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251 records in 1995

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Bill· HRH.R. 1646 (104th)open

Reserve Forces Revitalization Act of 1995

United States · United States Congress · 16 May 1995

TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Reserve Component Structure Title III: Reserve Component Accessibility Title IV: Reserve Component Resources Title V: Reserve Forces Sustainment Reserve Forces Revitalization Act of 1995 - Title I: Findings and Purposes - States that the purpose of this Act is to revise statutory authorities governing the reserve components of the armed forces in order to recognize the realities of reserve component partnership in the Total Force and to better prepare the American citizen-soldier in peace for duties in war. Title II: Reserve Component Structure - Establishes within the appropriate military departments the Army, Naval, and Air Force Reserve Command, as well as the Marine Forces Reserve. Provides for a commander and deputy commander within each of the Commands and Reserve. Requires the Secretary of each military department (Commandant, with respect to the Marine Corps) to assign to the Command or Reserve all of their reserve forces (specified portions with respect to the Marine Corps). Requires an implementation report and schedule. Establishes in each military department an Office of Army, Naval, Marine Forces, and Air Force Reserve, as well as a Chief of each such Reserve. Outlines administrative provisions with respect to each such office, including terms of office, budgets, and a required annual report to the Congress. (Sec. 203) Requires the Vice Chief of the National Guard Bureau to serve in the grade of lieutenant general (currently, major general). (Sec. 204) Provides the grades of the commanders of the reserve personnel centers. (Sec. 205) Exempts from annual active-duty officer end strength limitations general officers responsible for reserve affairs within the military departments. (Sec. 206) Limits the total reduction in the number of positions authorized for military (civilian) technicians of the Army and Air National Guard and the Army and Air Force Reserve. Title III: Reserve Component Accessibility - Authorizes the President to order to active duty members of the Ready Reserve: (1) in time of national emergency declared by the Congress; (2) when necessary to provide Federal disaster relief to a State upon request; and (3) when otherwise authorized by law. Requires 48 hours' prior notification to the Congress before exercising such authority. Provides time limitations with respect to such activations. Requires quarterly reports to the Congress by the President with respect to the exercise of such authority and the necessity for retention of the reserves on active duty. Limits to one million the total number of personnel authorized to be on such duty at any one time without their consent. Directs the Secretary of Defense to prescribe policies and procedures for the release of such members from such duty. Prohibits any member of the Ready Reserve from being ordered to such duty more than once in any 24-month period, with a waiver by the President when it is determined that such service is urgently required and not otherwise available. (Sec. 302) Directs the Secretary to report to the Congress concerning possible legislation: (1) providing tax incentives to employers of reserve personnel to compensate for employee absences due to the performance of involuntary training or required or involuntary active duty; (2) to establish an income insurance program to provide replacement income to reserve personnel called to active duty or active Federal service; and (3) to establish a small business loan program to provide to reserve personnel ordered to active duty or active Federal service during a contingency operation low-cost loans to assist such members in retaining or rebuilding businesses affected by such service. Title IV: Reserve Component Resources - Directs the Secretary to include in the annual budget report to the Congress a report on any actual or anticipated shortfall in funding for reserve component personnel, operations and maintenance, equipment, or military construction in the budget for that fiscal year. (Sec. 402) Requires funds appropriated to the reserve components to be allocated by the Secretary to the use of that component for the purposes provided by the Congress. Requires amounts intended for military or civilian active personnel performing service in support of the reserves to be shown separately in budget justification documents. Title V: Reserve Forces Sustainment - Requires the Secretary to report to the Congress concerning possible legislation to restore the tax deductibility of nonreimbursable expenses incurred by reserve personnel in connection with military service. (Sec. 502) Authorizes the Secretary to pay transient housing charges for reserve personnel performing active duty for training at locations which are more than 50 miles from their current residence. (Currently, such authority is limited to annual training duty performed at such locations.) (Sec. 503) Expresses the sense of the Congress that: (1) the United States should continue to pay reserve personnel appropriate quarters allowances during periods of service on active duty for training; and (2) current reserve component military leave policies should not be changed. (Sec. 505) Directs the Secretary to seek to arrange for the establishment by a private insurance carrier of a group dental plan for members of the Selected Reserve and their dependents which would enable such individuals to obtain dental care at a low cost. (Sec. 506) Directs the Secretary to seek to enter into an agreement with a national organization representing retail merchants under which such organization would sponsor a program for the provision of price discounts by participating retail merchants to members of the armed forces. (Sec. 507) Commends the Reserve Forces Policy Board for its past work as an independent source of advice to the Secretary on all matters pertaining to the reserves. Expresses the sense of the Congress that the Board and the reserve forces policy committees for the individual military departments should continue to perform the vital role of providing the civilian leadership of the Department of Defense with independent advice on such matters.

Bill· HRH.R. 1651 (104th)referred

Medicare Dependent Hospital Relief Act of 1995

United States · United States Congress · 16 May 1995

Medicare Dependent Hospital Relief Act of 1995 - Directs the Prospective Payment Assessment Commission to: (1) develop separate applicable percentage increases for Medicare dependent and certain non-Medicare dependent hospitals to ensure that the average annual Medicare margins of the two hospitals are equalized while ensuring budget neutrality; and (2) include in each of its March reports to the Congress the percentage increases for the upcoming fiscal year, as well as recommendations on methods for ensuring that Medicare beneficiaries who receive Medicare dependent hospital services have the same access and quality of care as those beneficiaries furnished with certain non-Medicare dependent hospital services.

Resolution· SCONRESS.Con.Res. 13 (104th)open

An original concurrent resolution setting forth the congressional budget for the United States Government for the fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002.

United States · United States Congress · 15 May 1995

TABLE OF CONTENTS: Title I: Levels and Amounts Title II: Budgetary Restraints and Rulemaking Title III: Sense of the Congress and the Senate Title I: Levels and Amounts - Establishes the budget for FY 1996 and sets forth appropriate budget levels for FY 1997 through 2002. Sets forth recommended budgetary levels for Federal revenues, total new budget authority, total budget outlays, deficits, public debt, new direct loan obligations, and new primary loan guarantee commitments. (Sec. 102) Establishes the amounts of the increase in the public debt subject to limitation for FY 1996 through 2002. (Sec. 103) Establishes the amounts of Social Security trust fund revenues and outlays for Senate enforcement purposes for FY 1996 through 2002. (Sec. 104) Establishes the appropriate levels of new budget authority, budget outlays, new direct loan obligations, new primary loan guarantee commitments, and new secondary loan guarantee commitments for FY 1996 through 2002 for each major functional category. (Sec. 105) Requires the Senate Budget Committee, after receiving recommendations required from Senate committees, to report to the Senate a reconciliation bill carrying out such recommendations without any substantive revision. Title II: Budgetary Restraints and Rulemaking - Establishes Senate procedures to enforce discretionary spending limits for FY 1996 through 2002. Allows exceptions if there is a declaration of war in effect or during periods of low economic growth. Permits a waiver or suspension upon a vote of three-fifths of the Members. (Sec. 202) Establishes Senate procedures to provide for the continuation of the pay-as-you-go enforcement system. (Sec. 203) Provides for a reserve fund following passage of a conference report complying with reconciliation requirements. (Sec. 204) Provides for a budget surplus allowance which permits a reduction of the revenue floor by an amount based on a revised Congressional Budget Office deficit estimate which reflects additional deficit reduction achieved after enactment of reconciliation legislation. (Sec. 205) Provides for the scoring of all legislation. (Current law excludes emergency legislation from scoring.) (Sec. 206) Expresses the sense of the Congress that the asset sale scoring prohibition should be repealed and replaced with a methodology that takes into account the long-term budgetary impact of asset sales. (Sec. 207) Provides that for purposes of the budgetary treatment of administrative expenses the cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following cash flows for the estimated life of the loan: (1) loan disbursements; (2) repayments of principal; (3) payments of interest and other payments by or to the Government over the life of the loan after certain adjustments; and (4) in the case of legislation increasing direct loan commitments for a program in which loan commitments will equal or exceed $5 billion for the coming fiscal year, specified direct expenses. (Sec. 208) Extends the Senate's 60-vote enforcement requirement of the Budget Act through September 30, 2002. (Sec. 209) Repeals provisions of the 1995 budget resolution which created an allowance to fund an Internal Revenue Service compliance initiative outside the discretionary caps. (Sec. 210) States that the Senate has the constitutional right to change its rules at any time. Title III: Sense of the Congress and the Senate - Expresses the sense of the Senate with respect to the following: (1) restructuring government and program terminations; (2) returning programs to the States; (3) the commercialization of Federal activities; (4) the establishment of a nonpartisan Consumer Price Index commission; (5) the distribution of agricultural savings; (6) the nondeductibility of lobbying expenses; and (7) expatriate taxes. Expresses the sense of the Congress with respect to the following: (1) a uniform accounting system for the Federal government; (2) that 90 percent of any tax cuts must go to working families with incomes less than $100,000; (3) creating a bipartisan commission to study the solvency of Medicare; and (4) the protection of children's health.

