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Bill· HRH.R. 1563 (104th)open
United States · United States Congress · 3 May 1995
TABLE OF CONTENTS: Division C: Foreign Assistance Authorizations Title XXXI (sic): Defense and Security Assistance Chapter 1: Military and Related Assistance Chapter 2: International Military Education and Training Chapter 3: Antiterrorism Assistance Chapter 4: Narcotics Control Assistance Chapter 5: Nonproliferation and Disarmament Fund Chapter 6: Other Provisions Title XXXII: Economic Assistance Chapter 1: Economic Support Assistance Chapter 2: Assistance for Private Sector Programs and Activities Chapter 3: Development Assistance Chapter 4: Public Law 480 Chapter 5: Housing Guarantee Program Chapter 6: Peace Corps Chapter 7: International Disaster Assistance Chapter 8: Other Provisions Title XXXIII: Regional Provisions Title XXXIV: Special Authorities and Other Provisions Chapter 1: Special Authorities Chapter 2: Other Provisions Chapter 3: Repeals Title XXXV: Effective Date Division C: Foreign Assistance Authorizations - Foreign Aid Reduction Act of 1995 - Title XXXI (sic): Defense and Security Assistance - Chapter 1: Military and Related Assistance - Authorizes appropriations for the foreign military financing program under the Arms Export Control Act for FY 1996 and 1997. Earmarks amounts of assistance for Israel, Egypt, Greece, Turkey, the Czech Republic, Hungary, and Poland. (Sec. 3121) Amends the Foreign Assistance Act of 1961 to increase the aggregate value of defense articles and services that may be drawn down under emergency circumstances. Revises authorities with respect to drawdowns for non-military assistance purposes. (Sec. 3122) Limits the value of additions to stockpiles in foreign countries in FY 1996 and 1997. Makes amounts available for such stockpiles in South Korea and Thailand. (Sec. 3123) Revises conditions on the transfer of excess defense articles and repeals specified provisions of existing law regarding such transfers. Chapter 2: International Military Education and Training - Authorizes appropriations for international military education and training for FY 1996 and 1997. Permits such assistance to Indonesia only for specified military education and training for civilian personnel. (Sec. 3143) Authorizes the attendance without charge of foreign military and civilian defense personnel at test flight pilot schools in the United States pursuant to agreements providing for the exchange of students between U.S. and comparable foreign pilot schools. Chapter 3: Antiterrorism Assistance - Authorizes appropriations for FY 1996 and 1997 for antiterrorism assistance. (Sec. 3152) Repeals provisions that require certain congressional notifications and reports regarding antiterrorism assistance. Chapter 4: Narcotics Control Assistance - Authorizes the President to accept contributions from foreign governments to carry out international narcotics control activities. Repeals specified reporting and certification requirements with respect to international narcotics control currently applicable to years after FY 1995 and applies FY 1995 reporting and certification requirements to such years. (Sec. 3164) Permits international narcotics-related assistance to be provided notwithstanding any law (with specified exceptions) that restricts assistance to foreign countries if the President notifies the appropriate congressional committees in advance. Chapter 5: Nonproliferation and Disarmament Fund - Authorizes appropriations for FY 1996 and 1997 for a nonproliferation and disarmament fund established under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992. Chapter 6: Other Provisions - Amends the Arms Export Control Act to revise congressional review procedures with respect to specified arms transfers. (Sec. 3182) Provides that presidential consent shall not be required for the transfer by a foreign country or international organization of defense articles sold by the United States if specified conditions are met. (Sec. 3184) Repeals specified reporting requirements with respect to price and availability estimates relating to proposed sales, and acquisitions, of defense articles or services. (Sec. 3188) Designates Australia, Egypt, Israel, Japan, South Korea, and New Zealand as major non-North Atlantic Treaty Organization (NATO) allies. (Sec. 3189) Raises the threshold on amounts of defense articles and services that trigger certification requirements prior to transfer. (Sec. 3191) Prohibits funds from being available to facilitate the sale of M-833 antitank shells or shells containing a depleted uranium penetrating component to any country other than a NATO member country, a major non-NATO ally, or Taiwan. Subjects such prohibition to a national security interest waiver. Title XXXII: Economic Assistance - Chapter 1: Economic Support Assistance - Authorizes appropriations for FY 1996 and 1997 for economic support fund (ESF) assistance. Earmarks amounts for Israel, Egypt, the International Fund for Ireland, and law enforcement assistance. Chapter 2: Assistance for Private Sector Programs and Activities - Authorizes the President to provide funds and support to private sector enterprise funds for countries eligible to receive development assistance on the same basis as such funds and support are provided to Enterprise Funds for Poland and Hungary under the Support for East European Democracy (SEED) Act of 1989. Makes development and ESF assistance available for such funds. (Sec. 3212) Authorizes the President to provide funds and support to Enterprise Funds that are or have been established for purposes of promoting private sector development of countries in the Trans- Caucasus region. (Sec. 3213) Replaces provisions regarding the Private Sector Revolving Fund with provisions authorizing credit and training to micro- and small enterprises. Authorizes appropriations for FY 1996 and 1997 for such purposes. (Sec. 3214) Authorizes grant assistance to microenterprises in developing countries. Chapter 3: Development Assistance - Authorizes appropriations for FY 1996 and 1997 for specified development assistance, including: (1) the Development Fund for Africa; (2) assistance for the independent states of the former Soviet Union (independent states); (3) assistance for Eastern Europe and the Baltic states; (4) the Inter-American Foundation; and (5) the African Development Foundation. (Sec. 3222) Prohibits development assistance for voluntary population planning from being made available for organizations that support or participate in coercive abortions or involuntary sterilizations. (Sec. 3223) Makes ineligible for assistance (except humanitarian assistance or assistance for democratic political reform) any independent state that directs any action in violation of territorial integrity or national sovereignty of any other independent state. Prohibits assistance for purposes of enhancing the military capability of any independent state, with exceptions. Bars assistance to the Government of Russia if such government: (1) is not making progress in implementing comprehensive economic reforms based on market principles; and (2) applies or transfers assistance to any entity for purposes of expropriating or seizing ownership or control of assets, investments, or ventures. Provides for a permanent waiver of certain provisions of law with respect to assistance to the independent states. (Currently, such waiver is only applicable with respect to FY 1993 assistance.) (Sec. 3224) Requires the President to report to the Congress every three years on the impact and effectiveness of development assistance on a country-by-country basis. (Sec. 3231) Authorizes appropriations for FY 1996 and 1997 for operating expenses of the agency primarily responsible for administering development assistance and for such agency's office of inspector general. Chapter 4: Public Law 480 - Authorizes appropriations for FY 1996 and 1997 for the provision of agricultural commodities under title II of the Agricultural Trade Development and Assistance Act of 1954. Prohibits funding for providing such commodities under title III of such Act. Chapter 5: Housing Guarantee Program - Authorizes appropriations for FY 1996 and 1997 for administrative expenses to carry out worldwide shelter guaranteed loan programs. Chapter 6: Peace Corps - Authorizes appropriations for FY 1996 and 1997 to carry out the Peace Corps Act. Earmarks a maximum amount for Peace Corps activities in the independent states. (Sec. 3263) Prohibits the use of Peace Corps funds for abortions. Chapter 7: International Disaster Assistance - Authorizes the President to provide international reconstruction assistance. Authorizes appropriations for FY 1996 and 1997 for international disaster assistance. Chapter 8: Other Provisions - Prohibits funds under the Foreign Assistance Act of 1961 from being available to private and voluntary organizations which: (1) fail to provide documents to meet auditing requirements of the agency primarily responsible for administering development assistance; or (2) are not registered with such agency. (Sec. 3284) Withholds from obligation an amount equivalent to 110 percent of the total unpaid fully adjudicated parking fines owed to the District of Columbia, Virginia, Maryland, and New York by the government of a foreign country in a fiscal year until the Secretary of State certifies to the appropriate congressional committees that such fines are fully paid. Title XXXIII: Regional Provisions - Prohibits foreign assistance to any foreign government that has provided economic assistance to or engaged in nonmarket-based trade with the Government of Cuba. Waives such prohibition under specified conditions. (Sec. 3302) Permits development or ESF assistance for FY 1996 and 1997 to be made available to Nicaragua only if the Secretary of State certifies to the appropriate congressional committees that specified conditions regarding investigations of weapons caches and certain murders, prosecution of those involved in international terrorist or kidnapping rings, expropriation of U.S. property, civilian control over the military and police, and reforms in the judicial system have been met. (Sec. 3303) Makes Panama eligible to purchase defense articles and services under the Arms Export Control Act. Expresses the sense of the Congress that the President should negotiate a new base rights agreement with the Government of Panama. (Sec. 3305) Sets forth U.S. policy with respect to free passage through, and claims to territory in, the South China Sea. (Sec. 3306) Prohibits ESF, international military education and training, foreign military financing, and development assistance to the Government of Zaire for FY 1996 and 1997. Title XXXIV: Special Authorities and Other Provisions - Chapter 1: Special Authorities - Increases the amount authorized to be transferred between specified accounts under the Foreign Assistance Act of 1961 and the Arms Export Control Act. (Sec. 3402) Authorizes the President, in order to provide for unanticipated contingencies in programs for which funds are provided under the Foreign Assistance Act of 1961, to use funds made available to carry out any provision of such Act for purposes of providing assistance authorized by other provisions. Repeals current provisions regarding contingencies and raises the ceiling on the amount provided for such authority. (Sec. 3403) Revises special authority provisions to authorize the President to provide assistance and loans under foreign assistance laws and the Arms Export Control Act, notwithstanding laws restricting such assistance, if to do so is vital to national interests. Retains specified annual ceilings with respect to such waivers and raises country limits. (Sec. 3404) Authorizes the President, for purposes of making an equitable settlement of termination claims under extraordinary contractual relief standards, to adopt as a contract or other obligation of the U.S. Government and assume any liabilities arising thereunder, any contract with a U.S. or third-country contractor to carry out any program of foreign assistance that was subsequently terminated. Chapter 2: Other Provisions - Prohibits funds made available to carry out the Foreign Assistance Act of 1961 or the Arms Export Control Act from being provided to any foreign government engaged in intelligence activities harmful to U.S. national security. (Sec. 3413) Authorizes the President to reduce amounts owed to the U.S. Government as a result of loans or guarantees issued under the Foreign Assistance Act of 1961 or credits or guarantees extended under the Arms Export Control Act. Makes eligible for such debt reduction countries with a heavy debt burden that are eligible to borrow from the International Development Association but not from the International Bank for Reconstruction and Development and countries that meet other specified conditions concerning military expenditures, terrorism, narcotics control, and human rights. Permits such authority only to implement multilateral debt relief ad referendum agreements (the Paris Club Agreed Minutes) and only to the extent that appropriations for the modifications are made in advance. Authorizes appropriations for FY 1996 and 1997. (Sec. 3414) Authorizes the President, subject to certain conditions, to sell to an eligible purchaser concessional loans made before January 1, 1995, to the government of an eligible country or reduce or cancel such loans on receipt of payment from an eligible purchaser for purposes of facilitating debt-for-equity, -development, or -nature swaps or debt buybacks by eligible countries to support specified activities. Authorizes appropriations for FY 1996 and 1997. (Sec. 3415) Prohibits the use of funds under the Foreign Assistance Act of 1961 to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing an export processing zone or designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of jobs within the United States; or (3) assistance for any project that contributes to the violation of workers' rights. Exempts assistance for microenterprises, small-scale enterprises, or small-holder agriculture in the informal sector of the foreign country from such prohibition. (Sec. 3416) Prohibits assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act to any foreign government that provides lethal military equipment to a country whose government supports international terrorism. Waives such prohibition if such assistance is important to national security interests. Chapter 3: Repeals - Repeals specified foreign assistance laws. Title XXXV: Effective Date - Makes the effective date of this Act the later of the enactment date or October 1, 1995.
Bill· HRH.R. 1548 (104th)open
United States · United States Congress · 2 May 1995
Corinth, Mississippi, Battlefield Act of 1995 - Directs the Secretary of the Interior to: (1) acquire lands in the vicinity of the Corinth Battlefield in Mississippi for, and construct, an interpretive center to commemorate and interpret the 1862 Civil War Siege and Battle of Corinth; and (2) administer such lands and center as part of the Shiloh National Military Park. Authorizes appropriations.
Bill· HRH.R. 1536 (104th)open
United States · United States Congress · 2 May 1995
Extends through December 31, 1997, the authority of a director of a Department of Veterans Affairs health care facility to use local labor market salary data to determine appropriate salaries for Department nurse anesthetists.
Bill· HRH.R. 1547 (104th)open
United States · United States Congress · 2 May 1995
Animal Experimentation Right To Know Act - Amends the Animal Welfare Act to require annual reports from research facilities concerning animal experimentation and testing to include information regarding: (1) the severity of the pain or distress caused by the procedures; (2) where animals used were obtained; (3) an accurate count of all animals of all species used in experiments; and (4) the general purposes of the animal experimentation program of the facility. Directs the Secretary of Agriculture to develop a system for release to the public of information regarding where animals used for experimentation were obtained. Directs the Secretary of Defense to submit to the Congress an annual report on the animal experimentation programs of the Department of Defense, including in-depth profiles of animal research conducted at each Department facility. Requires the initiation of alternative research methods which would phase out and reduce the use of animals in Department research. Directs the Secretary to appoint an ombudsman for animal issues at each Department research facility. Requires an annual report to the Secretary of Agriculture. Directs the President to appoint a panel of biomedical and animal care experts to investigate the animal use and care programs of the Department.
Bill· HRH.R. 1530 (104th)passed
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
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· HRH.R. 1544 (104th)referred
United States · United States Congress · 2 May 1995
Domestic Insurgency Act of 1995 - Amends the Federal criminal code to impose a fine and up to ten years' imprisonment or both on whoever knowingly participates in a paramilitary organization. Defines a "paramilitary organization" as two or more individuals acting together, organized in a military or paramilitary structure, who knowingly: (1) possess firearms, explosives, incendiary devices, or other weapons or techniques capable of causing injury or death; or (2) provide or participate in training in the use of any such weapons or techniques with the intention that they be used unlawfully to oppose U.S. or State authority or for any other unlawful purpose.
