 7141) Amends the Federal criminal code to add sanctions consisting of fines and imprisonment as well as property forfeitures for Federal health care offenses, with proceeds from such fines and forfeitures to be deposited in the Federal hospital insurance trust fund. Describes other criminal code changes relating to Federal health care offenses, including those pertaining to injunctive relief and money laundering. (Sec. 7171) Sets forth various specified measures designed for ensuring solvency of the Medicare trust funds, including transfers of certain part B savings related to the revisions of this subtitle involving the Medicare part B premium to the Hospital Insurance Trust Fund. (Sec.7175) Provides for a Medicare "budget expenditure limiting tool." Subtitle B: Transformation of the Medicaid Program - Medicaid Transformation Act of 1995 - Amends SSA to add a new title XXI (Medicaid Program for Low-Income Individuals and Families) to replace the current Medicaid program, which is repealed as of October 1, 1996. Gives such new program the stated purpose of providing funds to States to enable them to provide medical assistance to certain eligible individuals and families in a more effective, efficient, and responsive manner. Outlines program particulars, which include: (1) a separate fraud prevention program along with State Medicaid fraud control units; (2) a Medicaid Task Force and associated advisory group as well as a Medical Drug Rebate Program Task Force; (3) funding set- asides for certain population groups and for grants for community health centers and rural health clinics; (4) respective payment limitations and prohibitions with regard to abortions and euthanasia services; (5) quality assurance standards for and certification of certain nursing facilities; and (6) a rebate program with regard to covered outpatient drugs. Directs the Secretary to develop a national, quantifiable classification system to identify children with special health needs. Provides for demonstration projects to provide methods of assuring quality care for children with special health care needs. Directs the Director of the Congressional Budget Office to report to the Congress annual analyses of the impact of the replacement of the Medicaid program on the health insurance status of children, individuals who have attained retirement age, and the disabled. Subtitle C: Block Grants for Temporary Assistance for Needy Families - Work Opportunity Act of 1995 - Replaces the current Aid to Families with Dependent Children (AFDC) and Job Opportunities and Basic Skills Training (JOBS) programs under SSA title IV parts A and F, respectively, with a program under a new part A of block grants to the States for temporary assistance for needy families with minor children (TEA program). Gives such program the stated purpose of increasing State flexibility in operating a program with mandatory work and education requirements (along with certain penalties against adult family members on TEA assistance who refuse to work), as well as with optional community service requirements and certain adult-supervised living arrangements for unmarried teenage parents. (Sec. 7201) Provides for: (1) certain time-limited assistance to needy families with minor children in personal responsibility contracts with the involved State, with certain exceptions involving minor children and hardship situations; (2) job preparation and opportunities for such families, including opportunities to participate in State-approved job placement agency services; and (3) prevention and reduction of out-of-wedlock pregnancies. Provides that the obligations of each parent under such a contract shall be determined based upon a case manager's prior assessment of the parent's skills and abilities. Gives States options to deny assistance for out-of-wedlock births to minors and for children born to families receiving assistance, as well as in certain other cases. Denies TEA assistance for fugitive felons and probation and parole violators and for other specified situations. Provides for increased State grant and other payment amounts as rewards for job placement performance and out-of-wedlock birth reductions. Reduces grant amounts as a penalty for violations of this new part. Sets out the administrative process for review of such penalties and other adverse decisions, requiring the Federal Government, before assessing such a penalty, to notify the State of the violation and give it an opportunity to correct any violations for which such penalty would be assessed. Authorizes appropriations with specific child care set-asides for each family with a dependent child requiring such care under the new program. Expresses the sense of the Congress that: (1) each State operating a TEA program is encouraged to assign the highest priority to requiring adults in two-parent families and adults in single-parent families that include older preschool or school-age children to be engaged in work activities; and (2) prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests, and the policy contained in the provisions of this subtitle is intended to address the crisis. Establishes in the Treasury a revolving Federal Loan Fund for State Welfare Programs for loans to any loan-eligible State for conducting welfare anti-fraud and other specified activities and certain other similar funds for purposes related to State welfare programs. Outlines program audit, data collection, and reporting requirements as well as certain study and evaluation requirements. Authorizes appropriations. Directs the Bureau of the Census to expand the Survey of Income and Program Participation to enable interested persons to evaluate the impact of the changes made by this subtitle on a random national sample of recipients of assistance under State programs funded under this subtitle and other appropriate low-income families. Addresses the treatment of existing State AFDC waivers in effect or approved by the Secretary as of October 1, 1995. Provides for the treatment of Indian tribes with regard to grant amounts and other specified program matters affecting Indians. Makes the Assistant Secretary for Family Support within HHS the official responsible for administering SSA title IV part A and D (Child Support and Establishment of Paternity) programs. (Sec. 7202) Allows States to contract with charitable, religious, and private organizations to provide services and administer programs established or modified by this Act. (Sec. 7203) Prohibits financial assistance provided under such programs from being expended for sectarian worship or instruction. (Sec. 7204) Directs the Secretary of Commerce to enable the Bureau to collect statistically significant data concerning the growing trend of grandparents who are the primary caregivers for their grandchildren. (Sec. 7205) Requires the HHS Secretary to study and report to the Congress on the welfare reorganization's effect on grandparents as primary caregivers. (Sec. 7206) Requires development of a prototype of a counterfeit- resistant Social Security card and a study and congressional report, all by the Commissioner of Social Security, on methods of improving the application process for such a card. (Sec. 7207) Requires organizations accepting Federal funds under certain parts of this Act, and making communications in support of or in opposition to any Federal, State, or local policy, to state in the communication that it was prepared and paid for by an organization that accepts Federal taxes. (Sec. 7208) Amends the Family Support Act of 1988 to modify the job opportunities for certain low-income individuals program. Authorizes appropriations. (Sec. 7209) Outlines State demonstration projects for increasing the number of school hours to provide children with a safe and healthy environment without exposure to unfavorable neighborhood influences. Authorizes appropriations. (Sec. 7212) Provides that funds received by a State under the block grant program established by this Act, the optional State food assistance block grant program under the Food Stamp Act of 1977, and the child care block grant program under the Child Care and Development Block Grant Act of 1990 shall be expended only in accordance with the laws and procedures applicable to expenditures of the State's own revenues. (Sec. 7213) Makes conforming amendments under various specified titles of the Social Security Act, the Food Stamp Act of 1977, and other specified Federal laws. Subtitle D: Supplemental Security Income - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI because of disability to drug addicts and alcoholics whose addiction or alcoholism is a contributing factor to such disability; (2) revise representative payee requirements; (3) provide for referrals of SSI- eligible disabled individuals with a substance abuse condition to the appropriate State agency for treatment; (4) deny SSI benefits for ten years to individuals who fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; and (5) deny SSI benefits for fugitive felons and probation and parole violators. (Sec. 7251) Provides supplemental funding for alcohol and substance abuse treatment programs under the Public Health Service Act and for exchange of SSI information with law enforcement agencies. (Sec. 7261) Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying medical criteria for evaluating mental and emotional disorders, and discontinuing individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under 18 receiving SSI benefits based on a disability as of the enactment of this Act whose eligibility for such benefits may terminate because of these amendments. (Sec. 7262) Provides for periodic Commissioner reviews of the continued SSI eligibility of each individual under 18 who is eligible for such benefits because of an impairment or combination of impairments which may improve (or which is unlikely to improve, at the Commissioner's option). Requires a recipient's parent or guardian to present, at the time of such a review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition forming the basis for providing the benefits. Provides that if an individual is eligible for SSI benefits because of disability for the month preceding the month in which he or she turns 18, the Commissioner shall redetermine such eligibility, during the one year period beginning when the individual turns 18, by applying the criteria for determining the initial eligibility of applicants who have turned 18. Outlines specific requirements governing continuing disability reviews for low birth weight babies and benefit payments through representative payees to eligible individuals and their spouses. (Sec. 7271) Requires the Commissioner to: (1) report annually on SSI to the President and the Congress; (2) issue a request for comments regarding improvements to disability evaluation and determination procedures for individuals under 18 to ensure their comprehensive assessment; (3) review such comments and issue any necessary regulations; and (4) make arrangements with the National Academy of Sciences, or other independent entity, to study Old Age, Survivors, and Disability Insurance (OASDI) and SSI disability determination processes for reports to the President and the Congress. (Sec. 7274) Directs the Comptroller General to study and report to the Congress on this subtitles impact on SSI. (Sec. 7281) Establishes the National Commission on the Future of Disability to study matters related to Federal programs for individuals with disabilities, including OASDI and SSI programs, with resulting recommendations for appropriate action submitted to the President and the Congress. (Sec. 7291) Repeals maintenance of effort requirements applicable to optional State programs for supplementing SSI benefits. (Sec. 7295) Bases eligibility for SSI on the retirement age used under OASDI. Subtitle E: Child Support - Chapter 1: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 7302) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 7303) 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: Locate and Case Tracking - Mandates that single statewide automated data systems include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 7312) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 7313) Requires State plans to: (1) provide for a State- operated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 7314) Requires 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. 7315) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 3716) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) executing child support obligations; and (3) enforcing visitation orders. (Sec. 7317) Requires States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) death records. Chapter 3: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 7323) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Chapter 4: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. Requires State procedures under which the name of the father shall be included on the birth certificate only: (1) if the mother and father have signed a voluntary acknowledgement of paternity; or (2) pursuant to a judicial or administrative order. (Sec. 7333) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Chapter 5: Program Administration and Funding - Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 7342) 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. 7344) 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. 7345) 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 6: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines. (Sec. 7352) Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 7353) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 7354) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition. Chapter 7: Enforcement of Support Orders - Amends Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 7362) Amends part D (Child Support and Establishment of Paternity) of SSA title IV 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 members of the Armed Forces. (Sec. 7364) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 7365) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 7370) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support. (Sec. 7371) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement. (Sec. 7372) Denies means-tested Federal benefits to a non-custodial parent who is more than two months delinquent in paying child support. (Sec. 7373) Requires a State plan for child and spousal support to provide that such State will make reasonable efforts to enter into cooperative agreements with an Indian tribe or tribal organization having an established tribal court system with child support enforcement powers for the cooperative delivery of child support enforcement services. Authorizes the Secretary to make direct payments (analogous to payments to a State plan for spousal and child support) to an Indian tribe or tribal organization with an approved child support enforcement plan. (Sec. 7374) Requires States to have statutorily prescribed procedures under which a State agency shall enter agreements with financial institutions doing business within the State to develop and operate a data match system to provide identifying information for each absent parent targeted by the State who maintains an account at the institution, and to encumber such parent's assets at the institution pursuant to a lien or levy. (Sec. 7375) Requires the State plans for automated child support payment and disbursement units, to include a mandatory enforcement fee schedule. Expresses the sense of the Senate that the States should pursue the collection of enforcement costs from a noncustodial parent who: (1) denies paternity and is later determined to be the father; and (2) does not voluntarily comply with judicial or administrative enforcement orders. (Sec. 7376) Requires States to have statutorily prescribed procedures under which child support orders relating to the child of minor parents, where the mother is receiving assistance, are enforceable against the child's paternal grandparents. (Sec. 7377) Expresses the sense of the Senate urging States: (1) to continue diligently their efforts to enforce child support payments by the non-custodial parent regardless of such parent's employment status or location; and (2) to pursue pilot programs in which the parents of a non-adult, non-custodial parent who refuses to or is unable to pay child support must pay or contribute to the child support owed by the non-custodial parent, or otherwise fulfill all financial obligations and meet all conditions imposed on the non- custodial parent, such as participation in a work program or other related activity. 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. (Sec. 7379) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Chapter 9: Enhancing Responsibility and Opportunity for Nonresidential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate absent parents' access to their children. Chapter 10: Effect of Enactment - Sets forth effective dates for the provisions of this subtitle. Subtitle F: NonCitizens - Gives States the option to prohibit Federal public assistance for certain aliens. (Sec. 7402) Sets forth: (1) procedures governing Federal assistance eligibility determinations with regard to deemed income and resources of a U.S. citizen or national or an alien; and (2) requirements for sponsor's affidavit of support. (Sec. 7404) Provides for limited eligibility of noncitizens for SSI benefits. (Sec. 7405) Makes a noncitizen entering the United States ineligible for five years afterwards to receive any benefits under any program of assistance provided, or funded, in whole or in part, by the Federal Government, for which benefit eligibility is based on need, with certain exceptions. Sec. 7406) Requires certain periodic information reporting by the appropriate authorities under SSA titles IV and XVI and the United States Housing Act of 1937 to the Immigration and Naturalization Service with regard to unlawful aliens. (Sec. 7407) Prohibits Federal benefits from being paid or provided to any person not lawfully present in the United States, with certain exceptions pertaining to emergency medical or short-term disaster relief services, school lunches and child nutrition, and immunizations. Authorizes appropriations. Subtitle G: Additional Provisions Relating to Welfare Reform - Specifies measures designed for obtaining workforce reductions at several Federal departments, with specified reductions set out for HHS, for a report to the Congress. (Sec. 7421) Provides for a reduction in block grants for social services under SSA title XX (Block Grants to States for Social Services). (Sec. 7422) Requires the Secretary to establish certain goals and conduct a certain study under SSA title XX related to out-of-wedlock and teenage pregnancy preventions for reports to the Congress. (Sec. 7431) Places a limitation on administrative expenses under SSA title IV part E (Foster Care and Adoption Assistance). (Sec. 7441) Provides for exempting battered individuals from certain requirements under this Act where their application would endanger the individual's well-being. (Sec. 7442) Expresses the sense of the Senate that: (1) prior to its acting on any welfare reform measures the Congressional Budget Office shall prepare certain analyses estimating the various costs to the States of meeting the requirements imposed on them by such measures; and (2) States and local jurisdictions should aggressively enforce statutory rape laws. (Sec. 7444) Declares that States shall not be prohibited by the Federal Government from sanctioning welfare recipients who test positive for controlled substance use. (Sec. 7445) Increases funding for abstinence education under SSA title V (Maternal and Child Health Services), providing as well for certain funding set-asides for such education. (Sec. 7446) Provides that if an individual's benefits under a Federal, State, or local law relating to a means-tested welfare or public assistance program (which include the food stamp, AFDC, and public or assisted housing programs) are reduced because of fraud by the individual, the individual may not, for the duration of the reduction, receive an increased benefit under any other means-tested welfare or public assistance program for which Federal funds are appropriated as a result of a decrease in the income of the individual attributable to such reduction. Subtitle H: Reform of the Earned Income Tax Credit - Amends earned income tax credit provisions of the Internal Revenue Code to require the inclusion of an eligible individual's social security number on such individual's tax return. Repeals such credit for individuals without children. Decreases the credit percentage for those with two or more children. Revises rules relating to the denial of the credit on the basis of disqualified income. Replaces references to adjusted gross income, concerning the credit, with references to modified adjusted gross income. Defines modified adjusted gross income to include certain nontaxable income and to disregard certain losses. Doubles the penalties to be paid by tax preparers violating provisions applicable to those who prepare returns for others. Subtitle I: Increase in Public Debt - Increases the public debt limit. Subtitle J: Correction of Cost of Living Adjustments - Expresses the sense of the Senate that: (1) the Consumer price index overstates the cost of living in the United States; (2) overstatement of the cost of living undermines the equitable administration of Federal benefits; and (3) all cost of living adjustments required by Federal law should be corrected as soon as possible. Title VIII: Committee on Governmental Affairs - Provides under the Omnibus Budget Reconciliation Act of 1993 for an extension of the delay in cost-of-living adjustments in Federal employee retirement benefits through FY 2002. (Sec. 8002) Revises Federal civil service law with respect to the Civil Service (CSRS) and Federal Employees'(FERS) Retirement Systems regarding deductions, contributions, and deposits, increasing agency contributions under CSRS during calendar years 1996 through 2002, and providing for a phased-in increase under both systems of the amounts of individual deductions, deposits, and withholdings until 2003, when the percentage of basic pay subject to such withholding generally reverts back to the current 1995 rate, except with regard to congressional employees and Members of Congress. Provides additional retirement-related changes under both systems with regard to the later two types of employees and their years of service for purposes of computing an annuity. Title IX: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend provisions regarding surcharges on patent and trademark fees through FY 2002. Specifies patent and trademark user fee amounts to be collected through establishment of surcharges for FY 1999 through 2002. Title X: Committee on Labor and Human Resources - Amends the Higher Education Act of 1965 (HEA) with respect to student loan programs. (Sec. 10002) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; (2) for academic year 1995-1996 to 30 percent, and for any succeeding fiscal year to 20 percent, of such volume for such year, except that the Secretary of Education may not enter into agreements with any additional eligible institutions that have not applied and been accepted for participation in such program on or before September 30, 1995. Eliminates provisions for selecting additional institutions to participate in such pilot program. Revises provisions for funds for administrative expenses. Sets institutional default rate limitations on direct lending. Conditions the Secretary's authority to make new direct loans on the issuance of certain final standards and procedures for calculation of institutional default rates and for termination proceedings. Eliminates the transition to the Federal Direct Loan Program. Repeals certain provisions relating to fees for origination services. Establishes requirements for a student loan program school participation fee to be paid by all eligible institutions on the basis of the total volume of Federal student loans (except consolidation loans) they disburse annually under the Federal Family Education Loan (FFEL) and the Federal Direct Loan (FDL) programs. Makes provisions for State risk sharing with respect to default costs applicable to Federal Direct Loans. (Sec. 10003) Eliminates certain grace period interest subsidies for new student loans for new borrowers. Revises the parent loan (Federal PLUS loans) program to: (1) raise interest rates on PLUS loans; and (2) require each holder of a PLUS loan to pay biannual rebates of interest subsidies to the Secretary of Education. Provides that Federal Direct loans have the same terms and conditions as FFEL (guaranteed) loans. Permits development, production, distribution, or use of the common application form in an electronic format through software produced or distributed by guaranty agencies or eligible lenders, or consortia of agencies and lenders. Allows the applicant to certify the outcome of the application in a subsequent document. Prohibits charging a fee in connection with the use of such electronic form. Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Sets forth conditions under which: (1) Federal Direct (Perkins) Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. Allows income contingent repayment in the FFEL (guaranteed or Stafford) loan program. (Sec. 10004) Revises provisions affecting FFEL program lenders and loanholders. Revises provisions for insurance program agreements to qualify for interest subsidies to lower the percentage of unpaid principal of loans which must be insured under certain conditions. Lowers the percentage of claimed unpaid principal and interest on loans which must be paid by guaranty agencies to lenders and servicers. Increases the amount of loan fees from lenders. Requires each holder of a subsidized or unsubsidized Federal Stafford loan to pay a biannual insurance subsidy rebate to the Secretary of Education. Adds an audit exemption for small lenders. (Sec. 10005) Revises provisions affecting guaranty agencies. Requires guaranty agencies to use at least 50 percent of their reserve funds to purchase and hold defaulted loans that they guarantee and for which insurance claims are filed by the eligible lender, with specified exceptions. Extends the period for which a guaranty agency is required to hold a defaulted loan under certain conditions. Sets forth provisions for the new extended holding period program with respect to subject loans, excluded loans, and guaranty agency efforts during such period. Prohibits the Secretary from regulating the collection activities of a guaranty agency with respect to any loan which is subject to such extended holding period and for which reinsurance has not been paid. Revises provisions relating to: (1) administrative cost allowances; (2) the Secretary's share of collections on consolidated defaulted loans; (3) reserve funds of guaranty agencies; and (4) certain monitoring conducted through the National Student Loan Data System or otherwise. Eliminates provisions for payments by the Secretary for supplemental preclaims assistance by guaranty agencies. Prohibits use of reserve funds of a guaranty agency for marketing, advertising, or promotion of the Robert T. Stafford Federal student Loan Program, or for the hiring of advertising agencies or other third parties to provide advertising services. (Sec. 10006) Extends the authorization of appropriations for, and the duration of, each program under the FFEL program. (Sec. 10007) Provides for the privatization and renaming of the College Construction Loan Insurance Association (Connie Lee), and the cessation of Federal sponsorship. Repeals provisions for such Association under HEA. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Extension of Certain Authorities - Extends through FY 2002: (1) the 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) certain Department veterans' medical care cost recovery authority; (3) the authority of the Secretary of Veterans Affairs to charge and collect a fee for Department-guaranteed veterans' housing loans; (4) the authority under Federal veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs- based benefits; and (5) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and surviving spouses who have no dependents and reside in Medicaid-participating nursing homes. Subtitle B: Cost-of-Living Adjustments in Compensation Rates - Prohibits the cost-of-living adjustments to veterans' disability compensation rates from being increased during FY 1996 through 2002 by a greater percentage than the increase during such period for benefits under title II (Old age, survivors and disability insurance) of the Social Security Act. Requires such rates to be rounded down to the next lower dollar. Subtitle C: Educational Benefits - Limits the FY 1996 through 2002 cost-of-living adjustments in the rates of educational assistance payable under the Montgomery GI Bill to 50 percent of the increase in the Consumer Price Index during such period. Increases, for those individuals who first become eligible for such assistance during FY 1996 through 2002, the amount authorized to be deducted from monthly basic pay for participation in the program. Subtitle D: Miscellaneous - Revises the Government's liability standard for disability or death resulting from Department treatment to allow compensation to be awarded for the additional disability or death in the same manner as if such disability or death were service- connected. Title XII: Committee on Finance-Revenue Provisions - Subtitle A: Family Tax Relief - Amends the Internal Revenue Code to allow a credit of $500 annually per child. Provides for reductions in such credit, if income exceeds specified amounts. Increases the standard deduction for married individuals. Allows a credit of up to $5000 for qualified adoption expenses. Excludes from gross income up to $5000 of employee adoption assistance provided by an employer. Allows a credit of up to $500 for interest on qualified educational loans. Subtitle B: Savings and Investment Incentives - Chapter 1: Retirement Savings Incentives - Subchapter A: Individual Retirement Plans - Part I: Restoration of IRA Deduction - Increases the income limits for Individual Retirement Account deductions. Allows for full participation by both spouses, including homemakers. Provides an inflation adjustment for the deductible amount. Part II: Nondeductible Tax-Free IRAs - Provides for the establishment IRA Plus accounts for which there shall be no deduction for contributions, however, qualifying distributions shall not be included in gross income. Subchapter B: Penalty-Free Distributions - Permits, as specified, distributions without penalty: (1) to purchase a first home; (2) for financially devastating medical expenses; (3) for qualified higher education expenses; or (4) for certain unemployed individuals. Subchapter C: Simple Savings Plans - Provides for the establishment of simple retirement accounts for employees of employers who employ 100 or fewer employees. Permits payments of up to $6000 annually into such an account by an employer. Allows for the deduction by the employee of such payment. Treats employer contributions to such plans generally the same as deductions of an employer to an employees' trust or annuity plan and compensation under a deferred-payment plan are treated. Provides for the extension a simple plan to a 401(k) arrangement. Chapter 2: Capital Gains Reform - Subchapter A: Taxpayers Other Than Corporations - Establishes a capital gains deduction of 50 percent for individuals. Set forth special rules for collectibles. Doubles the amount of gross assets a corporation may have and still qualify for the 50 percent exclusion for gain from certain small business stock. Repeals the per-issuer limitation. Permits the rollover of gain from qualified small business stock to another qualified small business stock without recognition of gain under specified conditions. Subchapter B: Corporate Capital Gains - Revises the alternative tax for corporations to set forth the general rule that if there is a net capital gain for a corporation, then in lieu of other applicable taxes, a tax is imposed consisting of the sum of: (1) a tax computed on the taxable income reduced by the net capital gain, at the rates and in the manner as if this provision had not been enacted; plus (2) a tax of 28 percent of the net capital gain. Provides a special rule for qualified small business gain. Chapter 3: Corporate Alternative Minimum Tax Reform - Revises: (1) depreciation rules used for adjusting the computation of alternative minimum taxable income; and (2) provisions for determining credit for prior minimum tax liability so as to allow long-term unused credits against the minimum tax. Subtitle C: Health Related Provisions - Chapter 1: Long-Term Care Provisions - Subchapter A: Long-Term Care Services and Contracts - Part I: General Provisions - Permits a deduction for qualified long-term care to the same extent as other qualified expenses are allowed for the medical care deduction. Provides the following general rules with respect the treatment of a long-term care insurance contract: (1) it shall be treated as an accident or health insurance contract; (2) any plan of an employer providing coverage of qualified long-term care services shall be treated as an accident or health plan with respect to such services; (3) amounts (other than policyholder dividends or premium refunds) received under such a contract or plan shall be treated as amounts received for personal injuries or sickness and shall be treated as reimbursement for expenses actually incurred for medical care; (4) per diem payments or other periodic payments shall be treated as payments made with respect to qualified long-term care services; and (5) it shall be treated as a guaranteed renewable contract. Defines such a contract, as well as the term long-term care services. Requires reporting by any person paying long-term care benefits. Part II: Consumer Protection Provisions - Requires a long-term care insurance contract to meet the following general requirements: (1) specified model regulation and model Act requirements of the long- term care insurance model regulations and the long-term care insurance model Act promulgated by the National Association of Insurance Commissioners; (2) specified disclosure requirements; and (3) specified nonforfeiture requirements. Imposes a tax of $100 per day per policy on any person failing to meet specified requirements of the model regulations and model Act. Subchapter B: Treatment of Accelerated Death Benefits - Provides, in general, that any amount received under a life insurance contract on the life of a terminally ill individual shall be treated as being paid because of the death of such individual. Subchapter C: Medical Savings Accounts - Permits a deduction as a medical expense of up to $2000 for an individual and up to $4000 for a family for amounts paid into a medical savings account. Excludes employer contributions from the gross income of an employee who is covered by a high deductible health plan. Defines a medical savings account and states, as part of the definition, that any amount paid out of such an account exclusively for qualified medical expenses shall not be included in gross income. Subchapter D: Other Provisions - Increases and provides an inflation adjustment for the death benefit limits, for purposes of the cash value accumulation test of a life insurance contract. Subtitle D: Estate Tax Reform - Excludes from the gross value of certain estates involving a family-owned business the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includable in the estate; or (2) the sum of $1,500,000, plus 50 percent of the excess of the adjusted value of such interests over $1,500,000, but not over $5,000,000. Increases the unified estate and gift tax credit. Provides for a limited exclusion from the value of a gross estate for the election of a qualified conservation easement. Subtitle E: Extension of Expiring Provisions - Chapter 1: Extensions Through February 28, 1997 - Extends provisions concerning the following through February 28, 1997: (1) the work opportunity tax credit; (2) employer-provided educational assistance programs; (3) the research tax credit; (4) employer-provided group legal services; (5) the orphan drug tax credit; (6) contributions of stock to private foundations; and (7) the delay of the scheduled increase in tax on fuel used in commercial aviation. Chapter 2: Extensions of Superfund and Oil Spill Liability Taxes - Extends: (1) the environmental tax until January 1, 1998; (2) the Hazardous Superfund Financing rate until October 1, 2002; and (3) the Oil Spill Liability Trust Fund financing rate until October 1, 2002. Chapter 3: Extensions Relating to Fuel Taxes - Extends the: (1) ethanol blender refund provisions until September 30, 1999; and (2) binding contract date for biomass and coal facilities provisions for one year. Chapter 4: Diesel Dyeing Provisions - Provides an exemption from diesel fuel dyeing requirements for certain States. Prohibits an excise tax, until March 1, 1997, on diesel fuel sold for use or used in diesel powered motor boats. Chapter 5: Treatment of Individuals Who Expatriate - Sets forth the tax responsibilities of an expatriate: (1) who has had an average annual net income tax of more than $100,000 for the five year period ending before expatriation; (2) or whose net worth is $500,000 or more. Provides as a general rule that all property of a covered expatriate shall be treated as sold on the expatriation date for its fair market value. 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. Sets forth specified reporting requirements for all expatriates. Subtitle F: Taxpayer Bill of Rights 2 Provisions - Authorizes the abatement of interest in the case of an unreasonable error in the performance by the IRS of a ministerial or managerial act. (Currently, such abatement is authorized for an error of a ministerial act.) Grants the Tax Court jurisdiction to determine if the failure of the IRS to abate interest was an abuse of discretion. Permits a joint return to be made after the filing of separate returns without the full payment of taxes shown on the return. Increases from $500 to $50,000 the offers-in-compromise amount for which a written opinion is required from the Office of Chief Counsel. Permits the awarding of litigation costs in declaratory judgment proceedings. Permits the reduction of an award for civil damages for unauthorized collection activities if the court determines that all available administrative remedies have not been exhausted. Includes enrolled agents as third-party recordkeepers. Requires an annual notice to each taxpayer with an outstanding tax delinquency. Subtitle G: Casualty and Involuntary Conversion Provisions - Revises involuntary conversion provisions to provide that if property was acquired as the result of a compulsory or involuntary conversion (as a result of partial or whole destruction through theft, seizure, or requisition or condemnation), the basis shall be the same as in the case of the property so converted: (1) decreased by the amount of any money received which was not expended in accordance with law determining taxable status of any gain or loss upon conversion; or (2) increased in the amount of gain or decreased in the amount of loss recognized upon conversion. Provides that, in the case of a C corporation, certain partnerships owned by one or more C corporations, or any taxpayer with involuntarily converted property with a realized gain of more than $100,000, any replacement property must be acquired from an unrelated person. Provides for the application of involuntary exclusion rules to residentially declared disasters. Subtitle H: Exempt Organizations and Charitable Reforms - Permits tax-exempt foundations and community foundations to establish tax-exempt community service organizations to operate exclusively for charitable purposes. Applies the excise tax on private foundations, except the taxes on investment income and on failure to distribute income, to such organizations. Declares that unrelated trade or business does not include the activity of soliciting and receiving qualified sponsorship payments for purposes of the tax on unrelated business income of charitable and other tax-exempt organizations. Prohibits agricultural or horticultural organization member dues of less than $100 from being treated as unrelated business income. Repeals the credit for contributions to community development corporations. Requires the executor of an estate claiming a charitable deduction for the transfer of a remainder interest to provide a written notice to each charitable beneficiary. Subtitle I: Tax Reform and Other Provisions - Chapter 1: Provisions Relating to Business - Provides, with respect to a corporate shareholder's basis in stock reduced by the nontax portion of extraordinary dividends, that if the nontaxed 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. Requires the organizer of a corporate tax shelter to register the shelter. Sets forth penalties for failure to file. Prohibits a deduction for interest paid on life insurance policies, endowments, or annuities which cover a company officer or employee. Repeals the Puerto Rico and possessions tax credit for years beginning after December 31, 1995. Revises provisions concerning: (1) the income forecast method of determining depreciation deductions; and (2) transfers of excess pension assets to retiree health accounts. Repeals the exclusion for interest on loans used to acquire employer securities. Chapter 2: Legal Reforms - Specifies that the exclusion from income of damages for personal injuries or sickness does not include punitive damages. Chapter 3: Reforms Relating to Nonrecognition Provisions - Prohibits the nonrecognition of gain on the sale of a principal residence: (1) which is attributable to depreciation adjustments; or (2) unless the replacement property is located in the U.S. Chapter 4: Excise Tax and Tax-Exempt Bond Provisions - Repeals the diesel fuel tax rebate to purchasers of diesel-powered automobiles and light trucks. Repeals the wine and flavors content credit. Prohibits the imposition of the ozone depleting chemicals tax on any halon imported from any country which is a signatory to the Montreal Protocol on Substances that Deplete the Ozone Layer. Revises provisions concerning exempt facilities bond penalties to allow an election, as specified, to avoid such penalties for certain local furnishers of electricity and gas. Sets forth a special provision concerning the financing of the Snettisham hydroelectric project in Alaska. Chapter 5: 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. Chapter 6: Financial Assets Securitization Investments - Treats a Financial Asset Securitization Investment Trust (FASIT) as a partnership and prohibits its treatment as a taxable mortgage pool. Requires, for purposes of determining the tax of any holder of a regular interest in a fasit, that such interest be treated: (1) if not otherwise a debt instrument, as a debt instrument; and (2) for purposes of the treatment of worthless securities, as issued by a corporation. Requires, for purposes the tax of the holder of the ownership interest in a FASIT, that such tax shall be determined as if: (1)such holder were a partner in such FASIT; and (2) such FASIT had filed an election under provisions determining the manner of electing an optional adjustment to the basis of partnership property. Declares that: (1) the taxable income of the holder of the ownership interest or high-yield interest in a FASIT for any taxable year shall in no event be less than such holder's taxable income determined solely with respect to such interests; and (2) if any high-yield interest is held by a disqualified holder, the provisions of chapter 1 (Normal Taxes and Surtaxes) shall be applied as if the transferor of such interest to such holder had not transferred such interest. Chapter 7: Depreciation Provisions - Amends provisions concerning the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility which provides water or sewage disposal services that: (1) is a contribution in aid of construction; (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as service charges for starting or stopping services. Determines the depreciation deduction for such property by using the straight line method and provides for a 25-year recovery period. Revises provisions concerning: (1) the deduction for certain operating authority; and (2) the class life for gas station convenience stores and similar structures. Chapter 8: Other Provisions - Provides for the application of the failure-to-pay penalty to returns prepared by the Secretary. Requires withholding from bingo and keno winnings. Provides that in the case of any loss arising from the sale or exchange of foreclosure property which is treated as a capital loss: (1) only 15 percent of the amount of such loss shall be treated as a capital loss; and (2) the remainder shall be treated as a loss from the sale or exchange of real property used in carrying on an insurance business which is recognized ratably over a ten year period. Revises provisions concerning coal industry health benefit plans shortfalls and surpluses. Includes newspaper distributors in the definition of the term direct seller. Provides nonrecognition treatment for certain transfers by common trust funds to regulated investment trusts. Provides for the treatment of: (1) certain insurance contracts on retired lives; and (2) modified guaranteed contracts. Subtitle J: Pension Simplification - Chapter 1: General Provisions - Subchapter A: Simplification of Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner, has compensation from the employer in excess of $80,000, or was the most highly compensated officer of the employer. Provides a special rule where no employees meet those criteria. Defines "participant's compensation" and "compensation" for purposes of specified provisions. Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. Modifies the two-part nondiscrimination test for elective contributions under cash or deferred arrangements by permitting the average deferral percentage for nonhighly compensated employees for the preceding year to be used in determining the permitted average deferral percentage for highly compensated employees for the current year. Subchapter B: Simplified Distribution Rules - Repeals: (1) the $5,000 limitation on the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions. Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. Subchapter C: Targeted Access to Pension Plans for Small Employers - Allows a current year business credit for small employer pension plan qualified start-up costs. Prohibits treating a cash or deferred arrangement as qualified if it is part of a plan maintained by a State or local government or subdivision or a tax-exempt organization described in Internal Revenue Code section 501(c)(3). (Current law applies that prohibition to all tax-exempt organizations, not just to 501(c)(3) tax-exempt organizations.) Subchapter D: Paperwork Reduction - Specifies a limitation, for years beginning after December 31, 1998, concerning a defined benefit plan and a defined contribution plan for the same employee. Subtitle E: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Establishes a contribution limit for owner-employees of retirement plans. Eliminates the special vesting rule for multiemployer plans. Amends minimum funding standards provisions to provide for the treatment of multiemployer plans with regard to full funding limitation provisions and valuation provisions. Modifies the treatment of governmental plans with respect to limits on contributions and benefits. Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. Provides for the application of participant's compensation provisions to permanently and totally disabled participants when a defined contribution plan provides for the continuation of contributions on behalf of all such disabled participants for a fixed or determinable period. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants on the basis of hardship or after attainment of age 59 1/2. Treats certain retirement incentive payments for tenured faculty as not providing for the deferral of compensation. Makes the social security retirement age the uniform retirement age for purposes of discrimination testing. Doubles from five to ten percent the tax on prohibited transactions. Amends the Revenue Act of 1987 to extend, for two years, IRS user fee provisions. Chapter 2: Church Fees - Recodifies and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.

