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Bill· SS. 1301 (104th)open
United States · United States Congress · 10 October 1995
Amends the Goals 2000: Educate America Act (Goals 2000) to eliminate the National Education Standards and Improvement Council (the Council). Eliminates the requirement that the National Education Goals Panel review and approve model or national content standards, national student performance standards, or national opportunity-to-learn standards. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants. Revises Goals 2000 provisions for State improvement plans to eliminate Federal requirements with respect to: (1) the composition, duties, and procedures of the broad-based State panel which is to develop such plans in cooperation with the State educational agency and the Governor; (2) establishment of opportunity-to-learn standards and strategies; and (3) peer review and approval by the Secretary of Education of such plans and their amendments. Revises provisions for the Secretary's review of State educational agency applications for Goals 2000 funds to eliminate certain conditions of approval. Revises provisions for Goals 2000 subgrants for local reform and professional development to eliminate certain requirements with respect to local panel appointments, composition, and procedures in developing local plans. Authorizes the Secretary to bypass any State that does not participate in the Goals 2000 program and use its allotment to award competitive grants to local educational agencies in such State with applications approved by the Secretary. Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.
Bill· SS. 1299 (104th)referred
United States · United States Congress · 10 October 1995
TABLE OF CONTENTS: Title I: Taxpayer Bill of Rights 2 Subtitle A: Taxpayer Advocate Subtitle B: Modifications to Installment Agreement Provisions Subtitle C: Interest Subtitle D: Joint Returns Subtitle E: Collection Activities Subtitle F: Information Returns Subtitle G: Modifications to Penalty for Failure to Collect and Pay Over Tax Subtitle H: Awarding of Costs and Certain Fees Subtitle I: Other Provisions Subtitle J: Form Modifications; Studies Title II: Increase of Deduction for Health Insurance Costs of Self-Employed Individuals Title III: S Corporation Reform Act of 1995 Subtitle A: Eligible Shareholders of S Corporation Subtitle B: Qualification and Eligibility Requirements for S Corporations Subtitle C: Taxation of S Corporation Shareholders Subtitle D: Effective Date Title IV: Pension Simplification Subtitle A: Simplification of Nondiscrimination Provisions Subtitle B: Targeted Access to Pension Plans for Small Employers Title V: Estate Tax Exclusion for Family-Owned Business Title VI: Spending Reductions Bringing Opportunity to Our Small Business and Taxpayers (BOOST) Act - Title I: Taxpayer Bill of Rights 2 - Taxpayer Bill of Rights 2 - Subtitle A: Taxpayer Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayer Advocate, headed by the Taxpayer Advocate, to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. (Sec. 1011) Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayer Advocate. Replaces the Office of the Ombudsman with the Office of the Taxpayer Advocate. (Sec. 1012) Revises the terms of a Taxpayer Assistance Order to: (1) allow the Order to require the Secretary of the Treasury to act within a specified time period; and (2) require the Secretary to take certain actions (currently, only to cease or refrain from taking certain actions). Subtitle B: Modifications to Installment Agreement Provisions - Grants certain taxpayers the right to an installment agreement for the payment of tax liability less than $10,000. (Sec. 1022) Suspends any penalties during the period the installment agreement is in effect. (Sec. 1023) Requires prior notification, with explanation, to taxpayers before termination of an installment agreement to pay a tax liability, or before denial of a taxpayer request for such an agreement. (Sec. 1024) Provides for administrative review of denials of requests for, or terminations of, installment agreements. Subtitle C: Interest - Limits to unreasonable error only the Secretary of the Treasury's authority to abate interest in the case of an assessment due on deficiencies attributable to errors of an Internal Revenue Service (IRS) officer or employee. Repeals the Secretary's authority to abate interest on deficiencies attributable to errors or delays in IRS performance of a ministerial act. Mandates abatement of interest in such circumstances for certain parties prevailing in tax actions against the United States, including a party with a net worth of less than $2 million. (Sec. 1032) Extends from ten to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Subtitle D: Joint Returns - Allows an individual no longer married to or residing in the same household as another individual with whom the first has filed a joint tax return to request disclosure of any attempts to collect deficiencies from the other joint filer. (Sec. 1042) Repeals the requirement that a joint return filed by eligible individuals after the filing of separate returns be accompanied or preceded by full payment of the tax shown upon such joint return. Subtitle E: Collection Activities - Authorizes the Secretary, in certain circumstances, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary to provide a copy of such notice of withdrawal to the taxpayer and, at the taxpayer's request, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. (Sec. 1053) Requires prior notification, with certain exceptions, to the taxpayer that the taxpayer is under examination and an explanation of the process. (Sec. 1054) Increases from $100,000 to $1 million the dollar limit on the recovery of civil damages for unauthorized collection actions. (Sec. 1055) Revises standard of review and notice requirements for issuance with respect to a designated summons. Subtitle F: Information Returns - Requires payee statements to provide the phone number of the person providing such statements. (Sec. 1062) Establishes civil damages for the fraudulent filing of information returns. (Sec. 1063) Places the burden of proof about such income upon the Secretary, in any court proceeding where a taxpayer asserts a reasonable dispute with respect to income reported on an information return filed by a third party, unless the Secretary has conducted a reasonable investigation to corroborate the information return's accuracy. Subtitle G: Modifications to Penalty for Failure to Collect and Pay Over Tax - Establishes preliminary notice requirements with respect to penalties for failure to collect and pay over tax, or attempt to evade or defeat tax. (Sec. 1072) Directs the Secretary to: (1) disclose certain information, upon request, to liable persons where more than one person is liable for such a penalty; and (2) ensure that IRS employees are aware of their responsibilities under the tax depository system, the circumstances under which they may be liable for such penalties, and their responsibility to report promptly any violations subject to such penalties. (Sec. 1073) Exempts from such penalties unpaid, volunteer board members of tax-exempt organizations whose role is honorary, who do not participate in the organization's daily operations, and who do not have actual knowledge of the failure on which such penalties are imposed. Subtitle H: Awarding of Costs and Certain Fees - Authorizes a taxpayer who substantially prevails on a claim to file a motion for an order requiring the disclosure of all information and copies of relevant records in the possession of the IRS regarding such taxpayer's case and