Bill· HRH.R. 1529 (104th)referred
United States · United States Congress · 2 May 1995
TABLE OF CONTENTS: Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Base Closure and Realignment and Environment Subtitle C: Land Conveyances Subtitle D: Other Matters Military Construction Authorization Act for Fiscal Year 1996 - Title XXI: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense (Secretary) to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to enter into agreements to construct, acquire, and improve family housing units at or near military installations for the purpose of encouraging private investments, in a specified amount. Authorizes the Secretary to improve existing military family housing units and to carry out certain energy conservation projects. Authorizes appropriations to the Department of Defense (DOD) for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program and authorizes appropriations for fiscal years after 1995 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1995 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in the preceding titles of this Act on October 1, 1998, or the date of enactment of an Act authorizing funds for military construction for FY 1999, whichever is later, with exceptions. Extends certain FY 1992 and 1993 military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Increases from 300 to 450 the number of units of family housing authorized to be leased in foreign countries for U.S. military family housing purposes. (Sec. 2803) Extends permanently the authority of the Secretary to increase the maximum square footage of military family housing units acquired for military personnel of certain pay grades when determined to be cost effective. (Sec. 2804) Authorizes the Secretary of any military department (currently, only the Navy) to enter into limited partnerships with private developers for the construction of military family housing at or near a military installation. Renames the Navy Housing Investment Account (used for partnership purposes) as the Defense Housing Investment Account. Terminates the Navy Housing Investment Board created to oversee such partnerships. Directs each Secretary of a military department to establish a Housing Investment Board to: (1) advise such Secretary as to financially sound limited partnerships; and (2) administer allocations from the Account. Extends through FY 2000 the authority to enter into such partnerships. (Sec. 2805) Provides that certain cost increase limits with respect to military family housing construction projects do not apply to the settlement of a contractor claim. Subtitle B: Base Closure and Realignment and Environment - Amends the Defense Base Closure and Realignment Act of 1990 to allow funds in the Defense Environmental Restoration Account to be used in FY 1996 for environmental restoration activities for military installations approved for closure or realignment in 1995 under such Act. (Sec. 2808) Amends the Defense Authorization Amendments and Base Closure and Realignment Act as well as the above Act to authorize the Secretary to enter into agreements (currently, only contracts) with local governments for the provision of certain services (police, fire, airfield operations) at military installations to be closed under such Acts when determined to be in the best interests of DOD. Subtitle C: Land Conveyances - Authorizes the Secretary of the Army to convey to: (1) Burlington County, New Jersey, all rights and interest to the Fort Dix Resource Recovery Facility; (2) Augusta, Georgia, all rights and interest to several parcels of land containing water and wastewater treatment plants at Fort Gordon, Georgia; and (3) the Southern California Edison Company all rights and interest to the electrical distribution system at Fort Irwin, California. Subtitle D: Other Matters - Authorizes the Secretary concerned to sell to a public or private utility company electricity generated from energy production facilities (currently, only from alternate energy or cogeneration production facilities) that are under the jurisdiction of such Secretary. (Sec. 2815) Requires water conservation savings and water costs of DOD to be included within a required DOD energy performance goal for FY 1991 through 2000. (Sec. 2816) Authorizes the Secretary of the Air Force to convey all rights and interest to the primate research laboratory at Holloman Air Force Base, as well as ownership of certain chimpanzees used in connection with such research, to the Coulston Foundation or another nonprofit entity determined appropriate by the Secretary. Requires the grantee to utilize the laboratory for scientific or medical research and provide adequate care for the chimpanzees. (Sec. 2817) Requires the Secretary to submit annual reports to specified congressional committees with respect to the acquisition of leasehold interests in land for use in special operations activities. (Sec. 2818) Authorizes the Secretary to carry out school facilities activities, including the construction of elementary and secondary schools on military installations, under provisions of Federal law allowing the provision of education by the Federal Government when local educational agencies are unable to provide adequate educational facilities.
Law· SS. 735 (104th)enacted
United States · United States Congress · 27 April 1995
TABLE OF CONTENTS: Title I: Substantive Criminal Law Enhancements Title II: Combating International Terrorism Title III: Alien Removal Title IV: Control of Fundraising for Terrorism Activities Title V: Assistance to Federal Law Enforcement Agencies Subtitle A: Antiterrorism Assistance Subtitle B: Intelligence Subtitle C: Additional Funding for Law Enforcement Title VI: Terrorist Interdiction Title VII: Criminal Procedural Improvements Subtitle A: Habeas Corpus Reform Subtitle B: Criminal Procedural Improvements Title VIII: Marking of Plastic Explosives Title IX: Miscellaneous Provisions Comprehensive Terrorism Prevention Act of 1995 - Title I: Substantive Criminal Law Enhancements - Amends the Federal criminal code to increase penalties for: (1) conspiracies involving explosives; (2) specified offenses, including the murder of foreign officials, official guests, or internationally protected persons; and (3) the use of explosives or arson. (Sec. 102) Establishes penalties for acts of terrorism transcending national boundaries. Sets forth provisions regarding limits on prosecution, investigative responsibility, evidence, extraterritorial jurisdiction, the statute of limitations, detention, and wiretap authority. (Sec. 103) Sets penalties for: (1) conspiring to kill, kidnap, or maim people in (currently limited to injuring property of) a foreign government; and (2) possessing stolen explosives. Title II: Combating International Terrorism - Amends: (1) the Foreign Assistance Act of 1961 to prohibit assistance to countries that aid, including providing military equipment to, terrorist states; and (2) the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. executive director of each international financial institution to oppose assistance by such institutions to terrorist states. (Sec. 205) Revises provisions regarding antiterrorism assistance to permit arms and ammunition to be provided under such provisions only if they are directly related to antiterrorism assistance. Limits the value of equipment and commodities provided. Repeals a prohibition on using such funds for personnel compensation or benefits. Sets a $1 million limit on assistance provided to a foreign country for counterterrorism efforts in any fiscal year, subject to specified conditions. (Sec. 206) Amends the Federal judicial code to provide that a foreign country designated as a state sponsor of terrorism (state sponsor) shall not be immune from the jurisdiction of the U.S. courts. (Sec. 207) Directs the Secretary of State to provide annual reports to the Speaker of the House of Representatives and the Chairman of the Senate Committee on Foreign Relations that include: (1) a list of all products and technologies that could be used to promote or engage in terrorist acts (critical technology) (and prohibits any product or technology manufactured or developed in the United States or by a subsidiary of a U.S. body that is determined to be critical technology from being sold by the U.S. Government or private U.S. commercial interests to a state sponsor to any entity or organization operating within such state); and (2) detailed assessments of any country that provided support for international terrorism, individual country efforts to take effective action against state sponsors, and U.S. Government efforts to implement provisions of the Export Administration Act of 1979 regarding terrorism. Title III: Alien Removal - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal of alien terrorists. Authorizes the Attorney General to take into custody and retain in custody any alien with respect to whom the Attorney General certifies, under seal to a special court (created by this title), that: (1) the Attorney General or Deputy Attorney General has approved of the proceeding under this title; (2) an alien terrorist is physically present in the United States; and (3) removal of such alien terrorist by normal deportation proceedings would pose a risk to U.S. national security by disclosing classified information. Requires the Chief Justice of the United States to publicly designate not more than five judges from up to five U.S. judicial districts to hear and decide cases arising under this title. Sets forth provisions regarding: (1) custody and release pending a hearing; (2) special court procedures; (3) the special removal hearing, including the introduction in camera and ex parte of evidence; (4) deportation determinations; (5) appeals; and (6) extradition of aliens who have committed crimes of violence abroad. (Sec. 303) Revises INA provisions regarding terrorist activities, including the definitions of "terrorism activity," "terrorist organization," and "terrorism." Limits alien access to Government information. (Sec. 304) Authorizes Attorney General access to certain confidential immigration and naturalization files through court order for specified identification and criminal law enforcement purposes. Title IV: Control of Fundraising for Terrorism Activities - Amends the Federal criminal code to authorize the President to regulate or prohibit, within the United States or by any person subject to the jurisdiction of the States anywhere: (1) fundraising or the provision of funds for use by or for the benefit of any foreign organization, including persons assisting such organization in fundraising, that the President has designated as being engaged in terrorism activities; or (2) financial transactions with any such foreign organization. Authorizes the President to designate any foreign organization based on a finding that: (1) the organization engages in terrorism activity; and (2) the organization's terrorism activities threaten the national security, foreign policy, or economy of the United States. Directs the President to prepare and transmit to the Congress a report containing a list of the organizations that the President has determined engage in, or provide support for, terrorism activity. Sets forth provisions regarding revocation of such designation, supplemental reports, and judicial review. Prohibits any person within, or subject to the jurisdiction of, the United States from: (1) raising, receiving, or collecting on behalf of, or providing funds to or for, an organization or person so designated by the President, or attempting to do so; and (2) acting for or on behalf of any such organization or person to transmit, transfer, or receive any funds raised in violation of such provision or to transmit, transfer, or dispose of any funds in which such an organization or person has an interest. Sets forth provisions regarding: (1) authorized transactions (including regulations setting forth procedures to be followed by persons seeking to raise or provide funds for designated organizations and licensing requirements); (2) special requirements for financial institutions; (3) investigations; (4) recordkeeping and reporting and civil actions by the Attorney General; (5) penalties and injunctions; (6) extraterritorial jurisdiction; (7) discovery and introduction of classified information; and (8) penalties for providing material support to terrorists. Title V: Assistance to Federal Law Enforcement Agencies - Subtitle A: Antiterrorism Assistance - Requires the Director of the Federal Bureau of Investigation (FBI) to study all applicable guidelines and laws regulating domestic surveillance and report to the Congress its findings and suggestions for enhancing domestic surveillance in support of investigations. (Sec. 502) Amends the Fair Credit Reporting Act to require a consumer reporting agency (CRA) to furnish to the FBI the names and addresses of all financial institutions at which a consumer maintains or has maintained an account when presented with a written request for that information signed by the Director which certifies compliance with this section. Authorizes such certification only if the Director has determined in writing that such information is necessary for the conduct of an authorized foreign counterintelligence investigation and specified other conditions are met. Sets forth provisions regarding: (1) the furnishing of identifying information by a CRA; (2) court orders for disclosure of consumer reports; (3) confidentiality; (4) payment of fees; (5) limits on dissemination; (6) damages and disciplinary actions for violations, with a good-faith exception; and (7) limitation of remedies and injunctive relief. (Sec. 503) Authorizes administrative subpoenas to be served upon a common carrier or innkeeper determined to have records or other tangible objects that may be relevant to a foreign counterintelligence activity. (Sec. 504) Amends the State Department Basic Authorities Act of 1956 and the Federal criminal code to increase the maximum rewards for information concerning international terrorism. (Sec. 505) Requires the Director to report to the Congress on the effectiveness of Federal provisions regarding providing material support to terrorists. Subtitle B: Intelligence - Directs the Attorney General and the Director to: (1) study all applicable laws and guidelines relating to electronic surveillance and the use of pen registers and other trap and trace devices; and (2) report to the Congress its findings and recommendations for the use of electronic surveillance of terrorist or other criminal organizations and for any legal modifications. (Sec. 512) Amends the Federal criminal code to authorize: (1) wiretapping for terrorism and related offenses; (2) the participation of foreign and State government personnel in interceptions of communications; (3) the disclosure of intercepted communications to foreign law enforcement agencies; and (4) interceptions of communications for specified terrorism-related offenses. Subtitle C: Additional Funding for Law Enforcement - Authorizes appropriations for FY 1996 through 2000 for FBI activities to combat terrorism. Directs the Attorney General, with such funds, to: (1) develop digital telephony technology; (2) support and enhance the technical support center and tactical operations; (3) expand legal attaches; (4) enhance Federal wireless communications and antenna site lease shortfall; (5) expand and improve the instructional, operational support, and construction of the FBI academy; (6) expand and improve investigative and managerial training courses for State, Indian tribal, and local law enforcement agencies; (7) construct an FBI laboratory and provide laboratory examination support; and (8) create a special FBI counterterrorism and counterintelligence fund for costs associated with terrorism cases. (Sec. 522) Authorizes additional appropriations for the U.S. Customs Service and the Immigration and Naturalization Service. (Sec. 524) Authorizes appropriations to the Drug Enforcement Administration for FY 1996 through 2000. Directs the Attorney General, with such funds, to: (1) fund permanent change of station transfers for special agent personnel; (2) establish and maintain an adequate motor vehicle base; and (3) purchase aircraft and replacement parts. (Sec. 525) Directs the Attorney General to hire additional Assistant U.S. Attorneys. Authorizes additional appropriations for the Department of Justice. (Sec. 526) Permits funding for authorizations provided in this subtitle to be paid for out of the Crime Control Trust Fund. Title VI: Terrorist Interdiction - Directs the Secretary of State to implement an upgrade of all overseas visa lookout operations to computerized systems with automated multiple-name search capabilities. Declares that the Department of State shall be considered a law enforcement agency for purposes of access to the National Crime Information Center and other FBI criminal records with respect to functions involving the processing of visas and passports and for other immigration-related purposes. Amends the INA to make membership in a terrorist organization a basis for exclusion from the United States. Sets forth provisions regarding the use of the Automated Visa Lookout System and the convening of an Accountability Review Board with respect to the processing of visas for admission into the United States. Title VII: Criminal Procedural Improvements - Subtitle A: Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 702) Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the applicant has made a substantial showing of the denial of a Federal constitutional right. Requires the certificate to indicate which specific issue or issues satisfy the showing. Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. Requires that a second or successive motion be certified by a panel of the appropriate Federal Court of Appeals to contain: (1) newly discovered evidence sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable. (Sec. 706) Sets further limitations on second or successive petitions. (Sec. 707) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of a petition for a writ of habeas corpus brought in a capital case within 180 days after the date on which the application is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such application within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Sets forth provisions regarding failure to render a timely determination. Requires the Administrative Office of U.S. Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. Subtitle B: Criminal Procedural Improvements - Grants U.S. courts jurisdiction over an offense of: (1) aircraft piracy if a U.S. national was aboard the aircraft, an offender is a U.S. national, or an offender is afterwards found in the United States; and (2) destruction of aircraft or aircraft facilities if a U.S. national was or would have been on board the aircraft, an offender is a U.S. national, or an offender is afterwards found in the United States. (Sec. 722) Declares that all the territorial sea of the United States is part of the United States, is subject to its sovereignty, and for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Provides that whoever commits on, above, or below any portion of the U.S. territorial sea specified crimes which would be punishable if committed within the jurisdiction of the State, territory, possession or district in which it is situated, shall be guilty of a like offense and subject to a like punishment. (Sec. 723) Makes exceptions to foreign sovereign immunity in certain cases involving acts of international terrorism, torture, extrajudicial killing, aircraft sabotage, hostage taking, and genocide in a foreign state. (Sec. 724) Adds: (1) foreign murder as a money laundering predicate offense; (2) terrorist offenses to the Racketeer Influenced and Corrupt Organizations (RICO) statute; (3) terrorism offenses to the money laundering statute; and (4) conspiracy to terrorism offenses. (Sec. 725) Expands the weapons of mass destruction statute to set penalties with respect to any U.S. national who, outside of the United States, uses, threatens, attempts, or conspires to use, a weapon of mass destruction. Includes within the definition of "weapon of mass destruction" any poisonous chemical agent or substance, regardless of form or delivery system, designed for or capable of causing widespread death or injury. (Sec. 731) Provides for pretrial detention for possession of firearms or explosives by convicted felons. Title VIII: Marking of Plastic Explosives - Prohibits: (1) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent, with exceptions; and (2) any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this Act from failing to report to the Secretary of the Treasury the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. Sets forth: (1) penalties for violation of this title; and (2) affirmative defenses. Directs the Attorney General to exercise authority over violations of this title only when committed by a member of a terrorist or revolutionary group (and, in such case, the Attorney General shall have primary investigative responsibility). (Sec. 802) Requires the Secretary of the Treasury to direct the Director of the Bureau of Alcohol, Tobacco, and Firearms to study and report to the Congress on the tagging of explosive materials for purposes of identification and detection, the possibility and practicality of rendering inert common chemicals used in manufacturing explosives, and the feasibility of imposing controls on certain precursor chemicals used to manufacture explosives. Title IX: Miscellaneous Provisions - Provides for severability of provisions of this Act.
Bill· SS. 727 (104th)open
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. 731 (104th)referred
United States · United States Congress · 27 April 1995
Excludes additional pay for extraordinary heroism from any required reduction in retired pay of a veteran due to the receipt of additional income.
Bill· SS. 730 (104th)referred
United States · United States Congress · 27 April 1995
Amends Federal veterans' disability compensation provisions to provide that the receipt of additional compensation for dependents does not require the waiver of an equal amount of retired or retirement pay.