Bill· HRH.R. 1636 (104th)referred

Regulatory Accounting Act of 1995

United States · United States Congress · 15 May 1995

Regulatory Accounting Act of 1995 - Directs the President, after providing notice and opportunity for comment, to prepare and submit to the Congress: (1) a biennial accounting statement, covering at least the five fiscal years beginning on the first day of the fiscal year in which the report is submitted, that estimates the costs of Federal regulatory programs and corresponding benefits as outlined by this Act; and (2) an associated report analyzing program impacts on small business, State and local governments' ability to provide essential services, and other appropriate factors. Directs the Director of the Office of Management and Budget to provide guidance to agencies to standardize measures of costs and benefits in such accounting statements as well as their format. Requires the Director of the Congressional Budget Office, after each accounting statement and associated report are submitted, to make recommendations to the President for improving such statements and reports.

Resolution· HCONRESH.Con.Res. 67 (104th)open

Setting forth the congressional budget for the United States Government for fiscal years, 1996, 1997, 1998, 1999, 2000, 2001, and 2002.

United States · United States Congress · 15 May 1995

Establishes the budget for FY 1996 and sets forth appropriate budget levels for FY 1997 through 2002. Sets forth recommended budgetary levels for Federal revenues, total new budget authority, total budget outlays, deficits, public debt, and credit activity. (Sec. 3) Establishes the appropriate levels of new budget authority, budget outlays, new direct loan obligations, new primary loan guarantee commitments, and new secondary loan guarantee commitments for FY 1996 through 2002 for each major functional category. (Sec. 4) Requires the House Budget Committee, after receiving recommendations required from House committees, to report to the House a reconciliation bill carrying out such recommendations without any substantive revision. (Sec. 5) Expresses the sense of the Congress that the asset sale scoring prohibition should be repealed and consideration given to replacing it with a methodology that takes into account the long-term budgetary impact of the sale. (Sec. 6) Requires, for purposes of points of order under the Congressional Budget Act of 1974 and concurrent resolutions on the budget, that discretionary spending limits under that Act (and those limits as cumulatively adjusted) for the current fiscal year and each outyear, allocations to the Committee on Appropriations under that Act, and appropriate budgetary aggregates in the most recently agreed to concurrent resolution on the budget be adjusted to reflect the amounts of additional budget authority or additional outlays reported by the Committees on Appropriations in appropriations Acts for the Internal Revenue Service compliance initiative activities in any fiscal year, but not to exceed specified amounts in new budget authority and in outlays. Provides for revised limits, allocations, and aggregates as well as the reporting of revised suballocations. Requires the Internal Revenue Service and the Department of the Treasury to adhere to the principles of privacy and protection of taxpayer rights. (Sec. 7) Expresses the sense of the Congress that: (1) the baseline budgeting should be replaced with a form of budgeting that requires full justification and analysis of budget proposals and maximizes congressional accounting for public spending; (2) the Congress should study alternative approaches to budgeting emergencies; (3) the Student Loan Marketing Association should be restructured as a private corporation; (4) the Congress should balance the budget and a surplus should be created which can be used to pay off the Federal debt; (5) the Gephardt rule should be repealed and the debt limit set at a level that assures a balanced budget by 2002 or sooner; (6) the cost of a direct loan should be the net present value, at the time the direct loan is disbursed, of specified cash flows for the estimated life of the loan; and (7) a high-level commission should be convened to study the problems associated with the Federal retirement system and make recommendations that will ensure the long-term solvency of the military and civil service retirement funds.

Law· SS. 790 (104th)enacted

Federal Reports Elimination and Sunset Act of 1995

United States · United States Congress · 11 May 1995

TABLE OF CONTENTS: Title I: Departments Title: : Independent Agencies Title III: Reports By All Departments and Agencies Title IV: Effective date Federal Report Elimination and Sunset Act of 1995 - Title I: Departments - Amends numerous specified Federal Acts to eliminate or modify certain reporting requirements of cabinet-level Departments. Title II: Independent Agencies - Amends numerous specified Federal Acts to eliminate or modify certain reporting requirements of specified independent Federal agencies. Title III: Reports by All Departments and Agencies - Amends various specified Federal law to eliminate or modify certain reporting requirements of specified Federal departments and agencies. Terminates certain annual, semiannual, and other periodic reporting requirements, specifically exempting any reporting requirements under the Inspector General Act of 1978 or the Chief Financial Officers Act of 1990. Requires the President to include in the first annual budget submitted to the Congress after the enactment of this Act a list of reports that the President has determined are unnecessary or wasteful along with the reasons for such determination. Title IV: Effective Date - Sets forth the effective date of this Act.

Resolution· HCONRESH.Con.Res. 66 (104th)referred

Setting forth the congressional budget for the United States Government for the fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002.

United States · United States Congress · 11 May 1995

Sets forth the congressional budget for FY 1996, including the appropriate budgetary levels for FY 1997 through 2002. Sets forth recommended budgetary levels for Federal revenues, total new budget authority, total budget outlays, budget deficits, public debt, and Federal credit activity. (Sec. 3) Sets forth for each major functional category the appropriate levels of new budget authority, budget outlays, new direct loan obligations, new primary loan guarantee commitments, and new secondary loan guarantee commitments for FY 1996 through 2002. (Sec. 4) Requires House committees to submit their recommendations on the budget to the House Budget Committee which shall then report a reconciliation measure to the House of Representatives which shall carry out such recommendations without substantive revisions. (Sec. 5) Expresses the sense of the House of Representatives that legislation should be enacted that: (1) prohibits surplus social security payroll taxes from being used to balance the budget or reduce the deficit; (2) sets aside such surplus funds to protect and preserve the social security system; (3) establishes a bipartisan commission to oversee the protection of these funds; and (4) provides that social security funds that are now part of the public debt be repaid. (Sec. 6) Declares that Congress should enact a plan that balances the budget and pays off the public debt.