the substantial justification for the position taken by the IRS. (Sec. 1082) Increases the limit on attorney's fees. (Sec. 1083) Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Subtitle I: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. (Sec. 1092) Sets forth provisions regarding: (1) treatment of substitute returns prepared by the Secretary with respect to penalties for a taxpayer's failure to file a tax return or to pay tax; (2) prospective application only of Treasury Department regulations; and (3) a required notice to the taxpayer of payments that the Secretary cannot associate with any outstanding tax liability of the taxpayer. (Sec. 1095) Authorizes a taxpayer to bring a civil damage suit against the United States if any U.S. officer or employee intentionally compromises the determination or collection of any tax due from an attorney, certified public accountant (CPA), or enrolled agent representing a taxpayer in exchange for information conveyed by the taxpayer for purposes of obtaining advice concerning tax liability (unauthorized enticement of information disclosure), except where conveyed for the purpose of perpetrating a fraud or crime. Subtitle J: Form Modifications; Studies - Chapter 1: Form Modifications - Directs the Secretary to: (1) take steps to ensure that taxpayers are aware of provisions of the Internal Revenue Code permitting payment of tax in installments, extensions, and compromises of tax liability; (2) provide improved procedures for taxpayers to notify the Secretary of changes in names and addresses; and (3) include in the IRS publication entitled "Your Rights As a Taxpayer" a section on the rights and responsibilities of divorced individuals. Chapter 2: Studies - Directs the Secretary to: (1) establish a one-year pilot program for appeals of certain enforcement actions to the Appeals Division of the IRS; (2) study ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with the internal revenue laws; and (3) report to the congressional tax-writing committees on the IRS's taxpayer-rights education program and on all cases involving complaints about misconduct of IRS employees. (Sec. 1115) Requires the Comptroller General to conduct: (1) a study on IRS efforts to notify taxpayers of tax deficiencies; and (2) annual studies of the accuracy of 25 of the most commonly used IRS forms, notices, and publications. Title II: Increase of Deduction for Health Insurance Costs of Self-Employed Individuals - Revises the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent; and (2) increase the applicable percentage of deduction from 25 percent to 100 percent by 1997. Title III: S Corporation Reform Act of 1995 - S Corporation Reform Act of 1995 - Subtitle A: Eligible Shareholders of S Corporation - Chapter 1: Number of Shareholders - Increases from 35 to 50 the maximum number of shareholders of an S corporation (electing small business corporation). Allows members of a family to be treated as one shareholder. Chapter 2: Persons Allowed as Shareholders - Allows the following entities to be shareholders of S corporations: (1) certain tax-exempt organizations, including qualified pension, profit-sharing, and stock bonus plans; (2) nonresident aliens; and (3) certain small business trusts. Chapter 3: Other Provisions - Extends from 60 days to two years the post-death qualification for certain trusts to be permitted as shareholders. Subtitle B: Qualification and Eligibility Requirements for S Corporations - Chapter 1: One Class of Stock - Allows an S corporation to issue qualified preferred stock. (Sec. 3202) Permits financial institutions to hold safe harbor debt. Chapter 2: Elections and Terminations - Revises the rules on inadvertent terminations by certain trusts of the election to be an S corporation. Authorizes the Secretary of the Treasury to treat certain late elections as timely and to provide an automatic waiver procedure for certain inadvertent terminations. (Sec. 3213) Expands the post-termination transition period until 120 days after a determination is made that the election had terminated in a prior year. (Sec. 3214) Repeals the characterization of excessive passive investment income as a termination event. Increases the tax imposed on such excessive income. Chapter 3: Other Provisions - Permits an S corporation to wholly own the stock of a subsidiary. (Sec. 3222) Provides for the treatment of distributions during loss years. (Sec. 3223) Provides for a consent dividend for S corporation elections to by-pass amounts in the accumulated adjustments account when making distributions. (Sec. 3224) Eliminates the rule treating an S corporation as an individual in its capacity as shareholder of another corporation for purposes of subchapter C. (Sec. 3225) Reduces an S corporation accumulate earnings and profits by the amount of its pre-1983 earnings and profits, if it was an S corporation for any taxable year beginning before January 1, 1983, and is so characterized for its first taxable year after December 31, 1995. (Sec. 3226) Allows S corporations to make charitable contributions of inventory and scientific property. (Sec. 3227) Repeals the requirement that partnership rules apply for fringe benefit purposes (thus making C corporation rules applicable). Applies to two-percent shareholders of S corporations the rules regarding deduction of health insurance costs of self-employed individuals. Subtitle C: Taxation of S Corporation Shareholders - Applies the exemption from the excise tax on pension plan prohibited transactions to plans providing benefits for S corporation shareholder-employees (as defined before the effective date of the Subchapter S Revision Act of 1982). (Sec. 3302) Treats losses on liquidations of S corporations as ordinary to the extent the loss does not exceed the ordinary income basis of S corporation stock in the shareholder's hands. Subtitle D: Effective Date - Makes this Act effective for taxable years beginning after December 31, 1995. Title IV: Pension Simplification - Pension Simplification Act of 1995 - Subtitle A: Simplification of Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, and related purposes. Makes such an employee one who is a five-percent owner, has compensation from the employer in excess of $80,000 (currently, $75,000, or in some instances $50,000), or was the most highly compensated officer of the employer. Provides a special rule where no employees meet those criteria. Defines "participant's compensation" and "compensation" for purposes of specified provisions. Subtitle B: Targeted Access to Pension Plans for Small Employers - Allows a current year business credit for small employer pension plan qualified start-up costs. (Sec. 4012) Modifies certain simplified employee pensions with respect to allowable participants and participation requirements. (Sec. 4013) Prohibits treating a plan as a top-heavy plan if the employer has no highly compensated employees by reason of specified provisions. (Sec. 4014) Prohibits any proposed regulation relating to qualified pension plans from taking effect unless it includes provisions to address the special needs of small employers. Title V: Estate Tax Exclusion for Family-Owned Business - American Family-Owned Business Act - Excludes from the gross estate specified portions of the adjusted value of the qualified family-owned business interests of the decedent. Title VI: Spending Reductions - Spending Reductions Act of 1995 - Limits spending in FY 1996 to: (1) $105 billion for service contracts; (2) $1 billion for federally funded research and development centers at the Department of Defense; and (3) $3.5 billion for the foreign military financing program.