Bill· SS. 728 (104th)referred
United States · United States Congress · 27 April 1995
TABLE OF CONTENTS: Division B (sic): Military Construction Authorizations Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Base Closure and Realignment and Environment Subtitle C: Land Conveyance Subtitle D: Other Matters Division B (sic): Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1996 - Title XXI: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense (Secretary) to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to enter into agreements to construct, acquire, and improve family housing units at or near military installations for the purpose of encouraging private investments, in a specified amount. Authorizes the Secretary to improve existing military family housing units and to carry out certain energy conservation projects. Authorizes appropriations to the Department of Defense (DOD) for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program and authorizes appropriations for fiscal years after 1995 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1995 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in the preceding titles of this Act on October 1, 1998, or the date of enactment of an Act authorizing funds for military construction for FY 1999, whichever is later, with exceptions. Extends certain FY 1992 and 1993 military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Authorizes the Secretary of the military department concerned to sell military family housing which has deteriorated beyond economical repair, along with the land on which such housing is located. Requires notification to the appropriate congressional committees and a waiting period of 21 days after such notice. Requires sale proceeds to be deposited into military family housing accounts and used for their purposes. (Sec. 2802) Increases from 300 to 450 the number of units of family housing authorized to be leased in foreign countries for U.S. military family housing purposes. (Sec. 2803) Extends permanently the authority of the Secretary to increase the maximum square footage of military family housing units acquired for military personnel of certain pay grades when determined to be cost effective. (Sec. 2804) Authorizes the Secretary of any military department (currently, only the Navy) to enter into limited partnerships with private developers for the construction of military family housing at or near a military installation. Renames the Navy Housing Investment Account (used for partnership purposes) as the Defense Housing Investment Account. Terminates the Navy Housing Investment Board created to oversee such partnerships. Extends through FY 2000 the authority to enter into such partnerships. (Sec. 2805) Provides that certain cost increase limits with respect to military family housing construction projects do not apply to the settlement of a contractor claim. Subtitle B: Base Closure and Realignment and Environment - Amends the Defense Base Closure and Realignment Act of 1990 to allow funds in the Defense Environmental Restoration Account to be used in FY 1996 for environmental restoration activities for military installations approved for closure or realignment in 1995 under such Act. (Sec. 2808) Amends the Defense Authorization Amendments and Base Closure and Realignment Act as well as the above Act to authorize the Secretary to enter into agreements (currently, only contracts) with local governments for the provision of certain services (police, fire, airfield operations) at military installations to be closed under such Acts when determined to be in the best interests of DOD. (Sec. 2809) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA) to: (1) provide that certain environmental cleanup responsibilities of the United States with respect to Federal facilities transferred under such Act shall not apply to leases; and (2) authorize the Administrator of the Environmental Protection Agency or the governor of the affected State to defer such responsibilities upon determination that the property is suitable for transfer or upon assurance that releases caused by the United States will be otherwise addressed. Subtitle C: Land Conveyance - Authorizes the Secretary of the Army to convey to: (1) Burlington County, New Jersey, all rights and interest to the Fort Dix Resource Recovery Facility; (2) Augusta, Georgia, all rights and interest to several parcels of land containing water and wastewater treatment plants at Fort Gordon, Georgia; and (3) the Southern California Edison Company all rights and interest to the electrical distribution system at Fort Irwin, California. Subtitle D: Other Matters - Authorizes the Secretary concerned to sell to a public or private utility company electricity generated from energy production facilities (currently, only from alternate energy or cogeneration production facilities) that are under the jurisdiction of such Secretary. (Sec. 2815) Requires water conservation savings and water costs of DOD to be included within a required DOD energy performance goal for FY 1991 through 2000. (Sec. 2816) Authorizes the Secretary of the Air Force to convey all rights and interest to the primate research laboratory at Holloman Air Force Base, as well as ownership of certain chimpanzees used in connection with such research, to the Coulston Foundation or another nonprofit entity determined appropriate by the Secretary. Requires the grantee to utilize the laboratory for scientific or medical research and provide adequate care for the chimpanzees. (Sec. 2817) Requires the Secretary to submit annual reports to specified congressional committees with respect to the acquisition of leasehold interests in land for use in special operations activities. (Sec. 2818) Authorizes the Secretary to carry out school facilities activities, including the construction of elementary and secondary schools on military installations, under provisions of Federal law allowing the provision of education by the Federal Government when local educational agencies are unable to provide adequate educational facilities.
Bill· SS. 726 (104th)referred
United States · United States Congress · 26 April 1995
Amends the Iran-Iraq Arms Non-Proliferation Act of 1992 (the Act) to expand sanctions against Iran to include: (1) U.S. opposition to assistance to Iran from international financial institutions; (2) Export-Import Bank assistance; and (3) foreign assistance under the Foreign Assistance Act of 1961, except for humanitarian assistance. (Such sanctions already apply to Iraq.) Provides for mandatory sanctions against persons or foreign countries that knowingly and materially contribute to efforts by Iran and Iraq to acquire weapons of mass destruction or the means of their delivery. Expands mandatory sanctions against persons who assist in such efforts to include the termination of any current contracts for goods or services and the revocation of existing export licenses. Makes sanctioned persons ineligible to receive visas for entry into the United States and excludes such persons from admission into the United States. Requires the President to prohibit depository institutions that are chartered by or have their principal place of business within the United States from making loans or providing credit to sanctioned persons, except those for purposes of purchasing food or agricultural commodities. Prohibits sanctioned persons, items which are the product or manufacture of such persons, or technology developed by such persons from transiting territory subject to U.S. jurisdiction. Provides for exceptions from sanctions with respect to the procurement of certain defense articles and services. Provides for the imposition of certain sanctions under the Iraq Sanctions Act of 1990 against countries sanctioned under this Act. Expands discretionary sanctions against sanctioned countries to include certain sanctions against vessels that engage in trade in sanctioned countries and the suspension of air flights to or from the United States. Denies funds for the approval of licenses for the export of supercomputers to countries that assist Iran in improving its rocket technology or weapons of mass destruction capability. (Such sanctions already apply to countries that so assist Iraq.) Removes termination dates for sanctions and makes sanctions inapplicable 30 days after the President certifies to the Congress that the sanctioned person or government has ceased to violate the Act.
Bill· SS. 725 (104th)referred
United States · United States Congress · 25 April 1995
Veterans Community-Based Care Act of 1995 - Extends through December 31, 2000, the authority of the Secretary of Veterans Affairs to: (1) provide treatment and rehabilitation to veterans for alcohol or drug dependence or abuse; (2) conduct a pilot program for the provision to eligible veterans of noninstitutional alternatives to nursing home care; (3) conduct a pilot program of community-based residential care for homeless chronically mentally ill and other veterans; (4) carry out a compensated work therapy and therapeutic transitional housing demonstration program; and (5) enter into enhanced-use leases of real property under the Secretary's jurisdiction or control.
Bill· SS. 722 (104th)referred
United States · United States Congress · 25 April 1995
TABLE OF CONTENTS: Title I: Findings; Need to Replace the Income Tax Title II: USA Tax for Individuals Title III: New Business Tax Title IV: Deferred Compensation Plans Title V: Technical and Administrative Changes USA Tax Act of 1995 - Title I: Findings; Need to Replace the Income Tax - States the findings of the Congress regarding the replacement of the current income tax with a new USA Tax and outlines features of the new system. Title II: USA Tax for Individuals - Amends the Internal Revenue Code to replace the current individual income tax with a new USA Income Tax. Imposes the tax only upon individuals who are U.S. citizens or resident aliens. Excludes from gross income the following: (1) returns or benefits from certain previously taxed income, including social security benefits and insurance (including health plan) amounts; (2) compensation for certain kinds of service, including as a minister, a member of the military, or a foster care provider; (3) certain gratuitous, charitable, and governmental transfers, including public assistance program benefits; (4) state and local bond interest; (5) injury and sickness compensation; (6) certain fringe benefits and other benefits furnished primarily for the convenience of an employer; (7) borrowing proceeds and other receipts the taxpayer is legally obligated to return; (8) certain income and housing costs of citizens and residents abroad; (9) discharges of indebtedness; (10) rollovers of savings on which tax is deferred under this Act and of gain from principal residence sales; (11) certain amounts paid by an employer as savings on behalf of an employee; (12) a business entity's receipts that are taxable under the business tax provisions; and (13) casualty and property insurance proceeds. Reduces gross income by the amount deducted for alimony, child support, and separate maintenance payments and by the Unlimited Savings Allowance established by this Act (Allowance). Allows deductions of the following in computing taxable income: (1) personal and dependency exemptions; (2) a sum known as the Family Living Allowance, to be adjusted for inflation beginning in 1997; (3) interest paid on indebtedness to acquire a principal residence; (4) qualified educational expenses; (5) philanthropic transfers (charitable contributions); and (6) a transition basis amount, calculated using the savings assets that determine the Unlimited Savings Allowance. Sets forth tax rate schedules for married individuals filing joint returns and surviving spouses, heads of households, unmarried individuals, and married individuals filing separate returns. Prescribes rules for the tax treatment of unearned income of a child under the age of 14. Allows the following credits against income tax: (1) the foreign tax credit, with respect only to foreign taxes on amounts included in gross income; (2) a payroll tax credit equal to the sum of the employee's share of basic social security taxes, the Tier 1 railroad retirement tax, and one-half of the social security taxes imposed on self-employment income; (3) an earned income tax credit; and (4) a taxes-paid credit equal to the sum of withholding tax amounts, special refunds of social security taxes, overpayments of prior-year tax obligations applied to the current tax year, and estimated tax payments. Establishes a tax-deferred Unlimited Savings Allowance, comprised of deductible additions to savings (including payments of life insurance premiums and retirement account contributions). Prescribes rules for the treatment of deferred income withdrawn from savings, borrowing, and qualification of additions to the Allowance. Grants each taxpayer a general basis account into which may be withdrawn amounts saved that had been includible in income before the Allowance was made applicable or because the savings were considered nondeductible for certain reasons. Defines the basis of property sold or exchanged and nonrecognition transactions, including sale of a principal residence and involuntary conversions. Excludes from the Allowance contributions to a business entity (business) of personal-use property. Taxes a withdrawal of such property from business use only to the extent of the value of changes or repairs made by the business entity. Treats the rental of real estate (except for property rented not more than 14 days during the taxable year) as a business activity to which the business tax applies and ineligible for deductions other than those owing to savings additions. Excludes from the Allowance contributions to a hobby activity. Provides a rule for the tax treatment of ownership interests in land companies. Makes the taxable year for all individuals, except in cases of birth or death during the year, the calendar year. Requires use of the cash receipts and disbursements method of accounting by all individual taxpayers. Imposes the greater of the following on nonresident aliens: (1) a tax on the nonbusiness income (with exceptions) and capital gains of such aliens; or (2) an alternate tax without exceptions (based on the rate of tax on unmarried individuals) if the alien lost U.S. citizenship within the ten previous years, unless the loss of citizenship was not principally to avoid the income or estate and gift taxes. Provides rules for treatment of community income. States the intention of the Internal Revenue Code (renamed the USA Tax Code by this Act) to promote a worldwide system in which each nation taxes under an individual tax and a business tax, respectively, only the income of individuals who are residents or citizens and only the business activity in such nation. Gives effect to exemptions of nonresident aliens from tax under treaty with the United States and provides reciprocity when a nation with a tax information sharing agreement with the United States exempts a U.S. resident or citizen from its income and withholding taxes. Provides rules for the tax treatment of contributions to and distributions from trusts and estates. Title III: New Business Tax - Replaces the current corporate income tax with a new tax on corporations and businesses. Imposes a business tax on the sale of goods and services in the United States equal to 11 percent of the gross profits of the business entity less a payroll tax credit (a credit for the social security, railroad retirement, and hospital insurance taxes paid by an employer. Defines gross profits as the excess of the business entity's taxable receipts over its deductible amounts. Excludes from taxable receipts, for purposes of calculating gross profits, certain receipts resulting from investments and financial transactions. Makes the following amounts deductible: (1) the cost of business purchases, consisting of amounts expended, including specified production and consumption taxes, for acquisition of property (or its use) and services; (2) a loss carryover for the taxable year; and (3) the sum of allowances for amortization of bases of depreciable property determined ratably beginning January 1, 1996 (the "transition basis deduction"). Provides rules for the treatment of: (1) capital contributions to a business entity by an individual or another business which becomes a partial or full owner; (2) distributions of property by a business to its owners, to a controlling business, or to an individual who contributed personal use property; and (3) consideration received for asset transfers by a business. Treats consideration allocable to savings assets as generally not included in the transferor's taxable receipts and not a business purchase of the purchaser. Allows an election to treat a substantial sale of a business's assets as if it were a stock acquisition having no direct consequences under the business tax. Treats mergers of one business into another or two into a third business or spinoffs, splitoffs, or split-ups or similar transactions as also having no direct business tax consequences. Requires all businesses to use an accrual method of accounting, except that a business that was permitted to use the cash receipts and disbursements method under the Internal Revenue Code and one which has the permission of the Secretary of the Treasury to use such method shall be permitted to do so. Sets forth accounting rules for: (1) determination of taxable year; (2) long-term contract expenses and receipts; and (3) treatment of post-sale price adjustments and refunds and bad debts. Disallows as a business purchase (and thus makes nondeductible) acquisition of unimproved land if the land is not acquired for use in a business activity or is acquired for speculation, development, temporary leasing or other use not commensurate with the land's value, indefinite future business use, or use in compensating employees. Makes the cost of land not used in business its tax basis. Includes as business purchases (thereby making deductible) fees paid for financial intermediation services (including lending, insurance, market making, and other services in which a person acts as an intermediary in property or financial transfers or risk pooling and derives gross receipts from financial flows associated with such transfers) but not costs of financial instruments. Prescribes rules for the treatment and allocation of "implicit" fees for such services. Makes deductible the cost of insurance premiums on business loss policies and includes proceeds from such insurance as taxable receipts. Provides for the taxation of a financial intermediation business by substituting financial receipts (all receipts other than amounts received as contributions to capital) for taxable receipts and including financial expenses as business purchases in the calculation of gross profits. Defines receipts and expenses for such purpose differently in the case of banks, insurance companies, and financial pass-thru entities. Provides rules for the treatment of tax-exempt organizations, including governmental entities, and imposition of the tax on unrelated business activity. Provides rules for the treatment of patronage dividends of supply and marketing cooperatives. Provides rules for determining the source of business income, including that: (1) amounts received for exports of property or services for use or consumption outside the United States shall be excluded from a business's taxable receipts; (2) imports of property or services for use in the United States in a business activity (including sale or retail) shall be treated as a business purchase; (3) communications services shall be treated as provided at the point of origin and not as imported or exported; and (4) insurance services shall be treated as provided at the location of the insurance company when both the services are provided and the risk is located in the United States. Makes payment of any import tax nondeductible. Provides rules for the treatment of receipts from the international transportation of property and passengers. Requires the Secretary to prescribe regulations regarding the location and source of banking services. Treats U.S. possessions as not part of the United States for purposes of the business tax. Prohibits the claiming of a payroll tax credit for payroll taxes paid with respect to income of residents of U.S. possessions. Allows business entities a payroll tax credit equal to the sum of the employer's share of old-age, survivors and disability insurance and hospital insurance and railroad retirement taxes and one-half of the allocable portion of the self-employment tax. Provides rules for the crediting of tax on the income of partnerships and proprietorships and a 15-year carryover of the payroll credit. Imposes a tax on all property entered into the United States for consumption (except property granted a personal exemption under the Harmonized Tariff Schedule of the United States) and all services treated as imported. Applies C corporation rules on tax administration to business entities until the Internal Revenue Code procedural and administrative provisions are amended to reflect this Act. Permits individuals engaged in business activities on their own or with their spouses, under rules prescribed by the Secretary, to file business tax returns with their individual returns and subjects such taxpayers to the estimated tax rules for individual returns. Provides rules for the filing of consolidated returns by business entities and financial intermediation businesses. Repeals Internal Revenue Code consolidated return provisions. Title IV: Deferred Compensation Plans - Redesignates Code provisions regarding deferred compensation plans, stating that: (1) they are included in the income tax provisions primarily for purposes of cross reference and determining the exemption of plans from the business tax; and (2) none of the deferred compensation provisions operates to create an individual or business income tax deduction or credit or disqualify an addition to savings under this Act. Title V: Technical and Administrative Changes - Redesignates the Internal Revenue Code as the USA Tax Code. States a rule for the general application of the procedural and administrative provisions of the Internal Revenue Code to the USA Income Tax and the business tax until such provisions are amended to reflect this Act.
Bill· HRH.R. 1513 (104th)open
United States · United States Congress · 7 April 1995
Revises the date for the beginning of the Vietnam era, for purposes of eligibility for veterans' benefits, from August 5, 1964, to December 22, 1961.