Question· oralPQ 12asked

10 Mrs. O'Rourke asked the Minister for Social Welfare his views on whether Ireland is at risk of becoming an even more polarised society; the evidence, if any, that exists in this regard; and if he has satisfied himself with the measures adopted in the recent budget to counter this problem. [7961/95]

Ireland · Dáil Éireann · 9 May 1995

10 Mrs. O'Rourke asked the Minister for Social Welfare his views on whether Ireland is at risk of becoming an even more polarised society; the evidence, if any, that exists in this regard; and if he has satisfied himself with the measures adopted in the recent budget to counter this problem. [7961/95]

Bill· HRH.R. 1580 (104th)open

Mining Law Reform Act of 1995

United States · United States Congress · 9 May 1995

TABLE OF CONTENTS: Title I: Findings and Purposes; Definitions Title II: Disposition of Locatable Mineral Deposits Title III: Surface Management of Mineral Activities Title IV: Royalty Title V: Abandoned Locatable Minerals Mine Reclamation Program Title VI: Administrative Provisions Mining Law Reform Act of 1995 - Title I: Findings and Purpose; Definitions - Declares that it is the purpose of this Act to: (1) promote mineral exploration and development; (2) ensure land reclamation; and (3) avoid claims of takings of property rights that could require compensation under the Fifth Amendment to the Constitution. Title II: Disposition of Locatable Mineral Deposits - 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. 201) Sets forth claim maintenance and assessment work 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. Credits the annual claim maintenance fee payments for unpatented mining claim or site against the requisite royalties. Prescribes procedural guidelines for fee adjustments and disposition. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. 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. (Sec. 202) 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. 203) Prohibits the Secretary of the Interior from denying residential occupancy, or requiring removal of equipment or facilities, if a notice of intent or plan of operations shows such occupancy to be reasonably required. Sets forth procedural guidelines for reversion to the Secretary of a patented estate that is used for unauthorized purposes. Amends the Department of the Interior and Related Agencies Appropriations Act, 1995 to repeal its proscription against the obligation of appropriated funds to process patents for mining or mill site claims. Title III: Surface Management of Mineral Activities - Declares that compliance with this title constitutes compliance with specified provisions of the FLPMA and any National Forest System surface management resource standard contained in specified Acts and any other law applicable to Federal lands subject to this title within the National Forest System. States that this Act is applicable only to mineral activities on those Federal lands where the surface estate is managed by the Bureau of Land Management or the U.S. Forest Service. Cites the Federal environmental protection statutes applicable to mining operations under this Act. (Sec. 302) Prescribes procedural guidelines for: (1) authorization of mineral activities and plans of operations requirements (including a reclamation plan that complies with State requirements, and evidence of financial assurance); (2) cooperative agreements for joint administration between the Secretary and the requesting State; and (3) enforcement and administrative and judicial review. Title IV: Royalty - Imposes a royalty of three percent of the net proceeds upon the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Waives the royalty for: (1) any mine with an annual gross yield of less than $500,000; and (2) minerals processed at a facility by the same person which extracted the minerals if a certain urban development action grant has been made. Prescribes royalty payment guidelines. Title V: Abandoned Locatable Minerals Mine Reclamation Program - Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. (Sec. 501) 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. 503) Identifies: (1) Federal lands and water eligible for reclamation under this Act; and (2) reclamation uses and objectives for moneys in a State Fund. (Sec. 505) Requires each State with a State Fund to furnish an annual accounting report to the Congress. Title VI: Administrative Provisions - Declares that this Act supersedes the general mining laws only to the extent that they conflict with the requirements of this Act. Sets forth the effect of this Act upon other Federal and State laws.

Bill· SS. 765 (104th)referred

Federal Buildings Construction and Alteration Funding Improvement Act

United States · United States Congress · 8 May 1995

Federal Buildings Construction and Alteration Funding Improvement Act - Amends the Public Buildings Act of 1959 to require the President to include as part of the annual Federal budget submission to the Congress a list, in order of need, of public building construction and alteration projects for which funds are requested. Directs the Administrator of General Services to promulgate merit-based criteria for determining relative need. Requires reports to the Congress on building project surveys to specify the relative need for a project.

Bill· SS. 755 (104th)open

USEC Privatization Act

United States · United States Congress · 3 May 1995

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. 4) States that one of this Act's purposes is to ensure that privatization of the United States Enrichment Corporation (USEC) does not result in any adverse effects on the pension benefits of employees at facilities that are operated in the performance of functions vested in USEC. Declares that any employer (including USEC) shall abide by the terms of the collective bargaining agreement in effect on the privatization date at each individual facility until the earlier of: (1) the date on which the collective bargaining agreement terminates; or (2) a new collective bargaining agreement is executed. Prescribes guidelines under which Corporation employees who before the privatization date were subject to Federal retirement and health benefits may elect to continue such coverage or receive the benefits provided by the privatized Corporation. (Sec. 5) Delineates parameters within which the Department of Energy (DOE) may market enriched uranium and uranium enrichment and related services after the privatization date. 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: (1) shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste; and (2) may transfer low-enriched uranium to the Corporation without charge before the privatization date. Prohibits delivery for commercial end use before January 1, 1998, of natural uranium transferred by the United States to the Corporation. (Sec. 6) Declares the Corporation, on the privatization date, to be the Executive Agent of the United States under a specified agreement with the Russian Federation for the disposition of highly enriched uranium. Authorizes the U.S. Government to change the Executive Agent at any time after the privatization date. Authorizes the U.S. Executive Agent to contract for resale of the enrichment component of low-enriched uranium purchased from the Russian Federation and derived from highly enriched uranium. Requires the U.S. Executive Agent, upon delivery of such low-enriched uranium under such a sales contract, to deliver to the Russian Federation Executive Agent, an amount of uranium hexafluoride equivalent to the natural uranium component of such low-enriched uranium. Deems such uranium hexafluoride, delivered to the Russian Federation Executive Agent, to be of Russian origin and subject to specified restrictions. Permits use of such "Russian origin" uranium hexafluoride for: (1) overfeeding in the operations of enrichment facilities in the United States; or (2) resale for end use outside the United States. Permits delivery of such "Russian origin" uranium hexafluoride for consumption by end users in the United States after January 1, 2002, according to a specified schedule. (Sec. 7) Prescribes guidelines under which: (1) USEC may 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. 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. Provides that the proceeds to the U.S, Government from privatization shall be included in the budget baseline and be counted as an offset to direct spending. Prohibits issuance of any license or certificate of compliance to USEC if its issuance would, in the opinion of the Nuclear Regulatory Commission (NRC), be inimical to the common defense and security of the United States due to the nature and extent of USEC ownership, control or domination by a foreign corporation or government or any other relevant factors or circumstances. (Sec. 8) Provides for periodic certification of USEC by the NRC upon privatization. (Sec. 9) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment. (Sec. 10) 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. (Sec. 11) Extends to violations of certification requirements the current civil money penalties for violations of licensing requirements.

Bill· HRH.R. 1530 (104th)passed

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.

Bill· HRH.R. 1534 (104th)referred

To amend title 38, United States Code, to extend certain expiring authorities of the Department of Veterans Affairs, to authorize medical construction projects for that Department for fiscal year 1996, and for other purposes.

United States · United States Congress · 2 May 1995

Extends through December 31, 1997, the following authorities of the Department of Veterans Affairs: (1) the authority to provide outpatient services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service; (2) the authority to contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities (also extends a certain evaluation in connection with such treatment); (3) the authority to enter into agreements with States and nonprofit organizations for the provision of housing assistance for homeless veterans ( requires a report); (5) the Department's health professionals scholarship program (requires a report); (6) the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases of Department real property; (7) the authority under the Veterans' Benefits and Services Act of 1988 for a pilot program providing community-based residential care for homeless chronically mentally ill veterans; and (8) the Department's compensated work therapy and therapeutic transitional housing program. Extends through December 31, 1996, a pilot program for determining noninstitutional alternatives to veterans' nursing home care (requires a report). Repeals the authority of the Secretary to make contracts and grants for providing care and treatment for veterans at the Department's Veterans Memorial Medical Center in the Philippines. Authorizes the Secretary to carry out the Department's major medical facility projects and leases for which funds are requested in the President's FY 1996 budget and for which authorization is required. Authorizes FY 1996 appropriations to the Secretary for such projects and leases, with limitations.

Bill· SS. 727 (104th)open

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.

Bill· SS. 729 (104th)referred

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.