Seven-Year Balanced Budget Reconciliation Act of 1995

United States · United States Congress · 20 October 1995

TABLE OF CONTENTS: Title I: Committee on Agriculture Subtitle A: Freedom to Farm Subtitle B: Dairy Subtitle C: Other Commodities Subtitle D: Miscellaneous Program Changes Subtitle E: Commission on 21st Century Production Agriculture Title II: Committee on Banking and Financial Services Subtitle A: Housing Provisions Subtitle B: Thrift Charter Conversion Subtitle C: Community Reinvestment Act Amendments Subtitle D: Phase-Down of Oversight Board Title III: Committee on Commerce Subtitle A: Communications Subtitle B: Nuclear Regulatory Commission Annual Charge Subtitle C: United States Enrichment Corporation Subtitle D: Waste Isolation Pilot Project Subtitle E: Strategic Petroleum Reserve Title IV: Committee on Economic and Educational Opportunities Subtitle A: Higher Education Subtitle B: Service Contract Repeal Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 Title V: Committee on Government Reform and Oversight Title VI: Committee on International Relations Subtitle A: Recovery of Costs of Certain Health Care Services Subtitle B: Enactment into Law of Division A of H.R. 1561 Subtitle C: Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 Title VII: Committee on the Judiciary Title VIII: Committee on National Security Subtitle A: Military Retired Pay Subtitle B: Naval Petroleum Reserves Subtitle C: National Defense Stockpile Title IX: Committee on Resources Subtitle A: Alaska and Helium Privatization Subtitle B: Water and Power Subtitle C: National Parks, Forests, and Public Lands Subtitle D: Territories Subtitle E: Minerals Subtitle F: Indian Gaming Subtitle G: Consultation Subtitle H: Mapping Title X: Committee on Transportation and Infrastructure Subtitle A: Water Resources Subtitle B: Ocean Shipping Reform Subtitle C: Midewin National Tallgrass Prairie Subtitle D: Miscellaneous Provisions Title XI: Committee on Veterans' Affairs Subtitle A: Extension of Temporary Authorization Subtitle B: Other Matters Subtitle C: Health Care Eligibility Reform Title XII: Trade Subtitle A: Technical Corrections and Miscellaneous Trade Provisions Subtitle B: Generalized System of Preferences Subtitle C: Trade Adjustment Assistance Title XIII: Committee on Ways and Means-Revenue Reconciliation Subtitle A: Extension of Expiring Provisions, Etc. Subtitle B: Medical Savings Accounts Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 Subtitle D: Additional Technical Corrections Subtitle E: Tax Information Sharing Subtitle F: Revenue Increases Subtitle G: Reform of the Earned Income Tax Credit Subtitle H: Increase in Public Debt Limit Subtitle I: Coal Industry Retiree Health Equity Title XIV: Committee on Ways and Means-Tax Simplification Subtitle A: Provisions Relating to Individuals Subtitle B: Pension Simplification Subtitle C: Treatment of Large Partnerships Subtitle D: Foreign Provisions Subtitle E: Other Income Tax Provisions Subtitle F: Estates and Trusts Subtitle G: Excise Tax Simplification Subtitle H: Administrative Provisions Title XV: Preserving, Protecting, and Strengthening Medicare Title XVI: Transformation of the Medicaid Program Title XVII: Abolishment of Department of Commerce Subtitle A: Abolishment of Department of Commerce Subtitle B: Disposition of Various Programs, Functions, and Agencies of Department of Commerce Subtitle C: Office of United States Trade Representative Subtitle D: Patent and Trademark Office Corporation Subtitle E: Miscellaneous Provisions Title XVIII: Welfare Reform Title XIX: Contract with America-Tax Relief Title XX: Budget Enforcement Seven-Year Balanced Budget Reconciliation Act of 1995 - Title I: Committee on Agriculture - Agricultural Reconciliation Act of 1995 - Subtitle A: Freedom to Farm - Freedom to Farm Act of 1995 - Amends the Agricultural Act of 1949 (Act) to direct the Secretary of Agriculture (Secretary) to offer seven-year market transition contracts for cropland compliance with conservation and wetland requirements. (Sec. 1103) Makes nonrecourse marketing assistance loans available through crop year 2002 for wheat, feed grains, upland cotton, extra long staple cotton, rice, and oilseeds. (Sec. 1104) Amends the Food Security Act of 1985 to revise certain agricultural program payment limitations relating to individual attribution of payments to corporations. Permits the use of social security and employer identification numbers for such purposes. Subtitle B: Dairy - Chapter 1: Authorization of Marketing Transition Payments in Lieu of Milk Price Support Program - Amends the Act to direct the Secretary to offer seven-year market transition contracts (in lieu of price supports) to milk producers for compliance with animal waste and wetland requirements. (Sec. 1202) Makes recourse loans available to commercial processors of dairy products. Chapter 2: Dairy Export Programs - Amends the Food Security Act of 1985 with regard to the dairy export incentive program, including maximum levels of Commodity Credit Corporation assistance. (Sec. 1212) Directs the Secretary to assist the dairy industry to establish and maintain an export trading company, or alternatively, to identify another nongovernmental entity for such purpose under specified circumstances. (Sec. 1214) Directs the Secretary to study the potential impact on the U.S. dairy industry of additional cheese granted U.S. access under the Uruguay Round on Prices. Chapter 3: Dairy Promotion Programs - Amends the Fluid Milk Promotion Act of 1990 to extend fluid milk marketing order authority. (Sec. 1222) Amends the Dairy Production Stabilization Act of 1983 to include imported dairy products under the dairy promotion program. Increases National Dairy Promotion and Research Board membership. Obligates funds for international market development. Chapter 4: Verification of Milk Receipts - Amends the Act to establish a milk receipts verification program (which shall replace certain milk marketing orders). Chapter 5: Miscellaneous Provisions Related to Dairy - Amends the Act to extend dairy product transfer authority for military and veterans hospitals. (Sec. 1242) Amends Federal law to extend the dairy indemnity program. Subtitle C: Other Commodities - Amends the Act and the Agricultural Adjustment Act of 1938 to extend and revise peanut price support and quota programs. (Sec. 1302) Amends the Act to provide loans (recourse or nonrecourse depending upon sugar tariff levels) for sugarcane and sugar beet processors. Amends the Agricultural Adjustment Act of 1938 to repeal sugar marketing quota and allotment provisions. (Sec. 1303) Amends the Disaster Assistance Act of 1988 to repeal cottonseed price support authority. Subtitle D: Miscellaneous Program Changes - Amends the Emergency Livestock Feed Assistance Act of 1988 to prohibit emergency livestock feed assistance if crop insurance or crop disaster assistance is available. (Sec. 1402) Amends the Food Security Act of 1985 with regard to the conservation reserve program to: (1) reduce and limit acreage enrollments; (2) authorize optional contract termination by producers; and (3) limit rental rates. (Sec. 1403) Amends the Federal Crop Insurance Act to permit a producer to decline catastrophic risk protection for a specified crop and continue to maintain eligibility for other specified agricultural program benefits. Amends the Department of Agriculture Reorganization Act of 1994 to establish an Office of Risk Management to supervise the Federal Crop Insurance Corporation. (Sec. 1404) Amends the Act to repeal the farmer owned reserve program. (Sec. 1405) Amends the Agricultural Trade Act of 1978 to extend export enhancement program funding. (Sec. 1406) Directs the Secretary to establish the Business Interruption Insurance Program to cover agricultural crop producer revenue losses. Subtitle E: Commission on 21st Century Production Agriculture - Establishes the Commission on 21st Century Production Agriculture which shall assess: (1) the changes in U.S. production agriculture resulting from this Act; and (2) the current and future condition of U.S. production agriculture and the appropriate agricultural role of the Government. Terminates the Commission upon submission of a required report. Title II: Committee on Banking and Financial Services - Subtitle A: Housing Provisions - Amends the Federal Home Loan Bank Act to terminate the Resolution Trust Corporation and Federal Deposit Insurance Corporation affordable housing programs and transfer remaining authority to the Department of Housing and Urban Development. Amends the National Housing Act to authorize foreclosure avoidance and mortgagee assistance. Amends the Housing and Community Development Amendments of 1978 with regard to the multifamily property disposition program. Amends the Housing Act of 1949 to provide for rural housing loan subsidy recapture upon loan repayment. Amends the Housing Act of 1937 to reduce the section 8 annual adjustment factors for units with no tenant turnover. Subtitle B: Thrift Charter Conversion - Thrift Charter Conversion Act of 1995 - Chapter 1: Bank Insurance Fund and Savings Association Insurance Fund - Amends the Federal Deposit Insurance Act (FDIA) to prescribe guidelines for the imposition of a single additional special assessment on each member of the Savings Association Insurance Fund (SAIF) and the Bank Insurance Fund (BIF), for deposit into the SAIF. (Sec. 2202) Amends the Federal Home Loan Bank Act to make conforming amendments to the assessment authority of the Financing Corporation (FICO), extending FICO assessments to all depository institutions insured by the Federal Deposit Insurance Corporation (FDIC). Amends the FDIA to declare that assessment rates for SAIF members may not be less than assessment rates for BIF members. Amends the FDIA to: (1) repeal its exit moratorium and conversion (Oakar) provisions; (2) replace the BIF with a deposit insurance fund initially consisting of the merged assets and liabilities of the BIF and SAIF; (3) direct the FDIC to merge the BIF and SAIF into the deposit insurance fund on January 1, 1998; and (4) establish in the new deposit insurance fund a special emergency reserve. (Sec. 2204) Prescribes procedural guidelines with respect to the refund of amounts in a deposit insurance fund in excess of the designated reserve amount. (Sec. 2205) Prohibits the FDIC Board of Directors from setting semi-annual assessments in excess of the amount needed to maintain or achieve the designated reserve ratio of a deposit insurance fund. Chapter 2: Status of Banks and Savings Associations - Prescribes procedural guidelines for the termination of Federal savings association charters and their conversion into national bank charters or State depository institution charters. Prohibits the Director of the Office of Thrift Supervision from granting any charter for a Federal savings association. Amends the FDIA to treat State Savings Associations as banks for purposes of Federal banking law. (Sec. 2222) Amends the Bank Holding Company Act of 1956 to permit continuation of grandfathered bank holding company activities and affiliations. (Sec. 2223) Sets forth transition provisions for: (1) activities of savings associations and mutual savings associations which have converted into or become treated as banks (including mutual national banks); and (2) registration of bank holding companies resulting from conversions of savings associations to banks or treatment of savings associations as banks. (Sec. 2228) Repeals the Home Owners' Loan Act. Chapter 3: Transfer of Functions, Personnel, and Property - Abolishes the Office of Thrift Supervision and the position of Director of such Office. Transfers its functions, personnel, and property to the Office of the Comptroller of the Currency, the FDIC, or the Board of Governors of the Federal Reserve System. Subtitle C: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent to prohibit a supervisory agency from imposing additional burden, recordkeeping, or reporting when examining financial institutions. (Sec. 2302) Exempts a regulated financial institution from CRA evaluation requirements if: (1) the institution and its parent bank holding company have aggregate assets of not more than $100 million; and (2) it publicizes its services to local low- and moderate-income neighborhoods. (Sec. 2303) Permits qualifying financial institutions to self-certify compliance with CRA requirements. Prohibits a Federal regulatory agency from imposing additional self-certification requirements. (Sec. 2304) Adds provisions for community input and conclusive rating, including: (1) requirements for publication of exam schedule; (2) opportunity for comment and evaluation by the appropriate Federal financial supervisory agency; and (3) procedures for requests for rating reconsideration. (Sec. 2305) Mandates that, in conducting assessments of financial institutions, the appropriate Federal regulatory agency: (1) consider the nature of the business of special purpose financial institutions; (2) assess and take into account the institution's record commensurate with the amount of deposits it has received; and (3) develop standards under which they may be deemed to be in compliance with CRA requirements consistent with the specific nature of such businesses. Defines a "special purpose institution" as one that does not generally accept retail deposits from the public in amounts of less than $100,000, such as wholesale, credit card, and trust institution. (Sec. 2306) Requires the appropriate Federal financial supervisory agency, in assessing and taking into account the records of a regulated financial institution for purposes of CRA compliance, to consider as a positive factor, consistent with safe and sound operation of the institution, its investments in or loans to: (1) minority or women's depository institutions, or low-income credit unions; and (2) joint ventures, entities, or projects providing benefits to distressed communities (regardless of whether the recipient institutions or communities are located within the regulated financial institution's chartered service area). (Sec. 2307) Prohibits additional CRA recordkeeping and loan data collection requirements. (Sec. 2309) Amends the Federal Home Loan Bank Act to exempt from certain reporting requirements members which receive a CRA rating of outstanding or satisfactory. (Sec. 2310) Expresses the sense of the Congress that congressional committees should exercise aggressive oversight of the adoption and implementation of any CRA regulation by a Federal supervisory agency. Requires such an agency to report to the Congress on the implementation of all CRA regulations. (Sec. 2311) Amends the FDIA to direct each Federal banking agency to ensure that its banking examiners consult on examination activities and resolve any inconsistent recommendations given to a depository institution. (Sec. 2312) Amends the CRA to prohibit a Federal agency from prescribing any regulation which would: (1) require a financial institution to make any loan or enter into any agreement on the basis of any discriminatory criteria prohibited under Federal law; (2) make any loan to, or enter into any other agreement with, an uncreditworthy person that would jeopardize the institution's safety and soundness; or (3) hinder the institution's full responsibility to provide credit to all community segments. Subtitle D: Phase-Down of Oversight Board - Amends the Federal Home Loan Bank Act to terminate the authority of the Thrift Depositor Protection Oversight Board to employ staff. Title III: Committee on Commerce - Subtitle A: Communications - Chapter 1: Spectrum Auctions - 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, 2000. 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. Chapter 2: Federal Communications Commission Authorization - Federal Communications Commission Authorization Act of 1995 - Amends the Act to authorize appropriations for the FCC for FY 1996. Derives a portion of the sum of such appropriations in each fiscal year from an amount determined by the establishment and adjustment of application and regulatory fees under the Act. Directs the FCC to submit to the appropriate congressional committees and publish in the Federal Register semiannual reports specifying the reimbursements which the FCC has accepted from non- Federal sources for travel and related expenses of FCC employees. Amends the Federal Communications Commission Authorization Act of 1988 to authorize the FCC, during FY 1996, to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated under the Older Americans Act. (Sec. 3013) 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. (Sec. 3014) 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, as well as the application and regulatory fee adjustments. (Sec. 3015) Authorizes the FCC to: (1) designate an entity to make inspections of ship radio stations; and (2) require such inspections annually, with an authorized waiver under limited circumstances. (Sec. 3016) Sets forth provisions regarding: (1) expedited Instructional Television Fixed Service processing; (2) tariff rejection authority; (3) refund authority; (4) licensing of aviation, maritime, and personal radio services by rule; (5) forfeitures for violations imperiling safety of life; (6) the use of experts and consultants; and (7) the statute of limitations for forfeiture proceedings against common carriers. (Sec. 3024) Directs the FCC to report to the Congress on the existing and future use of the FM band to facilitate the use of auditory assistive devices for individuals with hearing impairments. Subtitle B: Nuclear Regulatory Commission Annual Charge - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from September 30, 1998, to September 30, 2002, the authority of the Nuclear Regulatory Commission to annually assess and collect user fees and charges. Subtitle C: United States Enrichment Corporation - USEC Privatization Act - 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. 3038) Revises employee protection guidelines at the two gaseous diffusion plants of the U.S. Enrichment Corporation (USEC). Declares that privatization shall not diminish the accrued, vested pension benefits of the Corporation's operating contractor. Requires transfer of all plan assets and liabilities to a pension plan sponsored by the new contractor or the private corporation, as the case may be. Requires the Department of Energy (DOE) and the private corporation to continue to fund post-retirement health benefits for persons employed by an operating contractor at either of the gaseous diffusion plants at substantially the same level of coverage as eligible retirees are entitled to receive on the privatization date, subject to specified cost-saving measures and certain eligibility limitations. (Sec. 3039) 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 profitmaking basis. Prescribes guidelines under which 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. Prescribes procedural guidelines for the U.S. Executive Agent under the Russian HEU Agreement to transfer without charge to the Secretary of Energy for subsequent sale an amount of uranium hexaflouride equivalent to the natural uranium component of low- enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent. (Sec. 3040) 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 public offering. Terminates 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. (Sec. 3041) Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. (Sec. 3042) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment. Subtitle D: Waste Isolation Pilot Project - Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act to repeal: (1) the mandate for the test phase and retrieval plan and the authority of the Secretary of Energy to conduct test phase activities; (2) limitations placed upon the quantity of waste that may be transported; (3) the proscription against transportation or emplacement of remote-handled transuranic waste at the Waste Isolation Pilot Plant (WIPP) project; (4) the WIPP requirements for commencement of transuranic waste disposal operations; (5) specified certification requirements with respect to WIPP compliance with Environmental Protection Agency (EPA) disposal regulations; (6) certain remedies for noncompliance with EPA certification requirements; (7) periodic EPA recertification (providing for periodic EPA review and comment only); and (8) the mandate for engineered and natural barriers and waste form modifications to isolate transuranic waste after disposal. (Sec. 3051) Exempts transuranic mixed waste earmarked for WIPP disposal from specified land disposal restrictions. States that a no migration variance is not required for its disposal at WIPP. Repeals the mandate for: (1) determination of noncompliance with EPA requirements for test, disposal and decommissioning phase activities; (2) retrievability of transuranic waste if WIPP violates final EPA disposal regulations; and (3) a plan for the decommissioning of WIPP. (Sec. 3055) Authorizes WIPP to receive transuranic waste from the Secretary of Energy from a non-defense activity. Subtitle E: Strategic Petroleum Reserve - Amends the Energy Policy and Conservation Act to prescribe procedural guidelines under which the Secretary of Energy is authorized to store in underutilized Strategic Petroleum Reserve facilities petroleum owned by a foreign government or its representative. Title IV: Committee on Economic and Educational Opportunities - Subtitle A: Higher Education - Higher Education Program Efficiency Act of 1995 - Amends student aid provisions of the Higher Education Act of 1965 (HEA) to terminate program authority, funding, and authority to enter into new agreements for the William D. Ford Federal Direct Loan Program. Revises provisions for funds for administrative expenses. (Sec. 4003) Eliminates certain grace period interest subsidies for new student loans. (Sec. 4004) Revises the parent loan (Federal PLUS loans) program to: (1) set a $15,000 maximum limitation on the amount parents may borrow for one student in any academic year; (2) require each holder of a PLUS loan to pay biannual rebates of interest subsidies to the Secretary of Education; and (3) raise interest rates on PLUS loans. (Sec. 4005) Requires a loan transfer fee to be paid by the transferee to the Secretary. (Sec. 4006) Requires the originating lender to remit a fee to the guarantee agency. (Sec. 4007) Revises HEA student aid provisions relating to: (1) reserve funds; (2) the free Federal application for student loans, in an electronic or other format; (3) Federal interest subsidies; (4) a reinsurance percentage; (5) loan fees from lenders; and (6) an audit exemption for small lenders. Excludes loans made or held as a trustee or in a trust capacity for the benefit of a third party from consideration in determining whether the making or holding of loans to students and parents is the primary consumer credit function of the eligible lender. Includes as an eligible lender under the student loan insurance program a wholly-owned subsidiary company which, as of the enactment of this Act, perform as a finance company and participates in the authorized program pursuant to specified provisions. (Sec. 4008) Requires guarantee agencies to use at least 50 percent of their reserve funds to purchase and hold defaulted loans that they guarantee and for which insurance claims are filed by the eligible lender, with specified exceptions. (Sec. 4009) Extends the period for which a guaranty agency is required to hold a defaulted loan under certain conditions. Provides for the new extended holding period program with respect to subject loans, excluded loans, and guaranty agency efforts during such period. Prohibits the Secretary from regulating the collection activities of a guaranty agency with respect to any loan which is subject to such extended holding period and for which reinsurance has not been paid. (Sec. 4010) Provides for the privatization and renaming of the College Construction Loan Insurance Association, and the cessation of Federal sponsorship. Repeals provisions for such Association under HEA. (Sec. 4011) Revises, for purposes of the definition of proprietary institution, provisions relating to consideration of revenues from sources that are not derived from funds under HEA student aid provisions. (Sec. 4012) Extends the duration of the Federal student loan insurance program. Terminates the authority to make Federal consolidation loans as of the end of FY 2002. Subtitle B: Service Contract Repeal - Repeals the Service Contract Act of 1965. Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 - Provides that, for certain purposes under the Employee Retirement Income Security Act of 1974 (ERISA), a prescribed minimum period for a joint and survivor annuity explanation before the annuity starting date shall not apply if waived by the participant and, if applicable, the participant's spouse. Title V: Committee on Government Reform and Oversight - Provides under the Omnibus Budget Reconciliation Act of 1993 for an extension of the delay in cost-of-living adjustments in Federal employee retirement benefits through FY 2002. (Sec. 5002) Amends Federal civil service law to revise the Civil Service (CSRS) and Federal Employees' (FERS) Retirement Systems with respect to deductions, contributions, and deposits, among other changes: (1) increasing agency contributions under CSRS during calendar years 1996 through 2002; (2) providing for a phased-in increase under both systems of the amounts of individual deductions, deposits, and withholdings until 2003 when the percentage of basic pay subject to such withholding generally reverts back to the current 1995 rate, except with regard to congressional employees and Members of Congress; and (3) providing additional retirement-related changes under both systems with regard to congressional employees and Members of Congress and their years of service for purposes of computing an annuity. Continues the current computation formula for annuities of the Capitol Police, notwithstanding the amendments of this title. (Sec. 5004) Establishes a legislative branch Federal Employees Retirement Security Commission to study the financial soundness of, and other related issues pertaining to, the retirement systems for Government employees and members of the uniformed services, for a report with appropriate recommendations to the Congress. (Sec. 5005) Makes technical amendments regarding the U.S. Postal Service, with changes repealing the authorization of transitional appropriations. (Sec. 5006) Repeals provisions under the Stewart B. McKinney Homeless Assistance Act pertaining to the availability of surplus property for homeless assistance. Title VI: Committee on International Relations - Subtitle A: Recovery of Costs of Certain Health Care Services - Amends the Foreign Assistance Act of 1980 to include under the State Department health care program for coverage abroad any other persons designated by the Secretary of State in addition to Foreign Service members, other Federal employees abroad, and their families. Authorizes the Secretary of State, under such program, to collect from a third party payer the reasonable costs incurred by the Department on behalf of covered beneficiaries (excluding such additional program the reasonable costs of such services incurred by the Department on the person's behalf. Secretary-designated persons) for health care services to the same extent that such a beneficiary would be eligible to receive indemnification from the third party payer for such costs. (Sec. 6001) Authorizes the Secretary of State to collect from a non-covered person (including such additional Secretary-designated persons) who receives health care services under such program the reasonable costs of such services incurred by the Department on the person's behalf. Subtitle B: Enactment Into Law Of Division A of H.R. 1561 - Enacts into law Division A of H.R. 1561, as passed the House of Representatives on June 8, 1995 (relating to consolidation of foreign affairs agencies). Subtitle C: Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Part 1: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state. (Sec. 6212) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. Amends the Trading With the Enemy Act to exempt from its civil penalties: (1) news gathering, research, or the export or import of, or transmission of, information or informational materials; and (2) clearly defined educational or religious activities, or activities of recognized human rights organizations, that are reasonably limited in frequency, duration, and number of participants. Amends the Cuban Democracy Act of 1992, with respect to sanctions against a country that provides assistance to Cuba, to include as such assistance any exchange, reduction, or forgiveness of Cuban debt owed to such country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba or of a Cuban national (debt-for-equity swap). (Sec. 6213) Prohibits any U.S. national, permanent resident alien, or U.S. agency from knowingly extending any loan or other financing to a foreign national, U.S. national, or permanent resident alien, in order to finance transactions involving property confiscated by the Cuban Government the claim to which is owned by a U.S. national. Terminates such prohibition upon termination of the economic embargo of Cuba. Sets forth penalties for violation of such prohibition. (Sec. 6214) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until the President determines that a transition government is in power in Cuba. Urges the President to support Cuba's membership in such institutions during the period that a transition government is in power subject to the membership taking effect at such time as the President deems most likely to facilitate the transition to a democratically-elected government there. Requires the Secretary of the Treasury to withhold U.S. payments from institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 6215) Urges the President to instruct the U.S. Permanent Representative to the Organization of American States (OAS) to vote to oppose ending the suspension of Cuba from the OAS until the President determines that a democratically elected government is in power there. (Sec. 6216) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Expresses strong disapproval of Russia's extension of credits in support of the intelligence facility at Lourdes, Cuba, in November 1994. Withholds from assistance provided for an independent state an amount equal to the assistance and credits provided by such state in support of intelligence facilities in Cuba, particularly the one at Lourdes. Authorizes the President to waive the requirement to withhold such assistance if specified conditions are met. (Sec. 6217) Requires the Director of the U.S. Information Agency to convert television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. Repeals the Television Broadcasting to Cuba Act and the Radio Broadcasting to Cuba Act upon the presidential determination that a democratically elected government is in power in Cuba. (Sec. 6218) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries. (Sec. 6219) Authorizes the President to furnish assistance to individuals and independent nongovernmental organizations to support democracy-building efforts for Cuba. Directs the President to take steps to encourage the OAS to create a special emergency fund for the purpose of deploying human rights observers, election support, and election observation in Cuba. Urges the President to instruct the U.S. Permanent Representative to the OAS to encourage other OAS member states to join in calling for the Cuban Government to allow the immediate deployment of independent OAS human rights monitors throughout Cuba and on-site visits to Cuba by the Inter-American Commission on Human Rights. Urges the President to provide not less than $5 million of the U.S. voluntary contribution to the OAS for the purposes of the special fund. (Sec. 6220) Directs the President to withhold the allocation of assistance, with specified exceptions, for any country in an amount equal to the sum of assistance and credits, if any, provided by such country in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba. (Sec. 6221) Directs the President to instruct all U.S. Government officials who engage in official conduct with the Cuban Government to raise on a regular basis the extradition of or rendering to the United States of all persons residing in Cuba who are sought by the U.S. Department of Justice for crimes committed in the United States. Part 2: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, assistance that is essential to the successful completion of the transition to democracy, remittances by individuals to their relatives of cash or goods, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 6232) Requires the President to take steps to obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba. Requires the President, following transmittal to the Congress of a determination that a democratically elected government is in power, to submit to the appropriate congressional committees a report that describes: (1) acts, policies, and practices that constitute significant barriers to, or distortions of, U.S. trade in goods or services or foreign direct investment with respect to Cuba; (2) U.S. policy objectives regarding trade relations with a democratically elected government in Cuba; (3) specific U.S. trade negotiating objectives with Cuba; and (4) actions proposed to be undertaken to achieve any of such policy and negotiating objectives. (Sec. 6233) Requires the President, upon determining than a democratically-elected government is in power in Cuba, to designate a United States-Cuba Council to: (1) ensure coordination between the U.S. Government and the private sector in responding to change and promoting market-based development in Cuba; and (2) establish periodic meetings between the U.S. and Cuban private sectors for the purpose of facilitating bilateral trade. (Sec. 6234) Authorizes the President to suspend the U.S. economic embargo against Cuba upon determining to the appropriate congressional committees that a democratically-elected government is in power in Cuba. Requires the President to notify the Congress of any action taken to suspend such embargo. Declares that such suspension shall cease to be effective upon enactment of a joint resolution disapproving such action. (Sec. 6235) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Part 3: Protection of Property Rights of United States Nationals Against Confiscatory Takings By the Castro Regime - Makes any person, including any agency or instrumentality of a foreign state, that traffics in confiscated property liable for money damages to any U.S. national who owns the claim to such property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 6253) Requires district courts to accept as conclusive proof of ownership a certification of a claim to ownership that has been made by the Foreign Claims Settlement Commission pursuant to the International Claims Settlement Act of 1949. Amends such Act to authorize district courts, for fact-finding purposes, to refer to the Commission questions of the amount and ownership of a claim by a U.S. national resulting from the confiscation of property by Cuba, whether or not the U.S. national qualifies as such at the time of the confiscation. (Sec. 6254) Bars certain ineligible U.S. nationals, or Cuban nationals, from having a claim in the compensation paid to a U.S. national by virtue of a claim certified by the Commission. Part 4: Exclusion of Certain Aliens - Directs the Secretary of State to exclude from the United States aliens (or their spouses, minor children, or agents) involved in the confiscation of property, or the trafficking in confiscated property, owned by a U.S. national. Provides for case-by-case waiver of this exclusion in the national interest of the United States. Title VII: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend provisions regarding surcharges on patent and trademark fees through FY 2002. Specifies patent and trademark user fee amounts to be collected through establishment of surcharges for FY 1999 through 2002. Amends Federal law to require that a surcharge of 40 percent be added to each civil monetary penalty at the time it is assessed by the United States. Specifies that payments relating to a civil monetary penalty shall be applied, in the following order, to: (1) costs; (2) principal; (3) civil monetary penalty surcharges; and (4) interest. Makes such provisions inapplicable to any civil monetary penalty assessed under the Internal Revenue Code. Establishes in the Treasury a Department of Justice Telecommunications Carrier Compliance Fund for payments to telecommunications carriers as authorized by the Communications Assistance for Law Enforcement Act. Sets forth provisions regarding: (1) offsetting collections; (2) requirements for appropriations offsets; and (3) termination of the Fund. Title VIII: Committee on National Security - Subtitle A: Military Retired Pay - Limits to FY 1995 (currently, through FY 1998) the authority for certain cost-of-living adjustments (COLAs) to military retired and retainer pay. Makes the FY 1996 COLA for military retirees first payable for March 1996. Subtitle B: Naval Petroleum Reserves - Directs the Secretary of Energy to sell all U.S. rights and interest to naval petroleum and oil shale reserves. Requires contracts for such sales to be entered into no later than September 30, 1996. Requires the Secretary to retain the services of: (1) five independent experts for the separate valuation of each of the five reserves; and (2) an investment banker to independently administer the sales. Provides special administrative requirements with respect to the sale of Naval Petroleum Reserve Numbered 1, in Elk Hills, California, including the requirement that the Elk Hills unit continue current full production until the completion of its sale. Provides for the termination of a current Elk Hills naval petroleum sales contract. Directs the Secretary to offer to settle all claims against the United States by the State of California and the California Teachers' Retirement Fund with respect to land within the Elk Hills unit. Requires a 15-day prior congressional notification period before entering into a sales contract with respect to a naval petroleum reserve. Subtitle C: National Defense Stockpile - Directs the President during FY 1996 to dispose of: (1) all cobalt contained in the National Defense Stockpile (NDS) that is authorized for disposal under any law; and (2) additional quantities of specified materials in the NDS so as to result in specified receipts for FY 1996 through 2002. Limits disposal quantities with respect to each item. Requires deposit into the Treasury of all sale receipts. Terminates the disposal authority on the date on which the total receipts desired are achieved. Title IX: Committee on Resources - Subtitle A: Alaska and Helium Privatization - Part 1: Alaska - Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil unless the President finds, within five months after enactment of this Act, that such exportation is not in the national interest. Sets forth mandatory considerations in evaluating whether such exportation is in the national interest, including an environmental review and supply and employment impact analysis. Mandates that, except in certain cases, such oil be transported by U.S.-owned merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. Instructs the Secretary of Commerce to issue, within 30 days after the President's national interest determination, necessary rules, including any licensing requirements and conditions, to implement such determination. Directs the Secretary to recommend that the President take appropriate action (including modification of export authorization) if oil exports under authority of this Act have caused sustained material supply shortages or price increases significantly above world market levels, together with sustained material adverse effects upon domestic employment. Instructs the Comptroller General to review and report to specified congressional committees on energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports upon consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii. (Sec. 9002) Declares it is the purpose of this Act to reduce the Federal deficit by a specified amount over the next five years with revenue derived from competitive bonus bids solicited for oil and gas leases in the Coastal Plain of Alaska's North Slope. Declares that the Congress hereby determines that this Act's oil and gas leasing program in the Coastal Plain is compatible with the purposes of the Arctic National Wildlife Refuge, and that no further findings or decisions are required to implement this determination (thereby avoiding statutorily-mandated environmental determinations). Instructs the Secretary of the Interior to promulgate regulations within six months of the enactment of this Act governing a Coastal Plain competitive leasing program for oil and gas exploration, development, production and transportation. Mandates a first lease sale of at least 200,000 acres within 12 months of the enactment of this Act. Requires lease sales to be based upon an industry nomination process. Directs the Secretary to grant to the highest bidders any oil and gas lease on unleased Federal lands within the Coastal Plain at royalty payments of at least 12 and one-half percent. Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its proscription against the production of oil and gas from the Arctic National Wildlife Refuge. Declares that this Act is the primary land management authorization for all Coastal Plain exploitation activities, and that no land management review, determination or other action shall be required. Authorizes the Secretary to grant Coastal Plain rights-of-way and easements for pipeline construction and oil and gas transportation. States that the "Final Legislative Environmental Impact Statement" (April 1987) is adequate and legally sufficient for all activities related to Coastal Plain exploitation. Mandates that 50 percent of Federal revenues from the Coastal Plain be paid to the State of Alaska. Instructs the Secretary to convey: (1) the surface estate of specified lands to the Kaktovik Inupiat Corporation; and (2) the subsurface estate beneath such surface estate to the Arctic Slope Regional Corporation. Establishes a Community Assistance Fund, consisting of a specified portion of the Federal share of Coastal Plain revenues, to assist regions impacted by the activities authorized under this Act. Establishes the National Endowment for Fish and Wildlife and the Fish and Wildlife Conservation Commission. (Sec. 9003) Directs the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project and related assets to the State of Alaska; and (2) the Eklutna Hydroelectric Project and related assets to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Eklutna Purchasers). Authorizes appropriations to prepare or acquire the Snettisham and Eklutna assets for such sale and transfer. Directs the Secretary to use specified amounts from unobligated balances to fund sale preparation costs. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under a certain statutory selection entitlement. Grants the State of Alaska one year within which to select lands authorized under this Act or any Purchase Agreement incorporated or ratified by it, notwithstanding expiration of such right under specified law. Sets a deadline by which the Secretary must: (1) complete the business of and close out the Alaska Power Administration (APA); (2) report to the Congress documenting the Snettisham and Eklutna sales; and (3) return to the Treasury unobligated balances of funds appropriated for the (APA). Part 2: Helium Privatization - Helium Privatization 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 and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. (Sec. 9013) 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. (Sec. 9014) 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. (Sec. 9015) Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. (Sec. 9017) Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines. (Sec. 9018) Directs the Secretary of the Interior to convey to the Texas Plains Girl Scout Council for consideration of one dollar specified lands in Potter County, Texas, reserving easements to the United States for pipeline rights-of-way. Subtitle B: Water and Power - Part 1: Power Marketing Administration - Power Administration Act - Repeals specified proscriptions against the use of Federal funds: (1) to study or prepare for transferring the Federal Power Administrations out of Federal ownership or control; (2) to study "market rate" or other noncost methods for the pricing of hydroelectric power by the Federal public power authorities; and (3) to change the employment levels of the Federal Power Marketing Administrations determined necessary to carry out their statutory responsibilities. Directs the Secretaries of Energy, of the Interior, and of the Army to retain a private sector advisor with respect to selling all facilities and related appurtenances used to generate the electric power marketed by the Southeastern, Southwestern and Western Area Power Administrations. (Sec. 9203) Restructures the capital investment costs of the Bonneville Power Administration in order to arrive at new principal amounts bearing interest rates at the Treasury rate for the old capital investment. Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to provide that payments made by Administrator of the Bonneville Power Administration to the tribes pursuant to a certain settlement agreement shall be a credit that reduces the Administrator's payments to the Treasury by specified amounts. Requires contract provisions governing the sale of Bonneville Power Administration assets to reflect the restructured principal amounts and interest rates. Requires Department of Energy studies and a report to the Congress on: (1) the possible impact on the Bonneville Power Administration customer base of increased rates for electric power sales; and (2) Bonneville Power Administration costs of compliance with the Endangered Species Act of 1973. Part 2: Reclamation - Amends the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of a certain repayment contract between the United States and the Central Utah Water Conservancy District under terms similar to a certain supplemental contract that provided for the prepayment of the Jordan Aqueduct. Requires the District to exercise its right to prepayment by the end of FY 2002. (Sec. 9212) Treats the city of Folsom, California, as a Central Valley Project contractor as of November 1, 1990, in order to consider it eligible to be a transferee of Central Valley Project water earmarked for municipal and industrial purposes. (Sec. 9213) Sly Park Unit Conveyance Act - Instructs the Secretary of the Interior to: (1) sell the Sly Park Unit to the El Dorado Irrigation District (California) for a specified price; (2) transfer and assign certain water rights to such District; and (3) convey all Federal interest in the Sly Park Unit to the District. States that the Congress specifically finds that such sale and water rights conveyance is not subject to environmental or endangered species review under specified environmental protection laws. (Sec. 9214) Amends specified Federal law to raise from $30,000 to $8 million the annual charge to San Francisco and other municipalities or water districts granted water rights-of-way from the Hetch Hetchy Dam. Makes annual operation of Yosemite National Park (currently, the building and maintenance of roads and trails in Yosemite and other California national parks) the highest priority use of the proceeds from such charges, with the remainder of any funds to be used for operations of the other California national parks. Subtitle C: National Parks, Forests, and Public Lands - Part I: Concession Reform - Visitor Facilities and Services Enhancement Act of 1995 - Defines "Secretary concerned" for purposes of this Part as: (1) the Secretary of Interior with respect to the U.S. Fish and Wildlife Service, the National Park Service, the Bureau of Land Management, and the Bureau of Reclamation; (2) the Secretary of Agriculture with respect to the Forest Service; and (3) the Secretary of the Army with respect to the U.S. Army Corps of Engineers. (Sec. 9304) Authorizes the Secretary concerned, under specified conditions, to enter into: (1) a concessioner service agreement (agreement) and issue either a competitive or noncompetitive offering for concessioner services, facilities, or activities (requires a lease to be issued if the concessioner develops or uses fixed facilities on Federal lands); or (2) a license for concession services when the Secretary determines there is no need to limit the number of concessioners providing such services. Sets forth provisions requiring: (1) designation by the Secretaries concerned of a lead agency concerning concessions which conduct a single operation on lands or waters under multiple jurisdictions; (2) such lead agency to be that agency under whose jurisdiction the concessioner generates the greatest amount of gross receipts, unless otherwise agreed; and (3) such designated agency to issue one authorization and collect one fee under this Act for the operation. Exempts: (1) leases or licenses of entire areas to States or other political subdivisions; and (2) any third party agreement insured by such entities concerning such areas. (Sec. 9305) Requires the Secretary concerned to: (1) enter into and reissue an agreement with the person who submits the best proposal through a competitive process as defined in this Act; and (2) prepare a solicitation and prospectus which describes the concession service opportunity and publish announcements of the availability of such solicitation, prospectus, and opportunity in appropriate locations. Sets forth provisions regarding: (1) factors and minimum standards used to determine the best proposal; (2) the selection process; (3) the categorical exclusion provided by the National Environmental Policy Act of 1969 to temporary extensions and similar reissuance of agreements to provide concession services similar in nature and amount to concessions services provided under the previous authorization; and (4) modification of agreements. (Sec. 9306) Requires the Secretary concerned: (1) for the duration of an agreement, to develop a program of annual evaluations of the concessioners operating under the agreement who are providing visitor services in areas under the Secretary's jurisdiction; (2) to seek broad public input from concessioners, State agencies, and other interested persons in developing such program; and (3) to review the performance of each concessioner at least semiannually and to assign each concessioner an overall rating for each year. Authorizes the Secretary concerned to suspend, revoke, or terminate a concession authorization if a concessioner, after being notified that its performance is unsatisfactory, fails to correct the conditions identified as required. Sets forth provisions providing for performance incentives for incumbent concessioners and a renewal penalty for a concessioner whose annual performance is found to be unsatisfactory. (Sec. 9307) Limits concessioners to construction or financing of construction of public facilities on Federal lands that are to be used by the concessioner under the terms of its agreement or facilities necessary for the concessioner to administer such public facilities on Federal land. Provides that a concessioner required or authorized by an agreement to construct any structure, improvement, or fixture on Federal lands shall have an investment interest therein, to the extent provided by the agreement and this Part. Prohibits such investment interest from being extinguished by the expiration of the agreement. Allows the investment interest to be assigned, transferred, encumbered, or relinquished. Sets forth limitations on such interest. Requires the agreement to specify which new improvements, if any, shall become Government property upon its expiration. Bars a concessioner from obtaining an investment interest in any building which is wholly owned by the Government. Provides that the title to the land on which such structure, improvement, or fixture is placed shall be owned by the United States. Directs the Secretary concerned to: (1) require the new concessioner to buy the investment interest of the existing concessioner not selected as the best qualified applicant at the time of reissuance of an agreement; and (2) compensate the concessioner in an amount equal to the value of the concessioner's investment interest in facilities that are discontinued or closed by reason of the Secretary's decision. Sets forth a formula for determining the value of an investment interest of any capital improvement at the end of the agreement period. (Sec. 9308) Establishes a ten-year term for an agreement. Allows the Secretary concerned to issue such agreement for less than ten years but at least for five years if the Secretary determines that the average annual gross receipts over its life would be less than $100,000. Requires the Secretary to issue the agreement for longer than ten years if the Secretary determines that it is in the public interest or necessary due to the extent of investment and associated financing requirements and to meet the obligations assumed. Limits the term of an agreement to 30 years and the term of a concession license to two years. Allows the Secretary to agree to temporary extensions of agreements for up to two years on a noncompetitive basis to avoid interruption of services to the public. (Sec. 9309) Sets forth provisions regarding: (1) rates and charges (requires, for agreements only, rates and charges to the public to be set by the concessioner, subject to the concerned Secretary's approval only where the Secretary determines that sufficient competition for such facilities and services does not exist within or in close proximity to the area in which the concessioner operates); and (2) the transfer or assignment of such agreements, with the Secretary's approval. Prohibits the transfer of a concession license. (Sec. 9311) Requires the Secretary concerned to establish a fee for the privilege of providing concession services. Allows such fee to include: (1) an annual cash payment for the privilege of providing concession services; (2) the amount required for capital improvements required pursuant to this Act; (3) fees for rental or lease of Government-owned facilities or lands occupied by the concessioner; or (4) expenditures for maintenance of, or improvements to, such Government-owned facilities. Directs the Secretary concerned to establish a minimum fee for each of such components. Provides that the final fee shall be the amount bid by the selected applicant under the competitive selection process, with the exception that the Secretary concerned: (1) shall base the final fee for simultaneous authorizations for river runners, outfitters, or guide concession operations of substantially similar services in a specific geographic area on historical data, where available, as well as on industry- specific and other available market data; or (2) may establish a charge per user day. Sets forth provisions concerning: (1) adjustments of fees; and (2) a concession license fee (such fee shall at least cover the program's administrative costs and may not be changed over the term of the license). (Sec. 9312) Requires a concessioner to establish a concession improvement account if the agreement requires the individual to make capital improvements or occupy Government-owned facilities. Specifies provisions concerning such account with respect to: (1) terms and conditions; (2) disbursements; (3) records; (4) an annual financial statement; and (5) transfer of a remaining balance (upon the termination of a concession authorization or upon the transfer of an agreement). Requires the Secretary concerned to: (1) deposit up to a specified amount of receipts from concession services fees and the rental of Government-owned facilities for a fiscal year in the Treasury as miscellaneous receipts for the National Park Service for FY 1997 through 2002; (2) deposit receipts exceeding such specified amounts into concession improvement accounts to be distributed to each concessioner for expenditures on visitor services and facilities; and (3) develop a schedule of anticipated receipts to be deposited into the Treasury for other agencies covered under this Part and to submit such schedule to appropriate congressional committees within 18 months of this Act's enactment. Requires the Inspector General of the Department concerned, beginning with FY 1998, to biennially audit and report to specified congressional committees on such generated concession fees. (Sec. 9313) Requires the Board of Contract Appeals (Board) within each Department to adjudicate disputes between the Government and concessioners arising under this Part. Sets forth dispute procedures which: (1) permit agency decisions to be appealed to the Board after one level of administrative review; (2) demand an expedited procedure for consideration of appeals to suspend, revoke, or terminate a concession authorization; (3) allow a person to seek judicial review of decisions made by the Board; and (4) exclude the expiration of a concession authorization from appeal. Excludes disputes arising under this Part from the jurisdiction of the General Accounting Office to review bid protests under the Competition in Contracting Act of 1984. (Sec. 9314) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year of each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the concession authorization involved. (Sec. 9315) Provides that the following laws and regulations shall not apply to agreements and concession licenses under this Part: (1) Title III of the Federal Property and Administrative Services Act of 1949; (2) the Office of Federal Procurement Policy Act; (3) the Federal Acquisition Streamlining Act of 1994; (4) the Brooks Automatic Data Processing Act; (5) provisions of Federal law relating to U.S. armed forces general and miscellaneous procurement; (6) the Federal Acquisition Regulation (FAR) and any unspecified laws providing authority to promulgate regulations in FAR; (7) the Randolph-Sheppard Act; and (8) the Service Contract Act of 1965. Repeals the Concessions Policy Act of 1965 and provisions of Federal law concerning: (1) the use and occupation of national forest lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational, or public use; (2) the use of Forest Service appropriations for operation, repair, maintenance, and replacement of motor and other equipment; and (3) the rental of fire control equipment to non-Federal agencies. Provides that the provisions of this Part shall supersede the provisions of the following Acts as they pertain to concessions management: (1) the Federal Land Policy and Management Act of 1976; (2) the Refuge Recreation Act; and (3) the National Wildlife Refuge System Administration Act of 1966. Prohibits the Secretary of the Army from leasing lands, including structures or facilities thereon, at water resource development projects for commercial concessions purposes. Provides that: (1) the right of renewal explicitly provided for by any concession contract affected by the repealing, superseding, or amending of the provisions of an Act referred to in this Part shall be preserved for a single renewal of a contract following the enactment of this Part; (2) nothing in this Part shall be construed to change the value of existing capital improvements or possessory interests as identified in concession contracts entered into before this Act's enactment nor to amend, supersede, or otherwise effect any provision of the Alaska National Interest Lands Conservation Act relating to revenue-producing visitor services; and (3) no provision of this Part shall apply to any ski area permittee operating on lands administered by the Forest Service. Sets forth procedures for the reissuance of existing concessioner contracts which: (1) have expired before or within five years of this Act's enactment; and (2) are entered into before, and projected to terminate five years or more after, such enactment. Part 2: National Forest Ski Areas - Requires the Secretary of Agriculture, within five years after the enactment of this Part, to offer to sell at least 40 ski areas to the qualifying ski area operator. Provides that, for purposes of such sale, lands are qualifying concession lands if they are: (1) subject to a lease on this Act's enactment date for use as a ski area with improvements with a fair market value greater than $2,000,000; and (2) located either adjacent to the boundary of the Federal lands or adjacent to other significant private in holdings. Requires the Secretary to provide for an independent appraisal of the lands and interests to be transferred. Authorizes the Secretary to transfer, by sale or exchange, additional National Forest System lands for purposes of adding such lands to, and operating them as part of, such ski areas. Sets forth provisions for the use of proceeds generated through the sales. (Sec. 9322) Amends the National Forest Ski Area Permit Act of 1986 to require that the fee for all ski area permits on National Forest System lands be calculated, charged, and paid according to a specified formula. Provides that the terms of any existing ski area permit in effect on this Act's enactment that specify a different fee calculation method shall prevail unless the permit holder notifies the Forest Service that the individual agrees to adopt the specified formula. Requires the Forest Service to encourage such permit holder to consider adopting the new formula in order to reduce administrative costs. Sets forth provisions regarding: (1) minimum rental fees; (2) time for payment; (3) requirements for reports by the Secretary to specified congressional committees analyzing whether the ski area permit system legislated by this Act is returning fair market value rental to the United States, together with any recommendations the Secretary may have for modifications in the system; (4) transition of the new ski area permit fee; (5) applicability of the National Environmental Policy Act of 1969 to reissuance of ski area permits; and (6) withdrawal of ski areas from operation of mining laws. Part 3: Domestic Livestock Grazing - Sets forth applicable regulations for domestic livestock grazing on Bureau of Land Management and Forest Service lands. (Sec. 9332) Establishes: (1) a basic grazing fee formula based upon the three-year average of the value of livestock production (exclusive of certain progeny) and the ten-year average of certain Treasury bill rates; and (2) a 15-year permit tenure. (Sec. 9335) Exempts grazing activities in conformance with land use plans from further documentation required under the National Environmental Policy Act of 1969. Part 4: Regional Disposal Facility of Southwestern Low Level Radioactive Waste Disposal Compact - Provides for the transfer of specified Federal land in California (Ward Valley site) to the State of California for use as a low level radioactive waste disposal site. Subtitle D: Territories - Part 1: Commonwealth of the Northern Mariana Islands - Terminates certain annual grants to the Commonwealth of the Northern Mariana Islands. Part 2: Territorial Administrative Cessation Act - Territorial Administrative Cessation Act - Abolishes the Office of Territorial and International Affairs of the Department of the Interior. Subtitle E: Minerals - Part 1: Hardrock Mining - States that unless specified patent transition procedures are met, patents will be issued upon payment of the fair market value of the Federal interest in the land, exclusive of, and without regard to: (1) the mineral interests it contains; or (2) its use for mineral activities. Subjects such patents to a Federal royalty. (Sec. 9503) Subjects the production and sale of locatable minerals from an unpatented mining claim to a royalty of 3.5 percent on the net proceeds. Cites royalty exclusions. States that the royalty obligation only accrues upon the sale of mining claim products, not upon their stockpiling for future processing. Defines net proceeds and gross yield for purposes of determining royalty obligations. Excludes from gross yield profits or losses incurred in connection with forward sales, futures or commodity options trading, or any other price hedging or speculative transaction. Delineates limitations and allocations of net proceeds, gross yield, and allowable costs. Requires assessment of interest on unpaid royalties. Declares that the owner of a mining claim under this Act is not under an implied covenant to undertake activity as a result of the obligation to pay a royalty. Emphasizes that any such activity is in the sole discretion of the claim owner. (Sec. 9504) Amends specified Federal law to provide that all deposits of mineral materials, including block pumice, shall be subject only to the disposal guidelines of the Materials Act of 1947. Amends specified mining law to open lands with valuable mineral deposits to leasing by the Secretary of the Interior conditioned upon: (1) minimum royalty payments of two percent of the gross value of their output; and (2) advance payment of 25 cents per acre for the first year, 50 cents per acre for the second through the fifth year, and one dollar per acre thereafter. Credits such rental against royalties. Conditions leases also upon a minimum annual production or payment of a minimum royalty, except during certain emergency production interruptions. Authorizes the Secretary to grant prospecting permits conferring the exclusive right to prospect for mineral materials in specified Federal lands. Entitles a permittee who has discovered valuable minerals to a lease at a minimum royalty of two percent of the quantity or gross value of the output of the mineral materials at the point of shipment to market. Amends Federal law regarding unpatented mining claims to reserve in the United States the right to manage and dispose of the mineral material surface resources prior to issuance of a mining claim patent. Repeals the Building Stone Act and the Saline Placer Act. Amends Federal mining law to authorize the Secretary to contract for the disposal of mineral materials. Restricts the maximum royalty for the gross value of the output of sodium compounds to five and one- half percent subject to certain conditions. (Sec. 9505) Mandates an annual maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor. Provides that the owner of each unpatented mining claim or site shall pay a location fee in lieu of the initial annual $100 maintenance fee per mining claim or site for the assessment year which includes the date of site or claim location. Exempts from annual maintenance requirements owners who certify that governmental actions, including actions of an Indian tribal authority, have denied access to their claims or sites. Sets forth an annual maintenance fee schedule which ranges from $100 for each of the first three years to $500 per year after the fifteenth year. Identifies annual labor activities which may be credited dollar for dollar towards up to 75 percent of the annual maintenance fee payable. Permits application to future maintenance fees of excess amounts expended for annual labor performed over such percentage limitation. Specifies work qualifying as annual labor. Requires that each maintenance fee payment be accompanied by a statement identifying the pertinent claim or site, which shall be in lieu of any annual mining filing requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Reduces the annual claim maintenance fee payments for unpatented mining claim or site by the amount of royalty paid during the prior assessment year for such site or for any contiguous claim or site. Exempts from these requirements any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Instructs the Secretary to review the fee structure periodically and report on it to the Congress. Part 2: Federal Oil and Gas Royalties - Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to place primary liability for lease obligations upon either the person to whom the United States issues a lease, or the current owner of operating rights, but not both. (Sec. 9513) Bars a judicial action relating to an obligation that is not commenced within six years from the date on which the obligation falls due. Prescribes procedural guidelines for: (1) the period of limitations; (2) adjustments and refunds; and (3) recordkeeping requirements. (Sec. 9516) Authorizes the Secretary to waive royalty interest. Prescribes requirements for Federal payment of interest on inadvertent (but not on deliberate) excessive overpayments of royalties. Provides for estimated royalty payments. Prescribes royalty reporting and payment requirements with respect to volume allocation of oil and gas production for Federal leases in unit or communitization agreements and for those not in such agreements. (Sec. 9517) Amends FOGRMA to prohibit assessments for late payments or underpayments. Restricts assessments to erroneous reports only (but permits the imposition of penalties or interest for late payments or underpayment). (Sec. 9518) Prescribes guidelines under which a lessee may make prepayments in lieu of royalty payments for a marginal property which is not cost-effective for the Secretary to administer. Instructs the Secretary to provide accounting, reporting, and auditing relief that will encourage lessees to continue to produce and develop such properties. (Sec. 9519) Amends the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping obligations. Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public at less than fair market value). (Sec. 9520) Amends FOGRMA to require the Secretary to streamline and simplify current royalty management requirements and practices, including reporting, instruction, audits and collections. (Sec. 9521) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties. Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments. (Sec. 9522) Revises the Secretary's authority to delegate to the States all authority and responsibility to conduct audits and inspections with respect to all Federal lands within their borders to include production and royalty accounting duties and specified royalty collections. Authorizes a State to request that the Secretary sell the revenue stream from certain Federal leases on marginal properties. (Sec. 9523) Amends FOGRMA to replace the knowing and willful standard for violations which incur a civil penalty to a standard of willful misconduct or gross negligence (a higher and more difficult standard to prove). (Sec. 9524) Excludes Indian lands and privately owned minerals from the purview of this Act. Subtitle F: Indian Gaming - Amends the Indian Gaming Regulatory Act to increase fee-based funding for the National Indian Gaming Commission from class II gaming activities. Prohibits authorization of appropriations for Commission operations. Subtitle G: Consultation - Amends the Endangered Species Act of 1973 to state that the limitation of resources commitment between a Federal agency and a permit or license applicant shall only apply to site-specific projects or activities. Subtitle H: Mapping - Department of the Interior Surveying and Mapping Efficiency and Economic Opportunity Act of 1995 - Directs the Secretary of the Interior to conduct a mapping and surveying contracting program. Provides for: (1) a published inventory of Department of the Interior mapping and surveying activities; and (2) increased use of private services. Title X: Committee on Transportation and Infrastructure - Subtitle A: Water Resources - Prohibits the Secretary of the Army from modifying any concession service agreement, concession license, or similar instrument except to the extent permitted under law before enactment of this Act. (Sec. 10002) Authorizes the Director of the Federal Emergency Management Agency (FEMA) to assess and collect fees from persons subject to radiological emergency preparedness regulations. Terminates such assessment authority on September 30, 2002. Subtitle B: Ocean Shipping Reform - Ocean Shipping Reform Act of 1995 - Chapter 1: Ocean Shipping Reform - Amends the Shipping Act of 1984 to include as one of its purposes the granting of authority to carriers and shippers to develop transportation arrangements to meet their specific needs. (Sec. 10212) Redefines the term "conference," with respect to an association of ocean carriers permitted, pursuant to an approved agreement, to engage in concerted activity, to change "common tariff," which they all utilize, to "common schedule of transportation rates, charges, classifications, rules, and practices." Defines ocean freight forwarder and shippers' association. (Sec. 10213) Revises the scope of the Shipping Act of 1984, with respect to certain agreements by or among ocean common carriers, to: (1) substitute "ocean freight forwarders" for "non-vessel-operating common carriers" in exclusive, preferential, or cooperative working arrangements with ocean common carriers covered by the Act; and (2) cover agreements that discuss any matter related to ocean transportation contracts, and enter ocean transportation contracts and agreements related to those contracts. Repeals coverage of agreements to regulate or prohibit the use of service contracts. (Sec. 10214) Revises provisions relating to independent actions on certain matters by members of a shipping conference agreement. (Sec. 10216) Amends the High Seas Driftnet Fisheries Enforcement Act to repeal the automated tariff filing and information system provisions of such Act. Amends the Shipping Act of 1984 to revise provisions relating to: (1) schedules of transportation rates, terms, and conditions of common carriers and conferences for transportation services not governed by an ocean transportation contract; (2) ocean transportation contracts between one or more common carriers and a conference and one or more shippers; and (3) prohibited acts by persons or common carriers with respect to the provision of ocean transportation services. (Sec. 10219) Revises provisions for actions that the Federal Maritime Commission (FMC) may take against foreign carriers whose practices in a foreign country result in conditions that adversely affect U.S. carriers in the oceanborne trade, and do not exist for foreign carriers of that country in the United States. (Sec. 10220) Authorizes the Secretary of Transportation to request the Secretary of the Treasury to refuse or revoke any clearance required for a common carrier vessel if such carrier fails to supply certain information in a FMC investigation or adjudicatory proceeding. (Sec. 10224) Revises certain license and bond requirements with respect to ocean freight forwarders. (Sec. 10227) Requires marine terminal operators to make available to the public any schedules of rates, regulations, and practices, including limitations of liability, pertaining to receiving, delivering, handling, or storing property at its marine terminal. Chapter 2: Controlled Carriers Amendments - Revises provisions concerning the unjustness and unreasonableness of controlled carrier rates. (Sec. 10231) Declares that the rate standards, information submissions, remedies, reviews, and penalties under the Shipping Act of 1984 shall apply to ocean common carriers that are not controlled, but which have been determined by the Secretary of Transportation to be structurally or financially affiliated with nontransportation entities or organizations (government or private) in such a way as to affect their pricing or marketplace behavior in an unfair, predatory, or anticompetitive way that disadvantages them. Requires the Secretary to prescribe regulations that would govern how price and other information is to be submitted by controlled and non-controlled carriers when such information would be needed to determine whether prices charged by them are unfair, predatory, or anticompetitive. (Sec. 10232) Directs the Secretary to develop, and submit to the Congress, a negotiation strategy to persuade foreign governments to divest themselves of ownership and control of ocean common carriers. (Sec. 10233) Requires the Secretary to submit to the Congress an annual report on: (1) actions taken under the Foreign Shipping Practices Act and certain sections of the Shipping Act of 1984 and this Act; and (2) the effect on U.S. maritime employment of laws, rules, regulations, policies, or practices of foreign governments, or any practices of foreign carriers or other persons providing maritime services in a foreign country that result in the existence of conditions that adversely affect the operations of U.S. carriers in U.S. oceanborne trade. Chapter 3: Elimination of the Federal Maritime Commission - Requires the Director of the Office of Management and Budget to submit to the Congress a plan to eliminate the FMC no later than October 1, 1997. (Sec. 10241) Authorizes appropriations. Subtitle C: Midewin National Tallgrass Prairie - Chapter 1: General Provisions - Entitles this subtitle the Illinois Land Conservation Act of 1995 (the Act, for purposes of this subtitle). Chapter 2: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie - Ratifies the proposals generally identified by the land use plan approved by the Joliet Arsenal Citizen Planning Commission on May 30, 1995. Transfers the portion of land from the Joliet Arsenal constituting the Midewin National Tallgrass Prairie to the Secretary of Agriculture. Provides that the Secretary of the Army and the Secretary of Agriculture shall both maintain security for designated portions of the Area. (Sec. 10312) Directs the Secretary of the Army to: (1) transfer the designated portions of Arsenal land to the Secretary of Agriculture within six months of the Act's enactment; and (2) retain jurisdiction over any real property at the Arsenal which may be used for actions required under any environmental law to remediate contamination or conditions of noncompliance. (Sec. 10313) States that any liability or responsibility of the Secretary of the Army under environmental laws shall not transfer with the transfer of Arsenal property. Orders any Federal department or agency with hazardous materials at the Arsenal to pay for the cost of cleanup. (Sec. 10314) Directs the Secretary of Agriculture to establish the Prairie on the date of transfer of portions of the Arsenal to be managed for National Forest Service purposes. Authorizes the Secretary of Agriculture to cooperate with appropriate Federal, State, and local governments, private organizations, and corporations in the management of the Prairie. (Sec. 10315) Prohibits the construction of roads through the Prairie. Specifies terms and conditions for special use authorizations for agricultural purposes. Authorizes the Secretary of Agriculture to charge user fees and to waive such fees for certain individuals. (Sec. 10316) Provides special disposal rules for certain land parcels at the Arsenal. Chapter 3: Other Real Property Disposals Involving Joliet Army Ammunition Plant - Directs the Secretary of the Army to transfer certain land parcels at the Arsenal to the Secretary of Veterans Affairs for use as a national cemetery. (Sec. 10322) Directs the Secretary of the Army to transfer a portion of the Arsenal to Will County, Illinois, for use as a landfill. Permits the United States to maintain a reversionary interest in the property for a five-year period, to be exercised if the County fails to meet the transfer conditions. (Sec. 10323) Directs the Secretary of the Army to transfer a portion of land at the Arsenal to the State of Illinois for economic redevelopment purposes. Conditions the receipt of the land upon the Illinois Governor establishing a redevelopment authority to oversee the economic development. Permits the United States to retain a 20- year reversionary interest in such land. Chapter 4: Miscellaneous Provisions - Provides that this subtitle does not alter any requirements to be carried out in compliance with existing environmental laws. Subtitle D: Miscellaneous Provisions - Extends through FY 2002 the current tonnage duties imposed upon foreign vessels entering into U.S. ports. (Sec. 10402) Directs the Administrator of General Services to: (1) sell all U.S. rights and interest to the land and related improvements at Governors Island, New York; (2) sell the air rights to the land adjacent to Union Station in Washington, D.C.; and (3) issue regulations requiring each executive agency to collect fees for the use of all parking facilities provided for such agency at Federal expense. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Extension of Temporary Authorities - Extends through FY 2002: (1) the 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 (Department, for purposes of this title); (2) the authority for collection of a $2 copayment from veterans earning above a minimum income level for prescription medication furnished for outpatient treatment of a non-service- connected condition; (3) certain Department veterans' medical care cost recovery authority; (4) the authority under Federal veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs-based benefits; (5) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and surviving spouses who have no dependents and who are in Medicaid-participating nursing homes; (6) the authority of the Secretary of Veterans Affairs to charge and collect a home loan fee for housing loans which are guaranteed by the Department; and (7) the procedures applicable upon the default of such guaranteed loans. Subtitle B: Other Matters - Increases from $2 to $3 the prescription drug copayment required from certain veterans. Terminates the authority of the Secretary to waive such copayments or the collection of any indebtedness for failure to make such copayments. (Sec. 11022) Directs the Secretary, as of December 1, 1995, to round out to the next lower whole dollar any cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates. Prohibits any such rates from being increased during FY 1997 through 2002 by a percentage which is more than the percentage increase for benefits under title II (Old age, survivors and disability insurance) of the Social Security Act. (Sec. 11023) 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. 11024) 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. 11025) 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 and an opportunity to seek a waiver, or challenge the validity, of such debt before collection. 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 for such care and services are provided in advance in appropriations Acts; (2) provide full eligibility for both hospital and outpatient care for service-disabled veterans, low-income veterans, former prisoners of war, and veterans of World War I; and (3) provide such eligibility for veterans who were exposed to a toxic substance, radiation, or environmental hazard during the performance of duty. (Sec. 11032) Extends through December 31, 1998, the authority to provide priority hospital care and medical services for certain Persian Gulf 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 to enrollees 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 the specialized needs of certain disabled veterans, while not reducing its current capacity to provide services to other veterans. (Sec. 11035) Amends the Veterans Health Care Act of 1992 to repeal a provision which terminates the authority of the Secretary to enter into health care resource sharing agreements with the Department of Defense on October 1, 1996. Entitles the United 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 to include all health care resources and to allow health care providers, plans, or 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 limitations all positions held by persons involved in providing health-care resources under sharing agreements. Title XII: Trade - Subtitle A: Technical Corrections and Miscellaneous Trade Provisions - Amends the Tariff Act of 1930 to require that interest on claims be accrued from the date of such claim for the reliquidation (refund) of excess duties paid on entries of North American Free Trade (NAFTA) products. (Sec. 12002) Amends Federal customs law to repeal the requirement that certain vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits. Requires the Secretary of the Treasury to enter into contracts with collection services to recoup expenses associated with recovering indebtedness owed to the Government under the customs laws. (Sec. 12003) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require certain customs fees charged against merchandise imported from a foreign trade zone to be applied only to the value of the privileged or nonprivileged part of such merchandise. Declares that the similar application of such customs fees to imported U.S. agricultural products processed and packed in a foreign trade zone shall be effective to entries made on or after certain dates. (Sec. 12005) Amends the Caribbean Basin Economic Recovery Act and the Andean Trade Preference Act to declare that duty reductions for certain leather-related products shall not apply to textile and apparel articles subject to textile agreements. (Sec. 12007) Amends the Tariff Act of 1930 to authorize the United States Customs Service to extend the time for filing a drawback (refund) claim for duties for up to 18 months (one year if a major disaster occurs) if certain conditions are met. (Sec. 12008) Directs the Customs Service to provide for the liquidation or reliquidation (refund) of certain entries made at New York, New York, in accordance with the results of an administrative review, during the period from May 1, 1984, through March 31, 1985, by the International Trade Administration of the Department of Commerce (case number A-580-008). (Sec. 12009) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through February 1, 1999, of the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1988 Goodwill Games. (Sec. 12012) Provides for the electronic transmission of data to the U.S. Customs Service with respect to the duty-free treatment of imported civil aircraft pursuant to the Agreement on Trade in Civil Aircraft. (Sec. 12013) Amends the Customs and Trade Act of 1990 to extend, through December 31, 1994, the temporary exemption from duty of the cost of certain foreign repairs made to U.S. vessels. (Sec. 12014) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise the prohibition against the charging of fees for certain customs services to include services provided in connection with the arrival of any passenger on board a commercial vessel traveling only between ports which are within the customs territory of the United States. Declares that such exemption shall not apply in the case of the arrival of any passenger on board a commercial vessel whose journey originates and terminates at the same place in the United States if there are no intervening stops. Requires that passengers on commercial vessels making a single voyage involving two or more U.S. ports be charged a fee only once. (Sec. 12016) Amends the Tariff Act of 1930 to provide that certain marking requirements with respect to imported articles and containers shall not apply to: (1) certain metal forgings and hand tools made from such forgings; (2) certain coffee and tea products; and (3) spice products. (Sec. 12017) Directs the Secretary of the Treasury to liquidate or reliquidate as duty-free a certain entry of warp knitting machines. Requires a refund of duties and interest paid with respect to such entry. (Sec. 12018) Amends the Trade Act of 1974 to require the United States Trade Representative to identify trade liberalization priorities annually from calendar years 1996 through 2000. Subtitle B: Generalized System of Preferences - GSP Renewal Act of 1995 - Amends the Trade Act of 1974 with respect to the Generalized System of Preferences (GSP). Authorizes the President to designate a country as a least-developed beneficiary developing country for extension of trade preferences under the GSP. (Sec. 12102) Makes Austria, Finland, and Sweden eligible for designation as a beneficiary developing country. Declares that, for purposes of designating a beneficiary developing country, a country may be found to not provide protection of intellectual property rights, notwithstanding the fact that it may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the Uruguay Round Agreements Act. Authorizes the President to withdraw or suspend duty-free treatment for the products of a country based on consideration of specified factors and comments received from the public. Requires the President to: (1) withdraw or suspend the designation of a country as a beneficiary developing country if it is determined that changed circumstances would bar its designation as a beneficiary developing country; and (2) terminate the designation of a country as a beneficiary developing country if he or she determines that such country has become a "high income" country. Requires the President to notify the Congress before designating or terminating a country as a beneficiary developing country. Revises requirements for the designation of articles as eligible for preferential treatment. Authorizes the President to designate additional articles as eligible articles for countries designated as least-developed beneficiary developing countries if, after receiving advice from the International Trade Commission, it is determined that such articles are not import-sensitive. Prohibits an article that has been denied designation as an eligible article from being reconsidered for such designation for a three year period. Prohibits, with respect to the President's withdrawing, suspending, or limiting the duty-free treatment of an eligible article, the establishment of a duty rate for such article other than the rate which would apply but for this Act. Requires the President to terminate the duty-free treatment for an article from a beneficiary developing country (except least-developed beneficiary developing countries) whenever it is determined that such country has exported, directly or indirectly, to the United States during any calendar year a quantity of an eligible article: (1) having an appraised value in excess of $75 million (increased by $5 million on January 1 each calendar year after 1995); or (2) equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during the calendar year. Authorizes waiver of such competitive need limitation in the national economic interest if any U.S. industry is unlikely to be adversely affected by it. Prohibits any action under this Act from affecting any tariff duty imposed by the Legislature of Puerto Rico under the Tariff Act of 1930 on coffee imported into Puerto Rico. Requires the President to report to the Congress on: (1) the operation of this Act; and (2) the status of internationally recognized worker rights within each beneficiary developing country. (Sec. 12103) Directs the Secretary of the Treasury to liquidate or reliquidate and refund any duties that were paid on any entry: (1) of any article to which duty-free treatment under the GSP of the Trade Act of 1974 would have applied if such entry had been made on July 31, 1995; and (2) that was made after July 31, 1995, and before enactment of this Act. Requires buffalo leather from Thailand that is entered into the United States under certain entry numbers to be liquidated or reliquidated as if entered on June 30, 1995. Subtitle C: Trade Adjustment Assistance - Amends the Trade Act of 1974 to revise worker training requirements with respect to the payment of trade adjustment assistance to adversely affected workers. Repeals limitations on additional payments of trade readjustment allowances to workers during training periods. (Sec. 12201) Repeals the authority for relocation allowances to adversely affected workers. Extends through FY 2000: (1) the trade adjustment assistance program; and (2) authorization of appropriations for such program. Title XIII: Committee on Ways and Means-Revenue Reconciliation - Revenue Reconciliation Act of 1995 - Subtitle A: Extension of Expiring Provisions, Etc. - Part 1: Extensions Through December 31, 1997 - Amends the Internal Revenue Code to extend through December 31, 1997, the: (1) targeted jobs credit; (2) exclusion from gross income of an employee of employer provided educational assistance; (3) credit for increasing research activities; (4) special rule concerning charitable contributions of stock for which market quotations are readily available; and (5) credit for the clinical testing expenses of certain drugs for rare diseases or conditions. Makes additional revisions to provisions concerning the subjects of clauses one, two, and three. Part 2: Permanent Extension of FUTA Exemption for Alien Agricultural Workers - Extends permanently the Federal Unemployment Tax Act exemption for alien agricultural workers. Part 3: Commercial Aviation Fuel - Delays for two years, until September 30, 1997, the scheduled increase in the tax on fuel used in commercial aviation. Imposes a floor stocks tax, subject to stated exceptions, on such fuel held on October 1, 1997. Requires a study of the Federal excise tax burden on each of the various modes of transportation. Part 4: Extension of Airport and Airway Trust Fund Excise Taxes - Extends until September 30, 1996, the current Airport and Airway Trust Fund excise taxes. Subtitle B: Medical Savings Accounts - Permits a deduction for both itemizers and nonitemizers of up to the lesser of $2,500 (for an individual) or the deductible under a catastrophic health plan for amounts paid into a medical savings account. Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 - Part 1: Taxpayer Advocate - Establishes in the Internal Revenue Service the Office of the Taxpayer Advocate which shall assist taxpayers in resolving problems with the IRS. Part 2: Modifications to Installment Agreement Provisions - Requires that a taxpayer be given 30 days notice and an explanation of the reasons for modifying or terminating an installment agreement. Directs the Secretary of the Treasury to establish procedures for the independent review, for taxpayers requesting such a review, of such terminations. Part 3: Abatement of Interest and Penalties - Expands the authority of the IRS to abate assessments of interest to include delays caused by a managerial act or an unreasonable error. Grants the Tax Court jurisdiction to determine if the failure of the IRS to abate interest was an abuse of discretion. Part 4: Joint Returns - Directs the Secretary to conduct specified studies of joint return-related issues. Part 5: Collection Activities - Permits the Secretary to withdraw a notice of a lien if: (1) the notice was premature; (2) the taxpayer agrees to pay in installments; (3) withdrawal will facilitate collection; or (4) the withdrawal would be in the best interests of the United States. Increases from $1,650 to $2,500 the amount of personal property that is exempt from levy. Increases from $500 to $100,000 the offers-in-compromise amount for which a written opinion is required from the Office of Chief Counsel. Part 6: Information Returns - Permits an individual who has had an information return which was fraudulently filed in his or her name by another to bring a civil action against such other person. Part 7: Awarding of Costs and Certain Fees - Places the burden of proof on the IRS to establish that it was substantially justified in charging a taxpayer with a deficiency. Raises the amount of attorney's fees recoverable per hour by the prevailing party. Part 8: Modification to Recovery of Civil Damages for Unauthorized Collection Actions - Increases the limit from $100,000 to $1,000,000 on the recovery available for unauthorized IRS collection activities. Part 9: Modifications to Penalty for Failure to Collect and Pay Over Tax - Requires the IRS to issue a notice in writing, with respect to the failure to collect and pay an over tax, to a taxpayer at least 60 days in advance of any demand for a penalty. Requires the IRS, where there is more than one responsible party subject to such penalty, to disclose the name, to one responsible party, of any other responsible party. Exempts volunteer members of tax-exempt organizations from penalty for failure to collect and pay over tax. Part 10: Modifications of Rules Relating to Summonses - Includes any enrolled agent as a third-party recordkeeper with respect to the special procedures for the issuance of summonses. Part 11: Relief from Retroactive Application of Treasury Department Regulations - Provides generally, with exceptions, that no temporary, proposed, or final regulation to the tax code shall apply before its publication in the Federal Register or the date on which any notice substantially describing the expected contents of any such regulation is issued to the public. Part 12: Miscellaneous Provisions - Requires a report on a pilot program for appeal of enforcement actions. Amends the Anti-Drug Abuse Act of 1998, as well as the Internal Revenue Code, to extend for five years the authority for certain undercover operations. Allows a credit of up to $6,000 for qualified expenses in connection with an audit under the Tax Compliance Measurement Program. Subtitle D: Additional Technical Corrections - Makes corrections to the following Acts: (1) the Technical and Miscellaneous Revenue Act of 1988; (2) the Tax Reform Act of 1986; (3) the Revenue reconciliation Act of 1990; (4) the Deficit reduction act of 1984. Sets forth rules concerning the treatment of certain veterans' reemployment rights for veterans who return to civilian service following military service. Subtitle E: Tax Information Sharing - Extends the authority to disclose certain return information to the Department of Veterans Affairs. Subtitle F: Revenue Increases - Part 1: Provisions Relating to Businesses - Provides, with respect to a corporate shareholder's basis in stock reduced by the nontaxed portion of extraordinary dividends, that if the nontaxed portion of such dividend 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. Requires the organizer of a corporate tax shelter to register the shelter. Sets forth penalties for failure to file. Prohibits a deduction for interest paid on life insurance policies or annuities which cover a company officer or employee. Repeals the Puerto Rico and possessions tax credit for years beginning after December 31, 1995. Revises provisions concerning: (1) the income forecast method of determining depreciation deductions; and (2) transfers of excess pension assets to retiree health accounts. Part 2: Legal Reforms - Specifies that the exclusion from income of damages for personal injuries or sickness does not include punitive damages. Part 3: Treatment of Individuals Who Lose United States Citizenship - Revises provisions concerning expatriation to avoid taxes, including the following changes: (1) applies the provisions to certain long-term residents; (2) permits the Secretary to expand the ten year taxation period to fifteen years; (3) increases the categories of income treated as U.S. source income; (4) giving credit for foreign taxes imposed on U.S. source income; and (5) requiring the filing of certain information by expatriates. Revises the comparable estate and gift tax provisions. Part 4: Reforms Relating to Energy Provisions - Requires wind and closed-loop biomass energy facilities to be placed in service before September 14, 1995, in order to receive a tax credit. Denies a credit for alcohol used to produce ether. Limits the alcohol that is eligible for credit for alcohol used as fuel. Revises provisions concerning energy conservation subsidies provided by public utilities. Part 5: Reforms Relating to Nonrecognition Provisions - Revises provisions concerning the involuntary conversion of property into either similar property or money. Prohibits the nonrecognition of gain on the sale of a principal residence: (1) which is attributable to depreciation adjustments; or (2) unless the replacement property is located in the U.S. Part 6: Reforms Relating to Gambling Activities - Subjects to the tax on unrelated business income of charitable organizations income earned by an Indian tribe as a result of any class II or III gaming activity. Requires withholding from winnings of $5,000 or more from bingo or keno. Part 7: Other Reforms - Terminates the low-income housing credit after December 31, 1997. Repeals the: (1) credit for contributions to a community development corporation; (2) credit for purchasers of diesel-powered automobiles and light trucks; and (3) the provision which provides for the exclusion from income of rent from the rental of a vacation home for less than 15 days. Permits any qualified student loan funding corporation to end its status as a qualified scholarship funding corporation. Permits the interest on such a corporation's bond to remain tax-exempt if specified conditions are met. Part 8: Excise Tax on Amounts of Private Excess Benefits - Imposes a 25 percent tax (which shall be paid by the disqualified person) on any transaction from which an economic benefit is provided by a tax-exempt organization directly or indirectly to a disqualified person, if the value of the benefit provided exceeds the value of the consideration. Sets forth additional reporting requirements for 501(c)(3) organizations. Requires an exempt organization to make available a copy of its return. Requires any solicitation of an organization that refers to itself as nonprofit, when it is not exempt from tax, to contain an express statement that it is not exempt from tax. Imposes a penalty for failure to disclose. Subtitle G: Reform of the Earned Income Tax Credit - Repeals the earned income credit for individuals without children. Increases the phaseout rates. Includes in adjusted gross income the following nontaxable items, not previously included, for purposes of determining eligibility for the credit: (1) pension, annuity, and individual retirement plan income; and (2) social security benefits. Denies the credit to individuals not authorized to be in the U.S. Subtitle H: Increase in Public Debt Limit - Increases the statutory limit on the public debt. Subtitle I: Coal Industry Retiree Health Equity - Repeals the reachback provisions of the coal industry's health benefit system. Title XIV: Committee on Ways and Means: Tax Simplification - Tax Simplification Act of 1995 - Subtitle A: Provisions Relating to Individuals - Part 1: Provisions Relating to Rollover of Gain on Sale of Principal Residence - Allows gain to be rolled over from one residence to another in the order the residences are purchased and used, regardless of reasons for the sale of the old residence. Sets forth a two-year residence rule for taxpayers who sell a residence pursuant to a divorce or marital separation for purposes of determining the rollover of gain on the sale of a principal residence. Part 2: Other Provisions - Permits the payment of taxes by any commercially acceptable means deemed appropriate by the Secretary. Establishes a foreign tax credit limitation for individuals whose gross income is from sources outside the United States, consists entirely of qualified passive income, and the amount of creditable foreign taxes does not exceed $200. Excludes certain personal transactions from foreign currency rules. Provides that the amount allowed as a deduction to rural mail carriers for the business expense of a vehicle shall be equal to qualified reimbursements. Amends the Technical and Miscellaneous Revenue Act of 1988 to repeal the rule on the business use of automobiles by rural mail carriers. Limits the exclusion of combat pay from withholding to the amount excludable from gross income. Subtitle B: Pension Simplification - Part 1: Simplified Distribution Rules - Repeals: (1) the $5,000 the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions. Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. Part 2: Increased Access to Pension Plans - Modifies certain simplified employee pensions with respect to allowable participants and participation requirements. Allows local governments and tax-exempt organizations to maintain cash or deferred arrangements. Part 3: Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner or who has compensation from the employer in excess of $80,000. Repeals the family aggregation rules. Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. Modifies the present nondiscrimination test applicable to simplified employee pension plans to provide that the average deferral percentage for nonhighly compensated employees for the preceding year is to be used. Part 4: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Establishes a contribution limit for owner-employees of retirement plans. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59 and one-half. Modifies the treatment of governmental plans with respect to limits on contributions and benefits. Makes the social security retirement age the uniform retirement age for purposes of discrimination testing. Makes uniform the penalty provisions applicable to certain pension reporting requirements. Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. Amends the Uruguay Round Agreements Act to provide a transition rule for computing maximum benefits for qualified plans. Permits a participant and, if applicable, the participant's spouse to waive the minimum period for the joint and survivor annuity explanation before the annuity starting date. Repeals the combined limit for participants in both a defined contribution plan and a defined benefit plan maintained by the same employer. Subtitle C: Treatment of Large Partnerships - Part 1: General Provisions - Establishes special rules for large partnerships (250 or more partners) with respect to: (1) determining the income tax of a partner; (2) computing the taxable income of a large partnership; and (3) treatment of contributed property. Provides that a large partnership does not include one where: (1) substantially all of the activities involve the performance of personal services by individuals owning interests in such partnerships; or (2) 25 percent or more of partnership assets consist of oil or gas properties. Establishes simplified audit procedures for large partnerships. Requires a partner's return to be consistent with the partnership return. Allows partnerships to take adjustments into account through an imputed underpayment procedure or a flow-through-to-partners procedure. Authorizes and directs the Secretary to make adjustments at the partnership level in any partnership item to the extent necessary to have such item treated in the manner required, after notifying the partnership of such adjustment through certified or registered mail. Specifies certain restrictions on such adjustments. Provides for judicial review of such adjustment with the Tax Court, the appropriate district court, or the Court of Federal Claims. Prohibits any adjustments from being made three years after the later of the date on which the return was filed, or the last day for filing such return, except in specified cases. Allows a partnership to file a request for an administrative adjustment of partnership items during such time periods and provides for judicial review where such request is not allowed in full. Requires large partnerships to furnish information returns to partners by the first March 15 following the close of the partnership's tax year. Authorizes the Secretary to require large partnerships, or any other partnership with 250 or more partners, to file their returns on magnetic media. Part II: Provisions Related to Certain Partnership Proceedings - Revises and sets forth new provisions relating to partnership proceedings. Provides for a declaratory judgment procedure in the Tax Court for treatment of non-partnership items with respect to an oversheltered return. Describes an oversheltered return as one which above no taxable income and a net loss from partnership items. Provides for the partnership return to be determinative of the audit procedure to be followed. Suspends the period of limitations for making assessments for a partner who is named in a bankruptcy petition. Provides a special rule for a tax matters partner in bankruptcy. Permits a small partnership to have a C corporation as a partner. Excludes a partial settlement agreement from the one-year limitation on assessment. Provides that if a TEFRA statute extension agreement is entered into, that agreement also extends the statute of limitations for filing refund claims until six months after the expiration of the limitations period for assessments. Provides a prepayment forum and a refund forum for raising the innocent spouse defense in TEFRA cases. Provides that partnership level proceedings include a determination of the applicability of penalties at the partnership level. Allows partners to raise any partner-level defenses in a refund forum. Specifies that an action to enjoin premature assessments of deficiencies attributable to partnership items may be brought in the Tax Court. Permits a party to appear before a court for the sole purpose of asserting that the period of limitations for assessing any tax attributable to partnership items has expired for that person. Provides for the treatment of premature petitions filed by notice partners or five-percent groups. Provides that the amount of the bond to stay assessment and collection should be based on the Tax Court's estimate of the aggregate liability of the parties to the action (and not all of the partners in the partners in the partnership). Suspends interest where there is a delay in computational adjustment resulting from TEFRA settlements. Grants a partner seven years (in lieu of three years) to request an administrative adjustment with respect to bad debts or worthless securities. Subtitle D: Foreign Provisions - Part 1: Modifications to Treatment of Passive Foreign Corporations - Modifies passive foreign investment company provisions and allows a mark-to-market election by a shareholder of such company. Provides, in general, that a corporation shall not be treated with respect to a shareholder as a passive foreign investment company during the qualified portion of such shareholder's holding period with respect to stock in such corporation. Provides, in general, that in the case of marketable stock in a passive foreign investment company which is owned by a U.S. person such person may elect: (1) if the fair market value of such stock exceeds its adjusted basis, to include in gross income an amount equal to the amount of such excess; or (2) if the adjusted basis of such stock exceeds the fair market value of such stock, a deduction equal to the lesser of the amount of the excess or the unreserved inclusions with respect to such stock. Modifies the definition of passive income. Part 2: Treatment of Controlled Foreign Corporations - Provides that if a controlled foreign corporation sells or exchanges stocks in other foreign corporations, then gain recognized on such sale or exchange shall be included in the gross income of such corporation as a dividend to the same extent that it would have been included if such corporation were a U.S. person. Revises provisions concerning: (1) determining pro rata share of gain from certain sales or exchanges of stock in certain foreign corporations; (2) basis adjustments in stock held by lower-tier foreign corporations; (3) determination of previously taxed income in redemptions through use of related corporations; and (4) treatment of branch profits tax exemptions or reductions. Extends the application of the indirect foreign tax credit to certain controlled corporations below the third tier. Repeals Code provisions concerning earnings invested in excess passive assets. Part 3: Other Provisions - Establishes new rules for the translation of certain accrued foreign taxes. Modifies present rules for translating all other foreign taxes. Permits the use of the simplified limitation on the foreign tax credit in determining the alternative minimum tax foreign tax credit. Modifies the excise tax on outbound transfers to avoid income tax. Increases from five to ten percent the threshold for the information reporting by U.S. persons of their ownership of stock in a foreign corporation. Provides for the treatment of a prize or award received by a nonresident alien by reason of participating in an amateur sports competition in the U.S. Subtitle E: Other Income Tax Provisions - Part 1: Provisions Relating to S Corporations - Increases from 35 to 75 the number of eligible S corporation shareholders. Permits an electing small business trust to be a shareholder of an S corporation. Defines electing small business trust. Expands from 60 days to two years the post-death holding period for testamentary trusts in an S corporation. Expands the definition of "post-termination transition period" to include the 120 day period beginning on the date of any determination pursuant to an audit which follows the termination of the corporation's election and which adjusts a subchapter S item of income, loss, or deduction arising during the S period. Permits an S corporation to be a member of an affiliated group, thus permitting it to own the stock of a C corporation. Provides that adjustments for distributions by an S corporation during a taxable year are taken into account before applying the loss limitation for a year. Provides that if: (1) a corporation was an electing small business corporation for any taxable year beginning before January 1, 1983; and (2) such corporation is an S corporation for its first taxable year beginning after December 31, 1995, the amount of such corporation's accumulated earnings and profits (as of the beginning of such first taxable year) shall be reduced by an amount equal to the portion (if any) of such accumulated earnings and profits which were accumulated in any taxable year beginning before January 1, 1983, for which such corporation was an electing small business corporation under subchapter S. Permits the carryover of disallowed losses and deductions under the at-risk rules. Part 2: Provisions Relating to Regulated Investment Companies - Repeals the requirement that less than 30 percent of the gross income of a regulated investment company be derived from the sale or disposition of any of the following which were held for less than three months: (1) stocks or securities; or (2) options, futures, or forward contracts (other than those on foreign currencies). Part 3: Provisions Relating to Real Estate Investment Trusts - Revises provisions concerning the requirements for, and the taxation of, a REIT (real estate investment trust) including: (1) rules relating to the determination of ownership (requires compliance with specified regulations and sets penalties for noncompliance); (2) compliance with closely held prohibition provisions (factors in knowledge of being closely held; (3) definition of rents from real property (excludes and defines impermissible tenant service income); (4) the taxation of capital gains (requires shareholders to include such long-term gains as the trust designates); (5) repealing the 30 percent gross income requirement concerning income derived from the sale of stock and other property; (6) lengthening the grace period with respect to foreclosed property; (7) treating income from all hedges that reduce the interest rate risks as qualifying income; (8) revising safe harbor provisions; and (9) permitting a 100 percent REIT-owned corporation to qualify as a subsidiary, regardless of whether it was always owned by the REIT. Part 4: Accounting Provisions - Revises the look-back method for long-term contracts and provides that for purposes of such method, only one rate of interest is to apply for each accrual period. Permits a securities trader to use the mark to market accounting method. Modifies special rules concerning: (1)nuclear decommissioning costs; and (2) crop insurance proceeds and disaster payments. Permits partnerships and S corporations to use a fiscal year on the condition that quarterly payments are made. Sets a quarterly underpayment penalty. Part 5: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception if the spending requirements of that exception are otherwise satisfied. Repeals the debt service-based limitation on investment in certain nonpurpose investments. Repeals certain expired provisions. Part 6: Insurance Provisions - Provides for the treatment of life insurance variable contracts on retired lives and sets forth special rules for modified guaranteed contracts. Part 7: Other Provisions - Provides that the taxable year of a partnership closes with respect to a partner whose entire interest in the partnership terminates, whether by death, liquidation, or otherwise. Makes the employer FICA credit for employee tips available whether or not the employee reported such income. Revises provisions concerning: (1) the due date for first quarter estimated tax payments by foundations; and (2) the treatment of dues paid to agricultural or horticultural organizations. Subtitle F: Estates and Trusts - Part 1: Income Tax Provisions - Provides an irrevocable election to treat certain revocable trusts as part of the estate. Makes the separate share rules available to estates. Limits the taxable year of an estate to a year ending on October 31, November 30, or December 31. Repeals certain throwback rules applicable to domestic trusts. Provides for the treatment of, as well as defines, a qualified funeral trust. Part 2: Estate and Gift Tax Provisions - Allows the right of recovery with respect to qualified terminable interest property to be waived in a will only by specific reference. Provides that a transfer from a revocable trust within three years of death does not result in the inclusion of the transfer in the gross estate. Revises the qualified terminable interest rules with respect to a trust and the marital deduction. Provides that a trust created before the enactment of the Revenue Reconciliation Act of 1990 is treated as satisfying the withholding requirement if its trust instrument require that all trustees be U.S. citizens or domestic corporations. Directs the Secretary to prescribe procedures which provide that executors will have the opportunity to submit subsequent information on a recapture agreement in the filing of an estate tax return. Increases the unified credit of a decedent by the unified credit of a spouse used on a split gift included in the decedent's gross estate. Permits the marital deduction with respect to a defective power of appointment or qualified terminable interest property trust, if there is a qualified reformation of the rust to correct the defect. Prohibits the revaluation of a gift for which the statute of limitations period has passed for purposes of determining the estate tax bracket and the unified credit. Defines trust for the purposes of a qualified domestic trust to include, to the extent provided in regulations prescribed by the Secretary, other arrangements having substantially the same effect as a trust. Part 3: Generation-Skipping Tax Provisions - Provides that if a trust holding property having an inclusion ratio of greater than zero is severed in a qualified severance, at the election of the trustee of such trust, the trusts resulting from such severance shall be treated as separate trusts for purposes of the tax on generation- skipping transfers. Excludes from the definition of taxable termination a direct skip. Sets forth a special rule for persons with a deceased parent for purposes of the generation-skipping transfer tax. Subtitle G: Excise Tax Simplification - Part 1: Provisions Related to Distilled Spirits, Wines, and Beer - Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. Permits records of exportation to be maintained by the exporter for purposes of canceling or crediting bonds furnished when distilled spirits are removed from bonded premises. Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. Allows beer to be transferred without payment of tax from a brewery to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. Repeals the requirement that wine returned to bonded premises be unmerchantable in order for tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more. Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. Allows beer to be removed from a brewery without payment of tax for purposes of destruction. Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. Part 2: Consolidation of Taxes on Aviation Gasoline - Provides for the imposition of entire the aviation gasoline excise tax upon removal from a terminal facility. Part 3: Other Excise Tax Provisions - Authorizes the exemption from registration requirements of certain tax-free sales. Provides certain activities, including the removal of a fifth wheel, will not constitute manufacture with respect to the retail sales tax for a truck or tractor chassis. Repeals expired provisions concerning piggy-back trailers and deep seabed mining. Subtitle H: Administrative Provisions - Part 1: General Provisions - Repeals the authority to disclosure whether a prospective juror has been audited. Provides an explanation of the statute of limitations with respects to the return of a taxpayer. Allows corporations to disregard any letter or notice of assessment or proposed assessment of tax if the deficiency or proposed deficiency is less than $100,000. Permits any Commonwealth to provide for income tax withholding for Federal employees. Part 2: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. Provides that a taxpayer who seeks an award of administrative costs must apply for such costs with 90 days of the date on which the taxpayer was determined to be a prevailing party. Provides that a taxpayer who appeals a denial of administrative costs must petition the Tax Court within 90 days after the date that the IRS mails the denial notice. Provides that a taxpayer must file a motion (rather than a petition) to seek a redetermination of interest in the Tax Court. Provides that the net worth limitations applicable to individuals also apply to estates and trusts. Provides that individuals who file a joint tax return shall be treated as one individual for purposes of computing the net worth limitations. Part 3: Authority for Certain Cooperative Agreements - Authorizes the Secretary to enter into cooperative agreements with State tax authorities for purposes of enhancing joint tax administration. Title XV: Preserving, Protecting, and Strengthening Medicare - States that H.R. 2425 as passed by the U.S. House of Representatives (Medicare Preservation Act of 1995) is hereby enacted into law. Title XVI: Transformation of the Medicaid Program - Medicaid Transformation Act of 1995 - Amends the Social Security Act (SSA) to: (1) add a new title XXI (MediGrant Program for Low-Income Individuals and Families); and (2) terminate the current Medicaid program, which the new MediGrant program shall replace. Gives such new program the stated purpose of providing block grants to States to enable them to provide medical assistance to certain eligible low-income individuals and families in a more effective, efficient, and responsive manner. Prescribes general requirements for State Medigrant plans containing certain State-developed strategic objectives and performance goals. Prohibits coverage denials on the basis of a preexisting condition. (Sec. 1601) Outlines major program components, which include: (1) a separate fraud prevention program along with State Medigrant fraud control units; (2) a Medigrant Task Force and associated advisory group with specified duties; (3) funding set-asides for certain targeted population groups, including low-income families, low-income elderly and low-income-disabled, with specified uses for residual funds; (4) payment limitations and prohibitions with regard to abortions and euthanasia services, respectively; (5) State MediGrant fraud control units; (6) quality assurance standards for and certification of certain nursing facilities; and (7) a master manufacturer rebate program with regard to covered outpatient drugs (including extra rebates for single source drugs and innovator multiple source drugs). Places limitations on coverage of drugs by States participating in an agreement under such program. Declares that nothing in the new title XXI shall be construed as: (1) creating an entitlement under Federal law in any individual or category of individuals for medical assistance under a MediGrant plan; or (2) making requirements for a State with respect to benefits, provider payments, geographical coverage area, or selection of providers. Declares that no person shall have a cause of action under Federal law against a State in relation to a State's compliance (or failure to comply) with the provisions of this title or of a MediGrant plan. Sets forth various miscellaneous provisions, including those regarding plan administration with advisory committee assistance with regard to plan development, revision, and evaluation and for the submittal and approval of plan amendments. Details premium and cost- sharing under the new program. Provides additional payment exclusions for nonemergency medical services for unlawful aliens. Requires annual plan audits under the program. Mandates State enactment of certain described laws with regard to medical child support for States with an approved MediGrant plan. Details the process for States to withdraw from the new MediGrant program. Provides sanctions for substantial noncompliance by a plan with the requirements of this title. Terminates the current Medicare program for the distribution of pediatric vaccines. Title XVII: Abolishment of Department of Commerce - Department of Commerce Dismantling Act - Subtitle A: Abolishment of Department of Commerce - Abolishes the Department of Commerce (DOC) as of September 30, 1996, (or six months after enactment of this Act, whichever is earlier), and transfers its functions and employees to the Office of Management and Budget (OMB). (Sec. 17103) Declares that the Director of OMB, through the Office of Programs Resolution, shall be responsible for the administration and wind-up of any outstanding affairs of the DOC. (Sec. 17104) Establishes the Office of Programs Resolution in the OMB. (Sec. 17109) Directs the OMB to privatize each DOC function transferred to it that is designated for privatization under subtitle B. (Sec. 17110) Amends Federal law to require each affected agency to establish an agencywide priority placement program to facilitate employment placement for employees separated from service due to a reduction in force (RIF) resulting from this Act. (Sec. 17111) Limits annual expenditures for any function transferred but not terminated by this Act to 75 percent of FY 1995 expenditures. Subtitle B: Disposition of Various Programs, Functions, and Agencies of Department of Commerce - Amends the Public Works and Economic Development Act of 1965 to abolish the Economic Development Administration of the DOC and transfer its functions to the Administrator of the Small Business Administration (SBA). (Sec. 17201) Authorizes the Administrator (currently, the Secretary of Commerce) to make direct and supplementary grants to States and other entities for public works and development facilities projects. Authorizes the Administrator to provide special economic development and adjustment assistance through grants to help State and local areas meet special needs arising from actual or threatened severe unemployment arising from economic dislocation (including defense base closures and realignments) and economic adjustment problems resulting from severe economic conditions. Authorizes the Administrator also to provide technical assistance, market research, and information to alleviate conditions of excessive unemployment or underemployment to areas with a substantial need. Authorizes the Administrator to make direct grants to States, cities, or other political subdivisions, or sub-State planning and development organizations to pay up to 50 percent of the cost for economic development planning. Sets forth eligibility requirements for such assistance, including submission of an investment strategy by eligible recipients. Authorizes the Administrator to designate economic development districts and economic development centers for economic development assistance provided certain criteria are met. Sets forth administrative provisions. Authorizes appropriations. Directs the Comptroller General to submit to the Congress a plan for consolidating Federal economic development programs. (Sec. 17202) Terminates the Technology Administration and the Office of Technology Policy. Renames the National Institute of Standards and Technology the National Bureau of Standards, and transfers it to the National Institute for Science and Technology (NIST) established by this Act. Transfers all functions of the National Technical Information Service (NTIS) to the Director of Office of Management and Budget (OMB) for privatization. (Sec. 17203) Transfers, on an interim basis, all functions of the Secretary of Commerce with respect to the Bureau of the Census to the Director of OMB. Transfers, after the interim period, the the Bureau of the Census to the Department of Labor. (Sec. 17204) Transfers the functions of the Bureau of Economic Analysis to the Secretary of Labor, and consolidate its functions with those of the Bureau of Labor Statistics. Limits annual expenditures for any function not terminated by this section to 75 percent of FY 1995 expenditures. (Sec. 17205) Terminates specified functions of the National Telecommunications and Information Administration (NTIA). Transfers: (1) all NTIA laboratories to the Director of OMB for privatization; and (2) all functions of NTIA concerning research and analysis of the electromagnetic spectrum to the Director of the National Bureau of Standards. Transfers all other remaining functions of NTIA to the United States Trade Representative (USTR). Abolishes the NTIA. (Sec. 17206) Prohibits the appropriation of funds for specified National Oceanic and Atmospheric Administration (NOAA) programs and accounts. Transfers NOAA aeronautical mapping and charting functions to the Defense Mapping Agency. Directs such agency to terminate any functions that are performed by the private sector. Transfers NOAA functions relating to mapping, charting, and geodesy to the Director of the U.S. Geological Survey. Requires the Director to terminate functions performed by the private sector. Transfers all functions and assets of NOAA that were performed by the National Environmental Satellite, Data, and Information System (NESDIS) and the Office of Oceanic and Atmospheric Research (OAR) to the NIST. Transfers all functions of the National Weather Service (NWS) to NIST. Limits the number of NOAA commissioned officer for FY 1996. Terminates the Corps after FY 1996. Abolishes the Office of the NOAA Corps of Operations and the Commissioned Personnel Center, effective September 30, 1996. Directs the Administrator of NIST to enter into contracts for the use of vessels to conduct oceanographic research and fisheries research, monitoring, enforcement, and management, and to acquire other data necessary to carry out NOAA missions. Directs the Administrator to transfer excess vessels to the National Defense Reserve Fleet. Transfers to the NIST all functions of: (1) the National Marine Fisheries Service; and (2) the National Ocean Service. Transfers coastal nonpoint pollution control functions of the Secretary of Commerce to the Administrator of the Environmental Protection Agency (EPA). (Sec. 17207) Establishes the NIST as an independent Federal agency to be administered by an Administrator of Science and Technology. Transfers to the NIST all functions of: (1) NOAA; (2) the National Bureau of Standards; and (3) the Office of Space Commerce. Terminates specified NOAA agencies and positions. Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1995 expenditures. (Sec. 17208) Terminates specified DOC agencies and programs, including the Minority Business Development Administration, the U.S. Travel and Tourism Administration, the Advanced Technology Program, the Manufacturing Extension Programs, and the National Institute of Standards and Technology METRIC Program. Imposes a terminal moratorium on such agency and program activities. Subtitle C: Office of United States Trade Representative - Chapter 1: General Provisions - Sets forth specified definitions. Chapter 2: Office of United States Trade Representative - Subchapter A: Establishment - Establishes an independent Office of the United States Trade Representative (Office) (currently part of the Executive Office of the President), to be headed by the United States Trade Representative (USTR). Declares that the Office shall be the successor to the Department of Commerce for purposes of protocol. (Sec. 17312) Directs the USTR, in addition to current duties, to: (1) establish a national export strategy; (2) promote new opportunities for U.S. products and services to compete in the world marketplace; (3) assist small businesses in developing export markets; (4) consult and cooperate with State and local governments and other interested parties on international trade matters; (5) promote cooperation among business, labor, and Government to improve industrial performance and the ability of U.S. industries to compete in international markets; and (6) monitor and enforce foreign government compliance with international trade agreements to protect U.S. interests. Makes the USTR a member of the National Security Council and the National Economic Council, as well as chairperson of the Trade Promotion Coordinating Council and Deputy Chairman of the National Advisory Council on International Monetary and Financial Policies. Subchapter B: Officers - Establishes the officers of the Office, including a Deputy Administrator, two Deputy USTRs, and a Director General for Export Promotion. Subchapter C: Transfers to the Office - Transfers to the USTR all functions of: (1) the current USTR and the Office of the USTR in the Executive Office of the President; (2) specified officers and employees of the Department of Commerce; and (3) the Secretary of Commerce relating to the Export-Import Bank of the United States. Transfers all functions of: (1) the Director of the Trade and Development Agency to the Director General for Export Promotion; and (2) the Trade and Development Agency to the Office of the Director General for Export Promotion. (Sec. 17334) Amends the Export-Import Bank Act of 1945 to revise the composition of the Board of Directors of the Export-Import Bank of the United States, including making the USTR Chairman of the Board. Directs the United States and Foreign Commercial Service to provide such services as the Director General for Export Promotion determines necessary to assist the Bank in its lending, loan guarantee, and insurance activities. (Sec. 17335) Amends the Foreign Assistance Act of 1961 to revise the composition of the Board of Directors of the Overseas Private Investment Corporation, including making the USTR Chairman of the Board. (Sec. 17336) Directs the President to transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion and export financing activities and transfer them to the Office. (Sec. 17337) Amends the North American Free Trade Agreement Implementation Act to terminate at the end of FY 1995 the authorization of appropriations for: (1) the United States Section of the North American Free Trade Agreement (NAFTA) Secretariat; and (2) the U.S. contribution to the Border Environment Cooperation Commission. Transfers functions of the Committee for the Implementation of Textile Agreements (CITA) to: (1) the USTR; and (2) the International Trade Commission (ITC) (as they relate to the assessment of the impact of textile imports on domestic industry). Abolishes the CITA. Subchapter D: Administrative Provisions - Sets forth administrative provisions, including establishment of a working capital fund. Subchapter E: Related Agencies - Amends the Trade Expansion Act of 1962 to revise the composition of the Interagency Trade Organization to replace the Secretary of Commerce with representatives of such other Federal agencies as the USTR shall designate. (Sec. 17362) Amends the National Security Act of 1947 to include the USTR in the National Security Council. (Sec. 17363) Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the USTR with respect to trade matters under consideration by the Fund. Subchapter F: Conforming Amendments - Makes conforming amendments to the Trade Act of 1974. (Sec. 17371) Amends the Foreign Service Act of 1980 to authorize the USTR (currently, the Secretary of Commerce) to utilize the Foreign Service personnel system with respect to certain personnel. Subchapter G: Miscellaneous - Sets forth effective dates. (Sec. 17382) Provides for interim appointments and personnel as well as funding reductions. Subtitle D: Patent and Trademark Office Corporation - Patent and Trademark Office Corporation Act of 1995 - Chapter 1: Patent and Trademark Office - Establishes the Patent and Trademark Office as a wholly owned Government corporation. Requires the Office to maintain an office in the district in which its principal office is located. Authorizes the Office to retain and use all of its revenues and receipts in carrying out its functions, subject to provisions of the Omnibus Budget Reconciliation Act of 1990. (Sec. 17413) Vests management of the Office in the Commissioner of Patents and Trademarks, who shall be appointed by the President for a five-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall not be subject to provisions governing Federal employees, with specified exceptions. Sets forth provisions regarding retirement, health benefits, life insurance, the Employees' Compensation Fund, and a requirement that the Office offer a specified minimum number of life and health insurance policies. Directs the Office to: (1) develop labor relations and employee relations programs with the objective of improving productivity and efficiency, based on specified guidelines; and (2) adopt all labor agreements which are in effect as of the day before the effective date of this Act, with respect to such Office. Sets forth provisions regarding personnel, accumulated leave, termination rights, continuation in office of certain officers, competitive status, and savings provisions. (Sec. 17414) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner. (Sec. 17415) Repeals provisions subjecting the Commissioner's performance to the direction or approval of the Secretary of Commerce. (Sec. 17416) Amends the Trademark Act of 1946 to revise the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members. (Sec. 17417) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions which are vested in the Office by this subtitle. Chapter 2: Effective Date; Technical Amendments - Makes this subtitle effective six months after its enactment. (Sec. 17432) Makes technical and conforming amendments. Subtitle E: Miscellaneous Provisions - Sets forth administrative provisions. Title XVIII: Welfare Reform - Provides that H.R. 4 (Personal Responsibility Act of 1995) as passed by the U.S. House of Representatives is enacted with certain technical amendments deeming State plan submissions under new SSA title IV part A (Block Grants for Temporary Assistance for Needy Families) to be acceptance of certain grant limitations. (Sec. 18001) Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for FY 1996 through 2002. Makes certain technical amendments to the Child Nutrition Act of 1966 pertaining to a limitation on State obligation allotments for FY 1996 through 2000, with similar technical changes under the National School Lunch Act. Title XIX: Contract With America-Tax Relief - Enacts Title VI (Contract With America Tax Relief Act of 1995) of H.R. 1215 (Tax Fairness and Deficit Reduction Act of 1995) of the 104th Congress as passed by the House of Representatives with modifications, including: (1) striking subtitle E (Social Security Earnings Test); (2) striking part III (Alternative Minimum Tax Relief) of subtitle C (Job Creation and Wage Enhancement); and (3) striking the redesignated subtitle F (Tax Reduction Contingent on Deficit Reduction) and inserting in its place a revised subtitle F (with the same name). Provides, under such revised subtitle F, for the: (1) definition of the term net modified chapter 1 liability and provides for the determination of such amount; (2) lowering of the 50 percent capital gains deduction for taxpayers other than corporation to 34.5 percent and of the 31.9 percent alternative capital gains tax for corporations to 25 percent; and (3) revision of provisions affecting the American Dream Savings Account, the alternative minimum tax, and the estate and gift tax. Title XX: Budget Enforcement - Seven-Year Balanced Budget Enforcement Act of 1995 - Amends the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 to provide for the enforcement of deficit reduction by extending and reducing the discretionary spending limits and permanently extending the pay-as-you-go requirements. Prohibits Medicare savings from being used to account for tax reductions. Sets forth special rules applicable to Department of Defense sequestration. Provides for the treatment of direct student loans.