Bill· HRH.R. 1526 (104th)referred
United States · United States Congress · 7 April 1995
Defense Nuclear Waste Cleanup Privatization Act - Authorizes the Secretary of Energy to enter into one or more contracts with facilities located within 25 miles of a current or former Department of Energy (DOE) defense nuclear facility for the procurement of products and services to support waste cleanup and modernization activities at such nuclear facilities. Requires the Secretary to give preference to facilities that plan to hire, to the maximum extent practicable, residents in the vicinity of the defense nuclear facility who are employed or who have previously been employed by DOE or its private contractor at the facility. Prohibits any person from bringing a claim against a contractor or subcontractor for injury, cost, damage, illness, death, damage to property, or economic loss caused by a release of a hazardous contaminant during performance of the contract, unless such release or threatened release is caused by contractor or subcontractor negligence or intentional misconduct. Sets forth a six year statute of limitations for commencement of such actions. Directs the Secretary and contractors under the Secretary's supervision, in entering into a contract or subcontract with a private entity for products to be acquired or services to be performed at a qualifying DOE site, to give preference to an entity (otherwise qualified and within the competitive range) that plans to: (1) provide products and services originating from communities within 25 miles of the site; (2) avert, to the maximum extent practicable, the dismissal of DOE or private DOE contractor employees at the site and protect their continuity of service and benefits; (3) hire residents living in the site's vicinity to perform the contract (especially those previously employed by DOE or its contractor at the site); and (4) invest in value-added activities in the site's vicinity to mitigate adverse economic development impacts resulting from closure or restructuring of the site.
Bill· HRH.R. 1483 (104th)referred
United States · United States Congress · 7 April 1995
Subjects veterans' benefits claim decisions made by the Secretary of Veterans Affairs or the Board of Veterans' Appeals to revision on the grounds of clear and unmistakable error. Requires reversal or revision of such decision, by the same party making the original decision, if evidence establishes such error. Allows review requests for determining the existence of such error to be instituted by the Secretary, the Board, or the claimant.
Bill· HRH.R. 1482 (104th)open
United States · United States Congress · 7 April 1995
Veterans Programs Amendments of 1995 - Extends the exception to the minimum active-duty service requirement for benefit eligibility to all veterans' benefits (currently, the exception applies to only limited benefits). (Sec. 3) Authorizes the Secretary of Veterans Affairs to conduct a pilot program allowing for the use of contract physicians in the conduct of medical disability examinations. Limits to no more than ten Department of Veterans Affairs regional offices the scope of the pilot program. Requires a report to the Congress. (Sec. 4) Provides an effective date for the discontinuance of veterans' disability compensation in the case of the death of certain totally disabled veterans. (Sec. 5) Increases to $6,000 the amount authorized to be paid by the Secretary for the purchase of an automobile or adaptive equipment for certain disabled veterans. (Sec. 6) Extends through December 31, 1997, the authorized period for a program providing vocational training for certain veterans' pension recipients. (Sec. 7) Increases from one to two years the period for which accrued but unpaid periodic monetary benefits payable to a veteran or the veteran's spouse or dependents shall be paid to the appropriate survivors. (Sec. 8) Authorizes the Secretary to retain the costs incurred in recovering indebtedness from amounts recovered on an indebtedness owed to the United States by virtue of a person's participation in a veterans' benefit program.
Bill· HRH.R. 1468 (104th)open
United States · United States Congress · 7 April 1995
TABLE OF CONTENTS: Title I: Women Veterans Health Improvements Title II: Care for Veterans Exposed to Toxic Substances Title III: Readjustment Services Title IV: Services for Mentally Ill Veterans Title V: Construction Planning Title VI: General Health Administration Subtitle A: Health Care Administration Subtitle B: Personnel Administration Subtitle C: Health Care Resource Agreements Subtitle D: Miscellaneous Veterans Health Improvements Act of 1995 - Title I: Women Veterans Health Improvements - Women Veterans Health Improvements Act of 1995 - Directs the Secretary of Veterans Affairs to ensure that each health care facility under the direct jurisdiction of the Department of Veterans Affairs is able to provide in a timely and appropriate manner all authorized health care services to women veterans. Requires the provision of women's health services by direct Department care (rather than by contract or other agreement) when cost effective. Includes women's health services within the medical services authorized to be provided through the Department. Extends through 1998 a reporting requirement under the Veterans Health Care Act of 1992 concerning the Department's provision of women's health care services and research and adds to the information required in such report. (Sec. 104) Prohibits mammograms from being performed at a Department facility unless such facility is accredited for such purpose by a private nonprofit organization designated by the Secretary. Directs the Secretary to prescribe mammogram quality assurance and control standards and to perform periodic inspection of Department mammogram equipment and facilities. Requires the Secretary to ensure that mammograms performed for the Department on a contractual basis with a non-Department facility or provider conform to the quality standards for such procedures as prescribed by the Secretary of Health and Human Services under the Public Health Service Act. Provides for: (1) a deadline for prescribing the standards; (2) transition provisions; and (3) a standards implementation report from the Secretary to specified congressional committees. (Sec. 105) Amends the Veterans Health Care Act of 1992 to require each coordinator of women's services to serve in such position on a full-time basis. Requires the Secretary to ensure that: (1) sufficient Department funding is provided to allow such coordinators to fully carry out their responsibilities at such facilities; and (2) each coordinator has direct access to the Chief of Staff at their respective facility. (Sec. 106) Directs the Secretary to: (1) conduct a survey to identify deficiencies relating to women patient privacy in Department medical centers; (2) correct any such deficiencies; and (3) report to the Congress annually through 1997. Title II: Care for Veterans Exposed to Toxic Substances - Extends eligibility for hospital, nursing home, or outpatient medical care through the Department to: (1) a herbicide-exposed veteran if the National Academy of Sciences has, in a report issued under the Agent Orange Act of 1991, made specified determinations regarding an association between exposure to a herbicide agent and the occurrence of the veteran's disease; (2) a radiation-exposed veteran if the Secretary, based on the advice of the Advisory Committee on Environmental Hazards, determines that there is credible evidence of a positive association between exposure to ionizing radiation and the veteran's disease; and (3) a veteran who the Secretary finds may have been exposed to a toxic substance or environmental hazard during service in the Persian Gulf War, for any disability that becomes manifest before October 1, 1996. Provides time limits to the provision of such services. Title III: Readjustment Services - Authorizes the Secretary to furnish counseling in a vet center to assist any veteran who served in combat during World War II or the Korean conflict in overcoming the effects of such combat experience. Requires a report. (Sec. 302) Establishes in the Department the Advisory Committee on Veterans Readjustment Counseling to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires reports. Title IV: Services for Mentally Ill Veterans - Authorizes the Secretary to establish at any Veterans Health Administration (VHA) facility a nonprofit corporation to: (1) arrange for therapeutic work for patients of such facility or other Department facilities; and (2) provide a funding mechanism to achieve such purposes. Outlines provisions concerning: (1) the establishment of a board of directors for each corporation; (2) the deposit of excess corporation funds; (3) annual reports by the corporation and the Secretary; (4) a prohibition against the establishment of such corporations after FY 1999; and (5) required recognition of such corporation within four years as a tax-exempt organization under Internal Revenue Service rules. (Sec. 402) Extends through FY 1998 (currently 1995) the Department compensated work therapy and therapeutic transitional housing demonstration program. (Sec. 403) Directs the Secretary to establish in the VHA a Committee on Care of Severely Chronically Mentally Ill Veterans to carry out a continual assessment of the Department's ability to meet the treatment and rehabilitation needs of severely, chronically mentally ill veterans and to provide appropriate advice and recommendations after such assessment. Requires annual reports. (Sec. 404) Directs the Secretary to establish and operate centers for mental illness research, education, and clinical activities (centers). Directs the Secretary to ensure that designated centers are located in diverse geographic areas. Limits to five the total number of centers authorized for designation. Requires the prior appropriation of funds for such purpose. Requires interested facilities to submit written proposals containing specified requirements, including an arrangement by the facility with an accredited medical school, school of psychology, or medical training facility for appropriate research, education, and clinical activities. Requires the official within the VHA responsible for mental health and behavioral sciences matters (official) to establish a peer review panel to assess the scientific and clinical merit of proposals submitted to the Secretary. Requires the Under Secretary for Health to ensure that: (1) at least three centers designated under this section emphasize research into means of improving the quality of care for veterans suffering from mental illness through the development of community-based alternatives to institutional treatment; and (2) information produced through such centers that may be useful for other VHA activities is appropriately disseminated. Requires the official to supervise the operation of the centers and provide for ongoing center evaluations. Authorizes appropriations to the Department for the centers for FY 1997 through 2000. Authorizes the Under Secretary to allocate other Department funds for such purpose. Requires annual reports. Requires at least one center to be so designated by January 1, 1997. (Sec. 405) Authorizes the Secretary to provide to homeless, chronically mentally ill veterans currently eligible for hospital and nursing home care additional care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities. Authorizes the Secretary to also provide such care and services to: (1) veterans being furnished hospital or nursing home care by the Secretary for a chronic mental illness disability; and (2) veterans with service-connected chronic mental illness disabilities. Requires approval by the Secretary of the quality and effectiveness of a program providing such services through non-Department facilities. Authorizes the Secretary to provide in-kind and other forms of assistance to non-Department facilities providing such care, treatment, and services. Title V: Construction Planning - Directs the Secretary to develop and implement a plan to promote the efficient delivery of health care services and to reduce unnecessary duplication of health care resources. Requires an implementation report. (Sec. 502) Adds additional information to be required in a prospectus sent from the Secretary to specified congressional committees concerning proposed medical facilities to be constructed, leased, or acquired by the Department for the provision of Department medical care and services. (Sec. 503) Requires the Secretary to submit to specified congressional committees a report showing the current Department priorities for proposed major medical construction projects. (Sec. 504) Prohibits the appropriation or obligation of funds for the design of major medical facility projects (projects in excess of $5 million) unless such funds have been specifically authorized by law. Title VI: General Health Administration - Subtitle A: Health Care Administration - Includes within authorized Department medical services overnight lodging in Department facilities when necessary for the provision of services on an outpatient basis. (Sec. 602) Extends through FY 1997 the pilot program for noninstitutional alternatives to nursing home care. Extends similarly certain reporting dates with respect to such program. (Sec. 603) Extends through December 31, 1997, the authority of the Secretary to provide treatment and rehabilitation to veterans for alcohol or drug dependence or abuse disabilities. (Sec. 604) Increases the amounts required to be paid by the Secretary to a State per diem for each veteran receiving domiciliary, nursing home, hospital, or adult day health care. (Sec. 605) Includes the provision of adult day health care within authorized purposes for Department assistance to States for the construction of medical facilities for the care of veterans. Subtitle B: Personnel Administration - Places an additional limitation on authorized Department reductions in the number of full-time equivalent positions in the Department before the end of FY 1999. (Sec. 612) Extends permanently (currently expired as of December 31, 1994) the authority of the Secretary to waive certain reductions in retirement pay for Department registered nurses. (Sec. 613) Authorizes the Secretary to employ in the VHA certain persons in health care positions as the Secretary considers necessary. (Sec. 614) Extends to individuals appointed as employees in the VHA certain Federal provisions (whistleblower laws) providing protection against certain prohibited personnel practices. (Sec. 615) Extends through December 31, 1998, the Department's health professional scholarship program (offering educational scholarships to certain health care students in return for post-graduate service in the VHA). Subtitle C: Health Care Resource Agreements - Repeals a provision of the Veterans Health Care Act of 1992 which terminates at the end of FY 1995 the authority of the Department to expand the availability of health-sharing arrangements between the Department and the Department of Defense. (Sec. 622) Authorizes the director of a Department health care facility located in a State that has established a State health care reform plan to contract with any entity or individual to procure or furnish any health care resource for veterans. Authorizes such director to contract for the procurement of such resources for non-veterans only under specified conditions. Terminates the authority to enter into such contracts at the end of FY 2000. (Sec. 623) Authorizes the Secretary to enter into agreements with medical schools, health-care facilities, and research centers for the shared use of health care resources for the treatment of veterans. (Currently, the Secretary is authorized to enter into such agreements with such entities for the shared use of specialized medical resources.) Changes the payment method under such agreements from reciprocal reimbursement to one which provides appropriate flexibility to negotiate payment which is in the best interest of the Government. Authorizes the Secretary to enter into such agreements for the furnishing of health care services to non-veterans only in certain limited circumstances. Subtitle D: Miscellaneous - Designates various current veterans' committees and boards as veterans' research advisory committees. Prohibits the Secretary from terminating any such committee unless the Secretary: (1) finds that such committee is no longer needed; and (2) notifies specified congressional committees of such intention at least 120 days prior to such termination. (Sec. 633) Changes from December 1 to April 1 of each fiscal year a reporting date concerning Department admission policies with respect to veterans' hospital care, medical services, and nursing home care. (Sec. 634) Authorizes the Secretary to provide for the operation of child care centers at Department facilities when practicable and in the best interests of the Department. Requires priority to be given, in the provision of such services, to employees of: (1) the Department; (2) other Federal departments and agencies; and (3) schools affiliated with the Department and Department research corporations. Allows the Secretary, after such priorities, to provide such services to members of the public when necessary to assure the financial success of the center. Requires the Secretary to establish reasonable charges for all child care services provided, with conditions. (Sec. 635) Authorizes the Secretary to enter into contracts for the provision of utilities (including steam and chilled water) to the Audie L. Murphy Memorial Hospital in San Antonio, Texas. Requires available appropriations. (Sec. 636) Authorizes the Secretary to enter into a long-term lease or similar agreement with The Caring Place at Loyola, Inc., a nonprofit organization, to allow such organization to establish on the grounds of the Edward Hines, Jr., Department of Veterans Affairs Hospital, Hines, Illinois, a facility to provide temporary accommodations for family members of severely ill children who are being treated at the Loyola University of Chicago Medical Center and other hospitals.
Bill· HRH.R. 1488 (104th)referred
United States · United States Congress · 7 April 1995
Citizens' Protection From Violent Crime Act of 1995 - Amends the Federal criminal code to set mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal or State crime that is a serious violent felony or serious drug offense, with exceptions involving defense of person or property during the course of a crime committed by another person. Sets forth penalties for second or subsequent convictions. Bars the court from imposing probation or a concurrent term of imprisonment for offenses under this Act. Prohibits releasing any such individual for any reason during a term of imprisonment imposed under this Act. Requires the court to sentence a person convicted of transporting, receiving, or possessing a firearm or ammunition in interstate commerce to not less than five years in prison if the person has a prior conviction for a serious violent felony and not less than ten years in prison if the person has two such prior convictions. Makes certain serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Includes within the definition of "crime of violence" specified offenses relating to the possession of explosives and firearms by convicted felons. Directs the Attorney General to establish an armed violent criminal apprehension program. Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to use firearms within a home in defense of self or other persons against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury. Authorizes a person whose right is violated to bring an action in U.S. district court against a person or government. Sets forth provisions regarding attorney's fees and the statute of limitations. Repeals the ban on semiautomatic firearms and on large capacity ammunition feeding devices under the Violent Crime Control and Law Enforcement Act of 1994.
Bill· HRH.R. 1494 (104th)open
United States · United States Congress · 7 April 1995
Amends the National Security Act of 1947 to require the National Security Council to have a director, deputy director, and such senior directors as determined necessary by the President. Requires presidential appointment and Senate confirmation of each such position.
Bill· HRH.R. 1511 (104th)referred
United States · United States Congress · 7 April 1995
Nuclear Freeze: Part II Act - Prohibits the United States from obligating, in FY 1996 and thereafter, any funds for certain nuclear weapons and atomic energy defense activities of the Department of Energy (DOE) under the Energy and Water Development Appropriations Act, 1995, except as necessary to terminate such activities in an orderly manner. (Sec. 3) Directs the Secretary of Energy to maintain the Nevada Test Site at a cold standby level. (Sec. 4) Prohibits the United States from obligating any funds for the following DOE programs, except as necessary for termination in an orderly manner: (1) the advanced neutron source program; (2) the Tokamak Physics Experiment program; and (3) the Gas Turbine-Modular Helium Reactor program. (Sec. 6) Prohibits the United States from obligating any funds for carrying out fossil and nuclear energy research and development for any fiscal year after 1997.