Bill· HRH.R. 1516 (104th)open

Balanced Budget Enforcement Act of 1995

United States · United States Congress · 7 April 1995

TABLE OF CONTENTS: Title I: Balancing the Budget Title II: Technical and Conforming Amendments Balanced Budget Enforcement Act of 1995 - Title I: Balancing the Budget - Part A: Purpose - Repeals parts C (Emergency Powers to Eliminate Deficits in Excess of Maximum Deficit Amount), D (Budgetary Treatment of Social Security Trust Funds), and E (Miscellaneous and Related Provisions) of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Part B: The Deficit Elimination Act of 1995 - Sets, for FY 1996 through 2002: (1) deficit reduction targets for direct spending and receipts legislation; and (2) discretionary funding limits, measured in terms of new budget authority. Permits adjustments, whenever appropriate, to discretionary funding limits to reflect the following: (1) changes in concepts; (2) changes in inflation; (3) expiring housing contracts; (4) emergencies; (5) new limits for 2002 and thereafter; and (6) transportation trust funds. Makes provisions: (1) for balancing the budget in 2002; and (2) preventing deficits after 2002. Provides for: (1) a spin-off law, if required, to balance the budget in 2002 and to prevent deficits after 2002; and (2) targeted sequestration if a spin-off law is in effect for a year on the date of the final sequestration report for that year. (Sec. 106) Establishes a scorecard for: (1) FY 1996 through 2002 upon which shall be entered the estimated increase or decrease in the deficit; (2) FY 2003 and thereafter upon which shall be entered the estimated increase or decrease in the deficit or surplus; and (3) years after 1996 upon which shall be entered the amount of discretionary appropriations. (Sec. 109) Provides that the amount to be sequestered: (1) for a budget year in which a spin-off law is not in effect shall be the amount (if any) by which the sum of all budget-year entries on the direct spending and receipts scorecard is greater than zero; and (2) if any, shall be increased whenever the average out-year change in direct spending and receipts, combined, achieved during that budget- year session would result in higher deficits than if that average change had equaled the amount targeted for the budget year, with that budget-year target being the amount that the sequestration preview report for the budget year shows was needed to bring the budget-year entries on the direct spending and receipts scorecard to zero. Provides that: (1) within 15 days after the Congress adjourns to end a session and on the same day as a sequestration, if any, under sec. 110 there shall be a sequestration to reduce the amount of receipts in the current policy baseline sum by the sum of the amounts specified in subsection (1) and (2), unless that sum is less than $500 million; and (2) the amount to be sequestered shall be achieved by reducing each non-exempt direct spending account by the uniform percentage necessary to achieve 80 percent of that sum and increasing receipts to achieve the other 20 percent of that sum through tax sequestration surtaxes as enacted under sec. 113 of this Act. (Sec. 110) Provides for an across-the-board reduction of discretionary programs , if there is a sequestration. (Sec. 111) Describes and lists programs and activities which shall be exempt from sequestration. (Sec. 112) Sets forth general and special sequestration rules, including provisions concerning sequestration and: (1) the non-jobs portion of AFDC; (2) the jobs portion of AFDC; (3) the Child Support Enforcement Program; (4) the Commodity Credit Corporation; (5) the Conservation Reserve Program; (6) extended unemployment compensation; (7) the Federal Employees Health Benefits Fund; (8) the Federal Housing Finance Board; (9) Federal pay; (10) Federal insurance programs; (11) Medicaid; (12) Medicare; (13) the Postal Service Fund; (14) power marketing administration funds and the TVA; and (15) veterans' housing loans. (Sec. 113) Amends the Internal Revenue Code to provide for the imposition of tax sequestration surtaxes on individuals and corporations. (Sec. 114) Requires both OMB and CBO to prepare both sequestration preview and final reports. Directs the Board of Estimates (established by sec. 119) to choose one of each of the reports as the official report. Directs the President, on the day that the Board chooses the final sequestration report, to issue an order fully implementing without change all required sequestrations and tax actions. (Sec. 115) Provides for the determination of the current policy baseline and the baseline assuming deficit reduction. (Sec. 117) Establishes in the Treasury a Stabilization Reserve Fund in order to accumulate balances during years of comparative prosperity, which balances may later be used to cover the loss of receipts and the increase in outlays that occur during times of comparative economic distress. (Sec. 118) Provides for the suspension of sequestration procedures: (1) upon the declaration of war; and (2) during periods of low economic growth. Sets forth procedures for the consideration of a low growth joint resolution by the Congress. (Sec. 119) Establishes a Board of Review to report to the President and the Congress concerning the selection of the OMB and CBO sequestration preview and final reports. (Sec. 120) Provides for expedited judicial review in the United States District Court for the District of Columbia for any Member of Congress or other individual seeking declaratory judgment and injunctive relief with respect to provisions of this Act. Permits review, by the Supreme Court, of any order of such court issued pursuant to provisions of the previous sentence. Title II: Technical and Conforming Amendments - Sets forth technical and conforming amendments to; (1) the Congressional Budget and Impoundment Act of 1974; (2) the Federal Credit Reform Act of 1990; (3) the Rules of the House of Representatives and the Standing Rules of the Senate; and (4) other Federal law provisions concerning, among other things, the President's budget and the public debt limit.

Bill· HRH.R. 1520 (104th)referred

1% for Culture Act of 1995

United States · United States Congress · 7 April 1995

1% For Culture Act of 1995 - Amends the National Foundation on the Arts and the Humanities Act of 1965. Renames such Act as the Arts, Humanities, and Museums Act of 1995. (Sec. 2) Provides for disposition to its Endowments of certain gifts to the National Foundation on the Arts and the Humanities, under title I of such Act. Considers gifts to the Foundation or one of its Endowments as gifts to the United States, for certain Federal tax purposes. Revises provisions for the Foundation's Endowments, separating them into a title II for the National Endowment for the Arts (NEA) and a title III for the National Endowment for the Humanities (NEH). Authorizes the NEA chairperson to establish and carry out a Challenge Program of grants to cultural organizations and institutions. Requires such Challenge funds to be matched in a ratio of at least three non-Federal dollars for every one Federal dollar. Extends the authorization of appropriations for the NEA, including the National Council on the Arts and the National Medal of Arts. Authorizes appropriations of additional amounts for Challenge Funds for the Challenge Program grants. Extends the authorization of appropriations for the NEH, including the National Council on the Humanities. Transfers from title IV of such Act provisions for Museum Services (these provisions are currently known as the Museum Services Act, which is repealed under this Act). Increases, from five to 15 percent of appropriations for such title, the maximum amount which the Director of the Institute of Museum Services (IMS) may use to enter into contracts and cooperative agreements to provide financial assistance to undertake projects designed to strengthen museum services. Revises provisions and extends the authorization of appropriations for such Museum Services, including the IMS and its Director and Museum Services Board. Establishes the American Cultural Trust Fund as a revolving fund in the Treasury, under title V of such Act. Provides for investments of monies appropriated to the Fund. Sets a trigger amount of aggregate proceeds deposited, with all subsequent accumulated proceeds to be distributed annually as follows: (1) 25 percent to the NEA; (2) 26 percent to the NEH; (3) four percent to the IMS; and (4) 45 percent to the Corporation for Public Broadcasting. Authorizes appropriations to the Fund, in amounts based on one percent of the difference between total budget outlays and budget outlays for gross interest on the public debt. Terminates such authorization of appropriations for the Fund for any fiscal year beginning on or after the date on which the Secretary of the Treasury first distributes the Fund's investment proceeds. Terminates for any fiscal year, as of the same date, any authorization of appropriations to the NEA, NEH, IMS, or Corporation for Public Broadcasting. Repeals the Museum Services Act.

Bill· HRH.R. 1510 (104th)open

Department of Energy Laboratories Efficiency Improvement Act

United States · United States Congress · 7 April 1995

Department of Energy Laboratories Efficiency Improvement Act - Prohibits the Department of Energy (DOE) from implementing Federal, State, and local environmental, safety, and health standards with respect to nondefense DOE laboratories. Requires the number of individuals employed at nondefense Government-owned, contractor-operated departmental laboratories to be reduced by one-third within ten years after enactment of this Act. Requires such reductions to be consistent with specified objectives. Requires the Secretary of Energy to transmit to the Congress a report that: (1) identifies the extent to which DOE and departmental laboratory staffs have been reduced; (2) explains the extent to which such reductions have been made consistent with the specified objectives; and (3) along with each presidential annual budget submitted, explains the extent to which such reductions have been made.