Bill· SS. 1295 (104th)referred
United States · United States Congress · 29 September 1995
Prohibits the Secretary of Health and Human Services and any other Federal official from: (1) regulating the use of tobacco or tobacco products by the National Association of Stock Car Automobile Racing or other professional motor sports association under the Federal Food, Drug, and Cosmetic Act; (2) taking any action with respect to tobacco, tobacco products, or tobacco advertising used by such associations under the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health and Education Act of 1986; and (3) enforcing any related executive order. States that nothing in this Act or any other Act shall provide the Food and Drug Administration with any tobacco-related regulatory authority.
Resolution· SRESS.Res. 179 (104th)passed
United States · United States Congress · 29 September 1995
Requires the Senate and the House of Representatives to assemble in the Hall of the House on October 11, 1995, to remember the veterans and those who served on the home front in closing the commemoration of the 50th Anniversary of World War II. Designates November 4 through 11, 1995, as a Week of National Remembrance and the Closing of the 50th Anniversary of World War II. Calls for National Days of Prayer on November 4 through 5, 1995, and a World War II Education Day across America on November 8, 1995. Requires commemorations during such week to include the dedication of the future site of the Nation's World War II Memorial in Washington, D.C. Designates Veterans Day, November 11, 1995, as a "National Day of Observance and Celebration of the 50th Anniversary of World War II. Urges each State Governor and chief executive of political subdivisions of each State to issue a proclamation calling upon citizens to participate on November 11, 1995, at 11 o'clock a.m. in the ringing of the Bells of Peace and Freedom 50 times to signify the 50 years without a world war and the world's hope to achieve another 50 years of peace and freedom.
Bill· HRH.R. 2425 (104th)open
United States · United States Congress · 29 September 1995
TABLE OF CONTENTS: Title XV (sic): Medicare Subtitle A: MedicarePlus Program Subtitle B: Preventing Fraud and Abuse Subtitle C: Regulatory Relief Subtitle D: Medical Liability Reform Subtitle E: Teaching Hospitals and Graduate Medical Education Subtitle F: Provisions Relating to Medicare Part A Subtitle G: Provisions Relating to Medicare Part B Subtitle H: Provisions Relating to Medicare Parts A and B Subtitle I: Clinical Laboratories Title XV (sic): Medicare - Medicare Preservation Act of 1995 - Subtitle A: MedicarePlus Program - Amends titles XI and XVIII (Medicare) of the Social Security Act (SSA) and the Internal Revenue Code, restructuring the current Medicare program, creating a new MedicarePlus program within it, with certain organizational changes involving the Health Care Financing Administration (HCFA) as well, while also providing for corresponding tax treatments involving MedicarePlus medical savings accounts (MSAs) and other MedicarePlus- related matters. (Sec. 15001) Gives individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance) the opportunity to elect Medicare coverage during annual, coordinated election periods under either the new MedicarePlus benefit package or through the existing fee-for- service system under such parts. Includes in the MedicarePlus benefit package a high ($10,000) deductible-medisave product plus contributions to MedicarePlus MSAs, as well as separate fee-for- service products and products offered under certain provider- and union-sponsored plans by qualified MedicarePlus organizations. Directs the Secretary to provide for a nationally coordinated educational and publicity campaign to inform individuals who are eligible to elect MedicarePlus products about them and the election processes provided under this subtitle. (Sec. 15002) Requires qualified MedicarePlus organizations (except those with union sponsors, Taft-Hartley sponsors, or provider sponsors) to be licensed under State law in each State in which they offer a MedicarePlus product. Requires such organizations to assume full financial risk on a prospective basis for the provision of health care services (other than hospice care). Allows an organization to obtain insurance in specified circumstances. Sets forth requirements relating to benefits, provision of services (including limited physician incentive plans), enrollment, and premiums. Specifies patient protection standards, including those for information disclosure, access to services, out-of-network services, mandatory quality assurance programs, coverage determinations, grievances, appeals, and fair marketing procedures. Prescribes policy for payments to MedicarePlus organizations, including monthly adjusted capitation rates, and payments to the MedicarePlus MSAs of individuals electing high deductible-medisave products. Requires the Secretary of Health and Human Services to request the National Association of Insurance Commissioners to develop proposed standards consistent with this Act for Medicareplus organizations (other than union-sponsored, Taft-Hartley-sponsored, and provider- sponsored organizations) and their MedicarePlus products. Requires the Secretary to review and promulgate such standards, with any appropriate modifications. Requires the Secretary to develop standards for union sponsors, Taft-Hartley sponsors, and provider- sponsored organizations. Mandates State certification processes, subject to the Secretary's approval, for State-regulated organizations. Requires the Secretary to establish a certification process for union sponsors, Taft-Hartley sponsors, and provider-sponsored organizations. Requires MedicarePlus organizations to contract with the Secretary, subject to specified requirements. (Sec. 15003) Revises Medicare supplemental health insurance policy certification requirements concerned with the unlawful duplication of health benefits coverage, adding appropriate references to MedicarePlus products and making such provisions effective as if enacted as part of the Omnibus Budget Reconciliation Act of 1990, among other changes. Requires a report by the Secretary to the Congress on certain duplication issues. (Sec. 15004) Sets forth transition rules for current Medicare health maintenance organization (HMO) programs. (Sec. 15011) Amends the Internal Revenue Code to exclude from an individual's gross income any Federal payment to his or her MedicarePlus MSA, but include any MSA distribution not used to pay the account holder's qualified medical expenses. Excludes the value of such an MSA from the account holder's gross estate. Exempts an account holder from the excise tax on prohibited transactions even if an MSA ceases to be a MedicarePlus MSA because a distribution was not used to pay qualified medical expenses. (Sec. 15012) Amends the Internal Revenue Code to exclude from gross income any Medicare Part B premium discount rebate. (Sec. 15021) Declares that, in any Federal or State antitrust action, to conduct of a provider service network (and any member of such network) in negotiating, making, or performing a contract, to the extent such contract is for providing services under a MedicarePlus provider-sponsored organization (PSO) contract, shall not be illegal per se. Subjects such conduct to the antitrust rule of reason standard. (Sec. 15031) Amends SSA title XVIII to establish the Medicare Payment Review Commission (replacing the Prospective Payment Assessment Commission (ProPAC) and the Physician Payment Review Commission (PPRC), hereby abolished) which shall, among other things, review program payment policies (including those under the new MedicarePlus program) for appropriate recommendations