Bill· HRH.R. 1518 (104th)referred
United States · United States Congress · 7 April 1995
Amends the Internal Revenue Code to establish a defense contractor conversion investment tax credit to be equal to 15 percent of: (1) the incremental nondefense qualified investment for a taxable year; plus (2) the qualified nondefense product expenses incurred during such year. Defines a "defense contractor" as any taxpayer if more than ten percent of its gross receipts are derived from defense contracts. Bars a deduction for that portion of the qualified nondefense product expenses otherwise allowable as a deduction that is equal to the amount of credit with respect to such expenses.
Bill· HRH.R. 1469 (104th)referred
United States · United States Congress · 7 April 1995
Amends the Internal Revenue Code to prescribe rules regarding limitations on employer contributions under defined contribution plans and eligible deferred compensation plans which are required by reason of veterans' reemployment rights. Treats an employer of a veteran entitled to such rights as meeting such reemployment requirements if the employer permits certain additional elective deferrals from the date of reemployment and makes a matching contribution which would have been required during the period of military service.
Bill· SS. 687 (104th)referred
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: Eligibility and Other Matters Concerning Child Support Enforcement Program Clients Title II: Program Administration and Funding Title III: Locate and Case Tracking Title IV: Streamlining and Uniformity of Procedures Title V: Paternity Establishment Title VI: Establishment and Modification of Support Orders Title VII: Enforcement of Support Orders Title VIII: Demonstrations Title IX: Access and Visitation Grants Title X: Effect of Enactment Child Support Enforcement Act of 1995 - Title I: Eligibility and Other Matters Concerning Child Support Enforcement Program Clients - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require State plans for child and spousal support, Aid to Families with Dependent Children, and Medicaid to provide that the State agency administering the plan will make a determination as to whether a recipient of such programs is cooperating with efforts to establish paternity and secure support or has good cause not to cooperate with such efforts. (Sec. 102) Requires States to have statutorily prescribed procedures to: (1) record child support orders in a central case registry; and (2) collect child support payments through a centralized collections unit. Revises the guidelines for: (1) State plans for child and spousal support; and (2) payments distribution. (Sec. 104) Requires State plans to establish procedures for: (1) notification of all proceedings and orders affecting child support obligations; (2) privacy safeguards regarding paternity and child support actions; and (3) outreach to parents designed to disseminate information about and increase access to child support enforcement services. Title II: Program Administration and Funding - Revises the formula for: (1) Federal matching payments to the States; and (2) incentive adjustments to the Federal matching rate. (Sec. 203) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 204) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 205) Mandates that: (1) a separate organizational unit within the Department of Health and Human Services which is charged with providing technical assistance to the States, develop a core curriculum, training standards, and a national training program for directors of State programs with respect to spousal and child support collection and paternity; and (2) State plans provide for the implementation of a training program compatible with the Federal training program. Directs the Secretary of Health and Human Services (the Secretary) to conduct staffing studies of each State child support enforcement program and to report the results to the Congress. (Sec. 206) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. (Sec. 208) Mandates that a State agency administering a child support enforcement program make information in the central State case registry available to State agencies administering income and eligibility verification systems. Title III: Locate and Case Tracking - Mandates that the single statewide automated data system function as a single central case registry of State-provided services and support orders. Delineates contents of case records and data matching activities, including data exchange with sister States. (Sec. 302) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 303) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 304) Requires the States to have statutorily prescribed procedures: (1) delimiting State use of locator information from interstate networks; and (2) under which labor unions, and hiring halls of labor unions, must furnish specified member information upon the request of a State child support enforcement agency. (Sec. 305) Directs the Secretary to establish the National Child Support Information Clearinghouse, composed of the Federal Parent Locator Service following registries created by this Act: (1) the National Child Support Registry; and (2) the National Directory of New Hires. (Sec. 306) Revises the Federal Parent Locator Service to add the kinds of information which may be transmitted to locate individuals and assets for purposes of establishing parentage and executing child support obligations. (Sec. 307) Directs the Secretary to study and report to the Congress on the: (1) accessibility of Federal Parent Locator Service information to noncustodial parents; and (2) feasibility of establishing and operating electronic data interchanges between such Service and major consumer credit reporting bureaus. Requires the Secretary to make demonstration grants to the States to test the utility of automated data exchanges with State data bases in order to facilitate paternity establishment and support obligation enforcement. (Sec. 308) Requires State plans to include procedures for recording Social Security numbers on certain family legal documents and records. Title IV: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1996. Makes conforming amendments to the Federal judicial code governing full faith and credit for child support orders. (Sec. 403) Amends SSA title IV part D to revise State plan guidelines for mandatory expedited administrative and judicial procedures to include: (1) establishment and modification of support awards under all orders included in the central case registry; (2) authorized genetic testing to establish paternity; and (3) the securing of assets and increasing of monthly payments to satisfy a support arrearage. Makes conforming amendments to the U.S. bankruptcy code. Title V: Paternity Establishment - Revises the guidelines for statutorily prescribed procedures governing genetic testing and outreach for voluntary paternity acknowledgment (including proceedings to establish paternity before the birth of the child). (Sec. 503) Prescribes percentage guidelines under which Federal matching payments to a State are reduced for failure to establish paternity promptly. (Sec. 504) Permits Federal financial participation in approved State plans which provide incentive payments to families to encourage paternity establishment. Directs the Secretary to authorize three State demonstration projects providing such incentives. Title VI: Establishment and Modification of Support Orders - Authorizes the Secretary to establish the National Commission on Child Support Guidelines to consider the advisability of national child support guidelines, and propose guidelines for consideration by the Congress. Authorizes appropriations. (Sec. 602) Revises the requirements for State plan procedures for the review and adjustment of child support orders. (Sec. 603) Requires the Secretary and the Secretary of the Treasury to conduct a study to determine how tax return information may be used to facilitate the process of determining the amount by which child support awards should be modified. (Sec. 604) Requires State plans to include procedures to ensure that child support orders reflect annual cost-of-living adjustments. Title VII: Enforcement of Support Orders - Authorizes the Secretary to establish a revolving loan fund for program improvements to increase child support collections. Authorizes appropriations. (Sec. 702) Amends the Internal Revenue Code to revise the priority of refund distribution with respect to past-due support owed to individuals. (Sec. 703) Requires the Comptroller General to report to the Congress on the efficacy of IRS assistance with State child support collection processes. (Sec. 704) Amends SSA title IV part D to revise procedural guidelines for consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees. (Sec. 705) Requires States to have statutorily prescribed procedures for: (1) placing liens for child support arrearages on motor vehicle titles of the debtor; (2) voiding fraudulent transfers by a child support debtor; (3) suspending any driver's, business, or occupational license issued to any person who owes past-due child support; (4) reporting to credit bureaus the name of the parent in arrears for child support; (5) extending the statute of limitations for collection on child support arrearages; (6) calculating interest or penalties on such arrearage; and (7) barring failure to pay child support as a defense to the denial of visitation rights, and denial of visitation rights as a defense to failure to pay child support. (Sec. 712) Prescribes procedural guidelines for passport denial (including revocation) upon certification of nonpayment of child support. (Sec. 713) Denies Federal benefits, loans, and guarantees to persons whose child support arrearages exceed $1,000 and who are not in compliance with an arrearages repayment plan. (Sec. 714) Requires States to have statutorily prescribed procedures under which failure to pay child support arrearages results in seizure by a State agency of: (1) lottery winnings; (2) insurance settlements or payouts; (3) judicial awards; (4) sale of forfeited property; and (5) bequests. Title VIII: Demonstrations - Authorizes the Secretary to make demonstration grants to three States to determine the efficacy of programs to provide assured levels of child support to custodial parents of children for whom paternity and support obligations have been established. Authorizes appropriations. Title IX: Access and Visitation Programs - Authorizes grants to States to establish and administer programs to facilitate absent parents' access and visitation programs. Authorizes appropriations. Title X: Effect of Enactment - Sets forth effective dates for this Act.
Resolution· SRESS.Res. 108 (104th)passed
United States · United States Congress · 6 April 1995
Designates July 16, 1995, as National Atomic Veterans Day.
Bill· HRH.R. 1425 (104th)open
United States · United States Congress · 6 April 1995
Human Rights in India Act - Prohibits development assistance for India for any fiscal year unless the President certifies to the Congress that the Government of India: (1) has released all prisoners of conscience; (2) ensures that all political prisoners are brought to trial promptly and fairly or released and have access to legal counsel and family members; (3) has eliminated the practice of torture by the military and police forces; (4) impartially investigates all allegations of torture and deaths of individuals in custody; (5) has established the fate or whereabouts of all political detainees who have disappeared; (6) brings to justice members of the military and police forces responsible for torturing or improperly treating prisoners; (7) permits citizens who are critical of such Government to travel abroad and return to India; (8) ensures that human rights monitors are not targeted for arrest or harassment by the military and police forces; and (9) permits human rights organizations and television, film, and print media full access to all states in India where significant human rights problems exist. Waives such prohibition if such waiver is in the national security interest.
Bill· HRH.R. 1429 (104th)referred
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. 1458 (104th)referred
United States · United States Congress · 6 April 1995
Directs the Secretary of the military department concerned, for purposes of eligibility for the award of the Purple Heart, to treat a former prisoner of war (POW) who was wounded before April 25, 1962, while held as a POW (or while being taken captive) in the same manner as a former POW who is wounded on or after such date.
Bill· HRH.R. 1441 (104th)referred
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.
Resolution· HRESH.Res. 134 (104th)referred
United States · United States Congress · 6 April 1995
Amends rule XLIII of the Rules of the House of Representatives to revise provisions regarding the acceptance of gifts by Members, officers, or employees of the House. Prohibits Members, officers, or employees from accepting gifts from lobbyists registered under the Federal Regulation of Lobbying Act, the Foreign Agents Registration Act, or any successor statute unless: (1) the lobbyist is a member of the immediate family of the Member, officer, or employee to whom the gift was made; or (2) the Member, officer, or employee did not have reason to know that the gift was given because of his or her official position, was given through a member of the Member's, officer's, or employee's immediate family or an entity controlled by the Member, officer, or employee, or was given by a lobbyist who was reimbursed or provided compensation for the gift's value or deducted the gift's value from his or her Federal income tax liability and the Member, officer, or employee disclosed the gift to the Committee on Standards of Official Conduct. Bars House Members, officers, or employees from accepting a gift from persons other than lobbyists unless conditions described above under which gifts may be accepted from lobbyists apply to such a person or the gift: (1) consisted of a meal; (2) was a contribution to a legal defense fund established for the Member's, officer's, or employee's benefit; (3) was an extension of personal hospitality; or (4) was attendance at a charity, conference, association dinner, or other widely-attended event. Lists items that are not considered to be gifts, including: (1) informational material; (2) receptions and food and refreshments of a nominal value; (3) products from the home State of the Member which are of nominal value; (4) objects of little intrinsic value; or (5) payments or reimbursements for reasonable expenses for travel, for a period not exceeding three days within the United States or seven days outside the United States, exclusive of travel time, to events related to the Member's, officer's, or employee's official duties, subject to certain conditions. Authorizes the Committee on Standards of Official Conduct to waive gift restrictions in unusual circumstances and to make such waivers public.
Bill· SS. 681 (104th)referred
United States · United States Congress · 5 April 1995
Narcotics National Emergency Sanctions Act of 1995 - Prohibits specified types of development, economic support, military, and investment and export financing assistance to Colombia. Requires the Secretary of the Treasury to instruct the U.S. executive directors of the multilateral development banks to vote against assistance to Colombia. Prohibits appropriated funds from being obligated or expended for: (1) licensing the commercial export of items on the U.S. Munitions List to Colombia; and (2) carrying out military activities in Colombia or that benefit Colombia. Withdraws certain trade preferences for Colombia under the Andean Trade Preference Act and the Trade Act of 1974. Makes Colombia ineligible to receive preferential trade treatment under any other program. Bars Colombia from being: (1) extended tariff or quota treatment equivalent to that accorded to members of the North American Free Trade Agreement; or (2) allowed to participate in the discussion or implementation of a free trade agreement involving Western Hemisphere countries. Requires the President to ensure that public officials in Colombia who are implicated in drug-related corruption, their immediate relatives, and their business partners are not permitted entry into the United States. Applies such requirement until the completion by the Colombian Government of an investigation into the drug-related corruption of the official that is satisfactory to the Secretary of State and the Attorney General and is so certified to the President. Makes sanctions listed under this Act inapplicable during February 6, 1996, to February 5, 1997, if the President certifies to the appropriate congressional committees that the Government of Colombia has made progress in specified matters regarding investigation and law enforcement regarding drug trafficking and has: (1) reformed the penal code to increase penalties for drug traffickers and to remove opportunities for traffickers to enter into plea bargains; (2) created an investigation unit to bring to prosecution individuals who engage in corrupt activities related to drugs; (3) enacted legislation to implement the statute prohibiting money laundering that was enacted in 1994; and (4) destroyed 44,000 hectares of coca and poppy plants by January 1, 1996. Authorizes the President to impose other sanctions on Colombia if the Colombian Government is not cooperating with the United States in counter-drug activities. Lists conditions under which sanctions will be terminated, including that the Colombian Government has: (1) enacted legislation to implement the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; (2) destroyed all remaining hectares of illicit crops; and (3) constructed an installation for the Colombia Coast Guard on San Andres Island to provide surveillance of airplane and ship traffic that departs from the island. Subjects presidential determinations regarding the termination of sanctions to congressional approval. Requires the President to transmit determinations and certifications under this Act in lieu of those required under the Foreign Assistance Act of 1961 in fiscal years in which sanctions are imposed on Colombia.
Bill· HRH.R. 1407 (104th)open
United States · United States Congress · 5 April 1995
Oxbow National Wildlife Refuge Expansion Act - Transfers a specified portion of the Fort Devens Military Reservation, Massachusetts, to the Secretary of the Interior for addition to the Oxbow National Wildlife Refuge. Directs the Secretary of Defense to convey to Lancaster, Massachusetts, all rights and interest to a portion of such property excluded from the transfer. Provides that the environmental cleanup responsibilities of the Secretary of Defense and the Administrator of the Environmental Protection Agency shall not be affected by such transfer and conveyance.
Bill· HRH.R. 1402 (104th)open
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. 1399 (104th)referred
United States · United States Congress · 5 April 1995
Directs the Secretary of the Army to convey to Indiana certain real property at the deactivated Indiana Army Ammunition Plant in Charlestown, Indiana, for recreational purposes.
Bill· HRH.R. 1418 (104th)open
United States · United States Congress · 5 April 1995
Prohibits the President from providing foreign assistance for Russia unless the President certifies to the Congress that the Government of Russia is not exporting nuclear weapons equipment and related technology and offensive military weapons, equipment, and related technology to a terrorist state. Makes such prohibition inapplicable if the President determines that providing such assistance is in the national security interest. Excludes humanitarian assistance or assistance for destroying nuclear, chemical, and other weapons from the definition of "foreign assistance."
Resolution· HRESH.Res. 129 (104th)passed
United States · United States Congress · 5 April 1995
Waives points of order against the consideration of the conference report on H.R. 889 (emergency supplemental appropriations and rescissions with respect to the Department of Defense).