Bill· HRH.R. 1501 (104th)open

Student Loan Privatization Act of 1995

United States · United States Congress · 7 April 1995

TABLE OF CONTENTS: Title I: Reforms to Improve the Accuracy of the Federal Credit Reform Act with Respect to Budget Scoring the Cost of the Federal Direct Student Loan Program Title II: Phase-Out of the Federal Direct Student Loan Program Title III: Improvements to the Federal Family Education Loan Program Student Loan Privatization Act of 1995 - Title I: Reforms to Improve the Accuracy of the Federal Credit Reform Act with Respect to Budget Scoring the Cost of the Federal Direct Student Loan Program - Amends the Congressional Budget Act to revise its Federal Credit Reform Act provisions relating to budget accuracy of accounting for Federal costs associated with the Federal Direct Student Loan Program. Title II: Phase-Out of the Federal Direct Student Loan Program - Amends the Higher Education Act of 1965 (HEA) to direct the Secretary of Education to phase-out the Federal Direct Student Loan Program (FDSL) in a specified manner. Eliminates related requirements involving loan volume limits and administrative expenses for such program. Repeals HEA authority for such program as of the end of FY 1997. Title III: Improvements to the Federal Family Education Loan Program - Amends HEA to revise provisions under the Federal Family Education Loan Program (FFEL) relating to: (1) recovery of guaranty agency reserves; and (2) return to the Treasury of reserve funds returned or recovered by the Secretary. Terminates FDSL consolidation loan authority. Consolidates FDSL program loans under the FFEL program. Prohibits certain administrative funds from being expended to support public relations activities (by Department of Education employees or pursuant to contracts with the Department) or marketing of institutions to encourage participation in the FDSL program. Provides for sale of FDSL loan portfolios. Directs the Secretary to provide a copy of all reports and analyses prepared in connection with auctions, for purposes of such sales, to the Directors of the Congressional Budget Office and of the Office of Management and Budget. Requires all proceeds received as a result of such auctions to be returned to the Department of the Treasury after deduction of connected expenses incurred by the Department of Education.

Bill· HRH.R. 1498 (104th)referred

Federal Reserve Reform Act of 1995

United States · United States Congress · 7 April 1995

Federal Reserve Reform Act of 1995 - Amends the Federal Reserve Act to abolish the current Federal Open Market Committee, on which the Board of Governors of the Federal Reserve System (the Board) sits, and replace it with a Federal Open Market Advisory Committee, on which the Board does not sit, which shall advise the Board on the conduct of open-market operations. Requires the Board to meet and consult with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the chairman of the Council of Economic Advisers during specified periods. Revises the term of the Chairman of the Board to expire on January 31 of the first calendar year beginning after the end of the term of the President who appointed the Chairman. Provides for performance of the duties of Chairman and Vice Chairman in the event of absence, unavailability, or vacancy. Mandates that each Board-adopted change in the intermediate targets for monetary policy be disclosed to the public upon its date of adoption. Amends Federal law to: (1) instruct the Comptroller General to audit written communications by members of the Board or officers or employees of the Federal Reserve System with respect to financial transactions; and (2) mandate an annual transmittal to the President and the Congress of all estimated receipts and proposed expenditures of the Board and all Federal Reserve banks for the current year and the next two succeeding years.

Bill· HRH.R. 1429 (104th)referred

Veterans' Readjustment Counseling Service Amendments of 1995

United States · United States Congress · 6 April 1995

Veterans' Readjustment Counseling Service Amendments of 1995 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until the Secretary has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress. Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS. Increases from eight to nine the authorized number of Assistant Under Secretaries for Health. Directs the Secretary to furnish readjustment counseling to any veteran who: (1) served on active duty during the Vietnam era; or (2) served on active duty in a theater of combat during a period of war (currently, only after May 7, 1975) in any area in which hostilities occurred. Authorizes the Secretary to furnish such assistance to any other veteran upon request. Directs the Secretary to provide counseling to survivors and dependents of members of the armed forces killed while performing such duty. Allows the Secretary to provide such counseling to the survivors and dependents of other members killed during active duty or from a condition incurred in or aggravated by such service. Establishes in the Department the Advisory Committee on the Readjustment of Veterans to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary. Directs the Secretary to report to the congressional veterans' affairs committees: (1) a plan for the expansion of the Vietnam Veteran Resource Center program; and (2) on the feasibility and desirability of the collocation of Vet Centers and outpatient clinics of the Department as current leases for such centers and clinics expire. Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.

Bill· HRH.R. 1441 (104th)referred

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.

Bill· HRH.R. 1402 (104th)open

United States Peace Tax Fund Act

United States · United States Congress · 5 April 1995

United States Peace Tax Fund Act - Establishes the United States Peace Tax Fund to receive payments designated by qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record. Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining eligibility for such status. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to enactment of this Act if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record. Authorizes a portion of the Fund (corresponding to amounts expended for military purposes) to be appropriated each fiscal year for the following programs and activities: (1) the Special Supplemental Food Program for Women, Infants and Children (WIC); (2) Head Start; (3) the United States Institute of Peace; and (4) the Peace Corps.

Bill· HRH.R. 1409 (104th)referred

To provide for funding for Federal employee pay adjustments and comparability payments through reductions in agency spending on service contracts for fiscal year 1996.

United States · United States Congress · 5 April 1995

Reduces by $2 billion the amount of FY 1996 executive branch appropriations available for entering into service contracts and increases by the same amount the funds available for pay schedule adjustments and locality-based comparability payments. Requires: (1) the Director of the Office of Management and Budget to allocate the reductions and increases among the appropriate accounts and to report to the Congress on such allocations; (2) each department, agency, and instrumentality in the executive branch to submit to the Director, within 90 days after the end of FY 1996, a certification of compliance with this Act in accordance with the required allocations; and (3) the Director to report to the Congress on such certifications.

Bill· HRH.R. 1412 (104th)referred

To require the Director of the Office of Management and Budget to develop and implement a system for determining and reporting the number of individuals employed by non-Federal Government entities providing services under contracts awarded by executive branch agencies.

United States · United States Congress · 5 April 1995

Requires the Director of the Office of Management and Budget to: (1) develop and implement a system for determining the number of individuals employed by non-Federal entities providing services under service contracts awarded by executive branch agencies; and (2) report to the Congress annually on the number of such individuals and the number of individuals employed by non-Federal entities, in jobs comparable to those occupied by career Federal employees, providing such services.

Question· oralPQ 54asked

54 Mr. Cullen asked the Tánaiste and Minister for Foreign Affairs the net cost to the Irish Government if funding provided under the Lomé Convention was to be included in general EU budget policy in view of the fact that this is the preferred option of some EU member states; if he is opposed to such a move; and if he will make a statement on the matter. [4422/95]

Ireland · Dáil Éireann · 4 April 1995

54 Mr. Cullen asked the Tánaiste and Minister for Foreign Affairs the net cost to the Irish Government if funding provided under the Lomé Convention was to be included in general EU budget policy in view of the fact that this is the preferred option of some EU member states; if he is opposed to such a move; and if he will make a statement on the matter. [4422/95]

Question· oralPQ 21asked

54 Mr. Cullen asked the Tánaiste and Minister for Foreign Affairs the net cost to the Irish Government if funding provided under the Lomé Convention was to be included in general EU budget policy in view of the fact that this is the preferred option of some EU member states; if he is opposed to such a move; and if he will make a statement on the matter. [4422/95]

Ireland · Dáil Éireann · 4 April 1995

54 Mr. Cullen asked the Tánaiste and Minister for Foreign Affairs the net cost to the Irish Government if funding provided under the Lomé Convention was to be included in general EU budget policy in view of the fact that this is the preferred option of some EU member states; if he is opposed to such a move; and if he will make a statement on the matter. [4422/95]

Question· oralPQ 20asked

24 Mr. Cullen asked the Tánaiste and Minister for Foreign Affairs if the attempts by some EU member states to have funding provided under the Lomé Convention included in the general EU budget will be successfully resisted; and if he will make a statement on the matter. [3764/95]

Ireland · Dáil Éireann · 4 April 1995

24 Mr. Cullen asked the Tánaiste and Minister for Foreign Affairs if the attempts by some EU member states to have funding provided under the Lomé Convention included in the general EU budget will be successfully resisted; and if he will make a statement on the matter. [3764/95]

Bill· SS. 663 (104th)referred

Federal Reserve Reform Act of 1995

United States · United States Congress · 4 April 1995

Federal Reserve Reform Act of 1995 - Amends the Federal Reserve Act to abolish the current Federal Open Market Committee, on which the Board of Governors of the Federal Reserve System (the Board) sits, and replace it with a Federal Open Market Advisory Committee, on which the Board does not sit, which shall advise the Board on the conduct of open-market operations. Requires the Board to meet and consult with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the chairman of the Council of Economic Advisers during specified periods. Revises the term of the Chairman of the Board to expire on January 31 of the first calendar year beginning after the end of the term of the President who appointed the Chairman. Provides for performance of the duties of Chairman and Vice Chairman in the event of absence, unavailability, or vacancy. Mandates that each Board-adopted change in the intermediate targets for monetary policy be disclosed to the public upon its date of adoption. Amends Federal law to: (1) instruct the Comptroller General to audit written communications by members of the Board or officers or employees of the Federal Reserve System with respect to financial transactions; and (2) mandate an annual transmittal to the President and the Congress of all estimated receipts and proposed expenditures of the Board and all Federal Reserve banks for the current year and the next two succeeding years.