to the Congress concerning such policies. Authorizes appropriations. (Sec. 15032) Creates the Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately 2010 and last for approximately 25 years; and (2) make specific recommendations to the Congress about a comprehensive approach to preserve Medicare for the period during which such individuals are Medicare-eligible. Authorizes appropriations. (Sec. 15033) Amends SSA title XI to make the appointment of the Health Care Financing Administration (HCFA) Administrator a secretarial, as opposed to a presidential, appointee. Subtitle B: Preventing Fraud and Abuse - Outlines various specified measures designed for preventing fraud and abuse under the Medicare program, including among them: (1) special outreach and other efforts by the Secretary which include establishing a beneficiary incentive program for collecting information on fraud and abuse under Medicare and a voluntary disclosure program for Medicare violators to disclose wrongdoing (for which sanctions may then be waived or otherwise mitigated); (2) revisions to current sanctions which include new intermediate sanctions for Medicare HMO violations; (3) establishment of the Medicare Integrity Program and associated Anti-Fraud and Abuse Trust Fund for contracting out to private entities specified anti-fraud and abuse activities; (4) permitting carriers to carry out prior authorization for certain items of durable medical equipment; (5) establishment by the Attorney General of a Health Care Anti-Fraud Task Force within the Department of Justice to prosecute health care fraud offenses; and (6) an HCFA-sponsored study of the adequacy of quality assurance and consumer protection programs under MedicarePlus for a report to the Congress. Provides appropriations from the Anti-Fraud and Abuse Trust Fund to carry out the Medicare Integrity Program. Subtitle C: Regulatory Relief - Amends SSA titles XI and XVIII, as well as the Omnibus Budget Reconciliation Act of 1993, to outline various specified revisions to Medicare physician referral prohibitions and anti-kickback and other penalties for the purpose of achieving Medicare regulatory relief. (Sec. 15201) Includes among such revisions: (1) removal of compensation arrangements from the proscribed financial arrangements between a physician and any entity to which he or she may refer a Medicare beneficiary (thus limiting proscribed financial arrangements to an ownership or investment interest in the entity); (2) limitation of the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services; (3) repeal of mandate for the Medicare and Medicaid Coverage Data Bank; and (4) the issuance of advisory opinions under SSA title XI. (Sec. 15204) Revises exceptions to the prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of- service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services and services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility. (Sec. 15214) Directs the Secretary to publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors; (2) additional safe harbors; and (3) special fraud alerts. Requires publication of such proposals in the Federal Register and issuance of final implementing rules by the Secretary as appropriate after consideration of any public comments received. (Sec. 15216) Provides for prior notice of changes in billing and claims processing requirements for physicians' services. (Sec. 15221) Outlines various specified measures designed to promote physician self-policing, including antitrust exemption for certain activities of medical self-regulatory entities. Subtitle D: Medical Liability Reform - Outlines various specified measures with respect to health care liability, including, among other things, changes establishing: (1) a statute of limitations for health care liability actions; (2) a limitation on noneconomic damages; and (3) standards for alternative dispute resolution used to resolve such an action or claim. (Sec. 15301) Exempts from this subtitle an action for damages arising from a vaccine-related injury or death to the extent that the Public Health Service Act applies. Subtitle E: Teaching Hospitals and Graduate Medical Education - Adds a new SSA title XXII (Teaching Hospitals and Graduate Medical Education Trust Fund) establishing in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund, consisting of the Indirect-Costs Medical Education Account, the Medicare Direct-Costs Medical Education Account, and the General Direct-Costs Medical Education Account. Prescribes requirements: (1) governing payments from such trust fund to teaching hospitals; and (2) providing for a temporary advisory panel which shall develop recommendations to the Congress with regard to the financing of teaching hospitals and graduate medical education, Federal policies regarding international medical graduates, and the dependence of medical schools on service- generated income. Authorizes appropriations. (Sec. 15412) Modifies payment policies under Medicare regarding graduate medical education. Subtitle F: Provisions Relating to Medicare Part A - Outlines various specified technical revisions in Medicare Part A rural and urban hospital and skilled nursing facility payment requirements, providing for various reductions in payment updates, disproportionate share payment adjustments, and other specified adjustments and payment-related changes. Includes chiefly among such technical revisions: (1) a reduction in payments to hospitals for enrollees' bad debts; (2) establishment of the rural emergency access care hospital program; (3) establishment of a program of incentives for cost-effective management of covered non-routine services of skilled nursing facilities; and (4) standards for the certification of skilled nursing facilities. (Sec. 15507) Makes permanent the pass-through payment to hospitals with respect to the costs of administering blood-clotting factors to hemophilia inpatients. (Sec. 15508) Provides for coverage as hospitals and skilled nursing facilities of Christian Science sanatoria certified by the Commission for Accreditation of Christian Science Nursing Organizations-Facilities, Inc. (Sec. 15511) Requires the Medicare Payment Review Commission established by this Act to study and report to the Congress on the impact of the designation of hospitals as sole community hospitals under the Medicare program on the delivery of health care services to individuals in rural areas. (Sec. 15527) States that, in order to ensure that Medicare beneficiaries are furnished appropriate extended care services, the Secretary shall establish and implement a medical review process to examine the effects of the amendments made by this subtitle on the quality of extended care services furnished to Medicare beneficiaries. (Sec. 15528) Requires the Medicare Payment Review Commission to report to the Congress on the system under which payment is made under Medicare for extended care services of skilled nursing facilities. Subtitle G: Provisions Relating to Medicare Part B - Revises specified Medicare Part B requirements, among other things: (1) replacing the volume performance standard for payments for physicians' services with a sustainable growth rate; (2) eliminating formula- driven overpayments for certain outpatient hospital services; and (3) reducing updates to payment amounts for clinical diagnostic laboratory tests. Makes other specified payment changes similar in nature with regard to durable medical equipment, while also providing for a seven- year freeze in inflation updates in payments for ambulatory surgical center services. (Sec. 15607) Provides for payments for up to 80 percent of the reasonable costs of rural emergency access care hospital services. (Sec. 15611) Provides for permanent extension of the