Seven-Year Balanced Budget Reconciliation Act of 1995

United States · United States Congress · 17 October 1995

TABLE OF CONTENTS: Title I: Provisions of General Applicability Title II: Committee on Banking and Financial Services Subtitle A: Housing Provisions Subtitle B: Thrift Charter Conversion Subtitle C: Community Reinvestment Act Amendments Title III: Committee on Commerce Subtitle A: Communications Subtitle B: Nuclear Regulatory Commission Annual Charge Subtitle C: United State Enrichment Corporation Subtitle D: Waste Isolation Pilot Project Subtitle E: Naval Petroleum Reserves Title IV: Committee on Economic and Educational Opportunities Subtitle A: Higher Education Subtitle B: Davis-Bacon and Service Contract Repeals Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 Title V: Committee on Government Reform and Oversight Title VI: Committee on International Relations Title VII: Committee on the Judiciary Title VIII: Committee on National Security Subtitle A: Military Retired Pay Subtitle B: Naval Petroleum Reserves Subtitle C: National Defense Stockpile Title IX: Committee on Resources Subtitle A: Alaska and Helium Privatization Subtitle B: Water and Power Subtitle C: National Parks, Forests, and Public Lands Subtitle D: Territories Subtitle E: Minerals Subtitle F: Indian Gaming and Health Subtitle G: Consultation Subtitle H: Mapping Subtitle I: National Park System Reform Title X: Committee on Transportation and Infrastructure Subtitle A: Water Resources Subtitle B: Ocean Shipping Reform Subtitle C: Midewin National Tallgrass Prairie Subtitle D: Miscellaneous Provisions Subtitle E: Economic Development Administration and Appalachian Regional Commission Title XI: Committee on Veterans' Affairs Subtitle A: Extension of Temporary Authorities Subtitle B: Other Matters Subtitle C: Health Care Eligibility Reform Title XII: Committee on Ways and Means - Trade Subtitle A: Technical Corrections and Miscellaneous Trade Provisions Subtitle B: Generalized System of Preferences Subtitle C: Trade Adjustment Assistance Title XIII: Committee on Ways and Means - Revenue Reconciliation Subtitle A: Extension of Expiring Provisions, Etc. Subtitle B: Medical Savings Accounts Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 Subtitle D: Additional Technical Corrections Subtitle E: Tax Information Sharing Subtitle F: Revenue Increases Subtitle G: Reform of the Earned Income Tax Credit Subtitle H: Increase in Public Debt Limit Subtitle I: Coal Industry Retiree Health Equity Title XIV: Committee on Ways and Means - Tax Simplification Subtitle A: Provisions Relating to Individuals Subtitle B: Pension Simplification Subtitle C: Treatment of Large Partnerships Subtitle D: Foreign Provisions Subtitle E: Other Income Tax Provisions Subtitle F: Estates and Trusts Subtitle G: Excise Tax Simplification Subtitle H: Administrative Provisions Title XV: Medicare Title XVI: Transformation of the Medicaid Program Title XVII: Department of Commerce Abolition Subtitle A: Abolishment of Department of Commerce Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce Subtitle C: Consolidation of Statistical Functions Subtitle D: United States Trade Administration Subtitle E: Patent and Trademark Office Corporation Subtitle F: Miscellaneous Provisions Title XVIII: Welfare Reform Title XIX: Contract Tax Provisions Title XX: Budget process Title I: Provisions of General Applicability - Seven-Year Balanced Budget Reconciliation Act of 1995 - Sets forth the table of contents of this Act. Title II: Committee on Banking and Financial Services - Subtitle A: Housing Provisions - Amends the Federal Home Loan Bank Act to terminate the Resolution Trust Corporation and Federal Deposit Insurance Corporation affordable housing programs and transfer remaining authority to the Department of Housing and Urban Development. Amends the National Housing Act: : (1) eliminate the Federal Housing Administration assignment and temporary mortgage assistance programs; and (2) prohibit foreclosure relief. Amends the Housing and Community Development Amendments of 1978 with regard to the multifamily property disposition program. Amends the Housing Act of 1949 to provide for rural housing loan subsidy recapture upon loan repayment. Amends the Housing Act of 1937 to reduce the section 8 annual adjustment factors for units with no tenant turnover. Subtitle B: Thrift Charter Conversion - Thrift Charter Conversion Act of 1995 - Chapter 1: Thrift Charter Conversion - Amends the Federal Deposit Insurance Act (FDIA) to prescribe guidelines for the imposition of a single additional special assessment on each Savings Association Insurance Fund (SAIF) member and Bank Insurance Fund (BIF) member for deposit into the SAIF. (Sec. 2202) Amends the Federal Home Loan Bank Act to make conforming amendments to the assessment authority of the Financing Corporation (FICO), extending FICO assessments to all depository institutions insured by the Federal Deposit Insurance Corporation (FDIC). Amends the FDIA to declare that assessment rates for SAIF members may not be less than assessment rates for BIF members. Amends the FDI: o: (1) repeal its exit moratorium and conversion (Oakar) provisions; (2) replace the BIF with a deposit insurance fund initially consisting of the merged assets and liabilities of the BIF and SAIF; (3) direct the FDIC to merge the BIF and SAIF into the deposit insurance fund by January 1, 1998; and (4) establish in the new deposit insurance fund a special emergency reserve. (Sec. 2204) Prescribes procedural guidelines with respect to the refund of amounts in a deposit insurance fund in excess of the designated reserve amount. (Sec. 2205) Prohibits the FDIC Board of Directors from setting semi-annual assessments in excess of the amount needed to maintain or achieve the designated reserve ratio of a deposit insurance fund. Chapter 2: Status of Banks and Savings Associations - Prescribes procedural guidelines for the termination of Federal Savings Association charters and their conversion into national bank charters or State depository institution charters. Prohibits the Director of the Office of Thrift Supervision from granting any charter for a Federal savings association. Amends the FDIA to treat State Savings Associations as banks for purposes of Federal banking law. (Sec. 2222) Amends the Bank Holding Company Act of 1956 to permit continuation of grandfathered bank holding company activities and affiliations. (Sec. 2223) Sets forth transition provisions for: (1) activities of savings associations and mutual savings associations which have converted into or become treated as banks; and (2) registration of bank holding companies resulting from conversions of savings associations to banks or treatment of savings associations as banks. (Sec. 2228) Repeals the Home Owners' Loan Act. Chapter 3: Transfer of Functions, Personnel, and Property - Abolishes the Office of Thrift Supervision and the position of Director of such Office. Transfers its functions, personnel, and property to the Office of the Comptroller of the Currency, the FDIC, or the Board of Governors of the Federal Reserve System. Chapter 4: Loan Loss Reserve Treatment - Expresses the sense of the Congress that the special thrift bad debt reserve method of the Internal Revenue Code should be repealed in a fashion that would neither threaten the economic viability of thrift institutions which convert to bank charter, nor cause the Federal Treasury to lose revenue. Subtitle C: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent to prohibit a supervisory agency from imposing additional burden, recordkeeping, or reporting when examining financial institutions. (Sec. 2302) Exempts a regulated financial institution from CRA evaluation requirements: : (1) the institution and its parent bank holding company have aggregate assets of not more than $100 million; and (2) it publicizes its services to local low- and moderate-income neighborhoods. (Sec. 2303) Provides for self-certification of CRA compliance by certain "satisfactory" or "outstanding" financial institutions with assets of $250 million or less, subject to certain public notice requirements. Prohibits a Federal regulatory agency from imposing additional self-certification requirements. (Sec. 2304) Sets forth community input and conclusive rating requirements, including requirements for publication of exam schedule, opportunity for comment, evaluation by the appropriate Federal financial supervisory agency of how the institution meets community needs, and procedures for requests for reconsideration of the resulting rating. (Sec. 2305) Mandates that, in conducting assessments of financial institutions, the appropriate Federal regulatory agency: (1) consider the nature of the business of special purpose financial institutions; (2) assess and take into account the institution's record commensurate with the amount of deposits it has received; and (3) develop standards under which they may be deemed to comply with CRA requirements consistent with the specific nature of such businesses. Defines a "special purpose institution" as one that does not generally accept retail deposits from the public in amounts of less than $100,000, such as wholesale, credit card, and trust institution. (Sec. 2306) Requires the appropriate Federal financial supervisory agency, in assessing and taking into account the records of a regulated financial institution for purposes of CRA compliance, to consider as a positive factor the institution's investments and loans to: (1) minority or women's depository institution or low-income credit union; (2) any joint ventures, entities, or projects providing benefits to distressed communities (regardless of whether or not the recipient institutions or communities are located within the regulated financial institution's chartered service area); and (3) targeted low- and moderate-income communities, including real property loans to such communities. Specifies other related positive factors to be considered. (Sec. 2307) Prohibits regulations requiring additional CRA recordkeeping and loan data collection. (Sec. 2308) Applies a requirement of metropolitan area distinctions, with respect to the public section of written institution evaluations, only to institutions that maintain domestic branches in two or more States. (Sec. 2309) Amends the Federal Home Loan Bank Act to exempt from certain community investment or service reporting requirements members who receive a CRA rating of outstanding or satisfactory. (Sec. 2310) Expresses the sense of the Congress that congressional committees should exercise aggressive oversight of the adoption and implementation of any CRA regulation by a Federal supervisory agency after the date of enactment of this Act. Requires such agency to report to the Congress on the implementation of all CRA regulations. (Sec. 2311) Amends the Federal Deposit Insurance Act (FDIA) to direct each Federal banking agency to ensure that its banking examiners consult on examination activities and resolve any inconsistent recommendations given to a depository institution. (Sec. 2312) Amends the CRA to prohibit a Federal agency from prescribing any regulation which would: (1) require a financial institution to make any loan or enter into any agreement on the basis of any discriminatory criteria prohibited under Federal law; (2) make any loan to, or enter into any other agreement with, an uncreditworthy person that would jeopardize the institution's safety and soundness; or (3) hinder the institution's full responsibility to provide credit to all community segments. Title III: Committee on Commerce - Subtitle A: Communications - Chapter 1: Spectrum Auctions - 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 (Secretary in this title) 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, 2000. 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. Chapter 2: Federal Communications Commission Authorization - Federal Communications Commission Authorization Act of 1995 - Amends the Act to authorize appropriations for the FCC for FY 1996. Derives a portion of the sum of such appropriations in each fiscal year from an amount determined by the establishment and adjustment of application and regulatory fees under the Act. Directs the FCC to submit to the appropriate congressional committees and publish in the Federal Register semiannual reports specifying the reimbursements which the FCC has accepted from non-Federal sources for travel and related expenses of FCC employees. Amends the Federal Communications Commission Authorization Act of 1988 to authorize the FCC, during FY 1996, to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated under the Older Americans Act. (Sec. 3013) 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. (Sec. 3014) 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, as well as the application and regulatory fee adjustments. (Sec. 3015) Authorizes the FCC to: (1) designate an entity to make inspections of ship radio stations; and (2) require such inspections annually, with an authorized waiver under limited circumstances. (Sec. 3016) Sets forth provisions regarding: (1) expedited Instructional Television Fixed Service processing; (2) tariff rejection authority; (3) refund authority; (4) licensing of aviation, maritime, and personal radio services by rule; (5) forfeitures for violations imperiling safety of life; (6) the use of experts and consultants; and (7) the statute of limitations for forfeiture proceedings against common carriers. (Sec. 3024) Directs the FCC to report to the Congress on the existing and future use of the FM band to facilitate the use of auditory assistive devices for individuals with hearing impairments. Subtitle B: Nuclear Regulatory Commission Annual Charge - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from September 30, 1998, to September 30, 2002 the authority of the Nuclear Regulatory Commission to assess and collect annual user fees and charges. Subtitle C: United States Enrichment Corporation - USEC Privatization Act - 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. 3038) Revises employee protection guidelines for the United States Enrichment Corporation's two gaseous diffusion plants, especially with respect to pension and post-retirement health benefits. (Sec. 3039) Terminates the status of the United States Enrichment Corporation (USEC) 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. Prescribes procedural guidelines for the U.S. Executive Agent under the Russian HEU Agreement to transfer and sell to the Secretary of Energy (Secretary in this title) uranium hexafluoride equivalent to the natural uranium component of low-enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent. (Sec. 3040) 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 public offering. Mandates that the proceeds from privatization be included in the budget baseline and counted as an offset to direct spending pursuant to the Balanced and Emergency Deficit Control Act of 1985 (Gramm- Rudman-Hollings). Requires 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. (Sec. 3041) Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. (Sec. 3042) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment. Subtitle D: Waste Isolation Pilot Project - Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act to repeal: (1) the mandate for a test phase and retrieval plan; (2) the authority to conduct test phase activities, as well as certain limitations upon the quantity of waste that may be transported; (3) the proscription against transportation or emplacement of remote-handled transuranic waste at the Waste Isolation Pilot Plant (WIPP) project during the test phase; (4) the WIPP requirements for commencement of transuranic waste disposal operations; (5) certification requirements with respect to WIPP compliance with Environmental Protection Agency (EPA) disposal regulations; (6) requirements for action in the event of noncompliance with EPA certification requirements; (7) the mandate for periodic EPA recertification; and (8) the mandate for engineered and natural barriers and waste form modifications to isolate transuranic waste after disposal. (Sec. 3051) Exempts transuranic mixed waste designated for WIPP disposal from specified land disposal restrictions. States that a no migration variance is not required for waste disposal at WIPP. Repeals the mandate for: (1) determination of noncompliance with EPA requirements for test, disposal and decommissioning phase activities; (2) retrievability of transuranic waste if WIPP violates final EPA disposal regulations; and (3) a plan for the decommissioning of WIPP. (Sec. 3055) Authorizes WIPP to receive transuranic waste, within a specified capacity, from the Secretary which did not result from a defense activity. Subtitle E: Naval Petroleum Reserves - Naval Petroleum Reserve Privatization Act of 1995 - Amends Federal law to require the Secretary to: (1) sell to private interests all Federal interest in the naval petroleum and oil shale reserves; and (2) enter into contracts for such sale by December 31, 1996. Prescribes a sales administration and finalization schedule to be concluded by November 1, 1996. Prescribes special rules governing the sale of Naval Petroleum Reserve Numbered l (Elk Hills, California), including: (1) production allocation; (2) maintenance of production pending sale; and (3) set aside of sale proceeds on account of California claims. Instructs the Secretary to exercise certain termination procedures so that a specified contract with the Bechtel Petroleum Operation, Inc. terminates not later than the closing date of the sale of such Reserve. Exempts the sale of naval petroleum reserves from congressional notification and consultation requirements, as well as: (1) presidential approval; and (2) the Attorney General's impact evaluation. Title IV: Committee on Economic and Educational Opportunities - Subtitle A: Higher Education - Higher Education Program Efficiency Act of 1995 - Amends student aid provisions of the Higher Education Act of 1965 (HEA) to terminate program authority, funding, and authority to enter into new agreements for the William D. Ford Federal Direct Loan Program. Revises provisions for funds for administrative expenses. (Sec. 4003) Eliminates certain grace period interest subsidies for new student loans. (Sec. 4004) Revises the parent loan (Federal PLUS loans) program to: (1) set a $15,000 maximum limitation on the amount parents may borrow for one student in any academic year; (2) require each holder of a PLUS loan to pay biannual rebates of interest subsidies to the Secretary of Education (Secretary in this title); and (3) raise interest rates on PLUS loans. (Sec. 4005) Requires a loan transfer fee to be paid by the transferee to the Secretary. (Sec. 4006) Requires the originating lender to remit a fee to the guarantee agency. (Sec. 4007) Revises HEA student aid provisions relating to: (1) reserve funds; (2) the free Federal application for student loans, in an electronic or other format; (3) Federal interest subsidies; (4) a reinsurance percentage; (5) loan fees from lenders; and (6) an audit exemption for small lenders. Excludes loans made or held as a trustee or in a trust capacity for the benefit of a third party from consideration in determining whether the making or holding of loans to students and parents is the primary consumer credit function of the eligible lender. Includes as an eligible lender under the student loan insurance program a wholly owned subsidiary company which, as of the enactment of this Act, acts as a finance company and participates in the authorized program pursuant to specified provisions. (Sec. 4008) Requires guarantee agencies to use at least 50 percent of their reserve funds to purchase and hold defaulted loans that they guarantee and for which insurance claims are filed by the eligible lender, with specified exceptions. (Sec. 4009) Extends the period during which a guaranty agency is required to hold a defaulted loan under certain conditions. Prescribes requirements for the new extended holding period program with respect to subject loans, excluded loans, and guaranty agency efforts during such period. Prohibits the Secretary from regulating the collection activities of a guaranty agency with respect to any loan which is subject to such extended holding period and for which reinsurance has not been paid. (Sec. 4010) Provides for the privatization and renaming of the College Construction Loan Insurance Association, and the cessation of Federal sponsorship. Repeals provisions for such Association under HEA. (Sec. 4011) Revises, for purposes of the definition of proprietary institution, provisions relating to consideration of revenues from sources that are not derived from funds provided under HEA student aid provisions. (Sec. 4012) Extends the duration of the Federal student loan insurance program. Terminates the authority to make Federal consolidation loans as of the end of FY 2002. Subtitle B: Davis-Bacon and Service Contract Repeals - Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). (Sec. 4102) Repeals the Service Contract Act of 1965. Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 - Provides that, for certain purposes under the Employee Retirement Income Security Act of 1974 (ERISA), the prescribed minimum period between provision of a joint and survivor annuity explanation and the annuity starting date shall not apply if waived by the participant and, if applicable, the participant's spouse. Title V: Committee On Government Reform and Oversight - (Bill text to be supplied.) Title VI: Committee on International Relations - Amends the Foreign Assistance Act of 1980 to include under the State Department health care program for coverage abroad any other persons designated by the Secretary of State (Secretary in this title) in addition to Foreign Service members, other Federal employees abroad, and their families. Authorizes the Secretary, under such program, to collect from a third party payer the reasonable costs incurred by the Department on behalf of covered beneficiaries (excluding such additional Secretary-designated persons) for health care services to the same extent that such a beneficiary would be eligible to receive indemnification from the third party payer for such costs. (Sec. 6001) Authorizes the Secretary to collect from a non-covered person (including such additional Secretary-designated persons) who receives health care services under such program the reasonable costs of such services incurred by the Department on the person's behalf. (Sec. 6002) Enacts into law Division A of H.R. 1561, as passed the House of Representatives on June 8, 1995 (relating to consolidation of foreign affairs agencies). Title VII: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend provisions regarding surcharges on patent and trademark fees through FY 2002. Specifies patent and trademark user fee amounts to be collected through establishment of surcharges for FY 1999 through 2002. Title VIII: Committee on National Security - Subtitle A: Military Retired Pay - Limits to FY 1995 (currently, through FY 1998) the authority for certain cost-of-living adjustments (COLAs) to military retired and retainer pay. Makes the FY 1996 COLA for military retirees first payable for March 1996. Subtitle B: Naval Petroleum Reserves - Directs the Secretary of Energy (Secretary in this title) to sell all U.S. rights and interest to naval petroleum and oil shale reserves. Requires contracts for such sales to be entered into no later than September 30, 1996. Requires the Secretary to retain the services of: (1) five independent experts for the separate valuation of each of the five reserves; and (2) an investment banker to independently administer the sales. Provides special administrative requirements with respect to the sale of Naval Petroleum Reserve Numbered 1, in Elk Hills, California, including the requirement that the Elk Hills unit continue current full production until the completion of its sale. Provides for the termination of a current Elk Hills naval petroleum sales contract. Directs the Secretary to offer to settle all claims against the United States by the State of California and the California Teachers' Retirement Fund with respect to land within the Elk Hills unit. Requires a 15-day prior congressional notification period before entering into a sales contract with respect to a naval petroleum reserve. Subtitle C: National Defense Stockpile - Directs the President during FY 1996 to dispose of: (1) all cobalt contained in the National Defense Stockpile (NDS) that is authorized for disposal under any law; and (2) additional quantities of specified materials in the NDS so as to result in specified receipts for FY 1996 through 2002. Limits disposal quantities with respect to each item. Requires deposit into the Treasury of all sale receipts. Terminates the disposal authority on the date on which the total receipts desired are achieved. Title IX: Committee on Resources - Subtitle A: Alaska and Helium Privatization - Part I: Alaska - Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil unless the President finds, within five months after enactment of this Act, that such exportation is not in the national interest. Sets forth mandatory considerations in evaluating whether such exportation is in the national interest, including an environmental review and supply and employment impact analysis. Mandates that, except in certain cases, such oil be transported by U.S.-owned merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. (Sec. 9001) Instructs the Secretary of Commerce to issue, within 30 days after the President's national interest determination, necessary rules, including any licensing requirements and conditions, to implement such determination. Directs the Secretary of Commerce to recommend that the President take appropriate action (including modification of export authorization) if oil exports under authority of this Act have caused sustained material supply shortages or price increases significantly above world market levels, together with sustained material adverse effects upon domestic employment. Instructs the Comptroller General to review and report to specified congressional committees on energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports upon consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii. (Sec. 9002) Declares it is the purpose of this section to reduce the Federal deficit by a specified amount over five years as a result of competitive bonus bids for oil and gas leases in the coastal plain of the Arctic National Wildlife Refuge (coastal plain). States that the Congress hereby determines that this section's oil and gas leasing program in the coastal plain is compatible with the purposes of the Arctic National Wildlife Refuge, and that no further findings or decisions are required to implement this determination (thereby avoiding statutorily-mandated environmental determinations). Instructs the Secretary of the Interior (Secretary in this title) to promulgate regulations within six months after enactment of this section governing a coastal plain leasing program for oil and gas exploration, development, production and transportation. Mandates that the first lease sale of at least 200,000 acres be conducted within 12 months after enactment of this section. Requires lease sales to be based upon an industry nomination process. Directs the Secretary to grant to the highest bidders any oil and gas lease on unleased Federal lands within the coastal plain at royalty payments of at least 12 1/2 percent. Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its proscription against the production of oil and gas from the Arctic National Wildlife Refuge. Declares this section is the primary land management authorization for all coastal plain exploitation activities, and that no land management review, determination, or other action shall be required. Authorizes the Secretary to close to leasing and designate up to 30,000 acres of the coastal plain as Special Areas if these lands are of such unique character and interest so as to require special management and regulatory protection. Directs the Secretary to develop guidelines to encourage the siting of facilities with common use characteristics (services bases, ports and docks, airports, major pipelines and roads) in a manner which: (1) leads to facility consolidation; (2) avoids duplication; (3) utilizes existing facilities; (4) minimizes impacts on fish, wildlife, habitat and sustenance activities of residents of Native communities; and (5) avoids disruption of the lives of residents of the Village of Kaktovik and other communities. Authorizes the Secretary to grant coastal plain rights-of-way and easements for pipeline construction and oil and gas transportation. States that the "Final Legislative Environmental Impact Statement" (April 1987) is adequate and legally sufficient for all activities related to coastal plain exploitation. Mandates that 50 percent of Federal revenues from the coastal plain be paid to the State of Alaska. Instructs the Secretary to convey: (1) the surface estate of specified lands to the Kaktovik Inupiat Corporation; and (2) the subsurface estate beneath surface estate to the Arctic Slope Regional Corporation. Establishes a Community Assistance Fund funded with the Federal share of coastal plain revenues to assist regions impacted by the activities under this Act. Establishes: (1) the National Endowment for Fish and Wildlife; and (2) the Fish and Wildlife Conservation Commission. (Sec. 9003) Directs the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Eklutna Purchasers). Authorizes appropriations to prepare or acquire the Snettisham and Eklutna assets for such sale and transfer. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under a certain statutory selection entitlement. Grants the State of Alaska one year within which to select lands authorized under this Act or any Purchase Agreement incorporated or ratified by it, notwithstanding expiration of such right under specified law. Sets a deadline by which the Secretary of Energy must: (1) complete the business of and close out the Alaska Power Administration (APA); (2) report to the Congress documenting such sale; and (3) return to the Treasury unobligated balances of funds appropriated for the (APA). Part 2: Helium Privatization - Helium Privatization Act of 1995 - Helium Privatization 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 and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. (Sec. 9013) 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. (Sec. 9014) 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. (Sec. 9015) Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. (Sec. 9017) Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines. (Sec. 9018) Directs the Secretary to convey to the Texas Plains Girl Scout Council for consideration of one dollar 331 acres in Potter County, Texas, reserving easements to the United States for pipeline rights-of-way. Subtitle B: Water and Power - Part 1: Power Marketing Administration - Power Administration Act - Directs the Secretary of Energy to: (1) sell the Southeastern Power Administration (SEPA); (2) retain a private sector firm to serve as financial and bid management advisor regarding such sale; (3) use specified amounts from unobligated balances to fund sale preparation costs; and (4) complete all sales between July 1, 1999, and September 30, 1999. (Sec. 9202) States that the SEPA purchasers should, if practical, attempt to offer to employ those former employees who are necessary for its continued operation. (Sec. 9203) Grants the Federal Energy Regulatory Commission FERC) jurisdiction over the rates, charges, and licenses established for the wholesale sale of electric power from such former SEPA. Exempts such newly privatized hydroelectric projects from specified environmental protection laws. Declares that any Federal power site reservation which exists on any lands, whether Federally or privately owned, that are included within the final project boundaries of a FERC-approved transferred hydroelectric project shall be vacated by operation of law upon issuance of a license for such project. (Sec. 9204) Amends the Energy and Water Development Appropriations Act of 1993 to repeal the proscription against using Federal funds to study "market rate" pricing of hydroelectric power (as opposed to current "at cost" pricing) by the Federal public power authorities. Directs the Secretaries of Energy and of the Interior to retain a private sector advisor with respect to selling all facilities and related appurtenances used to generate the electric power marketed by the Southwestern and Western Area Power Administrations. (Sec. 9205) Restructures the capital investment costs of the Bonneville Power Administration (BPA) in order to arrive at new principal amounts bearing interest rates at the Treasury rate for the old capital investment. Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to provide that payments made by the BPA Administrator to the tribes pursuant to a certain settlement agreement shall be a credit that reduces the Administrator's payments to the Treasury by specified amounts. Requires contract provisions governing the sale of BPA assets to reflect the restructured principal amounts and interest rates. Directs the Administrator to determine: (1) the effect that increases in electric power sales rates may have on the BPA customer base; and (2) the total prior costs incurred by BPA for compliance with the Endangered Species Act of 1973 and total anticipated future compliance costs. Part 2: Reclamation - Amends the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of a certain repayment contract between the United States and the Central Utah Water Conservancy District under terms similar to a certain supplemental contract that provided for the prepayment of the Jordan Aqueduct. Requires the District to exercise its right to prepayment by the end of FY 2002. (Sec. 9212) Treats the city of Folsom, California, as a Central Valley Project contractor for purposes of being considered eligible to be a transferee of Central Valley Project water earmarked for municipal and industrial purposes. (Sec. 9213) Sly Park Unit Conveyance Act - Instructs the Secretary to: (1) sell the Sly Park Unit (Sly Park Dam and Reservoir, Camp Creek Diversion Dan and Tunnel and conduits and canals) in California to the El Dorado Irrigation District for a specified price; (2) transfer and assign certain water rights to such District; (3) convey all Federal interest in the Sly Park Unit to the District. States that the Congress specifically finds that such sale and water rights conveyance are not subject to specified environmental protection laws. (Sec. 9214) Amends the Act of December 19, 1913 to revise guidelines governing funds pertaining to the Hetch Hetchy Dam. Subtitle C: National Parks, Forests, and Public Lands - Part 1: Concession Reform - Visitor Facilities and Services Enhancement Act of 1995 - Defines "Secretary concerned" for purposes of this Part as: (1) the Secretary of Interior with respect to the U.S. Fish and Wildlife Service, the National Park Service, the Bureau of Land Management, and the Bureau of Reclamation; (2) the Secretary of Agriculture with respect to the Forest Service; and (3) the Secretary of the Army with respect to the U.S. Army Corps of Engineers. (Sec. 9304) Authorizes the Secretary concerned, under specified conditions, to enter into: (1) a concessioner service agreement (agreement) and issue either a competitive or noncompetitive offering for concessioner services, facilities, or activities (requires a lease to be issued if the concessioner develops or uses fixed facilities on Federal lands); or (2) a license for concession services when the Secretary determines there is no need to limit the number of concessioners providing such services. Sets forth provisions requiring: (1) designation by the Secretaries concerned of a lead agency concerning concessions which conduct a single operation on lands or waters under multiple jurisdictions; (2) such lead agency to be that agency under whose jurisdiction the concessioner generates the greatest amount of gross receipts, unless otherwise agreed; and (3) such designated agency to issue one authorization and collect one fee under this Act for the operation. Exempts: (1) leases or licenses of entire areas to States or other political subdivisions; and (2) any third party agreement insured by such entities concerning such areas. (Sec. 9305) Requires the Secretary concerned to: (1) enter into and reissue an agreement with the person who submits the best proposal through a competitive process as defined in this Act; and (2) prepare a solicitation and prospectus which describes the concession service opportunity and publish announcements of the availability of such solicitation, prospectus, and opportunity in appropriate locations. Sets forth provisions regarding: (1) factors and minimum standards used to determine the best proposal; (2) the selection process; (3) the categorical exclusion provided by the National Environmental Policy Act of 1969 to temporary extensions and similar reissuance of agreements to provide concession services similar in nature and amount to concessions services provided under the previous authorization; and (4) modification of agreements. (Sec. 9306) Requires the Secretary concerned: (1) for the duration of an agreement, to develop a program of annual evaluations of the concessioners operating under the agreement who are providing visitor services in areas under the Secretary's jurisdiction; (2) to seek broad public input from concessioners, State agencies, and other interested persons in developing such program; and (3) to review the performance of each concessioner at least semiannually and to assign each concessioner an overall rating for each year. Authorizes the Secretary concerned to suspend, revoke, or terminate a concession authorization if a concessioner, after being notified that its performance is unsatisfactory, fails to correct the conditions identified as required. Sets forth provisions providing for performance incentives for incumbent concessioners and a renewal penalty for a concessioner whose annual performance is found to be unsatisfactory. (Sec. 9307) Limits concessioners to construction or financing of construction of public facilities on Federal lands that are to be used by the concessioner under the terms of its agreement or facilities necessary for the concessioner to administer such public facilities on Federal land. Provides that a concessioner required or authorized by an agreement to construct any structure, improvement, or fixture on Federal lands shall have an investment interest therein, to the extent provided by the agreement and this Part. Prohibits such investment interest from being extinguished by the expiration of the agreement. Allows the investment interest to be assigned, transferred, encumbered, or relinquished. Sets forth limitations on such interest. Requires the agreement to specify which new improvements, if any, shall become Government property upon its expiration. Bars a concessioner from obtaining an investment interest in any building which is wholly owned by the Government. Provides that the title to the land on which such structure, improvement, or fixture is placed shall be owned by the United States. Directs the Secretary concerned to: (1) require the new concessioner to buy the investment interest of the existing concessioner not selected as the best qualified applicant at the time of reissuance of an agreement; and (2) compensate the concessioner in an amount equal to the value of the concessioner's investment interest in facilities that are discontinued or closed by reason of the Secretary's decision. Sets forth a formula for determining the value of an investment interest of any capital improvement at the end of the agreement period. (Sec. 9308) Establishes a ten-year term for an agreement. Allows the Secretary concerned to issue such agreement for less than ten years but at least for five years if the Secretary determines that the average annual gross receipts over its life would be less than $100,000. Requires the Secretary to issue the agreement for longer than ten years if the Secretary determines that it is in the public interest or necessary due to the extent of investment and associated financing requirements and to meet the obligations assumed. Limits the term of an agreement to 30 years and the term of a concession license to two years. Allows the Secretary to agree to temporary extensions of agreements for up to two years on a noncompetitive basis to avoid interruption of services to the public. (Sec. 9309) Sets forth provisions regarding: (1) rates and charges (requires, for agreements only, rates and charges to the public to be set by the concessioner, subject to the concerned Secretary's approval only where the Secretary determines that sufficient competition for such facilities and services does not exist within or in close proximity to the area in which the concessioner operates); and (2) the transfer or assignment of such agreements, with the Secretary's approval. Prohibits the transfer of a concession license. (Sec. 9311) Requires the Secretary concerned to establish a fee for the privilege of providing concession services. Allows such fee to include: (1) an annual cash payment for the privilege of providing concession services; (2) the amount required for capital improvements required pursuant to this Act; (3) fees for rental or lease of Government-owned facilities or lands occupied by the concessioner; or (4) expenditures for maintenance of, or improvements to, such Government-owned facilities. Directs the Secretary concerned to establish a minimum fee for each of such components. Provides that the final fee shall be the amount bid by the selected applicant under the competitive selection process, with the exception that the Secretary concerned: (1) shall base the final fee for simultaneous authorizations for river runners, outfitters, or guide concession operations of substantially similar services in a specific geographic area on historical data, where available, as well as on industry- specific and other available market data; or (2) may establish a charge per user day. Sets forth provisions concerning: (1) adjustments of fees; and (2) a concession license fee (such fee shall at least cover the program's administrative costs and may not be changed over the term of the license). (Sec. 9312) Requires a concessioner to establish a concession improvement account if the agreement requires the individual to make capital improvements or occupy Government-owned facilities. Specifies provisions concerning such account with respect to: (1) terms and conditions; (2) disbursements; (3) records; (4) an annual financial statement; and (5) transfer of a remaining balance (upon the termination of a concession authorization or upon the transfer of an agreement). Requires the Secretary concerned to: (1) deposit up to a specified amount of receipts from concession services fees and the rental of Government-owned facilities for a fiscal year in the Treasury as miscellaneous receipts for the National Park Service for FY 1997 through 2002; (2) deposit receipts exceeding such specified amounts into concession improvement accounts to be distributed to each concessioner for expenditures on visitor services and facilities; and (3) develop a schedule of anticipated receipts to be deposited into the Treasury for other agencies covered under this Part and to submit such schedule to appropriate congressional committees within 18 months of this Act's enactment. Requires the Inspector General of the Department concerned, beginning with FY 1998, to biennially audit and report to specified congressional committees on such generated concession fees. (Sec. 9313) Requires the Board of Contract Appeals (Board) within each Department to adjudicate disputes between the Government and concessioners arising under this Part. Sets forth dispute procedures which: (1) permit agency decisions to be appealed to the Board after one level of administrative review; (2) demand an expedited procedure for consideration of appeals to suspend, revoke, or terminate a concession authorization; (3) allow a person to seek judicial review of decisions made by the Board; and (4) exclude the expiration of a concession authorization from appeal. Excludes disputes arising under this Part from the jurisdiction of the General Accounting Office to review bid protests under the Competition in Contracting Act of 1984. (Sec. 9314) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year of each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the concession authorization involved. (Sec. 9315) Provides that the following laws and regulations shall not apply to agreements and concession licenses under this Part: (1) Title III of the Federal Property and Administrative Services Act of 1949; (2) the Office of Federal Procurement Policy Act; (3) the Federal Acquisition Streamlining Act of 1994; (4) the Brooks Automatic Data Processing Act; (5) provisions of Federal law relating to U.S. armed forces general and miscellaneous procurement; (6) the Federal Acquisition Regulation (FAR) and any unspecified laws providing authority to promulgate regulations in FAR; (7) the Randolph-Sheppard Act; and (8) the Service Contract Act of 1965. Repeals the Concessions Policy Act of 1965 and provisions of Federal law concerning: (1) the use and occupation of national forest lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational, or public use; (2) the use of Forest Service appropriations for operation, repair, maintenance, and replacement of motor and other equipment; and (3) the rental of fire control equipment to non-Federal agencies. Provides that the provisions of this Part shall supersede the provisions of the following Acts as they pertain to concessions management: (1) the Federal Land Policy and Management Act of 1976; (2) the Refuge Recreation Act; and (3) the National Wildlife Refuge System Administration Act of 1966. Prohibits the Secretary of the Army from leasing lands, including structures or facilities thereon, at water resource development projects for commercial concessions purposes. Provides that: (1) the right of renewal explicitly provided for by any concession contract affected by the repealing, superseding, or amending of the provisions of an Act referred to in this Part shall be preserved for a single renewal of a contract following the enactment of this Part; (2) nothing in this Part shall be construed to change the value of existing capital improvements or possessory interests as identified in concession contracts entered into before this Act's enactment nor to amend, supersede, or otherwise effect any provision of the Alaska National Interest Lands Conservation Act relating to revenue-producing visitor services; and (3) no provision of this Part shall apply to any ski area permittee operating on lands administered by the Forest Service. Sets forth procedures for the reissuance of existing concessioner contracts which: (1) have expired before or within five years of this Act's enactment; and (2) are entered into before, and projected to terminate five years or more after, such enactment. Part 2: National Forest Ski Areas - Requires the Secretary of Agriculture, within five years after the enactment of this Part, to offer to sell at least 40 ski areas to the qualifying ski area operator. Provides that, for purposes of such sale, lands are qualifying concession lands if they are: (1) subject to a lease on this Act's enactment date for use as a ski area with improvements with a fair market value greater than $2,000,000; and (2) located either adjacent to the boundary of the Federal lands or adjacent to other significant private inholdings. Requires the Secretary to provide for an independent appraisal of the lands and interests to be transferred. Authorizes the Secretary to transfer, by sale or exchange, additional National Forest System lands for purposes of adding such lands to, and operating them as part of, such ski areas. Sets forth provisions for the use of proceeds generated through the sales. (Sec. 9322) Amends the National Forest Ski Area Permit Act of 1986 to require that the fee for all ski area permits on National Forest System lands be calculated, charged, and paid according to a specified formula. Provides that the terms of any existing ski area permit in effect on this Act's enactment that specify a different fee calculation method shall prevail unless the permit holder notifies the Forest Service that the individual agrees to adopt the specified formula. Requires the Forest Service to encourage such permit holder to consider adopting the new formula in order to reduce administrative costs. Sets forth provisions regarding: (1) minimum rental fees; (2) time for payment; (3) requirements for reports by the Secretary to specified congressional committees analyzing whether the ski area permit system legislated by this Act is returning fair market value rental to the United States, together with any recommendations the Secretary may have for modifications in the system; (4) transition of the new ski area permit fee; (5) applicability of the National Environmental Policy Act of 1969 to reissuance of ski area permits; and (6) withdrawal of ski areas from operation of mining laws. Part 3: Domestic Livestock Grazing - Sets forth applicable regulations for domestic livestock grazing on Bureau of Land Management and Forest Service lands. Establishes: (1) a basic grazing fee formula based upon the three-year average of the value of livestock production (exclusive of certain progeny) and the ten-year average of certain Treasury bill rates; and (2) a 15-year permit tenure. Exempts grazing activities in conformance with land use plans from further documentation required under the National Environmental Policy Act of 1969. Part 4: Regional Disposal Facility of Southwestern Low Level Radioactive Waste Disposal Compact - Provides for the transfer of specified Federal land in California (Ward Valley site) to the State of California for use as a low level radioactive waste disposal site. Subtitle D: Territories - Part 1: Commonwealth of the Northern Mariana Islands - Terminates certain annual grants to the Commonwealth of the Northern Mariana Islands. Part 2: Territorial Administrative Cessation Act - Territorial Administrative Cessation Act - Abolishes the Office of Territorial and International Affairs of the Department of the Interior. Subtitle E: Minerals - Part 1: Hardrock Mining - States that, unless specified patent transition procedures are met, patents will be issued upon payment of the fair market value of the Federal interest in the land, exclusive of, and without regard to: (1) the mineral interests it contains; or (2) its use for mineral activities. Subjects such patents to a Federal royalty. (Sec. 9503) Subjects the production and sale of locatable minerals from an unpatented mining claim to a royalty of 3 1/2 percent on the net proceeds. Cites royalty exclusions. States that the royalty obligation only accrues upon the sale of mining claim products, not upon their stockpiling for future processing. Defines net proceeds and gross yield for purposes of determining royalty obligations. Excludes from gross yield profits or losses incurred in connection with forward sales, futures or commodity options trading, or any other price hedging or speculative transaction. Delineates limitations and allocations of net proceeds, gross yield, and allowable costs. Requires the Secretary of the Interior to assess interest on unpaid royalties. Declares that the owner of a mining claim under this Act is not under an implied covenant to undertake activity as a result of the obligation to pay a royalty. Emphasizes that any such activity is in the sole discretion of the claim owner. (Sec. 9504) Amends specified Federal law to provide that all deposits of mineral materials, including block pumice, shall be subject only to the disposal guidelines of the Materials Act of 1947. Amends specified mining law to open lands with valuable mineral deposits to leasing by the Secretary, conditioned upon: (1) minimum royalty payments of two percent of the gross value of its output; and (2) payment of 25 cents per acre for the first year, 50 cents per acre through the fifth year, and one dollar thereafter. Credits such rental against royalties. Authorizes the Secretary to grant prospecting permits conferring the exclusive right to prospect for mineral materials in specified Federal lands. Entitles a permittee who has discovered valuable minerals to a lease at a royalty of at least two percent of the gross value of the output at the point of shipment to market. Amends Federal law regarding unpatented mining claims to reserve in the United States the right to manage and dispose of the mineral material surface resources prior to issuance of a mining claim patent. Repeals the Building Stone Act and the Saline Placer Act. Amends Federal mining law to authorize the Secretary to contract for the disposal of mineral materials. Restricts the maximum royalty for the gross value of the output of sodium compounds to five and one- half percent unless certain conditions are met. (Sec. 9505) Mandates an annual maintenance fee (including an initial maintenance, or location, fee), payable in advance, for each unpatented mining claim or site until a patent has been issued therefor. Exempts from such annual maintenance requirements owners who certify that Federal, State, or local governmental actions, including actions of an Indian tribal authority, have impeded access to their claims or sites. Sets forth an annual maintenance fee schedule ranging from $100 for the first three years to $500 after the fifteenth year. Identifies annual labor activities which may be credited dollar for dollar up to 75 percent of the annual maintenance fee payable. Permits excess annual labor expended over such percentage limitation to be applied to future maintenance fees. Provides that maintenance fee statements identifying the pertinent claim or site shall be in lieu of any Federal (but not State) annual mining filing requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Reduces the annual claim maintenance fee payments for unpatented mining claim or site by the amount of royalty paid for such site or for any contiguous claim or site. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. Repeals the $25 location fee requirements of the Omnibus Budget Reconciliation Act of 1993. Instructs the Secretary to periodically review departmental costs and the maintenance and location fee structure and report thereon to the Congress. Part 2: Federal Oil and Gas Royalties - Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to place primary liability for lease obligations upon either the person to whom the United States issues a lease, or the current owner of operating rights, but not both. Permits a lessee to designate a person to act on the lessee's behalf, subject to written notification of the Secretary. (Sec. 9513) Bars a judicial proceeding relating to an obligation that is not commenced within six years from the date on which the obligation falls due. Prescribes procedural guidelines for: (1) tolling of the period of limitations; (2) adjustments and refund; and (3) recordkeeping requirements. (Sec. 9516) Authorizes the Secretary to waive royalty interest. Requires the Secretary to pay or credit interest on overpayments of royalties, except on overpayments made solely to accrue such interest. Provides for payments of estimated royalties. Prescribes a general procedure for the volume allocation of oil and gas production. (Sec. 9517) Amends FOGRMA to proscribe assessments for late payment or underpayment. Restricts assessments to erroneous reports solely (but permits the imposition of penalties or interest for late payments or underpayment under other sections of such Act). (Sec. 9518) Prescribes guidelines under which a lessee may make prepayments in lieu of royalty payments for a marginal property which is not cost-effective for the Secretary to administer. Instructs the Secretary to provide accounting, reporting, and auditing relief that will encourage lessees to continue to produce and develop such properties. (Sec. 9519) Amends the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping requirements. Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public for no more than its regulated price, or, if no regulated price applies, not less than fair market value). (Sec. 9520) Amends FOGRMA to instruct the Secretary to streamline and simplify current royalty management requirements, including reporting, instruction, audits and collections. (Sec. 9521) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties. Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments. (Sec. 9522) Revises the Secretary's authority to delegate to the States all authority and responsibility to conduct audits, inspections and production and royalty accounting duties with respect to all Federal lands within their borders. Includes production and royalty accounting duties and responsibilities among such delegable authorities. Repeals the requirement that the Secretary receive permission from the Indian tribe allottee involved before undertaking such a delegation with respect to any Indian lands. Authorizes a State to request the Secretary to sell the revenue stream from certain Federal leases on marginal properties. (Sec. 9523) Amends FOGRMA to replace the knowing and willful standard for certain violations which incur a civil penalty to a standard of willful misconduct or gross negligence (a higher more difficult standard of proof). (Sec. 9524) Excludes Indian lands and privately owned minerals from the purview of this Act. Subtitle F: Indian Gaming and Health - Part 1: Indian Gaming - Amends the Indian Gaming Regulatory Act to increase fee-based funding for the National Indian Gaming Commission from class II gaming activities. Prohibits authorization of appropriations for Commission operations. Part 2: Indian Health: Medicaid - Amends the Indian Health Care Improvement Act with regard to the Medicaid program to: (1) clarify the inclusion of Indian tribes and organizations for current payment and reimbursement provisions; and (2) provide for their inclusion as well as that of any currently eligible individual Indian in any subsequent program. Part 3: Indian Health: Medicare - Amends the Indian Health Care Improvement Act to make similar amendments with regard to the Medicare program. Subtitle G: Consultation - Amends the Endangered Species Act of 1973 to state that the limitation of resources commitment between a Federal agency and a permit or license applicant shall only apply to site-specific projects or activities. Subtitle H: Mapping - Department of the Interior Surveying and Mapping Efficiency and Economic Opportunity Act of 1995 - Directs the Secretary to conduct a surveying and mapping contracting program. Provides for: (1) a published survey of Department of the Interior mapping and surveying activities; and (2) increased use of private services. Subtitle I: National Park System Reform - National Park System Reform Act of 1995 - Part 1: National Park System Plan - Directs the Secretary to prepare a National Park System (System) Plan to guide the direction of the System into the next century. Provides for: (1) a System management review; (2) the establishment of a related National Park System Review Commission; and (3) a report on procedures taken to ensure the safety of National Park Service employees. Authorizes appropriations. Part 2: New Area Establishment - Removes certain reporting requirements concerning additional System areas. Directs the Secretary to annually submit to the appropriate congressional committees a study of proposed new System areas. Title X: Committee on Transportation and Infrastructure - Subtitle A: Water Resources - Prohibits the Secretary of the Army from modifying any concession service agreement, concession license, or similar instrument except to the extent permitted under law before enactment of this Act. (Sec. 10002) Prohibits the sale of any project or project feature operated by the Corps of Engineers, including any dam, lock, reservoir, related transmission and generation structures, equipment, facilities, and real property. Requires the Secretary of the Army to cooperate with a non-Federal purchaser of electric power generated at any project under the jurisdiction of the Secretary to facilitate the purchaser's access to, operation of, and maintenance, repair, rehabilitation, and replacement of hydroelectric power facilities at such project. (Sec. 10003) Authorizes the Director of the Federal Emergency Management Agency (FEMA) to assess and collect fees from persons subject to radiological emergency preparedness regulations. Terminates such assessment authority on September 30, 2002. Subtitle B: Ocean Shipping Reform - Ocean Shipping Reform Act of 1995 - Amends the Shipping Act of 1984 to include as one of its purposes the granting of authority to carriers and shippers to develop transportation arrangements to meet their specific needs. (Sec. 10212) Redefines the term "conference," with respect to an association of ocean carriers permitted, pursuant to an approved agreement, to engage in concerted activity, to change "common tariff," which they all utilize, to "common schedule of transportation rates, charges, classifications, rules, and practices." Defines ocean freight forwarder and shippers' association. (Sec. 10213) Revises the scope of the Shipping Act of 1984, with respect to certain agreements by or among ocean common carriers, to: (1) substitute "ocean freight forwarders" for "non-vessel-operating common carriers" in exclusive, preferential, or cooperative working arrangements with ocean common carriers covered by the Act; and (2) cover agreements that discuss any matter related to ocean transportation contracts, and enter ocean transportation contracts and agreements related to those contracts. Repeals coverage of agreements to regulate or prohibit the use of service contracts. (Sec. 10214) Revises provisions relating to independent actions on certain matters by members of a shipping conference agreement. (Sec. 10216) Amends the High Seas Driftnet Fisheries Enforcement Act to repeal the automated tariff filing and information system provisions of such Act. Amends the Shipping Act of 1984 to revise provisions relating to: (1) schedules of transportation rates, terms, and conditions of common carriers and conferences for transportation services not governed by an ocean transportation contract; (2) ocean transportation contracts between one or more common carriers and a conference and one or more shippers; and (3) prohibited acts by persons or common carriers with respect to the provision of ocean transportation services. (Sec. 10219) Revises provisions for actions that the Federal Maritime Commission (FMC) may take against foreign carriers whose practices in a foreign country result in conditions that adversely affect U.S. carriers in the oceanborne trade, and do not exist for foreign carriers of that country in the United States. (Sec. 10220) Authorizes the Secretary of Transportation to request the Secretary of the Treasury to refuse or revoke any clearance required for a common carrier vessel if such carrier fails to supply certain information in a FMC investigation or adjudicatory proceeding. (Sec. 10224) Revises certain license and bond requirements with respect to ocean freight forwarders. (Sec. 10227) Requires marine terminal operators to make available to the public any schedules of rates, regulations, and practices, including limitations of liability, pertaining to receiving, delivering, handling, or storing property at its marine terminal. (Sec. 10231) Revises provisions concerning the unjustness and unreasonableness of controlled carrier rates. Declares that the rate standards, information submissions, remedies, reviews, and penalties under the Shipping Act of 1984 shall apply to ocean common carriers that are not controlled, but which have been determined by the Secretary of Transportation to be structurally or financially affiliated with nontransportation entities or organizations (government or private) in such a way as to affect their pricing or marketplace behavior in an unfair, predatory, or anticompetitive way that disadvantages them. Requires the Secretary to prescribe regulations that would govern how price and other information is to be submitted by controlled and non-controlled carriers when such information would be needed to determine whether prices charged by them are unfair, predatory, or anticompetitive. (Sec. 10232) Directs the Secretary to develop, and submit to the Congress, a negotiation strategy to persuade foreign governments to divest themselves of ownership and control of ocean common carriers. (Sec. 10233) Requires the Secretary to submit to the Congress an annual report on: (1) actions taken under the Foreign Shipping Practices Act and certain sections of the Shipping Act of 1984 and this Act; and (2) the effect on U.S. maritime employment of laws, rules, regulations, policies, or practices of foreign governments, or any practices of foreign carriers or other persons providing maritime services in a foreign country that result in the existence of conditions that adversely affect the operations of U.S. carriers in U.S. oceanborne trade. (Sec. 10241) Requires the Director of the Office of Management and Budget to submit to the Congress a plan to eliminate the FMC no later than October 1, 1997. Authorizes appropriations. Subtitle C: Midewin National Tallgrass Prairie - Chapter 1: General Provisions - Entitles this subtitle the Illinois Land Conservation Act of 1995 (the Act, for purposes of this subtitle). Chapter 2: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie - Ratifies the proposals generally identified by the land use plan approved by the Joliet Arsenal Citizen Planning Commission on May 30, 1995. Transfers the portion of land from the Joliet Arsenal constituting the Midewin National Tallgrass Prairie to the Secretary of Agriculture. Provides that the Secretary of the Army and the Secretary of Agriculture shall both maintain security for designated portions of the Area. (Sec. 10312) Directs the Secretary of the Army to: (1) transfer the designated portions of Arsenal land to the Secretary of Agriculture within six months of the Act's enactment; and (2) retain jurisdiction over any real property at the Arsenal which may be used for actions required under any environmental law to remediate contamination or conditions of noncompliance. (Sec. 10313) States that any liability or responsibility of the Secretary of the Army under environmental laws shall not transfer with the transfer of Arsenal property. Orders any Federal department or agency with hazardous materials at the Arsenal to pay for the cost of cleanup. (Sec. 10314) Directs the Secretary of Agriculture to establish the Prairie on the date of transfer of portions of the Arsenal to be managed for National Forest Service purposes. Authorizes the Secretary of Agriculture to cooperate with appropriate Federal, State, and local governments, private organizations, and corporations in the management of the Prairie. (Sec. 10315) Prohibits the construction of roads through the Prairie. Specifies terms and conditions for special use authorizations for agricultural purposes. Authorizes the Secretary of Agriculture to charge user fees and to waive such fees for certain individuals. (Sec. 10316) Provides special disposal rules for certain land parcels at the Arsenal. Chapter 3: Other Real Property Disposals Involving Joliet Army Ammunition Plant - Directs the Secretary of the Army to transfer certain land parcels at the Arsenal to the Secretary of Veterans Affairs for use as a national cemetery. (Sec. 10322) Directs the Secretary of the Army to transfer a portion of the Arsenal to Will County, Illinois, for use as a landfill. Permits the United States to maintain a reversionary interest in the property for a five-year period, to be exercised if the County fails to meet the transfer conditions. (Sec. 10323) Directs the Secretary of the Army to transfer a portion of land at the Arsenal to the State of Illinois for economic redevelopment purposes. Conditions the receipt of the land upon the Illinois Governor establishing a redevelopment authority to oversee the economic development. Permits the United States to retain a 20- year reversionary interest in such land. Chapter 4: Miscellaneous Provisions - Provides that this subtitle does not alter any requirements to be carried out in compliance with existing environmental laws. Subtitle D: Miscellaneous Provisions - Extends through FY 2002 the current tonnage duties imposed upon foreign vessels entering into U.S. ports. (Sec. 10402) Directs the Administrator of General Services to: (1) sell all U.S. rights and interest to the land and related improvements at Governors Island, New York; (2) sell the air rights to the land adjacent to Union Station in Washington, D.C.; and (3) issue regulations requiring each executive agency to collect fees for the use of all parking facilities provided for such agency at Federal expense. Subtitle E: Economic Development Administration and Appalachian Regional Commission - Economic Development Partnership Act of 1995 - Chapter 1: Transfer of Functions of Economic Development Administration - Amends the Public Works and Economic Development Act of 1965 (the Act, for purposes of this subtitle) to provide congressional findings concerning the need for Federal assistance to economically distressed areas. Establishes an independent Economic Development Commission (EDC), to be headed by a Federal Cochairman. Directs the Federal Cochairman to establish in each of eight geographic regions of the United States an Economic Development Regional Commission (EDRC). Provides for: (1) necessary EDRC administrative powers; and (2) the establishment of the regions. Authorizes each EDRC to: (1) make direct grants for the acquisition or development of land and improvements for public works, public services, or development facility usage, as well as related activities; and (2) make supplementary grants to enable States and other entities to take maximum advantage of designated Federal grant- in-aid programs for which they are eligible but for which they cannot supply the required matching share due to their economic situation. Provides supplementary grant requirements, with exceptions. Requires each EDRC, in determining the amount available to any project, to consider the relative needs of the area and the nature of the project to be assisted. Directs the Federal Cochairman to prescribe appropriate rules and regulations, including those to assure that appropriate local governmental authorities are given a reasonable opportunity to review and comment on proposed projects. Authorizes an EDRC to make direct grants to any eligible recipient in an area which the EDRC determines has: (1) experienced or is about to experience an expected rise in unemployment or other economic adjustment problems; or (2) demonstrated long-term economic deterioration. Provides grant fund uses. Authorizes an EDRC to make such assistance available when an economic need is created due to the closure or realignment of a military installation, either at the installation or in adversely affected surrounding communities. Requires an annual report from grant recipients to its EDRC. Authorizes the sale of financial instruments in revolving loan funds to accomplish the purposes of this subtitle, requiring appropriate public review and comment. Authorizes an EDRC, under specified procedures and terms, to provide technical assistance to alleviate or prevent conditions of excessive unemployment or underemployment in areas which the EDRC finds have substantial need for such assistance. Authorizes an EDRC to: (1) furnish Federal procurement departments with a list of business firms located in distressed areas; and (2) make annual economic development planning grants to development districts. Defines eligible grant recipients and areas, with specified certification requirements. Authorizes an EDRC to provide assistance under the Act only if the applicant submits, and the EDRC approves, an investment strategy which identifies the economic development problems to be addressed, as well as related information. Authorizes an EDRC to designate appropriate economic development districts and economic development centers within such districts, under specified criteria. Requires the EDC to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments, and to help applicants for such assistance. Provides a preference for current Economic Development Administration (EDA) employees in considering employment applications at the EDC or an EDRC. Provides miscellaneous powers and duties of the Federal Cochairman in carrying out the Act. Requires an annual operations report to the Congress. Provides penalties for those persons: (1) making false statements in order to obtain assistance under the Act; and (2) who embezzle or commit other fraud-related crimes while connected in any capacity with the Federal Cochairman or an EDRC in the administration of the Act. Provides conflict-of-interest provisions. Provides recordkeeping requirements of the Federal Cochairman and each recipient of assistance under the Act. States that all financial assistance provided under the Act is in addition to, and shall not be construed to reduce or diminish, any other Federal assistance available to a State or other eligible entity. Authorizes appropriations for FY 1996 through 2000. Authorizes additional appropriations for defense conversion activities. Chapter 2: Appalachian Regional Development - Amends the Appalachian Regional Development Act of 1965 (the Act, for purposes of this chapter) to: (1) provide 1995 findings and purposes for the Act; (2) require the Appalachian Regional Commission (ARC) to meet at least once a year and allow the ARC to conduct additional meetings by electronic means; (3) require the ARC to obtain a quorum of State members before reaching certain decisions; (4) authorize appropriations for FY 1996 through 2000 for administrative expenses and expenses of the Federal Cochairman and staff; (5) extend through FY 2000 the authority to enter into contracts and leases under the Act; (6) extend through FY 2000 the authorization of appropriations for the Appalachian development highway system; and (7) reduce from 100 to 50 percent of program costs the Federal share of demonstration health projects in the Appalachian region under the Act, with an exception of 80 percent of such costs for counties designated as distressed. (Sec. 10526) Repeals the following programs and provisions under the Act: (1) the land stabilization, conservation, and erosion control program; (2) the timber development program; (3) the mining area restoration program; (4) the water resources development and utilization survey; (5) the Appalachian airport safety improvements program; (6) the sewage treatment works program; and (7) amendments to the Housing Act of 1954. (Sec. 10531) Reduces from 100 to 50 percent of program costs the Federal share of grants and loans to finance low and moderate income housing construction, with an exception of 80 percent in counties designated as distressed. Makes an identical Federal share cost reduction with respect to vocational education and education demonstration projects. (Sec. 10536) Limits ARC funding for supplements to other Federal grant-in-aid programs to 50 percent of project costs (with an 80- percent distressed county exception). Makes ineligible for such funding Appalachian development highway system projects. (Sec. 10537) Adds specified criteria and measurements to be considered when determining programs and projects to be given assistance under the Act. (Sec. 10538) Directs the ARC to designate as: (1) distressed those counties that are the most severely and persistently distressed and underdeveloped; and (2) economically competitive those counties which have attained substantial economic parity with the rest of the country. Prohibits assistance under the Act for a county designated as economically competitive (with exceptions). (Sec. 10539) Empowers the ARC (currently, the President) to make grants for administrative expenses and ARC research and development projects under the Act. Reduces from 75 to 50 percent of program costs the Federal share of such projects, with an exception of 80 percent for counties designated as distressed. Repeals provisions concerning such projects which: (1) require certain ARC studies and reports; (2) authorize appropriations through June 30, 1969; and (3) ensure public availability of all information obtained from such projects. (Sec. 10540) Extends through FY 2000 the authorization of appropriations and termination date under the Act. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Extension of Temporary Authorities - Extends through FY 2002: (1) the 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 (Department, for purposes of this title); (2) the authority for collection of a $2 copayment from veterans earning above a minimum income level for prescription medication furnished for outpatient treatment of a non-service- connected condition; (3) certain Department veterans' medical care cost recovery authority; (4) the authority under Federal veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs-based benefits; (5) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and surviving spouses who have no dependents and who are in Medicaid-participating nursing homes; (6) the authority of the Secretary of Veterans Affairs to charge and collect a home loan fee for housing loans which are guaranteed by the Department; and (7) the procedures applicable upon the default of such guaranteed loans. Subtitle B: Other Matters - Increases from $2 to $3 the prescription drug copayment required from certain veterans. Terminates the authority of the Secretary to waive such copayments or the collection of any indebtedness for failure to make such copayments. (Sec. 11022) Directs the Secretary, as of December 1, 1995, to round out to the next lower whole dollar any cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates. Prohibits any such rates from being increased during FY 1997 through 2002 by a percentage which is more than the percentage increase for benefits under title II (Old age, survivors and disability insurance) of the Social Security Act. (Sec. 11023) 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. 11024) 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. 11025) 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 and an opportunity to seek a waiver, or challenge the validity, of such debt before collection. 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 for such care and services are provided in advance in appropriations Acts; (2) provide full eligibility for both hospital and outpatient care for service-disabled veterans, low-income veterans, former prisoners of war, and veterans of World War I; and (3) provide such eligibility for veterans who were exposed to a toxic substance, radiation, or environmental hazard during the performance of duty. (Sec. 11032) Extends through December 31, 1998, the authority to provide priority hospital care and medical services for certain Persian Gulf 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 to enrollees 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 the specialized needs of certain disabled veterans, while not reducing its current capacity to provide services to other veterans. (Sec. 11035) Amends the Veterans Health Care Act of 1992 to repeal a provision which terminates the authority of the Secretary to enter into health care resource sharing agreements with the Department of Defense on October 1, 1996. Entitles the United 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 to include all health care resources and to allow health care providers, plans, or 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 limitations all positions held by persons involved in providing health-care resources under sharing agreements. Title XII: Committee on Ways and Means - Trade - Subtitle A: Technical Corrections and Miscellaneous Trade Provisions - Amends the Tariff Act of 1930 to require that interest on claims be accrued from the date of the claim for the reliquidation (refund) of excess duties paid on entries of North American Free Trade (NAFTA) products. (Sec. 12002) Amends Federal customs law to repeal the requirement that certain vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits. Requires the Secretary of the Treasury to enter into contracts with collection services to recoup expenses associated with recovering indebtedness owed to the Government under the customs laws. (Sec. 12003) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require certain customs fees charged against merchandise imported from a foreign trade zone to be applied only to the value of the privileged or nonprivileged part of such merchandise. Declares that the similar application of such customs fees to imported U.S. agricultural products processed and packed in a foreign trade zone shall be effective to entries made on or after certain dates. (Sec. 12005) Amends the Caribbean Basin Economic Recovery Act and the Andean Trade Preference Act to declare that duty reductions for certain leather-related products shall not apply to textile and apparel articles subject to textile agreements. (Sec. 12007) Amends the Tariff Act of 1930 to authorize the United States Customs Service to extend the time for filing a drawback (refund) claim for duties for up to 18 months (one year if a major disaster occurs) if certain conditions are met. (Sec. 12008) Directs the Customs Service to provide for the liquidation or reliquidation (refund) of certain entries made at New York, New York, in accordance with the results of an administrative review, during the period from May 1, 1984, through March 31, 1985, by the International Trade Administration of the Department of Commerce (case number A-580-008). (Sec. 12009) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through February 1, 1999, of the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1988 Goodwill Games. (Sec. 12012) Provides for the electronic transmission of data to the U.S. Customs Service with respect to the duty-free treatment of imported civil aircraft parts pursuant to the Agreement on Trade in Civil Aircraft. (Sec. 12013) Amends the Customs and Trade Act of 1990 to extend, through December 31, 1994, the temporary exemption from duty of the cost of certain foreign repairs made to U.S. vessels. (Sec. 12014) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise the prohibition against the charging of fees for certain customs services to include services provided in connection with the arrival of any passenger on board a commercial vessel traveling only between ports which are within the customs territory of the United States. Declares that such exemption shall not apply in the case of the arrival of any passenger on board a commercial vessel whose journey originates and terminates at the same place in the United States if there are no intervening stops. Requires that passengers on commercial vessels making a single voyage involving two or more U.S. ports be charged a fee only once. (Sec. 12016) Amends the Tariff Act of 1930 to provide that certain marking requirements with respect to imported articles and containers shall not apply to: (1) certain metal forgings and hand tools made from such forgings; (2) certain coffee and tea products; and (3) spice products. (Sec. 12017) Directs the Secretary of the Treasury to liquidate or reliquidate as duty-free a certain entry of warp knitting machines. Requires a refund of duties and interest paid with respect to such entry. (Sec. 12018) Amends the Trade Act of 1974 to require the United States Trade Representative to identify trade liberalization priorities annually from calendar years 1996 through 2000. Subtitle B: Generalized System of Preferences - GSP Renewal Act of 1995 - Amends the Trade Act of 1974 with respect to the Generalized System of Preferences (GSP). Authorizes the President to designate a country as a least-developed beneficiary developing country for extension of trade preferences under the GSP. (Sec. 12102) Makes Austria, Finland, and Sweden eligible for designation as a beneficiary developing country. Declares that, for purposes of designating a beneficiary developing country, a country may be found to not provide protection of intellectual property rights, notwithstanding the fact that it may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the Uruguay Round Agreements Act. Authorizes the President to withdraw or suspend duty-free treatment for the products of a country based on consideration of specified factors and comments received from the public. Requires the President to: (1) withdraw or suspend the designation of a country as a beneficiary developing country if it is determined that changed circumstances would bar its designation as a beneficiary developing country; and (2) terminate the designation of a country as a beneficiary developing country if he or she determines that such country has become a "high income" country. Requires the President to notify the Congress before designating or terminating a country as a beneficiary developing country. Revises requirements for the designation of articles as eligible for preferential treatment. Authorizes the President to designate additional articles as eligible articles for countries designated as least-developed beneficiary developing countries if, after receiving advice from the International Trade Commission, it is determined that such articles are not import-sensitive. Prohibits an article that has been denied designation as an eligible article from being reconsidered for such designation for a three year period. Prohibits, with respect to the President's withdrawing, suspending, or limiting the duty-free treatment of an eligible article, the establishment of a duty rate for such article other than the rate which would apply but for this Act. Requires the President to terminate the duty-free treatment for an article from a beneficiary developing country (except least-developed beneficiary developing countries) whenever it is determined that such country has exported, directly or indirectly, to the United States during any calendar year a quantity of an eligible article: (1) having an appraised value in excess of $75 million (increased by $5 million on January 1 each calendar year after 1995); or (2) equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during the calendar year. Authorizes waiver of such competitive need limitation in the national economic interest if any U.S. industry is unlikely to be adversely affected by it. Prohibits any action under this Act from affecting any tariff duty imposed by the Legislature of Puerto Rico under the Tariff Act of 1930 on coffee imported into Puerto Rico. Requires the President to report to the Congress on: (1) the operation of this Act; and (2) the status of internationally recognized worker rights within each beneficiary developing country. (Sec. 12103) Directs the Secretary of the Treasury to liquidate or reliquidate and refund any duties that were paid on any entry: (1) of any article to which duty-free treatment under the GSP of the Trade Act of 1974 would have applied if such entry had been made on July 31, 1995; and (2) that was made after July 31, 1995, and before enactment of this Act. Requires buffalo leather from Thailand that is entered into the United States under certain entry numbers to be liquidated or reliquidated as if entered on June 30, 1995. Subtitle C: Trade Adjustment Assistance - Amends the Trade Act of 1974 to revise worker training requirements with respect to the payment of trade adjustment assistance to adversely affected workers. Repeals limitations on additional payments of trade readjustment allowances to workers during training periods. (Sec. 12201) Repeals the authority for relocation allowances to adversely affected workers. Extends through FY 2000: (1) the trade adjustment assistance program; and (2) authorization of appropriations for such program. Title XIII: Committee on Ways and Means - Revenue Reconciliation - Revenue Reconciliation Act of 1995 - Subtitle A: Extension of Expiring Provisions, Etc. - Part I: Extensions Through December 31, 1997 - Amends the Internal Revenue Code to extend through December 31, 1997, the: (1) targeted jobs credit; (2) exclusion from gross income of an employee of employer provided educational assistance; (3) credit for increasing research activities; (4) special rule concerning charitable contributions of stock for which market quotations are readily available; and (5) credit for the clinical testing expenses of certain drugs for rare diseases or conditions. Makes additional revisions to provisions concerning the subjects of clauses one, two, and three. Part II: Permanent Extension of FUTA Exemption for Alien Agricultural Workers - Extends permanently the Federal Unemployment Tax Act exemption for alien agricultural workers. Part III: Commercial Aviation Fuel - Delays for two years, until September 30, 1997, the scheduled increase in the tax on fuel used in commercial aviation. Imposes a floor stocks tax, subject to stated exceptions, on such fuel held on October 1, 1997. Requires a study of the Federal excise tax burden on each of the various modes of transportation. Part IV: Extension of Airport and Airway Trust Fund Excise Taxes - Extends until September 30, 1996, the current Airport and Airway Trust Fund excise taxes. Subtitle B: Medical Savings Accounts - Permits a deduction for both itemizers and nonitemizers of up to the lesser of $2,500 (for an individual) or the deductible under a catastrophic health plan for amounts paid into a medical savings account. Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 - Part 1: Taxpayer Advocate - Establishes in the Internal Revenue Service the Office of the Taxpayer Advocate which shall assist taxpayers in resolving problems with the IRS. Part II: Modifications to Installment Agreement Provisions - Requires that a taxpayer be given 30 days notice and an explanation of the reasons for modifying or terminating an installment agreement. Directs the Secretary of the Treasury to establish procedures for the independent review, for taxpayers requesting such a review, of such terminations. Part III: Abatement of Interest and Penalties - Expands the authority of the IRS to abate assessments of interest to include delays caused by a managerial act or an unreasonable error. Grants the Tax Court jurisdiction to determine if the failure of the IRS to abate interest was an abuse of discretion. Part IV: Joint Returns - Directs the Secretary to conduct specified studies of joint return-related issues. Part V: Collection Activities - Permits the Secretary to withdraw a notice of a lien if: (1) the notice was premature; (2) the taxpayer agrees to pay in installments; (3) withdrawal will facilitate collection; or (4) the withdrawal would be in the best interests of the United States. Increases from $1,650 to $2,500 the amount of personal property that is exempt from levy. Increases from $500 to $100,000 the offers-in-compromise amount for which a written opinion is required from the Office of Chief Counsel. Part VI: Information Returns - Permits an individual who has had an information return which was fraudulently filed in his or her name by another to bring a civil action against such other person. Part VII: Awarding of Costs and Certain Fees - Places the burden of proof on the IRS to establish that it was substantially justified in charging a taxpayer with a deficiency. Raises the amount of attorney's fees recoverable per hour by the prevailing party. Part VIII: Modification to Recovery of Civil Damages for Unauthorized Collection Actions - Increases the limit from $100,000 to $1,000,000 on the recovery available for unauthorized IRS collection activities. Part IX: Modifications to Penalty for Failure to Collect and Pay Over Tax - Requires the IRS to issue a notice in writing, with respect to the failure to collect and pay an over tax, to a taxpayer at least 60 days in advance of any demand for a penalty. Requires the IRS, where there is more than one responsible party subject to such penalty, to disclose the name, to one responsible party, of any other responsible party. Exempts volunteer members of tax-exempt organizations from penalty for failure to collect and pay over tax. Part X: Modifications of Rules Relating to Summonses - Includes any enrolled agent as a third-party recordkeeper with respect to the special procedures for the issuance of summonses. Part XI: Relief from Retroactive Application of Treasury Department Regulations - Provides generally, with exceptions, that no temporary, proposed, or final regulation to the tax code shall apply before its publication in the Federal Register or the date on which any notice substantially describing the expected contents of any such regulation is issued to the public. Part XII: Miscellaneous Provisions - Requires a report on a pilot program for appeal of enforcement actions. Amends the Anti-Drug Abuse Act of 1998, as well as the Internal Revenue Code, to extend for five years the authority for certain undercover operations. Allows a credit of up to $6,000 for qualified expenses in connection with an audit under the Tax Compliance Measurement Program. Subtitle D: Additional Technical Corrections - Makes corrections to the following Acts: (1) the Technical and Miscellaneous Revenue Act of 1988; (2) the Tax Reform Act of 1986; (3) the Revenue reconciliation Act of 1990; (4) the Deficit reduction act of 1984. Sets forth rules concerning the treatment of certain veterans' reemployment rights for veterans who return to civilian service following military service. Subtitle E: Tax Information Sharing - Extends the authority to disclose certain return information to the Department of Veterans Affairs. Subtitle F: Revenue Increases - Part I: Provisions Relating to Businesses - Provides, with respect to a corporate shareholder's basis in stock reduced by the nontaxed portion of extraordinary dividends, that if the nontaxed portion of such dividend 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. Requires the organizer of a corporate tax shelter to register the shelter. Sets forth penalties for failure to file. Prohibits a deduction for interest paid on life insurance policies or annuities which cover a company officer or employee. Repeals the Puerto Rico and possessions tax credit for years beginning after December 31, 1995. Revises provisions concerning: (1) the income forecast method of determining depreciation deductions; and (2) transfers of excess pension assets to retiree health accounts. Part II: Legal Reforms - Specifies that the exclusion from income of damages for personal injuries or sickness does not include punitive damages. Part III: Treatment of Individuals Who Lose United States Citizenship - Revises provisions concerning expatriation to avoid taxes, including the following changes: (1) applies the provisions to certain long-term residents; (2) permits the Secretary to expand the ten year taxation period to fifteen years; (3) increases the categories of income treated as U.S. source income; (4) giving credit for foreign taxes imposed on U.S. source income; and (4) requiring the filing of certain information by expatriates. Revises the comparable estate and gift tax provisions. Part IV: Reforms Relating to Energy Provisions - Requires wind and closed-loop biomass energy facilities to be placed in service before September 14, 1995, in order to receive a tax credit. Denies a credit for alcohol used to produce ether. Limits the alcohol that is eligible for credit for alcohol used as fuel. Revises provisions concerning energy conservation subsidies provided by public utilities. Part V: Reforms Relating to Nonrecognition Provisions - Revises provisions concerning the involuntary conversion of property into either similar property or money. Prohibits the nonrecognition of gain on the sale of a principal residence: (1) which is attributable to depreciation adjustments; or (2) unless the replacement property is located in the U.S. Part VI: Reforms Relating to Gambling Activities - Subjects to the tax on unrelated business income of charitable organizations income earned by an Indian tribe as a result of any class II or III gaming activity. Requires withholding from winnings of $5,000 or more from bingo or keno. Part VII: Other Reforms - Terminates the low-income housing credit after December 31, 1997. Repeals the: (1) credit for contributions to a community development corporation; (2) credit for purchasers of diesel-powered automobiles and light trucks; and (3) the provision which provides for the exclusion from income of rent from the rental of a vacation home for less than 15 days. Permits any qualified student loan funding corporation to end its status as a qualified scholarship funding corporation. Permits the interest on such a corporation's bond to remain tax-exempt if specified conditions are met. Part VIII: Excise Tax on Amounts of Private Excess Benefits - Imposes a 25 percent tax (which shall be paid by the disqualified person) on any transaction from which an economic benefit is provided by a tax-exempt organization directly or indirectly to a disqualified person, if the value of the benefit provided exceeds the value of the consideration. Sets forth additional reporting requirements for 501(c)(3) organizations. Requires an exempt organization to make available a copy of its return. Requires any solicitation of an organization that refers to itself as nonprofit, when it is not exempt from tax, to contain an express statement that it is not exempt from tax. Imposes a penalty for failure to disclose. Subtitle G: Reform of the Earned Income Tax Credit - Repeals the earned income credit for individuals without children. Increases the phaseout rates. Includes in adjusted gross income the following nontaxable items, not previously included, for purposes of determining eligibility for the credit: (1) pension, annuity, and individual retirement plan income; and (2) social security benefits. Denies the credit to individuals not authorized to be in the U.S. Subtitle H: Increase in Public Debt Limit - Increases the statutory limit on the public debt. Subtitle I: Coal Industry Retiree Health Equity - Repeals the reachback provisions of the coal industry's health benefit system. Title XIV: Committee on Ways and Means - Tax Simplification - Tax Simplification Act of 1995 - Subtitle A: Provisions Relating to Individuals - Part I: Provisions Relating to Rollover of Gain on Sale of Principal Residence - Allows gain to be rolled over from one residence to another in the order the residences are purchased and used, regardless of reasons for the sale of the old residence. Sets forth a two-year residence rule for taxpayers who sell a residence pursuant to a divorce or marital separation for purposes of determining the rollover of gain on the sale of a principal residence. Part II: Other Provisions - Permits the payment of taxes by any commercially acceptable means deemed appropriate by the Secretary. Establishes a foreign tax credit limitation for individuals whose gross income is from sources outside the United States, consists entirely of qualified passive income, and the amount of creditable foreign taxes does not exceed $200. Excludes certain personal transactions from foreign currency rules. Provides that the amount allowed as a deduction to rural mail carriers for the business expense of a vehicle shall be equal to qualified reimbursements. Amends the Technical and Miscellaneous Revenue Act of 1988 to repeal the rule on the business use of automobiles by rural mail carriers. Limits the exclusion of combat pay from withholding to the amount excludable from gross income. Subtitle B: Pension Simplification - Part I: Simplified Distribution Rules - Repeals: (1) the $5,000 the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions. Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. Part II: Increased Access to Pension Plans - Modifies certain simplified employee pensions with respect to allowable participants and participation requirements. Allows local governments and tax-exempt organizations to maintain cash or deferred arrangements. Part III: Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner or who has compensation from the employer in excess of $80,000. Repeals the family aggregation rules. Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. Modifies the present nondiscrimination test applicable to simplified employee pension plans to provide that the average deferral percentage for nonhighly compensated employees for the preceding year is to be used. Part IV: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Establishes a contribution limit for owner-employees of retirement plans. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59.5. Modifies the treatment of governmental plans with respect to limits on contributions and benefits. Makes the social security retirement age the uniform retirement age for purposes of discrimination testing. Makes uniform the penalty provisions applicable to certain pension reporting requirements. Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. Amends the Uruguay Round Agreements Act to provide a transition rule for computing maximum benefits for qualified plans. Permits a participant and, if applicable, the participant's spouse to waive the minimum period for the joint and survivor annuity explanation before the annuity starting date. Repeals the combined limit for participants in both a defined contribution plan and a defined benefit plan maintained by the same employer. Subtitle C: Treatment of Large Partnerships - Part I: General Provisions - Establishes special rules for large partnerships (250 or more partners) with respect to: (1) determining the income tax of a partner; (2) computing the taxable income of a large partnership; and (3) treatment of contributed property. Provides that a large partnership does not include one where: (1) substantially all of the activities involve the performance of personal services by individuals owning interests in such partnerships; or (2) 25 percent or more of partnership assets consist of oil or gas properties. Establishes simplified audit procedures for large partnerships. Requires a partner's return to be consistent with the partnership return. Allows partnerships to take adjustments into account through an imputed underpayment procedure or a flow-through-to-partners procedure. Authorizes and directs the Secretary to make adjustments at the partnership level in any partnership item to the extent necessary to have such item treated in the manner required, after notifying the partnership of such adjustment through certified or registered mail. Specifies certain restrictions on such adjustments. Provides for judicial review of such adjustment with the Tax Court, the appropriate district court, or the Court of Federal Claims. Prohibits any adjustments from being made three years after the later of the date on which the return was filed, or the last day for filing such return, except in specified cases. Allows a partnership to file a request for an administrative adjustment of partnership items during such time periods and provides for judicial review where such request is not allowed in full. Requires large partnerships to furnish information returns to partners by the first March 15 following the close of the partnership's tax year. Authorizes the Secretary to require large partnerships, or any other partnership with 250 or more partners, to file their returns on magnetic media. Part II: Provisions Related to Certain Partnership Proceedings - Revises and sets forth new provisions relating to partnership proceedings. Provides for a declaratory judgment procedure in the Tax Court for treatment of non-partnership items with respect to an oversheltered return. Describes an oversheltered return as one which above no taxable income and a net loss from partnership items. Provides for the partnership return to be determinative of the audit procedure to be followed. Suspends the period of limitations for making assessments for a partner who is named in a bankruptcy petition. Provides a special rule for a tax matters partner in bankruptcy. Permits a small partnership to have a C corporation as a partner. Excludes a partial settlement agreement from the one-year limitation on assessment. Provides that if a TEFRA statute extension agreement is entered into, that agreement also extends the statute of limitations for filing refund claims until six months after the expiration of the limitations period for assessments. Provides a prepayment forum and a refund forum for raising the innocent spouse defense in TEFRA cases. Provides that partnership level proceedings include a determination of the applicability of penalties at the partnership level. Allows partners to raise any partner-level defenses in a refund forum. Specifies that an action to enjoin premature assessments of deficiencies attributable to partnership items may be brought in the Tax Court. Permits a party to appear before a court for the sole purpose of asserting that the period of limitations for assessing any tax attributable to partnership items has expired for that person. Provides for the treatment of premature petitions filed by notice partners or five-percent groups. Provides that the amount of the bond to stay assessment and collection should be based on the Tax Court's estimate of the aggregate liability of the parties to the action (and not all of the partners in the partners in the partnership). Suspends interest where there is a delay in computational adjustment resulting from TEFRA settlements. Grants a partner seven years (in lieu of three years) to request an administrative adjustment with respect to bad debts or worthless securities. Subtitle D: Foreign Provisions - Part I: Modifications to Treatment of Passive Foreign Corporations - Modifies passive foreign investment company provisions and allows a mark-to-market election by a shareholder of such company. Provides, in general, that a corporation shall not be treated with respect to a shareholder as a passive foreign investment company during the qualified portion of such shareholder's holding period with respect to stock in such corporation. Provides, in general, that in the case of marketable stock in a passive foreign investment company which is owned by a U.S. person such person may elect: (1) if the fair market value of such stock exceeds its adjusted basis, to include in gross income an amount equal to the amount of such excess; or (2) if the adjusted basis of such stock exceeds the fair market value of such stock, a deduction equal to the lesser of the amount of the excess or the unreserved inclusions with respect to such stock. Modifies the definition of passive income. Part II: Treatment of Controlled Foreign Corporations - Provides that if a controlled foreign corporation sells or exchanges stocks in other foreign corporations, then gain recognized on such sale or exchange shall be included in the gross income of such corporation as a dividend to the same extent that it would have been included if such corporation were a U.S. person. Revises provisions concerning: (1) determining pro rata share of gain from certain sales or exchanges of stock in certain foreign corporations; (2) basis adjustments in stock held by lower-tier foreign corporations; (3) determination of previously taxed income in redemptions through use of related corporations; and (4) treatment of branch profits tax exemptions or reductions. Extends the application of the indirect foreign tax credit to certain controlled corporations below the third tier. Repeals Code provisions concerning earnings invested in excess passive assets. Part III: Other Provisions - Establishes new rules for the translation of certain accrued foreign taxes. Modifies present rules for translating all other foreign taxes. Permits the use of the simplified limitation on the foreign tax credit in determining the alternative minimum tax foreign tax credit. Modifies the excise tax on outbound transfers to avoid income tax. Increases from five to ten percent the threshold for the information reporting by U.S. persons of their ownership of stock in a foreign corporation. Provides for the treatment of a prize or award received by a nonresident alien by reason of participating in an amateur sports competition in the U.S. Subtitle E: Other Income Tax Provisions - Part I: Provisions Relating to S Corporations - Increases from 35 to 75 the number of eligible S corporation shareholders. Permits an electing small business trust to be a shareholder of an S corporation. Defines electing small business trust. Expands from 60 days to two years the post-death holding period for testamentary trusts in an S corporation. Expands the definition of "post-termination transition period" to include the 120 day period beginning on the date of any determination pursuant to an audit which follows the termination of the corporation's election and which adjusts a subchapter S item of income, loss, or deduction arising during the S period. Permits an S corporation to be a member of an affiliated group, thus permitting it to own the stock of a C corporation. Provides that adjustments for distributions by an S corporation during a taxable year are taken into account before applying the loss limitation for a year. Provides that if: (1) a corporation was an electing small business corporation for any taxable year beginning before January 1, 1983; and (2) such corporation is an S corporation for its first taxable year beginning after December 31, 1995, the amount of such corporation's accumulated earnings and profits (as of the beginning of such first taxable year) shall be reduced by an amount equal to the portion (if any) of such accumulated earnings and profits which were accumulated in any taxable year beginning before January 1, 1983, for which such corporation was an electing small business corporation under subchapter S. Permits the carryover of disallowed losses and deductions under the at-risk rules. Part II: Provisions Relating to Regulated Investment Companies - Repeals the requirement that less than 30 percent of the gross income of a regulated investment company be derived from the sale or disposition of any of the following which were held for less than three months: (1) stocks or securities; or (2) options, futures, or forward contracts (other than those on foreign currencies). Part III: Provisions Relating to Real Estate Investment Trusts - Revises provisions concerning the requirements for, and the taxation of, a REIT (real estate investment trust) including: (1) rules relating to the determination of ownership (requires compliance with specified regulations and sets penalties for noncompliance); (2) compliance with closely held prohibition provisions (factors in knowledge of being closely held; (3) definition of rents from real property (excludes and defines impermissible tenant service income); (4) the taxation of capital gains (requires shareholders to include such long-term gains as the trust designates); (5) repealing the 30 percent gross income requirement concerning income derived from the sale of stock and other property; (6) lengthening the grace period with respect to foreclosed property; (7) treating income from all hedges that reduce the interest rate risks as qualifying income; (8) revising safe harbor provisions; and (9) permitting a 100 percent REIT-owned corporation to qualify as a subsidiary, regardless of whether it was always owned by the REIT. Part IV: Accounting Provisions - Revises the look-back method for long-term contracts and provides that for purposes of such method, only one rate of interest is to apply for each accrual period. Permits a securities trader to use the mark to market accounting method. Modifies special rules concerning: (1)nuclear decommissioning costs; and (2) crop insurance proceeds and disaster payments. Permits partnerships and S corporations to use a fiscal year on the condition that quarterly payments are made. Sets a quarterly underpayment penalty. Part V: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception if the spending requirements of that exception are otherwise satisfied. Repeals the debt service-based limitation on investment in certain nonpurpose investments. Repeals certain expired provisions. Part VI: Insurance Provisions - Provides for the treatment of life insurance variable contracts on retired lives and sets forth special rules for modified guaranteed contracts. Part VII: Other Provisions - Provides that the taxable year of a partnership closes with respect to a partner whose entire interest in the partnership terminates, whether by death, liquidation, or otherwise. Makes the employer FICA credit for employee tips available whether or not the employee reported such income. Revises provisions concerning: (1) the due date for first quarter estimated tax payments by foundations; and (2) the treatment of dues paid to agricultural or horticultural organizations. Subtitle F: Estates and Trusts - Part I: Income Tax Provisions - Provides an irrevocable election to treat certain revocable trusts as part of the estate. Makes the separate share rules available to estates. Limits the taxable year of an estate to a year ending on October 31, November 30, or December 31. Repeals certain throwback rules applicable to domestic trusts. Provides for the treatment of, as well as defines, a qualified funeral trust. Part II: Estate and Gift Tax Provisions - Allows the right of recovery with respect to qualified terminable interest property to be waived in a will only by specific reference. Provides that a transfer from a revocable trust within three years of death does not result in the inclusion of the transfer in the gross estate. Revises the qualified terminable interest rules with respect to a trust and the marital deduction. Provides that a trust created before the enactment of the Revenue Reconciliation Act of 1990 is treated as satisfying the withholding requirement if its trust instrument require that all trustees be U.S. citizens or domestic corporations. Directs the Secretary to prescribe procedures which provide that executors will have the opportunity to submit subsequent information on a recapture agreement in the filing of an estate tax return. Increases the unified credit of a decedent by the unified credit of a spouse used on a split gift included in the decedent's gross estate. Permits the marital deduction with respect to a defective power of appointment or qualified terminable interest property trust, if there is a qualified reformation of the rust to correct the defect. Prohibits the revaluation of a gift for which the statute of limitations period has passed for purposes of determining the estate tax bracket and the unified credit. Defines trust for the purposes of a qualified domestic trust to include, to the extent provided in regulations prescribed by the Secretary, other arrangements having substantially the same effect as a trust. Part III: Generation-Skipping Tax Provisions - Provides that if a trust holding property having an inclusion ratio of greater than zero is severed in a qualified severance, at the election of the trustee of such trust, the trusts resulting from such severance shall be treated as separate trusts for purposes of the tax on generation- skipping transfers. Excludes from the definition of taxable termination a direct skip. Sets forth a special rule for persons with a deceased parent for purposes of the generation-skipping transfer tax. Subtitle G: Excise Tax Simplification - Part I: Provisions Related to Distilled Spirits, Wines, and Beer - Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. Permits records of exportation to be maintained by the exporter for purposes of canceling or crediting bonds furnished when distilled spirits are removed from bonded premises. Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. Allows beer to be transferred without payment of tax from a brewery to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. Repeals the requirement that wine returned to bonded premises be unmerchantable in order for tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more. Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. Allows beer to be removed from a brewery without payment of tax for purposes of destruction. Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. Part II: Consolidation of Taxes on Aviation Gasoline - Provides for the imposition of entire the aviation gasoline excise tax upon removal from a terminal facility. Part III: Other Excise Tax Provisions - Authorizes the exemption from registration requirements of certain tax-free sales. Provides certain activities, including the removal of a fifth wheel, will not constitute manufacture with respect to the retail sales tax for a truck or tractor chassis. Repeals expired provisions concerning piggy-back trailers and deep seabed mining. Subtitle H: Administrative Provisions - Part I: General Provisions - Repeals the authority to disclosure whether a prospective juror has been audited. Provides an explanation of the statute of limitations with respects to the return of a taxpayer. Allows corporations to disregard any letter or notice of assessment or proposed assessment of tax if the deficiency or proposed deficiency is less than $100,000. Permits any Commonwealth to provide for income tax withholding for Federal employees. Part II: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. Provides that a taxpayer who seeks an award of administrative costs must apply for such costs with 90 days of the date on which the taxpayer was determined to be a prevailing party. Provides that a taxpayer who appeals a denial of administrative costs must petition the Tax Court within 90 days after the date that the IRS mails the denial notice. Provides that a taxpayer must file a motion (rather than a petition) to seek a redetermination of interest in the Tax Court. Provides that the net worth limitations applicable to individuals also apply to estates and trusts. Provides that individuals who file a joint tax return shall be treated as one individual for purposes of computing the net worth limitations. Part III: Authority for Certain Cooperative Agreements - Authorizes the Secretary to enter into cooperative agreements with State tax authorities for purposes of enhancing joint tax administration. Title XV - Medicare - (Bill text to be supplied.) Title XVI: Transformation of the Medicaid Program - Medicaid Transformation Act of 1995 - Amends the Social Security Act (SSA) to: (1) add a new title XXI (MediGrant Program for Low-Income Individuals and Families); and (2) terminate the current Medicaid program, which the new MediGrant program shall replace. Gives such new program the stated purpose of providing block grants to States to enable them to provide medical assistance to certain eligible low-income individuals and families in a more effective, efficient, and responsive manner. Prescribes general requirements for State Medigrant plans containing certain State-developed strategic objectives and performance goals. Prohibits coverage denials on the basis of a preexisting condition. (Sec. 1601) Outlines major program components, which include: (1) a separate fraud prevention program along with State Medigrant fraud control units; (2) a Medigrant Task Force and associated advisory group with specified duties; (3) funding set-asides for certain targeted population groups, including low-income families, low-income elderly and low-income-disabled, with specified uses for residual funds; (4) payment limitations and prohibitions with regard to abortions and euthanasia services, respectively; (5) State MediGrant fraud control units; (6) quality assurance standards for and certification of certain nursing facilities; and (7) a master manufacturer rebate program with regard to covered outpatient drugs (including extra rebates for single source drugs and innovator multiple source drugs). Places limitations on coverage of drugs by States participating in an agreement under such program. Declares that nothing in the new title XXI shall be construed as: (1) creating an entitlement under Federal law in any individual or category of individuals for medical assistance under a MediGrant plan; or (2) making requirements for a State with respect to benefits, provider payments, geographical coverage area, or selection of providers. Declares that no person shall have a cause of action under Federal law against a State in relation to a State's compliance (or failure to comply) with the provisions of this title or of a MediGrant plan. Sets forth various miscellaneous provisions, including those regarding plan administration with advisory committee assistance with regard to plan development, revision, and evaluation and for the submittal and approval of plan amendments. Details premium and cost- sharing under the new program. Provides additional payment exclusions for nonemergency medical services for unlawful aliens. Requires annual plan audits under the program. Mandates State enactment of certain described laws with regard to medical child support for States with an approved MediGrant plan. Details the process for States to withdraw from the new MediGrant program. Provides sanctions for substantial noncompliance by a plan with the requirements of this title. Terminates the current Medicare program for the distribution of pediatric vaccines. Title XVII: Department of Commerce Abolition - Department of Commerce Dismantling Act - Subtitle A: Abolishment of Department of Commerce - Replaces the Department of Commerce (DOC) with the Commerce Programs Resolution Agency (CPRA), which is limited to three years to wind up and terminate the functions and obligations of the DOC before the CPRA itself is abolished. Directs the Comptroller General to report on the most efficient means of abolishing the DOC, and transferring or terminating its functions. Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations, liabilities, and related rights owned by DOC under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all DOC grants made under such Act in FY 1995. (Sec. 17202) Terminates the Technology Administration and the Office of Technology Policy. Transfers the National Institute of Standards and Technology (NIST) to the United States Trade Administration (USTA), as well as NIST laboratories, which shall them to a private sector entity. Eliminates funding for, and requires the sale to a private sector entity of the assets of, the National Technical Information Service (NTIS). (Sec. 17203) Terminates specified functions of the National Telecommunications and Information Administration (NTIA) and transfers its laboratories to CPRA to be sold to a private sector entity. (Sec. 17205) Transfers the National Oceanic and Atmospheric Administration (NOAA) to the Department of Agriculture. Terminates: (1) the National Ocean Service and the Office of Oceanic and Atmospheric Research; (2) the NOAA Corps of commissioned officers; (3) the Office of the NOAA Corps of Operations and the Commissioned Personnel Center; and (4) specified NOAA programs. Repeals specified Federal laws. Transfers certain NOAA: (1) fisheries programs to the Secretary of Transportation; and (2) mapping, charting, geodesy, observation, and prediction of tides and sea level functions to the Director of the U.S. Geological Survey. Requires the Secretary of Transportation to certify to specified congressional committees that the NOAA programs will be terminated no later than September 30, 1995. Prohibits the National Weather Service (NWS) from competing, or assisting other entities to compete, with the private sector when a service is currently provided or can be provided by commercial enterprise, unless specified conditions exist. Requires the NWS to report to specified congressional committees on all of its activities which do not conform to the requirements of this Act, outlining a timetable for their termination. Prohibits the use of funds authorized under this Act for any lobbying activities. Limits the amount of funds to be expended on NOAA. (Sec. 17206) Abolishes the Economic Development Administration, the Minority Business Development Administration, the National Telecommunications and Information Administration, the Advanced Technology Program, and the Manufacturing Extension Programs. Expresses the sense of the Congress that Congress should continue to explore the prospects of the private sector to assume the functions and responsibilities of the Minority Business Development Administration. (Sec. 17207) Directs the abolishment of the U.S. Travel and Tourism Administration. Directs its Administrator to submit to the Congress a recommendation for the privatization of its functions. (Sec. 17209) Expresses the sense of the Congress that the head of each agency performing a function vested in it by this Act should, wherever feasible, explore and implement user fees for services provided in the performance of such function, to offset operating costs. Subtitle C: Consolidation of Statistical Functions - Federal Statistics Agency Establishment Act - Establishes the Federal Statistics Agency as an independent executive branch agency. (Sec. 17313) Transfers to the Agency the functions of: (1) the Bureau of the Census of the DOC; (2) the Bureau of Economic Analysis of DOC; and (3) the Director of the Office of Management and Budget relating to statistical policy and coordination. (Sec. 17331) Sets forth transition administrative provisions regarding: (1) the transfer and allocation of appropriations and personnel; (2) specified incidental transfers of personnel, liabilities, records, and funds; and (3) interim appointments. Subtitle D: United States Trade Administration - Sets forth congressional findings with respect to the expansion of U.S. trade. (Sec. 17411) Establishes the United States Trade Administration (USTA) to be administered by the United States Trade Representative (USTR). Deems the USTA to be the successor to the Department of Commerce for purposes of protocol in any trade-related matter. (Sec. 17412) Directs the USTR, among other things, to: (1) exercise primary responsibility for developing international trade policy, including the initiation of international trade negotiations; (2) establish a national export strategy; and (3) promote new opportunities for U.S. products and services to compete in the world marketplace. Makes the USTR a member of the National Economic Council, as well as chairperson of the Trade Promotion Coordinating Committee and Deputy Chairman of the National Advisory Council on International Monetary and Financial Policies. (Sec. 17413) Establishes USTA officers, including a Deputy Administrator, two Deputy USTR's, and a General Counsel. (Sec. 17431) Transfers to the USTR of the USTA all functions of: (1) the USTR and the Office of the USTR in the Executive Office of the President; (2) specified officers and employees of the Department of Commerce; and (3) the Secretary of Commerce under specified trade Acts. Renames the United States and Foreign Commercial Service the United States Trade Service (USTS). Abolishes all functions of the USTS, except its foreign operations. Transfers all functions of USTS to the USTR. Establishes a Director General of Trade who shall head the USTS. (Sec. 17433) Abolishes the Trade and Development Agency. (Sec. 17434) Transfers the functions of the Committee for the Implementation of Textile Agreements (CITA) to the USTR, except for functions related to the determination of the existence of serious damage or actual threat thereof to the domestic U.S. textile industry, which are transferred to the International Trade Commission (ITC). Abolishes the CITA. (Sec. 17435) Directs the USTR to transmit to the Congress a comprehensive plan to consolidate Federal trade programs and activities. (Sec. 17441) Sets forth administrative provisions, including establishment of a working capital fund. (Sec. 17461) Amends the Trade Expansion Act of 1962 to revise the composition of the Interagency Trade Organization to replace the Secretary of Commerce with representatives of such other Federal agencies as the USTR shall designate. (Sec. 17462) Amends the National Security Act of 1947 to include the USTR in the National Security Council. (Sec. 17463) Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the USTR with respect to trade matters under consideration by the Fund. (Sec. 17471) Makes conforming amendments to the Trade Act of 1974. Amends the Foreign Service Act of 1980 to authorize the USTR (currently, the Secretary of Commerce) to utilize the Foreign Service personnel system with respect to certain personnel. (Sec. 17492) Provides for interim appointments and personnel and funding reductions. (Sec. 17494) Authorizes appropriations. Subtitle E: Patent and Trademark Office Corporation - Patent and Trademark Office Corporation Act of 1995 - Chapter 1: Patent and Trademark Office - Establishes the Patent and Trademark Office as a wholly owned Government corporation. Requires the Office to maintain an office in the district in which its principal office is located. Authorizes the Office to retain and use all of its revenues and receipts in carrying out its functions. (Sec. 17513) Vests management of the Office in the Commissioner of Patents and Trademarks, who shall be appointed by the President for a six-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall not be subject to provisions governing Federal employees, with specified exceptions. Sets forth provisions regarding carryover of personnel, employee protection, labor agreements, termination rights, retirement, competitive status, and savings provisions. (Sec. 17514) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner. (Sec. 17515) Repeals provisions subjecting the Commissioner's performance to the direction or approval of the Secretary of Commerce. (Sec. 17516) Amends the Trademark Act of 1946 to revise the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members. (Sec. 17517) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions which are vested in the Office by this subtitle, including the transfer of residual and unappropriated balances within the Patent and Trademark Office Surcharge Fund. Chapter 2: Effective Date; Technical Amendments - Makes this subtitle effective six months after its enactment. (Sec. 17532) Makes technical and conforming amendments. Subtitle F: Miscellaneous Provisions - Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1994 expenditures for the performance of such function. (Sec. 17613) Requires the Comptroller General to report annually to the Congress on the costs, if any, during the preceding year that were incurred by U.S. exporters as a result of the transfer of functions of the Bureau of Export Administration of the DOC, or as a result of the limitation on expenditures on the DOC. Title XVIII: Welfare Reform - (Bill text to be supplied.) Title XIX: Contract Tax Provisions - (Bill text to be supplied.) Title XX: Budget Process - (Bill text to be supplied.)