Bill· HRH.R. 1387 (104th)referred

Tax Expenditure Control Act of 1995

United States · United States Congress · 4 April 1995

Tax Expenditure Control Act of 1995 - Amends the Congressional Budget Act of 1974 to require the concurrent resolution on the budget to include appropriate levels for tax expenditures. Requires tax expenditure analysis in the report accompanying such resolution. Requires reconciliation directives in such resolution to include changes in tax expenditures. Requires the Congressional Budget Office report to congressional budget committees with respect to fiscal policy to include a discussion of alternative ways of allocating new tax expenditures.

Bill· HRH.R. 1391 (104th)open

To amend section 4358(c) of the Omnibus Budget Reconciliation Act of 1990 to permit medicare select policies to be offered in all States on an extended basis.

United States · United States Congress · 4 April 1995

Amends the Omnibus Budget Reconciliation Act of 1990 to permit Medicare select policies to be offered in all States, at State option, for an extended period of eight-and-a-half (instead of only three-and-a-half) years beginning with 1992. Directs the Secretary of Health and Human Services to: (1) conduct a study that compares the health care costs, quality of care, and access to services under Medicare select policies with those under other Medicare supplemental policies; and (2) determine during 1999 whether the amendments made by this Act shall remain in effect beyond such extended period. Declares that such amendments shall remain in effect beyond the extended period unless the Secretary determines, based on the study, that as a result of such amendments: (1) there have been no savings in premium costs to select enrollees as compared to their enrollment in Medicare supplemental policies with comparable coverage which are not Medicare select policies; (2) there have been significant additional expenditures under the Medicare program; or (3) access to and quality of care have been significantly diminished.

Bill· HRH.R. 1383 (104th)referred

To amend the formula for determining the Official Mail Allowance for Members of the House of Representatives, and to require that unobligated funds in the Official Mail Allowance of Members be used to reduce the Federal deficit.

United States · United States Congress · 4 April 1995

Amends the Legislative Branch Appropriations Act, 1991 to revise the formula for the official mail allowance for Members of the House of Representatives (thereby reducing the amount allowed) for the second session of the 104th Congress, the first session of the 105th Congress, and each session thereafter. Requires any unobligated funds remaining in a Member's official mail allowance at the end of the period of time for which they are available for obligation to be deposited into the Treasury and applied toward reducing the Federal budget deficit.

Law· HRH.R. 1345 (104th)enacted

District of Columbia Financial Responsibility and Management Assistance Act of 1995