Medicare part B premium, with a new formula for monthly premiums higher than 50 percent of the monthly actuarial rate. (Sec. 15612) Provides for certain part B premium increases for individuals with modified adjusted gross incomes for a taxable year in excess of certain threshold amounts, or decreases if the actual modified adjusted gross income is less than the initially determined amount. Subtitle H: Provisions Relating to Medicare Parts A and B - Amends SSA title XVIII to provide for Medicare payment for home health services in accordance with various specified guidelines. (Sec. 15701) Includes payment for prosthetics and orthotics along with payment for durable medical equipment under Medicare part A. (Sec. 15702) Provides for maintaining savings resulting from a temporary freeze on payment increases for home health services, basing updates to per visit cost limits on the limits for FY 1993. (Sec. 15703) Amends the Omnibus Budget Reconciliation Act of 1986 to extend through FY 1996 the waiver of presumption of lack of knowledge of exclusion from coverage for home health agencies. (Sec. 15711) Provides, with regard to Medicare as secondary payer, for: (1) extension and expansion of existing requirements; (2) recovery against third party administrators of primary plans; and (3) prohibition of retroactive application (before April 24, 1995) of a certain policy directive regarding end stage renal disease beneficiaries enrolled in primary plans. (Sec. 15721) Specifies Medicare budget targets for FY 1997 through 2002, with a formula for determination of such targets in subsequent fiscal years. Requires adjustment in applicable payment rates or payments for items and services in a sector of Medicare services for a fiscal year if the fee-for-service expenditures for that sector will exceed its allotment ("failsafe budget mechanism"). Requires such adjustment to result in a reduction by 133 1/3 percent of the amount of such excess. Specifies the sectors of Medicare services, as well as the formula for determining each sector's fiscal year allotment. Requires an annual report by the Board of Trustees of the Federal Hospital Insurance Trust Fund on the growth in Medicare part A expenditures. Establishes the Medicare Information Advisory Committee, and requires the Secretary, with the Committee's assistance, to adopt standards for Medicare information transactions and data elements in order to reduce the administrative costs of providing and paying for health care, and to make Medicare information uniformly available for electronic exchange. (Sec. 15741) Provides that nothing in SSA title XVIII may be construed to prohibit coverage under Medicare part A or B of items and services associated with the use of a medical device in the furnishing of inpatient or outpatient hospital services (including outpatient diagnostic imaging services) solely on the grounds that the device is not an approved device, if it is an investigational device and is used instead of either an approved device or a covered procedure. States that the amount of Medicare payment for any item or service associated with the use of an investigational device may not exceed the amount of the payment which would have been made for the item or service if it were associated with the use of an approved device or covered procedure. (Sec. 15742) Excludes from Medicare coverage items or services used for euthanasia. Subtitle I: Clinical Laboratories - Amends the Public Health Service Act to exempt from certification requirements under such Act clinical laboratories in physician offices (except when performing pap smear analysis).
Bill· HRH.R. 2431 (104th)referred
United States · United States Congress · 29 September 1995
IRA Self-Loan Act - Amends the Internal Revenue Code to allow loans to be made or secured by an individual retirement account for first-time homebuyer expenses, education expenses, or medical emergency expenses. Limits such a loan amount to $50,000. Exempts such loans from the tax on prohibited transactions.
Bill· HRH.R. 2416 (104th)open
United States · United States Congress · 28 September 1995
Open Campus Police Logs Act of 1995 - Amends the Higher Education Act of 1965 (HEA) to require any higher education institution which participates in any student aid program under HEA title IV, and which maintains a police or security department, to keep a daily log of specified information about crimes which is open to public inspection.
Bill· HRH.R. 2414 (104th)referred
United States · United States Congress · 28 September 1995
Youth Smoking Prevention Act of 1995 - Declares that the Secretary of Health and Human Services does not have any authority under the Federal Food, Drug, and Cosmetic Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. Establishes the Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and tobacco products containing nicotine as a condition to the receipt by State of the Federal preventive health and health services block grant. Amends the Public Health Service Act to prohibit or reduce the amount of block grants for the prevention and treatment of substance abuse based on whether a State has a law prohibiting: (1) sale of tobacco or tobacco products to individuals under the age of 18; (2) purchase of those materials by such individuals; (3) use of false identification for the purchase of those materials; (4) sale of individual cigarettes and packages of fewer than 20 cigarettes; (5) operation of a vending machine dispensing such materials unless specified requirements are met; (6) use of unsupervised self-service displays; (7) distribution of free samples to such individuals; and (8) distribution through the mail to such individuals. Sets forth general requirements regarding the sale of such materials and related notice by the owner to the employees of a retail establishment. Prohibits engaging in the retail sale of cigarettes without a license issued by the State. Sets forth State responsibilities. Regulates billboard advertising. Prohibits the placement of a tobacco manufacturer's brand name or logo on any item marketed specifically to minors, including toys and video games. Allows use of amounts available under such block grants to enforce the laws described in this Act.
Bill· SS. 1278 (104th)open
United States · United States Congress · 27 September 1995
Authorizes the Secretary of Commerce to carry out an educational satellite loan guarantee program. Guarantees any lender against loss of principal or interest on a loan which is to be used solely to acquire and operate a communications satellite system dedicated to transmitting instructional programming. Restricts eligibility for such a loan to a non-Federal, nonprofit, public corporation: (1) whose sole purpose is to acquire and operate such a system; (2) whose governing board includes members representing elementary and secondary education, vocational and technical education, community and State colleges, and universities; (3) whose charter is designed for affiliation with State and local instructional institutions and agencies and other distance learning and instructional resource providers; and (4) which was in existence as of January 1, 1992. Requires such corporation, before such loan is guaranteed, to have: (1) investigated all practical means to acquire a communications satellite system; (2) reported its findings to the Secretary; and (3) recommended the most cost-effective, high-quality communications satellite system for the purposes of this Act. Sets forth limitations on the amount of guaranteed loans to acquire such system and to operate and manage it for up to three years. Requires the lender to assign rights and interests in such system to the United States upon payment of such loan guarantee. Authorizes appropriations.