Frequent Flyer Act of 1995

United States · United States Congress · 10 October 1995

Frequent Flyer Act of 1995 - Amends the Congressional Accountability Act of 1995 to: (1) require that travel awards accrued by reason of official travel by a Member, officer, or employee of the Senate or the House of Representatives (current law applies to only the Senate) be used only for official travel; and (2) allow a Member of Congress to transfer such a travel award to a nonprofit tax-exempt organization. Expresses the sense of the Congress that commercial airlines should provide that travel awards are transferable in a manner consistent with this Act.

Air Traffic Management System Performance Improvement Act of 1995

United States · United States Congress · 27 September 1995

TABLE OF CONTENTS: Title I: General Provisions Title II: Federal Aviation Administration Streamlining Programs Title III: System to Fund Certain Federal Aviation Administration Functions Air Traffic Management System Performance Improvement Act of 1995 - Title I: General Provisions - Amends Federal Aviation Act of 1958 to delineate the powers and duties of the Administrator of the Federal Aviation Administration (FAA) and the Secretary of Transportation with respect to the FAA. (Sec. 104) Authorizes the Administrator to issue, rescind, and revise regulations as necessary to carry out the FAA functions. Prohibits the Administrator, without prior approval of the Secretary, from issuing a proposed or final regulation that is significant or is likely to result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $50 million or more in any year. Excepts emergency regulations from such prohibition, but subjects them to rescission if the Secretary fails to ratify them. Requires the Administrator to review any unusually burdensome regulations, which would result in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25 million or more (adjusted annually for inflation) in any year. (Sec. 105) Authorizes the Administrator to utilize personnel of other Federal agencies. (Sec. 107) Amends Federal transportation law to revise FAA budget provisions to require the Administrator, after the first fiscal year in which the FAA is funded entirely by user fees, to prepare a budget for the FAA for each fiscal year. Directs the Secretary to review such budget, recommending modifications to it to ensure consistency with the needs of the national transportation system. (Sec. 110) Directs the Administrator to establish a select panel to review and report to the Congress regarding a limited innovative program to fund specific facilities and equipment projects, and to provide limited additional funding alternatives for airport capacity development. (Sec. 112) Directs the Administrator to establish the Federal Aviation Management Advisory Council which shall: (1) provide advice and counsel to the Administrator on issues which affect or are affected by the Administrator's operations; and (2) function as an oversight resource for management, policy, spending, and regulatory matters. (Sec. 113) Requires the Administrator, in order to protect the public health and welfare from aircraft engine emissions, to prescribe air pollutant emission standards for aircraft engines. Title II: Federal Aviation Administration Streamlining Programs - Directs the Administrator to develop an innovative program for air traffic control modernization using an acquisition management system for FAA procurement of goods and services. (Sec. 202) Requires the Administrator to terminate programs funded under the Facilities and Equipment account, and to consider the termination of substantial acquisitions, that fail meet specified established project criteria. (Sec. 203) Directs the Administrator to develop an innovative personnel management system for the management, compensation, and advancement of FAA employees. Title III: System to Fund Certain Federal Aviation Administration Functions - Directs the FAA to submit to the Congress a performance- based fee system for various FAA services. (Sec. 303) Directs the FAA to enter into an agreement with the Department of Defense (DOD) for the reimbursement to the FAA of the net cost of air traffic control services provided to DOD. (Sec. 304) Directs the FAA to submit to the Congress a proposed fee system for air traffic control services. (Sec. 306) Increases for FY 1998 and 1999 Airport and Airway Trust Fund spending caps for certain direct costs for air navigation facilities and joint air navigation services. (Sec. 307) Requires the multiyear appropriation of funds (not less than three years) for Trust Fund activities.

Überprüfung des Sicherheitsstandards ausländischer Fluggesellschaften mit deutscher Landeerlaubnis (G-SIG: 13052672)

Germany · German Bundestag · 22 September 1995

To amend the Internal Revenue Code of 1986 to correct a technical error in the expiration date for refunds on alcohol fuels.

United States · United States Congress · 19 September 1995

Amends the Internal Revenue Code to extend the termination date of provisions requiring a refund of gasoline, diesel, and aviation fuel taxes when that fuel is used to produce certain alcohol fuels.

National Highway System Designation Act of 1995

United States · United States Congress · 18 September 1995

TABLE OF CONTENTS: Title I: National Highway System Title II: Highway Funding Restoration Title III: Miscellaneous Provisions National Highway System Designation Act of 1995 - Title I: National Highway System - Designates the National Highway System (NHS) as submitted by the Secretary of Transportation on September 1, 1995. Authorizes the Secretary of Transportation to submit to specified congressional committees for approval a proposed modification of the NHS, subject to specified requirements, which shall take effect only if a law has been enacted approving such modification. Sets forth provisions regarding: (1) initial proposed modifications to the NHS; (2) congressional high priority corridors; and (3) interim eligibility for Federal highway funds. Title II: Highway Funding Restoration - Highway Funding Restoration Act of 1995 - Directs the Secretary to allocate among the States specified amounts for Interstate highway substitute, NHS, surface transportation program, Interstate, congestion mitigation and air quality improvement program, bridge, hazard elimination, and rail- highway crossings projects (State High Priority Project Restoration Program, hereinafter referred to as the High Priority Program) for FY 1996 and 1997. Specifies allocation percentages by State. Provides that such allocations shall not affect a State's minimum allocation of Federal-aid highway funds or specified allocations under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). Sets forth provisions regarding: (1) the period of availability; (2) a special rule for the obligation of allocations in urbanized areas with a population of over 200,000; and (3) limits on planning expenditures. Authorizes appropriations. (Sec. 204) Rescinds funds from various previously authorized projects and from unobligated balances of funds previously made available and derived from the Highway Trust Fund (HTF). Reduces the authorized funding levels for certain programs (regarding magnetic levitation and highway safety) funded from the HTF for FY 1996 and 1997. Transfers certain funds (regarding the Congestion Pricing Pilot Program) derived from the HTF made available for such fiscal years to carry out the High Priority Program. (Sec. 205) Directs the Secretary: (1) to notify each State of the total amount of the reduction in authorized funds for FY 1996 that would have been allocated and apportioned to such State, as a result of specified ISTEA provisions; and (2) in determining such amount, to deduct the amount allocated to each State in FY 1996 pursuant to the High Priority Program and certain other amounts available for FY 1996. Requires: (1) each State to designate on or before November 1, 1995, or as soon as possible thereafter, unobligated balances of funds apportioned or allocated on or before September 30, 1995, and which are subject to the obligation ceiling, that may be made available for any purpose currently eligible under the Minimum Allocation Program; and (2) the Secretary to make such funds available to the States before November 15, 1995, or as soon as possible thereafter. Prohibits unobligated balances of funds attributed to urbanized areas with a population of over 200,000 from being designated by the State without the concurrence, in writing, of the Metropolitan Planning Organization (MPO) designated for such area. Sets forth provisions regarding: (1) congestion mitigation and air quality balances; (2) interstate construction balances; (3) periods of availability; and (4) limits on statutory construction. (Sec. 206) Revises provisions regarding the method of distribution of funds made available under the Minimum Allocation Program in FY 1996 and 1997. Sets forth provisions regarding: (1) a special rule for urbanized areas of over 200,000 in FY 1996 and 1997; and (2) funding. (Sec. 207) Prohibits the Secretary from penalizing States for failure to implement various highway and transportation management systems during FY 1996. Repeals a requirement that States meet minimum utilization requirements for asphalt pavement containing recycled rubber and the penalties for failure to meet those requirements. Title III: Miscellaneous Provisions - Directs the Secretary to distribute any limitation otherwise imposed on transit operating assistance so that each urbanized area that had a population of less than 200,000 under the 1990 decennial census will receive for FY 1996 75 percent of the amount the area received under such distribution for FY 1995. Requires the Secretary, in the distribution of such limitation to urbanized areas that had a population under such census of one million or more, to direct each such area to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the area and to consider the needs and resources of such authorities when the limitation is distributed among all transit authorities operating in the area. (Sec. 302) Directs the Secretary to: (1) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan, which shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions (as determined by the Secretary) of future increases in the cost to complete the project; (2) make a recommendation to the Congress on whether or not future Federal assistance should be withheld regarding any such project for which an annual financial plan is not submitted or for which the Secretary determines that the estimates or assumptions are not reasonable; and (3) submit to the Congress an annual report on the financial plans submitted and any such recommendation. (Sec. 303) Prohibits the Secretary of Transportation, after this Act's enactment and before the date on which Federal-aid highway and transit programs are reauthorized, from issuing a letter of intent, or entering into a full financing grant agreement or early systems work agreement for a project or operable segment of a project unless the full amount of Federal financial responsibility for the project or segment has been included in an authorization law. Makes such prohibition inapplicable to any project: (1) for which a letter of intent was issued before this Act's enactment date; and (2) included as an element of an interrelated project which also includes another project for which a letter of intent was issued before such date. (Sec. 304) Requires an annual report on Capital Projects for Fixed Guideway Systems and Extensions of Existing Fixed Guideway Systems to include: (1) an analysis of potential funding requirements of the project in the succeeding five fiscal years; and (2) a description of the planning and study process undertaken to select the locally preferred alternative, and of efforts undertaken to seek alternative funding sources, for the project. (Sec. 305) Repeals the authorization for the Long Beach Metro Link Fixed Rail Project. Reduces the authorization for the Honolulu Rapid Transit Project. (Sec. 306) Modifies various previously authorized transit projects and makes funds available for certain additional projects. (Sec. 307) Adds consideration of recreational travel and tourism to the metropolitan planning process under the transit program. (Sec. 308) Requires that any contract or subcontract awarded for engineering and design services, whether funded in whole or in part with Federal transit funds, be performed and audited in compliance with cost principles contained in the Federal acquisition regulations. Requires the recipient of Federal funds to: (1) accept and use indirect cost rates established by a government agency in accordance with such regulations for one-year applicable accounting periods in estimating, negotiating, and administering contracts; (2) notify affected firms before requesting and using the cost and rate data; and (3) keep such data confidential. Makes this section effective two years after this Act's enactment, but grants a State the option of adopting by statute an alternative process intended to promote engineering and design quality and to ensure maximum competition by professional companies of all sizes providing engineering and design services. (Sec. 309) Allows Federal participation in the construction of ferry boats and terminal facilities that operate between a State and a point in Canada. (Sec. 310) Directs the Secretary to issue guidance to encourage States to utilize private sector sources for surveying and mapping services for highway projects. (Sec. 311) Specifies that the hiring of law enforcement or security personnel is an eligible expense under the transit security program. Allows half of the publicly funded ferry boat service provided to the City of Avalon, California, to be counted under the formula grant transit program. (Sec. 312) Amends the Americans With Disabilities Act of 1990 to require that accessibility requirements for private over-the-road buses be met by small providers within three years, and by other providers within two years, after the issuance of final regulations. (Sec. 313) Makes the Alaska Railroad eligible for certain fixed guideway modernization funds for improvements to its passenger operations. (Sec. 314) Amends Federal transportation law to authorize (current law requires) preemployment alcohol testing of: (1) mass transit, railroad, air carrier, and Federal Aviation Administration employees responsible for safety-sensitive functions; and (2) operators of commercial motor vehicles. (Sec. 315) Provides that a State shall be treated as having met the requirement of having a statewide program for roadside sobriety checkpoints if such a program would violate the constitution of the State and if the State meets certain other safety requirements. Moves from the Supplemental Grants Program to the Basic Grants Program the requirement that a State provide that any person under age 21 with a blood alcohol concentration of .02 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated. (Sec. 316) Directs the Secretary to: (1) conduct a study of technologies and practices to improve the driving performance of older drivers and other special driver groups; (2) undertake demonstration activities which incorporate and build upon gerontology research related to the study of the normal aging process, and initially implement such activities in States with the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode; and (3) carry out the study by entering into a cooperative agreement with an institution that has demonstrated competencies in specified fields. Requires the Secretary: (1) in carrying out the work zone safety program under ISTEA, to utilize a variety of methods to increase safety at highway construction sites, including conferences, creation of a national clearinghouse, and a national promotional campaign; and (2) to conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance of safety in all types of motor vehicles, and determine whether such technology has other appropriate safety applications. (Sec. 317) Amends ISTEA to extend until the reauthorization of the Federal-aid highway and transit programs a temporary waiver from axle weight limitations for any vehicle regularly and exclusively used as an intrastate public agency transit passenger bus. (Sec. 318) Freezes funding allocations under the Congestion Mitigation and Air Quality Program (CMAQ) at the FY 1994 levels for the remaining years of ISTEA, and provides that CMAQ funds may be used for projects for the maintenance of air quality standards. Provides that certain funding equity provisions will not be affected by this section. (Sec. 319) Directs the Secretary to establish a program to require States to conduct an analysis of the life-cycle costs of, and carry out a value engineering analysis for, all projects on the NHS with an estimated total cost of $25 million or more. (Sec. 320) Specifies that transportation conformity requirements only apply to areas that are designated as nonattainment areas and to areas that have been designated at attainment areas but that are still subject to maintenance requirements under the Clean Air Act. (Sec. 322) Exempts certain specialized vehicles operating on the 104-mile portion of Wisconsin State Route 78 and U.S. Route 51 from vehicle weight limitations upon the inclusion of the route as part of the Interstate System. (Sec. 322) Sets forth provisions regarding contracting for engineering and design services funded in whole or in part with Federal-aid highway funds (analogous to provisions under Sec. 308). Repeals a pilot program under ISTEA for uniform audit procedures. (Sec. 323) Includes the Centennial Bridge, Rock Island, Illinois, under provisions relating to toll agreements. (Sec. 324) Prohibits the Secretary, before September 30, 1997, from requiring the States to expend any Federal or State funds to construct, erect, or otherwise place, or modify, a highway sign relating to any speed limit, distance, or other measurement using the metric system. (Sec. 325) Specifies that the Federal ban on outdoor advertising on scenic highways does not restrict the authority of a State with respect to commercial and industrial areas along a scenic byway, nor does it prevent a State from establishing standards stricter than those in Federal law. (Sec. 326) Adds recreational travel and tourism to the factors that must be considered by MPOs in developing transportation plans and programs. (Sec. 327) Allows any non-Federal funds expended for the seismic retrofit of certain toll bridges to be credited toward the non-Federal share required as a condition of receipt of Federal funds for such retrofit made available after the date of the expenditure. (Sec. 328) Specifies that data collected for safety reports or surveys shall not be subject to discovery or admitted into evidence in Federal or State court proceedings. (Sec. 329) Revises the National Recreational Trails Program under ISTEA, including a provision requiring States to provide 20 percent of the program costs in the sixth year of the program. Requires a State to give priority to projects which mitigate and minimize impacts to the environment. Permits a State to apply to the Secretary for an exemption from requirements for the distribution of Federal trail program funds. (Sec. 330) Revises ISTEA regarding the routing of certain existing high priority corridors and adds additional high priority corridors. Designates certain of these routes as future Interstate routes, if they are not already designated, when the Secretary determines that such routes meet Interstate standards and connect to an existing Interstate segment. (Sec. 331) Amends ISTEA to authorize a feasibility study to identify routes that will expedite future emergency evacuations of coastal areas of Louisiana. Directs the Secretary to conduct a study to determine the feasibility of establishing a route for the East-West Transamerica Corridor in West Virginia and Virginia. (Sec. 334) Delineates the route of the East-West Transamerica High Priority Corridor. (Sec. 341) Amends the Federal-Aid Highway Act of 1956 to make the High Street to Causeway Street section of Central Artery project eligible for Interstate construction funds. Makes certain revisions to the Interstate 95 and Pennsylvania Turnpike project authorized by the Surface Transportation Assistance Act of 1982. Prohibits the use of Federal funds to construct Type II noise barriers, other than for projects already approved. (Sec. 342) Directs the Secretary to enter into an agreement modifying an existing agreement that provides Orange County, California, with a line of credit. Allows the Secretary to require an interest rate higher than that previously specified. (Sec. 343) Directs the Secretary to conduct a study: (1) and report to the Congress on the adequacy of and the need for improvements to the Pan American Highway; (2) to determine the cost, need, and efficacy of establishing a highway sign for identifying routes on the NHS; and (3) and report to the Congress on compliance with the Buy American Act with respect to contracts entered into using amounts made available from the HTF. (Sec. 344) Provides that tolls collected for motor vehicles on any bridge connecting the boroughs of Brooklyn and Staten Island, New York, shall continue to be collected for only those vehicles exiting from such bridge in Staten Island. (Sec. 345) Authorizes appropriations for FY 1996 for the National Driver Register. (Sec. 346) Modifies ISTEA provisions to: (1) provide that not less than two and a half percent of the mileage of new or replacement permanent or temporary crashworthy barriers included in awarded contracts along Federal-aid highways within the boundaries of a State in each calendar year shall be innovative crashworthy safety barriers; and (2) define "innovative crashworthy safety barrier" as a barrier, other than a guardrail or guiderail, classified by the Federal Highway Administration as experimental or classified as operational after January 1, 1985, which meets or surpasses the requirements of the National Cooperative Highway Research Program 350 for longitudinal barriers. (Sec. 347) Allows signs, displays, and devices identifying and announcing free motorists aid call boxes and their sponsorship by corporations or other organizations in areas adjacent to the Interstate System and the primary system. (Sec. 348) Repeals: (1) the national maximum speed limit and all related enforcement requirements; and (2) the penalty States face for not having a law requiring individuals on motorcycle to wear a motorcycle helmet. (Sec. 350) Adds safety rest areas to the list of safety projects that qualify for 100 percent Federal funding. (Sec. 351) Sets forth exemptions from requirements relating to commercial motor vehicles and their operators, regarding: (1) transportation of agricultural commodities and farm supplies; (2) transportation and operation of groundwater well drilling rigs; (3) transportation of construction materials and equipment; and (4) snow and ice removal. Authorizes the Secretary: (1) to conduct a rulemaking proceeding to determine whether granting any such exemption is not in the public interest and would have a significant adverse impact on the safety of commercial motor vehicles; and (2) if so, to prevent the exemption from going into effect, modify it, or revoke it). (Sec. 352) Deems traffic control signs erected under the experimental project conducted in the State of Oregon in December 1991 to comply with requirements of the Manual on Uniform Traffic Control Devices of the Department of Transportation. (Sec. 353) Allows the Brightman Street Bridge in Fall River Harbor, Massachusetts, to be reconstructed to result in a clear channel width of less than 300 feet.

Air Traffic Management System Performance Improvement Act of 1996

United States · United States Congress · 13 September 1995

TABLE OF CONTENTS: Title I: General Provisions Title II: Federal Aviation Administration Streamlining Programs Title III: System to Fund Certain Federal Aviation Administration Functions Air Traffic Management System Performance Improvement Act of 1995 - Title I: General Provisions - Amends Federal Aviation Act of 1958 to delineate the powers and duties of the Administrator of the Federal Aviation Administration (FAA) and the Secretary of Transportation with respect to the FAA. (Sec. 104) Authorizes the Administrator to issue, rescind, and revise regulations as necessary to carry out the FAA functions. Prohibits the Administrator, without prior approval of the Secretary, from issuing a proposed or final regulation that is significant or is likely to result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $50 million or more in any year. Excepts emergency regulations from such prohibition, but subjects them to rescission if the Secretary fails to ratify them. Requires the Administrator to review any unusually burdensome regulations, which would result in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25 million or more (adjusted annually for inflation) in any year. (Sec. 105) Authorizes the Administrator to utilize personnel of other Federal agencies. (Sec. 107) Amends Federal transportation law to revise FAA budget provisions to require the Administrator, after the first fiscal year in which the FAA is funded entirely by user fees, to prepare a budget for the FAA for each fiscal year. Directs the Secretary to review such budget, recommending modifications to it to ensure consistency with the needs of the national transportation system. (Sec. 110) Directs the Administrator to establish a select panel to review and report to the Congress regarding a limited innovative program to fund specific facilities and equipment projects, and to provide limited additional funding alternatives for airport capacity development. (Sec. 112) Directs the Administrator to establish the Federal Aviation Management Advisory Council which shall: (1) provide advice and counsel to the Administrator on issues which affect or are affected by the Administrator's operations; and (2) function as an oversight resource for management, policy, spending, and regulatory matters. (Sec. 113) Requires the Administrator, in order to protect the public health and welfare from aircraft engine emissions, to prescribe air pollutant emission standards for aircraft engines. Title II: Federal Aviation Administration Streamlining Programs - Directs the Administrator to develop an innovative program for air traffic control modernization using an acquisition management system for FAA procurement of goods and services. (Sec. 202) Requires the Administrator to terminate programs funded under the Facilities and Equipment account, and to consider the termination of substantial acquisitions, that fail meet specified established project criteria. (Sec. 203) Directs the Administrator to develop an innovative personnel management system for the management, compensation, and advancement of FAA employees. Title III: System to Fund Certain Federal Aviation Administration Functions - Directs the FAA to submit to the Congress a performance-based fee system for various FAA services. (Sec. 303) Directs the FAA to enter into an agreement with the Department of Defense (DOD) for the reimbursement to the FAA of the net cost of air traffic control services provided to DOD. (Sec. 304) Directs the FAA to submit to the Congress a proposed fee system for air traffic control services. (Sec. 306) Increases for FY 1998 and 1999 Airport and Airway Trust Fund spending caps for certain direct costs for air navigation facilities and joint air navigation services. (Sec. 307) Requires the multiyear appropriation of funds (not less than three years) for Trust Fund activities.

Federal Aviation Administration Revitalization Act of 1995

United States · United States Congress · 7 September 1995

Federal Aviation Administration Revitalization Act of 1995 - Establishes the Federal Aviation Administration (FAA) as an independent Federal agency to succeed the FAA which is currently part of the Department of Transportation (DOT). (Sec. 3) Establishes a Federal Aviation Board (Board), which shall appoint a Chief Executive Officer. Directs the Board to develop, and submit to the Congress, a personnel management system for the Administration. Establishes the Federal Aviation Management Advisory Committee to provide advice and counsel to the Administration. Prohibits the FAA, without the prior approval of the Board, from issuing a proposed or final regulation, airworthiness directive, or advisory circular that may result in the expenditure by State, local, and tribal governments, or by the private sector, of $10 million or more in any one year. Provides an exception in cases of an emergency. Requires Department of Transportation (DOT) review of all proposed or final FAA regulations. Directs the Board to develop, and submit to the Congress, an acquisition management system for the FAA. Permits the judicial review of Administration actions. (Sec. 4) Revises Federal transportation law to require the Chief Executive Officer to prepare, subject to Board approval, an annual budget for the FAA. (Sec. 5) Requires the FAA to publish cost-benefit analyses of minimum aircraft safety regulations that result in annualized compliance costs in excess of $25 million. (Sec. 6) Declares that receipts and disbursements of the Airport and Airway Trust Fund: (1) shall not be included in the totals of the President's or Congress' budget; (2) shall be exempt from any general budget limitations; and (3) shall be exempt from the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the FAA to make annual estimates of unfunded aviation authorizations and net aviation receipts at the close of the following fiscal year. (Sec. 8) Directs the Administrator of the current FAA to issue a notice of proposed rulemaking or a denial of the petition in Docket 27791 of the FAA relating to increasing the fee that airlines retain in collecting passenger facility charges. Makes such fee increase sought in such petition effective if the Administrator fails to respond to the petition. (Sec. 9) Requires the Board to establish a select panel to review and report to the Congress on innovative financing mechanisms for ensuring adequate funding for existing and future aviation infrastructure needs. (Sec. 13) Terminates the FAA of the DOT. (Sec. 14) Directs the Secretary of Transportation to terminate 200 employee positions in the Office of the Secretary to reflect reductions in the aviation responsibilities in such office. (Sec. 15) Amends Federal transportation law to make conforming amendments to reflect FAA changes.

National Highway System Designation Act of 1995

United States · United States Congress · 7 September 1995

TABLE OF CONTENTS: Title I: National Highway System Title II: Highway Funding Restoration Title III: Miscellaneous Provisions National Highway System Designation Act of 1995 - Title I: National Highway System - Designates the National Highway System (NHS) as submitted by the Secretary of Transportation on September 1, 1995. Authorizes the Secretary of Transportation to submit to specified congressional committees for approval a proposed modification of the NHS, subject to specified requirements, which shall take effect only if a law has been enacted approving such modification. Sets forth provisions regarding: (1) initial proposed modifications to the NHS; and (2) congressional high priority corridors. (Sec. 102) Prohibits the Secretary from apportioning or allocating, prior to August 1, 1997, any funds authorized to be appropriated or made available for FY 1997 under specified Federal highway provisions, including the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), the Surface Transportation Assistance Act of 1982, or provisions relating to the State High Priority Project Restoration Program (see Title II). Requires the Secretary, for purposes of determining minimum allocations, to treat certain apportionments and allocations as having been made on October 1, 1996. Prohibits the obligation of amounts made available in FY 1997 at a rate higher than the historical rate of obligation of such funds. (Sec. 103) Prohibits the Secretary from apportioning or allocating, prior to August 1, 1997, Federal transit funds (other than administrative expenses) authorized to be appropriated or made available for FY 1997. Provides that certain transit funds appropriated after this Act's enactment may not be obligated before August 1, 1997. Title II: Highway Funding Restoration - Highway Funding Restoration Act of 1995 - Directs the Secretary to allocate among the States specified amounts for Interstate highway substitute, NHS, surface transportation program, Interstate, congestion mitigation and air quality improvement program, bridge, hazard elimination, and rail-highway crossings projects (State High Priority Project Restoration Program, hereinafter referred to as the High Priority Program) for FY 1996 and 1997. Specifies allocation percentages by State. Provides that such allocations shall not affect a State's minimum allocation of Federal-aid highway funds or specified allocations under ISTEA. Sets forth provisions regarding: (1) the period of availability of such allocations; (2) a special rule for the obligation of allocations in urbanized areas of over 200,000; and (3) limits on planning expenditures. Authorizes appropriations. (Sec. 204) Rescinds funds from various previously authorized projects and from unobligated balances of funds previously made available and derived from the Highway Trust Fund (HTF). Reduces the authorized funding levels for certain programs (regarding magnetic levitation and highway safety) funded from the HTF for FY 1996 and 1997. Transfers certain funds (regarding the Congestion Pricing Pilot Program) derived from the HTF made available for such fiscal years to carry out the High Priority Program. (Sec. 205) Directs the Secretary: (1) to notify each State of the total amount of the reduction in authorized funds for FY 1996 that would have been allocated and apportioned to such State as a result of specified ISTEA provisions; and (2) in determining such amount, to deduct the amount allocated to each State in FY 1996 pursuant to the High Priority Program and certain other amounts available for FY 1996. Requires: (1) each State to designate on or before November 1, 1995, or as soon as possible thereafter, unobligated balances of funds apportioned or allocated on or before September 30, 1995, and which are subject to the obligation ceiling, that may be made available for any purpose currently eligible under the Minimum Allocation Program; and (2) the Secretary to make such funds available to the States before November 15, 1995, or as soon as possible thereafter. Prohibits unobligated balances of funds attributed to urbanized areas with a population of over 200,000 from being designated by the State without the concurrence, in writing, of the Metropolitan Planning Organization (MPO) designated for such area. Sets forth provisions regarding: (1) congestion mitigation and air quality balances; (2) Interstate construction balances; (3) periods of availability; and (4) limits on statutory construction. (Sec. 206) Revises provisions regarding the method of distribution of funds made available under the Minimum Allocation Program in FY 1996 and 1997. Sets forth provisions regarding: (1) a special rule for urbanized areas of over 200,000; and (2) funding. (Sec. 207) Prohibits the Secretary from penalizing States for failure to implement various highway and transportation management systems during FY 1996. Repeals a requirement that States meet minimum utilization requirements for asphalt pavement containing recycled rubber and the penalties for failure to meet those requirements. Title III: Miscellaneous Provisions - Directs the Secretary to distribute any limitation otherwise imposed on transit operating assistance so that each urbanized area that had a population of less than 200,000 under the 1990 decennial census will receive for FY 1996 75 percent of the amount the area received under such distribution for FY 1995. Requires the Secretary, in the distribution of such limitation to urbanized areas that had a population under such census of one million or more, to direct each such area to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the area and to consider the needs and resources of such authorities when the limitation is distributed among all transit authorities operating in the area. (Sec. 302) Directs the Secretary to: (1) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan, which shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions (as determined by the Secretary) of future increases in the cost to complete the project; (2) make a recommendation to the Congress on whether or not future Federal assistance should be withheld regarding any such project for which an annual financial plan is not submitted or for which the Secretary determines that the estimates or assumptions are not reasonable; and (3) submit to the Congress an annual report on the financial plans submitted and any such recommendation. (Sec. 303) Prohibits the Secretary of Transportation, after this Act's enactment and before the date on which Federal-aid highway and transit programs are reauthorized, from issuing a letter of intent or entering into a full financing grant agreement or early systems work agreement for a project or operable segment of a project unless the full amount of Federal financial responsibility for the project or segment has been included in an authorization law. Makes such prohibition inapplicable to any project: (1) for which a letter of intent was issued before this Act's enactment date; and (2) included as an element of an interrelated project which also includes another project for which a letter of intent was issued before such date. (Sec. 304) Requires an annual report on Capital Projects for Fixed Guideway Systems and Extensions of Existing Fixed Guideway Systems to include: (1) an analysis of potential funding requirements of the project in the succeeding five fiscal years; and (2) a description of the planning and study process undertaken to select the locally preferred alternative and of efforts undertaken to seek alternative funding sources for the project. (Sec. 305) Repeals the authorization for the Long Beach Metro Link Fixed Rail Project. Reduces the authorization for the Honolulu Rapid Transit Project. (Sec. 306) Modifies various previously authorized transit projects and makes funds available for certain additional projects. (Sec. 307) Adds consideration of recreational travel and tourism to the metropolitan planning process under the transit program. (Sec. 308) Requires that any contract or subcontract awarded for engineering and design services, whether funded in whole or in part with Federal transit funds, be performed and audited in compliance with cost principles contained in the Federal acquisition regulations. Requires the recipient of Federal funds to: (1) accept and use indirect cost rates established by a government agency in accordance with such regulations for one-year applicable accounting periods in estimating, negotiating, and administering contracts; (2) notify affected firms before requesting and using the cost and rate data; and (3) keep such data confidential. Makes this section effective two years after this Act's enactment, but grants a State the option of adopting by statute an alternative process intended to promote engineering and design quality and to ensure maximum competition by professional companies of all sizes providing engineering and design services. (Sec. 309) Revises the formula for State expenditures on intercity bus transportation and includes among eligible activities the purchase of accessibility devices. Directs the Secretary to make capital grants to operators of intercity bus transportation systems to support such systems, including the purchase of such devices. (Sec. 310) Specifies that the hiring of law enforcement or security personnel is an eligible expense under the transit security program. Allows half of the publicly funded ferry boat service provided to the City of Avalon, California, to be counted under the formula grant transit program. (Sec. 311) Amends the Americans With Disabilities Act of 1990 to require that accessibility requirements for private over-the-road buses be met by small providers within three years, and by other providers within two years, after the issuance of final regulations. (Sec. 312) Makes the Alaska Railroad eligible for certain fixed guideway modernization funds for improvements to its passenger operations. (Sec. 313) Amends Federal transportation law to authorize (current law requires) preemployment alcohol testing of: (1) mass transit, railroad, air carrier, and Federal Aviation Administration employees responsible for safety-sensitive functions; and (2) operators of commercial motor vehicles. (Sec. 314) Provides that a State shall be treated as having met the requirement of having a statewide program for roadside sobriety checkpoints if such a program would violate the constitution of the State and if the State meets certain other safety requirements. Moves from the Supplemental Grants Program to the Basic Grants Program the requirement that a State provide that any person under age 21 with a blood alcohol concentration of .02 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated. (Sec. 315) Directs the Secretary to: (1) conduct a study of technologies and practices to improve the driving performance of older drivers and other special driver groups; (2) undertake demonstration activities which incorporate and build upon gerontology research related to the study of the normal aging process, and initially implement such activities in States with the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode; and (3) carry out the study by entering into a cooperative agreement with an institution that has demonstrated competencies in specified fields. Requires the Secretary: (1) in carrying out the work zone safety program under ISTEA, to utilize a variety of methods to increase safety at highway construction sites, including conferences, creation of a national clearinghouse, and a national promotional campaign; and (2) to conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance of safety in all types of motor vehicles and determine whether such technology has other appropriate safety applications. (Sec. 316) Amends ISTEA to extend until the reauthorization of the Federal-aid highway and transit programs a temporary waiver from axle weight limitations for any vehicle regularly and exclusively used as an intrastate public agency transit passenger bus. (Sec. 317) Freezes funding allocations under the Congestion Mitigation and Air Quality Program (CMAQ) at the FY 1994 levels for the remaining years of ISTEA and provides that CMAQ funds may be used for projects for the maintenance of air quality standards. Provides that certain funding equity provisions will not be affected by this section. (Sec. 318) Directs the Secretary to establish a program to require States to conduct an analysis of the life-cycle costs of, and carry out a value engineering analysis for, all projects on the NHS with an estimated total cost of $25 million or more. (Sec. 319) Specifies that transportation conformity requirements only apply to areas that are designated as nonattainment areas and to areas that have been designated as attainment areas but that are still subject to maintenance requirements under the Clean Air Act. (Sec. 320) Sets forth provisions regarding contracting for engineering and design services funded in whole or in part with Federal-aid highway funds (analogous to provisions under Sec. 308). Repeals a pilot program under ISTEA for uniform audit procedures. (Sec. 321) Exempts certain specialized vehicles operating on the 104-mile portion of Wisconsin State Route 78 and U.S. Route 51 from vehicle weight limitations upon the inclusion of the route as part of the Interstate System. (Sec. 322) Includes the Centennial Bridge, Rock Island, Illinois, under provisions relating to toll agreements. (Sec. 323) Prohibits the Secretary, before September 30, 1997, from requiring the States to expend any Federal or State funds to construct, erect, or otherwise place, or modify a highway sign relating to any speed limit, distance, or other measurement using the metric system. (Sec. 324) Specifies that the Federal ban on outdoor advertising on scenic highways does not restrict the authority of a State with respect to commercial and industrial areas along a scenic byway, nor does it prevent a State from establishing standards stricter than those in Federal law. (Sec. 325) Adds recreational travel and tourism to the factors that must be considered by MPOs in developing transportation plans and programs. (Sec. 326) Allows any non-Federal funds expended for the seismic retrofit of certain toll bridges to be credited toward the non-Federal share required as a condition of receipt of Federal funds for such retrofit made available after the date of the expenditure. (Sec. 327) Specifies that data collected for safety reports or surveys shall not be subject to discovery or admitted into evidence in Federal or State court proceedings. (Sec. 328) Revises the National Recreational Trails Program under ISTEA, including a provision requiring States to provide 20 percent of the program costs in the sixth year of the program. Requires a State to give priority to projects which mitigate and minimize impacts to the environment. Permits a State to apply to the Secretary for an exemption from requirements for the distribution of Federal trail program funds. (Sec. 329) Revises ISTEA regarding the routing of certain existing high priority corridors and adds additional high priority corridors. Designates certain of these routes as future Interstate routes, if they are not already designated, when the Secretary determines that such routes meet Interstate standards and connect to an existing Interstate segment. (Sec. 330) Amends ISTEA to authorize a feasibility study to identify routes that will expedite future emergency evacuations of coastal areas of Louisiana. Directs the Secretary to conduct a study to determine the feasibility of establishing a route for the East-West Transamerica Corridor in West Virginia and Virginia. (Sec. 333) Delineates the route of the East-West Transamerica High Priority Corridor. (Sec. 340) Amends the Federal-Aid Highway Act of 1956 to make the High Street to Causeway Street section of an existing project eligible for Interstate construction funds. Makes certain revisions to the Interstate 95 and Pennsylvania Turnpike project authorized by the Surface Transportation Assistance Act of 1982. Prohibits the use of Federal funds to construct Type II noise barriers, other than for projects already approved. (Sec. 341) Directs the Secretary to enter into an agreement modifying an existing agreement that provides Orange County, California with a line of credit. Allows the Secretary to require an interest rate higher than that previously specified. (Sec. 342) Directs the Secretary to conduct a study: (1) and report to the Congress on the adequacy of and the need for improvements to the Pan American Highway; and (2) to determine the cost, need, and efficacy of establishing a highway sign for identifying routes on the NHS. (Sec. 343) Provides that tolls collected for motor vehicles on any bridge connecting the boroughs of Brooklyn and Staten Island, New York, shall continue to be collected for only those vehicles exiting from such bridge in Staten Island. (Sec. 344) Authorizes appropriations for FY 1996 for the National Driver Register.

National Oceanic and Atmospheric Authorization Act of 1995

United States · United States Congress · 9 August 1995

TABLE OF CONTENTS: Title I: NOAA Atmospheric and Satellite Programs Title II: NOAA Ocean and Coastal Programs Title III: NOAA Marine Fishery Programs Title IV: Program Administration and Support Title V: Cost Savings and Streamlining National Oceanic and Atmospheric Authorization Act of 1995 - Title I: NOAA Atmospheric and Satellite Programs - Authorizes appropriations for the National Oceanic and Atmospheric Administration (NOAA) for: (1) National Weather Service (NWS) operations and research; (2) public warning and forecast systems; (3) climate and air quality research; (4) atmospheric research; (5) satellite observing systems; and (6) environmental data management systems. States that NWS shall be responsible for: (1) weather and storm warnings; and (2) collection and distribution of meteorological, hydrological, climatic, and oceanographic information, including hydrometeorological guidance and forecast information. Authorizes the Administrator of NOAA to procure specified additional satellites. Amends the Land Remote Sensing Act of 1992 to direct the Administrator to develop an operating plan for the Landsat 7 spacecraft and the processing and distribution of its data, including a related ground system. Authorizes appropriations. Title II: NOAA Ocean and Coastal Programs - Authorizes NOAA appropriations for: (1) mapping, charting, and geodesy activities; (2) observation and assessment; and (3) ocean and Great Lakes research. Amends Federal law to authorize appropriations for the national sea grant college program. National Undersea Research Program Act of 1995 - Directs the Administrator to establish a National Undersea Research Program, which shall be conducted by regional centers. Authorizes appropriations. Amends the Coastal Zone Management Act of 1972 to authorize appropriations for: (1) management program development grants; (2) coastal water protection; (3) State coastal water protection programs; and (4) the Secretary of Commerce (Secretary) for specified activities under the Act. Title III: NOAA Marine Fishery Programs - Authorizes NOAA appropriations for fisheries: (1) information collection and analysis; (2) conservation and management; and (3) State and industry cooperative programs. Authorizes the construction of fisheries research facilities at: (1) Fort Johnson, South Carolina; and (2) Auke Cape, Alaska. Amends the Merchant Marine Act, 1936 to: (1) limit Fishing Vessel Obligation loan guarantees; (2) revise loan guarantee fees; and (3) temporarily prohibit new fishing vessel loan guarantees if vessel construction will increase harvesting capacity within the U.S. exclusive economic zone. Title IV: Program Administration and Support - Authorizes NOAA appropriations for: (1) executive direction and administrative activities; (2) facilities' acquisition and operations; (3) marine services; and (4) aircraft services. Provides for specified reductions in NOAA personnel. Authorizes appropriations for commissioned officers. Title V: Cost Savings and Streamlining - Transfers NOAA aeronautical charting functions to the Federal Aviation Administration. Directs the Secretary to develop plans for NOAA fleet reduction and laboratory consolidation. Directs the Secretary to: (1) convey the National Marine Fisheries Service laboratory in Gloucester, Massachusetts, to Massachusetts; and (2) undertake clean-up activities in the Pribilof Islands, Alaska. Directs the Secretary of the Navy to convey to the Secretary a portion of the Naval Base in Charleston, South Carolina.

Vancouver National Historic Reserve Act of 1996

United States · United States Congress · 7 August 1995

Vancouver National Historic Reserve Act of 1995 - Establishes the Vancouver National Historic Reserve in the State of Washington. (Sec. 5) Authorizes the Secretary of the Interior (Secretary), acting through the Director of the National Park Service, and the Secretary of the Army to participate as members of the Vancouver National Historic Reserve Partnership to oversee the protection, enhancement, and development of the Reserve. Requires the Partnership to: (1) act as a forum for cooperation and coordination among the member agencies; (2) minimize staffing, development, and operational costs to each member agency; (3) promote the coordinated protection, use, and interpretation of the cultural, recreational, and educational resources of the Reserve; (4) identify additional opportunities for appropriate public use and enjoyment of the Reserve; and (5) develop and coordinate implementation of the management plan, including the Pearson Airpark economic viability and mitigation plan, and an interpretive plan for the Reserve pursuant to this Act. Requires the Partnership to: (1) be comprised of a representative of each of the National Park Service, the Historic Preservation Office of the State of Washington, the Department of the Army, the city of Vancouver, and the citizens of Washington State; and (2) prepare and submit to the Secretary for review and approval a cooperative agreement, prepared with public participation, to govern the operations of the Partnership. (Sec. 8) Requires the Partnership to: (1) develop and submit a management plan for the Reserve to the Secretary for review and approval; and (2) as appropriate, submit a revised plan to the Secretary upon evaluating the progress made in implementing the original one. Allows the Partnership to enter into a memorandum of agreement with a State, a political subdivision, or a private person or organization that, at a minimum, establishes procedures for providing notice to the Partnership of actions proposed by such entity that may affect implementation of the management plan. (Sec. 9) Permits general aviation at Pearson Airpark that is permitted to be conducted on National Park Service (NPS) property on the enactment of this Act to continue after the year 2002, provided that: (1) Pearson AirField and Air Museum shall be operated by the city of Vancouver; (2) Vancouver pays the NPS a fee of $1 per year for the continued use and occupancy of the Airpark on NPS property and the appraised fair market land rental value of the portion of such property that is used for development of the Pearson Airpark Historical Museum; (3) all nonhistoric, aviation-related facilities and equipment shall be removed by Vancouver from NPS property by April 6, 2003, except those necessary for navigation and safety; (4) Vancouver shall not be compensated for historic aviation-related facilities or equipment remaining on NPS property, but shall be liable and responsible for continued use and maintenance of such facilities and equipment; (5) approval of the Secretary is required for all improvements and additions to facilities or equipment of the Air Museum located on NPS property; (6) helicopters shall not be based at Pearson Airpark except as necessary to accommodate emergency, disaster, or national security needs; and (7) the number of airworthy aircraft based at the Airpark shall be determined under the Pearson economic plan. Requires the Partnership to prepare and include in the management plan an economic viability and mitigation plan for the Pearson Airpark. (Sec. 10) Authorizes the Secretary to provide financial and technical assistance in preparing, developing, and implementing the management plan. (Sec. 12) Authorizes appropriations. Limits the Federal share of the costs of Partnership activities in a fiscal year to 50 percent.