Bill· SS. 672 (104th)open
United States · United States Congress · 4 April 1995
TABLE OF CONTENTS: Title I: Punitive Damages Reform Title II: Joint and Several Liability Reform Title III: Civil Procedural Reform Title IV: Health Care Liability Reform Title V: Control of Abusive Prisoner Litigation Practices Title VI: Miscellaneous Provisions Civil Justice Fairness Act of 1995 - Title I: Punitive Damages Reform - Prohibits punitive damages in a civil action in any State or Federal court in which such damages are sought based on the same act or course of conduct for which punitive damages have already been sought or awarded against the defendant, with exceptions where the court determines that the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, subject to specified limitations. (Sec. 103) Permits punitive damages, to the extent permitted by applicable Federal or State law, in any civil action in a Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct that is either specifically intended to cause harm or carried out with conscious, flagrant disregard for the rights or safety of other persons. Prohibits punitive damages in the absence of an award of compensatory damages exceeding nominal damages. Sets forth provisions regarding: (1) limits on punitive damage awards involving certain drugs and medical devices; (2) pleading of punitive damages; (3) bifurcation of trial at the defendant's request; and (4) limits on awards. Title II: Joint and Several Liability Reform - Provides that in any civil action for personal injury, wrongful death, or based upon principles of comparative fault, the liability of each defendant for noneconomic damages shall be several only and not joint. Makes each defendant liable only for the amount of noneconomic damages allocated to such defendant in direct proportion to such defendant's percentage of responsibility. Directs that a separate judgment be rendered against such defendant for that amount. Requires the trier of fact to determine the proportion of responsibility of each person for the claimant's harm whether or not such person is a party to the action. Specifies that this title shall not preempt or supersede any Federal or State law to the extent that such law would further limit the application of joint liability to any kind of damages. Title III: Civil Procedural Reform - Revises rule 11 of the Federal Rules of Civil Procedure (FRCP) to require (current law authorizes) the court to impose sanctions upon attorneys, law firms, or parties that have violated provisions regarding abusive litigation practices. Requires sanctions imposed for violation of that rule to be sufficient to compensate the parties that were injured by the conduct. Specifies that nothing in that rule limits the inherent power of the Federal courts to sanction misconduct of attorneys or parties appearing before such courts. (Sec. 302) Expresses the sense of the Congress that each State should require each attorney admitted to practice in such State to disclose in writing, to any client with whom such attorney has entered into a contingency fee agreement, the actual services performed, the precise number of hours expended, and whether a referral fee was paid. Directs the Attorney General to: (1) study and evaluate contingent fee awards and their abuses; (2) develop model State legislation; and (3) prepare and disseminate to State authorities the findings made and model legislation developed. (Sec. 303) Amends: (1) rule 702 of the Federal Rules of Evidence regarding expert testimony; and (2) rule 68 of the FRCP regarding offers of judgment or settlement. Title IV: Health Care Liability Reform - Provides that in any health care liability action, in addition to actual damages, punitive damages, or both, a claimant may be awarded noneconomic damages in an amount not to exceed $250,000, regardless of the number of parties against whom the action is brought or the number of claims or actions brought with respect to the health care injury. Prohibits an award for future noneconomic damages in such an action from being discounted to present value. Sets forth provisions regarding reductions in jury awards and applicability of this title. (Sec. 402) Establishes a two-year statute of limitations for the initiation of a health care liability action, with an exception for minors. (Sec. 403) Sets forth provisions regarding the periodic payment of future damages. (Sec. 404) Directs the Secretary of Health and Human Services to award grants to one or more States to establish demonstration projects under which the State establishes a no-fault medical liability system, subject to specified requirements. Authorizes appropriations. Title V: Control of Abusive Prisoner Litigation Practices - Amends the Federal judicial code to allow a Federal court to authorize the commencement, prosecution, or defense of any proceeding with payment of a partial fee or of the total fees and costs in installment payments. Requires: (1) a prisoner who files an affidavit of inability to pay to include in the affidavit a statement of all assets the prisoner possesses; (2) the court to make inquiry of the correctional institution in which the prisoner is incarcerated regarding the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay; and (3) the court to dismiss the case if the allegation of poverty is untrue, if satisfied that the action is frivolous or malicious (current law) or fails to state a claim on which relief can be granted, or if the claim is insubstantial in that the plaintiff suffered no injury or an insubstantial injury, even if partial filing fees have been imposed by the court. (Sec. 503) Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. Requires the Attorney General to develop a procedure for the prompt review and certification of systems for the resolution of grievances of adults confined in any correctional or pretrial detention facility if such systems are in substantial compliance with the minimum standards (current law) or are otherwise fair and effective. Title VI: Miscellaneous Provisions - Specifies that this Act shall not provide a basis for Federal court jurisdiction under specified provisions.
Bill· SS. 669 (104th)referred
United States · United States Congress · 4 April 1995
TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Procurement Protests Subtitle D: Policy, Definitions, and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Claims and Disputes Subtitle D: Miscellaneous Title III: Commercial Items Title IV: Simplified Acquisition Threshold Subtitle A: Threshold Defined Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold Subtitle C: Simplified Procedures Subtitle D: Micro-Purchase Procedures Title V: Acquisition Management Subtitle A: Pilot Programs Subtitle B: Miscellaneous Title VI: Other Procurement-Related Matters Subtitle A: Standards of Conduct/Ethics Subtitle B: Additional Amendments Subtitle C: Intellectual Property Title VII: Small Business and Socioeconomic Laws Subtitle A: Small Business Laws Subtitle B: Socioeconomic Laws Title VIII: Defense International Trade Federal Acquisition Improvement Act of 1995 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: Armed Services Acquisitions - Subpart A: Competition Requirements - Amends Federal armed services law to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1002) Modifies approval levels for contracts. (Sec. 1003) Defines advisory and assistance services. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1012) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1013) Provides for pre-award debriefings of excluded offerors. (Sec. 1014) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations, as well as specified provisions relating to architectural and engineering services and employment of outside architects and engineers. Revises provisions applicable to contracts for architectural and engineering services and construction design. Part II: Civilian Agency Acquisitions - Subpart A: Competition Requirements - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1052) Modifies approval levels for contracts. (Sec. 1053) Defines advisory and assistance services. (Sec. 1054) Allows justification for use of noncompetitive procedures in order to provide for continued occupancy of leased space. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1062) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1063) Provides for pre-award debriefings of excluded offerors. (Sec. 1064) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations. Part III: Acquisitions Generally - Repeals a Small Business Act provision for duplicative approval authority. Repeals provisions under the Office of Federal Procurement Policy Act for an annual competitive report, a review of regulations for consistency with Federal acquisition regulation, and a biannual report on procurement regulatory activity. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends Federal armed services law relating to truth in negotiations for armed services acquisitions to revise certain required regulations. Part II: Civilian Agency Acquisitions - Amends FPASA provisions relating to truth in negotiations for civilian agency acquisitions to revise certain required regulations. Revises provisions relating to the status of certain Federal employees' health benefits contracts. Subtitle C: Procurement Protests - Part I: Protests to the Comptroller General - Amends Federal law relating to money and finance to revise requirements that the Comptroller General rule on dispositive motions with respect to protests. (Sec. 1202) Adds provisions relating to frivolous protests. (Sec. 1203) Revises requirements relating to decisions on protests. (Sec. 1204) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official and tolls protest stay periods during pendency of agency review. (Sec. 1205) Provides for availability of funds following resolution of a formal protest or any administrative or judicial challenge. Part II: Protests in the Federal Courts - Amends Federal law relating to the judiciary and judicial procedure to give the U.S. Court of Federal Claims exclusive judicial jurisdiction of federal contract bid protests. Amends Federal law relating to money and finance to declare that specified provisions do not give the Comptroller General exclusive jurisdiction over protests nor affect the right of any interested party to file a protest with the contracting agency or an action in the U.S. Court of Federal Claims. Part III: Protests in Procurement of Automatic Data Processing - Amends FPASA to revise requirements relating to decisions on protests, and to add provisions relating to interlocutory appeals, suspension of procurement pending protest, dispositive motions, and frivolous protests. (Sec. 1436) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official, and tolls protest stay periods during pendency of agency review. Part IV: General - Amends the Office of Federal Procurement Policy Act (OFPPA) to add provisions regarding: (1) protests of procurements made through the Federal acquisition computer network under the simplified acquisition threshold; and (2) offeror statements to refrain from protesting procurements. (Sec. 1443) Expresses the sense of the Congress that executive agencies should consider the establishment of their own administrative remedial procedures for the resolution of protests, and that protest stay periods should be tolled during the pendency of such procedures. Subtitle D: Policy, Definitions, and Other Matters - Amends FPASA to: (1) repeal a multi-year limitation on inspection, maintenance, and repair; (2) authorize the Administrator of the General Services Administration to accept and pay for public utility services under a tariff at the lowest applicable rates, without entering into a contract; and (3) make specified funds available for procurement by contract for services of guards, elevator operators, messengers, and custodians without limitation. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Amends Federal armed services law to add provisions for vestiture of title with respect to acquisitions. Part II: Civilian Agency Acquisitions - Amends FPASA to add provisions for vestiture of title with respect to acquisitions. Subtitle B: Cost Principles - Part I: Civilian Agency Acquisitions - Amends FPASA to make certain contracts for health benefits for Federal employees covered contracts for purposes of applicability of allowable cost principles. Part II: Acquisitions Generally - Directs the Federal Acquisition Registry to identify those costs incurred with respect to a protest that are unallowable under covered contracts. Subtitle C: Claims and Disputes - Amends Federal law relating to the judiciary and judicial procedures to divest Federal district courts of jurisdiction for Federal contract disputes subject to the Contract Disputes Act of 1978. (Sec. 2252) Amends the Contract Disputes Act of 1978 to reduce from 12 months to 90 days the period for a contractor's filing for an action directly on the claim in the U.S. Court of Federal Claims (in lieu of appealing the contracting officer's decision to an agency board). Subtitle D: Miscellaneous - Amends Federal law relating to money and finance to eliminate specified provisions relating to accounting for advisory and assistance services. Waives cancellation of funding for: (1) satellite on-orbit incentive fees; and (2) Navy and other Government shipbuilding and conversion. Title III: Commercial Items - Amends OFPPA to revise a definition of commercial items. Title IV: Simplified Acquisition Threshold - Subtitle A: Threshold Defined - Amends OFPPA to define simplified acquisition threshold as: (1) $100,000; or (2) $1 million for the acquisition of services, including construction, when the procurement is conducted as a small business set-aside and if supply items are expected to constitute less than 20 percent of the total value of the contract. Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold - Repeals a provision of the Federal Acquisition Streamlining Act of 1994 relating to inapplicability of certain laws (the Miller Act) to acquisitions at or below the simplified acquisition threshold. Subtitle C: Simplified Procedures - Amends OFPPA to: (1) repeal provisions for duplicative authority for simplified acquisition purchases; (2) conform procurement notice posting thresholds; and (3) provide exemptions from a wait period when using a detailed synopsis and from synopsizing requirements. (Sec. 4205) Repeals a duplicative procurement notice provision under the Small Business Act. Subtitle D: Micro-Purchase Procedures - Amends OFPPA to authorize purchases not greater than $2,500 without obtaining competitive quotations if the purchase price is considered reasonable (removing a requirement for contracting officer determination of this). Title V: Acquisition Management - Subtitle A: Pilot Programs - Amends OFPPA to replace provisions for tests of innovative procurement methods and procedures with provisions for acquisition research demonstration projects in the form of agency test programs to determine whether a specified change in acquisition policies or procedures would result in improved Federal acquisition management. Subtitle B: Miscellaneous - Amends the Department of Energy Organization Act to revise certain administrative procedures. Title VI: Other Procurement-Related Matters - Subtitle A: Standards of Conduct/Ethics - Amends OFPPA to repeal specified provisions relating to procurement integrity. Adds provisions relating to penalties and administrative actions for cases of disclosing and obtaining contractor bid or proposal information or source selection information. Subtitle B: Additional Amendments - Amends Federal armed services law with respect to the inapplicability of a prohibition on gratuities. Subtitle C: Intellectual Property - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to revise provisions for cooperative research and development agreements. Adds provisions for Federal agencies to negotiate licensing agreements for copyrights owned by, or voluntarily assigned to, the Government. (Sec. 6101) Adds provisions for Federal agency claims of copyright of certain computer programs. Revises provisions for distribution of royalties received by Federal agencies. (Sec. 6102) Revises employee activities provisions to authorize Federal agencies to allow Government employee authors of computer programs to acquire title to copyright, subject to certain conditions. (Sec. 6103) Amends Federal copyright law to provide an exception to the prohibition on copyright protection for works of the Federal Government. (Sec. 6104) Amends Federal patent law to revise provisions relating to patent rights in inventions made with Federal assistance. Title VII: Small Business and Socioeconomic Laws - Subtitle A: Small Business Laws - Amends the Small Business Act to add provisions relating to direct contracting with certain program participant companies and to small business subcontracting plans, and to revise a reporting requirement on the number of small business subcontract awards. (Sec. 7004) Repeals: (1) the Small Business Competitiveness Demonstration Program Act of 1988; (2) a program for manufacturing contracts through manufacturing application and education centers; and (3) a pilot program for very small business concerns. Subtitle B: Socioeconomic Laws - Repeals the Walsh-Healey Act (relating to public contracts). (Sec. 7102) Amends the Resource Conservation and Recovery Act to: (1) revise provisions relating to biennial reports on Federal procurement; and (2) remove certain provisions relating to requirements for certification and verification. Title VIII: Defense International Trade - Amends Federal law relating to arms export control and foreign military sales authorizations with respect to U.S. companies' competitiveness and the reduction or waiver of certain charges.
Bill· HRH.R. 1384 (104th)open
United States · United States Congress · 4 April 1995
Exempts registered nurses, physician's assistants, and expanded-duty dental auxiliaries of the Veterans Health Administration (VHA) of the Department of Veterans Affairs from Federal provisions prohibiting VHA employees from assuming responsibility for the medical care of any patient other than a patient admitted for treatment at a Department facility.
Bill· HRH.R. 1385 (104th)open
United States · United States Congress · 4 April 1995
Veterans Health Care Reform Act of 1995 - Directs the Secretary of Veterans Affairs to conduct within the Department of Veterans Affairs a program of reformed health care to: (1) expand the Department's capacity to provide outpatient care to eligible veterans; and (2) allocate resources to enable Department facilities to provide access to health care which is reasonably similar, regardless of the State of residence, to: (a) veterans with a compensable service-connected disability; (b) veterans discharged or released from active duty due to a disability incurred in the line of duty; (c) certain veterans in receipt of veterans' disability compensation; (d) former prisoners of war; (e) veterans of the Mexican border period or World War I; or (f) veterans unable to defray the expenses of necessary care. Directs the Secretary, through September 30, 1999, to manage Department health care facilities so as to provide to such veterans and all other veterans (subject to certain limitations) necessary hospital care and outpatient medical treatment, including preventive health care and prosthetic appliances. Allows home care services to be included. Directs the Secretary to ensure that the Department maintains its capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans. Directs the Secretary to report to specified congressional committees on the Department's experience in establishing and administering the program. Terminates the program at the end of FY 1999. Adds to the authorized uses of health care reimbursement funds recovered by the Department from third party payers the expenses of establishing new outpatient care clinics or altering or remodeling current facilities to provide additional space for such care. Establishes within the Department of Veterans Affairs Medical-Care Cost Recovery Fund a reserve for such purposes. Directs the Secretary to report to specified congressional committees on medical care cost recovery.