Bill· HRH.R. 2405 (104th)referred
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: National Science Foundation Subtitle A: National Science Foundation Authorization Subtitle B: General Provisions Title II: National Aeronautics and Space Administration Subtitle A: General Provisions Subtitle B: Authorization of Appropriations Subtitle C: Miscellaneous Provisions Title III: Department of Energy Title IV: National Oceanic and Atmospheric Administration Subtitle A: Atmospheric, Weather, and Satellite Programs Subtitle B: Marine Research Subtitle C: Program Support Subtitle D: Streamlining of Operations Subtitle E: Miscellaneous Title V: Environmental Protection Agency Title VI: Technology Subtitle A: Technology Administration Title VII: United States Fire Administration Omnibus Civilian Science Authorization Act of 1995 - Title I: National Science Foundation - National Science Foundation Authorization Act of 1995 - Subtitle A: National Science Foundation Authorization - Authorizes appropriations to the National Science Foundation (NSF) for FY 1996 and 1997. (Sec. 114) Provides for reprogramming of appropriations. (Sec. 115) States that nothing in this title shall preclude additional FY 1996 authorization of appropriations for NSF. Subtitle B: General Provisions - Amends the National Science Foundation Act of 1950 to direct NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures. (Sec. 122) Requires NSF to submit to the Congress an annual upgrade and maintenance plan for national research facilities. (Sec. 123) Amends the Academic Research Facilities Modernization Act of 1988 to give research facility grant priority to institutions or consortia that have not received such funds in the preceding five years. (Sec. 124) Makes administrative amendments to the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, the National Science Foundation Authorization Act of 1988, and the Education for Economic Security Act. (Sec. 126) Requires certain research instrumentation and facilities guidelines to be incorporated into NSF grant notices. (Sec. 127) Subjects NSF temporary employees to the same financial disclosure requirements as apply to permanent employees. (Sec. 128) Requires an institution of higher education receiving NSF funds to grant a military-educational leave of absence to a student on active military duty (other than training). (Sec. 129) Prohibits the use of any funds authorized under this title from being used for any lobbying activity. (Sec. 130) Renames the Critical Technologies Institute as the Science Studies Institute. (Sec. 131) Requires NSF to consider the impact of a grant on undergraduate and graduate education before its award. (Sec. 132) Authorizes the Director of NSF to appoint up to six Assistant Directors. (Sec. 134) Excludes from NSF awards for five years any person who received project funds not subject to competitive merit-based awards. (Exempts persons who are members of a law-specified class.) Title II: National Aeronautics and Space Administration - Subtitle A: General Provisions - National Aeronautics and Space Administration Authorization Act, Fiscal Year 1996 - Sets forth definitions for purposes of this title. Subtitle B: Authorization of Appropriations - Chapter 1: Authorizations - Authorizes appropriations for the National Aeronautics and Space Administration (NASA) for: (1) human space flight; (2) science, aeronautics, and technology, including facilities construction; (3) mission support; and (4) the Inspector General. (Sec. 215) Limits the total NASA FY 1996 authorization of appropriations. (Sec. 216) Authorizes additional FY 1996 NASA appropriations for Mission to Planet Earth, subject to certain obligations and expenditure requirements. Chapter 2: Restructuring the National Aeronautics and Space Administration - Directs the Administrator of NASA to contract for an asset-based review of NASA. Prohibits closure of any NASA field centers prior to such review. Chapter 3: Limitations and Special Authority - Sets forth funds uses, limitations, and special authorities, including limitations on transfers to Russia. Subtitle C: Miscellaneous Provisions - Amends Federal law to include reentry vehicles and related launch operations within the scope of commercial space launch activities. (Sec. 242) Authorizes appropriations for the Office of Air and Space Commercialization. (Sec. 243) Requires independent cost analysis of specified NASA projects. (Sec. 244) Authorizes the Administrator to delay for up to five years unrestricted public disclosure of technical data developed by joint NASA-private sector research under specified conditions. (Sec. 245) Directs the Administrator to: (1) establish within the Office of Space Access and Technology a procurement demonstration program; and (2) coordinate a technology procurement initiative. (Sec. 246) Requires the Administrator to determine, prior to new facility construction or lease, that no existing NASA or other Federal facility is appropriate for the intended use. (Sec. 247) Directs NASA to purchase space science data from the private sector. (Sec. 248) Directs the Administrator to: (1) transmit to the Congress a report on Mission to Planet Earth; and (2) request proposals for a single prime contractor for the space shuttle program. (Sec. 251) Amends the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 to make the launch voucher demonstration program permanent. (Sec. 252) Directs the Administrator to provide for the privatization of NASA microgravity parabolic flight operations. (Sec. 253) Prohibits, with exceptions, NASA financial assistance to a person who received nonmerit-based Federal funding. (Sec. 254) Prohibits the use of funds authorized by this title for lobbying activities. (Sec. 256) Amends the Unitary Wind Tunnel Plan Act of 1949 to include hypersonic activities. Title III: Department of Energy - Department of Energy Civilian Research and Development Act of 1995 - Authorizes FY 1996 appropriations for Department of Energy: (1) energy supply research and development activities; (2) general science and research activities; (3) fossil energy research and development activities; and (4) energy conservation research and development activities. (Sec. 304) Sets forth funding limitations. (Sec. 306) Establishes requirements for: (1) funding assistance merit review; and (2) capital project and construction reporting. (Sec. 309) Directs the Secretary of Energy to enter into negotiations with the European Organization for Nuclear Research concerning U.S. participation in the planning and construction of the Large Hadron Collider. (Sec. 310) Prohibits any funds authorized by this title from being used for lobbying activities. (Sec. 311) Excludes from Department of Energy financial assistance for five years any person (subject to exception) who received Federal funds for a project that was not subjected to a competitive, merit-based award process. Title IV: National Oceanic and Atmospheric Administration - National Oceanic and Atmospheric Administration Authorization Act of 1995 - Subtitle A: Atmospheric, Weather, and Satellite Programs - Authorizes appropriations for the National Oceanic and Atmospheric Administration (NOAA) for: (1) National Weather Service (NWS) operations and research and public warning and forecast; (2) construction, repair, and modification regarding new and existing weather forecast offices; (3) climate and air quality research; (4) atmospheric research; (5) the Global Learning and Observations to Benefit the