National Defense Authorization Act for Fiscal Year 1996

United States · United States Congress · 7 August 1995

TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Other Programs Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Missile Defense Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Depot-Level Maintenance and Repair Subtitle C: Environmental Provisions Subtitle D: Civilian Employees Subtitle E: Defense Financial Management Subtitle F: Assistance for Civilian Activities Subtitle G: Operation of Morale, Welfare, and Recreation Activities Subtitle H: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Subtitle D: Authorization of Appropriations Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Matters Relating to Reserve Components Subtitle C: Uniform Code of Military Justice Subtitle D: Decorations and Awards Subtitle E: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities Subtitle E: Other Matters Title VII: Health Care Subtitle A: Health Care Services Subtitle B: TRICARE Program Subtitle C: Uniformed Services Treatment Facilities Subtitle D: Other Changes to Existing Laws Regarding Health Care Management Subtitle E: Other Matters Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Acquisition Reform Subtitle B: Other Matters Title IX: Department of Defense Organization and Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Naval Vessels Subtitle C: Counter-Drug Activities Subtitle D: Department of Defense Education Programs Subtitle E: Cooperative Threat Reduction With States of the Former Soviet Union Subtitle F: Matters Relating to Other Nations Subtitle G: Repeal of Certain Reporting Requirements Subtitle H: Other Matters Department of Defense Authorization Act for Fiscal Year 1996 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 to the Army, Navy, Marine Corps, and Air Force for the procurement of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1996 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; and (5) the defense health program. Subtitle B: Army Programs - Authorizes the Secretary of the Army to enter into multiyear procurement contracts for AH-64D Longbow Apache attack helicopters. (Sec. 112) States that a prohibition under a prior defense authorization Act against the procurement of military helicopters shall not apply to the obligation of funds for procurement of up to 20 AHIP Scout aircraft from funds appropriated under this title. (Sec. 113) Prohibits any funds available to the Department of Defense (DOD) for FY 1996 from being obligated to procure Hydra 70 rockets until the Secretary of the Army submits to the Congress certain certifications with respect to technical corrections in such rocket, the costs of such corrections, and related information. Authorizes the Secretary of Defense (Secretary) to waive such certification requirement in the national security interest. Subtitle C: Navy Programs - Earmarks funds appropriated under this Act for the final Seawolf attack submarine and the first two submarines under the New Attack Submarine (NAS) program. Earmarks funds under the FY 1997 defense authorization Act for design, advance procurement, and research, development, test, and evaluation (RDT&E) under the NAS program. Requires competition in the procurement of the Seawolf and the NAS. Prohibits certain actions in order to ensure that Electric Boat Division and Newport News Shipbuilding retain the technical competencies to construct the NAS. Limits the FY 1996-1999 expenditure of funds for the Seawolf and the NAS. Requires certain reports. (Sec. 122) Amends the National Defense Authorization Act for Fiscal Year 1995 to repeal a prohibition on the backfitting of Trident submarines. (Sec. 123) Earmarks funds authorized under this title for the initial and final increment funding for two Arleigh Burke class destroyers. (Sec. 124) Authorizes the Secretary to provide in the future-years defense program for split funding of construction of new naval vessels satisfying specified requirements. Authorizes the Secretary of the Navy to contract for the construction of a new naval vessel upon appropriation of a first increment of funding for construction of the vessel. Subtitle D: Other Programs - Prohibits FY 1996 DOD RDT&E funds from being obligated or expended for the Tier II Predator unmanned aerial vehicle program. (Sec. 132) Allows the obligation of only one-sixth of the funding for the unmanned aerial vehicle joint program office before the Secretary of the Navy must certify to the House Armed Services and Senate National Security Committees (defense committees) that such systems have been equipped with the common automatic landing and recovery system. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 for the armed forces for RDT&E and for basic research and exploratory development. Subtitle B: Program Requirements, Restrictions, and Limitations - Earmarks funds authorized under this title for specified phases of the AF117X long-range, medium attack aircraft. (Sec. 212) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to empower the Under Secretary of Defense for Acquisition and Technology with the responsibility for developing and testing naval mine countermeasures systems during FY 1997 through 1999. (Currently, the Director, Defense Research and Engineering has such responsibility during FY 1995 through 1999.) (Sec. 213) Allows the obligation of no more than 50 percent of the funds authorized under this title for the Tomahawk Baseline Improvement Program before the Secretary of the Navy must certify to the defense committees with respect to certain testing under the Program. (Sec. 214) Directs the Secretary of the Air Force to structure the development schedule for the Space and Missile Tracking System so as to achieve a first launch of a System satellite in FY 2001, and to attain initial operational capability of a full constellation of such satellites in FY 2003. Requires the concurrence of the Director of the Ballistic Missile Defense Organization with respect to certain decisions made under the System. Authorizes FY 1996 appropriations. (Sec. 215) Directs the Secretary to perform an analysis of the full range of precision guided munitions in production and in RDT&E. Requires a report to the Congress on the Secretary's findings. Provides funding limitations until such report is received. (Sec. 216) Earmarks funds authorized under this title for: (1) Defense Nuclear Agency funding; (2) the tunnel characterization and neutralization program; and (3) the long-term radiation tolerant microelectronics program (with a required report). (Sec. 217) Earmarks funds authorized under this title for the Counterproliferation Support Program. Authorizes the Secretary, in the national interest, to transfer to the Program funds otherwise made available to DOD in this Division for FY 1996. Limits to $50 million the total authorized amount of such transfers. (Sec. 218) Directs the Secretary to establish in the Office of the Under Secretary of Defense for Acquisition and Technology a Program Office for Nonlethal Systems and Technologies to conduct RDT&E of nonlethal weapons applicable to forces engaged in both traditional and nontraditional military operations. Provides funding. (Sec. 219) Authorizes the obligation of funds appropriated or otherwise made available to DOD for FY 1996 to procure work from a federally funded research and development center named in a report from the Secretary to the defense committees. Prohibits any funding for such procurement until the report is received. Earmarks funds authorized under this title for such purpose. Authorizes the Secretary to waive the funding limitation as long as notice of, and the reasons for, such waiver are sent to the defense committees. Reduces by $90 million the total amount authorized under this title for RDT&E. (Sec. 220) Amends the National Defense Authorization Act for Fiscal Year 1995 to revise the determination of States eligible for the awarding of grants under the Defense Experimental Program to Stimulate Competitive Research. (Sec. 221) Repeals, with respect to the national defense technology and industrial base, defense reinvestment, and defense conversion programs: (1) certain definitions; (2) specified policy objectives; (3) the commercial-military integration partnerships program; (4) the regional technology alliances assistance program; (5) the Military-Civilian Integration and Technology Transfer Advisory Board; (6) the Navy Reinvestment Program; (7) the manufacturing extension programs; and (8) the defense dual-use assistance extension program. (Sec. 222) Directs the Secretary to: (1) use the manufacturing science and technology joint planning process of the directors of DOD laboratories in establishing the DOD manufacturing science and technology program; and (2) seek the participation of equipment manufacturers in the projects under such program. (Sec. 223) Directs the Secretaries of Defense and Energy to jointly submit to the Congress a report on DOD plans and programs to prepare for and respond to military and civil defense emergencies resulting from a chemical, biological, radiological, or nuclear attack on the United States. Subtitle C: Missile Defense - Missile Defense Act of 1995 - States the missile defense policy of the United States. Directs the Secretary to establish a top priority core theater missile defense (CTMD) program consisting of specified systems. Requires the Secretary to ensure that CTMD systems are interoperable and fully capable of external sensor and battle management support from defense systems of the various armed forces. Directs the Secretary to terminate the Corps Surface to Air Missile System and the Boost Phase Interceptor. Directs the Secretary to develop an affordable development plan for follow-on theater missile defense systems which: (1) leverages existing systems, technologies, and programs; and (2) focuses investments to satisfy military requirements not met by the CTMD program. Requires specified reports from the Secretary to the congressional defense (armed forces and appropriations) committees. (Sec. 235) Directs the Secretary to develop an affordable and operationally effective national missile defense (NMD) system which will attain initial operational capability by the end of 2003. Outlines NMD system requirements. Requires the: (1) development of an interim operational capability until the NMD system is in place and operational; (2) use of streamlined acquisition procedures in meeting the development and operational capability requirements of the NMD system; (3) employment of cost saving measures which do not decrease the operational effectiveness of the system or pose unacceptable technical risks; and (4) submission of a report from the Secretary to the congressional defense committees on the plan for NMD deployment. (Sec. 236) Directs the Secretary to undertake an initiative to coordinate and strengthen the cruise missile defense programs, projects, and activities of the military departments and defense agencies and organizations to ensure the development and deployment of highly effective defenses against existing and future cruise missile threats. Outlines provisions concerning: (1) actions to be taken by the Secretary with respect to such initiative; and (2) submission by the Secretary to the congressional defense committees of a detailed implementation plan for carrying out the initiative. (Sec. 237) Expresses the sense of the Congress that: (1) the Senate should undertake a comprehensive review of the continuing value and validity of the ABM Treaty, and recommend additional policy guidance on the future application of such Treaty; and (2) the President should cease all efforts to modify, clarify, or otherwise alter U.S. obligations under such Treaty pending the outcome of the review. Directs the Secretary to provide the Senate with a complete, unclassified version of the ABM Treaty negotiating record, authorizing the Secretary to waive the declassification requirements on a document-by-document basis. (Sec. 238) States that, until a missile or air defense system is flight- tested in an ABM-qualifying flight test, such system, upgrade, or component: (1) has not been tested in an ABM mode, for Treaty purposes; and (2) is therefore not subject to Treaty application, limitation, or obligation. Prohibits appropriated funds from being expended or obligated by any government official to apply such Treaty to RDT&E or deployment of such non-qualifying air or missile defense systems. Ceases the application of such prohibition when a system is flight tested in an ABM-qualifying manner. Requires the Secretary to annually certify to the Congress that no U.S. air or missile defense system is being constrained by the ABM Treaty in a manner inconsistent with this section. Finds that ballistic missile range and velocity parameters should be subject to the Senate's review under section 237. (Sec. 239) Requires amounts requested for activities of the Ballistic Missile Defense Organization in annual budget justification materials submitted to the Congress to be set forth in accordance with specified program elements. Provides the origin of funding for non-core TMD, core TMD, and battle management, control, communications, and intelligence programs. Requires each program element to include requests for amounts necessary for management and support of the programs. (Sec. 241) Repeals various missile defense provisions of specified Acts made inconsistent by this Subtitle. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 for the armed forces and specified agencies and activities of DOD for operation and maintenance (O&M). Authorizes appropriations for FY 1996 for: (1) DOD working capital and revolving funds; and (2) operation of the Armed Forces Retirement Home. (Sec. 304) Transfers a specified amount from the National Defense Stockpile Transaction Fund to O&M accounts for FY 1996. Subtitle B: Depot-Level Maintenance and Repair - Directs the Secretary to develop and report to the defense committees a comprehensive policy on the performance of depot-level maintenance and repair (DLMR) for DOD, with a primary objective of a ready and controlled source of technical competence and repair and maintenance capabilities necessary for national security across a full range of current and projected training and operational requirements. Repeals: (1) a current requirement that no more than 40 percent of the DOD DLMR be performed by non-Government personnel; and (2) a provision prohibiting the contracting out of DOD DLMR activities of at least $3 million without using competitive selection procedures. (Sec. 312) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1996 the authority for aviation depots and naval shipyards to engage in defense-related production and services. Subtitle C: Environmental Provisions - Allows agreements for environmental restoration services performed by another Federal or State agency to provide for reimbursement to such agency only of the technical and scientific services obtained, with an FY 1996 reimbursement limitation of $5 million. Allows the Secretary to pay reimbursement expenses in excess of such amount after certifying to the Congress that such payment is essential for the management of the Defense Environmental Restoration Program, and 60 days have expired since such certification. Directs the Secretary to include in required annual reports the services obtained from such agencies on a reimbursable basis. (Sec. 322) Amends the Federal Water Pollution Control Act to apply its vessel discharge requirements to discharges incidental to the normal operations of a military vessel, other than sewage, unless the Secretary finds that compliance would not be in the best interests of national security. Directs the Secretary and the Administrator of the Environmental Protection Agency (EPA) to jointly determine the discharge incidental to the normal operation of a military vessel for which it is reasonable and practicable to require the use of a marine pollution control device in order to mitigate adverse impacts on the marine environment, and to promulgate Federal standards of performance for such devices with respect to the discharge. Provides time limits for initial determinations and final standards. Preempts a State or political jurisdiction from adopting or enforcing such standards for a military vessel after final Federal regulations are in effect, but allows a State to completely prohibit any discharge from a vessel into waters of the State when its water quality requires greater environmental protection than that afforded by the Federal standards. Requires the EPA Administrator to then take specified enforcement action with respect to such prohibition. Requires a State to specifically explain why a prohibition would apply only to military vessels and not other types. Limits the application of such regulations with respect to design, construction, manning, or equipment standards on foreign flagged vessels engaged in passage. Provides for interagency cooperation in the development of appropriate standards under the marine vessel discharge requirements of such Act. (Sec. 323) Revises Federal provisions concerning: (1) the establishment of restoration advisory boards; (2) funding for the administrative expenses of such boards; and (3) the provision of technical assistance grants for determining the nature of environmental hazards at a military installation to be closed under a base closure law and the restoration activities proposed or conducted there. Provides funding for such activities to the extent provided in appropriation Acts, with an FY 1996 limit of $4 million. Requires reports from technical review committees or restoration advisory boards formed for such purpose to be included in an annual DOD report on environmental restoration activities. Subtitle D: Civilian Employees - Provides the minimum FY 1996 and 1997 number of personnel to be employed as military reserve technicians. (Sec. 332) Exempts DOD from personnel ceilings for civilian personnel. (Sec. 333) Requires military reserve technicians to wear the uniform appropriate for the member's grade and component while performing technician duties. Provides a uniform or clothing allowance for such technicians. (Sec. 334) Extends through January 31, 1996, the temporary authority to pay evacuation pay to civilian DOD employees and their dependents and immediate family members evacuated from Guantanamo, Cuba, pursuant to an order issued by the Secretary. Requires a monthly report from the Secretary of the Navy regarding the employees being so paid. (Sec. 335) Authorizes the transfer of civilian employees between the DOD domestic dependent schools and the overseas defense dependents' education system. (Sec. 336) Revises the authority of the Secretary to appoint involuntarily separated military reserve technicians who have served for a specified minimum period to positions within DOD for which such individual is qualified. (Sec. 337) Includes employees voluntarily separated under reduction-in- force procedures among those eligible for continued health insurance coverage for a temporary period. (Sec. 338) Makes inapplicable to DOD: (1) the 120-day limitation on the detail of certain Federal employees; and (2) required biannual reports concerning progress made in meeting part-time career employment goals. (Sec. 340) Authorizes the Secretary or the Secretary of a military department to release from employment those individuals who volunteer under a reduction in force. Terminates such authority at the end of FY 1996. (Sec. 341) Authorizes DOD to make lump-sum severance payments to its employees, requiring a refund of the pro rata share of such pay if such individual is reemployed. Terminates such authority as of the end of FY 1999. (Sec. 342) Adjusts the holiday observance day for DOD employees whose basic workweek is other than Monday through Friday. (Sec. 343) Includes DOD nonappropriated fund instrumentality employees within a Federal provision authorizing flexible and compressed work schedules. Subtitle E: Defense Financial Management - Prohibits funds authorized to be appropriated to DOD by this Act from being obligated for a capital lease for the establishment of a DOD financial management training center until 90 days after the Secretary submits to the defense committees a certification of the need for such a center as well as a report on financial management training for DOD personnel. (Sec. 352) Prohibits the Secretary during FY 1996 from establishing any center for the Defense Finance and Accounting Service not operating on the date of enactment of this Act unless the Secretary reports to the Congress a need for such new center and 30 days have elapsed since the receipt of such report. Requires the Secretary, before submitting such report, to reexamine the need for any new center. Subtitle F: Miscellaneous Assistance - Authorizes the Secretary of the Army or Air Force to provide for participation of its National Guard in joint disaster and emergency assistance exercises. (Sec. 362) Prohibits funds authorized in this or any other Act from being obligated or expended for: (1) the Office of Civil-Military Programs within the Office of the Assistant Secretary of Defense for Reserve Affairs; or (2) the Office of Humanitarian and Refugee Affairs within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. (Sec. 363) Revises Federal provisions establishing the Civil-Military Cooperative Action Program to: (1) allow only the reserve components (currently, all of the armed forces) to participate in the Program; (2) revise the Program objectives; and (3) eliminate the establishment of Federal or regional advisory councils for the Program. Subtitle G: Operation of Morale, Welfare, and Recreation Activities - Makes inapplicable to the Coast Guard a Federal provision limiting the authorized amount of funds to be retained in the morale, welfare, and recreation (MWR) account of an armed force. (Sec. 372) Authorizes the MWR retail facilities to sell items according to regulations prescribed by the Secretary. Prohibits certain sale restrictions from being included in such regulations. Directs the Secretary to report to the defense committees identifying each restriction in effect with respect to exchange stores and other revenue-generating facilities operated by nonappropriated fund activities of DOD for the MWR of its members. (Sec. 373) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal the requirement to convert naval ships' stores to nonappropriated fund instrumentalities. Subtitle H: Other Matters - Makes funds from the National Defense Sealift Fund available for expenses of the Ready Reserve component of the National Defense Reserve Fleet. (Sec. 382) Prohibits the Secretary of the Navy from contracting for the construction of any additional sealift ship by a contractor unless such Secretary has submitted to the Congress, at least 60 days before entering into a contract, a certification: (1) with respect to the history of such contractor in meeting cost requirements under any former sealift construction contract; or (2) that such contractor is financially capable of constructing such additional sealift ship without financial assistance from the Government. (Sec. 383) Requires a specified conditional portion of the amount recovered by the government in a fiscal year for losses and expenses incurred by DOD as a result of contractor fraud at military installations to be credited to appropriations accounts of DOD on the basis of the losses actually suffered at each installation as a result of such fraud. Provides appropriate uses of such amounts by the military departments. (Sec. 384) Authorizes lost, abandoned, or unclaimed property found on a military installation to be sold (after reasonable efforts to find the property's owner) and the proceeds credited to the O&M account of such installation to be used to reimburse the installation for sale costs, and, if amounts still remain, to support MWR activities at the installation. Repeals a demonstration program concerning the use of such proceeds under the National Defense Authorization Act for Fiscal Years 1992 and 1993. (Sec. 385) Authorizes the Secretary of the Navy to sell certain designated articles and items of clothing to members of the Navy and Marine Corps, under specified conditions. Directs such Secretary to sell subsistence supplies to members of other armed forces at prices charged to Navy and Marine Corps personnel (equivalent prices). Authorizes such Secretary to sell serviceable supplies other than subsistence supplies to members of other armed forces for the buyers' use in the service. Authorizes persons who have been honorably discharged from any military department and are receiving medical care through the Public Health Service or the Department of Veterans Affairs to buy subsistence supplies at equivalent prices. Authorizes such Secretary to sell to honorably discharged individuals exterior articles of uniform at equivalent prices. Authorizes such Secretary to sell ships' stores to appropriate civilian officers and employees of the United States at military installations: (1) outside the United States; and (2) inside the United States if it is impractical for such officers and employees to obtain such stores from commercial enterprises without impairing the efficient operation of military activities. Requires sales to civilian officers and employees inside the United States to be made only to those residing within military installations. (Sec. 386) Requires, on and after October 1, 1995, the Civilian Marksmanship Program to be operated as a nonappropriated fund instrumentality of the United States within DOD for the benefit of military personnel and for the promotion of rifle practice and firearms safety among civilians. Requires the Program to be under the general supervision of the Advisory Committee for the Promotion of Rifle Practice and Firearms Safety, which replaces the National Board for the Promotion of Rifle Practice. Outlines funding provisions for the Advisory Committee. Provides authorized Program activities, including the operation and maintenance of rifle ranges, firearms marksmanship instruction and safety, and firearms competitions. Authorizes the Program to issue arms, ammunition, targets, and related equipment and supplies to gun clubs providing training to various youth organizations. Authorizes the sale of such items to other gun clubs and citizens for Program purposes. Requires the Program Director, before conveying any weapon or ammunition to a person, to provide for a criminal records check of the person with appropriate Federal and State law enforcement agencies. Authorizes the Director to impose reasonable fees for persons and gun clubs participating in any Program activity. Directs the Secretary of the Army to reserve for the Program all remaining M-1 Garand rifles and related accessories still held by the Army. Outlines participation conditions for military personnel participating in rifle instruction and competitions. (Sec. 387) Directs the Secretary of Defense to report to the Congress describing the advantages and disadvantages of using contractor personnel, rather than civilian DOD employees, to perform DOD functions that are not essential to the military warfighting mission. (Sec. 388) Prohibits the Secretary of Education from considering any payment made to a local educational agency (LEA) by DOD that is available for current expenditures and used for capital expenses as funds available to the Department of Education for Federal impact aid purposes. Outlines conditions under which an LEA shall be eligible to receive additional assistance as a heavily impacted LEA (an LEA having a high proportion of Federally connected children in its schools). Revises provisions concerning the determination of the amount of such aid to LEAs, with a special rule in the case of a heavily impacted LEA. Revises generally provisions concerning the requirement of the use of current year data for providing appropriate assistance to heavily impacted LEAs. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1996. Authorizes a temporary variation in the end strengths for active-duty Navy and Air Force officers in specified grades. (Sec. 403) Prohibits from being counted against officer personnel end strength limits an officer continuing to hold a general or admiral grade after serving as the Chairman of the Joint Chiefs of Staff or the head of a military department. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1996 for Selected Reserve personnel, authorizing the Secretary to vary such end strengths by up to two percent. Provides the end strengths for members of the reserve serving on active duty in support of the reserve. Increases the number of officers of certain grades authorized to serve on such duty. (Sec. 414) Excludes from inclusion in military personnel end strength limitations: (1) members of the Selected Reserve of the Ready Reserve on active duty for more than 180 days in support of cooperative threat reduction programs; and (2) members of the reserve on active duty for 180 days or more for military-to-military contacts and other similar activities. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1996 military training student loads, allowing for certain adjustments consistent with authorized end strengths. Subtitle D: Authorization of Appropriations - Authorizes appropriations to DOD for FY 1996 for military personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Reduces from 1,000 to 500 the number of officers to be designated by the Secretary for critical joint duty assignment positions. Authorizes the Secretary to credit an officer for additional joint duty for service in an assignment any portion of which was performed on or after the date of enactment of this Act and which provided significant experience in joint matters, as long as the officer is recommended for such credit by the head of his or her military department. Grants such credit on a case-by-case basis, requiring the Secretary to prescribe uniform criteria for such credit. Requires information on officers receiving such credit to be included by the Secretary in a required annual report. Exempts general and flag officers from a provision limiting the number of officers receiving such credit in a fiscal year to ten percent of the total number of officers in that pay grade selected for the joint specialty in that fiscal year. Considers an officer to have completed a full tour of joint duty upon completion of a second joint duty assignment that is less than the period required for a first joint duty assignment, but not less than two years, whether or not a minimum joint tour duty length waiver was granted for such officer. (Sec. 502) Reduces from six to five years the minimum service obligation for graduates of the various military service academies. Requires the Secretary to: (1) review the effects that such service periods will have on the number and quality of eligible applicants seeking appointment; and (2) report findings and recommendations to the defense committees. (Sec. 503) Requires any officer appointed Surgeon General of an armed force to be educationally and professionally qualified to furnish health care to other persons, including doctors of medicine, dentistry, and osteopathy, nurses, and clinical psychologists. (Sec. 504) Requires an officer appointed as Deputy Judge Advocate General of the Air Force: (1) to be appointed for a four-year tenure (currently two); and (2) who holds a lower regular grade to be appointed in the regular grade of major general. (Sec. 505) Includes all officers above the major or lieutenant commander grades (currently, above such grades but below lieutenant general or vice admiral) within current eligibility requirements for voluntary retirement. Allows certain general and flag officers to be retired in the highest grade held by such officer only after the Secretary certifies to the President and the Senate that such officer served satisfactorily on active duty in that grade. (Sec. 506) Extends through FY 1996 certain reserve officer management authorities. (Sec. 507) Prohibits an officer from being frocked (authorized to wear the insignia of a higher grade before being promoted to such grade) unless: (1) the Senate has confirmed such officer's nomination for promotion to such grade; and (2) the officer is serving in, or has been ordered to, a position for which that grade is authorized. Prohibits pay, seniority, and time in service benefits from being accrued by frocked officers. Limits the total number of frocked officers in specified grades on the active-duty list. Authorizes a variation for FY 1996 and 1997 in the number of such officers. (Sec. 508) Authorizes the Secretary of the Army to retire any Director of Admissions of the United States Military Academy who has more than 30 years of service as a commissioned officer. Subtitle B: Matters Relating to Reserve Components - Establishes the Department of Defense Ready Reserve Income Insurance Program, administered by the Secretary, to insure Ready Reserve members against the risk of being ordered into covered service. Provides 30 days' automatic enrollment in the Program, with an exception, upon first becoming a member. Requires a member to enroll within such period. Provides as the basic benefit of such insurance $1,000 per month during the period of covered service, allowing a member to elect to reduce or enhance such benefit in specified increments. Defines "covered service" as active duty for more than 30 days in support of involuntary operational missions or during a period of war or national emergency. Requires the Secretary to prescribe the premium rates for such insurance, to be deducted and withheld from the member's basic pay. Authorizes the Secretary to advance to an insured member the amount equal to the first insurance premium payment due. Establishes in the Treasury the Department of Defense Ready Reserve Income Insurance Fund, into which shall be deposited the collected premiums, any amounts appropriated to the Fund, and investment returns. Requires: (1) investing of Fund assets by the Secretary; and (2) a required annual accounting of the Fund. Requires the DOD Education Benefits Board of Actuaries to have actuarial responsibility for the Program. Requires the Board to carry out periodic actuarial valuation of benefits, determine appropriate premium rate methodology, and recommend to the Secretary a premium rate schedule in the event of actuarial gains or losses to the Fund due to changes in actuarial assumptions. Directs the Secretary to request the President to request from the Congress a special appropriation in the event of insufficient Fund assets. Provides for the payment of benefits to designated recipients. Authorizes the Secretary to purchase insurance from eligible insurers in order to provide the benefits required under the Program, allowing the Secretary to terminate such insurance policy at any time. Requires termination of insurance coverage for a member for the nonpayment of premiums, as well as insurance forfeiture upon conviction of certain crimes against the country or refusal to perform service or wear the uniform. (Sec. 512) Includes dentists in critical specialties (currently, only physicians) within a program providing financial assistance for health care professionals in the reserve components. (Sec. 513) Allows reserve personnel performing public safety duty to charge such period of absence to accrued annual leave or compensatory time available. Subtitle C: Uniform Code of Military Justice - Amends the Uniform Code of Military Justice (UCMJ) to provide that if evidence adduced during a military investigation indicates that an accused committed an uncharged offense, then the investigating officer may investigate such additional matter without the accused having first been charged with that offense. (Sec. 524) Requires the imposition of a fine, imprisonment, or both, for an individual who refuses to testify before a court-martial. (Sec. 525) Requires individuals found to be incompetent to stand trial under the UCMJ to be committed to the custody of the Attorney General for hospitalization, examination, and treatment. Provides, depending on hospitalization and examination results, for either continued hospitalization of such individual or release to the convening authority of the court-martial. Requires a person found not guilty by reason of lack of mental responsibility to be committed to a suitable facility until the person is eligible for release after examination and an appropriate hearing. (Sec. 526) Requires any forfeiture of pay or allowances or reduction in grade included in a court-martial sentence to take effect on the earlier of: (1) 20 days after the sentence is adjudged; or (2) the date on which the sentence is approved by the convening authority (current law). Authorizes the convening authority to defer such forfeitures or reduction until the date on which the sentence is approved. Requires court-martial sentences that include confinement for one year or more, death, dishonorable discharge, or dismissal to result in the forfeiture of all pay and allowances due to such member during the confinement or parole. Authorizes the waiver of such forfeitures for up to six months in the case of dependents of such individual. Requires the repayment of all such pay and allowances if the sentence is set aside or disapproved. Revises provisions concerning the deferment of a sentence of confinement in the case of an individual in the custody of a State or foreign country. (Sec. 528) Requires all matters submitted to the convening authority for consideration after a trial by court-martial to be in writing. (Sec. 529) Authorizes a proceeding in revision to correct clerical mistakes in a judgment, order, or other part of the record or any error arising from oversight or omission. (Sec. 530) Provides for appeal by the United States from certain orders or rulings made by a military judge in a court-martial in which a punitive discharge may be adjudged. (Sec. 531) Includes flight from arrest as a punishable action under the UCMJ. (Sec. 532) Removes a gender reference with respect to the UCMJ offense of carnal knowledge with a person under 16 years of age. Provides that, in such a prosecution, it is a defense that the other person was at least 12 years of age and the accused reasonably believed such person to be at least 16. (Sec. 533) Requires newly enlisted personnel to be instructed in the UCMJ within 14 (currently six) days after entrance into active or reserve duty. (Sec. 535) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal the September 30, 1995, delimiting date on the authority of the Chief Justice of the Supreme Court to appoint Federal or district court judges to serve on the U.S. Court of Appeals for the Armed Forces. (Sec. 536) Directs the Secretary and the Attorney General to jointly establish an advisory panel to review and make recommendations on jurisdiction over civilians accompanying military personnel in time of armed conflict. Requires reports. Subtitle D: Decorations and Awards - Authorizes the President to award the Purple Heart to certain persons who were taken prisoner or held captive while serving in the U.S. armed forces before April 25, 1962, and were wounded while being taken prisoner or held captive. Excepts from such awards persons convicted of rendering assistance to the enemy. (Sec. 542) Authorizes the Secretary or the Secretary of a military department to award a decoration to any person for an act, achievement, or service performed while serving on active duty during the Vietnam era. Directs the Secretary of each military department to review all recommendations received for such decorations, and to report findings concerning such review and awards to the defense committees. (Sec. 543) Expresses the sense of the Congress that the Secretaries of the military departments should review the service records of military personnel who performed military intelligence duties between January 1, 1940, and December 31, 1990, in order to determine whether, by reason of mission secrecy, any such personnel were not properly considered for decorations and awards, and if so, to so consider such personnel for such awards. Exempts such consideration from certain time limitation provisions. Subtitle E: Other Matters - Directs the Secretary to establish within his Office an office responsible for the policy, control, and oversight of the entire process for the investigation and recovery of missing persons, as well as the coordination of DOD efforts on such matters with other Federal departments and agencies. Requires search and rescue responsibilities to be established by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Requires the establishment of uniform procedures for the: (1) determination of the status of such persons; and (2) collection, analysis, review, dissemination, and periodic update of related information. Requires the commander of the unit or facility where a person was assigned to make an initial report to the Secretary after receiving information that the whereabouts of a person are uncertain and that the absence may be involuntary. Requires the Secretary to appoint a board to conduct an inquiry as to the whereabouts of a missing person. Directs the board to make a recommendation to the Secretary as to the whereabouts or status of such persons. Prohibits such board from declaring a person dead unless the evidence before it establishes conclusive proof of such person's death. Requires board proceedings to be closed to the public (including the next of kin). Directs the Secretary, after receiving a board recommendation, to determine whether such person shall continue to have a missing status, be declared to have deserted or be absent without leave, or be declared dead. Requires a report to family members and other interested persons. Requires the appointment of an additional board if further information becomes available. Allows the next of kin and other family members to attend inquiries held by the subsequent board. Requires a recommendation by the subsequent board, as well as a report to the Secretary. Directs the Secretary to review such report (together with any objections to board findings filed by family members and other interested persons attending the subsequent board inquiry), and to take appropriate action with respect to a person's status, including notification to family members and other interested persons. Requires, with specified exceptions concerning classified or privileged information or privacy, the Secretary having jurisdiction over a missing person to ensure that the person's personnel file contains all available information relating to the person's disappearance, whereabouts, or status. Prohibits any board from declaring a person dead unless: (1) credible evidence exists; (2) the United States possesses no credible evidence to suggest that such person is alive; and (3) representatives of the United States have made a complete search of the area where the person was last seen and have examined the records of the government or entity having control over such area. Provides additional information to be included in a report when a person is declared dead. Allows military pay for the full time of absence for any person in a missing or dead status under the Missing Persons Act of 1942 who is found alive and is returned to the control of the United States. Directs the Secretary concerned, upon the enlistment or appointment of a person into the armed forces, to require such person to specify the individual to receive information as to the member's whereabouts or status if necessary. Directs the Secretary of State to carry out a comprehensive study of the Missing Persons Act of 1942 and related laws and regulations with respect to accounting for civilian employees or contractors of the United States who serve with or accompany military personnel in the field to determine the means, if any, by which such procedures may be improved. Directs such Secretary to report study results, together with appropriate recommendations for change, to the defense committees. (Sec. 552) Amends the UCMJ to state that the period during which an officer deserts, is absent from duty, is confined by military or civilian authority for more than one day for a trial, or is unable for more than one day to perform his or her duties shall not be counted in computing such officer's length of military service. Provides that the time required to be made up by either an enlisted member or an officer due to such reasons may not be counted in computing years of service. (Sec. 553) Provides for separation from service in cases involving persons sentenced to confinement for one year or more. (Sec. 554) Removes the six-month limit on the duration of field training or practice cruise required under the Senior ROTC Program. (Sec. 555) Authorizes the Secretary of each military department to: (1) review the military record compilation process for potential improvements in the correction of such records; and (2) report study findings and recommendations to the Secretary, who in turn shall transmit such reports to the defense committees. (Sec. 556) Prohibits the Secretary from reducing below a specified amount for FY 1996 and thereafter the total number of DOD medical personnel unless he certifies to the Congress that: (1) the number being reduced is excess to current and projected needs; and (2) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Requires the Assistant Secretary of Defense responsible for health affairs to submit to the congressional defense committees a plan for the reduction in the number of such personnel over a five-year period beginning on October 1, 1996. (Sec. 557) Repeals, with respect to the military service academies, the requirement that the: (1) position of athletic director shall be a position in the civil service; and (2) Superintendent of such academy shall administer a nonappropriated fund account for the athletics program at such academy. (Sec. 558) Prohibits any funds available to DOD from being obligated to carry out a test program for determining the cost effectiveness of transferring to the private sector the operations of one or more military academy preparatory schools. (Sec. 559) Directs the Secretary and the Attorney General to jointly establish an advisory panel on centralized review of DOD administrative personnel actions. Requires a report from the panel to the Secretary and the Attorney General, to be transmitted, together with comments, to the Congress. Terminates the panel 30 days after submission of its report. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1996 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay and basic allowance for subsistence (BAS) by 2.4 percent and the basic allowance for quarters (BAQ) by 5.2 percent, on January 1, 1996. (Sec. 602) Authorizes a member without dependents who is in pay grade E-6 and who is assigned to U.S. quarters that do not meet minimum adequacy standards established by DOD for such pay grade to elect not to occupy such quarters and instead receive the BAQ prescribed for his or her pay grade. (Sec. 603) Authorizes as of July 1, 1996, the payment of a BAQ for enlisted personnel in the pay grade of E-6. (Sec. 604) Prohibits the reduction of the minimum monthly variable housing allowance (VHA) for members living in high cost areas as long as such member maintains uninterrupted eligibility to receive the VHA within that area and his or her certified housing costs are not reduced. Increases the total amount available for the VHA to cover additional payments permitted under this section. Requires an implementation report from the Secretary to the Congress. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1997: (1) certain enlistment and reenlistment bonuses for the reserves; (2) the nurse officer candidate accession program; (3) the accession bonus for registered nurses; (4) incentive special pay for nurse anesthetists; (5) the authority relating to the payment of other bonuses and special pay for active duty officer and enlisted personnel; and (6) the authority of the Secretary concerned to repay education loans for certain health professionals who serve in the Selected Reserve of a military department. (Sec. 614) Provides to both warrant officers (current law) and enlisted members of specified grades hazardous duty incentive pay for service as air weapons controllers. (Sec. 615) Reduces from nine to eight of the first 12 years of aviation service the period during which an officer must perform operational flying duties in order to receive aviation career incentive pay. (Sec. 617) Provides continuous entitlement to career sea pay for crew members of a ship designated as a tender-class ship. (Sec. 618) Authorizes the Secretary concerned, effective as of January 1, 1996, to increase to a maximum of $375 monthly the rate of special duty assignment pay for enlisted personnel serving as military recruiters. Subtitle C: Travel and Transportation Allowances - Repeals a requirement that DOD travel allowances must be based on distances established over the shortest normally traveled route, and under mileage tables prepared under the direction of the Secretary. (Sec. 622) Provides a departure allowance when dependents of military personnel are authorized (currently, only when ordered) by competent authority to depart from an area. (Sec. 623) Provides a dislocation allowance for those directed to move as a result of a base closure or realignment. (Sec. 624) Includes students who cease to be enrolled in a foreign institution of higher education within a provision authorizing the Secretary concerned to return to the United States formerly dependent children of military personnel who attain a nondependent age while overseas. Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes certain members of the Ready Reserve to use DOD commissary stores for a period of one year on the same basis as members on active duty. (Currently, such members are permitted such use for 12 days of any calendar year during which the members are eligible.) (Sec. 632) Authorizes full commissary use (currently limited to 12 days a year) for members of the Retired Reserve (and their survivors) who are under 60 years of age and would be eligible for retired pay except that they are under such age. (Sec. 633) Authorizes the use of MWR facilities on the same basis as members on active duty for: (1) members of the Selected Reserve in good standing; (2) members of the Ready Reserve other than members of the Selected Reserve; and (3) members of the reserve under age 60 who would be eligible for retired pay except that they are under such age. Allows such use for the dependents of (1) and (3), above. Subtitle E: Other Matters - Makes first payable in March (currently, September) of the following year cost-of-living increases for military retired pay that become effective in 1994 or 1995 (currently, 1994 through 1997). (Sec. 642) Makes ineligible for retired pay a person who is convicted of an offense under the UCMJ and whose executed sentence includes death, a dishonorable or bad conduct discharge, or dismissal (in the case of an officer). (Sec. 643) Allows to be deducted from the pay of: (1) a Federal employee the administrative costs of executing legal process in a garnishment action; and (2) members of the armed forces the administrative costs of establishing and maintaining an involuntary allotment from military pay. Provides for the disposition of amounts withheld for such administrative costs. (Sec. 644) Increases from $100,000 to $200,000 the maximum amount of life insurance coverage under the Servicemen's Group Life Insurance (SGLI). Repeals a provision authorizing a member to increase such coverage amounts in increments of $10,000 to a maximum of $200,000. (Sec. 645) Terminates SGLI coverage for members of the Ready Reserve who fail to pay the required premiums 120 days after the Secretary concerned transmits to such member a termination notification. (Sec. 646) Directs the Secretary to report to the Congress on the possible extension to junior noncommissioned officers (pay grades E-5 and 6) the same privileges provided for senior noncommissioned officers (those above E-6), including the privileges to mess (eat) separately and to receive a BAS. (Sec. 647) Authorizes the payment to survivors of deceased military personnel of all leave accrued but unused. (Sec. 648) Directs the Secretary concerned to pay an annuity to the qualified surviving spouse of each member of the armed forces who: (1) died before March 21, 1974, and was entitled to retired or retainer pay on the date of death; and (2) was a member of a reserve component during the period beginning on September 21, 1972, and ending on October 1, 1978, and at the time of death would have been eligible for retired or retainer pay except that the person was under 60 years of age. Defines a qualified spouse as one who has not remarried and is not eligible for an annuity under the Survivor Benefit Plan. Provides an annuity amount of $165 monthly, adjusted periodically with cost-of-living increases. (Sec. 649) Provides transitional compensation for dependents of all members (currently, active-duty personnel) separated from service for dependent abuse. Title VII: Health Care - Subtitle A: Health Care Services - Authorizes the provision of authorized medical care and services under CHAMPUS for surviving dependents of Retired Reserve personnel who die before age 60. (Sec. 702) Authorizes the Secretary to establish a dental insurance plan for members of the Selected Reserve of the Ready Reserve. Requires within such plan voluntary enrollment and premium sharing between DOD and the members enrolled, with a member premium limit of $25 monthly. Outlines provisions concerning plan benefits and termination. Authorizes appropriations. (Sec. 703) Provides under CHAMPUS: (1) for military dependents under six years old, health promotion and disease prevention visits, as well as immunizations; and (2) for those six years old or older, health promotion and disease prevention visits in connection with immunizations or with diagnostic or preventive pap smears and mammograms. (Sec. 704) Makes permanent (currently ends September 30, 1995) the authority of the Secretary to carry out a specialized treatment facility program. (Sec. 705) Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to make special provisions for the enrollment under Medicare Part B of retired military personnel (and their dependents) who are eligible as covered beneficiaries for CHAMPUS medical and dental care and who are adversely affected by the closure of a military medical treatment facility of DOD pursuant to the closure or realignment of a military installation. Waives the Medicare Part B late enrollment penalty for such individuals. Subtitle B: TRICARE Program - Requires a military medical facility to provide to the covered beneficiaries enrolled in a health care plan of such facility the same health care benefits as are available to covered beneficiaries in that catchment area under the DOD managed health care program (TRICARE Program). Provides transitional provisions. (Sec. 713) Expresses the sense of the Senate that the Secretary should take steps to ensure that covered CHAMPUS beneficiaries who are also eligible for Medicare and reside in a TRICARE region have adequate access to health care services after the implementation of the TRICARE Program in that region. (Sec. 714) Directs the Secretary during FY 1996 to carry out a pilot program, in a region in which the TRICARE Program has been implemented, for the provision of wraparound services (individualized mental health services provided in return for payment on a case-by-case basis) to covered beneficiaries who are children in need of such services. Requires a pilot program: (1) agreement, with specified requirements, between the Secretary and a mental health services provider; and (2) report from the Secretary to the defense committees. Subtitle C: Uniformed Services Treatment Facilities - Amends the Department of Defense Authorization Act, 1984, to extend through September 30, 1997, the authority of specified Secretaries to terminate the status of certain medical facilities as uniformed services treatment facilities (USTFs). (Sec. 722) Amends the National Defense Authorization Act for Fiscal Year 1991 to subject USTFs and any participation agreement between USTFs and the Secretary to the Federal Acquisition Regulation (FAR). (Sec. 723) Makes a USTF responsible for paying charges imposed by a private facility or health care provider for providing care outside the catchment area of the USTF to a member of the armed forces enrolled in a USTF health care plan. Directs the Secretary to require a CHAMPUS health care provider to provide such care in accordance with the same payment rules. Subtitle D: Other Changes to Existing Laws Regarding Health Care Management - Makes available for two fiscal years three percent of the funds authorized to be appropriated for a fiscal year for programs and activities carried out under CHAMPUS. (Sec. 732) Provides the maximum allowable payment to individual health care providers under CHAMPUS, with an exception when necessary to ensure that covered beneficiaries retain adequate access to health care services. Provides transition provisions. (Sec. 733) Authorizes the Secretary of Transportation (currently, only the Secretary of Defense) to enter into personal services contracts to carry out health care responsibilities with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy. Ratifies any such contract entered into before the effective date of this Act. (Sec. 734) Amends title XI (General Provisions and Peer Review) of the Social Security Act to authorize the use of information contained in the Medicare and Medicaid Data Bank to assist in the identification of, and collection from, third parties responsible for the reimbursement of costs incurred by the United States for health care services furnished to CHAMPUS beneficiaries. Subtitle E: Other Matters - Authorizes the Board of Regents of the Uniformed Services University of the Health Sciences to establish at the University a program of research on the furnishing of care and services by nurses in the armed forces, to be known as the TriService Nursing Research Program. Requires Program administration by a TriService Nursing Research Group composed of military nurses who are involved in military nursing research and designated by the Secretary concerned. Provides research topics. (Sec. 742) Establishes a Fisher House Trust Fund in both the Army and the Air Force, funds of which are to be used for the operation of Fisher houses, which are housing facilities located in proximity to military medical treatment facilities and available for residential use on a temporary basis by patients at such facilities, as well as their family members or others providing the equivalent of familial support for such patients. Requires expenditures from such trust funds to be made only under annual appropriations and only if specifically authorized by law. (Sec. 743) Includes the Coast Guard within a Federal provision limiting the prices that may be charged to certain Federal departments and agencies by manufacturers of pharmaceuticals when purchased for use in medical facilities of such departments and agencies. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Reform - Requires funds appropriated for any fiscal year after 1995 that are administratively reserved or committed for satellite on-orbit incentive fees to remain available for obligation until the fee is earned, but only if and to the extent that applicable Federal law is complied with in the reservation and commitment of funds for such purpose. (Sec. 802) Amends the Office of Federal Procurement Policy Act to require an executive agency to publish for at least ten days in advance a notification of the intent to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000. (Current law has no price limits on such required notification.) (Sec. 803) Amends the Federal Acquisition Streamlining Act of 1994 to require the head of a Federal agency to make management decisions on all findings and recommendations set forth in an audit report of the inspector general of such agency within a maximum of six months after the issuance of the report, and to make such decisions on findings and recommendations of an audit report from outside the Federal Government within six months after the date on which the head of the agency receives the report. Requires completed actions with respect to an inspector general's findings and recommendations within 12 months after the date of the inspector general's report. (Sec. 804) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to direct the Secretary to establish a test program under which contracting activities in the military departments and defense agencies are authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of comprehensive subcontracting plans will reduce administrative burdens on contractors while enhancing opportunities provided under DOD contracts for small businesses as well as small businesses owned and controlled by socially and economically disadvantaged individuals. Requires a broad range of the supplies and services acquired by DOD to be included in the test program. Includes as covered contractors under the test program those which furnished DOD with supplies or services pursuant to at least three contracts having an aggregate value of at least $5 million. (Sec. 805) Authorizes the Secretary of the Navy to contract or otherwise provide for necessary salvage facilities for public and private vessels if: (1) available commercial salvage facilities are inadequate to meet the Navy's requirements; and (2) such Secretary provides public notice of the intent to enter into such contracts. Authorizes such Secretary to acquire or transfer such vessels and equipment for operation by private salvage companies as necessary. Provides for: (1) the settlement of salvage claims; and (2) the disposition of receipts. (Sec. 806) Repeals a Federal provision authorizing the Secretary of a military department to delegate certain contracting authority. (Sec. 807) Requires any defense research paper issued or technological assessment made by a defense research facility with respect to a major weapon system to be made part of the record for the purpose of making acquisition program (currently, milestone 0, I, and II) decisions. (Sec. 808) Applies defense procurement requirements to the purchase of supplies used for experimental or test purposes only when such purchases are made in quantity. (Sec. 809) Repeals a provision requiring certain quality control in the procurement of critical aircraft and ship spare parts. (Sec. 810) Authorizes funds appropriated to a military department to be used for the acquisition of design and process data. (Sec. 811) Revises provisions concerning the content of regulations required for independent cost estimates with respect to various phases of major defense acquisition programs. (Sec. 812) Allows the United States to recoup indirect (currently, only direct) fees associated with the use of DOD laboratories and other facilities for the testing of materials and equipment. (Sec. 813) Subjects to the Walsh-Healey Act each contract for the construction, alteration, furnishing, or equipping of a naval vessel, unless the President determines that such requirement is not in the interest of national defense. (Sec. 814) Requires any contractor agreeing to allow the inclusion or incorporation of defense features on aircraft owned by such contractor for possible use with the Civil Reserve Air Fleet to operate such aircraft for DOD as needed during any activation of the Fleet (currently, only permitted during activation of the full Fleet). Subtitle B: Other Matters - Earmarks specified O&M funds authorized under this Act for DOD procurement technical assistance programs, further earmarking such funds for technical assistance in certain distressed areas. (Sec. 822) Considers a DOD cable television franchise agreement as a contract for telecommunications services for purposes of part 49 of the FAR. Title IX: Department of Defense Organization and Management - Redesignates the Assistant to the Secretary of Defense for Atomic Energy as the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, with appropriate responsibilities. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer authorizations made available to DOD in this Division for FY 1996 between any such authorizations for such fiscal year. Limits to $2 billion the total authorized transfers. Directs the Secretary to promptly notify the Congress of each such transfer. (Sec. 1002) Removes a requirement prohibiting the Secretary from designating DOD personnel as disbursing officials for departmental pay and expenses of the District of Columbia. Revises disbursing authority with respect to DOD and its individual military departments. Authorizes military personnel under the Secretary's jurisdiction to certify vouchers when authorized, in writing, by the Secretary. (Sec. 1003) Establishes in the Treasury the Defense Modernization Account. Provides for credits to the Account. Requires Account funds to be used for: (1) increasing the quantity of items and services procured under a procurement program in order to achieve a more efficient production or delivery rate; and (2) RDT&E and procurement necessary for modernization of an existing system or a system being procured under an ongoing procurement program. Provides Account use limitations. Limits to $500 million the funds that may be transferred from the Account in any fiscal year for such procurement modernization purposes, requiring the Secretary to notify the congressional defense committees prior to any such transfers. Requires quarterly reports from the Secretary to such committees concerning Account credits, transfers, and expenditures. Makes such provision inapplicable to the Coast Guard when it is not operating as a service in the Navy. (Sec. 1004) Adjusts the amounts authorized for appropriation in the National Defense Authorization Act for Fiscal Year 1995 by the increases and decreases in title I of the Emergency Supplemental Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995. (Sec. 1005) Limits to $500,000 the funds authorized to be obligated or expended by the Secretary for emergency and extraordinary expenses until the Secretary has notified the congressional defense committees of the intent to obligate such funds and, in the case of an obligation or expenditure in excess of: (1) $1 million, 15 days have elapsed since the notification; or (2) $500,000, but no more than $1 million, 5 days have elapsed since such notification. Removes the time requirements of (1) and (2), above, when the Secretary determines that the national security objectives will be compromised by such delay. Requires the Secretary to notify such committees when such waiver authority is exercised. (Sec. 1006) Authorizes the Secretary, beginning after FY 1994, to transfer funds to military appropriations for a fiscal year out of funds available to DOD from the Foreign Currency Fluctuations, Defense, appropriation. Authorizes the Secretary, after FY 1993, to transfer to such appropriations unobligated amounts of funds appropriated for O&M and military personnel. Provides transfer limits. (Sec. 1007) Directs the Secretary to submit to the congressional defense committees a special report on funding for the reserve components. Subtitle B: Naval Vessels - Directs the Secretary of the Navy to list and maintain on the Naval Vessel Register at least two of the Iowa class battleships that were stricken from the Register in February, 1993. Requires selection of such battleships that are in the best material condition. Requires such Secretary to retain logistical support to maintain the battleships. Terminates this provision when such Secretary notifies the defense committees that the Navy has an operational fire support capability that equals or exceeds that of the Iowa class battleships. (Sec. 1012) Authorizes the Secretary of the Navy to transfer on either a grant or lease basis specified naval frigates to the governments of Bahrain, Egypt, Oman, Turkey, and the United Arab Emirates. Waives specified congressional notification requirements with respect to such transfers. Terminates such transfer authority two years after the enactment of this Act, except that a lease entered into during such period may be renewed. Subtitle C: Counter-Drug Activities - Revises generally provisions concerning the authority for Federal support of State drug interdiction and counter-drug activities of the National Guard. Repeals a provision excluding National Guard personnel performing such activities from annual reserve duty end strength limitations. Allows National Guard personnel to be ordered to perform full-time National Guard duty in support of such activities. Authorizes the governor of a State to request such personnel to perform such duty. Requires the Attorney General of a State to certify that the use of such personnel for such purposes is authorized by, and consistent with, State law, and that it serves an appropriate State law enforcement purpose. Limits to 4000 the number of National Guard personnel performing such activities for a State for a period of more than 180 days. Authorizes the Secretary to increase such limits by not more than 20 percent for any fiscal year if determined necessary for national security purposes. (Sec. 1022) Prohibits, with an exception, the use of funds made available to DOD for obligations or expenses of the National Drug Intelligence Center, Johnstown, Pennsylvania. (Sec. 1023) Directs the Secretary to either: (1) procure nonintrusive inspection systems and transfer such systems to the U.S. Customs Service; or (2) transfer funds to the Secretary of the Treasury for such procurement. Earmarks funds authorized under this Act for such purpose. Subtitle D: Department of Defense Education Programs - Reaffirms the congressional commitment towards the continuation of the Uniformed Services University of the Health Sciences. Prohibits, during the five-year period beginning on October 1, 1995, the personnel staffing levels for the University from being reduced below such levels as of October 1, 1993. (Sec. 1032) Authorizes the Board of Regents at the University to establish a graduate school of nursing and other programs determined necessary in order to operate the University cost-effectively. (Sec. 1033) Earmarks funds authorized under this Act to fund basic adult education programs for military personnel (and their dependents) serving outside the United States. (Sec. 1034) Limits to enlisted members of the Air Force (currently, enlisted members of the armed forces) the scope of educational programs offered at the Community College of the Air Force. (Sec. 1035) Changes from December 15 to March 1 annually the due date of a reporting requirement of the Secretary with respect to the operation of the DOD educational assistance program. Subtitle E: Cooperative Threat Reduction With States of the Former Soviet Union - Prohibits the obligation of cooperative threat reduction (CTR) program funds to assist nuclear weapons scientists in States of the former Soviet Union until 30 days after the Secretary certifies to the Congress that such funds will not be used to contribute to the modernization of the strategic nuclear forces of such States or for R&D or production of weapons of mass destruction. (Sec. 1043) Withholds $50 million of the funds for CTR programs until the President certifies to the Congress that Russia is in compliance with its obligations under the Biological Weapons Convention. Subtitle F: Matters Relating to Other Nations - Authorizes NATO organizations to participate in cooperative R&D projects under the Arms Export Control Act. (Sec. 1052) Expresses the sense of the Congress recognizing the importance to the United States of effective export controls on dual-use (military and commercial) items and technologies that are critical to the military capabilities of U.S. armed forces. Calls for the Government to identify such critical items and technologies and exercise effective export control over them. Directs the Secretary to report to the Congress on the effect of such export control policy on U.S. national security interests. Directs the Secretary to: (1) review each application submitted to the Secretary of Commerce for a license for the export of a class 2, 3, or 4 biological pathogen to a country known or suspected to have an offensive biological weapons program in order to determine if such an export would be contrary to U.S. national security interests; (2) inform such Secretary of the countries suspected of having such a program; (3) notify such Secretary if the export of a biological pathogen would be contrary to U.S. interests; and (4) have such Secretary deny the application. (Sec. 1053) Directs the Secretary to establish a program under which he may issue guarantees assuring a lender against losses of principal or interest, or both, arising out of the financing of the sale or long-term lease of defense articles or services, or design and construction services, to: (1) NATO countries; (2) countries designated as of March 31, 1995, as major non-NATO allies; (3) a country in Central Europe which has or is changing its form of government to a democracy; and (4) a noncommunist country that was a member nation of the Asia Pacific Economic Cooperation as of October 31, 1993. Provides for loan limitations, fees, and payment terms. Requires the President to report to the Congress on the loan guarantee program. (Sec. 1054) Amends the National Defense Authorization Act for Fiscal Year 1995 with regard to its landmine clearing assistance program to prohibit FY 1996 funds from being used for military personnel involvement in such activities until 30 days after the Secretary certifies to the Congress that such involvement satisfies military training requirements for such personnel. Terminates the authority to provide such assistance as of the end of FY 1996. Provides FY 1996 funding for such program. (Sec. 1055) States that it shall be the policy of the United States that: (1) the President should ensure that any conventional defense system or technology offered by the United States for sale to NATO nations or major non-NATO allies is concurrently made available to Israel unless the President determines that such would not be in the national security interests; and (2) the President should make available to Israel advanced U.S. technology necessary for achieving continued progress in cooperative U.S.-Israel R&D of theater missile defenses. (Sec. 1056) Expresses the sense of the Congress that the Secretary of the Navy should take appropriate action to improve the services available to the Navy at the Port of Haifa, Israel, and ensure that increasing commercial activities there does not adversely affect the availability of required services to the Navy there. (Sec. 1057) Prohibits DOD funds from being obligated or expended to provide financial assistance to any country determined to support international terrorism either directly or in granting sanctuary from prosecution to individuals or groups which engage in such activities. Authorizes a waiver by the President for national security purposes, requiring notification to specified congressional committees when exercising such waiver. (Sec. 1058) Expresses the sense of the Congress supporting international military education and training and other forms of cooperation between U.S. armed forces and the armed forces of countries which are allies with or friendly to the United States. Authorizes the Secretary, upon the recommendation of a commander of a combatant command or the Chairman of the Joint Chiefs of Staff, to pay a portion of the costs of providing international military education and training to military and civilian personnel of foreign countries who perform national defense functions. Provides FY 1996 funding for such activities. (Sec. 1059) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal a limitation with respect to the purchase or construction of American diplomatic facilities in Germany. (Sec. 1060) Earmarks specified funds authorized under this Act for implementing arms control agreements to which the United States is a party, with a limitation. (Sec. 1061) Expresses the sense of the Congress that: (1) the President should consult with the Congress regarding any UN peace operations that could involve U.S. combat forces, and should do so before a UN vote on such action is taken; (2) such forces should participate only when it is clearly in the national security interest to do so; (3) in such situations, U.S. combat forces should be under the operational control of qualified commanders; and (4) none of such forces should be under operational control of foreign nationals except in the most extraordinary circumstances. Subtitle G: Repeal of Certain Reporting Requirements - Repeals miscellaneous reporting requirements under Federal armed forces and military pay provisions, provisions of defense authorization and appropriation Acts, national security laws, and other related laws and Acts. Excuses DOD from certain reporting requirements of the Joint Committee on Printing regarding printing-related matters. Subtitle H: Other Matters - Directs the Secretary to turn off the selective availability feature of the global positioning system by May 1, 1996, unless he submits to the defense committees a specified plan with respect to the development and acquisition of capabilities to deny hostile military forces the ability to interfere with or disrupt the system. (Sec. 1082) Expresses the sense of the Congress that, unless and until the START II Treaty enters into force, the Secretary should not take any action to dismantle or retire specified nuclear delivery systems. Prohibits FY 1996 DOD funds from being used for such purpose. (Sec. 1083) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1997 the National Guard Civilian Youth Opportunities pilot program. (Sec. 1084) Directs the Secretary to report to the defense committees on the status of current and possible continued support of boards and commissions operating within or for DOD. (Sec. 1085) Amends the Department of Defense Authorization Act, 1986, to revise the purposes for the provision of Army support for the National Science Center for Communications and Electronics. Authorizes the Secretary to manage, operate, and maintain facilities at the Center in order to conduct educational outreach programs. Authorizes fundraising activities for the management and operation of the Center and the support of its activities. Directs the Secretary to prescribe criteria for determining whether to accept a donation for such Center. Authorizes the Secretary to enter into an agreement with NSC Discovery Center, a nonprofit organization, to develop, manage, and maintain a national science center under this section. (Sec. 1086) Authorizes the Secretary to suspend or terminate an action for collection of a claim against the estate of a person who died while serving on active duty in the armed forces if circumstances make it appropriate to do so. (Sec. 1087) Increases to up to $100,000 (currently, $40,000) the maximum limit for a claim by a member of the armed forces for damage to property during a relocation when such claim arose from an emergency evacuation or from extraordinary circumstances which occurred on or after June 1, 1991. (Sec. 1088) Authorizes, with limitations, dependents of Government employees to utilize check cashing and other exchange transactions through Government disbursing officials. Requires a pay offset from the dependent's sponsor for any deficiencies resulting from a dependent's transactions, including charges for insufficient funds. (Sec. 1089) Entitles veterans with total disability ratings to travel on military aircraft in the same manner and to the same extent as retired military personnel. (Sec. 1090) Authorizes the Secretary to transport to Hawaii for medical care children under 18 years old who reside in the Pacific Rim region, are crippled and in need of medical care due to such condition, will be admitted to a medical facility in Honolulu which specializes in providing such care, and are unable to afford the cost of such transportation. Authorizes the Secretary to transport one adult attendant accompanying such child. (Sec. 1091) Expresses the sense of the Senate that educational institutions should not have a policy of denying the Secretary from obtaining for military recruiting purposes: (1) entry to any campus or access to students equal to that of other employers; or (2) access to directory information pertaining to such students. Encourages the Secretary to prescribe regulations for determining if and when such an institution has denied such student access. (Sec. 1092) Requires advance medical directives executed by military personnel eligible for legal assistance to be exempt from legal requirements of State law and given the same legal effect as a directive executed in accordance with State law. Provides that such directives shall not be enforceable in a State that does not otherwise recognize and enforce such directives. (Sec. 1093) Directs the Secretaries of Defense and Energy to report to specified congressional committees within 30 days after the enactment of this Act on military manpower requirements necessary to implement export controls on certain weapons transfers. (Sec. 1094) Includes the period between July 1, 1958, and August 4, 1964, within the Vietnam era in the case of veterans who served on active military duty in the Vietnam theater of operations during such period.

Vancouver National Historic Reserve Act of 1995

United States · United States Congress · 2 August 1995

Vancouver National Historic Reserve Act of 1995 - Establishes the Vancouver National Historic Reserve in the State of Washington. (Sec. 5) Authorizes the Secretary of the Interior (Secretary), acting through the Director of the National Park Service, and the Secretary of the Army to participate as members of the Vancouver National Historic Reserve Partnership to oversee the protection, enhancement, and development of the Reserve. Requires the Partnership to: (1) act as a forum for cooperation and coordination among the member agencies; (2) minimize staffing, development, and operational costs to each member agency; (3) promote the coordinated protection, use, and interpretation of the cultural, recreational, and educational resources of the Reserve; (4) identify additional opportunities for appropriate public use and enjoyment of the Reserve; and (5) develop and coordinate implementation of the management plan, including the Pearson Airpark economic viability and mitigation plan, and an interpretive plan for the Reserve pursuant to this Act. Requires the Partnership to: (1) be comprised of a representative of each of the National Park Service, the Historic Preservation Office of the State of Washington, the Department of the Army, the city of Vancouver, and the citizens of Washington State; and (2) prepare and submit to the Secretary for review and approval a cooperative agreement, prepared with public participation, to govern the operations of the Partnership. (Sec. 8) Requires the Partnership to: (1) develop and submit a management plan for the Reserve to the Secretary for review and approval; and (2) as appropriate, submit a revised plan to the Secretary upon evaluating the progress made in implementing the original one. Allows the Partnership to enter into a memorandum of agreement with a State, a political subdivision, or a private person or organization that, at a minimum, establishes procedures for providing notice to the Partnership of actions proposed by such entity that may affect implementation of the management plan. (Sec. 9) Permits general aviation at Pearson Airpark that is permitted to be conducted on National Park Service (NPS) property on the enactment of this Act to continue after the year 2002, provided that: (1) Pearson AirField and Air Museum shall be operated by the city of Vancouver; (2) Vancouver pays the NPS a fee of $1 per year for the continued use and occupancy of the Airpark on NPS property and the appraised fair market land rental value of the portion of such property that is used for development of the Pearson Airpark Historical Museum; (3) all nonhistoric, aviation-related facilities and equipment shall be removed by Vancouver from NPS property by April 6, 2003, except those necessary for navigation and safety; (4) Vancouver shall not be compensated for historic aviation-related facilities or equipment remaining on NPS property, but shall be liable and responsible for continued use and maintenance of such facilities and equipment; (5) approval of the Secretary is required for all improvements and additions to facilities or equipment of the Air Museum located on NPS property; (6) helicopters shall not be based at Pearson Airpark except as necessary to accommodate emergency, disaster, or national security needs; and (7) the number of airworthy aircraft based at the Airpark shall be determined under the Pearson economic plan. Requires the Partnership to prepare and include in the management plan an economic viability and mitigation plan for the Pearson Airpark. (Sec. 10) Authorizes the Secretary to provide financial and technical assistance in preparing, developing, and implementing the management plan. (Sec. 12) Authorizes appropriations. Limits the Federal share of the costs of Partnership activities in a fiscal year to 50 percent.

Omnibus Transportation Employee Testing Act Amendments of 1995

United States · United States Congress · 21 July 1995

Omnibus Transportation Employee Testing Act Amendments of 1995 - Amends Federal transportation law to eliminate the requirement for preemployment alcohol testing of: (1) mass transit employees responsible for safety-sensitive functions; (2) railroad employees responsible for safety-sensitive functions; (3) operators of commercial motor vehicles; (4) air carrier employees responsible for safety-sensitive functions; and (5) Federal Aviation Administration employees responsible for safety-sensitive functions. Permits the preemployment testing for the use of alcohol by such employees.

A resolution expressing the sense of the Senate that the action taken by the Government of Japan against United States air cargo and passenger carriers represents a clear violation of the United States/Japan bilateral aviation agreement that is having severe repercussions on United States air carriers and, in general, customers of these United States carriers.

United States · United States Congress · 20 July 1995

Calls upon: (1) the Government of Japan to honor and abide by the terms of the United States-Japan bilateral aviation agreement and immediately authorize U.S. air cargo and passenger carriers which have pending route requests relating to their "beyond rights" to immediately commence service on such routes; and (2) the President to identify countermeasures that could be taken against such Government for its egregious violation of the agreement and to promptly impose appropriate countermeasures to ensure that such Government abides by the terms of the agreement.