United States · United States Congress · 29 March 1995

TABLE OF CONTENTS: Title I: Establishment and Organization of Authority Title II: Responsibilities of Authority Subtitle A: Establishment and Enforcement of Financial Plan and Budget for District Government Subtitle B: Issuance of Bonds Subtitle C: Other Duties of Authority Title III: Miscellaneous Provisions District of Columbia Financial Responsibility and Management Assistance Act of 1995 - Title I: Establishment and Organization of Authority - Establishes the District of Columbia Financial Responsibility and Management Assistance Authority as an entity within the District of Columbia government. (Sec. 102) Authorizes Federal employees who become employed by the Authority within two months of separation from Federal service to have their Authority service treated as comparable to Federal service with respect to the Federal retirement system. Makes employees who elect the Federal system ineligible to participate in the District government retirement system. (Sec. 103) Authorizes the Authority, notwithstanding the Freedom of Information Act and the Government in the Sunshine Act, to secure information necessary to carry out this Act from Federal agencies. Permits the Authority to seek judicial enforcement of its authority to carry out its responsibilities under this Act. Makes District employees who violate Authority orders or present or certify false or misleading information guilty of a misdemeanor as well as subject to administrative discipline. (Sec. 104) Exempts the Authority from liability for obligations of or claims against the District resulting from actions taken to carry out this Act. (Sec. 105) Requires actions against the Authority to be brought in the U.S. District Court for the District. Provides for expedited consideration of such actions in the courts involved. (Sec. 106) Requires the Authority to submit a proposed budget for each fiscal year to the President for inclusion in the annual budget for the District. Prohibits any amount from being obligated or expended by the Authority unless such amount has been approved by an Act of the Congress. Directs the Authority, as soon as practicable after the appointment of its members, to submit to the Mayor of the District and the President a request for reprogramming of funds previously appropriated for the District for auditing and consulting services and a description of anticipated Authority expenditures for FY 1995. Requires the Mayor to transfer such funds to the Authority for its activities. (Sec. 107) Suspends the Authority's activities upon the expiration of the 12-month period beginning on the date the Authority certifies that all obligations arising from the issuance by the Authority of bonds, notes, or other obligations have been discharged and all borrowings for short-term advances from the Treasury have been repaid. Reactivates the Authority upon initiation of a control period (as described by section 209) by the Appropriations Committees. (Sec. 108) Applies provisions of specified laws regarding open meetings, freedom of information, and conflict of interest to the Authority. Prohibits the District Mayor and the Council from exercising any control, oversight, or review over the Authority. Amends the District of Columbia Self-Government and Governmental Reorganization Act to bar the Council from enacting any act, resolution, or rule with respect to the Authority. Title II: Responsibilities of Authority - Subtitle A: Establishment and Enforcement of Financial Plan and Budget for District Government - Directs the Mayor, for each fiscal year for which the District government is in a control period, to submit a financial plan and budget for the District to the Authority. Lists requirements for the financial plan and budget, including that they be submitted for the applicable fiscal year and next three fiscal years and that they meet standards to promote the financial stability of the District government. Describes such standards as follows: (1) in the case of the financial plan and budget for FY 1996, the District's expenditures for each fiscal year (beginning with FY 1999) may not exceed the District's revenues for such year; (2) during FY 1996 through 1998, the government shall make substantial progress towards equalizing its expenditures and revenues; (3) the government shall provide for the liquidation of the cumulative fund balance deficit; (4) if funds in government accounts dedicated for specific purposes have been withdrawn for other purposes, the government shall fully restore the funds to such accounts; and (5) the financial plan and budget shall assure the continuing long-term financial stability of the government. Repeals a provision of the District of Columbia Appropriations Act, 1995 that requires the District to place portions of Federal payments in escrow to enforce certain spending reductions. (Sec. 202) Sets forth the process for the submission and approval of the financial plan and budget. Provides for review of the financial plan and budget by the Authority. Authorizes the Mayor to submit proposed revisions to the financial plan and budget for a control year (a year in which a financial plan and budget approved by the Authority is in effect) to the Authority at any time during the year. Makes certain requirements under the District of Columbia Self-Government and Governmental Reorganization Act which bar the approval and submission of an unbalanced budget inapplicable in fiscal years which are control years. Permits the separation of employees in the implementation of a financial plan and budget approved under this Act. (Sec. 203) Requires the Council to submit each Act passed by the Council during a control year, together with an estimate of costs to be incurred by the District during the first four years in which the Act is effective, to the Authority. Directs the Authority to review the Act to determine consistency with the approved financial plan and budget and, if consistent, provides for submission of the Act to the Congress for review. Sets forth review and approval procedures with respect to contracts and leases. Directs the Mayor to submit any requests for the reprogramming of amounts provided in an adopted budget for a control year to the Authority for analysis of effects on the financial plan and budget. Prohibits the Council from carrying out such reprogramming until the Authority has provided such analysis. (Sec. 204) Bars the District from borrowing money during a control year unless the Authority provides prior certification that the borrowing and the repayment of obligations are consistent with the financial plan and budget. Applies this section to any borrowing, including borrowing through the issuance of bonds and the authority to obtain funds from the Treasury. Authorizes the District, without prior Authority approval, to requisition advances from the Treasury during a specified period following appointment of Authority members. Amends the District of Columbia Revenue Act of 1939 to set forth provisions and conditions regarding short-term advances from the Treasury to the District for meeting its general expenditures. Directs the Secretary of the Treasury to require the District to provide security for such advances, including a pledge of specific taxes and revenues and a debt service reserve fund. Sets forth remedies for the District's failure to reimburse the Treasury for advances, including the withholding of annual Federal payments or Federal grants, entitlements, loans, or other payments (other than entitlement or benefit payments to individuals) and the attachment of District revenues. Prohibits the Mayor from requisitioning Treasury advances if the Mayor or the Council has an action pending against the Authority. (Sec. 205) Requires the Secretary, in a control year, to deposit the annual Federal payment to the District into an escrow account held by the Authority which shall allocate funds to the Mayor in accordance with terms appropriate to the implementation of the financial plan. Gives priority to using the payment for cash flow management and the payment of outstanding bills owed by the District. (Sec. 206) Provides for withholding of Federal payments and funding for other Federal programs for the District if the Authority finds that the District's revenues and expenditures during a control year are inconsistent with the financial plan and budget. (Sec. 207) Authorizes the Authority to submit recommendations on actions the District government or the Federal Government may take to ensure compliance with a financial plan and budget or to promote the financial stability, management responsibility, and service delivery efficiency of the District government. Sets forth requirements for the implementation of adopted recommendations. (Sec. 208) Sets forth special procedures for the review and submission of the budget and financial plan for FY 1996. (Sec. 209) Declares that a control period is initiated upon the occurrence of any of the following events: (1) the requisitioning by the Mayor of Treasury advances for the support of the District or the existence of any unreimbursed amounts obtained pursuant to such authority; (2) the failure of the District to provide sufficient revenue to a debt service reserve fund of the Authority; (3) the default by the District with respect to loans, bonds, notes, or other forms of borrowing; (4) the failure of the District to meet its payroll for any pay period; (5) the existence of a cash deficit of the District at the end of any quarter of the fiscal year in excess of the difference between the District's estimated revenues and expenditures during the remainder of the fiscal year or such remainder together with the first six months of the succeeding fiscal year; or (6) the failure of the District to make required payments relating to pensions and benefits for current and former employees or to any entity established under an interstate compact to which the District is a signatory. Terminates a control period upon certification by the Authority that: (1) the District has adequate access to short- and long-term credit markets at reasonable interest rates to meet its borrowing needs; and (2) for four consecutive fiscal years, the District's expenditures did not exceed its revenues. Deems a control period to exist upon this Act's enactment date. Subtitle B: Issuance of Bonds - Authorizes the Authority, at the request of the Mayor pursuant to an act of the Council, to issue bonds, notes, or other obligations to borrow funds to obtain funds for the District's use. Permits the Authority to issue such obligations for the use of District agencies with independent borrowing authority. Provides for the deposit of borrowed funds into an escrow account and requires the Authority to allocate such funds to the District. (Sec. 212) Authorizes the Authority to pledge or grant a security interest in revenues to individuals or entities purchasing bonds, notes, or other obligations issued pursuant to this subtitle. Directs the Authority to require the Mayor to: (1) pledge or direct taxes or other revenues payable to the District to the Authority for purposes of securing repayments of such obligations; and (2) transfer the proceeds of any tax levied for purposes of securing such obligations to the Authority immediately upon collection. (Sec. 213) Requires the Authority to establish a debt service reserve fund as a condition for the issuance of such obligations. Permits amounts in the fund to be used solely for the payment of principal of bonds secured by such fund, the purchase or redemption of bonds, the payment of interest on bonds, or the payment of any redemption premium required to be paid when such bonds and notes are redeemed prior to maturity. Sets forth restrictions on withdrawals and issuance of obligations from the fund to prohibit the fund from falling below a minimum reserve requirement. (Sec. 215) Exempts the United States from liability for the payment of principal or interest on any obligation issued pursuant to this subtitle. Subtitle C: Other Duties of Authority - Lists duties of the Authority beginning on the termination of a control period and ending with the suspension of its activities, including review of District budgets, reporting budget analyses, monitoring and reporting on the District's financial status, and carrying out activities with respect to outstanding obligations. Requires the Mayor to submit budgets for fiscal years which are not control years to the President and the Authority. (Sec. 222) Permits the Authority to undertake cooperative efforts to assist the District government in achieving financial stability and management efficiency. Sets forth miscellaneous reporting requirements. Title III: Miscellaneous Provisions - Includes within the definition of "District revenues" under the District of Columbia Self-Government and Governmental Reorganization Act grants and other financial assistance and any funds administered by the District under cost sharing arrangements. Prohibits reprogramming of amounts in an adopted budget unless the Mayor requests reprogramming from the Council and additional expenditures provided under the request are offset by reductions in expenditures for another activity. Extends the authorization of appropriations for the annual Federal payment to the District through FY 1999. (Sec. 302) Establishes within the executive branch of the District government an Office of the Chief Financial Officer of the District of Columbia. Includes the Office of the Treasurer within the Office. Transfers the functions and personnel of the District Controller, Office of the Budget, Office of Financial Information Services, and Department of Finance and Revenue to the Office. Sets forth duties of the Chief Financial Officer and the Treasurer. Repeals provisions that establish the Office of Financial Management and list the duties of the Treasurer. (Sec. 303) Amends the District of Columbia Procurement Practices Act of 1985 to revise provisions regarding the appointment and duties of the District Inspector General, including to extend the term of office to six years. (Sec. 304) Bars the making of any contract involving expenditures exceeding $1 million in a 12-month period unless the contract is approved by the Council.