Environment (GLOBE) program; (6) satellite observing systems; (7) environmental data and information services. Repeals provisions of the Weather Service Modernization Act relating to: (1) restructuring of Weather Service field offices; (2) a Weather Service Modernization Transition Committee; and (3) a requirement, in developing a National Implementation Plan, to consult with that Committee and with public entities responsible for providing or using weather services. Subtitle B: Marine Research - Authorizes appropriations for NOAA for: (1) mapping and charting; (2) geodesy; (3) observation and prediction; (4) the Circulatory Survey Program; (5) ocean and earth science; (6) estuarine and coastal assessment; (7) the National Status and Trends Program, the Strategic Environmental Assessment Program, and the Hazardous Materials Response Program; (8) the Damage Assessment Program; and (9) the Coastal Ocean Program. (Sec. 422) Authorizes appropriations for NOAA for marine prediction research. Amends the National Sea Grant College Program Act to authorize appropriations to carry out provisions relating to: (1) program or project grants and contracts; (2) fellowships; and (3) administration of the National Sea Grant College Program. Revises the definition of "field related to ocean, coastal, and Great Lakes resources." (Sec. 423) Declares that it is the sense of the Congress that NOAA should expand its efforts to develop interagency agreements to further the use of defense-related technologies, data, and other resources to support its oceanic missions. Mandates a report to specified congressional committees on the feasibility of expanding the use of those resources for such purposes. Subtitle C: Program Support - Authorizes appropriations for NOAA for: (1) executive direction and administrative activities; (2) central administrative support; and (3) retired pay. Authorizes contracts for data or days-at-sea to fulfill NOAA missions of marine research, climate research, fisheries research, and mapping and charting services. Authorizes appropriations for NOAA for: (1) marine services; (2) aircraft services; and (3) facilities repairs and renovations. Subtitle D: Streamlining of Operations - Prohibits appropriating funds for 19 specified programs, centers, and activities, including: (1) the National Undersea Research Program; (2) the Fleet Modernization, Shipbuilding, and Construction Account; and (3) Regional Climate Centers. Mandates a report to specified congressional committees certifying that, by a specified date, all 19 will be terminated. Repeals provisions of: (1) the National Sea Grant College Program Act relating to marine policy fellowships; and (2) the Sea Grant Program Improvement Act of 1976 relating to the sea grant international program. Repeals the NOAA Fleet Modernization Act. (Sec. 442) Declares that, unless specifically authorized by Act of Congress, no funds are authorized to be appropriated for any fiscal year after FY 1996 for carrying out programs, projects, and activities for which funds are authorized by this Act. Limits the total dollar amounts: (1) authorized to be appropriated for FY 1996 by this or any other Act for NOAA for all activities associated with operations, research, and facilities; and (2) authorized to be used for NOAA travel and related expenses. (Sec. 443) Limits the number of commissioned officers on the active list of NOAA and decreases that limit in succeeding fiscal years, reaching zero after FY 1998. Authorizes related separations without separation pay. Subtitle E: Miscellaneous - Makes it unlawful for any unauthorized person to remove, move, damage, or interfere with any National Data Buoy Center weather data buoy. Provides for civil monetary penalties and rewards. (Sec. 452) Makes the Secretary of Commerce, through the NWS, responsible for: (1) forecasts, serving as the sole official source of weather warnings; (2) issuance of storm warnings; (3) collection, exchange, and distribution of meteorological, hydrological, climatic, and oceanographic data and information; and (4) preparation of hydrometeorological guidance and core forecast information. Prohibits the NWS from competing (or assisting other entities in competing) with the private sector when a service is or can be provided by commercial enterprise unless the private sector is unwilling or unable to provide the service and the service provides vital weather warnings and forecasts for the protection of lives and property of the general public. Removes existing provisions relating to the duties of the Secretary regarding weather forecasting. Modifies provisions relating to NWS appropriations and estimates. Mandates a report to specified congressional committees detailing all NWS activities not conforming to this paragraph and outlining a timetable for their termination. (Sec. 453) Provides for the disposition of all amounts received relating to the allision of the vessel Zachery into the NOAA vessel Discoverer. (Sec. 454) Excludes from consideration for NOAA financial assistance any person who received funds appropriated from any Federal funding source for a project that was not subjected to a competitive, merit-based award process. Makes this exclusion effective for a specified period after the person received the funds. Exempts from the exclusion members of a class specified by law for which assistance is awarded according to a formula provided by law. (Sec. 455) Prohibits funds authorized by this Act from being available for any activity whose purpose is to influence legislation before the Congress. (Sec. 456) Mandates a review and report to specified congressional committees on NOAA laboratories. Title V: Environmental Protection Agency - Environmental Research, Development, and Demonstration Authorization Act of 1995 - Authorizes appropriations to the Administrator of the Environmental Protection Agency (EPA) for FY 1996 for the Office of Research and Development for specified environmental research, development, and demonstration activities. Specifies that no funds are authorized to be appropriated for: (1) the Environmental Technology Initiative, the Climate Change Action Plan, or indoor air pollution research; (2) carrying out programs and activities after FY 1996; or (3) carrying out activities in FY 1996 for which sums are not specifically authorized to be appropriated by this title. (Sec. 504) Directs the Administrator to assign to the Assistant Administrator for Research and Development the duties of: (1) developing a strategic plan for scientific and technical research activities throughout EPA; (2) integrating that strategic plan into ongoing EPA planning activities; and (3) reviewing all EPA research to ensure the research is of high quality and does not duplicate any other research being conducted by EPA. Directs the Assistant Administrator to report annually to the Administrator and specified congressional committees on EPA research that is duplicative or not of sufficiently high quality. (Sec. 505) Prohibits the use of funds authorized by this title for lobbying activities. (Sec. 506) Requires the Administrator to exclude from consideration for awards of financial assistance made by the Office after FY 1995 persons who received funds appropriated for a fiscal year after FY 1995 from any Federal funding source for a project that was not subjected to a competitive, merit-based award process. Makes the exclusion effective for a five-year period after the person receives such funds. Exempts awards