National Defense Authorization Act for Fiscal Year 1996

United States · United States Congress · 12 July 1995

TABLE OF CONTENTS: Division A: Department of Defense Authorizations Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Other Programs Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Missile Defense Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Depot-Level Maintenance and Repair Subtitle C: Environmental Provisions Subtitle D: Civilian Employees Subtitle E: Defense Financial Management Subtitle F: Miscellaneous Assistance Subtitle G: Operation of Morale, Welfare, and Recreation Activities Subtitle H: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Subtitle D: Authorization of Appropriations Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Matters Relating to Reserve Components Subtitle C: Uniform Code of Military Justice Subtitle D: Decorations and Awards Subtitle E: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities Subtitle E: Other Matters Title VII: Health Care Subtitle A: Health Care Services Subtitle B: TRICARE Program Subtitle C: Uniformed Services Treatment Facilities Subtitle D: Other Changes to Existing Laws Regarding Health Care Management Subtitle E: Other Matters Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Acquisition Reform Subtitle B: Other Matters Title IX: Department of Defense Organization and Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Naval Vessels Subtitle C: Counter-Drug Activities Subtitle D: Department of Defense Education Programs Subtitle E: Cooperative Threat Reduction With States of the Former Soviet Union Subtitle F: Matters Relating to Other Nations Subtitle G: Repeal of Certain Reporting Requirements Subtitle H: Other Matters Division B: Military Construction Authorizations Title XXI(sic): Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Defense Base Closure and Realignment Subtitle C: Land Conveyances Subtitle D: Transfer of Jurisdiction and Establishment of Midewin National Tallgrass Prairie Subtitle E: Other Matters Division C: Department of Energy National Security Authorizations and Other Authorizations Title XXXI(sic): Department of Energy National Security Programs Subtitle A: National Security Programs Authorizations Subtitle B: Recurring General Provisions Subtitle C: Program Authorizations, Restrictions, and Limitations Subtitle D: Transfer of Jurisdiction Over Department of Energy National Security Functions Subtitle E: Other Matters Title XXXII: Defense Nuclear Facilities Safety Board Title XXXIII: Naval Petroleum Reserves Title XXXIV: National Defense Stockpile Title XXXV: Panama Canal Commission National Defense Authorization Act for Fiscal Year 1996 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 to the Army, Navy, Marine Corps, and Air Force for the procurement of aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1996 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; and (5) the defense health program. Subtitle B: Army Programs - Authorizes the Secretary of the Army to enter into multiyear procurement contracts for AH-64D Longbow Apache attack helicopters. (Sec. 112) States that a prohibition under a prior defense authorization Act against the procurement of military helicopters shall not apply to the obligation of funds for procurement of up to 20 AHIP Scout aircraft from funds appropriated under this title. (Sec. 113) Prohibits any funds available to the Department of Defense (DOD) for FY 1996 from being obligated to procure Hydra 70 rockets until the Secretary of the Army submits to the Congress certain certifications with respect to technical corrections in such rocket, the costs of such corrections, and related information. Authorizes the Secretary of Defense (Secretary) to waive such certification requirement in the national security interest. Subtitle C: Navy Programs - Earmarks funds appropriated under this Act for the final Seawolf attack submarine and the first two submarines under the New Attack Submarine (NAS) program. Earmarks funds under the FY 1997 defense authorization Act for design, advance procurement, and research, development, test, and evaluation (RDT&E) under the NAS program. Requires competition in the procurement of the Seawolf and the NAS. Prohibits certain actions in order to ensure that Electric Boat Division and Newport News Shipbuilding retain the technical competencies to construct the NAS. Limits the FY 1996-1999 expenditure of funds for the Seawolf and the NAS. Requires certain reports. (Sec. 122) Amends the National Defense Authorization Act for Fiscal Year 1995 to repeal a prohibition on the backfitting of Trident submarines. (Sec. 123) Earmarks funds authorized under this title for the initial and final increment funding for two Arleigh Burke class destroyers. (Sec. 124) Authorizes the Secretary to provide in the future-years defense program for split funding of construction of new naval vessels satisfying specified requirements. Authorizes the Secretary of the Navy to contract for the construction of a new naval vessel upon appropriation of a first increment of funding for construction of the vessel. Subtitle D: Other Programs - Prohibits FY 1996 DOD RDT&E funds from being obligated or expended for the Tier II Predator unmanned aerial vehicle program. (Sec. 132) Allows the obligation of only one-sixth of the funding for the unmanned aerial vehicle joint program office before the Secretary of the Navy must certify to the House Armed Services and Senate National Security Committees (defense committees) that such systems have been equipped with the common automatic landing and recovery system. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 for the armed forces for RDT&E and for basic research and exploratory development. Subtitle B: Program Requirements, Restrictions, and Limitations - Earmarks funds authorized under this title for specified phases of the AF117X long-range, medium attack aircraft. (Sec. 212) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to empower the Under Secretary of Defense for Acquisition and Technology with the responsibility for developing and testing naval mine countermeasures systems during FY 1997 through 1999. (Currently, the Director, Defense Research and Engineering has such responsibility during FY 1995 through 1999.) (Sec. 213) Allows the obligation of no more than 50 percent of the funds authorized under this title for the Tomahawk Baseline Improvement Program before the Secretary of the Navy must certify to the defense committees with respect to certain testing under the Program. (Sec. 214) Directs the Secretary of the Air Force to structure the development schedule for the Space and Missile Tracking System so as to achieve a first launch of a System satellite in FY 2001, and to attain initial operational capability of a full constellation of such satellites in FY 2003. Requires the concurrence of the Director of the Ballistic Missile Defense Organization with respect to certain decisions made under the System. Authorizes FY 1996 appropriations. (Sec. 215) Directs the Secretary to perform an analysis of the full range of precision guided munitions in production and in RDT&E. Requires a report to the Congress on the Secretary's findings. Provides funding limitations until such report is received. (Sec. 216) Earmarks funds authorized under this title for: (1) Defense Nuclear Agency funding; (2) the tunnel characterization and neutralization program; and (3) the long-term radiation tolerant microelectronics program (with a required report). (Sec. 217) Earmarks funds authorized under this title for the Counterproliferation Support Program. Authorizes the Secretary, in the national interest, to transfer to the Program funds otherwise made available to DOD in this Division for FY 1996. Limits to $50 million the total authorized amount of such transfers. (Sec. 218) Directs the Secretary to establish in the Office of the Under Secretary of Defense for Acquisition and Technology a Program Office for Nonlethal Systems and Technologies to conduct RDT&E of nonlethal weapons applicable to forces engaged in both traditional and nontraditional military operations. Provides funding. (Sec. 219) Authorizes the obligation of funds appropriated or otherwise made available to DOD for FY 1996 to procure work from a federally funded research and development center named in a report from the Secretary to the defense committees. Prohibits any funding for such procurement until the report is received. Earmarks funds authorized under this title for such purpose. Authorizes the Secretary to waive the funding limitation as long as notice of, and the reasons for, such waiver are sent to the defense committees. Reduces by $90 million the total amount authorized under this title for RDT&E. (Sec. 220) Amends the National Defense Authorization Act for Fiscal Year 1995 to revise the determination of States eligible for the awarding of grants under the Defense Experimental Program to Stimulate Competitive Research. (Sec. 221) Repeals, with respect to the national defense technology and industrial base, defense reinvestment, and defense conversion programs: (1) certain definitions; (2) specified policy objectives; (3) the commercial-military integration partnerships program; (4) the regional technology alliances assistance program; (5) the Military-Civilian Integration and Technology Transfer Advisory Board; (6) the Navy Reinvestment Program; (7) the manufacturing extension programs; and (8) the defense dual-use assistance extension program. (Sec. 222) Directs the Secretary to: (1) use the manufacturing science and technology joint planning process of the directors of DOD laboratories in establishing the DOD manufacturing science and technology program; and (2) seek the participation of equipment manufacturers in the projects under such program. (Sec. 223) Directs the Secretaries of Defense and Energy to jointly submit to the Congress a report on DOD plans and programs to prepare for and respond to military and civil defense emergencies resulting from a chemical, biological, radiological, or nuclear attack on the United States. Subtitle C: Missile Defense - Missile Defense Act of 1995 - States the missile defense policy of the United States. Directs the Secretary to establish a top priority core theater missile defense (CTMD) program consisting of specified systems. Requires the Secretary to ensure that CTMD systems are interoperable and fully capable of external sensor and battle management support from defense systems of the various armed forces. Directs the Secretary to terminate the Corps Surface to Air Missile System and the Boost Phase Interceptor. Directs the Secretary to develop an affordable development plan for follow-on theater missile defense systems which: (1) leverages existing systems, technologies, and programs; and (2) focuses investments to satisfy military requirements not met by the CTMD program. Requires specified reports from the Secretary to the congressional defense (armed forces and appropriations) committees. (Sec. 235) Directs the Secretary to develop an affordable and operationally effective national missile defense (NMD) system which will attain initial operational capability by the end of 2003. Outlines NMD system requirements. Requires the: (1) development of an interim operational capability until the NMD system is in place and operational; (2) use of streamlined acquisition procedures in meeting the development and operational capability requirements of the NMD system; (3) employment of cost saving measures which do not decrease the operational effectiveness of the system or pose unacceptable technical risks; and (4) submission of a report from the Secretary to the congressional defense committees on the plan for NMD deployment. (Sec. 236) Directs the Secretary to undertake an initiative to coordinate and strengthen the cruise missile defense programs, projects, and activities of the military departments and defense agencies and organizations to ensure the development and deployment of highly effective defenses against existing and future cruise missile threats. Outlines provisions concerning: (1) actions to be taken by the Secretary with respect to such initiative; and (2) submission by the Secretary to the congressional defense committees of a detailed implementation plan for carrying out the initiative. (Sec. 237) Expresses the sense of the Congress that: (1) the Senate should undertake a comprehensive review of the continuing value and validity of the ABM Treaty, and recommend additional policy guidance on the future application of such Treaty; and (2) the President should cease all efforts to modify, clarify, or otherwise alter U.S. obligations under such Treaty pending the outcome of the review. Directs the Secretary to provide the Senate with a complete, unclassified version of the ABM Treaty negotiating record, authorizing the Secretary to waive the declassification requirements on a document-by-document basis. (Sec. 238) States that, until a missile or air defense system is flight-tested in an ABM-qualifying flight test, such system, upgrade, or component: (1) has not been tested in an ABM mode, for Treaty purposes; and (2) is therefore not subject to Treaty application, limitation, or obligation. Prohibits appropriated funds from being expended or obligated by any government official to apply such Treaty to RDT&E or deployment of such non-qualifying air or missile defense systems. Ceases the application of such prohibition when a system is flight tested in an ABM-qualifying manner. Requires the Secretary to annually certify to the Congress that no U.S. air or missile defense system is being constrained by the ABM Treaty in a manner inconsistent with this section. Finds that ballistic missile range and velocity parameters should be subject to the Senate's review under section 237. (Sec. 239) Requires amounts requested for activities of the Ballistic Missile Defense Organization in annual budget justification materials submitted to the Congress to be set forth in accordance with specified program elements. Provides the origin of funding for non-core TMD, core TMD, and battle management, control, communications, and intelligence programs. Requires each program element to include requests for amounts necessary for management and support of the programs. (Sec. 241) Repeals various provisions of specified Acts made inconsistent by this Subtitle. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 for the armed forces and specified agencies and activities of DOD for operation and maintenance (O&M). Authorizes appropriations for FY 1996 for: (1) DOD working capital and revolving funds; and (2) operation of the Armed Forces Retirement Home. (Sec. 304) Transfers a specified amount from the National Defense Stockpile Transaction Fund to O&M accounts for FY 1996. Subtitle B: Depot-Level Maintenance and Repair - Directs the Secretary to develop and report to the defense committees a comprehensive policy on the performance of depot-level maintenance and repair (DLMR) for DOD, with a primary objective of a ready and controlled source of technical competence and repair and maintenance capabilities necessary for national security across a full range of current and projected training and operational requirements. Repeals: (1) a current requirement that no more than 40 percent of the DOD DLMR be performed by non-Government personnel; and (2) a provision prohibiting the contracting out of DOD DLMR activities of at least $3 million without using competitive selection procedures. (Sec. 312) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1996 the authority for aviation depots and naval shipyards to engage in defense-related production and services. Subtitle C: Environmental Provisions - Allows agreements for environmental restoration services performed by another Federal or State agency to provide for reimbursement to such agency only of the technical and scientific services obtained, with an FY 1996 reimbursement limitation of $5 million. Allows the Secretary to pay reimbursement expenses in excess of such amount after certifying to the Congress that such payment is essential for the management of the Defense Environmental Restoration Program, and 60 days have expired since such certification. Directs the Secretary to include in required annual reports the services obtained from such agencies on a reimbursable basis. (Sec. 322) Amends the Federal Water Pollution Control Act to apply its vessel discharge requirements to discharges incidental to the normal operations of a military vessel, other than sewage, unless the Secretary finds that compliance would not be in the best interests of national security. Directs the Secretary and the Administrator of the Environmental Protection Agency (EPA) to jointly determine the discharge incidental to the normal operation of a military vessel for which it is reasonable and practicable to require the use of a marine pollution control device in order to mitigate adverse impacts on the marine environment, and to promulgate Federal standards of performance for such devices with respect to the discharge. Provides time limits for initial determinations and final standards. Preempts a State or political jurisdiction from adopting or enforcing such standards for a military vessel after final Federal regulations are in effect, but allows a State to completely prohibit any discharge from a vessel into waters of the State when its water quality requires greater environmental protection than that afforded by the Federal standards. Requires the EPA Administrator to then take specified enforcement action with respect to such prohibition. Requires a State to specifically explain why a prohibition would apply only to military vessels and not other types. Limits the application of such regulations with respect to design, construction, manning, or equipment standards on foreign flagged vessels engaged in passage. Provides for interagency cooperation in the development of appropriate standards under the marine vessel discharge requirements of such Act. (Sec. 323) Revises Federal provisions concerning: (1) the establishment of restoration advisory boards; (2) funding for the administrative expenses of such boards; and (3) the provision of technical assistance grants for determining the nature of environmental hazards at a military installation to be closed under a base closure law and the restoration activities proposed or conducted there. Provides funding for such activities to the extent provided in appropriation Acts, with an FY 1996 limit of $4 million. Requires reports from technical review committees or restoration advisory boards formed for such purpose to be included in an annual DOD report on environmental restoration activities. Subtitle D: Civilian Employees - Provides the minimum FY 1996 and 1997 number of personnel to be employed as military reserve technicians. (Sec. 332) Exempts DOD from personnel ceilings for civilian personnel. (Sec. 333) Requires military reserve technicians to wear the uniform appropriate for the member's grade and component while performing technician duties. Provides a uniform or clothing allowance for such technicians. (Sec. 334) Extends through January 31, 1996, the temporary authority to pay evacuation pay to civilian DOD employees and their dependents and immediate family members evacuated from Guantanamo, Cuba, pursuant to an order issued by the Secretary. Requires a monthly report from the Secretary of the Navy regarding the employees being so paid. (Sec. 335) Authorizes the transfer of civilian employees between the DOD domestic dependent schools and the overseas defense dependents' education system. (Sec. 336) Revises the authority of the Secretary to appoint involuntarily separated military reserve technicians who have served for a specified minimum period to positions within DOD for which such individual is qualified. (Sec. 337) Includes employees voluntarily separated under reduction-in-force procedures among those eligible for continued health insurance coverage for a temporary period. (Sec. 338) Makes inapplicable to DOD: (1) the 120-day limitation on the detail of certain Federal employees; and (2) required biannual reports concerning progress made in meeting part-time career employment goals. (Sec. 340) Authorizes the Secretary or the Secretary of a military department to release from employment those individuals who volunteer under a reduction in force. Terminates such authority at the end of FY 1996. (Sec. 341) Authorizes DOD to make lump-sum severance payments to its employees, requiring a refund of the pro rata share of such pay if such individual is reemployed. Terminates such authority as of the end of FY 1999. (Sec. 342) Adjusts the holiday observance day for DOD employees whose basic workweek is other than Monday through Friday. (Sec. 343) Includes DOD nonappropriated fund instrumentality employees within a Federal provision authorizing flexible and compressed work schedules. Subtitle E: Defense Financial Management - Prohibits funds authorized to be appropriated to DOD by this Act from being obligated for a capital lease for the establishment of a DOD financial management training center until 90 days after the Secretary submits to the defense committees a certification of the need for such a center as well as a report on financial management training for DOD personnel. (Sec. 352) Prohibits the Secretary during FY 1996 from establishing any center for the Defense Finance and Accounting Service not operating on the date of enactment of this Act unless the Secretary reports to the Congress a need for such new center and 30 days have elapsed since the receipt of such report. Requires the Secretary, before submitting such report, to reexamine the need for any new center. Subtitle F: Miscellaneous Assistance - Authorizes the Secretary of the Army or Air Force to provide for participation of its National Guard in joint disaster and emergency assistance exercises. (Sec. 362) Prohibits funds authorized in this or any other Act from being obligated or expended for: (1) the Office of Civil-Military Programs within the Office of the Assistant Secretary of Defense for Reserve Affairs; or (2) the Office of Humanitarian and Refugee Affairs within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. (Sec. 363) Revises Federal provisions establishing the Civil-Military Cooperative Action Program to: (1) allow only the reserve components (currently, all of the armed forces) to participate in the Program; (2) revise the Program objectives; and (3) eliminate the establishment of Federal or regional advisory councils for the Program. Subtitle G: Operation of Morale, Welfare, and Recreation Activities - Makes inapplicable to the Coast Guard a Federal provision limiting the authorized amount of funds to be retained in the morale, welfare, and recreation (MWR) account of an armed force. (Sec. 372) Authorizes the MWR retail facilities to sell items according to regulations prescribed by the Secretary. Prohibits certain sale restrictions from being included in such regulations. Directs the Secretary to report to the defense committees identifying each restriction in effect with respect to exchange stores and other revenue-generating facilities operated by nonappropriated fund activities of DOD for the MWR of its members. (Sec. 373) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal the requirement to convert naval ships' stores to nonappropriated fund instrumentalities. Subtitle H: Other Matters - Makes funds from the National Defense Sealift Fund available for expenses of the Ready Reserve component of the National Defense Reserve Fleet. (Sec. 382) Prohibits the Secretary of the Navy from contracting for the construction of any additional sealift ship by a contractor unless such Secretary has submitted to the Congress, at least 60 days before entering into a contract, a certification: (1) with respect to the history of such contractor in meeting cost requirements under any former sealift construction contract; or (2) that such contractor is financially capable of constructing such additional sealift ship without financial assistance from the Government. (Sec. 383) Requires a specified conditional portion of the amount recovered by the government in a fiscal year for losses and expenses incurred by DOD as a result of contractor fraud at military installations to be credited to appropriations accounts of DOD on the basis of the losses actually suffered at each installation as a result of such fraud. Provides appropriate uses of such amounts by the military departments. (Sec. 384) Authorizes lost, abandoned, or unclaimed property found on a military installation to be sold (after reasonable efforts to find the property's owner) and the proceeds credited to the O&M account of such installation to be used to reimburse the installation for sale costs, and, if amounts still remain, to support MWR activities at the installation. Repeals a demonstration program concerning the use of such proceeds under the National Defense Authorization Act for Fiscal Years 1992 and 1993. (Sec. 385) Authorizes the Secretary of the Navy to sell certain designated articles and items of clothing to members of the Navy and Marine Corps, under specified conditions. Directs such Secretary to sell subsistence supplies to members of other armed forces at prices charged to Navy and Marine Corps personnel (equivalent prices). Authorizes such Secretary to sell serviceable supplies other than subsistence supplies to members of other armed forces for the buyers' use in the service. Authorizes persons who have been honorably discharged from any military department and are receiving medical care through the Public Health Service or the Department of Veterans Affairs to buy subsistence supplies at equivalent prices. Authorizes such Secretary to sell to honorably discharged individuals exterior articles of uniform at equivalent prices. Authorizes such Secretary to sell ships' stores to appropriate civilian officers and employees of the United States at military installations: (1) outside the United States; and (2) inside the United States if it is impractical for such officers and employees to obtain such stores from commercial enterprises without impairing the efficient operation of military activities. Requires sales to civilian officers and employees inside the United States to be made only to those residing within military installations. (Sec. 386) Requires, on and after October 1, 1995, the Civilian Marksmanship Program to be operated as a nonappropriated fund instrumentality of the United States within DOD for the benefit of military personnel and for the promotion of rifle practice and firearms safety among civilians. Requires the Program to be under the general supervision of the Advisory Committee for the Promotion of Rifle Practice and Firearms Safety, which replaces the National Board for the Promotion of Rifle Practice. Outlines funding provisions for the Advisory Committee. Provides authorized Program activities, including the operation and maintenance of rifle ranges, firearms marksmanship instruction and safety, and firearms competitions. Authorizes the Program to issue arms, ammunition, targets, and related equipment and supplies to gun clubs providing training to various youth organizations. Authorizes the sale of such items to other gun clubs and citizens for Program purposes. Requires the Program Director, before conveying any weapon or ammunition to a person, to provide for a criminal records check of the person with appropriate Federal and State law enforcement agencies. Authorizes the Director to impose reasonable fees for persons and gun clubs participating in any Program activity. Directs the Secretary of the Army to reserve for the Program all remaining M-1 Garand rifles and related accessories still held by the Army. Outlines participation conditions for military personnel participating in rifle instruction and competitions. (Sec. 387) Directs the Secretary of Defense to report to the Congress describing the advantages and disadvantages of using contractor personnel, rather than civilian DOD employees, to perform DOD functions that are not essential to the military warfighting mission. (Sec. 388) Prohibits the Secretary of Education from considering any payment made to a local educational agency (LEA) by DOD that is available for current expenditures and used for capital expenses as funds available to the Department of Education for Federal impact aid purposes. Outlines conditions under which an LEA shall be eligible to receive additional assistance as a heavily impacted LEA (an LEA having a high proportion of Federally connected children in its schools). Revises provisions concerning the determination of the amount of such aid to LEAs, with a special rule in the case of a heavily impacted LEA. Revises generally provisions concerning the requirement of the use of current year data for providing appropriate assistance to heavily impacted LEAs. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1996. Authorizes a temporary variation in the end strengths for active-duty Navy and Air Force officers in specified grades. (Sec. 403) Prohibits from being counted against officer personnel end strength limits an officer continuing to hold a general or admiral grade after serving as the Chairman of the Joint Chiefs of Staff or the head of a military department. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1996 for Selected Reserve personnel, authorizing the Secretary to vary such end strengths by up to two percent. Provides the end strengths for members of the reserve serving on active duty in support of the reserve. Increases the number of officers of certain grades authorized to serve on such duty. (Sec. 414) Excludes from inclusion in military personnel end strength limitations: (1) members of the Selected Reserve of the Ready Reserve on active duty for more than 180 days in support of cooperative threat reduction programs; and (2) members of the reserve on active duty for 180 days or more for military-to-military contacts and other similar activities. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1996 military training student loads, allowing for certain adjustments consistent with authorized end strengths. Subtitle D: Authorization of Appropriations - Authorizes appropriations to DOD for FY 1996 for military personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Reduces from 1,000 to 500 the number of officers to be designated by the Secretary for critical joint duty assignment positions. Authorizes the Secretary to credit an officer for additional joint duty for service in an assignment any portion of which was performed on or after the date of enactment of this Act and which provided significant experience in joint matters, as long as the officer is recommended for such credit by the head of his or her military department. Grants such credit on a case-by-case basis, requiring the Secretary to prescribe uniform criteria for such credit. Requires information on officers receiving such credit to be included by the Secretary in a required annual report. Exempts general and flag officers from a provision limiting the number of officers receiving such credit in a fiscal year to ten percent of the total number of officers in that pay grade selected for the joint specialty in that fiscal year. Considers an officer to have completed a full tour of joint duty upon completion of a second joint duty assignment that is less than the period required for a first joint duty assignment, but not less than two years, whether or not a minimum joint tour duty length waiver was granted for such officer. (Sec. 502) Reduces from six to five years the minimum service obligation for graduates of the various military service academies. Requires the Secretary to: (1) review the effects that such service periods will have on the number and quality of eligible applicants seeking appointment; and (2) report findings and recommendations to the defense committees. (Sec. 503) Requires any officer appointed Surgeon General of an armed force to be educationally and professionally qualified to furnish health care to other persons, including doctors of medicine, dentistry, and osteopathy, nurses, and clinical psychologists. (Sec. 504) Requires an officer appointed as Deputy Judge Advocate General of the Air Force: (1) to be appointed for a four-year tenure (currently two); and (2) who holds a lower regular grade to be appointed in the regular grade of major general. (Sec. 505) Includes all officers above the major or lieutenant commander grades (currently, above such grades but below lieutenant general or vice admiral) within current eligibility requirements for voluntary retirement. Allows certain general and flag officers to be retired in the highest grade held by such officer only after the Secretary certifies to the President and the Senate that such officer served satisfactorily on active duty in that grade. (Sec. 506) Extends through FY 1996 certain reserve officer management authorities. (Sec. 507) Prohibits an officer from being frocked (authorized to wear the insignia of a higher grade before being promoted to such grade) unless: (1) the Senate has confirmed such officer's nomination for promotion to such grade; and (2) the officer is serving in, or has been ordered to, a position for which that grade is authorized. Prohibits pay, seniority, and time in service benefits from being accrued by frocked officers. Limits the total number of frocked officers in specified grades on the active-duty list. Authorizes a variation for FY 1996 and 1997 in the number of such officers. (Sec. 508) Authorizes the Secretary of the Army to retire any Director of Admissions of the United States Military Academy who has more than 30 years of service as a commissioned officer. Subtitle B: Matters Relating to Reserve Components - Establishes the Department of Defense Ready Reserve Income Insurance Program, administered by the Secretary, to insure Ready Reserve members against the risk of being ordered into covered service. Provides 30 days' automatic enrollment in the Program, with an exception, upon first becoming a member. Requires a member to enroll within such period. Provides as the basic benefit of such insurance $1,000 per month during the period of covered service, allowing a member to elect to reduce or enhance such benefit in specified increments. Defines "covered service" as active duty for more than 30 days in support of involuntary operational missions or during a period of war or national emergency. Requires the Secretary to prescribe the premium rates for such insurance, to be deducted and withheld from the member's basic pay. Authorizes the Secretary to advance to an insured member the amount equal to the first insurance premium payment due. Establishes in the Treasury the Department of Defense Ready Reserve Income Insurance Fund, into which shall be deposited the collected premiums, any amounts appropriated to the Fund, and investment returns. Requires: (1) investing of Fund assets by the Secretary; and (2) a required annual accounting of the Fund. Requires the DOD Education Benefits Board of Actuaries to have actuarial responsibility for the Program. Requires the Board to carry out periodic actuarial valuation of benefits, determine appropriate premium rate methodology, and recommend to the Secretary a premium rate schedule in the event of actuarial gains or losses to the Fund due to changes in actuarial assumptions. Directs the Secretary to request the President to request from the Congress a special appropriation in the event of insufficient Fund assets. Provides for the payment of benefits to designated recipients. Authorizes the Secretary to purchase insurance from eligible insurers in order to provide the benefits required under the Program, allowing the Secretary to terminate such insurance policy at any time. Requires termination of insurance coverage for a member for the nonpayment of premiums, as well as insurance forfeiture upon conviction of certain crimes against the country or refusal to perform service or wear the uniform. (Sec. 512) Includes dentists in critical specialties (currently, only physicians) within a program providing financial assistance for health care professionals in the reserve components. (Sec. 513) Allows reserve personnel performing public safety duty to charge such period of absence to accrued annual leave or compensatory time available. Subtitle C: Uniform Code of Military Justice - Amends the Uniform Code of Military Justice (UCMJ) to provide that if evidence adduced during a military investigation indicates that an accused committed an uncharged offense, then the investigating officer may investigate such additional matter without the accused having first been charged with that offense. (Sec. 524) Requires the imposition of a fine, imprisonment, or both, for an individual who refuses to testify before a court-martial. (Sec. 525) Requires individuals found to be incompetent to stand trial under the UCMJ to be committed to the custody of the Attorney General for hospitalization, examination, and treatment. Provides, depending on hospitalization and examination results, for either continued hospitalization of such individual or release to the convening authority of the court-martial. Requires a person found not guilty by reason of lack of mental responsibility to be committed to a suitable facility until the person is eligible for release after examination and an appropriate hearing. (Sec. 526) Requires any forfeiture of pay or allowances or reduction in grade included in a court-martial sentence to take effect on the earlier of: (1) 20 days after the sentence is adjudged; or (2) the date on which the sentence is approved by the convening authority (current law). Authorizes the convening authority to defer such forfeitures or reduction until the date on which the sentence is approved. Requires court-martial sentences that include confinement for one year or more, death, dishonorable discharge, or dismissal to result in the forfeiture of all pay and allowances due to such member during the confinement or parole. Authorizes the waiver of such forfeitures for up to six months in the case of dependents of such individual. Requires the repayment of all such pay and allowances if the sentence is set aside or disapproved. Revises provisions concerning the deferment of a sentence of confinement in the case of an individual in the custody of a State or foreign country. (Sec. 528) Requires all matters submitted to the convening authority for consideration after a trial by court-martial to be in writing. (Sec. 529) Authorizes a proceeding in revision to correct clerical mistakes in a judgment, order, or other part of the record or any error arising from oversight or omission. (Sec. 530) Provides for appeal by the United States from certain orders or rulings made by a military judge in a court-martial in which a punitive discharge may be adjudged. (Sec. 531) Includes flight from arrest as a punishable action under the UCMJ. (Sec. 532) Removes a gender reference with respect to the UCMJ offense of carnal knowledge with a person under 16 years of age. Provides that, in such a prosecution, it is a defense that the other person was at least 12 years of age and the accused reasonably believed such person to be at least 16. (Sec. 533) Requires newly enlisted personnel to be instructed in the UCMJ within 14 (currently six) days after entrance into active or reserve duty. (Sec. 535) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal the September 30, 1995, delimiting date on the authority of the Chief Justice of the Supreme Court to appoint Federal or district court judges to serve on the U.S. Court of Appeals for the Armed Forces. (Sec. 536) Directs the Secretary and the Attorney General to jointly establish an advisory panel to review and make recommendations on jurisdiction over civilians accompanying military personnel in time of armed conflict. Requires reports. Subtitle D: Decorations and Awards - Authorizes the President to award the Purple Heart to certain persons who were taken prisoner or held captive while serving in the U.S. armed forces before April 25, 1962, and were wounded while being taken prisoner or held captive. Excepts from such awards persons convicted of rendering assistance to the enemy. (Sec. 542) Authorizes the Secretary or the Secretary of a military department to award a decoration to any person for an act, achievement, or service performed while serving on active duty during the Vietnam era. Directs the Secretary of each military department to review all recommendations received for such decorations, and to report findings concerning such review and awards to the defense committees. (Sec. 543) Expresses the sense of the Congress that the Secretaries of the military departments should review the service records of military personnel who performed military intelligence duties between January 1, 1940, and December 31, 1990, in order to determine whether, by reason of mission secrecy, any such personnel were not properly considered for decorations and awards, and if so, to so consider such personnel for such awards. Exempts such consideration from certain time limitation provisions. Subtitle E: Other Matters - Directs the Secretary to establish within his Office an office responsible for the policy, control, and oversight of the entire process for the investigation and recovery of missing persons, as well as the coordination of DOD efforts on such matters with other Federal departments and agencies. Requires search and rescue responsibilities to be established by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Requires the establishment of uniform procedures for the: (1) determination of the status of such persons; and (2) collection, analysis, review, dissemination, and periodic update of related information. Requires the commander of the unit or facility where a person was assigned to make an initial report to the Secretary after receiving information that the whereabouts of a person are uncertain and that the absence may be involuntary. Requires the Secretary to appoint a board to conduct an inquiry as to the whereabouts of a missing person. Directs the board to make a recommendation to the Secretary as to the whereabouts or status of such persons. Prohibits such board from declaring a person dead unless the evidence before it establishes conclusive proof of such person's death. Requires board proceedings to be closed to the public (including the next of kin). Directs the Secretary, after receiving a board recommendation, to determine whether such person shall continue to have a missing status, be declared to have deserted or be absent without leave, or be declared dead. Requires a report to family members and other interested persons. Requires the appointment of an additional board if further information becomes available. Allows the next of kin and other family members to attend inquiries held by the subsequent board. Requires a recommendation by the subsequent board, as well as a report to the Secretary. Directs the Secretary to review such report (together with any objections to board findings filed by family members and other interested persons attending the subsequent board inquiry), and to take appropriate action with respect to a person's status, including notification to family members and other interested persons. Requires, with specified exceptions concerning classified or privileged information or privacy, the Secretary having jurisdiction over a missing person to ensure that the person's personnel file contains all available information relating to the person's disappearance, whereabouts, or status. Prohibits any board from declaring a person dead unless: (1) credible evidence exists; (2) the United States possesses no credible evidence to suggest that such person is alive; and (3) representatives of the United States have made a complete search of the area where the person was last seen and have examined the records of the government or entity having control over such area. Provides additional information to be included in a report when a person is declared dead. Allows military pay for the full time of absence for any person in a missing or dead status under the Missing Persons Act of 1942 who is found alive and is returned to the control of the United States. Directs the Secretary concerned, upon the enlistment or appointment of a person into the armed forces, to require such person to specify the individual to receive information as to the member's whereabouts or status if necessary. Directs the Secretary of State to carry out a comprehensive study of the Missing Persons Act of 1942 and related laws and regulations with respect to accounting for civilian employees or contractors of the United States who serve with or accompany military personnel in the field to determine the means, if any, by which such procedures may be improved. Directs such Secretary to report study results, together with appropriate recommendations for change, to the defense committees. (Sec. 552) Amends the UCMJ to state that the period during which an officer deserts, is absent from duty, is confined by military or civilian authority for more than one day for a trial, or is unable for more than one day to perform his or her duties shall not be counted in computing such officer's length of military service. Provides that the time required to be made up by either an enlisted member or an officer due to such reasons may not be counted in computing years of service. (Sec. 553) Provides for separation from service in cases involving persons sentenced to confinement for one year or more. (Sec. 554) Removes the six-month limit on the duration of field training or practice cruise required under the Senior ROTC Program. (Sec. 555) Authorizes the Secretary of each military department to: (1) review the military record compilation process for potential improvements in the correction of such records; and (2) report study findings and recommendations to the Secretary, who in turn shall transmit such reports to the defense committees. (Sec. 556) Prohibits the Secretary from reducing below a specified amount for FY 1996 and thereafter the total number of DOD medical personnel unless he certifies to the Congress that: (1) the number being reduced is excess to current and projected needs; and (2) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Requires the Assistant Secretary of Defense responsible for health affairs to submit to the congressional defense committees a plan for the reduction in the number of such personnel over a five-year period beginning on October 1, 1996. (Sec. 557) Repeals, with respect to the military service academies, the requirement that the: (1) position of athletic director shall be a position in the civil service; and (2) Superintendent of such academy shall administer a nonappropriated fund account for the athletics program at such academy. (Sec. 558) Prohibits any funds available to DOD from being obligated to carry out a test program for determining the cost effectiveness of transferring to the private sector the operations of one or more military academy preparatory schools. (Sec. 559) Directs the Secretary and the Attorney General to jointly establish an advisory panel on centralized review of DOD administrative personnel actions. Requires a report from the panel to the Secretary and the Attorney General, to be transmitted, together with comments, to the Congress. Terminates the panel 30 days after submission of its report. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1996 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay and basic allowance for subsistence (BAS) by 2.4 percent and the basic allowance for quarters (BAQ) by 5.2 percent, on January 1, 1996. (Sec. 602) Authorizes a member without dependents who is in pay grade E-6 and who is assigned to U.S. quarters that do not meet minimum adequacy standards established by DOD for such pay grade to elect not to occupy such quarters and instead receive the BAQ prescribed for his or her pay grade. (Sec. 603) Authorizes as of July 1, 1996, the payment of a BAQ for enlisted personnel in the pay grade of E-6. (Sec. 604) Prohibits the reduction of the minimum monthly variable housing allowance (VHA) for members living in high cost areas as long as such member maintains uninterrupted eligibility to receive the VHA within that area and his or her certified housing costs are not reduced. Increases the total amount available for the VHA to cover additional payments permitted under this section. Requires an implementation report from the Secretary to the Congress. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1997: (1) certain enlistment and reenlistment bonuses for the reserves; (2) the nurse officer candidate accession program; (3) the accession bonus for registered nurses; (4) incentive special pay for nurse anesthetists; (5) the authority relating to the payment of other bonuses and special pay for active duty officer and enlisted personnel; and (6) the authority of the Secretary concerned to repay education loans for certain health professionals who serve in the Selected Reserve of a military department. (Sec. 614) Provides to both warrant officers (current law) and enlisted members of specified grades hazardous duty incentive pay for service as air weapons controllers. (Sec. 615) Reduces from nine to eight of the first 12 years of aviation service the period during which an officer must perform operational flying duties in order to receive aviation career incentive pay. (Sec. 617) Provides continuous entitlement to career sea pay for crew members of a ship designated as a tender-class ship. (Sec. 618) Authorizes the Secretary concerned, effective as of January 1, 1996, to increase to a maximum of $375 monthly the rate of special duty assignment pay for enlisted personnel serving as military recruiters. Subtitle C: Travel and Transportation Allowances - Repeals a requirement that DOD travel allowances must be based on distances established over the shortest normally traveled route, and under mileage tables prepared under the direction of the Secretary. (Sec. 622) Provides a departure allowance when dependents of military personnel are authorized (currently, only when ordered) by competent authority to depart from an area. (Sec. 623) Provides a dislocation allowance for those directed to move as a result of a base closure or realignment. (Sec. 624) Includes students who cease to be enrolled in a foreign institution of higher education within a provision authorizing the Secretary concerned to return to the United States formerly dependent children of military personnel who attain a nondependent age while overseas. Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes certain members of the Ready Reserve to use DOD commissary stores for a period of one year on the same basis as members on active duty. (Currently, such members are permitted such use for 12 days of any calendar year during which the members are eligible.) (Sec. 632) Authorizes full commissary use (currently limited to 12 days a year) for members of the Retired Reserve (and their survivors) who are under 60 years of age and would be eligible for retired pay except that they are under such age. (Sec. 633) Authorizes the use of MWR facilities on the same basis as members on active duty for: (1) members of the Selected Reserve in good standing; (2) members of the Ready Reserve other than members of the Selected Reserve; and (3) members of the reserve under age 60 who would be eligible for retired pay except that they are under such age. Allows such use for the dependents of (1) and (3), above. Subtitle E: Other Matters - Makes first payable in March (currently, September) of the following year cost-of-living increases for military retired pay that become effective in 1994 or 1995 (currently, 1994 through 1997). (Sec. 642) Makes ineligible for retired pay a person who is convicted of an offense under the UCMJ and whose executed sentence includes death, a dishonorable or bad conduct discharge, or dismissal (in the case of an officer). (Sec. 643) Allows to be deducted from the pay of: (1) a Federal employee the administrative costs of executing legal process in a garnishment action; and (2) members of the armed forces the administrative costs of establishing and maintaining an involuntary allotment from military pay. Provides for the disposition of amounts withheld for such administrative costs. (Sec. 644) Increases from $100,000 to $200,000 the maximum amount of life insurance coverage under the Servicemen's Group Life Insurance (SGLI). Repeals a provision authorizing a member to increase such coverage amounts in increments of $10,000 to a maximum of $200,000. (Sec. 645) Terminates SGLI coverage for members of the Ready Reserve who fail to pay the required premiums 120 days after the Secretary concerned transmits to such member a termination notification. (Sec. 646) Directs the Secretary to report to the Congress on the possible extension to junior noncommissioned officers (pay grades E-5 and 6) the same privileges provided for senior noncommissioned officers (those above E-6), including the privileges to mess (eat) separately and to receive a BAS. (Sec. 647) Authorizes the payment to survivors of deceased military personnel of all leave accrued but unused. (Sec. 648) Directs the Secretary concerned to pay an annuity to the qualified surviving spouse of each member of the armed forces who: (1) died before March 21, 1974, and was entitled to retired or retainer pay on the date of death; and (2) was a member of a reserve component during the period beginning on September 21, 1972, and ending on October 1, 1978, and at the time of death would have been eligible for retired or retainer pay except that the person was under 60 years of age. Defines a qualified spouse as one who has not remarried and is not eligible for an annuity under the Survivor Benefit Plan. Provides an annuity amount of $165 monthly, adjusted periodically with cost-of-living increases. (Sec. 649) Provides transitional compensation for dependents of all members (currently, active-duty personnel) separated from service for dependent abuse. Title VII: Health Care - Subtitle A: Health Care Services - Authorizes the provision of authorized medical care and services under CHAMPUS for surviving dependents of Retired Reserve personnel who die before age 60. (Sec. 702) Authorizes the Secretary to establish a dental insurance plan for members of the Selected Reserve of the Ready Reserve. Requires within such plan voluntary enrollment and premium sharing between DOD and the members enrolled, with a member premium limit of $25 monthly. Outlines provisions concerning plan benefits and termination. Authorizes appropriations. (Sec. 703) Provides under CHAMPUS: (1) for military dependents under six years old, health promotion and disease prevention visits, as well as immunizations; and (2) for those six years old or older, health promotion and disease prevention visits in connection with immunizations or with diagnostic or preventive pap smears and mammograms. (Sec. 704) Makes permanent (currently ends September 30, 1995) the authority of the Secretary to carry out a specialized treatment facility program. (Sec. 705) Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to make special provisions for the enrollment under Medicare Part B of retired military personnel (and their dependents) who are eligible as covered beneficiaries for CHAMPUS medical and dental care and who are adversely affected by the closure of a military medical treatment facility of DOD pursuant to the closure or realignment of a military installation. Waives the Medicare Part B late enrollment penalty for such individuals. Subtitle B: TRICARE Program - Requires a military medical facility to provide to the covered beneficiaries enrolled in a health care plan of such facility the same health care benefits as are available to covered beneficiaries in that catchment area under the DOD managed health care program (TRICARE Program). Provides transitional provisions. (Sec. 713) Expresses the sense of the Senate that the Secretary should take steps to ensure that covered CHAMPUS beneficiaries who are also eligible for Medicare and reside in a TRICARE region have adequate access to health care services after the implementation of the TRICARE Program in that region. (Sec. 714) Directs the Secretary during FY 1996 to carry out a pilot program, in a region in which the TRICARE Program has been implemented, for the provision of wraparound services (individualized mental health services provided in return for payment on a case-by-case basis) to covered beneficiaries who are children in need of such services. Requires a pilot program: (1) agreement, with specified requirements, between the Secretary and a mental health services provider; and (2) report from the Secretary to the defense committees. Subtitle C: Uniformed Services Treatment Facilities - Amends the Department of Defense Authorization Act, 1984, to extend through September 30, 1997, the authority of specified Secretaries to terminate the status of certain medical facilities as uniformed services treatment facilities (USTFs). (Sec. 722) Amends the National Defense Authorization Act for Fiscal Year 1991 to subject USTFs and any participation agreement between USTFs and the Secretary to the Federal Acquisition Regulation (FAR). (Sec. 723) Makes a USTF responsible for paying charges imposed by a private facility or health care provider for providing care outside the catchment area of the USTF to a member of the armed forces enrolled in a USTF health care plan. Directs the Secretary to require a CHAMPUS health care provider to provide such care in accordance with the same payment rules. Subtitle D: Other Changes to Existing Laws Regarding Health Care Management - Makes available for two fiscal years three percent of the funds authorized to be appropriated for a fiscal year for programs and activities carried out under CHAMPUS. (Sec. 732) Provides the maximum allowable payment to individual health care providers under CHAMPUS, with an exception when necessary to ensure that covered beneficiaries retain adequate access to health care services. Provides transition provisions. (Sec. 733) Authorizes the Secretary of Transportation (currently, only the Secretary of Defense) to enter into personal services contracts to carry out health care responsibilities with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy. Ratifies any such contract entered into before the effective date of this Act. (Sec. 734) Amends title XI (General Provisions and Peer Review) of the Social Security Act to authorize the use of information contained in the Medicare and Medicaid Data Bank to assist in the identification of, and collection from, third parties responsible for the reimbursement of costs incurred by the United States for health care services furnished to CHAMPUS beneficiaries. Subtitle E: Other Matters - Authorizes the Board of Regents of the Uniformed Services University of the Health Sciences to establish at the University a program of research on the furnishing of care and services by nurses in the armed forces, to be known as the TriService Nursing Research Program. Requires Program administration by a TriService Nursing Research Group composed of military nurses who are involved in military nursing research and designated by the Secretary concerned. Provides research topics. (Sec. 742) Establishes a Fisher House Trust Fund in both the Army and the Air Force, funds of which are to be used for the operation of Fisher houses, which are housing facilities located in proximity to military medical treatment facilities and available for residential use on a temporary basis by patients at such facilities, as well as their family members or others providing the equivalent of familial support for such patients. Requires expenditures from such trust funds to be made only under annual appropriations and only if specifically authorized by law. (Sec. 743) Includes the Coast Guard within a Federal provision limiting the prices that may be charged to certain Federal departments and agencies by manufacturers of pharmaceuticals when purchased for use in medical facilities of such departments and agencies. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Reform - Requires funds appropriated for any fiscal year after 1995 that are administratively reserved or committed for satellite on-orbit incentive fees to remain available for obligation until the fee is earned, but only if and to the extent that applicable Federal law is complied with in the reservation and commitment of funds for such purpose. (Sec. 802) Amends the Office of Federal Procurement Policy Act to require an executive agency to publish for at least ten days in advance a notification of the intent to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000. (Current law has no price limits on such required notification.) (Sec. 803) Amends the Federal Acquisition Streamlining Act of 1994 to require the head of a Federal agency to make management decisions on all findings and recommendations set forth in an audit report of the inspector general of such agency within a maximum of six months after the issuance of the report, and to make such decisions on findings and recommendations of an audit report from outside the Federal Government within six months after the date on which the head of the agency receives the report. Requires completed actions with respect to an inspector general's findings and recommendations within 12 months after the date of the inspector general's report. (Sec. 804) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to direct the Secretary to establish a test program under which contracting activities in the military departments and defense agencies are authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of comprehensive subcontracting plans will reduce administrative burdens on contractors while enhancing opportunities provided under DOD contracts for small businesses as well as small businesses owned and controlled by socially and economically disadvantaged individuals. Requires a broad range of the supplies and services acquired by DOD to be included in the test program. Includes as covered contractors under the test program those which furnished DOD with supplies or services pursuant to at least three contracts having an aggregate value of at least $5 million. (Sec. 805) Authorizes the Secretary of the Navy to contract or otherwise provide for necessary salvage facilities for public and private vessels if: (1) available commercial salvage facilities are inadequate to meet the Navy's requirements; and (2) such Secretary provides public notice of the intent to enter into such contracts. Authorizes such Secretary to acquire or transfer such vessels and equipment for operation by private salvage companies as necessary. Provides for: (1) the settlement of salvage claims; and (2) the disposition of receipts. (Sec. 806) Repeals a Federal provision authorizing the Secretary of a military department to delegate certain contracting authority. (Sec. 807) Requires any defense research paper issued or technological assessment made by a defense research facility with respect to a major weapon system to be made part of the record for the purpose of making acquisition program (currently, milestone 0, I, and II) decisions. (Sec. 808) Applies defense procurement requirements to the purchase of supplies used for experimental or test purposes only when such purchases are made in quantity. (Sec. 809) Repeals a provision requiring certain quality control in the procurement of critical aircraft and ship spare parts. (Sec. 810) Authorizes funds appropriated to a military department to be used for the acquisition of design and process data. (Sec. 811) Revises provisions concerning the content of regulations required for independent cost estimates with respect to various phases of major defense acquisition programs. (Sec. 812) Allows the United States to recoup indirect (currently, only direct) fees associated with the use of DOD laboratories and other facilities for the testing of materials and equipment. (Sec. 813) Subjects to the Walsh-Healey Act each contract for the construction, alteration, furnishing, or equipping of a naval vessel, unless the President determines that such requirement is not in the interest of national defense. (Sec. 814) Requires any contractor agreeing to allow the inclusion or incorporation of defense features on aircraft owned by such contractor for possible use with the Civil Reserve Air Fleet to operate such aircraft for DOD as needed during any activation of the Fleet (currently, only permitted during activation of the full Fleet). Subtitle B: Other Matters - Earmarks specified O&M funds authorized under this Act for DOD procurement technical assistance programs, further earmarking such funds for technical assistance in certain distressed areas. (Sec. 822) Considers a DOD cable television franchise agreement as a contract for telecommunications services for purposes of part 49 of the FAR. Title IX: Department of Defense Organization and Management - Redesignates the Assistant to the Secretary of Defense for Atomic Energy as the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, with appropriate responsibilities. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer authorizations made available to DOD in this Division for FY 1996 between any such authorizations for such fiscal year. Limits to $2 billion the total authorized transfers. Directs the Secretary to promptly notify the Congress of each such transfer. (Sec. 1002) Removes a requirement prohibiting the Secretary from designating DOD personnel as disbursing officials for departmental pay and expenses of the District of Columbia. Revises disbursing authority with respect to DOD and its individual military departments. Authorizes military personnel under the Secretary's jurisdiction to certify vouchers when authorized, in writing, by the Secretary. (Sec. 1003) Establishes in the Treasury the Defense Modernization Account. Provides for credits to the Account. Requires Account funds to be used for: (1) increasing the quantity of items and services procured under a procurement program in order to achieve a more efficient production or delivery rate; and (2) RDT&E and procurement necessary for modernization of an existing system or a system being procured under an ongoing procurement program. Provides Account use limitations. Limits to $500 million the funds that may be transferred from the Account in any fiscal year for such procurement modernization purposes, requiring the Secretary to notify the congressional defense committees prior to any such transfers. Requires quarterly reports from the Secretary to such committees concerning Account credits, transfers, and expenditures. Makes such provision inapplicable to the Coast Guard when it is not operating as a service in the Navy. (Sec. 1004) Adjusts the amounts authorized for appropriation in the National Defense Authorization Act for Fiscal Year 1995 by the increases and decreases in title I of the Emergency Supplemental Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995. (Sec. 1005) Limits to $500,000 the funds authorized to be obligated or expended by the Secretary for emergency and extraordinary expenses until the Secretary has notified the congressional defense committees of the intent to obligate such funds and, in the case of an obligation or expenditure in excess of: (1) $1 million, 15 days have elapsed since the notification; or (2) $500,000, but no more than $1 million, 5 days have elapsed since such notification. Removes the time requirements of (1) and (2), above, when the Secretary determines that the national security objectives will be compromised by such delay. Requires the Secretary to notify such committees when such waiver authority is exercised. (Sec. 1006) Authorizes the Secretary, beginning after FY 1994, to transfer funds to military appropriations for a fiscal year out of funds available to DOD from the Foreign Currency Fluctuations, Defense, appropriation. Authorizes the Secretary, after FY 1993, to transfer to such appropriations unobligated amounts of funds appropriated for O&M and military personnel. Provides transfer limits. (Sec. 1007) Directs the Secretary to submit to the congressional defense committees a special report on funding for the reserve components. Subtitle B: Naval Vessels - Directs the Secretary of the Navy to list and maintain on the Naval Vessel Register at least two of the Iowa class battleships that were stricken from the Register in February, 1993. Requires selection of such battleships that are in the best material condition. Requires such Secretary to retain logistical support to maintain the battleships. Terminates this provision when such Secretary notifies the defense committees that the Navy has an operational fire support capability that equals or exceeds that of the Iowa class battleships. (Sec. 1012) Authorizes the Secretary of the Navy to transfer on either a grant or lease basis specified naval frigates to the governments of Bahrain, Egypt, Oman, Turkey, and the United Arab Emirates. Waives specified congressional notification requirements with respect to such transfers. Terminates such transfer authority two years after the enactment of this Act, except that a lease entered into during such period may be renewed. Subtitle C: Counter-Drug Activities - Revises generally provisions concerning the authority for Federal support of State drug interdiction and counter-drug activities of the National Guard. Repeals a provision excluding National Guard personnel performing such activities from annual reserve duty end strength limitations. Allows National Guard personnel to be ordered to perform full-time National Guard duty in support of such activities. Authorizes the governor of a State to request such personnel to perform such duty. Requires the Attorney General of a State to certify that the use of such personnel for such purposes is authorized by, and consistent with, State law, and that it serves an appropriate State law enforcement purpose. Limits to 4000 the number of National Guard personnel performing such activities for a State for a period of more than 180 days. Authorizes the Secretary to increase such limits by not more than 20 percent for any fiscal year if determined necessary for national security purposes. (Sec. 1022) Prohibits, with an exception, the use of funds made available to DOD for obligations or expenses of the National Drug Intelligence Center, Johnstown, Pennsylvania. (Sec. 1023) Directs the Secretary to either: (1) procure nonintrusive inspection systems and transfer such systems to the U.S. Customs Service; or (2) transfer funds to the Secretary of the Treasury for such procurement. Earmarks funds authorized under this Act for such purpose. Subtitle D: Department of Defense Education Programs - Reaffirms the congressional commitment towards the continuation of the Uniformed Services University of the Health Sciences. Prohibits, during the five-year period beginning on October 1, 1995, the personnel staffing levels for the University from being reduced below such levels as of October 1, 1993. (Sec. 1032) Authorizes the Board of Regents at the University to establish a graduate school of nursing and other programs determined necessary in order to operate the University cost-effectively. (Sec. 1033) Earmarks funds authorized under this Act to fund basic adult education programs for military personnel (and their dependents) serving outside the United States. (Sec. 1034) Limits to enlisted members of the Air Force (currently, enlisted members of the armed forces) the scope of educational programs offered at the Community College of the Air Force. (Sec. 1035) Changes from December 15 to March 1 annually the due date of a reporting requirement of the Secretary with respect to the operation of the DOD educational assistance program. Subtitle E: Cooperative Threat Reduction With States of the Former Soviet Union - Prohibits the obligation of cooperative threat reduction (CTR) program funds to assist nuclear weapons scientists in States of the former Soviet Union until 30 days after the Secretary certifies to the Congress that such funds will not be used to contribute to the modernization of the strategic nuclear forces of such States or for R&D or production of weapons of mass destruction. (Sec. 1043) Withholds $50 million of the funds for CTR programs until the President certifies to the Congress that Russia is in compliance with its obligations under the Biological Weapons Convention. Subtitle F: Matters Relating to Other Nations - Authorizes NATO organizations to participate in cooperative R&D projects under the Arms Export Control Act. (Sec. 1052) Expresses the sense of the Congress recognizing the importance to the United States of effective export controls on dual-use (military and commercial) items and technologies that are critical to the military capabilities of U.S. armed forces. Calls for the Government to identify such critical items and technologies and exercise effective export control over them. Directs the Secretary to report to the Congress on the effect of such export control policy on U.S. national security interests. Directs the Secretary to: (1) review each application submitted to the Secretary of Commerce for a license for the export of a class 2, 3, or 4 biological pathogen to a country known or suspected to have an offensive biological weapons program in order to determine if such an export would be contrary to U.S. national security interests; (2) inform such Secretary of the countries suspected of having such a program; (3) notify such Secretary if the export of a biological pathogen would be contrary to U.S. interests; and (4) have such Secretary deny the application. (Sec. 1053) Directs the Secretary to establish a program under which he may issue guarantees assuring a lender against losses of principal or interest, or both, arising out of the financing of the sale or long-term lease of defense articles or services, or design and construction services, to: (1) NATO countries; (2) countries designated as of March 31, 1995, as major non-NATO allies; (3) a country in Central Europe which has or is changing its form of government to a democracy; and (4) a noncommunist country that was a member nation of the Asia Pacific Economic Cooperation as of October 31, 1993. Provides for loan limitations, fees, and payment terms. Requires the President to report to the Congress on the loan guarantee program. (Sec. 1054) Amends the National Defense Authorization Act for Fiscal Year 1995 with regard to its landmine clearing assistance program to prohibit FY 1996 funds from being used for military personnel involvement in such activities until 30 days after the Secretary certifies to the Congress that such involvement satisfies military training requirements for such personnel. Terminates the authority to provide such assistance as of the end of FY 1996. Provides FY 1996 funding for such program. (Sec. 1055) States that it shall be the policy of the United States that: (1) the President should ensure that any conventional defense system or technology offered by the United States for sale to NATO nations or major non-NATO allies is concurrently made available to Israel unless the President determines that such would not be in the national security interests; and (2) the President should make available to Israel advanced U.S. technology necessary for achieving continued progress in cooperative U.S.-Israel R&D of theater missile defenses. (Sec. 1056) Expresses the sense of the Congress that the Secretary of the Navy should take appropriate action to improve the services available to the Navy at the Port of Haifa, Israel, and ensure that increasing commercial activities there does not adversely affect the availability of required services to the Navy there. (Sec. 1057) Prohibits DOD funds from being obligated or expended to provide financial assistance to any country determined to support international terrorism either directly or in granting sanctuary from prosecution to individuals or groups which engage in such activities. Authorizes a waiver by the President for national security purposes, requiring notification to specified congressional committees when exercising such waiver. (Sec. 1058) Expresses the sense of the Congress supporting international military education and training and other forms of cooperation between U.S. armed forces and the armed forces of countries which are allies with or friendly to the United States. Authorizes the Secretary, upon the recommendation of a commander of a combatant command or the Chairman of the Joint Chiefs of Staff, to pay a portion of the costs of providing international military education and training to military and civilian personnel of foreign countries who perform national defense functions. Provides FY 1996 funding for such activities. (Sec. 1059) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal a limitation with respect to the purchase or construction of American diplomatic facilities in Germany. (Sec. 1060) Earmarks specified funds authorized under this Act for implementing arms control agreements to which the United States is a party, with a limitation. (Sec. 1061) Expresses the sense of the Congress that: (1) the President should consult with the Congress regarding any UN peace operations that could involve U.S. combat forces, and should do so before a UN vote on such action is taken; (2) such forces should participate only when it is clearly in the national security interest to do so; (3) in such situations, U.S. combat forces should be under the operational control of qualified commanders; and (4) none of such forces should be under operational control of foreign nationals except in the most extraordinary circumstances. Subtitle G: Repeal of Certain Reporting Requirements - Repeals miscellaneous reporting requirements under Federal armed forces and military pay provisions, provisions of defense authorization and appropriation Acts, national security laws, and other related laws and Acts. Excuses DOD from certain reporting requirements of the Joint Committee on Printing regarding printing-related matters. Subtitle H: Other Matters - Directs the Secretary to turn off the selective availability feature of the global positioning system by May 1, 1996, unless he submits to the defense committees a specified plan with respect to the development and acquisition of capabilities to deny hostile military forces the ability to interfere with or disrupt the system. (Sec. 1082) Expresses the sense of the Congress that, unless and until the START II Treaty enters into force, the Secretary should not take any action to dismantle or retire specified nuclear delivery systems. Prohibits FY 1996 DOD funds from being used for such purpose. (Sec. 1083) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1997 the National Guard Civilian Youth Opportunities pilot program. (Sec. 1084) Directs the Secretary to report to the defense committees on the status of current and possible continued support of boards and commissions operating within or for DOD. (Sec. 1085) Amends the Department of Defense Authorization Act, 1986, to revise the purposes for the provision of Army support for the National Science Center for Communications and Electronics. Authorizes the Secretary to manage, operate, and maintain facilities at the Center in order to conduct educational outreach programs. Authorizes fundraising activities for the management and operation of the Center and the support of its activities. Directs the Secretary to prescribe criteria for determining whether to accept a donation for such Center. Authorizes the Secretary to enter into an agreement with NSC Discovery Center, a nonprofit organization, to develop, manage, and maintain a national science center under this section. (Sec. 1086) Authorizes the Secretary to suspend or terminate an action for collection of a claim against the estate of a person who died while serving on active duty in the armed forces if circumstances make it appropriate to do so. (Sec. 1087) Increases to up to $100,000 (currently, $40,000) the maximum limit for a claim by a member of the armed forces for damage to property during a relocation when such claim arose from an emergency evacuation or from extraordinary circumstances which occurred on or after June 1, 1991. (Sec. 1088) Authorizes, with limitations, dependents of Government employees to utilize check cashing and other exchange transactions through Government disbursing officials. Requires a pay offset from the dependent's sponsor for any deficiencies resulting from a dependent's transactions, including charges for insufficient funds. (Sec. 1089) Entitles veterans with total disability ratings to travel on military aircraft in the same manner and to the same extent as retired military personnel. (Sec. 1090) Authorizes the Secretary to transport to Hawaii for medical care children under 18 years old who reside in the Pacific Rim region, are crippled and in need of medical care due to such condition, will be admitted to a medical facility in Honolulu which specializes in providing such care, and are unable to afford the cost of such transportation. Authorizes the Secretary to transport one adult attendant accompanying such child. (Sec. 1091) Expresses the sense of the Senate that educational institutions should not have a policy of denying the Secretary from obtaining for military recruiting purposes: (1) entry to any campus or access to students equal to that of other employers; or (2) access to directory information pertaining to such students. Encourages the Secretary to prescribe regulations for determining if and when such an institution has denied such student access. (Sec. 1092) Requires advance medical directives executed by military personnel eligible for legal assistance to be exempt from legal requirements of State law and given the same legal effect as a directive executed in accordance with State law. Provides that such directives shall not be enforceable in a State that does not otherwise recognize and enforce such directives. (Sec. 1093) Directs the Secretaries of Defense and Energy to report to specified congressional committees within 30 days after the enactment of this Act on military manpower requirements necessary to implement export controls on certain weapons transfers. (Sec. 1094) Includes the period between July 1, 1958, and August 4, 1964, within the Vietnam era in the case of veterans who served on active military duty in the Vietnam theater of operations during such period. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1996 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. (Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 1995 to increase the authorized amount for a military construction project at the Patuxent River Naval Warfare Center, Maryland. (Sec. 2206) Amends the Military Construction Authorization Act for Fiscal Year 1993 to: (1) decrease the amount authorized for a military construction project relating to Damneck, Fleet Combat Training Center, Virginia; and (2) authorize, with the use of the funds under (1), above, a military construction project at the Norfolk Naval Base, Virginia. Extends through a conditional date the authorization for the Norfolk project. (Sec. 2207) Authorizes the Secretary of the Navy to acquire all rights and interest to specified property at Henderson Hall, Arlington, Virginia, to demolish a mausoleum there, and provide for the appropriate disposition of the remains contained therein. Authorizes such Secretary to then obtain architectural engineering and design services for the construction of a Marine Corps office and warehouse facility on such property. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. (Sec. 2402) Earmarks funds authorized under this title for crediting to the Department of Defense Housing Improvement Fund to carry out appropriate activities. (Sec. 2403) Authorizes the Secretary to: (1) improve existing military family housing in a specified amount; and (2) carry out energy conservation projects. (Sec. 2405) Authorizes appropriations for FY 1996 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized under this title. (Sec. 2406) Amends the Military Construction Authorization Act for Fiscal Year 1995 to increase the authorized amounts for military construction projects at the Pine Bluff Arsenal, Arkansas, and the Umatilla Army Depot, Oregon. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions for the NATO Infrastructure Program and authorizes appropriations for fiscal years after 1995 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1995 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 2602) Amends the Military Construction Authorization Act for Fiscal Year 1994 to decrease the amount authorized for FY 1994 for Air National Guard projects. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI on October 1, 1998, or the date of enactment of an Act authorizing funds for military construction for FY 1999, whichever is later, with exceptions. Extends certain FY 1992 and 1993 military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Authorizes the Secretary concerned, when carrying out a minor military construction project not otherwise authorized by law to correct a life-, health-, or safety-threatening deficiency, to expend up to $3 million for such project. (Currently, general minor military construction projects are limited to $1.5 million.) Authorizes the Secretary concerned to use O&M funds to carry out such special projects which exceed $1 million. (Sec. 2803) Makes inapplicable to the acquisition of existing family housing in lieu of new construction for military family housing for five years after the enactment of this Act specified Federal provisions which limit by pay grade the net floor area authorized for such housing. Extends permanently (currently expired on September 30, 1994) the authority of the Secretary concerned to waive such net floor area limitations during the acquisition by purchase of military family housing for military personnel in pay grades below O-6. (Sec. 2805) Waives the above net floor area limits with respect to the construction, acquisition, or improvement of family housing units during the five-year period beginning on October 1, 1995. (Sec. 2806) Increases from: (1) 300 to 450 the number of military family housing units that may be leased in foreign countries for no more than $25,000 per unit per year; and (2) 220 to 350 the number of such units for which such maximum lease amount may be waived for incumbents of special positions or in other special circumstances. (Sec. 2807) Extends to all military departments (currently only the Navy) the authority to enter into limited partnerships with private developers for the development of military family housing. Redesignates the Navy Housing Investment Account as the Defense Housing Investment Account. Terminates the Navy Housing Investment Board. Extends through FY 2000 the authority to enter into such partnerships. (Sec. 2808) Revises limitations on cost increases with respect to contracts for the construction of military family housing. (Sec. 2809) Authorizes the Secretary to convey any military family housing facilities that, due to damage or deterioration, is in a condition that is uneconomical to repair. States that such authority does not apply to housing facilities on military installations approved for closure under a base closure law or at facilities outside the United States at which the Secretary terminates operations. Limits to $5 million in any fiscal year the aggregate total value of the facilities authorized to be conveyed. Outlines provisions concerning: (1) consideration; (2) a requirement to notify the Congress 21 days in advance; (3) the inapplicability of certain Federal property disposal laws; and (4) the deposit of conveyance proceeds into the Department of Defense Military Housing Improvement Fund to be used for construction of new military family housing. (Sec. 2810) Includes water efficient maintenance within a current DOD energy performance goal and plan. (Sec. 2811) Authorizes the Secretary concerned to exercise any authority to provide for the acquisition, construction, improvement, or rehabilitation by private persons of: (1) family housing units on or near military installations within the United States and its territories and possessions; and (2) unaccompanied housing units on or near such installations. Authorizes such Secretary to make direct loans and loan guarantees to such private persons for such purposes, with loan and guarantee limits. Allows such loans and guarantees to be made only to the extent that appropriations are made in advance or other authority is provided in appropriation Acts. Authorizes the Secretary concerned to: (1) contract for the lease of family or unaccompanied housing units to be constructed, improved, or rehabilitated for such purposes; and (2) invest in nongovernmental entities carrying out such projects, with an investment value limit. Authorizes such Secretary to enter into collateral incentive agreements with nongovernmental entities in which such entities agree to ensure a preference to military personnel in the lease or purchase of a reasonable number of houses covered by the investment. Authorizes the Secretary concerned to enter into rental guarantees which assure the occupancy of units and the appropriate rental income which should be derived from such units, allowing such Secretary to pay more than the rental amount to encourage a lessor to make such housing available to military personnel. Authorizes the Secretary concerned to convey or lease property or facilities to private persons and use the proceeds to carry out such military housing activities. Makes such authority inapplicable to property or facilities at a military installation approved for closure under a base closure law. Provides, with respect to construction of new housing facilities, for: (1) interim leases prior to the completion of an entire project; (2) required conformity in room patterns and floor areas with similar military family housing units in the locale; (3) the inapplicability of current floor space limitations based on pay grade; and (4) the acquisition or construction of appropriate support facilities to accompany such family housing. Authorizes the Secretary concerned to: (1) assign military personnel to housing units acquired under these provisions; and (2) obtain housing lease payments through pay allotments. Establishes in the Treasury the Department of Defense Housing Improvement Fund and provides credits to the Fund. Requires such funds to be used for such military housing activities. Limits to $1 billion the total value in budget authority of all contracts, agreements, and investments undertaken under these provisions for such military housing activities. Requires the Secretary to report: (1) to appropriate congressional committees on each contract or agreement entered into for such military housing activities; and (2) annually in conjunction with the budget submission by the President on the use of authorities provided under these provisions. Terminates five years after the enactment of this Act the authority to enter into any transaction for such military housing activities. Requires a final report from the Secretary to the congressional defense committees no later than March 1, 2000. (Sec. 2812) Makes permanent (currently ends on September 30, 1995) the authority of the Secretary to enter into leases of land for special operations activities. Requires the Secretary to report annually to the defense committees on leasehold interests acquired for such purposes. (Sec. 2813) Authorizes the use of DOD funds for the construction of school facilities under the Elementary and Secondary Education Act of 1965. Subtitle B: Defense Base Closure and Realignment - Authorizes the Secretary concerned to accept the services of a lessee for an entire installation to be closed or realigned under a base closure law, or any part of such installation, without regard to the normal requirement that a substantial portion of the installation be leased. (Sec. 2822) Amends the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990 (the base closure laws) to authorize the Secretary to enter into any type of agreement (currently, to contract) for the provision of community services at installations being closed or realigned. (Sec. 2823) Amends the Defense Base Closure and Realignment Act of 1990 to authorize the use during FY 1996 of funds in the Defense Environmental Restoration Account for environmental restoration at installations approved for closure or realignment under such Act. (Sec. 2824) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the lease of real property located at an installation approved for closure under a base closure law if: (1) the lessee has agreed to purchase the property; (2) the EPA Administrator has determined the property suitable for leasing; and (3) there are adequate assurances that the United States will take all environmental remediation action still required on such property. Subtitle C: Land Conveyances - Authorizes the Secretary of the Air Force to acquire a parcel of real property adjacent to Shaw Air Force Base, South Carolina. Authorizes a land exchange of equivalent fair market value in order to receive such property. (Sec. 2832) Authorizes the Secretary of the Navy to enter into an agreement with the Port Authority of Mississippi under which the Port Authority may use up to 50 acres of real property and related facilities at the Naval Construction Battalion Center, Gulfport, Mississippi. Outlines agreement terms, restrictions, and limitations, including the requirement that use of such property must be consistent with Navy operations at the Center. Requires congressional notification 21 days before entering into such an agreement. Authorizes such Secretary to use proceeds received from the fair rental value of such property for general administrative costs at the Center. (Sec. 2833) Authorizes the Secretary of the Navy to convey to: (1) Burlington County, New Jersey, the resource recovery facility at Fort Dix, New Jersey; (2) Augusta, Georgia, specified water and wastewater treatment plants at Fort Gordon, Georgia; (3) Blackstone, Virginia, a water treatment plant at Fort Pickett, Virginia; (4) the Southern California Edison Company the electric power distribution system at Fort Irwin, California; and (5) the Weyerhaeuser Real Estate Company, Washington, a specified portion of real property at Fort Lewis, Washington (requiring a land exchange from Weyerhaeuser as part of such conveyance). Subtitle D: Transfer of Jurisdiction and Establishment of Midewin National Tallgrass Prairie - Illinois Land Conservation Act of 1995 - Directs the Secretary of Agriculture (Secretary, for purposes of this Subtitle) to establish the Midewin National Tallgrass Prairie (MNP) to consist of portions of the Joliet Army Ammunition Plant (Arsenal) in Illinois and to be managed as part of the National Forest System. (Sec. 2853) Sets forth provisions regarding: (1) roads, utility rights-of-way, and access within the MNP; (2) agricultural leases and special use authorizations; (3) user fees; (4) salvage of improvements; (5) treatment of user fees and salvage receipts; and (6) cooperation with States, local governments, and other entities. (Sec. 2854) Authorizes the Secretary of the Army to transfer the Arsenal property constituting the MNP, without reimbursement, to the Secretary. Permits the transfer of portions only for which no further action is required under environmental laws and that have been eliminated from the areas to be studied further pursuant to the Defense Environmental Restoration Program for the Arsenal. Directs the Secretary of the Army to retain jurisdiction, authority, and control over real property that is used for: (1) water treatment; (2) the treatment, storage, or disposal of hazardous substances or petroleum products or derivatives; and (3) response purposes or actions required under environmental laws to remediate contamination or noncompliance. (Sec. 2855) Authorizes the Secretary of the Army to convey certain Arsenal property to: (1) the Department of Veterans Affairs for use as a national cemetery; (2) Will County, Illinois, for use as a landfill; and (3) the village of Elwood and the city of Wilmington, Illinois, for use as industrial parks. Provides that the use of such landfill by Federal agencies or additional acreage added for purposes of accommodating the disposal of materials from the restoration of the Arsenal shall be at no cost to the Federal Government. Requires such property to revert to the Secretary for inclusion in the MNP if the property is not operated as a landfill. Provides for the conveyance of specified other Arsenal property to be added to the MNP subject to the Secretary's acceptance. (Sec. 2856) Directs the Secretary of the Army, with respect to the real property at the Arsenal to be transferred, to complete all remedial, response, or other actions required under any environmental law before carrying out such transfers. Requires the Secretary of the Army to retain any obligation or liability at the Arsenal as required under CERCLA and other environmental laws. Subtitle E: Other Matters - Directs the Secretary of Defense to carry out the Department of Defense Laboratory Revitalization Demonstration Program under which the Secretary may carry out minor military construction projects in order to improve DOD laboratories. Increases the maximum costs of minor construction projects for purposes of the Program. Directs the Secretary to designate the DOD laboratories to be covered by the Program. Requires a report. Prohibits the Secretary from commencing a construction project under the Program after September 30, 1999. (Sec. 2862) Prohibits the Secretary of the Navy from entering into any agreement that provides for or permits civil aircraft to regularly use Miramar Naval Air Station, California. (Sec. 2863) Directs the Secretary of the Army to report to the defense committees on the status of negotiations on an agreement relating to a land conveyance at Fort Belvoir, Virginia, as required under the Military Construction Authorization Act for Fiscal Years 1990 and 1991. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1996 for operating expenses, plant projects, and capital equipment necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) various other defense activities; (4) defense nuclear waste disposal; and (5) the payment of penalties to the Hazardous Substances Superfund assessed against the Rocky Flats, Colorado, nuclear site. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy (Secretary, for purposes of this Division) transmits to the appropriate congressional committees a full statement of the action proposed and 30 days have since expired. (Sec. 3122) Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Provides fund transfer authority (requiring congressional notification of any such transfer). (Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated costs exceed $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount. (Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the congressional defense committees when funds are so used. Makes funds for management and support activities and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Earmarks specified funds authorized under this title for specified three-year programs of R&D with respect to certain tritium production activities, including activities at the Los Alamos National Laboratory, New Mexico, and the Idaho National Engineering Laboratory. (Sec. 3132) Earmarks specified funds authorized under this title for certain plutonium disposition activities, including an environmental assessment. (Sec. 3133) Authorizes specified tritium-related activities to be carried out at the Savannah River Site, South Carolina, and the Los Alamos National Laboratory. (Sec. 3134) Directs the Secretary to carry out a program for establishing within the Government a manufacturing infrastructure which has the capability to: (1) refabricate and certify the enduring nuclear weapons stockpile; and (2) manufacture new nuclear warheads. Outlines required capabilities. Provides funding. (Sec. 3135) Earmarks funds authorized under this title for hydronuclear experiments at the Nevada Test Site. (Sec. 3136) Directs the Secretary to conduct a fellowship program for the development of skills critical to the ongoing mission of the DOE nuclear weapons complex. Outlines provisions concerning eligible individuals and DOE facilities at which the fellowship program shall be carried out. Provides funding. (Sec. 3137) Provides the effect of the issuance of environmental impact statements upon the use of appropriated funds for certain DOE facilities. (Sec. 3138) Directs the Secretary to: (1) prepare a comprehensive environmental impact statement for the dual-axis radiographic hydrotest facility project; and (2) issue a record of decision on the project pursuant to such statement. (Sec. 3139) Prohibits the use of FY 1996 DOE funds for specified research and education purposes. (Sec. 3140) Earmarks funds authorized under this title for: (1) electrometallurgical processing activities at the Idaho National Engineering Laboratory; (2) the processing of spent nuclear fuel rods at the Savannah River Site and the Idaho National Engineering Laboratory; and (3) the DOE Declassification Productivity Initiative. (Sec. 3142) Authorizes the Secretary to reprogram funds available to DOE for FY 1996 for activities related to the disposition of spent nuclear fuel in the Democratic People's Republic of Korea. Limits to $5 million the total amount authorized to be reprogrammed. (Sec. 3143) Earmarks funds authorized under this title for activities relating to worker protection at DOE nuclear weapons facilities. Subtitle D: Transfer of Jurisdiction Over Department of Energy National Security Functions - Expresses the sense of the Senate: (1) recognizing the critical importance of the U.S. nuclear weapons stockpile; and (2) questioning DOE's ability to continue to manage the stockpile. Directs the Secretaries of Defense and Energy to jointly submit to the Congress, by February 1, 1996, a report setting forth the notional plans which examine the potential transfer to DOD or an independent establishment of responsibility for the national security programs of DOE. Provides the various DOE organizations to be included in any such transfer, as well as other matters to be included in the plans. Requires each Secretary to ensure that the current mission and functioning of DOE national security programs would not be adversely affected during any transfer of responsibility. Subtitle E: Other Matters - Requires the Office of Military Applications under the Assistant Secretary of Energy for Defense Programs to retain responsibility for DOE's Defense Programs Emergency Response Program. (Sec. 3162) Provides the requirements for DOE weapons activities budgets for fiscal years after 1996. (Sec. 3163) Directs the Secretary to take appropriate actions to maintain the enduring nuclear weapons stockpile in complete readiness for use. (Sec. 3164) Directs the President to submit to the congressional defense committees a report on any presidential plans to purchase tritium from foreign suppliers for nuclear weapons stockpile purposes. (Sec. 3165) Requires the Secretary to direct the joint preparation by the Lawrence Livermore and Los Alamos National Laboratories of a report on permitting alternative limits to limits on the explosive yield of hydronuclear tests. Provides funding. (Sec. 3166) Directs the President to report to the Congress a master plan on current and future warheads in the enduring nuclear weapons stockpile. (Sec. 3167) Prohibits the Secretary from allowing an international inspection of a nuclear weapons facility until: (1) the Secretary certifies to the Congress that no restricted data or classified information will be revealed during such inspection; and (2) 30 days have elapsed since such certification. Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1996 for the Defense Nuclear Facilities Safety Board. Title XXXIII: Naval Petroleum Reserves - Directs the Secretary to sell all U.S. rights and interest to lands inside Naval Petroleum Reserve Number 1 (Elk Hills unit), Kern County, California. Directs the Secretary, within three months after the effective date of this Act, to finalize the equity interests of the known oil and gas zones in the Elk Hills unit, after following the recommendations of an independent petroleum engineer or using other appropriate methods. Provides time limits and administrative procedures for such sale. Directs the United States to hold harmless and indemnify the purchaser of the Elk Hills unit from any liability resulting from its former ownership by the United States. Reserves seven percent of the sale proceeds from the Elk Hills unit for the resolution of all claims against the United States by California with respect to the production of, and proceeds of petroleum sales from, the Elk Hills unit. Requires the continued full production of the Elk Hills unit until completion of the sale. Provides transition provisions with respect to current petroleum contracts at Elk Hills. Prohibits the Secretary from entering into a contract for the sale of the Elk Hills unit until 31 days after notifying the defense committees of the proposed sale. Provides that, if the Secretary receives only one offer for the sale of Elk Hills, then the Secretary may not enter into a sale contract unless: (1) the Secretary notifies the Congress that only one offer was received, together with its conditions; and (2) a joint resolution approving such sale is enacted within 45 days after such notification. Provides joint resolution procedures. Authorizes appropriations for carrying out the sale of the Elk Hills unit. (Sec. 3302) Directs the Secretary to study and report to the Congress on the most cost-effective option of operating the naval petroleum reserve units other than Elk Hills. Title XXXIV: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 1996, to obligate a specified amount from the National Defense Stockpile Transaction Fund for authorized Fund uses. Authorizes the NDS Manager to obligate additional amounts if the Manager notifies the Congress that extraordinary or emergency conditions necessitate the additional obligations. (Sec. 3402) Authorizes the President, subject to a specified condition, to dispose of certain obsolete and excess materials currently contained in the NDS. (Sec. 3403) Directs the President, in entering into agreements for the disposal from the NDS of chromite and manganese ores of metallurgical grade or chromium ferro and manganese metal electrolytic, to give a right of first refusal to domestic ferroalloy upgraders. (Sec. 3404) Prohibits the President from disposing of high carbon manganese ferro in the NDS that meets grade one specifications until completing the disposal of all manganese ferro in the NDS that does not meet such specification. Requires all manganese ferro not meeting such specification to be sold only for remelting by a domestic ferroalloy producer. (Sec. 3405) Amends the Strategic and Critical Materials Stock Piling Act to direct the Secretary to transfer to the NDS for disposal uncontaminated materials in the DOE inventory of defense-related items that are excess and suitable for transfer to the NDS for disposal. Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1995 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1996, with specified limitations. Authorizes up to 38 passenger motor vehicles to be purchased for transporting Commission personnel across the Isthmus of Panama.

Department of Transportation and Related Agencies Appropriations Act, 1996

United States · United States Congress · 11 July 1995

TABLE OF CONTENTS: Title I: Department of Transportation Title II: Related Agencies Title III: General Provisions Title IV: Providing for the Adoption of Mandatory Standards and Procedures Governing the Actions of Arbitrators in the Arbitration of Labor Disputes Involving Transit Agencies Operating in the National Capital Area Department of Transportation and Related Agencies Appropriations Act, 1996 - Title I: Department of Transportation - Makes appropriations for FY 1996 (with specified rescissions, limitations on obligations and direct loans, and liquidations of contract authorizations) for: (1) the Office of the Secretary of Transportation; (2) the Coast Guard; (3) the Federal Aviation Administration (FAA); (4) the Federal Highway Administration (FHA); (5) the National Highway Traffic Safety Administration; (6) the Federal Railroad Administration; (7) the Federal Transit Administration; (8) the Saint Lawrence Seaway Development Corporation; (9) the Research and Special Programs Administration; and (10) the Office of the Inspector General. Title II: Related Agencies - Makes appropriations for FY 1996 for: (1) the Architectural and Transportation Barriers Compliance Board; (2) the National Transportation Safety Board; (3) the Interstate Commerce Commission; and (4) the Panama Canal Commission. Title III: General Provisions - Sets forth specified prohibitions, limitations, permissions, and mandates with respect to the use of appropriations under this Act. (Sec. 308) Authorizes the Secretary of Transportation to enter into grants, cooperative agreements, and other transactions with any person, agency, U.S. instrumentality, any State or local government, any educational institution, and any other entity in execution of the Technology Reinvestment Project authorized under the Defense Conversion, Reinvestment and Transition Assistance Act of 1992 and related legislation. (Sec. 310) Requires the Secretary to distribute, on a ratio-formulated basis, Federal-aid highway State obligation limits for FY 1996 for Federal-aid highways. Prohibits a State from obligating more than 25 percent of its allocation for such projects during the first three months of FY 1996. Sets forth additional specified obligation limits for States during FY 1996. (Sec. 311) Limits funds available for salaries and expenses to no more than 110 political and presidential appointees in the Department of Transportation. Prohibits the assignment of such personnel on temporary detail outside of the Department. (Sec. 313) Prohibits the use of funds for the National Highway Safety Advisory Committee of the Department of Transportation. (Sec. 316) Prohibits the use of funds to establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme. (Sec. 317) Authorizes airports to transfer, without consideration, to the FAA any instrument landing systems which were purchased through a Federal airport aid or development program and which conform to FAA performance specifications. (Sec. 318) Prohibits the use of funds to award multiyear contracts for production end items that include: (1) economic order quantity or long lead time material procurement in excess of $10 million in any one year of the contract; (2) a cancellation charge greater than $10 million which at the time of obligation has not been appropriated to the limits of the Government's liability; or (3) a requirement that permits performance under the contract during the second and subsequent years without conditioning such performance upon the appropriation of funds. (Sec. 320) Prohibits the use of funds to enforce provisions of the Intermodal Surface Transportation Efficiency Act of 1991 requiring States to use recycled rubber in their asphalt pavement. (Sec. 324) Prohibits the use of funds to place speed limit or distance signs using the metric system on any State highway. (Sec. 325) Requires tolls collected from motor vehicles on any bridge connecting the boroughs of Brooklyn, New York, and Staten Island, New York, to continue to be collected for only those vehicles exiting from such bridge in Staten Island. (Sec. 329) Declares the sense of the Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity it provides financial assistance or contracts with. (Sec. 331) Authorizes appropriations for the National Driver Register program. (Sec. 332) Subjects the acquisition by the U.S. Coast Guard of all 47-foot Motor Life Boats to open competition for all U.S. shipyards. (Sec. 333) Prohibits the use of funds in this Act for planning or construction of a sixth runway at the new Denver International Airport, Denver, Colorado. (Sec. 336) Cancels permanently $25 million of the budgetary resources provided to the Department of Transportation (excluding the Maritime Administration). Directs the Secretary to reduce the existing field office structure and collocate surface transportation field offices. (Sec. 338) Prohibits the use of funds for employee training which: (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluations; (4) contains any methods or content associated with religious or quasi- religious belief systems or "new age" belief systems; (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace; or (6) includes content related to human immunodeficiency virus-acquired immune deficiency syndrome (HIV-AIDS) other than that necessary to make employees more aware of its medical ramifications and the workplace rights of HIV-positive employees. (Sec. 339) Declares that facilities known as Kimery Park and Family Park located on property of Hot Springs Memorial Field in Hot Springs, Arkansas, shall not be considered airport property used for aeronautical purposes the use of which requires fair market rental value for purposes of meeting requirements of the Airport and Airway Improvement Act of 1982, as amended, pertaining to airport revenue diversion and maximization of airport revenue. (Sec. 341) Prohibits the use of funds to pay the salaries and expenses of any individual to arrange tours of scientists or engineers employed by or working for China, to hire Chinese citizens to participate in research fellowships sponsored by the FHA or other modal administrations of the Department of Transportation, or provide training or any technology transfer to scientists or engineers employed by or working for China. (Sec. 343) Amends the Federal transportation code to repeal the requirement that, as a condition of certain mass transportation financial assistance, the interests of employees affected by such assistance be protected under fair and equitable arrangements for the protection of specified collective bargaining rights, employment assurances, and paid training or retraining programs. Terminates existing labor protection agreements or arrangements. (Sec. 345) Prohibits the Secretary from authorizing funding of additional Federal-aid projects for the Central Artery-Third Harbor Tunnel Project in Boston, Massachusetts, unless a financial plan is submitted by October 30, 1995, and approved by the Secretary. Title IV: Providing for the Adoption of Mandatory Standards and Procedures Governing the Actions of Arbitrators in the Arbitration of Labor Disputes Involving Transit Agencies Operating in the National Capital Area - National Capital Area Interest Arbitration Standards Act of 1995 - Prohibits an arbitrator rendering an arbitration award involving the employees of an interstate compact agency operating in the national capital area from making a decision for inclusion in a collective bargaining agreement governing conditions of employment without considering specified factors. Prohibits such arbitrator when rendering an award from providing salaries and other benefits that exceed the interstate compact agency's funding. (Sec. 405) Sets forth provisions with respect to the enforcement and judicial review of such awards.

Aviation Noise Limit Act of 1995

United States · United States Congress · 29 June 1995

Aviation Noise Limit Act of 1995 - Directs the Secretary of Transportation to develop a staged plan to reduce by at least 75 percent on or before January 1, 2001, the number of individuals residing in residential areas in the vicinity of an airport who are exposed to a yearly day-night average sound level of 60 decibels or above. Requires the Secretary in developing such plan to consider various methods for aviation noise reduction, including soundproofing, relocation incentives, use of quieter aircraft, operations restrictions, and revision of air routes. Authorizes the Administrator of the Federal Aviation Administration to make airspace traffic changes in residential areas only if they will not result in an increase in aviation noise. Makes the Secretary responsible for all non-military activity, within and outside controlled airspace, regulating such activity to ensure compliance with the requirements of this Act in normal circumstances.

National Park Scenic Overflight Concessions Act of 1995

United States · United States Congress · 29 June 1995

National Park Scenic Overflight Concessions Act of 1995 - Amends the National Park Service Concessions Policy Act to prohibit a person from flying an individual for compensation over a National Park System (NPS) unit to view any portion of the unit unless the person has in effect a valid commercial air tour concession contract issued by the Secretary of the Interior. Requires the Secretary to publish guidelines applicable to commercial air tour flights over NPS units, providing for such flights where appropriate and restricting or prohibiting such flights where necessary. Authorizes the Secretary to amend the general management plan for any NPS unit to establish air concessions requirements, applicable to flights subject to the concession contract requirements of this Act, that: (1) document the degree to which commercial scenic overflights may affect the natural resources of the park unit concerned and the effects of such overflights on the park visitor's experience; and (2) propose measures necessary to protect park resources and the visitor's experience from the adverse effects of commercial scenic overflights. Imposes a fine and up to five years' imprisonment on any person who knowingly or willfully violates any requirement, rule, or regulation promulgated pursuant to this Act. Directs the Administrator of the Federal Aviation Administration (FAA), in cooperation with the Secretary, to develop: (1) standardized reporting systems for the documentation of low flying aircraft incidents in airspace over NPS units; and (2) training programs and instructional materials for National Park Service personnel to enable them to recognize and report such incidents. Requires the Administrator to amend FAA regulations to treat aircraft noise abatement at NPS units as in the public interest. Directs the Administrator and the Secretary to report jointly to the Congress on the progress made under this Act and other authority of law in mitigating the adverse effects of overflights at NPS units.

Miscellaneous Fuel Tax Corrections Act of 1995

United States · United States Congress · 28 June 1995

Miscellaneous Fuel Tax Corrections Act of 1995 - Amends the Internal Revenue Code to mandate interest on gasoline tax refunds to wholesale distributors, if the refunds are not paid within a specified period. Limits the period in which a refund claim may be filed. Revises requirements regarding the filing of claims for refunds concerning nontaxable uses of diesel and aviation fuel. Allows a refund, with interest, to the ultimate vendor (currently, a refund, without interest, to the ultimate purchaser) for the tax paid on non-gasoline fuel used in a bus. Prohibits applying to diesel fuel used as heating oil provisions authorizing certain ultimate purchaser refunds (without interest). Makes any use of diesel fuel in a diesel-powered boat nontaxable under provisions relating to manufacturers' excise taxes. Makes dyed diesel fuel sold for use or used in a diesel-powered boat taxable if a tax is imposed under provisions relating to retail excise taxes and that tax is not paid. Allows, without penalty, the addition of kerosene to dyed fuel in certain circumstances. Considers nontaxable the accidental addition of diesel fuel on which tax has been imposed to dyed diesel fuel.

Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995

United States · United States Congress · 28 June 1995

TABLE OF CONTENTS: Title I: Supplementals and Rescissions Title II: General Provisions Title III: Emergency Supplemental Appropriations Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995 - Title I: Supplementals and Rescissions - Makes FY 1995 additional supplemental appropriations to the Department of Agriculture for the Food Safety and Inspection Service, the Agricultural Stabilization and Conservation Service, and the Commodity Credit Corporation. Allocates Food and Nutrition Service funding. Transfers funds to the Agricultural Research Service. Rescinds appropriations made to the Department of Agriculture for the Office of the Secretary, alternative agricultural research and commercialization, the Agricultural Research Service, the Cooperative State Research Service, the Animal and Plant Health Inspection Service, the Rural Development Administration and Farmers Home Administration, the Alcohol Fuels Credit Guarantee Program, the Rural Electrification Administration, the Food and Nutrition Service, and the Foreign Agricultural Service. Makes FY 1995 additional supplemental appropriations to: (1) the National Bankruptcy Review Commission (transfer of funds); and (2) the Board for International Broadcasting. Rescinds appropriations to: (1) the Department of Justice for the Immigration and Naturalization Service, the Office of Justice Programs, general administration, legal activities, and the Federal Prison System; (2) the Department of Commerce for the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, the GOES Satellite Contingency Fund, technology administration, the National Technical Information Service, the National Telecommunications and Information Administration, and the Economic Development Administration; (3) the Judiciary for the United States Court of International Trade and for defender services and the fees of jurors and commissioners; (4) the Small Business Administration; (5) the Department of State; (6) the Arms Control and Disarmament Agency; (7) the Board for International Broadcasting; and (8) the United States Information Agency. Delineates reductions to the Legal Services Corporation included in a prior rescission of funds. Rescinds appropriations made to: (1) the Corps of Engineers- Civil; (2) the Bureau of Reclamation of the Department of the Interior; (3) the Department of Energy; (4) the Appalachian Regional Commission; and (5) the Tennessee Valley Authority. Rescinds funds appropriated to the President for economic, military, and export assistance. Rescinds appropriations made to: (1) the Department of the Interior for the Bureau of Land Management, the United States Fish and Wildlife Service, the National Biological Survey, the National Park Service, the Minerals Management Service, the Bureau of Indian Affairs, and territorial and international affairs; (2) the Department of Agriculture for the Forest Service; (3) the Department of Energy for fossil energy research and development and energy conservation; and (4) the Department of Education for the Office of Elementary and Secondary Education. Rescinds appropriations made to the Smithsonian Institution, the National Gallery of Art, the John F. Kennedy Center for the Performing Arts, the Woodrow Wilson International Center for Scholars, and the National Endowment for the Arts and the National Endowment for the Humanities. (Sec. 501) Prohibits funds being used by the Department of the Interior to search for the Alabama sturgeon. (Sec. 502) Prohibits the Forest Service from using funds to implement Habitat Conservation areas in the Tongass National Forest, Alaska, for species not declared threatened or endangered, except for goshawks, as specified. (Sec. 503) Provides that, for specified timber, an environmental impact statement or a subsistence evaluation for a timber sale or offering to one party shall be deemed sufficient if the Forest Service sells to an alternate buyer. (Sec. 504) Requires each National Forest System unit to establish and adhere to a schedule for the completion of National Environmental Policy Act of 1969 analysis and decisions on all allotments within the unit for which analysis is needed. Provides for the renewal of grazing permits on lands in the National Forest System, as specified. Rescinds appropriations made to the Department of Labor for the Employment and Training Administration and the Bureau of Labor Statistics. Rescinds appropriations made to the Department of Health and Human Services for the Health Resources and Services Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, the Assistant Secretary for Health, the Agency for Health Care Policy and Research, the Health Care Financing Administration, the Administration for Children and Families, the Administration on Aging, and the Office of the Secretary. Rescinds appropriations made to specified Department of Education programs, the Corporation for Public Broadcasting, and the Railroad Retirement Board. (Sec. 601) Amends the Higher Education Act of 1965 to decrease the appropriated funds for FY 1995 for the Federal Direct Student Loan Program. (Sec. 602) Prohibits 1995 funding for the Occupational Safety and Health Administration from being used to promulgate or issue any proposed or final standard or guideline regarding ergonomic protection. Rescinds funds made available to the Legislative Branch for: (1) the payments to widows and heirs of decreased Members of Congress; (2) the Joint Economic Committee and the Joint Committee on Printing; (3) the Office of Technology Assessment for salaries and expenses; (4) the Congressional Budget Office for salaries and expenses; (5) the Architect of the Capitol for Capitol buildings and grounds; (6) the Government Printing Office for congressional printing and binding and salaries and expenses; (7) the Botanic Garden for salaries and expenses; (8) the Library of Congress for salaries and expenses; and (9) the General Accounting Office for salaries and expenses. Authorizes GAO to make payments to employees voluntarily retiring or resigning. Rescinds funds made available to the Department of Transportation (DOT) for: (1) the Office of the Secretary; (2) the Coast Guard; (3) the Federal Aviation Administration; (4) the Federal Highway Administration; (5) the Federal Railroad Administration; and (6) the Federal Transit Administration. Reduces certain obligation limitations for DOT. Makes additional supplemental appropriations for the liquidation of mass transit capital programs. (Sec. 801) Rescinds funds from the DOT working capital fund. (Sec. 802) Cancels a specified amount for DOT civilian and military compensation and benefits permanently. Makes FY 1995 additional supplemental appropriations to the General Services Administration and the Office of Personnel Management. Rescinds funds made available to the Department of the Treasury for departmental offices, the Financial Management Service, the United States Mint, the Bureau of the Public Debt, and the Internal Revenue Service. Makes additional supplemental appropriations to the Federal Law Enforcement Training Center. Rescinds funds made available to the Executive Office of the President for the White House Office and Federal drug control programs. Rescinds funds made available to the General Services Administration for specified projects of the Federal Buildings Fund, salaries and expenses of the Federal Election Commission, and salaries and expenses of the Office of Personnel Management. (Sec. 901) Amends Federal law concerning availability pay for criminal investigators in certain Offices of Inspectors General and for U.S. Customs Service pilots. Makes FY 1995 additional supplemental appropriations: (1) to the Federal Emergency Management Agency for disaster relief; and (2) to the National Flood Insurance Fund (transfer of funds). Rescinds funds made available to: (1) the Department of Veterans Affairs for medical care and major projects construction; and (2) the Department of Housing and Urban Development for housing programs. (Sec. 1001) Amends the United States Housing Act of 1937 to: (1) permit a public housing agency to use modernization assistance for any eligible activity, including demolition, replacement housing, and temporary relocation assistance, authorized by this or other applicable appropriations Acts; (2) permit replacement units to be built on the site of the original demolished public housing unit only if the number of replacement units is significantly less than the number of units demolished; (3) repeal provisions prohibiting public housing projects from transferring title unless there is Federal funding assistance providing for a unit for unit replacement for each transfer; and (4) permit the reuse of any budget authority that is recaptured on account of termination of a housing assistance payments contract only for one or more the following, tenant-based assistance or project-based assistance. Makes FY 1995 additional supplemental appropriations to the Department of the Treasury for the Community Development Financial Institutions Fund. Rescinds funds made available to the: (1) Chemical Safety and Hazard Investigation Board; (2) Community Development Financial Institutions Fund; (3) Corporation for National and Community Service; (4) Environmental Protection Agency; (5) National Aeronautics and Space Administration; (6) National Science Foundation; and (7) Federal Deposit Insurance Corporation. (Sec. 1004) Prohibits FY 1995 funds appropriated to EPA from being used to: (1) require any State to comply with specified Clean Act requirements concerning vehicle inspection and maintenance; (2) require any State to implement trip reduction measures to reduce vehicular emissions; (3) list any additional facilities on the National Priorities List under CERCLA, subject to stated exceptions; or (4) disapprove a State Implementation Plan revision solely on the basis of EPA's regulatory 50 percent discount for alternative test- and-repair inspection and maintenance programs. (Sec. 1008) Directs the Administrator of the National Aeronautics and Space Administration to acquire a certain parcel of land located on the property referred to as the Clear Lake Development Facility, Clear Lake, Texas. Directs the Administrator to convey, without reimbursement to the State of Mississippi, the Yellow Creek Facility near Iuka, Mississippi. Title II: General Provisions - Directs the Secretary concerned to: (1) prepare, offer, and award contracts for salvage timber sales from Federal lands; and (2) perform reforestation operations in the salvage area. Subjects such sales to judicial review only in the U.S. district court for the district in which the affected Federal lands are located. Permits such an action only if made within 15 days after the initial advertisement of the challenged timber sale. (Sec. 2002) Prohibits any part of any appropriation in this Act from being used beyond the current fiscal year, unless expressly authorized. (Sec. 2003) Provides for downward adjustments in discretionary spending limits. (Sec. 2004) Prohibits reductions in spending resulting from this Act from being used to offset deficit increases resulting from spending or receipts legislation. (Sec. 2005) Designates July 27 of each year until the year 2003 as National Korean War Veterans Armistice Day. (Sec. 2006) Denies the use of funds made available in this Act from being used to benefit individuals not lawfully in the United States, when such benefit is for other than specified emergency services. (Sec. 2007) Rescinds funds made available to the agencies of the Federal Government, other than the Department of Defense-Military, provided that such rescissions shall be taken only from administrative and travel expenses. Rescinds funds made available to the Department of Defense-Military, provided that such rescissions shall be taken only from administrative and travel accounts. Title III: Emergency Supplemental Appropriations - Establishes the Counterterrorism Fund. Appropriates a specified sum to the Fund to reimburse any Department of Justice organization for: (1) the costs in reestablishing the operational capability of any office or facility damaged as a result of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City; or (2) other activities related to countering domestic or international terrorism. Makes additional supplemental appropriations to the Department of Justice for expenses related to the bombing of such building, including the establishment of a Domestic Counter-terrorism Center. Makes additional supplemental appropriations to: (1) the Judiciary for court security; and (2) the Department of the Treasury for emergency expenses resulting from the Oklahoma City bombing. Increases the aggregate limitation on Federal Buildings Fund obligations to be expended in connection with expenses related to the Oklahoma City bombing. Makes additional supplemental appropriations to: (1) the Department of Housing and Urban Development for emergency expenses resulting from the Oklahoma City bombing; and (2) the Federal Emergency Management Agency for expenses related to increasing the preparedness for and mitigating the consequences of terrorism.

Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995

United States · United States Congress · 27 June 1995

TABLE OF CONTENTS: Title I: Supplementals and Rescissions Title II: General Provisions Title III: Emergency Supplemental Appropriations Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995 - Title I: Supplementals and Rescissions - Makes FY 1995 additional supplemental appropriations to the Department of Agriculture for the Food Safety and Inspection Service, the Agricultural Stabilization and Conservation Service, and the Commodity Credit Corporation. Allocates Food and Nutrition Service funding. Transfers funds to the Agricultural Research Service. Rescinds appropriations made to the Department of Agriculture for the Office of the Secretary, alternative agricultural research and commercialization, the Agricultural Research Service, the Cooperative State Research Service, the Animal and Plant Health Inspection Service, the Rural Development Administration and Farmers Home Administration, the Alcohol Fuels Credit Guarantee Program, the Rural Electrification Administration, the Food and Nutrition Service, and the Foreign Agricultural Service. Makes FY 1995 additional supplemental appropriations to: (1) the National Bankruptcy Review Commission (transfer of funds); and (2) the Board for International Broadcasting. Rescinds appropriations to the: (1) Department of Justice for the Immigration and Naturalization Service, the Office of Justice Programs, general administration, legal activities, and the Federal Prison System; (2) the Department of Commerce for the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, the GOES Satellite Contingency Fund, technology administration, the National Technical Information Service, the National Telecommunications and Information Administration, and the Economic Development Administration; (3) the Judiciary for the United States Court of International Trade and for defender services and the fees of jurors and commissioners; (4) the Small Business Administration; (5) the Department of State; (6) the Arms Control and Disarmament Agency; (7) the Board for International Broadcasting; and (8) the United States Information Agency. Delineates reductions to the Legal Services Corporation included in a prior rescission of funds. Rescinds appropriations made to the: (1) Corps of Engineers- Civil; (2) the Bureau of Reclamation of the Department of the Interior; (3) the Department of Energy; (4) the Appalachian Regional Commission; and (5) the Tennessee Valley Authority Fund. Rescinds funds appropriated to the President for economic, military, and export assistance. Rescinds appropriations made to the: (1) Department of the Interior for the Bureau of Land Management, the United States Fish and Wildlife Service, the National Biological Survey, the National Park Service, the Minerals Management Service, the Bureau of Indian Affairs, and territorial and international affairs; (2) the Department of Agriculture for the Forest Service; (3) the Department of Energy for fossil energy research and development and energy conservation; and (4) the Department of Education for the Office of Elementary and Secondary Education. Rescinds appropriations made to the Smithsonian Institution, the National Gallery of Art, the John F. Kennedy Center for the Performing Arts, the Woodrow Wilson International Center for Scholars, and the National Endowment for the Arts and the National Endowment for the Humanities. (Sec. 501) Prohibits funds being used by the Department of the Interior to search for the Alabama sturgeon. (Sec. 502) Prohibits the Forest Service from using funds to implement Habitat Conservation areas in the Tongass National Forest, Alaska, for species not declared threatened or endangered, except for goshawks, as specified. (Sec. 503) Provides that, for specified timber, an environmental impact statement or a subsistence evaluation for a timber sale or offering to one party shall be deemed sufficient if the Forest Service sells to an alternate buyer. (Sec. 504) Requires each National Forest System unit to establish and adhere to a schedule for the completion of National Environmental Policy Act of 1969 analysis and decisions on all allotments within the unit for which analysis is needed. Provides for the renewal of grazing permits on lands in the National Forest System, as specified. Rescinds appropriations made to the Department of Labor for the Employment and Training Administration and the Bureau of Labor Statistics. Rescinds appropriations made to the Department of Health and Human Services for the Health Resources and Services Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, the Assistant Secretary for Health, the Agency for Health Care Policy and Research, the Health Care Financing Administration, the Administration for Children and Families, the Administration on Aging, and the Office of the Secretary. Rescinds appropriations made to specified Department of Education programs, the Corporation for Public Broadcasting, and the Railroad Retirement Board. (Sec. 601) Amends the Higher Education Act of 1965 to decrease the appropriated funds for FY 1995 for the Federal Direct Student Loan Program. (Sec. 602) Prohibits 1995 funding for the Occupational Safety and Health Administration from being used to promulgate or issue any proposed or final standard or guideline regarding ergonomic protection. Rescinds funds made available to the Legislative Branch for: (1) the payments to widows and heirs of deceased Members of Congress; (2) the Joint Economic Committee and the Joint Committee on Printing; (3) the Office of Technology Assessment for salaries and expenses; (4) the Congressional Budget Office for salaries and expenses; (5) the Architect of the Capitol for Capitol buildings and grounds; (6) the Government Printing Office for congressional printing and binding and salaries and expenses; (7) the Botanic Garden for salaries and expenses; (8) the Library of Congress for salaries and expenses; and (9) the General Accounting Office for salaries and expenses. Authorizes GAO to make payments to employees voluntarily retiring or resigning. Rescinds funds made available to the Department of Transportation (DOT) for: (1) the Office of the Secretary; (2) the Coast Guard; (3) the Federal Aviation Administration; (4) the Federal Highway Administration; (5) the Federal Railroad Administration; and (6) the Federal Transit Administration. Reduces certain obligation limitations for DOT. Makes additional supplemental appropriations for the liquidation of mass transit capital programs. (Sec. 801) Rescinds funds from the DOT working capital fund. (Sec. 802) Cancels a specified amount for DOT civilian and military compensation and benefits permanently. Makes FY 1995 additional supplemental appropriations to the General Services Administration and the Office of Personnel Management. Rescinds funds made available to the Department of the Treasury for departmental offices, the Financial Management Service, the United States Mint, the Bureau of the Public Debt, and the Internal Revenue Service. Makes additional supplemental appropriations to the Federal Law Enforcement Training Center. Rescinds funds made available to the Executive Office of the President for the White House Office and Federal drug control programs. Rescinds funds made available to the General Services Administration for specified projects of the Federal Buildings Fund, salaries and expenses of the Federal Election Commission, and salaries and expenses of the Office of Personnel Management. (Sec. 901) Amends Federal law concerning availability pay for criminal investigators in certain Offices of Inspectors General and for U.S. Customs Service pilots. Makes FY 1995 additional supplemental appropriations: (1) to the Federal Emergency Management Agency for disaster relief; and (2) to the National Flood Insurance Fund (transfer of funds). Rescinds funds made available to: (1) the Department of Veterans Affairs for medical care and major projects construction; and (2) the Department of Housing and Urban Development for housing programs. (Sec. 1001) Amends the United States Housing Act of 1937 to: (1) permit a public housing agency to use modernization assistance for any eligible activity, including demolition, replacement housing, and temporary relocation assistance, authorized by this or other applicable appropriations Acts; (2) permit replacement units to be built on the site of the original demolished public housing unit only if the number of replacement units is significantly less than the number of units demolished; (3) repeal provisions prohibiting public housing projects from transferring title unless there is Federal funding assistance providing for a unit for unit replacement for each transfer; and (4) permit the reuse of any budget authority that is recaptured on account of termination of a housing assistance payments contract only for one or more the following, tenant-based assistance or project-based assistance. Makes FY 1995 additional supplemental appropriations to the Department of the Treasury for the Community Development Financial Institutions Fund. Rescinds funds made available to the: (1) Chemical Safety and Hazard Investigation Board; (2) Community Development Financial Institutions Fund; (3) Corporation for National and Community Service; (4) Environmental Protection Agency; (5) National Aeronautics and Space Administration; (6) National Science Foundation; and (7) Federal Deposit Insurance Corporation. (Sec. 1004) Prohibits FY 1995 funds appropriated to EPA from being used to: (1) require any State to comply with specified Clean Act requirements concerning vehicle inspection and maintenance; (2) require any State to implement trip reduction measures to reduce vehicular emissions; (3) list any additional facilities on the National Priorities List under CERCLA, subject to stated exceptions; or (4) disapprove a State Implementation Plan revision solely on the basis of EPA's regulatory 50 percent discount for alternative test-and-repair inspection and maintenance programs. (Sec. 1008) Directs the Administrator of the National Aeronautics and Space Administration to acquire a certain parcel of land located on the property referred to as the Clear Lake Development Facility, Clear Lake, Texas. Directs the Administrator to convey, without reimbursement to the State of Mississippi, the Yellow Creek Facility near Iuka, Mississippi. Title II: General Provisions - Directs the Secretary concerned to: (1) prepare, offer, and award contracts for salvage timber sales from Federal lands; and (2) perform reforestation operations in the salvage area. Subjects such sales to judicial review only in the United States district court for the district in which the affected Federal lands are located. Permits such an action only if made within 15 days after the initial advertisement of the challenged timber sale. (Sec. 2002) Prohibits any part of any appropriation in this Act from being used beyond the current fiscal year, unless expressly authorized. (Sec. 2003) Provides for downward adjustments in discretionary spending limits. (Sec. 2004) Prohibits reductions in spending resulting from this Act from being used to offset deficit increases resulting from spending or receipts legislation. (Sec. 2005) Designates July 27 of each year until the year 2003 as National Korean War Veterans Armistice Day. (Sec. 2006) Denies the use of funds made available in this Act from being used to benefit individuals not lawfully in the United States, when such benefit is for other than specified emergency services. (Sec. 2007) Rescinds funds made available to the agencies of the Federal Government, other than the Department of Defense-Military, provided that such rescissions shall be taken only from administrative and travel expenses. Rescinds funds made available to the Department of Defense-Military, provided that such rescissions shall be taken only from administrative and travel accounts. Title III: Emergency Supplemental Appropriations - Establishes the Counterterrorism Fund. Appropriates a specified sum to the Fund to reimburse any Department of Justice organization for: (1) the costs in reestablishing the operational capability of any office or facility damaged as a result of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City; or (2) other activities related to countering domestic or international terrorism. Makes additional supplemental appropriations to the Department of Justice for expenses related to the bombing of such building, including the establishment of a Domestic Counter-terrorism Center. Makes additional supplemental appropriations to: (1) the Judiciary for court security; and (2) the Department of the Treasury for emergency expenses resulting from the Oklahoma City bombing. Increases the aggregate limitation on Federal Buildings Fund obligations to be expended in connection with expenses related to the Oklahoma City bombing. Makes additional supplemental appropriations to: (1) the Department of Housing and Urban Development for emergency expenses resulting from the Oklahoma City bombing; and (2) the Federal Emergency Management Agency for expenses related to increasing the preparedness for and mitigating the consequences of terrorism.

Restructuring a Limited Government Act

United States · United States Congress · 22 June 1995

TABLE OF CONTENTS: Title I: National Defense Subtitle A: Restore Defense Spending Subtitle B: Rescission of Funding for Programs Not Requested by the Department of Defense Subtitle C: Limitations on Funding for Certain Programs for Fiscal Year 1996 Subtitle D: Department of Defense Administrative Reforms Subtitle E: Department of Defense Program Reforms Title II: International Affairs Subtitle A: Reduce Multilateral Development Bank Credit Assistance Subtitle B: Reduce Foreign Aid Direct Assistance Subtitle C: Reduce Humanitarian Assistance Programs Subtitle D: Department Reforms Subtitle E: State Department Reforms Title III: Science, Space, and Technology Subtitle A: Administrative and Research Savings Subtitle B: Specific Program Reforms Title IV: Energy Subtitle A: Abolishment of Department of Energy Subtitle B: Reform Federal Petroleum Reserve Programs Subtitle C: Reform Fossil Fuel and Mineral Research Development Programs Subtitle D: Reform Energy Conservation Programs Title V: Environment Subtitle A: Public Land Use and Purchase Reforms Subtitle B: Environmental Conservation, Cleanup, and Research Reforms Subtitle C: Restructuring of Department of the Interior Subtitle D: Administrative Reform Subtitle E: National Marine Program Reforms Subtitle F: Corps of Engineers Reform Title VI: Agriculture Subtitle A: Agriculture Research and Extension Subtitle B: Agricultural Trade Subtitle C: Department of Agriculture Overhead Reduction Subtitle D: Loan Reform Subtitle F: Crop Commodity Reform Title VII: Commerce and Housing Credit Subtitle A: Small Business Administration Reform Subtitle B: Housing Credit Reform Subtitle C: Abolition of Department of Commerce and Disposition of Particular Programs, Functions, and Agencies Subtitle D: Banking and Insurance Reforms Subtitle E: Specific Commerce and Housing Program Reforms Title VIII: Transportation Subtitle A: Air Transportation Program Reform Subtitle B: Highway Transportation Program Reform Subtitle C: Rail Transportation Program Reform Subtitle D: Miscellaneous Transportation Program Reform Subtitle E: Administrative Reform Title IX: Community and Regional Development Subtitle A: Housing Program Reforms Subtitle B: Community and Regional Development Program Reforms Subtitle C: Administrative Reforms Title X: Education and Training Subtitle A: Job Training Reform Subtitle B: Department Reform Subtitle C: Elementary and Secondary Education Reforms Subtitle D: Community Program Reforms Subtitle E: Employment Program Reform Title XI: Health Subtitle A: Administrative Reform Subtitle B: University Research Regarding Health and Other Matters Subtitle C: Medicaid Reforms Subtitle D: Reforms in Health Care Block Grants Subtitle E: Health Care Program Reforms Subtitle F: Federal Employee Health Care Reform Title XII: Medicare Subtitle A: Copayment Reform Subtitle B: Part B Premium Subtitle C: Part A Deductible Subtitle D: Medicare Payments to Hospitals Subtitle E: Selected Presidential Medicare Reforms Title XIII: Income Security Subtitle A: Administrative Reform Subtitle B: Housing Program Reforms Subtitle C: Supplemental Security Income Reforms Subtitle D: Civil Service Reforms Subtitle E: Assistance Program Reforms Title XIV: Personal Responsibility and Family Preservation Subtitle A: Block Grants for Temporary Assistance for Needy Families Subtitle B: Child Protection Block Grant Program Subtitle C: Block Grants for Child Care and for Nutrition Assistance Subtitle D: Restricting Welfare and Public Benefits for Aliens Subtitle E: Food Stamp Reform and Commodity Distribution Subtitle F: Supplemental Security Income Subtitle G: Child Support Title XV: Veterans' Benefits and Services Subtitle A: Administrative Reforms Subtitle B: Extension of Certain Veterans Programs Subtitle C: Home Loan Guarantee Program Reforms Subtitle D: Medical Program Reforms Subtitle E: Other Veterans Programs Reforms Title XVI: Administration of Justice Subtitle A: Administration of Appropriations Subtitle B: Prison Reforms Subtitle C: Justice Assistance Program Reforms Subtitle D: Federal Bureau of Investigation Reforms Subtitle E: Other Justice Program Reforms Title XVII: General Government Subtitle A: Administrative Reforms Subtitle B: Legislative Branch Reductions Subtitle C: Executive Branch Reductions Subtitle D: Specific Program Reforms Restructuring a Limited Government Act - Title I: National Defense - Subtitle A: Restore Defense Spending - States that it is Congress' intent that military readiness and other specified defense-related programs be increased over proposed levels through a specified combination of defense-related increases and reductions, including increases already budgeted by the President. Subtitle B: Rescission of Funding for Programs Not Requested by the Department of Defense - Rescinds unobligated funds for various specified defense-related programs not requested by the Department of Defense (DOD), including the general purpose bomb program, the C-12F aircraft program, and the P-3 upgrade program. Subtitle C: Limitations on Funding for Certain Programs for Fiscal Year 1996 - Sets limitations on funding for specified DOD environmental and cooperative threat reduction programs with states of the former Soviet Union for FY 1996. Subtitle D: Department of Defense Administrative Reforms - Amends Federal law with respect to military severance and aviation career incentive pay. (Sec. 1313) Directs the Secretary of Defense to cancel DOD's learning resource center program for Department personnel. Subtitle E: Department of Defense Program Reforms - Directs the President to reorganize the Intelligence Community to reduce redundancy and overlapping jurisdiction and centralize responsibility and authority for intelligence activities. Includes specified personnel reductions as part of such reorganization over a five year period. (Sec. 1412) Limits: (1) Navy Seawolf (SSN-21) attack submarine procurements to one such vessel; and (2) funds already appropriated for additional vessel procurements to use only in terminating vessel contracts. (Sec. 1413) Directs the President to dispose of certain obsolete and excess materials in the National Defense Stockpile over a ten-year period, in specified quantities, with certain exceptions and a special rule for silver. Requires all proceeds from the sale of materials required to be disposed of to be deposited in the general fund of the Treasury to reduce the budget deficit. Terminates various specified authorities currently in effect relating to stockpile material disposal. Title II: International Affairs - Subtitle A: Reduce Multilateral Development Bank Credit Assistance - Amends the Export-Import Bank Act of 1945 to limit the authorization of FY 1996 through 2000 appropriations in order to reduce credit assistance by the U.S. Export-Import Bank. (Sec. 2002) Terminates capital contributions to specified multilateral development institutions. (Sec. 2003) Directs the President at the beginning of each fiscal year to deobligate, and return to the Treasury, according to certain guidelines, any foreign economic assistance funds that, as of the end of the preceding fiscal year, have been obligated for a period of more than three years but have not been expended. (Sec. 2004) Provides for various specified reductions over a five year period in U.S. contributions to the International Development Association, and in Economic Support Fund and bilateral development assistance. (Sec. 2007) Limits U.S. contributions to the United Nations (UN) and its affiliated agencies after 1996 according to a specified formula. Subtitle B: Reduce Foreign Aid Direct Assistance - Outlines various specified reductions in, and restrictions on, foreign assistance, including assistance to Russia. Conditions such assistance, among other things, upon presidential certifications to the Congress of: (1) limited Russian intelligence activities in the United States; and (2) Russian withholding of military assistance to combatants in the Yugoslav conflict and of weapons to Iran, Iraq, Syria, and any other terrorist country. Requires certain annual reports by the President and Comptroller General to the Congress on foreign assistance to Russia. Subtitle C: Reduce Humanitarian Assistance Programs - Outlines various specified reductions in cultural exchange and humanitarian assistance programs, including the Peace Corps program. (Sec. 2203) Sets assistance for Israel and Egypt at specified minimum levels from amounts already made available under current law for foreign economic support and military financing. (Sec. 2204) Eliminates the congressional sales program and the food for development program under the Agricultural Trade Development Assistance Act of 1954. (Sec. 2205) Abolishes the Foreign Claims Settlement Commission and transfers its functions to the Secretary of State. Subtitle D: Department Reforms - Provides for a reduction in overhead expenses of the Export-Import Bank. (Sec. 2302) Directs the Secretary of the Treasury to provide for the repayment of amounts appropriated to the exchange stabilization fund, along with the net earnings of that fund. Subtitle D: State Department Reforms - Provides for comprehensive reorganization of the Department of State and Foreign Service, with changes eliminating the Arms Control and Disarmament Agency, United States Information Agency, Agency for International Development (AID), International Development Cooperation Agency, and other specified Department components, as well as certain previously created Assistant Secretary positions. Revises various specified program authorities, consolidating administrative services, and transferring them to the Department under the Secretary of State. Sets funding levels for radio broadcasts to Cuba. Limits the term of the Inspector General, redesignated as the Inspector General for Foreign Affairs. Prescribes end strength personnel levels for the Department and Foreign Service. Requires a specified report to the Congress by the President and other officials on the unification of the Foreign Service with other foreign service components in the Department of Commerce and the Department of Agriculture. Title III: Science, Space, and Technology - Subtitle A: Administrative and Research Savings - Authorizes appropriations for the Department of Energy's nuclear energy research and development (R&D) activities. (Sec. 3002) Imposes a fee for National Science Foundation grant applications. (Sec. 3003) Limits total appropriations for activities under the high performance computing program. Subtitle B: Specific Program Reforms - Authorizes appropriations for the National Science Foundation. (Sec. 3012) Prohibits the Administrator of the National Aeronautics and Space Administration (NASA) from entering into any contract in furtherance of a space station program until FY 2000. (Sec. 3013) Requires the Secretary of Defense and the Administrator of NASA to cancel the National Aerospace Plane program. Title IV: Energy - Subtitle A: Abolishment of Department of Energy - Department of Energy Abolishment Act - Abolishes the Department of Energy (DOE) as such, but redesignates it as the Energy Programs Resolution Agency, an independent executive agency headed by an Administrator appointed by the President to wind-up the affairs of the former Department before its own termination three years after enactment of this Act. (Sec. 4017) Requires a Comptroller General report to the Congress recommending the most efficient means for achieving the complete abolishment of the former Department and the termination or transfer of its functions. (Sec. 4021) Establishes an independent Energy Laboratory Facilities Commission to make recommendations for reducing the number of energy laboratories and terminating laboratory programs through closure, privatization, and reconfiguration in order to eliminate duplication, reduce overhead, and achieve cost savings while preserving their role in national defense. Authorizes appropriations. Details specific procedures for making and implementing Commission recommendations, allowing for public comment in the process, unless such recommendations are disapproved by the Congress. Establishes in the Treasury the Energy Laboratory Facility Closure Account for use in conjunction with recommendations implemented above. Requires certain congressional reports on such implementations. (Sec. 4031) Federal Power Asset Privatization Act of 1995 - Directs the Secretary of Energy to sell, at the highest possible price and with appropriate private sector advice, all Federal electric power generation and transmission facilities supervised by, or coordinated with, the Federal Power Marketing Administrations (FPMA) in accordance with a specified graduated deadline. Restricts such sales to domestic entities or U.S. citizens. Requires the Secretary to terminate FPMA operations upon sales completion. Expresses the sense of the Congress that the purchaser of any such facilities should offer to employ former FPMA personnel where possible. Mandates deposit of sales proceeds in the Treasury. Limits rate increases by facility purchasers to a maximum of ten percent above the baseline price annually. Directs the Federal Energy Regulatory Commission (FERC) to issue to the purchaser of a hydroelectric generation facility a ten-year original license under the Federal Power Act to insure that the project will continue operations under the same conditions as were applicable before the sale. Grants FERC Federal Power Act jurisdiction over any such facility sold. Amends the Energy and Water Development Appropriations Act of 1993 to repeal the proscription on use of appropriated funds for studies regarding a changeover from an "at cost" to a "market rate" or other noncost-based methodology for pricing hydroelectric power. (Sec. 4041) Transfers to the Secretary of the Interior all functions of DOE with respect to the Strategic Petroleum Reserve, requiring disposal of certain Louisiana reserves and appointment of an advisory board to monitor the disposal process and recommend whether the entire reserve should be maintained or disposed of. Outlines requirements for the transfer of the naval petroleum reserves to the Department of the Interior for sale, subject to certain conditions, including a sales price not less than fair market value. Establishes in DOD the Defense Nuclear Programs Agency, headed by an Under Secretary for Defense Nuclear Programs, to carry out various specified nuclear weapons-related functions of certain defense agencies as well as transferred DOE national security functions and certain nondefense-related functions as well at various specified Federal laboratories. Gives the Director of the Office of Management and Budget (OMB) and the Secretaries of Defense and of the Navy the authority to wind-up any outstanding affairs associated with the respective functions transferred above. (Sec. 4059) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to add a new title IV governing environmental restoration activities at defense nuclear facilities. (Sec. 4061) Provides for termination of specified miscellaneous DOE energy supply R&D programs and all clean coal technology, fossil energy, and energy conservation R&D activities. Transfers: (1) all functions of the Energy Information Administration to the Department of the Treasury; and (2) all international regulatory functions of the Energy Regulatory Administration (ERA) to the Secretary of Agriculture, and all ERA functions with respect to pending litigation to the Attorney General. (Sec. 4071) Terminates waste site work under the Nuclear Waste Policy Act of 1982. (Sec. 4072) Abolishes the Office of Civilian Radioactive Waste Management and transfers its functions with respect to a radioactive waste and spent nuclear fuel repository to the U.S. Geological Survey. (Sec. 4073) Directs the Corps of Engineers to design, construct, and operate a facility with sufficient capacity for interim storage of high-level nuclear waste from civilian power plants at a site chosen by the Nuclear Waste Technical Review Board under the jurisdiction of DOE, until the Corps is able to transfer such waste and spent fuel. Requires the facility to be licensed in accordance with applicable regulations. Exempts Corps actions from judicial review (Sec. 41101) Mandates sale of the naval petroleum reserves at fair market value, with sales proceeds going toward Federal deficit reduction and Department environmental costs associated with the petroleum interests sold. (Sec. 4102) Prohibits the Secretary of Energy from obligating any funds for the acquisition of petroleum products for the Strategic Petroleum Reserve. Subtitle C: Reform Fossil Fuel and Mineral Research Development Programs - Provides for the privatization of the U.S. Enrichment Corporation, including establishment by the Corporation of a private corporation to which some or all of its assets and liabilities may be transferred. (Sec. 4202) Authorizes diminishing appropriations from FY 1996 through 2000 for fossil fuel, energy conservation, magnetic fusion, solar and renewable energy, and nuclear energy R&D. (Sec. 4203) Prohibits obligation of funds for the Clean Coal Technology program (except to a specified extent) as well as the atomic vapor laser isotope separation program. Subtitle D: Reform Energy Conservation Programs - Repeals weatherization, State energy conservation, and institutional conservation programs under the Energy Conservation and Production Act. Title V: Environment - Subtitle A: Public Land Use and Purchase Reforms - Places a five-year moratorium on certain land acquisitions by Federal agencies with respect to lands to be administered by the Forest Service and other Federal environmental agencies with certain exceptions pertaining to national security interests. Sets restrictions on land exchanges during such period. (Sec. 5002) Amends the National Forest Management Act of 1976 to prohibit certain below-cost timber sale programs in units of the National Forest System. (Sec. 5003) Amends various specified Federal laws to set permanent limitations on amounts authorized to be appropriated each fiscal year for the National Forest System and related agriculture conservation and forestry programs. (Sec. 5004) Provides that in accordance with the discretionary authority provided under the Raker Act, certain annual amounts paid to the United States shall be increased to the amount determined by the Secretary of the Interior to be equal to the fair market value of the electric power generated within a described area. (Sec. 5005) Amends the Alaska National Interest Conservation Act to repeal the prohibition against mineral leasing of lands within the Arctic National Wildlife Refuge. Requires deposit of leasing revenues in the Treasury. (Sec. 5006) Requires the charging of admission and other specified user fees at National Park System units for crediting to various special funds for conservation- and park-related uses. Allows donations of money, property, and services for national park use. Subtitle B: Environmental Conservation, Cleanup, and Research Reforms - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to direct the President to give a preference to certain interim measures in Superfund response actions, and report to the Congress on their use. (Sec. 5101) Amends the Superfund Amendments and Reauthorization Act of 1986 and the Internal Revenue Code to authorize appropriations from the Superfund. (Sec. 5102) Amends the Food Security Act of 1985 to eliminate the conservation reserve program. (Sec. 5103) Eliminates Federal funding for State water pollution control revolving funds under the Federal Water Pollution Control Act, as well as for certain watershed and flood prevention operations. (Sec. 5105) Sets obligation limitations for certain flood control (particularly for the Mississippi River and tributaries) and coastal emergency operations by the Corps of Engineers. Subtitle C: Restructuring of Department of the Interior - Provides for a restructuring of the Department of the Interior, including changes: (1) establishing the Bureau of Land Management Sale and Acquisition (BLMSA) Fund; (2) prohibiting acquisition of lands for the Bureau of Land Management, except by exchange, donation, or with amounts from the BLMSA Fund; (3) abolishing the Bureau of Mines and all of its functions, positions, and offices; (4) mandating cessation of production, refining, and marketing of refined helium by the Department, and the sale of crude helium from helium reserves owned by the United States; (5) transferring to the National Science Foundation and the Environmental Protection Agency (EPA) of all basic research and of all stream monitoring functions, respectively, of the U.S. Geological Survey, abolishing the Survey and all its other functions; (6) requiring transfer to a Department officer of the functions of certain Outer Continental Shelf Regional Offices of the Minerals Management Service, and termination of such regional offices; (7) setting reductions in appropriations for the Bureau of Reclamation; (8) requiring consolidation of Bureau of Indian Affairs area service offices; and (9) abolishing the Office of Territorial and International Affairs and the National Biological Survey. Outlines hardrock mining royalty requirements pertaining to payments, recordkeeping, and other specified matters. Subtitle D: Administrative Reform - Provides for a reduction in EPA overhead expenses. Subtitle E: National Marine Program Reforms - Terminates National Coastal Zone Management Grants and National Sea Grant College Program Grants. Directs the Secretary of Commerce to dispose of the National Oceanic and Atmospheric Administration (NOAA) fleet. Rescinds specified FY 1995 funds for NOAA procurement, modernization, and construction. Subtitle F: Corps of Engineers Reform - Directs the Secretary of the Army to reorganize the Corps of Engineers. Imposes obligational limitations for various specified Corps activities, including general investigations. Title VI: Agriculture - Subtitle A: Agriculture Research and Extension - Directs the Secretary of Agriculture to: (1) consolidate specified agricultural research agencies, with associated personnel reductions; (2) terminate certain cooperative agricultural extension work; and (3) impose specified agricultural- and extension-related program caps. Repeals rural technology grant authority. Subtitle B: Agricultural Trade - Makes various specified changes concerning agricultural trade. Mandates phase-out of the Foreign Agricultural Service's co-operator market development program. Eliminates export enhancement and market promotion programs. Reduces the loan guarantee program under the Agricultural Trade Act of 1978. Subtitle C: Department of Agriculture Overhead Reduction - Provides for a Department overhead reduction. Subtitle D: Loan Reform - Terminates the grant program under the Agricultural Credit Act of 1987 to assist State mediation programs. Subtitle F: Crop Commodity Reform - Eliminates various specified price support programs for agricultural commodities except for milk, emergency livestock feed assistance, and other specified program components and related marketing quotas. (Sec. 6402) Terminates Federal price supports for honey. Title VII: Commerce and Housing Credit - Subtitle A: Small Business Administration Reform - Eliminates the Small Business Administration (SBA), transferring to the OMB Director and other specified officials its respective functions, powers, and duties. Establishes in its place an Office of Small Business Advocacy, in the Executive Office of the President, to carry out functions formerly vested in the SBA Chief Counsel of Advocacy. Provides for winding-up the affairs of SBA, including the transfer of its previously owned financial obligations to the Secretary of the Treasury. (Sec. 7010) Repeals the Small Business Act and the Small Business Investment Act of 1958 while leaving in effect certain Small Business Act provisions relating to the definition of "small business concern", among other specified provisions that include those on penalties for prohibited acts. Subtitle B: Housing Credit Reform - Makes specified changes with regard to housing credit under the National Housing Act and the Housing Act of 1949, including increased fees for Farmers Home Administration (FMHA) single family housing loan guarantees, and delegation of single family mortgage insuring authority to mortgagees and secondary market entities. Subtitle C: Abolition of Department of Commerce and Disposition of Particular Programs, Functions, and Agencies - Redesignates the Department of Commerce as an independent but temporary Commerce Programs Resolution Agency for winding-up outstanding Department affairs not included in the various specified former Department entities and functions either transferred to other specified departments, agencies, and entities of the Federal Government, or terminated in accordance with specified guidelines. Requires a report by the Comptroller General to the Congress recommending the most efficient means of achieving the complete abolishment of the former Department. (Sec. 7232) Transfers specified export control functions to the Secretary of State. Provides for the transfer to certain departments and agencies of: (1) the Secretary of Commerce's national security, international trade, and spectrum management functions; (2) the Patent and Trademark Office; (3) the Bureau of the Census; and (4) the Bureau of Economic Analysis. Terminates NOAA, the Minority Business Development Administration, the National Telecommunications and Information Administration, the Advanced Technology Program, and the Manufacturing Extension Programs. (Sec. 7244) Expresses the sense of the Congress that the head of each agency that performs a function vested in it by this title should, wherever feasible, explore and implement user fees for the provision of services in the performance of that function in order to offset operating costs. (Sec. 7260) Limits annual expenditures for continued former Department functions. Subtitle D: Banking and Insurance Reforms - Amends the Federal Deposit Insurance Act and the Federal Reserve Act with respect to Federal Deposit Insurance Corporation (FDIC) and Federal Reserve Board bank examination fees. (Sec. 7311) Establishes an independent Federal Banking Agency, governed by a board of directors, to receive the current regulatory authority of the Federal Reserve System Board of Governors and other specified banking agencies, including the FDIC, the Office of Comptroller of the Currency, and the Office of Thrift Supervision, which are abolished. (Sec. 7325) Amends the National Housing Act with respect to mortgage refinancing. (Sec. 7326) Prescribes a penalty for early redemption of savings bonds. (Sec. 7328) Terminates issuance of one dollar notes, providing instead for one dollar coins. Subtitle E: Specific Commerce and Housing Program Reforms - Limits FY 1996 obligations for the Minority Business Development Agency. Terminates the U.S. Travel and Tourism Administration. Limits funds for carrying out the Export Administration Act of 1979. Amends the Communications Act of 1934 to repeal the public telecommunications facilities and telecommunications demonstration grant programs. (Sec. 7405) Amends the National Institute of Standards and Technology Act to abolish the advanced technology program. (Sec. 7406) Directs the Secretary of the Treasury to collect each fiscal year fees, calculated according to specified formulae, from each Government-sponsored enterprise, including the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), the Student Loan Marketing Association (Sallie Mae), and the College Construction Loan Insurance Association (Connie Lee). Amends the National Housing Act to increase from six basis points to ten basis points during FY 1997, and to 15 basis points for succeeding fiscal years, the guaranty fee the Government National Mortgage Association (Ginnie Mae) must charge. (Sec. 7407) Amends the Communications Act of 1934 to extend the spectrum auction authority of the Federal Communications Commission. (Sec. 7408) Limits amounts made available for salaries and expenses for the Bureau of the Census and the Copyright Office of the Library of Congress. Title VIII: Transportation - Subtitle A: Air Transportation Program Reform - Air Traffic Control Service Privatization and Improvement Act of 1995 - Establishes a non-profit Airways Corporation to operate the civil air traffic control system without Federal funding after its transfer by the Secretary of Transportation in accordance with specified guidelines. Provides for a reduction in tax on transportation of persons by air. (Sec. 8002) Makes various specified changes with regard to air transportation, imposing obligation limits for airport improvement program and Federal Aviation Administration operations, as well as termination of the essential air service program and funding for the airway science, collegiate training initiative, and air carrier maintenance technician training facility grant programs. (Sec. 8006) Mandates fees for use of slots at high density airports in an amount sufficient to collect $300 million per fiscal year. Subtitle B: Highway Transportation Program Reform - Terminates the Interstate Commerce Commission, transferring its functions to the Secretary of Transportation. (Sec. 8102) Increases customs tonnage fees. (Sec. 8103) Directs the Secretary to establish fees for operation of foreign repair stations. (Sec. 8104) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to eliminate funding for highway demonstration projects. Subtitle C: Rail Transportation Program Reform - Amends Federal law to set authorization levels for Amtrak for capital expenditures and other expenses through FY 2000. (Sec. 8202) Eliminates funding for magnetic levitation (Maglev) prototype development under the Intermodal Surface Transportation Efficiency Act of 1991. (Sec. 8204) Makes various specified changes with regard to local rail freight assistance and State boating safety grants. Subtitle D: Miscellaneous Transportation Program Reform - Amends Federal law to reduce the Federal Government's share of funding for mass transit and makes other miscellaneous modifications in transportation provisions, including those eliminating operating assistance. Subtitle E: Administrative Reform - Provides for a reduction in overhead expenses of the Department of Transportation. Title IX: Community and Regional Development - Subtitle A: Housing Program Reforms - Amends the Housing Act of 1949 to prohibit new rural rental housing program loans. Subtitle B: Community and Regional Development Program Reforms - Eliminates funding for environmental research programs of the Tennessee Valley Authority. (Sec. 9102) Eliminates the community development block grant (CDBG) program under the Housing and Community Development Act of 1974. (Sec. 9103) Terminates the Economic Development Administration. Repeals the Public Works and Economic Development Act of 1965 and the Local Public Works Capital Development and Investment Act of 1976, continuing the Economic Development Revolving Fund established under the first named Act to finish up certain business under it. (Sec. 9104) Terminates the Appalachian Regional Commission and repeals the Appalachian Regional Development Act of 1965. (Sec. 9105) Repeals the Rural Electrification Act of 1936, and various rural development loan and grant programs under the Consolidated Farm and Rural Development Act, the Food, Agriculture, Conservation, and Trade Act of 1990, the Food Security Act of 1985, and other specified Federal agricultural law. Provides for sale of outstanding rural development loans. Subtitle C: Administrative Reforms - Sets specified limits on amounts made available for Indian program operations and Bureau of Indian Affairs construction. Title X: Education and Training - Subtitle A: Job Training Reform - Employment Enhancement Reform Act - Authorizes the Secretary of Labor to provide block grants to States for employment assistance to eligible residents in accordance with specified guidelines to help prepare individuals for employment by increasing their occupational and educational skills, resulting in improved long-term employability, increased employment and earnings, and reduced welfare dependency. Outlines provisions for grants to Indian tribes and migrant and seasonal farmworker organizations under the program. Provides for a reduction or termination of payments to participating States unsuccessful in making employment placements under the program. Authorizes appropriations. (Sec. 10031) Provides for consolidation and repeal of various specified Federal employment assistance programs under the Stewart B. McKinney Homeless Assistance Act and the Rehabilitation Act of 1973. (Sec. 10041) Amends the Higher Education Act of 1965 to repeal certain higher education programs for students from migrant and seasonal farmworker families. (Sec. 10042) Amends Federal law to eliminate various specified homeless and disabled veterans programs. (Sec. 10043) Amends the Domestic Volunteer Service Act to eliminate the Foster Grandparent and Senior Companion programs, as well as the Older American Community Service Employment Program under the Older Americans Act of 1965. (Sec. 10044) Repeals the Job Training Partnership Act, except certain provisions relating to the Job Corps, which is reauthorized at specified levels. (Sec. 10045) Discontinues certain vocational and other education facilities and operations programs under the Appalachian Regional Development Act of 1965. (Sec. 10046) Amends the Internal Revenue Code to repeal the targeted jobs credit. (Sec. 10047) Repeals the Service Members Occupational Conversion and Training Act of 1992, the Carl D. Perkins Vocational and Applied Technology Education Act, the National Literacy Act of 1991, the Indian Employment, Training and Related Services Demonstration Act of 1992, the Wagner-Peyser Act, and portions of the Social Security Act (SSA) relating to Indian tribes and of the Domestic Volunteer Service Act of 1973 authorizing the Literacy Corps. (Sec. 10054) Amends other specified Federal law to repeal various other specified programs. Subtitle B: Department Reform - Back to Basics Education Reform Act - Abolishes the Department of Education and redefines the Federal role in education. Establishes, in its place, (and sunsets) an Office of Economic Opportunities in the Department of Health and Human Services (HHS), to which current Department of Education functions are transferred. (Sec. 10115) Authorizes the HHS Secretary, as is necessary or appropriate, to: (1) allocate or reallocate any function of the Office among its officers; and (2) consolidate, alter, or discontinue in the Office any organizational entities that were entities of the Department of Education. Prohibits transfer of any function or personnel of the Office to any agency outside of the Office. (Sec. 10116) Directs the President to submit to the Congress a plan for winding-up the affairs of the Department of Education in accordance with this Act. (Sec. 10117) Directs the Comptroller General to submit to the Congress a report with recommendations for the most efficient means of achieving, in accordance with this Act: (1) the complete abolition of the Department; and (2) the termination, transfer, or other continuation of Department functions. (Sec. 10120) Limits Federal expenditures in each fiscal year for the administration of a function transferred by this Act to not more than 70 percent of the total amount expended for the administration of that function during fiscal year 1995. (Sec. 10131) Authorizes the Director of the Office to provide an elementary and secondary education block grant to the Governor of each State that complies with specified requirements. (Sec. 10132) Authorizes such block grant program, and sets forth provisions for State eligibility, general State requirements, amount of State allotment, local fiscal accountability, and participation of children enrolled in private schools. (Sec. 10139) Authorizes appropriations. (Sec. 10141) Repeals: (1) titles I, II, III, IV, V, VI, VII, X, XI, XII, XIII, XIV, and parts B and C of title IX of the Elementary and Secondary Education Act of 1965 (ESEA); (2) the Goals 200: Educate America Act; (3) the School-to-Work Opportunities Act; (4) specified provisions of the General Education Provisions Act; and (5) the National Education Statistics Act of 1994. Amends ESEA provisions relating to impact aid. Requires that impact aid programs provided under title VIII of ESEA be administered by DOD through the Assistant Secretary for Force Management Policy. Provides that Indian education programs under part A of title IX of ESEA shall be administered by the Department of the Interior through the Assistant Secretary for Indian Affairs. (Sec. 10142) Amends the Individuals with Disabilities Education Act (IDEA) to transfer authority from the Department and Secretary of Education to the Department and HHS Secretary. (Sec. 10143) Amends IDEA definitions of excess costs and of native language. (Sec. 10144) Transfers IDEA administering authority to the Office. (Sec. 10145) Revises IDEA provisions on outreach services for certain institutions of higher education. (Sec. 10151) Repeals the Higher Education Act of 1965 (HEA), with exceptions for its short title and provisions relating to Pell Grants, the Federal Family Education Loan Program, Perkins Loans, needs analysis, certain general provisions, definitions, and the program integrity triad. Provides that such repeal of HEA provisions shall not affect Federal authority to collect loans. Discontinues Federal contributions for FY 1997 or any succeeding year to student loan funds established under Perkins Loans provisions of HEA. Limits Federal funds for Howard University under specified Federal law and the Howard University Endowment Act to: (1) specified maximum amounts and uses in fiscal years through FY 2000; and (2) nothing after FY 2000. (Sec. 10152) Amends the Congressional Budget Act to revise the Federal Credit Reform Act with respect to defining the cost of a direct loan. (Sec. 10153) Amends HEA to provide for the sale of Federal Direct Student Loan (FDSL) loan portfolios. (Sec. 10154) Makes a statement of policy that the Federal student loan programs should be reviewed to evaluate whether reforms need to be made based on the principles of risk sharing, market-based orientation, privatization, and deregulation. (Sec. 10155) Eliminates in-school interest subsidies under HEA guaranteed loan programs. (Sec. 10161) Authorizes block grants to States to assist institutions of higher education to improve access to higher education and the quality of educational programs. (Sec. 10162) Sets forth such block grant program provisions for distribution of funds, State assurances, use of funds, and public disclosure. (Sec. 10167) Authorizes appropriations. (Sec. 10173) Directs the HHS Secretary to provide for a consolidated application for elementary and secondary education block grants and higher education block grants. Requires that consolidated applications also be permitted at the local level. (Sec. 10174) Limits the amount that is authorized to be appropriated for specified programs to not more than the amount appropriated for such programs for FY 1995. Requires that such programs be authorized through FY 2000. (Sec. 10175) Provides that nothing in this title shall be construed to affect the applicability of civil rights laws relating to any program established, transferred, or consolidated under this Act. Sets forth education-related civil rights enforcement and reporting duties of the HHS Secretary, the Director of the Office of Civil Rights of HHS, and the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice. (Sec. 10181) Sets forth requirements relating to certain references, exercise of authorities, savings provisions, transfer of assets, delegation and assignment, authority of OMB with respect to functions transferred, and proposed changes in law. (Sec. 10191) Sets forth statements of policy regarding: (1) Federal education funding (review and evaluation as to the feasibility of further enhancing the ability of States and local communities to fund education by reducing the Federal tax burden and commensurately eliminating Federal Government involvement in providing grants for education programs); (2) job training programs (review and transfer all those under jurisdiction of the Department of Education to the Department of Labor and consolidate them into one or more block grants); and (3) Indian education (review programs transferred to the Department of the Interior to ensure that they benefit Native American children who live on reservations). Subtitle C: Elementary and Secondary Education Reforms - Amends the Elementary and Secondary Education Act of 1965 to eliminate impact aid and the Eisenhower Regional Mathematics and Science Education Consortia program. (Sec. 10203) Amends the Individuals with Disabilities Education Act to limit the authorization of appropriations for individuals with disabilities to the same amount for the period between FY 1996 and 2000. (Sec. 10204) Sets a limit on the amount of funds which may be made available annually to carry out the Eisenhower Professional Development State Grant program under the Elementary and Secondary Education Act of 1965. Outlines similar annual limitations with regard to other specified programs under such Act, such as the education infrastructure and magnet school assistance programs, as well as the Education Department's Christa McAuliffe Scholarship program. (Sec. 10212) Continues annual funding limitations under such Act for dropout demonstrations and other specified programs and activities, as well as with certain described programs and services under the Stewart B. McKinney Homeless Assistance Act and Civil Rights Act, respectively, while totally eliminating other specified programs under such Acts, including those involving immigrant education and education for Native Hawaiians. (Sec. 10224) Abolishes programs under the Improving America's Schools Act of 1994 relating to public library construction and national assessment of educational progress. Subtitle D: Community Program Reforms - Repeals the National Foundation on the Arts and the Humanities Act of 1965, the National and Community Service Act of 1990, the Domestic Volunteer Service Act of 1973, and related provisions. (Sec. 10303) Repeals the Museum Services Act. (Sec. 10304) Terminates funding for the Kennedy Center. (Sec. 10305) Repeals the Older Americans Community Service Employment Act. (Sec. 10306) Amends SSA title XX (Block Grants to States for Social Services) to consolidate services under various specified Federal Acts relating to community services, child care, and dependent care within the block grant program under SSA. (Sec. 10307) Makes numerous amendments to the Older Americans Act of 1965, detailing various specified changes reauthorizing and extending various programs, activities, and services under it at lower levels of funding. (Sec. 10308) Amends the Communications Act of 1934 to terminate funding for the Corporation for Public Broadcasting. Subtitle E: Employment Program Reform - Terminates general trade adjustment assistance extension under the Trade Act of 1974. (Sec. 10402) Amends SSA title II (Old Age, Survivors, and Disability Insurance) (OASDI) to preempt State laws reducing periodic benefits by reason of entitlement to disability insurance benefits, thus extending to all States the rule providing for reduction of social security disability insurance benefits upon receipt of worker's compensation benefits. (Sec. 10403) Repeals the Service Contract Act of 1965. (Sec. 10404) Specifies a reduction in overhead expenses of the Department of Labor. Title XI: Health - Subtitle A: Administrative Reform - Specifies a reduction in overhead expenses of HHS. Subtitle B: University Research Regarding Health and Other Matters - Provides for a reduction in rates for the indirect costs of federally-supported university research. (Sec. 11102) Amends the Public Health Service Act to specify a reduction in budget of the National Institutes of Health and provide for a reduction in health professions budget, as well as authorize appropriations for programs for minority and economically disadvantaged students. (Sec. 11104) Provides for closure of the uniformed services University of the Health Sciences. Subtitle C: Medicaid Reforms - Amends SSA title XIX (Medicaid) to provide for: (1) a reduction in Federal payments for disproportionate share hospitals; (2) imposition of State limits on approved nursing facility beds; and (3) a reduction to 50 percent in the matching rate for administrative costs under Medicaid. Subtitle D: Reforms in Health Care Block Grants - Amends title XIX (Block Grants) of the Public Health Service Act to provide for a consolidation of specified health-related block grants. Authorizes appropriations. (Sec. 11302) Specifies a reduction in budget for immunization programs. Prohibits warehousing vaccines. Subtitle E: Health Care Program Reforms - Specifies reductions in agency and program budgets under the Public Health Service Act. (Sec. 11403) Abolishes the Office of the Surgeon General of the Public Health Service. Subtitle F: Federal Employee Health Care Reform - Amends Federal civil service law to change the Government contribution to the Federal Employees Health Benefits Program from a percentage of the average subscription charge for a particular program to a uniform dollar amount (adjusted annually according to a specified price index) for all such programs. Title XII: Medicare - Subtitle A: Copayment Reform - Amends SSA title XVIII (Medicare) to impose a 20 percent copayment for home health services and clinical laboratory services under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance). Subtitle B: Part B Premium - Provides for an increase in the Medicare part B premium for certain high-income individuals, and associated beneficiary reporting requirements. Requires the Secretary of the Treasury, upon request by the Administrator of the Health Care Financing Administration, to make certain tax return-related disclosures to the Administrator for use in determining whether a beneficiary is subject to such a premium increase. (Sec. 12103) Sets the monthly part B premium at 50 percent of the monthly actuarial rate for enrollees age 65 and over for the succeeding calendar year. Subtitle C: Part A Deductible - Provides for an increase in the Medicare Hospital Insurance deductible for certain high-income individuals. Subtitle D: Medicare Payments to Hospitals - Makes various specified changes with regard to Medicare payments to hospitals, including elimination of payments to hospitals for enrollees' bad debts and reduction in payments for indirect costs of medical education. Subtitle E: Selected Presidential Medicare Reforms - Requires the HHS Secretary to use a competitive process for contracting with centers of excellence for cataract surgery, coronary artery by-pass surgery, and other appropriate services. Sets payment for services subject to such contracts on the basis of specified negotiated or all- inclusive rates. Provides payment rebates of a portion of the resulting savings for individuals receiving services under such a demonstration project. (Sec. 12402) Provides for application of a competitive acquisition process for Medicare part B items and services as well as a reduction in payment amounts to the area involved if such acquisition fails to achieve a specified minimum reduction in payments. Provides for a similar application with respect to clinical diagnostic laboratory tests. (Sec. 12404) Makes various specified changes with regard to Medicare as secondary payer. (Sec. 12405) Provides under Medicare part B for limitations on payment for physicians' services furnished by high-cost hospital medical staffs. (Sec. 12406) Delineates various specified update reductions and expenditure goals with regard to inpatient hospital services and physician services, respectively. (Sec. 12408) Reduces from 112 percent to 100 percent (adjusted to preserve certain savings) the payment for the routine service costs of skilled nursing facilities. (Sec. 12409) Provides for a reduction in routine cost limits for home health services and elimination of formula-driven overpayments for certain outpatient hospital services. Title XIII: Income Security - Subtitle A: Administrative Reform - Repeals the Department of Housing and Urban Development Act to eliminate the Department of Housing and Urban Development. Amends the National Housing Act to terminate the Government National Mortgage Association (Ginnie Mae). Makes various other specified administrative changes with regard to housing programs and the transfer of Department functions, including providing for their consolidation into a block grant program and privatization of the Federal Housing Administration (FHA). Subtitle B: Housing Programs Reforms - Eliminates operating subsidies for vacant public housing and provides for an increase of certain tenant contributions under the United States Housing Act of 1937, along with other specified changes under such Act. Subtitle C: Supplemental Security Income Reforms - Modifies the Supplemental Security Income (SSI) program under SSA title XVI concerning: (1) reporting of admissions of SSI recipients to nursing homes; (2) limiting SSI benefits for recipients in nursing homes if Medicaid pays certain care costs; (3) unearned income exclusion under the program; and (4) recovery of SSI overpayments from social security benefits. Subtitle D: Civil Service Reforms - Increases the retirement age under the Federal Employees Retirement System (FERS) to 65 for certain post-1993 new employees and Members of Congress. (Sec. 13302) Defers until age 62 the cost-of-living adjustments for military retirees who first entered military service on or after January 1, 1996. (Sec. 13303) Amends Federal law to eliminate a portion of the Government contribution to the Thrift Savings Plan for Federal employees hired, or Members of Congress first elected, after December 31, 1994. Subtitle E: Assistance Program Reforms - Makes various specified changes with regard to low-income home energy assistance programs, setting annual authorization limits under the Low-Income Home Energy Assistance Act of 1981, and establishing additional requirements for unemployment benefits. (Sec. 13403) Denies unemployment benefits to individuals who voluntarily leave military service. (Sec. 13404) Provides for an increase in the variable rate premium charged by the Pension Benefit Guaranty Corporation to single-employer plans under the Employee Retirement Income Security Act of 1974 (ERISA). Title XIV: Personal Responsibility and Family Preservation - Personal Responsibility Act of 1995 - Subtitle A: Block Grants For Temporary Assistance For Needy Families - Expresses the sense of the Congress with regard to: (1) the importance of marriage and negative consequences of out-of-wedlock births; and (2) the reduction of such births as an important government interest. (Sec. 14101) Amends part A (Aid to Families with Dependent Children) (AFDC) of SSA title IV to convert the current AFDC program into a block grant program with specified work, job search, and education and training requirements designed to increase State flexibility in providing time-limited assistance and support services (including birth control and child care services) to needy families in order to enable them to leave the program and become self-sufficient. Prohibits such assistance, generally, to: (1) certain aliens; (2) families without a minor child; (3) families not cooperating in paternity establishment or child support; (4) children born out-of-wedlock to a minor parent (or the parent until such parent turns age 18); (5) families not assigning support rights to the State; (6) minor children born to benefit recipients (except that vouchers in lieu of certain child care cash benefits shall not be denied); (7) a person convicted of fraudulently misrepresenting residence in order to receive welfare benefits; (8) fugitive felons and probation and parole violators; and (9) minor children absent from the home for specified periods of time. Requires the withholding of a portion of assistance from families which include a child whose paternity is not established. Provides that in order to be eligible for block grants under such program a State must submit to the HHS Secretary a plan that includes: (1) an outline of the assistance the State intends on providing to needy families with children; and (2) certifications that the State will operate revised SSA title IV part B (Child-Welfare Services) and D (Child Support and Establishment of Paternity) programs in accordance with this Act. Allows States to use grants for: (1) providing low-income household heating and cooling assistance; (2) implementing an electronic benefit transfer system for providing assistance to needy families with children; and (3) carrying out a State program pursuant to specified provisions of Federal law, including the Child Care and Development Block Grant Act of 1990. Gives States the authority to treat families moving interstate under the former State program rules if they reside in their new State of residence for less than 12 months. Increases the amount of such grants for States which have reduced their out-of-wedlock births. Prescribes penalties for violations of grant uses and mandatory work requirements. Establishes in the Treasury a revolving loan fund known as the Federal Rainy Day Fund for making loans to, and receiving payments of principal and interest on such loans from, qualified States under the new State block grant program. Expresses the sense of the Congress that States: (1) should require noncustodial, nonsupporting parents who have not attained 18 years of age to fulfill community work obligations and attend appropriate parenting or money management classes after school; and (2) operating block grant programs are encouraged to assign the highest priority to requiring families that include older preschool or school-age children to be engaged in work activities. Directs the Secretary to: (1) research the costs and benefits of State activities under this title; (2) evaluate innovative approaches to employing program recipients; (3) rank States in order of their success under the grant program; and (4) review the most and least successful State work programs. Sets forth requirements for: (1) State data collection and reporting; and (2) a Census Bureau study obtaining information for evaluating the impact of this title on a random national sample of recipients of assistance under State block grant programs. Appropriates funds for the latter. Authorizes the Secretary to: (1) conduct research on the effects, costs, and benefits of State block grant programs under this title; (2) assist States in development and evaluation of innovative approaches to employing welfare recipients; and (3) conduct studies of the caseloads of States operating programs under this title. Directs the Secretary to develop innovative methods of disseminating information on any research, evaluations, and studies conducted under this title. (Sec. 14102) Directs the Secretary to report to the Congress on automated data processing systems under State block grant programs and the modifications necessary for tracking public program participants and checking case records to prohibit participants from participating in public programs of two or more States. (Sec. 14106) Provides for the continued application of current AFDC standards under Medicaid. Subtitle B: Child Protection Block Grant Program - Revises SSA title IV part B's Child-Welfare Services program, converting it also into a program of block grants to the States, in this case, for the protection of children in accordance with specified standards. (Sec. 14201) Sets forth requirements regarding: (1) State eligibility plans with appropriate certifications; (2) grant uses; (3) penalties; (4) data collection and reporting; (5) research; (6) a national random sample study of at-risk children; and (7) continued application of current standards under Medicaid. Allows grant-receiving States to consider establishing kinship care foster care placement programs with a preferred placement option for adult relatives (who meet all relevant child protection standards) of children separated from their parents. Adds requirements for: (1) citizen review panels for examining specific cases to ensure that State and local agencies are doing their job properly to protect children; (2) a clearinghouse and telephone hotline on missing and runaway children; (3) decreasing the time children wait for adoption; and (4) preventing discrimination in multiethnic placements of children. Authorizes appropriations. (Sec. 14205) Expresses the sense of the Congress regarding timely adoption of children. Subtitle C: Block Grants for Child Care and for Nutrition Assistance - Amends the Child Care and Development Block Grant Act of 1990 to add the following as goals for such Act: (1) to allow each State maximum flexibility in developing child care programs and policies that best suit the needs of children and parents within such State; (2) to promote parental choice to empower working parents to make their own decisions on the child care that best suits their family's needs; (3) to encourage States to provide consumer education information to help parents make informed choices about child care; (4) to assist States to provide child care to parents trying to achieve independence from public assistance; and (5) to assist States in implementing the health, safety, licensing, and registration standards established in State regulations. (Sec. 14301) Reauthorizes and extends such Act through 2000. Makes various specified technical and other changes to the Child Care and Development Block Grant Act of 1990 with regard to lead State agency designation, State application and plan, and limitations on State allotments. Repeals earmarked required expenditures. Requires each State to report a plan for annual evaluations of the extent to which the State has achieved each goal established by this Act. Authorizes a State to transfer funds to carry out other State programs operated under specified provisions of Federal law, including AFDC and child-welfare programs. (Sec. 14302) Repeals certain child care assistance authorized by specified Acts other than SSA, including Native Hawaiian Family-Based Education Centers under the Native Hawaiian Education Act. Revises the Child Nutrition Act of 1966, among other changes, converting the current child nutrition program under it into a State family nutrition block grant program with goals that include the following: (1) to provide nutritional risk assessment, food assistance based on such risk assessment, and nutrition education and counseling to economically disadvantaged pregnant women, postpartum women, breastfeeding women, infants, and young children at nutritional risk; and (2) to provide food assistance, including nutritious meal supplements, to such women in order to reduce incidences of low- birthweight babies and babies born with birth defects as a result of nutritional deficiencies. (Sec. 14321) Sets forth the formula for allotting appropriations among the States. Specifies the use of grant amounts, including specified additional requirements with respect to: (1) assistance for economically disadvantaged pregnant women, postpartum women, breastfeeding women, infants, and young children; and (2) child care assistance on military installations. Establishes penalties for misuse of funds. Requires the appropriate State agency to determine that sufficient grant amounts will remain available during a fiscal year to carry out this subtitle before using any such amounts for the fiscal year. Sets out State reporting requirements. Directs the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences to develop, and report to specified congressional committees, model nutrition standards for food assistance provided to economically disadvantaged pregnant women, postpartum women, breastfeeding women, infants, and young children. Authorizes appropriations. (Sec. 14341) Amends the National School Lunch Act, among other changes, converting the current school lunch program into a program of school-based nutrition block grants to States to provide assistance to schools to establish and carry out nutritious food service programs that provide affordable meals and supplements to students. Requires the appropriate State agency to determine that sufficient grant amounts will remain available during a fiscal year to carry out this subtitle before using any such amounts for the fiscal year. Prohibits a State from requiring a school district, private nonprofit school, or DOD domestic dependents' school to accept commodities, except on request, for use in its food service program. Directs the States to ensure that schools provided State assistance in establishing and carrying out nutritious food service programs do not: (1) physically segregate children eligible to receive free or low cost meals or supplements on the basis of such eligibility; (2) provide for overt identification of such children by special means; or (3) otherwise discriminate against them. Provides that if, by reason of any other provision of law, a State is prohibited from providing assistance received from a grant under such Act to private nonprofit schools or DOD domestic dependents' schools, or if the State has substantially failed or is unwilling to provide such assistance, the Secretary of Agriculture shall arrange for its provision to such schools in accordance with the requirements of such Act. Directs the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences to develop, and report to specified congressional committees, model nutrition standards for meals provided to students under such Act. Eliminates other current school lunch programs, including the summer food service programs for children in service institutions, the child and adult care food program, meal supplements for children in afterschool care, specified pilot projects, as well as the current publication entitled "Nutrition Guidance for Child Nutrition Programs." Retains the current program for nutritious food service programs in DOD overseas dependents' schools. (Sec. 14361) Repeals the Commodity Distribution Reform Act and WIC Amendments of 1987 and the Child Nutrition and WIC Reauthorization Act of 1989. (Sec. 14371) Repeals the Abandoned Infants Assistance Act of 1988, with conforming amendments to the Domestic Volunteer Service Act of 1973. Repeals the Child Abuse Prevention and Treatment Act (with conforming amendments to the Victims of Crime Act of 1984), as well as the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978. Makes technical amendments to the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986, eliminating the crisis nursery demonstration program, among other changes. Repeals: (1) the Missing Children's Assistance Act; (2) the family center support provisions of the Stewart B. McKinney Homeless Assistance Act; (3) certain investigatory and prosecutory provisions of the Victims of Child Abuse Act of 1990; and (4) the family unification program provisions of the United States Housing Act of 1937. (Sec. 14381) Directs the Secretary to produce and publish data on the incidence of poverty for each State, county, and local government for which data have been compiled, as well as for each school district. Requires a report to the Congress, if such data cannot be produced, enumerating each government or school district excluded and giving the reasons for the exclusion. Authorizes appropriations. (Sec. 14382) Requires the Secretary to produce data relating to participation in programs authorized by this Act by families and children. Authorizes appropriations. (Sec. 14400) Declares that: (1) it is a compelling government interest to enact new rules for eligibility and sponsorship agreements in order to assure that aliens be self-reliant in accordance with national immigration policy; and (2) it is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits. (Sec. 14401) Makes illegal and lawful nonimmigrant aliens ineligible for any Federal means-tested public benefits program, with certain exceptions. (Sec. 14403) Makes aliens lawfully present in the United States ineligible for SSI, block grant temporary and social services assistance, Medicaid, and consolidated food assistance. Exempts from such eligibility restrictions on lawful aliens: (1) refugees until five years after their arrival in the United States; (2) all eligible resident aliens until one year after enactment of this Act; (3) all lawful permanent residents over 75 years of age who have resided in the United States for at least five years; and (4) all lawful permanent residents unable because of physical or developmental disability or mental impairment (including Alzheimer's disease) to comply with certain naturalization requirements. (Sec. 14411) Requires each Federal agency administering a program covered by this title to post information and provide general notification to the public and program recipients, either directly or through the States, of the requirements concerning alien eligibility for any such program pursuant to this title. (Sec. 14412) Makes illegal and nonimmigrant aliens ineligible for any State or local means-tested public benefits programs, with certain exceptions including those for non-cash, in-kind emergency services, aliens granted asylum, and temporary agricultural workers. (Sec. 14413) Authorizes States to determine eligibility requirements for aliens lawfully present in the United States (other than as nonimmigrants) for any State or local means-tested public assistance program except non-cash, in-kind emergency assistance. Exempts from such eligibility restrictions on lawful aliens: (1) refugees until five years after their arrival in the United States; (2) all eligible resident aliens until one year after enactment of this Act; and (3) all lawful permanent residents over 75 years of age who have resided in the United States for at least five years. (Sec. 14421) Provides that in determining the eligibility and the amount of benefits of any alien for any means-tested public benefits program (except those for certain housing-related assistance), the income and resources of the alien shall be deemed to include: (1) the income and resources of any person who executed an affidavit of support on the alien's behalf; and (2) the income and resources of the person's spouse (if any). Applies such requirement with respect to an alien until such time as the alien achieves U.S. citizenship through naturalization. (Sec. 14422) Sets forth requirements for sponsor's affidavit of support. (Sec. 14431) Sets forth definitions and provides for the determination of lawful presence. Subtitle E: Food Stamp Reform and Commodity Distribution - Food Stamp Reform and Commodity Distribution Act - Commodity Distribution Act of 1995 - Authorizes the Secretary of Agriculture to purchase and distribute food assistance commodities. (Sec. 14513) Requires the Secretary to establish procedures for supplemental State, local, and private commodity donations. (Sec. 14514) Requires a State seeking commodity assistance to submit an administrative plan every four years to the Secretary. (Sec. 14515) Establishes program allocation guidelines. Requires States to make emergency feeding organizations their first priority. (Sec. 14517) Authorizes the Secretary to use Commodity Credit Corporation (CCC) funds to pay initial commodity processing and packaging costs. (Sec. 14519) Authorizes program appropriations, including separate authorization of appropriations for administrative costs. (Sec. 14520) 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. 14521) States that commodities received under this title shall not be considered income or resources for any Federal, State, or local means-tested program. (Sec. 14522) Provides that whenever a commodity is made available without charge or credit under this chapter by the Secretary for distribution within the States to eligible recipient agencies, the State may not charge recipient agencies any amount that is in excess of the State's direct costs of storing and transporting to recipient agencies the commodities, minus any amount the Secretary provides the State for the costs of storing and transporting such commodities. (Sec. 14528) Repeals specified food and commodity distribution programs. (Sec. 14541) Directs the Secretary to make grants in accordance with specified guidelines to States to provide food assistance to economically disadvantaged individuals and families. Authorizes appropriations. (Sec. 14542) Directs the Secretary to issue, and make available for purchase by States, coupons for the retail purchase of food from retail food stores that are approved in accordance with specified criteria and are redeemable at face value by the Secretary through the facilities of the Treasury. (Sec. 14544) Repeals the Food Stamp Act of 1977. (Sec. 14592) Expresses the sense of the Congress that States that operate electronic benefit systems to transfer benefits provided under the Food Stamp Act of 1977 should operate electronic benefit systems that are compatible with each other. (Sec. 14593) Expresses the sense of the Committee on Agriculture of the House of Representatives that reductions in outlays resulting from subtitle B shall not be taken into account for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm- Rudman-Hollings). Subtitle F: Supplemental Security Income - Amends SSI to: (1) deny SSI by reason of disability to drug addicts and alcoholics; (2) place restrictions on eligibility for cash benefits for disabled children; and (3) establish a program of block grants to States for children with disabilities. (Sec. 14601) Provides funding for the: (1) Federal Capacity Expansion Program for drug treatment; and (2) medication development project to improve drug abuse and treatment research. (Sec. 14603) Amends the Social Security Independence and Program Improvements Act of 1994 to provide for the examination of certain mental disorder listings in determining the eligibility of children for SSI benefits by reason of disability. (Sec. 14604) Amends SSA title XI to limit the total amount payable under SSA titles I (Old Age Assistance), X (Aid to the Blind), XIV (Aid to the Permanently and Totally Disabled), and XVI to Puerto Rico, the Virgin Islands, and Guam. (Sec. 14605) Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. (Sec. 14606) Provides for denial of 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. 14607) Provides for denial of SSI benefits for fugitive felons and probation and parole violators. (Sec. 14608) Prescribes reapplication requirements for adults receiving SSI benefits by reason of disability. (Sec. 14609) Repeals certain restrictions regarding determination of ineligibility. (Sec. 14610) Requires the HHS Secretary to revise certain regulations in order to narrow SSI eligibility on the basis of mental impairment. Subtitle G: Child Support - Revises SSA title IV part D's child support and paternity establishment program to make various specified changes with regard to: (1) case registries; (2) State obligation to provide child support enforcement services; (3) distribution of child support collections; and (4) privacy safeguards. (Sec. 14711) Modifies such program further to make various additional specified changes with regard to: (1) automated State case registries and new hire directories for tracking cases, exchanging and comparing information, handling locate requests, and other specified matters; (2) collection and disbursement of support payments through State disbursement units; (3) income withholding; (4) locate information from interstate networks and the Federal Parent Locator Service (FPLS); (5) reimbursement for information from Federal agencies and for reports by State agencies; (6) an expanded FPLS containing the automated Federal Case Registry of Child Support Orders and the National Directory of New Hires; and (7) collection and use of social security numbers for use in child support enforcement. (Sec. 14721) Requires each State to have in effect the Uniform Interstate Family Support Act, as approved by the National Conference of Commissioners on Uniform State Laws in August 1992, and modified by this Act, and the procedures required to implement such Act. Requires such law to be applied to any case involving an order which is established or modified in a State and which is sought to be modified or enforced in another State. (Sec. 14722) Amends the Federal judicial code to modify provisions concerning the full faith and credit for child support orders. (Sec. 14723) Requires each State to have in effect laws: (1) requiring the use of procedures for administrative enforcement in interstate cases; and (2) providing expedited procedures for establishing paternity and for establishing, modifying, and enforcing support obligations using automated means. (Sec. 14731) Modifies State law procedures for paternity establishment, among other changes, providing for voluntary paternity acknowledgment. (Sec. 14732) Provides for outreach for voluntary paternity establishment. (Sec. 14733) Requires a State plan for child and spousal support to provide for the cooperation by applicants for and recipients of temporary family assistance in establishing the paternity of, and in establishing, modifying, or enforcing a support order for, any child of the individual. (Sec. 14741) Makes various specified changes to State payment provisions, including incentive payment requirements. Revises State plan and other provisions with respect to, among other items, Federal and State reviews and audits and State procedures for collecting and reporting information required by SSA title IV part D. (Sec. 14745) Revises automated data processing requirements. (Sec. 14746) Provides funding for technical assistance to States for improving their SSA title IV part D programs and for operating FPLS. (Sec. 14747) Makes changes with regard to annual congressional reports and data collection by the Secretary. (Sec. 14751) Modifies the process for the review and adjustment of child support orders. (Sec. 14761) Amends the Internal Revenue Code and SSA title IV part D with regard to enforcement of child support orders, among other changes: (1) providing for changed order of refund distribution; (2) eliminating the disparities in treatment of assigned and non-assigned arrearages; (3) consolidating and revising authorities for collecting support from Federal employees; (4) providing for laws voiding fraudulent transfers; (5) providing for procedures to ensure that persons owing past-due support work or have a plan for payment of such support; and (6) defining the term "support order." (Sec. 14763) Provides for enforcement of child support obligations of members of the armed forces. (Sec. 14765) Expresses the sense of the Congress that each State should suspend any driver's, business, or occupational license issued to any person owing past-due child support. Requires States to have procedures under which: (1) liens arise by operation of law against real and personal property for over due support (and liens arising in other States are accorded full faith and credit); and (2) the State has authority to withhold, suspend, or restrict the use of driver's, professional and occupations, and recreational licenses of individuals owing overdue support or failing, after due notice, to comply with subpoenas or warrants relating to paternity or child support proceedings. (Sec. 14771) Amends ERISA to make a technical correction to its definition of medical child support order. (Sec. 14781) Amends SSA title IV part D to require the Administration for Children and Families to make grants to enable States to establish and administer programs to support and facilitate absent parents' access to and visitation of their children. Amends the Gramm-Rudman Hollings Act to provide for adjustments for discretionary programs resulting under this Act. (Sec. 14802) Amends the Electronic Fund Transfer Act to encourage electronic benefit transfer systems. Title XV: Veterans' Benefits and Services - Subtitle A: Administrative Reforms - Provides for a reduction in overhead expenses of the Department of Veterans Affairs. Subtitle B: Extension of Certain Veterans Programs - Extends permanently various specified veterans programs, including those providing authority for medical care cost recovery. Subtitle C: Home Loan Guarantee Program Reforms - Makes various specified changes with regard to the home loan guarantee program. Subtitle D: Medical Program Reforms - Mandates certain Department medical care system savings through establishment of a Prospective Payment System for hospital care within it. Provides for specified expenditure reductions for major construction and closure of inefficient veterans' hospitals. Subtitle E: Other Veterans Programs Reforms - Delineates modifications in other veterans' programs as well, including elimination of certain sunset dates and third-party reimbursement changes. Title XVI: Administration of Justice - Subtitle A: Authorization of Appropriations - Reauthorizes and extends various specified activities and entities of the Department of Justice through FY 2000, providing for a reduction in Department overhead expenses as well. (Sec. 16011) Authorizes appropriations for the Customs and Secret Service as well as the Bureau of Alcohol, Tobacco, and Firearms through FY 2000. Authorizes appropriations for certain defender services. (Sec. 16021) Reorganizes the U.S. Marshals Service, among other specified changes, phasing out political appointees. Subtitle B: Prison Reforms - Provides for privatization of Federal correctional institutions, and for priority payments to public safety officers under the Victims of Crime Fund. Subtitle C: Justice Assistance Program Reforms - Repeals the Legal Services Corporation Act to abolish the Legal Services Corporation, and amends other specified Federal law to eliminate the Bureau of Justice Assistance and the State Justice Institute. Increases the surcharge on debts collected by the United States. Subtitle D: Federal Bureau of Investigation Reforms - Rescinds the unobligated balance of specified funds for the Federal Bureau of Investigation fingerprinting laboratory in West Virginia. Subtitle E: Other Justice Program Reforms - Authorizes appropriations for the Equal Employment Opportunity Commission. (Sec. 16502) Amends the Internal Revenue Code with respect to harbor maintenance fees. Title XVII: General Government - Subtitle A: Administrative Reforms - Provides for a reduction in overhead expenses of certain foreign operations activities, the Department of the Treasury, the Office of Personnel Management, and various independent agencies. Terminates the Advisory Commission on Intergovernmental Relations, other specified miscellaneous advisory committees, and Federal Information Centers. Subtitle B: Legislative Branch Reductions - Provides for a reduction in overhead expenses of the Executive Office of the President (sic). (Sec. 17102) Alters the formula for determining official mail allowances under the Legislative Branch Appropriations Act, 1991, and prohibits certain mail-related fund transfers under the Legislative Branch Appropriations Act, 1993. (Sec. 17104) Provides for temporary suspension of automatic pay adjustments for Members of Congress. Subtitle C: Executive Branch Reductions - Provides for a reduction in overhead expenses of the Executive Office of the President. (Sec. 17202) Repeals unlimited annual leave accumulation for the Senior Executive Service and limits the number of executive branch political appointees. Subtitle D: Specific Program Reforms - Amends the Internal Revenue Code to provide for a decrease in the presidential election campaign fund check-off. (Sec. 17302) Provides for a moratorium on construction and acquisition of new Federal buildings. (Sec. 17303) Terminates annual direct assistance to the Northern Mariana Islands. (Sec. 17304) Transfers the position of Public Printer and related functions to the legislative branch and likewise switches the position of Superintendent of Documents and related functions to the Library of Congress, to be carried out by such official under the Librarian of Congress' direction. Requires Government publications to be available throughout the Government. Sets forth requirements related to department and agency inventories of Government publications and the availability of such inventory available through a certain electronic directory. Adds additional specified responsibilities for the Public Printer and Superintendent of Documents. (Sec. 17305) Repeals transitional appropriations authorizations for the Post Office.

Federal Communications Commission Authorization Act of 1995

United States · United States Congress · 16 June 1995

Federal Communications Commission Authorization Act of 1995 - Amends the Communications Act of 1934 (the Act) to authorize appropriations for the Federal Communications Commission (FCC) for FY 1996. Derives a portion of the sum of such appropriations in each fiscal year from an amount determined by the establishment and adjustment of application and regulatory fees under the Act. Directs the FCC to submit to the appropriate congressional committees and publish in the Federal Register semiannual reports specifying the reimbursements which the FCC has accepted from non-Federal sources for travel and related expenses of FCC employees. Amends the Federal Communications Commission Authorization Act of 1988 to authorize the FCC during FY 1996 to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated under the Older Americans Act. Directs the FCC to modify, for FY 1996 and thereafter, 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. Sets forth provisions regarding: (1) use of such moneys; (2) recovery of executive and legal costs incurred by the FCC; (3) establishment and adjustment of fees; (4) regulatory fees for satellite television operations; and (5) governmental entities use for common carrier purposes. Directs the FCC to: (1) develop accounting systems for making adjustments authorized by this 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, as well as the application and regulatory fee adjustments. Authorizes the FCC to: (1) designate an entity to make inspections of ship radio stations; and (2) require such inspections annually, with an authorized waiver under limited circumstances. Sets forth provisions regarding: (1) expedited Instructional Television Fixed Service processing; (2) tariff rejection authority; (3) refund authority; (4) licensing of aviation, maritime, and personal radio services by rule; (5) forfeitures for violations imperiling safety of life; (6) the use of experts and consultants; and (7) the statute of limitations for forfeiture proceedings against common carriers. Directs the FCC to report to the Congress on the existing and future use of the FM band to facilitate the use of auditory assistive devices for individuals with hearing impairments.

Federal Aviation Administration Reform Act of 1995

United States · United States Congress · 15 June 1995

Federal Aviation Administration Reform Act of 1995 - Removes the Federal Aviation Administration (FAA) from the Department of Transportation and re-establishes it as an independent Federal agency. Declares that the Administration shall be administered by an Administrator, who shall be appointed by the President to a seven-year term, by and with the advice and consent of the Senate. Amends Federal transportation law to revise FAA provisions to reflect the establishment of the new FAA. Establishes within the FAA the Civil Aeromedical Institute to conduct aeromedical research. Authorizes appropriations. Transfers to the new FAA all functions of the old FAA of the Department of Transportation and of the Secretary of Transportation which are administered through the old FAA. Establishes the Federal Aviation Management Advisory Committee to provide advice and counsel to the Administrator on issues which affect or are affected by the FAA operations. Directs the Administrator to establish a select panel to review and report to the Congress regarding innovative financing mechanisms for ensuring adequate funding for existing and future aviation infrastructure needs. Authorizes the Administrator to accept transfers of available funds from other Federal agencies to carry out functions transferred by this Act to the Administrator or functions assigned by law to the Administrator on or after enactment of this Act. Directs the Administrator to conduct pilot programs which utilize a trial: (1) acquisition management system to procure goods and services by the Administration; and (2) personnel management system for the management, compensation, and advancement of its employees. Requires the Administrator, upon the development of such systems, to submit a comprehensive plan describing them to the Congress. Terminates such systems effective October 1, 2002. Directs the Management Advisory Panel to submit an evaluation and report to the Administrator and to the Congress on the results of the pilot programs in acquisition and personnel reform.