Bill· HRH.R. 1388 (104th)referred
United States · United States Congress · 4 April 1995
TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Procurement Protests Subtitle D: Policy, Definitions, and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Claims and Disputes Subtitle D: Miscellaneous Title III: Commercial Items Title IV: Simplified Acquisition Threshold Subtitle A: Threshold Defined Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold Subtitle C: Simplified Procedures Subtitle D: Micro-Purchase Procedures Title V: Acquisition Management Subtitle A: Pilot Programs Subtitle B: Miscellaneous Title VI: Other Procurement-Related Matters Subtitle A: Standards of Conduct/Ethics Subtitle B: Additional Amendments Subtitle C: Intellectual Property Title VII: Small Business and Socioeconomic Laws Subtitle A: Small Business Laws Subtitle B: Socioeconomic Laws Title VIII: Defense International Trade Federal Acquisition Improvement Act of 1995 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: Armed Services Acquisitions - Subpart A: Competition Requirements - Amends Federal armed services law to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1002) Modifies approval levels for contracts. (Sec. 1003) Defines advisory and assistance services. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1012) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1013) Provides for pre-award debriefings of excluded offerors. (Sec. 1014) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations, as well as specified provisions relating to architectural and engineering services and employment of outside architects and engineers. Revises provisions applicable to contracts for architectural and engineering services and construction design. Part II: Civilian Agency Acquisitions - Subpart A: Competition Requirements - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1052) Modifies approval levels for contracts. (Sec. 1053) Defines advisory and assistance services. (Sec. 1054) Allows justification for use of noncompetitive procedures in order to provide for continued occupancy of leased space. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1062) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1063) Provides for pre-award debriefings of excluded offerors. (Sec. 1064) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations. Part III: Acquisitions Generally - Repeals a Small Business Act provision for duplicative approval authority. Repeals provisions under the Office of Federal Procurement Policy Act for an annual competitive report, a review of regulations for consistency with Federal acquisition regulation, and a biannual report on procurement regulatory activity. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends Federal armed services law relating to truth in negotiations for armed services acquisitions to revise certain required regulations. Part II: Civilian Agency Acquisitions - Amends FPASA provisions relating to truth in negotiations for civilian agency acquisitions to revise certain required regulations. Revises provisions relating to the status of certain Federal employees' health benefits contracts. Subtitle C: Procurement Protests - Part I: Protests to the Comptroller General - Amends Federal law relating to money and finance to revise requirements that the Comptroller General rule on dispositive motions with respect to protests. (Sec. 1202) Adds provisions relating to frivolous protests. (Sec. 1203) Revises requirements relating to decisions on protests. (Sec. 1204) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official and tolls protest stay periods during pendency of agency review. (Sec. 1205) Provides for availability of funds following resolution of a formal protest or any administrative or judicial challenge. Part II: Protests in the Federal Courts - Amends Federal law relating to the judiciary and judicial procedure to give the U.S. Court of Federal Claims exclusive judicial jurisdiction of federal contract bid protests. Amends Federal law relating to money and finance to declare that specified provisions do not give the Comptroller General exclusive jurisdiction over protests nor affect the right of any interested party to file a protest with the contracting agency or an action in the U.S. Court of Federal Claims. Part III: Protests in Procurement of Automatic Data Processing - Amends FPASA to revise requirements relating to decisions on protests, and to add provisions relating to interlocutory appeals, suspension of procurement pending protest, dispositive motions, and frivolous protests. (Sec. 1436) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official, and tolls protest stay periods during pendency of agency review. Part IV: General - Amends the Office of Federal Procurement Policy Act (OFPPA) to add provisions regarding: (1) protests of procurements made through the Federal acquisition computer network under the simplified acquisition threshold; and (2) offeror statements to refrain from protesting procurements. (Sec. 1443) Expresses the sense of the Congress that executive agencies should consider the establishment of their own administrative remedial procedures for the resolution of protests, and that protest stay periods should be tolled during the pendency of such procedures. Subtitle D: Policy, Definitions, and Other Matters - Amends FPASA to: (1) repeal a multi-year limitation on inspection, maintenance, and repair; (2) authorize the Administrator of the General Services Administration to accept and pay for public utility services under a tariff at the lowest applicable rates, without entering into a contract; and (3) make specified funds available for procurement by contract for services of guards, elevator operators, messengers, and custodians without limitation. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Amends Federal armed services law to add provisions for vestiture of title with respect to acquisitions. Part II: Civilian Agency Acquisitions - Amends FPASA to add provisions for vestiture of title with respect to acquisitions. Subtitle B: Cost Principles - Part I: Civilian Agency Acquisitions - Amends FPASA to make certain contracts for health benefits for Federal employees covered contracts for purposes of applicability of allowable cost principles. Part II: Acquisitions Generally - Directs the Federal Acquisition Registry to identify those costs incurred with respect to a protest that are unallowable under covered contracts. Subtitle C: Claims and Disputes - Amends Federal law relating to the judiciary and judicial procedures to divest Federal district courts of jurisdiction for Federal contract disputes subject to the Contract Disputes Act of 1978. (Sec. 2252) Amends the Contract Disputes Act of 1978 to reduce from 12 months to 90 days the period for a contractor's filing for an action directly on the claim in the U.S. Court of Federal Claims (in lieu of appealing the contracting officer's decision to an agency board). Subtitle D: Miscellaneous - Amends Federal law relating to money and finance to eliminate specified provisions relating to accounting for advisory and assistance services. Waives cancellation of funding for: (1) satellite on-orbit incentive fees; and (2) Navy and other Government shipbuilding and conversion. Title III: Commercial Items - Amends OFPPA to revise a definition of commercial items. Title IV: Simplified Acquisition Threshold - Subtitle A: Threshold Defined - Amends OFPPA to define simplified acquisition threshold as: (1) $100,000; or (2) $1 million for the acquisition of services, including construction, when the procurement is conducted as a small business set-aside and if supply items are expected to constitute less than 20 percent of the total value of the contract. Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold - Repeals a provision of the Federal Acquisition Streamlining Act of 1994 relating to inapplicability of certain laws (the Miller Act) to acquisitions at or below the simplified acquisition threshold. Subtitle C: Simplified Procedures - Amends OFPPA to: (1) repeal provisions for duplicative authority for simplified acquisition purchases; (2) conform procurement notice posting thresholds; and (3) provide exemptions from a wait period when using a detailed synopsis and from synopsizing requirements. (Sec. 4205) Repeals a duplicative procurement notice provision under the Small Business Act. Subtitle D: Micro-Purchase Procedures - Amends OFPPA to authorize purchases not greater than $2,500 without obtaining competitive quotations if the purchase price is considered reasonable (removing a requirement for contracting officer determination of this). Title V: Acquisition Management - Subtitle A: Pilot Programs - Amends OFPPA to replace provisions for tests of innovative procurement methods and procedures with provisions for acquisition research demonstration projects in the form of agency test programs to determine whether a specified change in acquisition policies or procedures would result in improved Federal acquisition management. Subtitle B: Miscellaneous - Amends the Department of Energy Organization Act to revise certain administrative procedures. Title VI: Other Procurement-Related Matters - Subtitle A: Standards of Conduct/Ethics - Amends OFPPA to repeal specified provisions relating to procurement integrity. Adds provisions relating to penalties and administrative actions for cases of disclosing and obtaining contractor bid or proposal information or source selection information. Subtitle B: Additional Amendments - Amends Federal armed services law with respect to the inapplicability of a prohibition on gratuities. Subtitle C: Intellectual Property - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to revise provisions for cooperative research and development agreements. Adds provisions for Federal agencies to negotiate licensing agreements for copyrights owned by, or voluntarily assigned to, the Government. (Sec. 6101) Adds provisions for Federal agency claims of copyright of certain computer programs. Revises provisions for distribution of royalties received by Federal agencies. (Sec. 6102) Revises employee activities provisions to authorize Federal agencies to allow Government employee authors of computer programs to acquire title to copyright, subject to certain conditions. (Sec. 6103) Amends Federal copyright law to provide an exception to the prohibition on copyright protection for works of the Federal Government. (Sec. 6104) Amends Federal patent law to revise provisions relating to patent rights in inventions made with Federal assistance. Title VII: Small Business and Socioeconomic Laws - Subtitle A: Small Business Laws - Amends the Small Business Act to add provisions relating to direct contracting with certain program participant companies and to small business subcontracting plans, and to revise a reporting requirement on the number of small business subcontract awards. (Sec. 7004) Repeals: (1) the Small Business Competitiveness Demonstration Program Act of 1988; (2) a program for manufacturing contracts through manufacturing application and education centers; and (3) a pilot program for very small business concerns. Subtitle B: Socioeconomic Laws - Repeals the Walsh-Healey Act (relating to public contracts). (Sec. 7102) Amends the Resource Conservation and Recovery Act to: (1) revise provisions relating to biennial reports on Federal procurement; and (2) remove certain provisions relating to requirements for certification and verification. Title VIII: Defense International Trade - Amends Federal law relating to arms export control and foreign military sales authorizations with respect to U.S. companies' competitiveness and the reduction or waiver of certain charges.
Bill· SS. 660 (104th)referred
United States · United States Congress · 3 April 1995
Authorizes the Secretary of Defense to provide round-trip air transportation to Hawaii to: (1) minor children residing in the Pacific Rim region who have been admitted for necessary medical treatment at a medical facility in Honolulu, Hawaii, that specializes in the care of crippled children at no cost to the patient but who are unable to afford the cost of transportation to Hawaii; and (2) one adult attendant for each child. Provides conditions.
Bill· HRH.R. 1376 (104th)open
United States · United States Congress · 3 April 1995
Makes eligible for the award of the Purple Heart members of the armed forces killed or wounded on or after January 1, 1994, by weapon fire while engaged in a peacekeeping activity.
Bill· HRH.R. 1381 (104th)referred
United States · United States Congress · 3 April 1995
TABLE OF CONTENTS: Title I: Voluntary Environmental Cleanup Title II: National Environmental Business Development Program Title III: National Environmental Response, Remediation, and Restoration Training Programs Subtitle A: National Environmental Response Training Program Subtitle B: National Environmental Remediation and Restoration Training Program Title IV: National Environment-Related Employment Program Comprehensive Economic and Environmental Recovery Act of 1995 - Title I: Voluntary Environmental Cleanup - Authorizes innocent landowners or responsible owners to submit cleanup plans for affected sites to the Administrator of the Environmental Protection Agency for approval. Defines: (1) an "affected site" as a facility that has environmental contamination that could prevent its use, development, reuse, or redevelopment and is limited in scope and can be comprehensively characterized and readily analyzed; (2) an "innocent landowner" as a person who intends to own or who owns an affected site and did not contribute to any contamination or the release of hazardous substances; and (3) a "responsible owner" as a person who owns an affected site on which industrial activities take place. Establishes a Cleanup Loan Fund to provide funding to persons undertaking the development and implementation of approved cleanup plans. Requires liens in favor of the United States to arise on contaminated property subject to a loan. Authorizes civil actions to enforce loan agreements. Provides for the annual transfer of a specified amount of funds from the Hazardous Substance Superfund to the Cleanup Loan Fund. Amends the Internal Revenue Code to include within the tax deduction allowed for trade and business expenses all amounts paid or incurred in preparing and implementing cleanup plans. Title II: National Environmental Business Development Program - Exempts wages paid to an owner-employee (any employee who is a principal shareholder) of an employer which is a new environmental business from social security taxes. Makes such exemption inapplicable to amounts after the first $100,000 paid to such employee. Defines a "new environmental business" as any corporation which: (1) is a small business concern; (2) meets requirements similar to those under the Internal Revenue Code for targeted urban areas; (3) is a new business for the calendar year; and (4) during such year, trains and certifies environmental response employees and emergency responders, employs such individuals, or performs environmental assessments, remediation, or restoration. Provides for a similar exemption from social security taxes for self-employed new environmental businesses. Terminates such exemptions after 2000. Title III: National Environmental Response, Remediation, and Restoration Training Programs - Subtitle A: National Environmental Response Training Program - Directs the Secretary of Labor to establish a National Environmental Response Training Program for purposes of: (1) training and certifying targeted urban area residents who are unemployed and underemployed to become environmental response employees and emergency responders; and (2) providing grants to environmental training providers. Requires the Secretaries of Labor and Education to develop an academic or work-site experience curriculum cooperatively with local educational agencies to enable 11th and 12th grade students to become environmental response employees or emergency responders. Provides for grants to communities for purposes of implementing such curriculum. Subtitle B: National Environmental Remediation and Restoration Training Program - Directs the Administrator to establish an education and training program in qualified institutions of higher education to enable qualified individuals to acquire career training in environmental engineering, environmental sciences, or environmental project management as it relates to hazardous waste response, cleanup, and restoration. Makes eligible for such program persons who have a high school diploma or its equivalence, are enrolled in or accepted into a qualified institution of higher education, and reside in targeted areas. Directs the Secretaries of Defense and Energy and the Administrator to provide grants to qualified institutions of higher education, subject to certain conditions. Requires such institutions to use such funds for purposes of establishing consortium programs to provide education and training in environmental restoration to qualified individuals. Title IV: National Environment-Related Employment Program - Requires Federal agencies authorized to award contracts to carry out environmental or emergency response to give preference to firms that: (1) meet the requirements of the contract; (2) are located in a targeted urban area; and (3) have a payroll in which at least 25 percent of their certified environmental response employees and responders reside in a targeted urban area or, in cases where availability of certified environmental response employees and responders does not allow firms to comply, actively participate in a youth apprenticeship program.