Law· SS. 640 (104th)enacted

Water Resources Development Act of 1996

United States · United States Congress · 28 March 1995

TABLE OF CONTENTS: Title I: Water Resources Projects Title II: Project-Related Provisions Title III: General Provisions Water Resources Development Act of 1995 - Title I: Water Resources Projects - Authorizes specified projects throughout the United States for storm damage reduction, flood control, navigation, shoreline erosion protection, hydropower, and bluff stabilization, providing a total cost limit in each case and, in most cases, the estimated Federal and non-Federal share of such cost. Modifies specified projects authorized under previous water resources development Acts. (Sec. 103) Deauthorizes portions of specified water resources development projects (projects). (Sec. 104) Directs the Secretary of the Army to carry out or review certain studies for flood control, navigation, wildlife habitat improvement, and other projects. Title II: Project-Related Provisions - Directs the Secretary to accept certain in-kind contributions for the project at Morgan Point, Arkansas. (Sec. 202) Requires the project for flood control and power generation at White River Basin Lakes, Arkansas and Missouri, to include recreation and fish and wildlife mitigation within project purposes to the extent they do not adversely affect existing project purposes. (Sec. 203) Directs the Secretary to carry out the construction of a turbine bypass at Pine Flat Dam, Kings River, California. (Sec. 204) Modifies the project for Central and Southern Florida to authorize the Secretary to implement a plan of improvement contained in a certain report, at a specified total cost. Provides the Federal share of various costs under the project. (Sec. 205) Modifies the project for flood protection of West Palm Beach, Florida, to provide for the construction of an enlarged stormwater retention area in accordance with a plan of improvement for such project. Requires the additional work authorized under the project to be accomplished at full Federal cost. (Sec. 206) Deems the Greenville Inner Harbor Channel, Mississippi, to be a portion of the navigable waters of the United States, and therefore included among the navigable waters for which the Army Corps of Engineers (Corps) maintains a ten-foot navigable channel. (Sec. 207) Directs the Secretary to work cooperatively with Mississippi and the city of Sardis in the management of existing and proposed land leases for the economic development of Sardis Lake, Mississippi. (Sec. 208) Directs the Secretary to undertake certain construction activities at Libby Dam, Montana. Authorizes appropriations. (Sec. 209) Authorizes the Secretary to expend Federal funds as necessary to complete the small flood control project at Malta, Montana. (Sec. 210) Directs the Secretary to provide periodic beach nourishment for Cliffwood Beach, New Jersey, for a 50-year period. Places at 35 percent the non-Federal share of such cost. (Sec. 211) Directs the Secretary to place sand dredged from the Fire Island Inlet, New York, on a specified shoreline in Suffolk County, New York. (Sec. 212) Directs the Secretary to maintain a specified minimum conservation pool level at the Wister Lake project in LeFlore County, Oklahoma. (Sec. 213) Amends the Water Resources Development Act of 1992 to direct the Secretary to remove a sunken barge from waters offshore of the Narragansett Town Beach in Narragansett, Rhode Island, at a specified total cost. (Sec. 214) Directs the Secretary to incorporate a specified water channel into the navigation project for Providence River and Harbor, Rhode Island. (Sec. 215) Requires Federal participation in the maintenance of the Rudee Inlet in Virginia Beach, Virginia, to continue for the life of the project. (Sec. 216) Amends the Water Resources Development Act of 1990 to direct the Secretary to budget for FY 1996 specified funds to be paid to Virginia Beach, Virginia, for certain beach nourishment activities undertaken by the city from 1986 through 1993. Title III: General Provisions - Amends the Water Resources Development Act of 1986 to set at 25 percent the non-Federal share of environmental protection and restoration project costs under such Act. (Sec. 302) Amends the Water Resources Development Act of 1988 to require the Secretary to provide appropriate protections for a specified period against the dissemination of information developed as a result of a research or development activity conducted by the Corps that is likely to be subject to a cooperative research and development (R&D) agreement within two years after its development and which would be considered a trade secret or privileged or confidential information if obtained from a non-Federal party participating in a cooperative R&D agreement under the Stevenson-Wydler Technology Innovation Act of 1980. (Sec. 303) Makes permanent (currently ends after FY 1994) the authorization of appropriations for maintaining and periodically updating information relating to a national inventory of dams. (Sec. 304) Authorizes the Secretary, after making specified determinations, to take necessary actions to increase the efficiency of energy production or the capacity, or both, of a hydroelectric power generating facility of a project. (Sec. 305) Authorizes the Secretary to make lump-sum payments of the Federal share of the operation and maintenance (O&M) costs of a Corps project for which the non-Federal interests are responsible for performing the project's operation, maintenance, replacement, and rehabilitation. Requires, before such payments may be made, a binding agreement under which the non-Federal interests agree to perform such functions. (Sec. 306) Requires any proposal submitted to the Congress by the Secretary for the modification of an existing project requiring the removal of one or more project features that would significantly and adversely impact authorized project purposes or outputs to include the recommendation that the non-Federal interests provide 50 percent of the cost of such modification, including the cost of acquiring additional land for such modification. (Sec. 307) Amends the Water Resources Development Act of: (1) 1990 to terminate a technical advisory committee established under such Act to provide recommendations with respect to reservoir management; and (2) 1986 to add project planning and design information to a list of information required to be submitted to certain officials with respect to projects deauthorized under such Act. (Sec. 309) Amends the Flood Control Act of 1950 to repeal a provision authorizing the Secretary to allot certain funds for Corps participation in international engineering and scientific conferences. (Sec. 310) Authorizes the Secretary, in carrying out R&D in support of the Army civil works program, to utilize contracts and cooperative R&D agreements with, and grants to, non-Federal entities. Requires such agreements to have or use the potential for commercial application. (Sec. 311) Authorizes the Secretary to engage in activities in support of other Federal agencies or international organizations to address problems of national significance. Provides funding. (Sec. 312) Amends the Water Resources Development Act of 1986 to: (1) authorize the Secretary to determine if the operation of a project has contributed to the degradation of environmental quality; (2) repeal provisions limiting the non-Federal share of a project modification, as well as the total cost of an environmental improvement project modification without specific congressional authorization; and (3) authorize the Secretary to carry out environmental restoration measures upon a positive determination of environmental degradation, providing funding for such measures. (Sec. 313) Amends the Water Resources Development Act of: (1) 1990 to repeal a specified termination date with respect to the Secretary's authority to remove contaminated sediments as part of the O&M of a navigation project; and (2) 1986 to limit to 50 percent the non-Federal share of the estimate of the cost of feasibility studies undertaken under such Act. (Sec. 315) Amends the Act commonly referred to as the River and Harbor Act of 1899 to: (1) increase the fines for the wrongful deposit of refuse; and (2) require the owner of a vessel which is blocking navigation in any navigable U.S. waters, within 24 hours after an order to stop or delay navigation there due to such blockage, to begin removal of the vessel using the most expeditious means available. (Sec. 316) Amends Federal flood control provisions to direct the Secretary to prepare and provide to appropriate non-Federal interests a manual describing the maintenance and upkeep responsibilities that the Corps requires of a non-Federal interest in order to receive financial assistance under such Act. Authorizes appropriations. (Sec. 317) Directs the Secretary to obtain the services of an independent consultant in order to receive a risk-based analysis relating to certain aspects of flood damage reduction studies, minimum engineering and safety standards, and policy changes necessitated by such studies. Directs the Secretary to establish a task force to oversee and review the analysis. Terminates the task force two years after enactment of this Act. Limits the risk-based techniques to be used under the studies. Authorizes appropriations. (Sec. 318) Amends the Water Resources Development Act of 1992 to: (1) provide a goal, and require an annual report to the Congress, with respect to a sediments decontamination technology project under such Act; and (2) increase after FY 1995 the authorization of appropriations for such project. (Sec. 319) Amends the River and Harbor Act of 1958 to include the control and eradication of the melaleuca tree within a program for the control of aquatic plant growths. (Sec. 320) Directs the Secretary to design and construct shoreline protection measures for the coastline adjacent to Faulkner Island Lighthouse, Connecticut, at a specified total cost. (Sec. 321) Designates lock and dam four on the Red River Waterway, Louisiana, as the Russell B. Long Lock and Dam. (Sec. 322) Directs the Secretary to transfer a specified sum to Maryland for use in constructing an access road to the William Jennings Randolph Lake in Garrett County, Maryland. (Sec. 323) Directs the Secretary to enter into necessary arrangements, contracts, and leases for purposes of the rehabilitation, renovation, preservation, and maintenance of the New York State canal system and related facilities. Provides estimated Federal and non-Federal shares of the cost of such improvements. (Sec. 324) Directs the Secretary to replace a certain bulkhead at the Quonset Point-Davisville Industrial Park in Rhode Island, at a specified total cost. (Sec. 325) Authorizes the Corps Chief of Engineers to modernize the Washington Aqueduct in the metropolitan Washington, D.C. area. Authorizes appropriations. Authorizes the Chief to enter into contracts with public water supply customers under which the customer repays a pro rata share of the principal and interest of the Corps debt for such modernization. Provides contract conditions and borrowing authority. (Sec. 326) Directs the Secretary to establish a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed. Requires any project receiving such assistance to be publicly owned, operated and maintained. Requires local cooperation agreements with non-Federal interests before the provision of such assistance. Places at 75 percent the Federal share of total project costs. Prohibits the provision of such assistance from affecting the applicability of other Federal and State laws and agreements that would otherwise apply to a project. Requires the Secretary to establish at least one project for the receipt of such assistance in each of Maryland, Virginia, and Pennsylvania. Requires a report on program results. Authorizes appropriations for FY 1996. (Sec. 327) Makes technical corrections to the Water Resources Development Act of 1992.

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