Second Supplemental Appropriations and Rescissions Act, 1995

United States · United States Congress · 15 June 1995

TABLE OF CONTENTS: Title I: Supplementals and Rescissions Title II: General Provisions Title III: Deficit Reduction Second Supplemental Appropriations and Rescissions Act, 1995 - Title I: Supplementals and Rescissions - Rescinds appropriations made to the Department of Agriculture for the: (1) Agricultural Research Service; (2) Cooperative State Research Service; (3) Animal and Plant Health Inspection Service; (4) Rural Development Administration and Farmers Home Administration; (5) Rural Electrification Administration; (6) Foreign Agricultural Service; and (7) market promotion program. Transfers funds to the National Bankruptcy Review Commission from the Working Capital Fund in the Department of Justice. Rescinds appropriations made to the Department of Justice for: (1) juvenile justice delinquency prevention programs; (2) general administration; (3) legal activities; and (4) the Office of Justice Programs. Rescinds appropriations made to the Department of Commerce for the: (1) National Institute of Standards and Technology; (2) National Oceanic and Atmospheric Administration; (3) National Technical Information Service; (4) Economic Development Administration; and (5) National Telecommunications and Information Administration. Rescinds appropriations made to the Judiciary for courts of appeals, district courts, and other judicial services. Rescinds appropriations made to the Small Business Administration for the business loans program account. Rescinds appropriations made to the Department of State for: (1) diplomatic and consular programs; (2) acquisition and maintenance of buildings abroad; and (3) contributions for international peacekeeping activities. Rescinds appropriations made for the: (1) Arms Control and Disarmament Agency; (2) Board for International Broadcasting; and (3) United States Information Agency. Rescinds Department of Defense appropriations made for: (1) nondefense-related research and development programs; and (2) operational support airlift. Rescinds appropriations made for the: (1) Department of the Army Corps of Engineers-Civil; (2) Department of the Interior for the Bureau of Reclamation; (3) Appalachian Regional Commission; and (4) Tennessee Valley Authority Fund. Rescinds appropriations made to the Department of Energy for: (1) energy supply, research and development activities; (2) atomic energy defense activities; (3) departmental administration; and (4) power marketing administrations. Restructures certain debt relief for Jordan. Rescinds appropriations made to the President for: (1) foreign operations, export financing, and related programs; (2) international financial institutions (International Monetary Fund); (3) the Agency for International Development; (4) peacekeeping operations; and (5) the Trade and Development Agency. Rescinds appropriations made to the Department of the Interior for: (1) the Bureau of Land Management; (2) the United States Fish and Wildlife Service; (3) the National Biological Survey; (4) the National Park Service; (5) the Minerals Management Service; (6) the Bureau of Indian Affairs; and (7) territorial and international affairs. Rescinds appropriations made to the: (1) Department of Agriculture for the Forest Service; (2) Department of Energy for fossil energy research and energy conservation; (3) Department of Education for the Office of Elementary and Secondary Education (Indian education); (4) Smithsonian Institution; (5) National Gallery of Art; (6) John F. Kennedy Center for the Performing Arts; (7) Woodrow Wilson International Center for Scholars; (8) National Foundation for the Arts and the Humanities (National Endowment for the Arts and National Endowment for the Humanities). Rescinds appropriations made to the Department of Labor for the: (1) Employment and Training Administration; and (2) Bureau of Labor Statistics. Rescinds appropriations made to the Department of Health and Human Services for the: (1) Health Resources and Services Administration; (2) Centers for Disease Control and Prevention; (3) National Institutes of Health; (4) Assistant Secretary for Health; (5) Agency for Health Care Policy and Research; (6) Health Care Financing Administration; (7) Administration for Children and Families; (8) Administration on Aging; and (9) Office of the Secretary. Rescinds appropriations made to the Department of Education for: (1) education reform; (2) education for the handicapped; (3) school improvement programs; (4) bilingual and immigrant education; (5) vocational and adult education; (6) student financial assistance; (7) higher education; (8) Howard University; (9) college housing and academic facilities loans; and (10) education research, statistics, and improvement. Rescinds appropriations made for: (1) the Corporation for Public Broadcasting; (2) the Railroad Retirement Board; and (3) certain Department of Labor compliance and enforcement activities. Appropriates funds for payments to widows and heirs of deceased Members of Congress. Rescinds Legislative Branch appropriations made for the: (1) Joint Economic Committee; and (2) Joint Committee on Printing; (3) Office of Technology Assessment; (4) Congressional Budget Office; (5) Architect of the Capitol; (6) Government Printing Office; (7) Botanic Garden; (8) Library of Congress for salaries and expenses and for Books for the Blind and Physically Handicapped; (9) House and Senate committee staff salaries and administrative expenses; and (10) General Accounting Office. Rescinds appropriations made for: (1) North Atlantic Treaty Organization infrastructure; and (2) base realignment and closure account, parts II and III. Rescinds appropriations made to the Department of Transportation for the: (1) Office of the Secretary; and (2) Coast Guard. Rescinds appropriations made to the Federal Aviation Administration for: (1) operations; (2) facilities and equipment; (3) research and development; and (4) grants-in-aid for airports. Rescinds appropriations made to the Federal Highway Administration for: (1) operating expenses; and (2) Federal-aid highways. Rescinds appropriations made to the Federal Railroad Administration for the: (1) Office of the Administrator; (2) Northeast Corridor Improvement Program; and (3) National Magnetic Levitation Prototype Development Program. Rescinds appropriations made to the Federal Transit Administration for planning and research. Limits obligations for specified Highway Trust Fund projects. Appropriates funds for the Office of Personnel Management for Government payment for annuitants and employee life insurance benefits. Rescinds appropriations made to the Department of the Treasury for: (1) departmental offices; (2) the Financial Management Service; (3) the United States Mint; (3) the Bureau of the Public Debt; and (4) the Internal Revenue Service. Rescinds appropriations for the White House Office. Appropriates and rescinds funds for the drug control program special forfeiture fund. Rescinds appropriations made to the: (1) General Services Administration Federal Buildings Fund; (2) Office of Personnel Management. Appropriates funds for the: (1) Federal Emergency Management Agency; and (2) Federal Deposit Insurance Corporation. Rescinds appropriations made to the Department of Veterans Affairs for: (1) Veterans Health Administration; and (2) departmental administration. Rescinds appropriations made to the Department of Housing and Urban Development for specified housing programs. Amends the United States Housing Act of 1937 to authorize the reuse of recaptured budget authority from terminated section 8 contracts. Rescinds appropriations for the: (1) Chemical Safety and Hazard Investigation Board; (2) Community Development Financial Institutions Fund; (3) Corporation for National and Community Service; (4) Environmental Protection Agency; (5) National Aeronautics and Space Administration; (6) National Science Foundation; and (7) Federal Deposit Insurance Corporation. Title II: General Provisions - Directs the Secretaries of Agriculture and the Interior to: (1) prepare and award salvage timber sale contracts on Federal lands (with specified exceptions); and (2) award and release previously offered and unawarded timber sales contracts. Expresses the sense of the Senate in favor of amending the Internal Revenue Code to eliminate the ability of persons to avoid taxes by relinquishing their U.S. citizenship. Rescinds appropriations for Federal administrative and travel accounts. Title III: Deficit Reduction - Requires the Director of the Office of Management and Budget to make specified downward adjustments in discretionary spending limits. Prohibits resultant savings from this Act from being used to offset specified deficit increases.

Omnibus Transportation Employee Testing Act Amendments of 1995

United States · United States Congress · 13 June 1995

Omnibus Transportation Employee Testing Act Amendments of 1995 - Amends Federal transportation law to eliminate the requirement for preemployment alcohol testing of: (1) mass transit employees responsible for safety-sensitive functions; (2) railroad employees responsible for safety-sensitive functions; (3) operators of commercial motor vehicles; (4) air carrier employees responsible for safety-sensitive functions; and (5) Federal Aviation Administration employees responsible for safety-sensitive functions. Permits the preemployment testing for the use of alcohol by such employees.

National Parks Airspace Management Act of 1995

United States · United States Congress · 9 June 1995

National Parks Airspace Management Act of 1995 - Requires the Director of the National Park Service and the Administrator of the Federal Aviation Administration to develop, establish, review, and revise plans for the management of the airspace above National Park System (NPS) units affected by commercial air tour flights to the extent the Director considers that such units require airspace management plans to minimize the adverse effects of such flights. Prohibits such an operator from flying in the airspace over a NPS unit covered by a plan unless the operator enters into an agreement with the Director and the Administrator specifying otherwise. (Sec. 5) Requires the Director, for NPS units that, as of January 1, 1995, experienced no such overflights, to: (1) prescribe criteria to identify NPS units where such flights would be incompatible with or injurious to the units; and (2) designate the units which meet those criteria as flight-free park units. (Sec. 6) Requires the Administrator to issue a regulation governing the operation of all commercial air tour flights over NPS units. Allows the Administrator to prescribe separate operational rules governing flights by fixed-wing aircraft and by rotorcraft. (Sec. 7) Directs the Administrator to initiate proceedings to revise the regulations relating to air taxi operators and commercial operators to specifically cover all commercial air tour flights over NPS units and to address safety and environmental issues. Requires each commercial air tour aircraft to display specified identification marks. Requires the Administrator to ensure that aeronautical charts display the boundaries, airspace management plan, operational rule, or Special Federal Aviation Regulation with respect to each unit . Directs: (1) the Administrator to study requiring commercial air tour aircraft operating in the airspace over NPS units to have on board an automatic flight tracking system capable of monitoring altitude and ground position; and (2) the Administrator and the Director, if the Administrator determines the use of such system is feasible and advisable, to jointly develop a plan for implementing a program to monitor such altitude and position. Requires the Administrator to establish and maintain a data base concerning commercial air tour aircraft designed to provide data to be used in: (1) making determinations of the scope of commercial air tour flights, accident rates, and flight safety assessments; and (2) ensuring that each FAA Flight Standards District Office that serves a district in which such flights are conducted is adequately staffed to carry out this Act. (Sec. 8) Exempts from the provisions of this Act: (1) an aircraft experiencing an in-flight emergency, participating in search and rescue, firefighting, or police emergency operations, carrying out park administration, or complying with air traffic control instructions; and (2) flights by military aircraft. Requires the Director and the Administrator to jointly develop restrictions and fee schedules for aircraft or rotorcraft engaged in commercial aerial photography over NPS units at altitudes that they determine will adversely affect the resources and values of affected units. (Sec. 9) Establishes the National Park Overflight Advisory Council to: (1) determine the effects on the environment of NPS units of commercial tour flights and the economic effects of restrictions or prohibitions on such flights; (2) develop recommendations for means of reducing the adverse effects of such flights; (3) explore financial and other incentives which could encourage manufacturers to advance the state-of-the-art in quiet aircraft and rotorcraft technology and encourage commercial air tour operators to implement such technology; (4) provide comments and recommendations to the Director and the Administrator with respect to National Park airspace management plans and other matters relating to flights over NPS units. Authorizes appropriations. (Sec. 10) Prohibits this Act from affecting the management of NPS units in Alaska or any aircraft operations over or within such units.

Gesetz zu dem Protokoll vom 10. Mai 1984 zur Änderung des Abkommens vom 7. Dezember 1944 über die Internationale Zivilluftfahrt (9. Änderung des Abkommens über die Internationale Zivilluftfahrt) (G-SIG: 13020181)

Germany · German Bundestag · 2 June 1995

<b>Bezug:</b> Abschuß einer Boeing 747 der Korean Airlines durch ein sowjetisches Militärflugzeug über der Insel Sachalin am 1.9.1983 Siehe auch XJ013 <br><br><b>Inhalt:</b> Ratifizierung des am 10.5.1984 in Montreal unterzeichneten Protokolls zur Änderung des Abkommens über die Internationale Zivilluftfahrt: Verbot der Anwendung von Waffengewalt gegen Verkehrsluftfahrzeuge im Luftraum über dem Hoheitsgebiet eines anderen Staates sowie Gebot, auch das Leben der Passagiere an Bord und die Sicherheit der Luftfahrzeuge nicht zu gefährden, Verpflichtung der Zivilluftfahrzeuge beim Überflug Anweisungen der jeweiligen Staaten zum Schutze ihres Luftraums zu befolgen. Es entstehen keine Kosten. <br><br><b>Nebenschlagwörter:</b> Luftsicherheit/9. Änderung des Abkommens über die Internationale Zivilluftfahrt betr. Verbot von Waffengewalt gegen Zivilluftfahrzeuge * Luftverkehr/Verbot der Anwendung von Waffengewalt gegen Verkehrsflugzeuge

To amend the Harmonized Tariff Schedule of the United States with respect to imports of civil aircraft.

United States · United States Congress · 25 May 1995

Amends the Harmonized Tariff Schedule of the United States to require importers of civil aircraft that have been entered duty-free to: (1) maintain such supporting documentation as the Secretary of the Treasury may require; and (2) certify that such imported article is a civil aircraft, or has been imported for use in civil aircraft and will so be used. (Currently, importers must file a statement, along with the supporting documentation, with the appropriate customs officer stating that such article is and will be used as a civil aircraft, or that it has been imported for use in civil aircraft, and that it has been approved for such use by the Federal Aviation Administration.)

Pipeline Safety Act of 1995

United States · United States Congress · 19 May 1995

TABLE OF CONTENTS: Title I: Pipeline Safety Amendments Title II: Aviation Tariff Amendment Title III: Hazardous Materials Amendments Pipeline Safety Act of 1995 - Title I: Pipeline Safety Amendments - Amends Federal natural gas and hazardous liquid pipeline safety transportation law to require the Secretary of Transportation to conduct an assessment of the risk to public safety and the environment posed by natural gas and hazardous liquid pipeline transportation. Requires the Secretary to report to the Congress on the assessment and a plan setting forth proposed actions to address each identified risk. (Sec. 102) Eliminates Federal grants to States for development of a one-call (before digging) notification system that informs a pipeline facility operator of activity in the vicinity that could threaten the facility's safety. (Sec. 103) Authorizes the Secretary to participate in international forums that establish or recommend pipeline safety standards for transporting natural gas and hazardous liquids. Provides that the Secretary is not required to prescribe a standard identical to or less stringent or more stringent than a standard adopted by an international authority, or otherwise limit his or her discretion in issuing such standards. (Sec. 104) Authorizes the Secretary to enter into grants, cooperative agreements, and other transactions with any person, agency, or U.S. instrumentality, any State or local government, any educational institution, and any other entity to further pipeline safety, including the development, improvement, and promotion of one-call damage prevention programs, research, risk assessment, and mapping. (Sec. 105) Repeals the requirement for the Secretary's annual report concerning natural gas and hazardous liquid safety. (Sec. 106) Authorizes appropriations. Title II: Aviation Tariff Amendment - Repeals the Secretary's authority and responsibility to be custodian of aviation tariff records. Requires the Secretary to ensure that such tariff records be made available to the public on a permanent basis. Title III: Hazardous Materials Amendments - Revises the requirement that a person who is required to provide a shipping paper to a carrier when offering hazardous material for transportation in commerce, and a carrier to which such paper is provided, retain a paper or electronic image copy of such paper for one year after the material is no longer in transportation. Changes the retention period to one year from the date the shipping paper has been provided to the carrier.

Local Law Enforcement Enhancement Act of 1995

United States · United States Congress · 17 May 1995

TABLE OF CONTENTS: Title I: Prisons Title II: Police Officers Title III: Law Enforcement Title IV: Technology Title V: Triggerlock Title VI: Equal Protection for Victims Title VII: Military Title VIII: Exclusionary Rule Title IX: Habeas Corpus Reform Local Law Enforcement Enhancement Act of 1995 - Title I: Prisons - Revises the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to provide grants to eligible States (and to eligible States organized as a regional compact) to: (1) build or expand correctional facilities to increase the prison bed capacity for persons convicted of a serious violent felony; and (2) build, expand, and operate temporary or permanent correctional facilities for convicted nonviolent offenders and criminal aliens to free suitable existing prison space for the confinement of persons convicted of a serious violent felony. Requires a State, to be eligible to receive: (1) general grant funds, to submit to the Attorney General an application that provides assurances that since 1990 such State has increased the percentage of convicted violent offenders sentenced to prison, the average prison time actually to be served in prison by such offenders, and the percentage of sentence to be actually served in prison by violent offenders; and (2) truth-in-sentencing incentive grants, to submit to the Attorney General an application that provides assurances that the State has enacted truth-in-sentencing laws that either currently require, or within three years will require, that persons convicted of a serious violent felony serve not less than 85 percent of the sentence imposed or 85 percent of the court-ordered maximum sentence for States that practice indeterminate sentencing, and laws requiring that the sentencing or releasing authorities notify and allow the victims of the defendant or the family of such victims the opportunity to be heard regarding the issue of sentencing and any postconviction release. Authorizes appropriations. (Sec. 102) Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. Requires the court to dismiss any such action if satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. Revises the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel at any time, and to require the court to dismiss the case if the allegation of poverty is untrue or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigence to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. (Sec. 103) Revises provisions of the VCCLEA regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving: (1) any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right; and (2) any relief to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Title II: Police Officers - Revises the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to: (1) authorize the Attorney General to make grants to cities (currently, to States, units of local government, Indian tribal governments, other public and private entities, and multijurisdictional or regional consortia thereof) to increase police presence, expand and improve cooperative efforts between law enforcement agencies and members of the community to address crime and disorder problems, and otherwise to enhance public safety; and (2) make various changes regarding the authorization of appropriations, the allocation and distribution of funds, grant renewal, and limits on the use of funds. Title III: Law Enforcement - Repeals the Public Safety Partnership and Community Policing Act of 1994 (title I of the VCCLEA), replacing it with a law enforcement block grant program. Requires the Director of the Bureau of Justice Assistance to pay to each unit of local government that qualifies for a payment an amount equal to the sum of any amounts allocated to such unit under such title for each payment period. Directs that sums paid to such units be used for reducing crime and improving public safety, including: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel, paying overtime to presently employed officers and personnel, and procuring equipment, technology, and other material directly related to basic law enforcement functions; (2) enhancing school security measures; (3) establishing crime prevention programs that may involve law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity; (4) establishing or supporting drug courts; (5) establishing early intervention and prevention programs for juveniles; and (6) enhancing the adjudication process of cases involving violent offenders. Sets forth provisions regarding: (1) prohibited uses of grant funds; (2) the timing of payments; (3) payment adjustments; (4) repayment of unexpended amounts; (5) nonsupplanting requirements; (6) qualification for payment; (7) program review; (8) general requirements for qualification; (9) sanctions for noncompliance; (10) allocation and distribution of funds; (11) utilization of the private sector; and (12) public participation. Authorizes appropriations. Repeals various VCCLEA provisions, including the Ounce of Prevention Council and the Local Partnership Act. Title IV: Technology - Modifies VCCLEA provisions regarding funding (under the Omnibus Act) for DNA identification. (Sec. 402) Directs the Attorney General to make funds available to the chief executive officer of each State to carry out a program to establish, develop, update, or upgrade: (1) computerized identification systems that are compatible and integrated with the databases of the FBI's National Crime Information Center; (2) ballistics identification programs that are compatible and integrated with the FBI's Drugfire Program; (3) the capability to analyze deoxyribonucleic acid (DNA) in a forensic laboratory in ways that are compatible and integrated with the FBI's Combined DNA Identification System (CODIS); and (4) automated fingerprint identification systems that are compatible and integrated with the FBI's Integrated Automated Fingerprint Identification System. Authorizes appropriations. (Sec. 403) Authorizes appropriations for the FBI's Drugfire Program. (Sec. 404) Requires the FBI Director to expand CODIS to include Federal crimes and crimes committed in the District of Columbia. Authorizes appropriations. Title V: Triggerlock - Directs the Attorney General to require each U.S. Attorney to: (1) establish an armed violent criminal apprehension task force; and (2) report at least monthly to the Attorney General on the number of defendants charged with, or convicted of, violating specified provisions. (Sec. 502) Provides for pretrial detention for possession of firearms or explosives by convicted felons. (Sec. 504) Sets mandatory minimum terms of imprisonment for firearms possession by violent felons and serious drug offenders. Title VI: Equal Protection for Victims - Amends the Federal criminal code to require (current law authorizes) the court to order restitution to the victim when sentencing a defendant convicted of specified offenses, including offenses under the Federal Aviation Act of 1958. Permits the court to order restitution of any person harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or in the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution to a victim in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source; and (2) specify in the restitution order, upon determination of the amount owed to each victim, the manner in which and the schedule according to which the restitution is to be paid. Specifies that a restitution order: (1) shall direct the offender to give appropriate notice to victims and other persons in cases where there are multiple victims or other persons who may receive restitution, where the identity of such victims and others can be reasonably determined; (2) shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property; and (3) may be enforced by the United States and by a victim named in the order in the same manner as a judgment in a civil action. (Sec. 602) Amends: (1) rule 24 of the Federal Rules of Criminal Procedure to provide for six peremptory challenges by each side; (2) rule 404 of the Federal Rules of Evidence to permit rebuttal of attacks on the victim's character; and (3) the Federal judicial code regarding limits on the number of members of committees who represent or supervise the representation of defendants in the trial, direct review, or collateral review of criminal cases. (Sec. 605) Amends the Federal criminal code to provide for testing for human immunodeficiency virus (HIV) in sexual assault cases. Directs the U.S Sentencing Commission to amend existing guidelines to enhance the sentence in such cases where the offender knew or had reason to know that the offender was infected with HIV, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Repeals VCCLEA provisions regarding payment of the cost of testing for sexually transmitted diseases. Title VII: Military - Prohibits the accrual of pay and allowances by members of the armed forces who are confined pending dishonorable discharge. (Sec. 702) Amends the Federal criminal code to set penalties for criminal offenses committed by persons formerly serving with, or presently employed by or accompanying, the armed forces outside the United States. Title VIII: Exclusionary Rule - Amends the Federal criminal code to prohibit, in a proceeding in a court of the United States, the exclusion of evidence on the ground that: (1) the search or seizure was in violation of the Fourth Amendment of the U.S. Constitution if it was carried out in circumstances justifying any objectively reasonable belief that it was in conformity with the Fourth Amendment (makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances); and (2) it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority (but evidence otherwise excludable under such provision shall not be excluded if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that the search or seizure was in conformity with the statute, administrative rule or regulation, or rule of procedure). Title IX: Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 902) Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the applicant has made a substantial showing of the denial of a constitutional right. (Sec. 904) Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. (Sec. 905) Sets forth provisions regarding limitations on second or successive applications. (Sec. 907) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of an application for habeas corpus brought in a capital case not later than 180 days after the date on which the application is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such petition within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition or other request for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Requires the Administrative Office of U.S. Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. (Sec. 908) Amends the Controlled Substances Act to provide that, in every criminal action in which a defendant is charged with a crime which may be punishable by death and in certain post-conviction proceedings, a defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services, may (currently, shall) be entitled to the appointment of one or more attorneys and the furnishing of such other services, subject to specified requirements. Revises provisions regarding findings that such other services are necessary to authorize (current law requires) the court to authorize such services. Prohibits any ex parte proceeding, communication, or request from being considered unless a proper showing is made concerning the need for confidentiality. Requires that any such proceeding, communication, or request be transcribed and made a part of the record available for appellate review.

A bill to delay the effective date of trucking deregulation under the Federal Aviation Administration Authorization Act of 1994.

United States · United States Congress · 10 May 1995

Amends the Federal Aviation Administration Authorization Act of 1994 to delay the effective date of trucking deregulation from January 1, 1995, to one year after the enactment of such Act.

National Defense Authorization Act for Fiscal Year 1996

United States · United States Congress · 2 May 1995

TABLE OF CONTENTS: Title I: Procurement Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Amendments to the Uniform Code of Military Justice Subtitle D: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Retired Pay, Insurance, and Survivor Benefits Subtitle E: Separation Pay Subtitle F: Other Matters Title VII: Health Care Provisions Subtitle A: Health Care Management Subtitle B: Other Matters Title VIII: Department of Defense Organization and Management Subtitle A: Secretarial Matters Subtitle B: Other Matters Title IX: General Provisions Subtitle A: Other Matters National Defense Authorization Act for Fiscal Year 1996 - Title I: Procurement - Authorizes appropriations for FY 1996 and 1997 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for FY 1996 and 1997 for: (1) defense- wide procurement; (2) the Defense Inspector General; (3) the chemical demilitarization program; and (4) the Defense Health Program. (Sec. 108) Repeals the current requirement for a separate budget request for the procurement of reserve equipment. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1996 and 1997 for the armed forces for research, development, test, and evaluation. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 and 1997 for the armed forces and specified activities and agencies of the Department of Defense (DOD) for operation and maintenance. Authorizes appropriations to DOD for FY 1996 and 1997 for working capital and revolving funds. (Sec. 303) Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which provides certain limitations on the use of funds in the Defense Business Operations Fund. (Sec. 304) Authorizes the use of the National Defense Sealift Fund for expenses of the National Defense Reserve Fleet. Subtitle B: Other Matters - Amends a provision of the National Defense Authorization Act for Fiscal Year 1994 to require additional certifications from the Secretary of Defense (Secretary) to specified congressional committees before proceeding beyond the low-rate initial production stage of a theater missile defense interceptor program. (Sec. 322) Directs the Secretary to carry out a Department of Defense Laboratory Revitalization Program under which the Secretary may carry out minor military construction projects in order to improve DOD laboratories. Increases the maximum costs of minor construction projects for purposes of the Program. Directs the Secretary to designate the DOD laboratories to be covered by the Program. Requires a report. Prohibits the Secretary from carrying out any program after September 30, 2000. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Provides for the authorized end strengths for active-duty forces as of the end of FY 1996 and 1997. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1996 and 1997 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1996 and 1997 military training student loads, allowing for certain adjustments consistent with authorized end strengths. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Provides, with respect to members of the Army, Navy, and Air Force, that an individual's period of desertion, unexcused absence, confinement, or inability to perform duties, as well as the time required to make up any such absence, may not be counted for purposes of the individual's length of service. (Sec. 502) Changes certain general officer billet titles within the Marine Corps resulting from a headquarters reorganization. (Sec. 503) Revises the retirement date for warrant officers and certain active-duty officers chosen for selective early retirement. Requires an annual authorization of personnel strength levels for such members whose retirement has been deferred. (Sec. 504) Increases the authorized end strengths for active-duty commissioned Air Force majors, lieutenant colonels, and colonels. Terminates such increase at the end of FY 1997. Provides similar increases, with the same termination date, for commissioned Navy lieutenant commanders, commanders, and captains. (Sec. 506) Revises the definitions of "promotion zone" and "officers below the promotion zone." Subtitle B: Reserve Component Matters - Repeals a Federal provision requiring each member of the National Guard called into or leaving Federal service to be examined for physical fitness. (Sec. 512) Authorizes the Secretary of the military department concerned to prescribe the duration of field training or a practice cruise (currently, either must be no less than six weeks) required for admission to the Reserve Officers' Training Corps (ROTC) advanced course. (Sec. 514) Amends the National Defense Authorization Act for Fiscal Year 1993 to require the Secretary of the Army to have an objective of increasing the percentage of qualified prior active-duty personnel in the Selected Reserve (currently, the Army National Guard). (Sec. 515) Requires technicians employed by the Army or Air National Guard to wear the military uniform appropriate for the member's grade and component while performing technician functions. Considers such duty as active duty, thereby permitting a clothing allowance. (Sec. 516) Provides an exception to the prohibition against the involuntary separation from service of military personnel within two years from retirement in the case of reserve personnel performing active duty service for less than 180 days. Subtitle C: Amendments to the Uniform Code of Military Justice - Amends the Uniform Code of Military Justice (UCMJ) to make subject to its provisions persons serving with or accompanying an armed force in the field in a time of armed conflict. (Sec. 553) Allows an investigative officer to investigate the subject matter of any uncharged offense against an accused during an investigation, as long as the accused is present, is informed of the nature of such investigation, and is permitted representation, presentation of evidence, and cross-examination. (Sec. 554) Eliminates the $500, six-month fine and imprisonment limits for persons convicted of refusing to testify before a court-martial. Revises provisions concerning the effective date of sentencings as they relate to the forfeiture of military pay and allowances. (Sec. 557) Allows deferment of a sentence of confinement upon application by the accused if the sentence has not been ordered to be carried out. Terminates the deferment at such time as the sentence is ordered to be executed. Provides for deferment of sentence in other circumstances. (Sec. 559) Allows a proceeding in revision (a proceeding revising a trial record) to be ordered to correct an erroneously announced sentence. (Sec. 560) Allows the post-trial review of courts-martial in the Office of the Judge Advocate General, unless the accused has waived or withdrawn the right to appeal under the UCMJ. (Sec. 561) Authorizes the United States to appeal an order or ruling which directs the disclosure of classified information, imposes sanctions for nondisclosure of such information, or refuses to issue a protective order seeking to prevent the disclosure of such information. (Sec. 562) Includes flight from arrest as a punishable action under the UCMJ. (Sec. 563) Removes a gender reference with respect to the UCMJ offense of carnal knowledge with a person under 16 years of age. Requires the accused, in such a prosecution, to establish by a preponderance of the evidence that the other person was at least 12 years of age and the accused reasonably believed such person to be at least 16. (Sec. 564) Requires newly enlisted personnel to be instructed in the UCMJ upon entrance into active or reserve duty. Subtitle D: Other Matters - Reduces from three to two years the minimum time in grade required for a chief warrant officer to be considered for promotion. Allows warrant officers below the promotion zone for the grade of chief warrant officer, W-3, to be considered for such a promotion. (Sec. 572) Allows the Secretary of the Army to retire a Director of Admissions of the U.S. Military Academy after 30 years of commissioned officer service. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1996 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases by 2.4 percent, effective on January 1, 1996, the rates of basic pay and the basic allowance for subsistence. Increases by 3.4 percent the basic allowance for quarters, effective on the same date. (Sec. 602) Provides an evacuation allowance to civilian personnel and their dependents officially authorized to evacuate their duty stations. (Currently, such allowance is only paid to military personnel and their dependents who are ordered to evacuate.) (Sec. 603) Provides continuous entitlement to career sea pay for crewmembers of ships designated as a tender-class ship. (Sec. 604) Increases to $200 the monthly subsistence allowance payable to members of the Senior ROTC. (Sec. 605) Provides a dislocation allowance for those directed to move as a result of a base realignment or closure. (Sec. 606) Authorizes, as of July 1, 1996, the payment of a basic allowance for quarters for enlisted personnel in the pay grade of E-6. Subtitle B: Bonuses and Special and Incentive Pays - Reduces from nine to eight of the first 12 years of aviation service the period during which an officer must perform operational flying duties in order to receive aviation career incentive pay. (Sec. 612) Extends specified expiring authorities for certain special pay and bonus programs within the regular and reserve armed forces. Makes permanent: (1) the aviation officer retention bonus; (2) the authority for the temporary promotion of certain Navy lieutenants; and (3) the authority for the DOD specialized treatment facility program. Subtitle C: Travel and Transportation Allowances - Authorizes the Secretary concerned to provide contract quarters as lodging in kind when transient government quarters are unavailable for reserve personnel performing annual training duty or inactive-duty training. (Sec. 622) Deletes a provision limiting to surface transportation the means of shipping a motor vehicle for a member assigned to a permanent change of duty station. (Sec. 623) Includes students who graduate from or cease to be enrolled in a foreign institution of higher education within a provision authorizing the Secretary concerned to return to the United States formerly dependent children of military personnel who attain a nondependent age while overseas. Subtitle D: Retired Pay, Insurance, and Survivor Benefits - Makes ineligible for retired pay those persons convicted under the UCMJ whose sentences include death, dishonorable or bad conduct discharge, or dismissal from service. (Sec. 632) Makes first payable for March 1996 the FY 1996 cost-of- living adjustment for military retirees. (Sec. 633) Authorizes the provision of medical and dental care and the recovery, care, and disposition of remains in the case of reserve members on duty other than active duty for more than 30 days for members requiring such care while remaining overnight at or in the vicinity of a site outside reasonable commuting distance from the member's residence and at which the member has performed inactive duty training between successive periods of such training. Entitles such individuals to basic pay while performing such service, or, if not entitled to such pay due to other eligibility requirements, to compensation as a member of the National Guard performing inactive-duty training. Subtitle E: Separation Pay - Provides certain transitional compensation for the dependents of any military member separated from the armed forces due to dependent abuse. (Currently, such compensation is only provided to the dependents of members separated from active duty.) Subtitle F: Other Matters - Authorizes a person designated by the Secretary of the Navy to procure or sell articles and items of clothing and serviceable supplies to members of the Navy and Marine Corps, with specified conditions. Authorizes such Secretary to sell ships' stores supplies to such civilian officers and Federal employees as considered appropriate at military installations: (1) outside the United States; or (2) inside the United States when the Secretary determines that it is impracticable for such officers and employees to obtain such items from commercial enterprises without impairing the efficient operation of military activities. Title VII: Health Care Provisions - Subtitle A: Health Care Management - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to increase the health care professional payment limitation requirements under the CHAMPUS physician payment reform program, tying such limits to similar limits under title XVIII (Medicare) of the Social Security Act. Requires the Secretary to prescribe regulations covering such payment amounts, providing for exceptions for adequate health care access and adding transitional requirements. (Sec. 702) Amends specified prior national defense authorization Acts to repeal certain limitations on reductions in military medical personnel. Subtitle B: Other Matters - Terminates the Uniformed Services University of the Health Sciences, directing the Secretary to phase out such University beginning in FY 1996 and ending at the close of FY 1999. Prohibits any new class of University students after FY 1995, and prohibits awarding degrees after FY 1999. (Sec. 712) Repeals a Federal provision prohibiting DOD funds from being used to perform abortions unless the life of the mother is in danger. Title VIII: Department of Defense Organization and Management - Subtitle A: Secretarial Matters - Authorizes a 12th Assistant Secretary of Defense. (Sec. 802) Redesignates the Assistant Secretary of Defense for Atomic Energy as the Assistant Secretary of Defense for Nuclear and Chemical Programs. Subtitle B: Other Matters - Repeals the Federal prohibition against contracting out for the firefighting and security guard functions at military facilities. (Sec. 812) Increases to: (1) $1.7 million the unspecified minor construction threshold; and (2) $350,000 the operation and maintenance threshold. (Sec. 813) Changes from February 15 to March 1 annually a required report from the Secretary concerning National Guard and reserve component equipment. Title IX: General Provisions - Subtitle A: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1993 to make permanent the National Guard Civilian Youth Opportunities Program (currently expires at the end of FY 1995). Revises the Program purpose. (Sec. 902) Authorizes the Secretary concerned to trade certain military historical items for conservation and preservation services and for educational programs, supplies and newly upgraded or renovated conservation equipment, facilities, and systems within existing structures. (Sec. 903) Amends the DOD Education Loan Repayment Program to authorize the Secretary to repay any loan made under part D of the Higher Education Act of 1965 (the William D. Ford Direct Loan Program) on behalf of the following: (1) enlisted members serving on active duty in certain military specialties; (2) enlisted members of the Selected Reserve with certain critical specialties; and (3) Selected Reserve health professions officers serving under wartime critical medical skill shortages.

To provide for the certification by the Federal Aviation Administration of airports serving commuter air carriers, and for other purposes.

United States · United States Congress · 2 May 1995

Amends Federal air transportation law to require the Administrator of the Federal Aviation Administration to issue an airport operating certificate for an airport that serves any scheduled passenger operation of an air carrier aircraft designed for more than nine passenger seats or any unscheduled passenger operation of an air carrier aircraft designed for more than 30 passenger seats. (Currently the mandate covers only an airport serving an air carrier operating aircraft designed for at least 31 passenger seats.)

National Defense Authorization Act for Fiscal Year 1996

United States · United States Congress · 27 April 1995

TABLE OF CONTENTS: Title I: Procurement Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Reserve Component Subtitle C: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Amendments to the Uniform Code of Military Justice Subtitle D: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Income Tax Matters Subtitle C: Bonuses and Special and Incentive Pays Subtitle D: Travel and Transportation Allowances Subtitle E: Retired Pay, Insurance, and Survivor Benefits Subtitle F: Separation Pay Title VII: Civilian Employees Subtitle A: Civilian Personnel Policy Subtitle B: Compensation and Other Personnel Benefits Subtitle C: Separation Provisions Title VIII: Health Care Provisions Subtitle A: Health Care Management Subtitle B: Other Matters Title IX: Department of Defense Organization and Management Subtitle A: Secretarial Matters Subtitle B: Professional Military Education Subtitle C: Other Matters Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Counter-Drug Activities Subtitle C: Other Matters Title XI: Matters Relating to Allies, Other Nations, and International Organizations Title XII: Acquisition Reform National Defense Authorization Act for Fiscal Year 1996 - Title I: Procurement - Authorizes appropriations for FY 1996 and 1997 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for FY 1996 and 1997 for: (1) defense- wide procurement; (2) the Defense Inspector General; (3) the chemical demilitarization program; and (4) the Defense Health Program. (Sec. 108) Repeals the current requirement for a separate budget request for the procurement of reserve equipment. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1996 and 1997 for the armed forces for research, development, test, and evaluation. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 and 1997 for the armed forces and specified activities and agencies of the Department of Defense (DOD) for operation and maintenance. Authorizes appropriations to DOD for FY 1996 and 1997 for working capital and revolving funds. (Sec. 303) Establishes in the Treasury the Civilian Marksmanship Program Fund, to be available for all expenses of the Civilian Marksmanship Program. (Sec. 304) Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which provides certain limitations on the use of funds in the Defense Business Operations Fund. (Sec. 305) Authorizes the use of the National Defense Sealift Fund for expenses of the National Defense Reserve Fleet. Subtitle B: Reserve Component - Amends the National Defense Authorization Act of 1995 to allow a DOD reimbursement official to use funds to provide pay and allowances to reserves engaged in activities in support of cooperative threat reduction with states of the former Soviet Union. Excludes such reserves from inclusion in any active duty end strength limitations for members on active duty. (Sec. 322) Authorizes the use of DOD funds for National Guard participation in joint Army and Air Force exercises concerning civil emergency and disaster response preparedness. Subtitle C: Other Matters - Amends Federal transportation provisions to authorize the Secretary of Defense (Secretary) to transfer from any DOD funds necessary sums to reimburse the Administrator of the Federal Aviation Administration (FAA) for loss or damage to civil aircraft, death or injury to personnel, and related losses or damages which have been insured at the Secretary's request due to civilian participation in DOD emergency contingency operations. Requires the Secretary to use such funds to promptly reimburse the Aviation Insurance Fund of the FAA within 30 days (for hull damage) or 180 days (for all other valid claims) after presentment of claim by a civilian carrier. Requires the Secretary and the FAA Administrator to notify the Congress within 30 days of any losses, death, injuries, or damages at a cost in excess of $1 million. Amends the Merchant Marine Act, 1936, to empower the Secretary with identical authority to reimburse the Secretary of Transportation for such losses insured by the Marine Insurance Fund. Requires the Secretary and the Secretary of Transportation to report periodically to the Congress on claims paid in excess of $1 million. (Sec. 332) Amends the National Defense Authorization Act for Fiscal Year 1994 to require additional certifications from the Secretary to the congressional defense committees before proceeding beyond the low-rate initial production stage of a theater missile defense interceptor program. (Sec. 333) Authorizes the Secretary to assign overseas personnel under the defense dependents' education program to schools established under such program in the United States, and vice versa. (Sec. 334) Authorizes the use of funds appropriated to the Central Imagery Office for the design, development, and deployment of the Accelerated Architecture Acquisition Initiative program imagery systems of the military departments and related activities. (Sec. 335) Directs the Secretary to carry out a Department of Defense Laboratory Revitalization Program under which the Secretary may carry out minor military construction projects in order to improve DOD laboratories. Increases the maximum costs of minor construction projects for purposes of the Program. Directs the Secretary to designate the DOD laboratories to be covered by the Program. Requires a report. Prohibits the Secretary from carrying out any program after September 30, 2000. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Provides for the authorized end strengths for active- duty forces as of the end of FY 1996 and 1997. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1996 and 1997 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1996 and 1997 military training student loads, allowing for certain adjustments consistent with authorized end strengths. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Provides, with respect to members of the Army, Navy, and Air Force, that an individual's period of desertion, unexcused absence, confinement, or inability to perform duties, as well as the time required to make up any such absence, may not be counted for purposes of determining the individual's length of service. (Sec. 502) Redesignates certain general officer billet titles within the Marine Corps resulting from a headquarters reorganization. (Sec. 503) Revises the retirement date for warrant officers and certain active-duty officers chosen for selective early retirement. Requires an annual authorization of personnel strength levels for such members whose retirement has been deferred. (Sec. 504) Increases the authorized end strengths for active-duty commissioned Air Force majors, lieutenant colonels, and colonels. Terminates such increase at the end of FY 1997. Provides similar increases, with the same termination date, for commissioned Navy lieutenant commanders, commanders, and captains. (Sec. 506) Revises certain definitions under Federal provisions relating to the promotion of general or flag officers. Subtitle B: Reserve Component Matters - Repeals a Federal provision requiring each member of the National Guard called into or leaving Federal service to be examined for physical fitness. (Sec. 512) Authorizes a Federal employee military leave as a member of the reserve to perform public safety duty. (Sec. 513) Authorizes the Secretary of the military department concerned to prescribe the duration of field training or a practice cruise (currently, either must be no less than six weeks) required for admission to the Reserve Officers' Training Corps (ROTC) advanced course. (Sec. 515) Amends the National Defense Authorization Act for Fiscal Year 1993 to require the Secretary of the Army to have an objective of increasing the percentage of qualified prior active-duty personnel in the Selected Reserve (currently, in the Army National Guard). (Sec. 516) Requires technicians employed by the Army or Air National Guard to wear the military uniform appropriate for the member's grade and component while performing technician functions. Considers such duty as active duty, thereby permitting a clothing allowance. (Sec. 517) Provides an exception to the prohibition against the involuntary separation from service of military personnel within two years from retirement in the case of reserve personnel performing active duty service for less than 180 days. (Sec. 518) Authorizes the Secretary to provide certain involuntarily separated military reserve technicians with placement consideration through the DOD Priority Placement Program. Subtitle C: Amendments to the Uniform Code of Military Justice - Amends the Uniform Code of Military Justice (UCMJ) to make subject to its provisions those persons serving with or accompanying an armed force in the field in a time of armed conflict. (Sec. 553) Allows an investigative officer to investigate the subject matter of any uncharged offense against an accused during an investigation, as long as the accused is present, is informed of the nature of the investigation, and is permitted representation, presentation of evidence, and cross-examination. (Sec. 554) Eliminates the $500, six-month fine and imprisonment limits for persons convicted of refusing to testify before a court- martial. Revises provisions concerning the effective date of sentencings as they relate to the forfeiture of military pay and allowances. (Sec. 557) Allows deferment of a sentence of confinement upon application by the accused if the sentence has not been ordered to be carried out. Terminates the deferment at such time as the sentence is ordered to be executed. Allows the accused to submit to the convening authority written matters for consideration with respect to the findings and sentence. (Sec. 559) Allows a proceeding in revision (a proceeding to revise a trial record) to be ordered to correct an erroneously announced sentence. (Sec. 560) Allows the post-trial review of courts-martial in the Office of the Judge Advocate General, unless the accused has waived or withdrawn the right to appeal under the UCMJ. (Sec. 561) Authorizes the United States to appeal an order or ruling which directs the disclosure of classified information, imposes sanctions for nondisclosure of such information, or refuses to issue a protective order seeking to prevent such disclosure. (Sec. 562) Includes flight from arrest as a punishable action under the UCMJ. (Sec. 563) Removes a gender reference with respect to the UCMJ offense of carnal knowledge with a person under 16 years of age. Requires the accused in such a prosecution to establish by a preponderance of the evidence that the other person was at least 12 years of age and that the accused reasonably believed the person to be at least 16. (Sec. 564) Requires newly enlisted personnel to be instructed in the UCMJ upon entrance into active or reserve duty. Subtitle D: Other Matters - Authorizes the Secretary concerned to accept at his discretion the reenlistment of members of the armed forces with ten or more years of service. Requires such reenlistment period to be unspecified on a career basis. (Sec. 572) Reduces from three to two years the minimum time in grade required for a chief warrant officer to be considered for promotion. Allows warrant officers below the promotion zone for the grade of chief warrant officer, W-3, to be considered for such a promotion. (Sec. 573) Allows the Secretary of the Army to retire a Director of Admissions of the U.S. Military Academy after 30 years of commissioned officer service. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1996 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases by 2.4 percent, effective on January 1, 1996, the rates of basic pay and the basic allowance for subsistence. Increases by 3.4 percent the basic allowance for quarters, effective on the same date. (Sec. 602) Provides an evacuation allowance to civilian personnel and their dependents officially authorized to evacuate their duty stations. (Currently, such allowance is only paid to military personnel and their dependents who are ordered to evacuate.) (Sec. 603) Provides continuous entitlement to career sea pay for crew members on ships designated as a tender-class ship. (Sec. 604) Increases to $200 monthly the subsistence allowance payable to members of the Senior ROTC. (Sec. 605) Provides a dislocation allowance for those directed to move as a result of a base realignment or closure. (Sec. 607) Authorizes, as of July 1, 1996, the payment of a basic allowance for quarters for enlisted personnel in the pay grade of E-6. Subtitle B: Income Tax Matters - Amends the Internal Revenue Code to limit, after December 31, 1994, the exclusion of combat pay from withholding taxes only to the extent that such pay is excluded from gross income. Subtitle C: Bonuses and Special and Incentive Pays - Reduces from nine to eight of the first 12 years of aviation service the period during which an officer must perform operational flying duties in order to receive aviation career incentive pay. (Sec. 622) Extends specified expiring authorities for certain special pay and bonus programs within the regular and reserve armed forces. Makes permanent: (1) the aviation officer retention bonus; (2) the authority for the temporary promotion of certain Navy lieutenants; and (3) the authority for the DOD specialized treatment facility program. Subtitle D: Travel and Transportation Allowances - Authorizes the Secretary concerned to provide contract quarters as lodging in kind when transient government quarters are unavailable for reserve personnel performing annual training duty or inactive-duty training. (Sec. 632) Deletes a provision limiting to surface transportation the means of shipping a motor vehicle for a member assigned to a permanent change of duty station. (Sec. 633) Includes students who graduate from or cease to be enrolled in a foreign institution of higher education within a provision authorizing the Secretary concerned to return to the United States formerly dependent children of military personnel who attain a nondependent age while overseas. Subtitle E: Retired Pay, Insurance, and Survivor Benefits - Makes ineligible for retired pay those persons convicted under the UCMJ whose sentences include death, dishonorable or bad conduct discharge, or dismissal from service. (Sec. 642) Makes first payable for March 1996 the FY 1996 cost-of- living adjustment for military retirees. (Sec. 643) Increases from $100,000 to $200,000 the amount of Servicemen's Group Life Insurance provided automatically to members assigned to active duty or the Ready or Retired Reserve. (Sec. 644) Authorizes the provision of medical and dental care, and the recovery, care, and disposition of remains, in the case of reserve members on duty other than active duty for more than 30 days, for members requiring such care while remaining overnight at or in the vicinity of a site outside reasonable commuting distance from the member's residence and at which site the member has performed inactive duty training between successive periods of such training. Entitles such individuals to basic pay while performing such service, or, if not entitled to such pay due to other eligibility requirements, to compensation as a member of the National Guard performing inactive- duty training. Subtitle F: Separation Pay - Provides certain transitional compensation for the dependents of any military member separated from the armed forces due to dependent abuse. (Currently, such compensation is only provided to dependents of members separated from active duty.) (Sec. 661) Authorizes the branch, office, or officer designated by the Secretary of the Navy to procure or sell to members of the Navy and Marine Corps specified articles and items of clothing and equipment, under such restrictions as such Secretary may prescribe. Directs such designate to sell to members of other military departments subsistence supplies and serviceable supplies at prices charged to members of the Navy and Marine Corps. Allows an honorably discharged member from any service branch who is receiving care and medical treatment from the Public Health Service or the Department of Veterans Affairs to buy subsistence supplies at prices charged to Navy and Marine Corps personnel. Allows honorably discharged individuals to buy exterior articles of uniform at such prices. Authorizes such Secretary to provide for the procurement and sale of items and articles designated by him to such U.S. civilian officers and employees as he considers proper at military installations: (1) outside the United States; and (2) inside the United States when it is impracticable for such officers and employees to obtain such articles and items from commercial enterprises without impairing the efficient operation of military activities. Requires such sales to be made only to those residing within the installation. Title VII: Civilian Employees - Subtitle A: Civilian Personnel Policy - Provides the legal public holiday days for those Federal employees whose basic workweek is other than Monday through Friday. (Sec. 702) Terminates the 120-day limit on administrative details within executive or military departments. (Sec. 703) Repeals a Federal provision requiring each Federal agency to submit to the Office of Personnel Management (OPM) a report concerning part-time career employment activities undertaken by such agency. Subtitle B: Compensation and Other Personnel Benefits - Repeals a Federal provision prohibiting DOD funds from being used to pay lodging expenses of a civilian DOD employee on official business when adequate government quarters are available. (Sec. 712) Includes within the definition of Federal employees the employees of various nonappropriated fund instrumentalities of the service branches. Subtitle C: Separation Provisions - Includes under Federal provisions authorizing continued health insurance coverage for a specified period after military discharge or separation those individuals: (1) voluntarily separating from the armed forces due to a reduction in force; and (2) whose positions are considered surplus due to the closure or realignment of a military installation. (Sec. 722) Entitles any eligible Federal employee to receive severance pay in a lump-sum amount. Requires refunding the pro rata share of a lump-sum payment if an individual is reemployed by the Government or the District of Columbia. Terminates such entitlement at the end of FY 1999. (Sec. 723) Directs OPM to prescribe regulations which permit, until September 30, 1996, DOD employees who are not scheduled for separation due to a reduction-in-force (RIF) to volunteer for RIF separation in place of employees who are so scheduled. Title VIII: Health Care Provisions - Subtitle A: Health Care Management - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to increase the health care professional payment limitation requirements under the CHAMPUS physician payment reform program, tying such limits to similar limits under title XVIII (Medicare) of the Social Security Act. Requires the Secretary to prescribe regulations covering such payment amounts, providing for exceptions in the case of adequate health care access. Provides transitional requirements. (Sec. 802) Amends specified prior national defense authorization Acts to repeal certain limitations on reductions in military medical personnel. Subtitle B: Other Matters - Requires a military medical advance directive (a directive to require or refuse life-support systems or to appoint a person to make such decisions) to be: (1) exempt from any State requirements of form, substance, formality, or recording; and (2) given the same legal effect as a State advanced medical directive. (Sec. 812) Terminates the Uniformed Services University of the Health Sciences, directing the Secretary to phase out such University beginning in FY 1996 and ending at the close of FY 1999. Prohibits any new class of University students after FY 1995, and prohibits awarding degrees after FY 1999. (Sec. 813) Repeals a Federal provision prohibiting DOD funds from being used to perform abortions unless the life of the mother is in danger. Title IX: Department of Defense Organization and Management - Subtitle A: Secretarial Matters - Authorizes a 12th Assistant Secretary of Defense. (Sec. 902) Redesignates the Assistant Secretary of Defense for Atomic Energy as the Assistant Secretary of Defense for Nuclear and Chemical Programs. Subtitle B: Professional Military Education - Includes within the National Defense University the Institute for National Strategic Studies (which replaces the Institute for National Strategic Study) and the Information Resources Management College. (Sec. 912) Includes the Asia-Pacific Center for Security Studies within a Federal provision authorizing the Secretary to employ as many civilian professors, instructors, and lecturers at specified institutions as considered necessary. Subtitle C: Other Matters - Amends various prior national defense authorization Acts and Federal armed forces provisions to reduce or eliminate specified congressional reporting, notification, or certification requirements. (Sec. 922) Repeals the Federal prohibition against contracting out for the fire fighting and security guard functions at military installations. (Sec. 923) Increases to: (1) $1.7 million the unspecified minor construction threshold; and (2) $350,000 the operation and maintenance threshold. (Sec. 924) Changes from February 15 to March 1 annually a required report from the Secretary concerning National Guard and reserve component equipment. (Sec. 925) Revises the annual date for the joint OMB-CBO report on the scoring of national defense budget outlays. (Sec. 926) Repeals a required annual report from the Secretary on payments made to defense contractors for the costs of environmental response actions. Title X: General Provisions - Subtitle A: Financial Matters - Requires the head of the Coast Guard, when such service is not operating as a service within the Navy, to designate disbursing officials within the Coast Guard for the disbursing of public funds. Allows the Secretary to designate deputy disbursing officials within DOD. (Currently, the Secretary of each military department may designate such an official within that department.) Authorizes the Secretary and the Secretary of Transportation, when operating the Coast Guard, to: (1) designate military personnel under their jurisdiction to certify vouchers; and (2) relieve certifying officials from certain liability concerning the certification of the use of public funds under their jurisdiction. Allows for the crediting of a deficiency in an account under the jurisdiction of such officials, in appropriate circumstances. (Sec. 1002) Provides an exception to certain military personnel due process requirements in the case of routine adjustments of military pay attributable to clerical or administrative error or processing delays. (Sec. 1003) Authorizes the Secretary, under specified limitations, to incur necessary obligations to preserve the military readiness in excess of contract authority and amounts available in DOD appropriations. Requires proposals to incur such additional obligations to be accompanied by offsetting rescission proposals, unless emergency conditions exist. Outlines procedures for charging such excess costs to certain DOD accounts which have been funded as subdivisions within an appropriation. Amends the National Defense Authorization Act for Fiscal Year 1991 to allow, under certain limitations, an obligation and an adjustment to an obligation to be charged to any current DOD appropriation account that is available for the same purpose as a closed or expired DOD account when the expired or closed account was or may have been in violation of the Anti Deficiency Act (an Act which provides express time limitations on the expenditure and obligation of Federal appropriations or funds). (Sec. 1004) Authorizes the Secretary or the Secretary of a military department to waive certain settlement and payment limitations for claims by military personnel under that Secretary's jurisdiction when such claims arose from an emergency evacuation or from extraordinary circumstances warranting such waiver. Applies such waiver to claims arising on or after June 1, 1991. Subtitle B: Counter-Drug Activities - Authorizes the Secretary, in lieu of providing drug interdiction and counter-drug activities funds to a State, to allocate funds for the pay and related expenses of personnel of the National Guard of such State who perform counter- drug duty pursuant to a plan submitted to the Secretary by the governor of such State. Limits to 4,000 the total number of National Guard personnel who may perform such duty for more than 180 days, with an authorized 20 percent increase when necessary in the national interest. Outlines plan requirements. Requires the Secretary to examine the plan's adequacy in consultation with the Director of National Drug Policy. (Sec. 1012) Authorizes the Secretary to conduct outreach programs to reduce the demand for illegal drugs among youths. Provides funding from drug interdiction and counter-drug funding. Subtitle C: Other Matters - Increases from 90 days to one year the authorized period for the transportation of a Federal employee or official between his or her residence and place of employment in situations presenting a clear and present danger to such individual. Authorizes the Secretary and the Secretaries of the military departments to delegate their authority to choose those positions under their jurisdiction for which such transportation will be permitted. (Sec. 1022) Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) remove the FY 1993-1995 limit for the National Guard Civilian Youth Opportunities Program; (2) state that the Program shall no longer be considered a pilot program; and (3) authorize the use of government vehicles pursuant to the Federal Property and Administrative Services Act of 1949 in conducting the Program. Authorizes the use of such government vehicles under such Act for the training and administration of the National Guard. (Sec. 1024) Authorizes the Secretary concerned to trade certain military historical items in exchange for conservation and preservation services and for educational programs, supplies and newly upgraded or renovated conservation equipment, facilities, and systems within existing structures. (Sec. 1025) Amends the DOD Education Loan Repayment Program to authorize the Secretary to repay any loan made under part D of the Higher Education Act of 1965 (the William D. Ford Direct Loan Program) on behalf of the following: (1) enlisted members serving on active duty in certain military specialties; (2) enlisted members of the Selected Reserve with certain critical specialties; and (3) Selected Reserve health professions officers serving under wartime critical medical skill shortages. Title XI: Matters Relating to Allies, Other Nations, and International Organizations - Revises certain accounting procedures with respect to defense burden sharing contributions accepted from the Republic of Korea. (Sec. 1102) Authorizes the Secretary to accept such contributions from Japan and the Republic of Korea in dollars or in the currency of the host nation. Allows such contributions to be used for the relocation of U.S. military personnel in or to such countries. Requires annual reports from the Secretary specifying the amount of contributions accepted and expended. (Sec. 1103) Amends the Foreign Assistance Act of 1961 to authorize the President to assign members of the armed forces to any foreign country to promote rationalization, standardization, interoperability, and other defense cooperation measures. (Currently, such promotion is permitted only among members of NATO and with the armed forces of Japan, Australia, and New Zealand.) (Sec. 1104) Amends the Arms Export Control Act to authorize the Secretaries concerned to use amounts reimbursed to the United States by foreign countries for leased items which have been lost or destroyed to either replace such items or to fund upgrades or modifications of similar systems of the military departments. (Sec. 1105) Amends the Arms Export Control Act to authorize the President, under specified conditions, to acquire from an eligible foreign country or international organization a defense article previously transferred to such country under provisions of such Act, or to undertake an exchange of a defense article in return for a repaired or new article. (Sec. 1106) Limits to any operation which is expected to exceed $10 million in cost or last longer than three months the applicability of a requirement for notification from the President to the Congress when providing disaster assistance outside the United States. (Sec. 1107) Requires an annual report from the Secretary to specified congressional committees concerning the provision of worldwide humanitarian assistance by the United States to be submitted at the same time as the President's annual budget submission. Specifies additional information required to be included in such reports. (Sec. 1108) Amends the National Defense Authorization Act for Fiscal Year 1995 to authorize during FY 1996 the use of DOD humanitarian assistance funds for activities supporting the clearing of landmines for humanitarian purposes. (Sec. 1109) Authorizes the President to provide personnel, supplies, services, and equipment in support of international peacekeeping and peace enforcement activities and to make contributions to pay the U.S. assessed share for such operations conducted by the United Nations when U.S. combat forces participate. Outlines provisions concerning: (1) appropriate reimbursement to the United States for the costs of such support, subject to specified conditions; (2) the appropriate crediting of reimbursements received; (3) the establishment of the International Peacekeeping and Peace Enforcement Activities Account for appropriate purposes; (4) an annual reporting requirement from the President to the Congress concerning such activities and expenditures; (5) an authorization of appropriations for the payment of assessments for UN operations; and (6) a prohibition on the payment of such UN assessed amounts for such activities when U.S. combat forces do not participate. (Sec. 1110) Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) continue through FY 1996 the authority of the Secretary to provide assistance to support international nonproliferation activities; (2) change from the On-Site Inspection Agency to DOD the responsibility for certain on-site inspections in support of such activities; (3) add to authorized nonproliferation activities; and (4) continue through FY 1996 certain quarterly reporting requirements with respect to such activities. Title XII: Acquisition Reform - Exempts from Federal provisions requiring the cancellation of appropriated funds if not used by the end of the fifth fiscal year following their appropriation any funding appropriated for: (1) satellite on-orbit incentive fees, to remain until the fee is earned; and (2) government shipbuilding appropriations available for budgeted work that must be performed in the final stage of ship construction, to remain until its purpose is satisfied. (Sec. 1202) Amends the Office of Federal Procurement Policy Act to require certain public notice of a proposed Federal contract expected to exceed $10,000 but not to exceed $25,000. (Sec. 1203) Repeals a Federal provision: (1) requiring letters of offer for the sale of defense articles and services from DOD stocks to include appropriate charges for a proportionate amount of any nonrecurring costs of research, development, and production of major defense equipment; and (2) authorizing the waiver of such charges by the President in certain circumstances. (Sec. 1204) Makes Federal provisions disallowing the receipt by a contracting official of any gratuities from the contractor inapplicable to contracts falling within the simplified acquisition threshold. (Sec. 1205) Amends the Federal Acquisition Streamlining Act of 1994 to require the heads of Federal agencies to make management decisions on all Office of Inspector General audits within six months (currently, no time limit) after their issuance. (Sec. 1206) Repeals a Federal provision prohibiting funds appropriated to DOD from being used to transfer to a foreign country a technical data package for a defense item being manufactured or developed in an arsenal, or to assist a country in producing such an item. (Sec. 1207) Makes permanent (currently only permitted during a national emergency) the power of the President to make, amend, or modify contracts to facilitate the national defense. (Sec. 1208) Includes a U.S. territory as a permissible entity to which the Secretary of the Navy may transfer a captured vessel or a vessel stricken from the Naval Vessel Register. (Sec. 1209) Amends the National Defense Authorization Act for Fiscal Year 1990 and 1991 to: (1) require a broad range of the services and supplies acquired by DOD to be included in a test program for negotiating comprehensive subcontracting plans; (2) revise provisions concerning DOD contractors eligible under the test program; and (3) repeal a provision limiting the FY 1994 participants in the program. (Sec. 1210) Removes the requirement of activation of the full Civil Reserve Air Fleet before the Secretary may contract with private aircraft owners for the incorporation of defense features on such aircraft. (Sec. 1211) Prohibits any court or board from exercising jurisdiction over any claim for the adjustment of a shipbuilding contract that was not submitted to the contracting officer within 18 months after the occurrence of the event giving rise to the claim. (Sec. 1212) Authorizes the Secretary of the Navy to acquire or transfer such vessels and equipment for operation by private salvage companies as the Secretary considers necessary. Authorizes such Secretary to settle and receive payment for any U.S. claim for salvage services rendered by the Navy. (Sec. 1213) Authorizes the Secretary or the secretaries of the military departments to have supplies needed for DOD or a military department made in factories, depots, or arsenals owned by the United States. Authorizes any such Secretary to disestablish any U.S. arsenal considered unnecessary. (Sec. 1214) Repeals a Federal provision prohibiting the use of any appropriated funds for documenting the economic or employment impact of DOD acquisition programs for which research, development, testing, and evaluation have not been completed. (Sec. 1216) Repeals a Federal provision authorizing the Secretary of a military department to delegate certain contract authority. (Sec. 1217) Exempts from certain monitoring, evaluation, reporting, and oversight requirements the defense acquisition pilot programs specified under the Federal Acquisition Streamlining Act of 1994 and such future programs as may be authorized by the Congress pursuant to the National Defense Authorization Act for Fiscal Year 1991. (Sec. 1218) Requires major defense system and munitions programs testing to begin at the component, subsystem, and subassembly level and to culminate with tests of the complete system configured for combat. Revises, generally, language and terms for such programs. (Sec. 1219) Requires any position papers or assessments made with respect to technological issues in defense research to be made part of the record when making acquisition program (currently, milestone O, I, and II) decisions. (Sec. 1220) Repeals a Federal provision which authorizes the head of an agency to waive certain restrictions on undefinitized contractual actions when necessary to support a contingency operation. Excludes from such restrictions contingency operations, peacekeeping and peace enforcement operations, disaster relief operations, and humanitarian assistance. (Sec. 1221) Provides an exception with respect to the requirement of independent cost estimates for major defense acquisition programs when the decision authority for that program has been delegated to an official of a military department, defense agency, or other DOD component. (Sec. 1222) Revises Federal provisions requiring unit cost reports for defense acquisition programs to: (1) remove the definition of "procurement program" for purposes of such reports; and (2) require such a report in certain cases where the current program acquisition unit cost has increased by at least five percent over the 15 percent increase in such cost for the program as shown in its baseline estimate. (Sec. 1223) Repeals Federal provisions requiring certain quality control in the procurement of critical aircraft and ship spare parts. (Sec. 1224) Authorizes funds appropriated to a military department to be used to procure rights to use designs and processes. (Currently, funds are authorized only for technical data and computer software.) (Sec. 1225) Authorizes the Secretary to exclude from certain required post-education duty assignments graduates of the Senior Acquisition Course at the Armed Forces Industrial College if they are assigned upon such graduation to critical acquisition positions. Repeals a Federal provision requiring individuals assigned to critical acquisition positions to so serve for a minimum of three years. (Sec. 1227) Repeals Federal provisions: (1) requiring certain limitations on the performance of depot-level maintenance of material; and (2) prohibiting the contracting-out of DOD depot-level maintenance or repair workload activities previously performed by DOD depot-level activities.

Trust Fund Restoration Act of 1995

United States · United States Congress · 27 April 1995

Trust Fund Restoration Act of 1995 - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being: (1) included in the totals of either the President's budget or in the congressional budget; (2) considered as any category of discretionary appropriations as defined under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) or subject to discretionary spending limits under such Act; (3) subject to sequestration under such Act; and (4) exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays). Makes any such disbursements subject to appropriations. Directs, with respect to the Airport and Airway Trust Fund, that estimates of unfunded aviation authorizations and net aviation receipts be made annually and that adjustments be made if unfunded authorizations exceed receipts. Sets forth similar provisions for both the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund.

Aufhebung der EG-Verordnung Nr. 2407/92 betr. Betriebsgenehmigungen für Fluggesellschaften; Vermeidung von Nachteilen im Falle einer völligen Privatisierung der Lufthansa (G-SIG: 13051458)

Germany · German Bundestag · 21 April 1995

Department of Transportation Reorganization Act of 1995

United States · United States Congress · 6 April 1995

Department of Transportation Reorganization Act of 1995 - Amends Federal transportation law to increase the number of Department of Transportation (DOT) Assistant Secretaries to five. (Sec. 4) Repeals a provision granting the Secretary of Transportation supervisory authority over the Saint Lawrence Seaway Corporation. Establishes the Intermodal Transportation Administration (ITA) as an administration within the DOT, headed by an Administrator appointed by the President, by and with the advice and consent of the Senate. Establishes within the Administration an Office of Intermodalism which shall: (1) develop and disseminate intermodal transportation data through the Bureau of Transportation Statistics; (2) coordinate the collection of intermodal transportation data for a data base with States and metropolitan planning organizations; and (3) coordinate Federal research on intermodal transportation in accordance with a specified plan developed under the Intermodal Surface Transportation Efficiency Act of 1991. Authorizes the Secretary to delegate his or her authority over the Saint Lawrence Seaway Corporation to the ITA Administrator. Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal provisions under such Act relating to the establishment of the Office of Intermodalism within the Office of the Secretary. Amends the Ports and Waterways Safety Act to make the Secretary (instead of the Secretary in the department in which the Coast Guard is operating) solely responsible for the prevention of damage to, or destruction of, bridges over U.S. navigable waters. (Sec. 5) Amends Federal transportation law to direct the Administrator of the Federal Aviation Administration (FAA) to carry out duties related to commercial space transportation. (Sec. 6) Repeals specified provisions relating to: (1) the Federal Railroad Administration; (2) the Federal Highway Administration; (3) the National Highway Traffic Safety Administration; (4) the Federal Transit Administration; (5) the Maritime Administration; and (6) the Research and Special Programs Administration. (Sec. 7) Authorizes the Secretary, in carrying out DOT functions, to make, enter into, and perform contracts, grants, leases, cooperative agreements, cooperative research and development agreements, and other similar transactions with Federal, State, and local agencies, nonprofit organizations, and private organizations and persons. Authorizes the Secretary to accept reimbursement from non-Federal sources for costs related to the participation of non-Federal individuals incurred by the DOT for international trips related to promoting international trade in U.S. goods and services. (Sec. 8) Repeals the mandates for specified reports, and revises the due dates for certain other reports.

Department of Transportation Reorganization Act of 1995

United States · United States Congress · 6 April 1995

Department of Transportation Reorganization Act of 1995 - Amends Federal transportation law to increase the number of Department of Transportation (DOT) Assistant Secretaries to five. (Sec. 4) Repeals a provision granting the Secretary of Transportation supervisory authority over the Saint Lawrence Seaway Corporation. Establishes the Intermodal Transportation Administration (ITA) as an administration within the DOT, headed by an Administrator appointed by the President, by and with the advice and consent of the Senate. Establishes within the Administration an Office of Intermodalism which shall: (1) develop and disseminate intermodal transportation data through the Bureau of Transportation Statistics; (2) coordinate the collection of intermodal transportation data for a data base with States and metropolitan planning organizations; and (3) coordinate Federal research on intermodal transportation in accordance with a specified plan developed under the Intermodal Surface Transportation Efficiency Act of 1991. Authorizes the Secretary to delegate his or her authority over the Saint Lawrence Seaway Corporation to the ITA Administrator. Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal provisions under such Act relating to the establishment of the Office of Intermodalism within the Office of the Secretary. Amends the Ports and Waterways Safety Act to make the Secretary (instead of the Secretary in the department in which the Coast Guard is operating) solely responsible for the prevention of damage to, or destruction of, bridges over U.S. navigable waters. (Sec. 5) Amends Federal transportation law to direct the Administrator of the Federal Aviation Administration (FAA) to carry out duties related to commercial space transportation. (Sec. 6) Repeals specified provisions relating to: (1) the Federal Railroad Administration; (2) the Federal Highway Administration; (3) the National Highway Traffic Safety Administration; (4) the Federal Transit Administration; (5) the Maritime Administration; and (6) the Research and Special Programs Administration. (Sec. 7) Authorizes the Secretary, in carrying out DOT functions, to make, enter into, and perform contracts, grants, leases, cooperative agreements, cooperative research and development agreements, and other similar transactions with Federal, State, and local agencies, nonprofit organizations, and private organizations and persons. Authorizes the Secretary to accept reimbursement from non-Federal sources for costs related to the participation of non-Federal individuals incurred by the DOT for international trips related to promoting international trade in U.S. goods and services. (Sec. 8) Repeals the mandates for specified reports, and revises the due dates for certain other reports.

United States Air Traffic Service Corporation Act

United States · United States Congress · 6 April 1995

TABLE OF CONTENTS: Title I: General Title II: Transfer of Air Traffic Service From the Federal Aviation Administration Title III: Permanent Federal Requirements Title IV: Amendments to Federal Aviation Laws Title V: Other Applicable Statutes Title VI: Transition Provisions United States Air Traffic Service Corporation Act - Title I: General - Sets forth the findings and purposes of this Act. Title II: Transfer of Air Traffic Service From the Federal Aviation Administration - Creates the United States Air Traffic Service Corporation and transfers to it all air traffic services held by the Federal Aviation Administration (FAA). (Sec. 204) Requires the Board of Directors of the Corporation to create a Safety Committee, and any other needed committees, to supervise the aviation safety activities of the Corporation. (Sec. 207) Directs the Corporation to exercise day-to-day operational supervision and control over the movement of aircraft. (Sec. 209) Directs the Corporation to: (1) impose fees for services provided to aircraft other than public, U.S. military, and certain general aviation aircraft; and (2) study the allocation of all Corporation costs (including Department of Defense costs to produce air traffic control services for civilian aviation) to identifiable, discrete air-traffic-service categories and user categories. (Sec. 210) Exempts the Corporation from State or local taxation, with specified exceptions. (Sec. 211) Prohibits any State or political subdivision or political authority of two or more States from enacting or enforcing any law or regulation relating to air traffic services provided by the Corporation. Title III: Permanent Federal Requirements - Authorizes the President, in the event of war or national emergency, to transfer any functions of the Corporation to the Department of Defense (DOD). (Sec. 302) Grants Corporation employees the right to form a union and to bargain collectively. Establishes a Labor Resolution Board for the binding resolution of bargaining impasses. Prohibits strikes, work stoppages, and slowdowns by Corporation employees or their representative labor organization. Title IV: Amendments to Federal Aviation Laws - Amends Federal transportation law to require the Administrator of the FAA, in carrying out certain aircraft safety registration requirements, including regulation of the Corporation, to consider the requirements of national defense and commercial and general aviation, and the public right of freedom of transit through navigable airspace. (Sec. 403) Requires the Administrator of the FAA to develop safety standards and policy for the use of navigable airspace. (Sec. 405) Require the Corporation to develop plans for the effective discharge of Corporation and FAA responsibilities in the event of war. (Sec. 406) Prohibits the Corporation from taking action that would have the force and effect of law relating to a price, route, or service of an air carrier. (Sec. 407) Requires the Administrator of the FAA and the Corporation to consult and cooperate with respect to research and development activities related to the use of navigable airspace, air traffic control, and air navigation, in order to avoid duplication of research and development efforts. (Sec. 409) Authorizes and directs the Administrator of the FAA to prescribe by regulation minimum standards to assure the highest level of aviation safety in the public interest, and to insure that national defense needs are met, in actions taken by the Corporation. Title V: Other Applicable Statutes - Directs the Corporation to establish a comprehensive system for the management, compensation, and advancement of Corporation employees that best serves the needs of airspace management in the United States. (Sec. 502) Amends the Government Corporation Control Act to cover the United States Air Traffic Service Corporation, except for specified provisions. (Sec. 503) Amends the Internal Revenue Code to extend, until January 1, 1999, the tax on the sale of aviation fuel and the tax on gasoline and nongasoline fuels used in aircraft in noncommercial aviation. Decreases the air transportation tax imposed on passengers from ten percent to 1.5 percent of the amount paid for such transportation beginning on or after January 1, 1997. Decreases, as of January 1, 1997, the tax imposed: (1) upon air passengers whether within or without the United States from six dollars to 90 cents; and (2) on the transportation of property within or without the United States from 6.25 percent to .95 percent of the amount paid for such transportation. Extends such taxes through January 1, 1999. Amends the Trust Fund Code of 1981 to extend the transfer of certain aviation taxes into the Airport and Airway Trust Fund until January 1, 1999. Extends the airport and airway program through October 1, 1999. Extends the current financing rate for the Airport and Airway Trust Fund through December 31, 1998. (Sec. 504) Authorizes the transfer of amounts from the Fund to cover Corporation: (1) air traffic transition costs; (2) air facility costs; and (3) commencement services. (Sec. 505) Prohibits the Corporation's receipts and disbursements from being counted as new budget authority, outlays, receipts, or deficit or surplus with respect to: (1) the President's budget; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings). (Sec. 506) Amends the Congressional Budget Act of 1974 to reduce discretionary spending limits for FY 1997 through FY 2000. Title VI: Transition Provisions - Directs the Administrator of the FAA and the Chief Executive Officer of the Corporation to jointly determine which functions and which Federal employees are to be transferred to the Corporation.

To eliminate certain activities from the functions performed by the National Weather Service, and for other purposes.

United States · United States Congress · 6 April 1995

Prohibits the National Weather Service from providing any weather services specifically for the marine, aviation, or agricultural communities other than as part of general public weather information.

A bill to provide for the certification by the Federal Aviation Administration of airports serving commuter air carriers, and for other purposes.

United States · United States Congress · 5 April 1995

Amends Federal air transportation law to require the Administrator of the Federal Aviation Administration to issue an airport operating certificate for an airport that serves any scheduled passenger operation of an air carrier aircraft designed for more than nine passenger seats or any unscheduled passenger operation of an air carrier aircraft designed for more than 30 passenger seats. (Currently the mandate covers only an airport serving an air carrier operating aircraft designed for at least 31 passenger seats.)

Federal Aviation Administration Reform Act of 1995

United States · United States Congress · 4 April 1995

Federal Aviation Administration Reform Act of 1995 - Establishes as an independent Federal agency the Federal Aviation Administration (Administration). Declares that the Administration shall be administered by an Administrator, who shall be appointed by the President to a seven-year term, by and with the advice and consent of the Senate. (Sec. 8) Transfers to the new Administration all functions of the Federal Aviation Administration (FAA) of the Department of Transportation and of the Secretary of Transportation which are administered through the FAA. (Sec. 16) Establishes the Federal Aviation Management Advisory Committee to provide advice and counsel to the Administrator on issues which affect or are affected by the operations of the Administrator. (Sec. 17) Directs the Administrator to establish a select panel to review and report to the Congress regarding innovative financing mechanisms for ensuring adequate funding for existing and future aviation infrastructure needs. (Sec. 18) Authorizes the Administrator to accept transfers from other Federal agencies to funds which are available to carry out functions transferred by this Act to the Administrator or functions assigned by law to the Administrator on or after enactment of this Act. (Sec. 23) Directs the Administrator to conduct pilot programs which utilize a trial: (1) acquisition management system to procure goods and services by the Administration; and (2) personnel management system for the management, compensation, and advancement of its employees. Requires the Administrator, upon the development of such systems, to submit a comprehensive plan describing them to the Congress. Terminates such systems effective October 1, 2002. (Sec. 25) Directs the Management Advisory Panel to submit to the Administrator and to the Congress a report evaluating the results of the pilot programs in acquisition and personnel reform.