Bill· SS. 650 (104th)open
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Reductions in Government Overregulation Subtitle A: The Home Mortgage Process Subtitle B: Amendments to the Community Reinvestment Act of 1977 Subtitle C: Payment of Interest Act Title II: Streamlining Government Regulation Subtitle A: Eliminating Unnecessary Regulatory Requirements and Procedures Subtitle B: Eliminating Unnecessary Costs and Paperwork Burdens Subtitle C: Eliminating Unnecessary Reporting Requirements Subtitle D: Regulatory Micromanagement Title III: Regulatory Impact on Cost of Credit and Credit Availability Subtitle A: Lowering Compliance Costs to Promote Credit Availability Subtitle B: Disincentives to Risk-Taking Subtitle C: Miscellaneous Nonsupervisory Reforms Economic Growth and Regulatory Paperwork Reduction Act of 1995 - Title I: Reductions in Government Overregulation - Subtitle A: The Home Mortgage Process - Part I: Regulatory Simplification and Uniformity - Amends the Truth in Lending Act (TLA) and the Real Estate Settlement Procedures Act (RESPA) to require the Board of Governors of the Federal Reserve System (the Board) to: (1) eliminate, modify, or simplify disclosure requirements if such action results in uniformity with other statutory disclosure requirements relating to credit transactions; and (2) proscribe imposition of any disclosure requirement unless its effect is to eliminate, modify, or simplify any disclosure required under this Act. (Sec. 103) Exempts from TLA disclosure requirements transactions that the Board determines: (1) are not necessary to effectuate its purposes; or (2) do not provide a measurable benefit in the form of useful information or consumer protection. (Sec. 104) Amends RESPA to repeal requirements that: (1) a federally related mortgage lender disclose to a mortgage loan applicant the servicing of any such mortgages the lender has assigned, sold or transferred during the most recent three calendar years; and (2) a lender that does not service federally related loans similarly disclose any intention to assign, sell or transfer such servicing. Repeals the mandate for model disclosure statements. Excises from the definition of "federally related mortgage loan" any loan secured by a subordinate lien on residential real property (thereby removing second mortgages from RESPA requirements). Directs the Board to ensure that regulations pertaining to the business credit exemption from RESPA jurisdiction include all business credit exempted from the TLA. Part II: Clarifications to Reduce Costs and Regulatory Burdens - Amends the TLA to exempt from its disclosure requirements any credit transactions involving consumers with an annual earned income of more than $200,000 or having net assets in excess of $1,000,000 at the time of the transaction. (Sec. 112) Revises disclosure requirements for adjustable rate home mortgages to permit as an alternative to the currently required table illustration, a statement that a monthly payment may increase or decrease significantly due to annual percentage rate increases. Grants creditors the option of disclosing, in any variable interest rate residential mortgage transaction that is not an open end credit plan, either a statement that the monthly payment may change substantially, or an historical example illustrating the effects of interest rate changes implemented according to the loan program. (Sec. 113) Excludes from the determination of the finance charge for any consumer credit transaction fees imposed by third party closing agents (including settlement agents, attorneys, escrow and title companies) that are neither expressly required nor retained by the creditor (thereby exempting such amounts from TLA disclosure requirements). Exempts from the computation of a finance charge, if they are otherwise itemized and disclosed, certain: (1) taxes on security instruments or evidences of indebtedness; and (2) fees for preparation of loan-related documents and attending or conducting settlement. (Sec. 114) Exempts from the right of rescission certain refinancings or consolidations of debt that are secured by a lien on a consumer's principal dwelling. (Sec. 115) Permits finance charge disclosures for certain consumer credit transactions secured by real property or a dwelling to vary within an accuracy tolerance range of $100. Sets guidelines for per diem interest rate disclosures consumer credit transactions. (Sec. 116) Shields a creditor or assignee from liability in connection with disclosures of: (1) certain fees and charges; and (2) finance charges that fall within certain statutory tolerance limits. (Sec. 117) Modifies the guidelines delimiting an obligor's period of rescission to preclude a consumer from asserting rescission in any action after the earlier of: (1) expiration of the three-year period beginning on the transaction consummation date; or (2) the date of the sale of the property securing an extension of credit. (Sec. 118) Modifies assignee liability guidelines to provide that a violation is apparent on the face of the disclosure statement if the disclosure does not use the format required by law. Prescribes guidelines under which the servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as the assignee of such obligation. (Sec. 119) Repeals the bona fide personal financial emergency condition placed upon exercise of the Board's authority to modify or waive rescission rights arising from a consumer credit transaction. Subtitle B: Amendments to the Community Reinvestment Act of 1977 - Amends the Community Reinvestment Act of 1977 (CRA) to prohibit the appropriate Federal regulatory agency, in the course of examining a financial institution, from imposing recordkeeping or reporting requirements that do not have the effect of eliminating, streamlining, or reducing regulatory burdens upon such institution. (Sec. 132) Exempts small-sized banks with total assets under $250 million from CRA jurisdiction. (Sec. 133) Prescribes guidelines under which each appropriate Federal regulatory agency shall: (1) publish its examination schedule; and (2) provide opportunity for community comment. Authorizes the agency to reconsider, upon request, the rating of an institution. (Sec. 134) Defines a "special purpose bank" as one that does not generally accept deposits from the public in amounts less than $100,000, such as a credit card bank or a trust bank. Mandates that, in assessing the record of special purpose banks in meeting community credit needs, the appropriate Federal regulatory agency: (1) take into consideration the nature of the businesses of such banks; and (2) develop standards under which they may be deemed to comply with CRA requirements consistent with the specific nature of such businesses. Requires the agency, in assessing any financial institution, to give positive consideration to investments and loans made by such institutions that provide benefits to distressed communities, regardless of whether or not the communities are located within the service area of the financial institution. Subtitle C: Payment of Interest Act - Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to retitle the Truth in Savings Act as the "Payment of Interest Act". Repeals: (1) the finding of the Congress that uniform disclosure of interest and fees charged on consumer deposit accounts strengthens consumer ability to make informed decisions and verify deposit accounts; and (2) the stated purpose of the Truth in Savings Act requiring clear, uniform disclosure of interest rates payable on deposit accounts and the fees assessable against them. Declares instead that: (1) the Truth in Savings Act created unnecessary paperwork, compliance, and liability burdens for depository institutions without enhancing consumer ability to make informed decisions; and (2) the purpose of the Payment of Interest Act is to repeal unnecessary disclosure requirements while retaining the requirement that interest be paid on the full amount of principal in the account for each day of the stated calculation period at the interest rate disclosed by the depository institution. Repeals: (1) the uniform disclosure requirements for interest rates and fees, including annual percentage yields, minimum account and time requirements, and interest penalties; and (2) the proscription against misleading descriptions of free or no-cost accounts, and misleading or inaccurate advertisements. Repeals current law that a depository institution: (1) maintain and distribute a schedule of fees, interest rates, and account restrictions written in readily understood format for each class of accounts being offered; (2) notify account holders of any changes in the schedule; and (3) clearly and conspicuously disclose with each periodic statement to account holders the annual percentage yield earned, the amount of interest earned, the amount of fees or charges imposed, and the number of days in the reporting period. Repeals civil liability guidelines governing class actions. Modifies depository institution liability regarding: (1) notification and adjustment for errors; and (2) continuing and subsequent depository institution failure to pay interest. Title II: Streamlining Government Regulation - Subtitle A: Eliminating Unnecessary Regulatory Requirements and Procedures - Amends the Bank Holding Company Act of 1956 (BHCA) to set forth financial and managerial criteria under which an acquisition of shares by a bank holding company, or a merger or consolidation between registered bank holding companies, shall be deemed to be approved. (Current law requires prior Board approval). (Sec. 202) Amends the Federal Deposit Insurance Act (FDIA) to set forth conditions under which prior approval is not required for any merger, consolidation, asset acquisition, or liabilities assumption, involving only insured depository institutions subsidiaries of the same depository institution holding company. (Sec. 203) Permits any insured depository institution to participate in optional conversion transactions between members of the Bank Insurance Fund and the Savings Association Insurance Fund without the prior written approval of the responsible agency. Repeals: (1) agency guidelines for approval; and (2) the prohibition against transactions which result in the transfer from one Federal deposit insurance fund to the other. Makes the sole criterion for authorization of a conversion transaction without approval that the acquiring, assuming, or resulting depository institution will meet all applicable capital requirements upon consummation of the transaction. (Sec. 204) Amends the Revised Statutes, the Federal Reserve Act (FRA), and the FDIA to delineate conditions under which prior approval is not required for banks under their purview to establish and operate a branch or seasonal agency. (Sec. 205) Amends the Home Owners' Loan Act to remove from its regulatory purview a bank holding company subject to the BHCA. Revises the definition of "savings and loan holding company" to exclude a bank holding company under BHCA jurisdiction. Provides that acquisition of a savings association by a bank holding company under BHCA jurisdiction obviates approval by the Director of the Office of Thrift Supervision. (Sec. 206) Amends the Revised Statutes to repeal the aggregate minimum capital requirements imposed upon a national banking association and its branches. (Sec. 207) Amends the Revised Statutes and the FDIA to exclude from the definition of "branch" an automated teller machine or remote service unit (thus exempting those entities from the approval requirements of such Acts). (Sec. 208) Amends the FRA to prescribe regulatory approval guidelines for investments in bank premises by well capitalized and well managed banks. (Sec. 209) Amends the BHCA to repeal the provision that shares transferred by a bank holding company to a transferee under its control are deemed to be under the holding company's control (thus subject to specified approval requirements). (Sec. 210) Amends the FDIA to repeal the requirement that the appropriate Federal banking agency be notified prior to the appointment or addition of a new director or senior executive officer if the affected insured depository institution or depository institution holding company: (1) has been chartered less than two years; or (2) has undergone a change in control within the preceding two years. Retains such prior notice requirement for troubled insured depository institutions or depository institution holding companies only if the agency determines that prior notice is appropriate. Extends from 30 days up to 90 days the period during which, following notice, the agency may disapprove board of directors or senior executive officer appointments by such institutions or companies. (Sec. 211) Amends the Depository Institutions Management Interlocks Act to revise the prohibition on dual service of management officials to raise the asset-size thresholds of the depository institutions or depository holding companies to which the prohibition applies. Authorizes Federal banking regulatory agencies to adjust such thresholds for inflation. Repeals the 20-year exemption from the dual service prohibition for certain grandfathered directors and management officials (thus permitting them to continue their dual service permanently). Repeals the requirement that each appropriate Federal depository institutions regulatory agency: (1) review according to prescribed criteria the petition of a management official to serve in more than one position (interlocking directorate); and (2) determine whether continuation of such dual service produces an anti-competitive effect. Repeals the criteria governing regulatory approval of management interlocks. (Sec. 212) Amends the FRA to exempt from its proscription against preferential terms in credit extensions to executive officers, directors, or principal shareholders (insider lending) any credit extensions made pursuant to a benefit or compensation program widely available to employees of the member bank. Includes such credit extensions in the Board's authority to waive the proscription against such preferential terms for certain executive officers and directors of controlling nonbank affiliates. Repeals the reporting requirement that: (1) an executive officer of a member bank indebted to another bank submit a written report of such debt to the member bank's board of directors; and (2) a member bank include in its statutory condition of report all loans made since its previous report. Amends the FDIA to repeal Federal banking agency authority to require banks to disclose credit extensions made to their executive officers or principal shareholders. Amends the Bank Holding Company Act Amendments of 1970 to repeal the requirement that bank executive officers and stockholders who own more than a ten percent controlling interest report to the bank's board of directors regarding any credit extensions made to them by a bank maintaining a correspondent account. (Sec. 213) Amends the Federal Financial Institutions Examination Council Act of 1978 to abolish the Appraisal Subcommittee. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to transfer the functions of the Appraisal Subcommittee to the Federal Financial Institutions Examination Council. (Sec. 214) Amends the FDIA to exclude automated teller machines and specified bank branches from the definition of "banking branch" (thus exempting them from Federal bank closure notification requirements). Makes such exemption retroactive to the effective date of the Federal Deposit Insurance Corporation Improvement Act of 1991. (Sec. 215) Amends the International Banking Act of 1978 to replace the Board's authority to order a foreign bank to terminate its branch activities in the United States with authority to recommend to the appropriate Federal or State bank official that such branch's license be terminated. Revises the examination guidelines for foreign banks to: (1) direct the Board to rely upon reports of examinations made by the Comptroller of the Currency, the Federal Deposit Insurance Corporation (FDIC), and State bank supervisors (currently the Board coordinates such examinations); and (2) subject a foreign bank to the same on-site examination schedules and cost-of-examination assessments as are imposed upon U.S. banks. Modifies procedural guidelines for Board review of foreign bank applications to establish a U.S. presence. Subtitle B: Eliminating Unnecessary Costs and Paperwork Burdens - Amends the FDIA to: (1) expand from 18 months to 24 months the discretionary timeframe for mandatory on-site examinations of certain small-sized depository institutions; and (2) increase from $175 million to $250 million the asset-size ceiling on the meaning of "small depository institution" which Federal banking agencies may in their discretion determine for examination purposes. (Sec. 222) Amends the Right to Financial Privacy Act to require a Government authority to reimburse a financial institution for assembling or providing financial records pertaining to corporate customers. (Sec. 223) Directs the Federal Financial Institutions Examinations Council, and each Federal banking agency represented on it, to review and report to the Congress on Federal banking regulations at least every ten years to identify unnecessary regulatory requirements imposed upon insured depository institutions.Requires the Council or the pertinent banking agency to eliminate unnecessary regulations to the extent appropriate. Subtitle C: Eliminating Unnecessary Reporting Requirements - Amends the Community Reinvestment Act of 1977 (CRA) to prohibit the imposition upon financial institutions of: (1) recordkeeping requirements that do not result in eliminating, streamlining or reducing regulatory burdens upon the institutions; or (2) loan data collection and reporting requirements. Prohibits public disclosure of loan data by any Federal financial supervisory agency. (Sec. 232) Amends the Federal Home Loan Bank Act (FHLBA) to exempt financial institutions meeting specified criteria from its community support requirements. (Sec. 233) Amends Federal monetary law to: (1) reduce mandatory identification procedures for monetary transactions; and (2) repeal identification reporting requirements regarding certain financial institution customers of depository institutions. (Sec. 235) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to repeal the mandate that: (1) insured depository institutions include information on small businesses and small farm lending in their annual reports of condition; and (2) the Board publish annually information on credit availability to small businesses. (Sec. 236) Amends the Home Mortgage Disclosure Act of 1975 to increase from $10 million to $50 million the maximum asset-size of institutions exempt from its purview. Authorizes the Board to exempt from the Act's disclosure requirements institutions whose asset-size is at least $50,000000 if the burden of compliance outweighs the usefulness of the requisite information. Declares that a depository institution shall be deemed to have satisfied the public availability requirements with respect to its mortgage loan transactions if its branch offices provide notice of the availability upon request of such information from the home office. (Sec. 237) Amends FDIA guidelines governing a change in control of insured depository institutions to repeal mandatory reporting by financial institutions (or affiliates) of any loans secured by 25 percent or more of any class of shares of an insured depository institution (stock loans). Subtitle D: Regulatory Micromanagement - Amends the Revised Statutes regarding national banking association director qualifications to extend to all such associations the Comptroller of the Currency's authority to waive citizenship requirements for a minority of the association's directors. Allows the Comptroller to waive State residency requirements. (Sec. 242) Sets a deadline by which each Federal banking agency and the National Credit Union Administration Board must eliminate regulations which require insured depository institutions and credit unions to produce unnecessary internal written policies. (Sec. 243) Amends the FDIA to increase the number of members of the FDIC Board of Directors from five to six. Mandates that one director be appointed from among individuals serving as State bank commissioners or supervisors. Limits such appointment to a single two-year term served without compensation. Limits eligibility to serve as Chairperson or Vice Chairperson of the FDIC Board to residentially appointed directors. Title III: Regulatory Impact on Cost of Credit and Credit Availability - Subtitle A: Lowering Compliance Costs to Promote Credit Availability - Amends FDIA guidelines for improved accountability in financial management to: (1) eliminate the use of an independent public accountant to detect and report violations of law by an insured depository institution or depository institution holding company; (2) alter independent audit committee composition from one composed entirely of outside directors independent of institution management, to one composed of a majority of such independent directors; and (3) require each appropriate Federal banking agency to exempt from the independent audit committee requirement any insured depository institution that has encountered hardships in retaining competent directors on such committee. (Sec. 302) Amends the Equal Credit Opportunity Act and the Fair Housing Act to prohibit an enforcing agency from acquiring or using reports generated by any creditor-conducted review of lending operations to determine compliance with such Acts (thereby encouraging creditors to self-test for compliance with the Acts). (Sec. 303) Amends the Home Owners' Loan Act to revise the exemption from certain non-qualified thrift lender restrictions of specialized savings associations serving transient military personnel to repeal a specified requirement with respect to the association's savings and loan holding company. (Sec. 304) Repeals Federal savings association (association) authority to issue credit cards or engage in credit card operations. Permits an association to deal in credit card loans or education loans without being subject to a percentage-of-assets limitation. Raises from ten percent to 20 percent the percentage-of-assets-limitations ceiling placed upon commercial and agricultural loans offered by an association. Restricts loan amounts exceeding ten percent of an association's total assets to loans made to small businesses. Repeals the five-percent-of-assets loan restriction upon education loans offered by an association. Expands the scope of "qualified thrift lender" to include a domestic building and loan association. Redefines "qualified thrift investment" to cover, as assets includible without limit, educational loans, small business loans, and loans made through credit cards or credit card accounts. Removes the ten-percent-of-assets loan restriction placed upon certain personal, family, household or education loans. (Sec. 305) Amends the FRA, with respect to regulations governing payment system risk or intraday credit, to: (1) require them to include net debit caps appropriate to the credit quality of each Federal Home Loan (FHL) Bank (together with normal fees for daylight overdrafts); or (2) exempt FHL Banks from such regulations. (Sec. 306) Amends the FHLBA to: (1) revise the location requirements for FHL Banks to provide for membership-based-on-convenience; (2) mandate that the FHL Banks contract annually for an annual audit with a single auditor; and (3) preclude the Board from participation in any audit or audit contracting process (other than to establish contract and accounting requirements). (Sec. 308) Amends the BHCA to lift the growth cap restrictions placed upon banks controlled by certain bank holding companies not statutorily treated as bank holding companies. Subtitle B: Disincentives to Risk-Taking - Amends the FDIA and the Federal Credit Union Act to: (1) reinstate the requirement of a showing of irreparable and immediate harm as a prerequisite to attachment of assets and other injunctive relief when the FDIC or the National Credit Union Administration Board acts as conservator or receiver; and (2) confer oversight authority to prohibit removal of assets in cease and desist proceedings if it results in immediate and irreparable harm. Subtitle C: Miscellaneous Nonsupervisory Reforms - Amends the TLA to hold a cardholder liable for unauthorized use of a credit card if the liability exceeds $50 and the cardholder fails to timely notify the card issuer of any unauthorized transaction that appears on the account statement. Amends the Electronic Fund Transfer Act to raise from $50 to $500 a cardholder's liability for unauthorized electronic fund transfers if the cardholder substantially contributed to the unauthorized transfer, including writing on or keeping with the card or other means of access a personal identification or other security code.
Resolution· SRESS.Res. 97 (104th)passed
United States · United States Congress · 30 March 1995
Urges the executive branch to: (1) reiterate to the claimants in the South China Sea that the United States does not take a position on any individual claim; and (2) declare the active support of the United States for the 1992 Manila Declaration of the Association of South East Asian Nations. Calls upon all the claimants: (1) to observe the Declaration's provisions; (2) refrain from using military force to assert or expand territorial claims in the South China Sea; and (3) scrupulously observe the January 1995 status quo ante pending any negotiations or resolution of the conflicts between such claimants over such claims.
Bill· HRH.R. 1365 (104th)open
United States · United States Congress · 30 March 1995
Authorizes the Secretary of the Navy to transfer to the Secretary of Veterans Affairs specified real property located adjacent to the Calverton National Cemetery in Calverton, New York, to be used as an addition to such Cemetery.