to persons who are members of a class specified by law for which assistance is awarded according to a prescribed formula. (Sec. 507) Requires the Administrator to ensure that any graduate fellowship award to a student selected after the enactment of this Act is used only to support research that would further missions of the Office in fields in which there exists or is projected to exist a shortage in the number of scientists. Title VI: Technology - Subtitle A: Technology Administration - American Technology Advancement Act of 1995 - Authorizes appropriations to the Secretary of Commerce for: (1) the Office of the Under Secretary for Technology - Office of Technology Policy; and (2) the National Institute of Standards and Technology (NIST). (Sec. 603) Amends the National Institute of Standards and Technology Act to: (1) increase National Institute of Standards and Technology Visiting Committee membership from nine members to 15 members; (2) authorize certain transportation services; and (3) increase the size of the postdoctoral program. (Sec. 604) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to: (1) eliminate the Secretary of Commerce's authority to expand the Malcolm Baldrige National Quality Award categories; and (2) increase the maximum number of annual subcategory awards from two to four. (Sec. 605) Extends indefinitely a specified personnel management demonstration project under the National Bureau of Standards Authorization Act for Fiscal Year 1987. (Sec. 606) Amends the Fastener Quality Act with regard to heat mill certification, commingling, and minor nonconformance. (Sec. 607) Prohibits funds authorized by this title from being used for lobbying activities. (Sec. 608) Specifies that: (1) this title is the only authorization for all FY 1996 activities under this title; and (2) no funds are authorized for activities under this title after FY 1996 unless they are specifically authorized by Act of Congress with respect to such fiscal year. (Sec. 609) Makes a person who received a Federal noncompetitive nonmerit award after FY 1995 ineligible for financial assistance from the Under Secretary for Technology - Office of Technology Policy or NIST. (Exempts certain class-based awards.) (Sec. 610) Requires NIST to report to the Congress regarding conformity assessment implementation. (Sec. 611) States that this Act shall not preclude further authorization of appropriations for the Manufacturing Extension Partnerships program. Title VII: United States Fire Administration - Fire Administration Authorization Act of 1995 - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1996 and 1997. (Sec. 703) Prohibits Federal funds for Department of the Army housing unless it is protected by hard-wired smoke detectors by the earlier of the date of occupancy by the first Federal employees who were not occupants as of October 25, 1992, or October 25, 1998. (Sec. 704) Permits successor fire safety standards to be used as guidelines in addition to National Fire Protection Association (NFPA) Standard 74, NFPA Standard 13 or 13-R, or NFPA Standard 101 (Life Safety Code) for installation of hard-wired, single-station smoke detectors or automatic sprinkler systems in: (1) places of public accommodation affecting commerce; and (2) federally-assisted buildings. (Sec. 705) Requires the Administrator of the U.S. Fire Administration to report to the Congress: (1) at least 60 days in advance of the termination or transfer to a private sector entity of any significant function of the Administration; and (2) on the manner in which the Administration intends to implement the budgetary reduction represented by the difference between the amount appropriated to it for FY 1996 and the amount requested in the President's FY 1996 budget request.
Bill· HRH.R. 2411 (104th)referred
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: Grants to Encourage Establishment of Community Rural Health Networks Title II: Incentives for Health Professionals to Practice in Rural Areas Subtitle A: National Health Service Corps Program Subtitle B: Incentives Under Other Programs Title III: Assistance for Institutional Providers Subtitle A: Hospital-Affiliated Primary Care Centers Subtitle B: Assistance to Rural Providers Under Medicare Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education Title IV: Medicare Payment Methodologies Title V: Hospital Antitrust Fairness Title VI: Financing Rural Health Development Act - Title I: Grants to Encourage Establishment of Community Rural Health Networks - Mandates grants to a State to develop plans to increase health care access for residents of chronically underserved areas. Authorizes appropriations. (Sec. 102) Requires that funds be made available for technical assistance for certain entities seeking to establish or enhance a community rural health network in an underserved rural area. Authorizes appropriations. (Sec. 103) Mandates financial assistance for developing and implementing community rural health networks. Authorizes appropriations. Title II: Incentives for Health Professionals to Practice in Rural Areas - Subtitle A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. (Sec. 202) Mandates a study regarding possible modifications to the statutory and administrative criteria for the designation of health professional shortage areas. (Sec. 203) Amends the Public Health Service Act to modify priorities in assigning National Health Service Corp members. Requires that certain funds be reserved to ensure that a certain number of participants in the National Health Service Corps Scholarship Program are being educated as nurses. Subtitle B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act to mandate an incentive payment of 20 (currently, 10) percent for physician primary care services (currently, for physician services) in a health professional shortage area. Continues the incentive payments in an area for three years after withdrawal of the health professional shortage area designation. Mandates a study of the effectiveness of additional payments in recruiting and retaining physicians to provide services in such areas. (Sec. 212) Requires publication of a model State law to increase individuals' health care access in underserved rural areas by expanding the services which non-physician health care professionals may provide in such areas. Title III: Assistance for Institutional Providers - Subtitle A: Hospital-Affiliated Primary Care Centers - Amends the Public Health Service Act to require that certain funds be reserved for the establishment and operation of hospital-affiliated primary care centers. Subtitle B: Assistance to Rural Providers Under Medicare - Amends Medicare provisions to include rural emergency access care hospitals (REACHs) in the definition of "hospital" for purposes of provisions relating to examination and treatment for emergency medical conditions and women in labor. (Sec. 312) Adds inpatient REACH services to the scope of benefits under Medicare part A (Hospital Insurance). Applies existing deductible and coinsurance requirements to such services. Regulates the amount of payments for inpatient rural primary care hospital services. Adds references to REACHs to the definition of "spell of illness." Includes REACHs in the scope of Medicare part B (Supplementary Medical Insurance). Authorizes benefit payments. Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Mandates a demonstration project (to increase the number and percentage of medical students entering primary care practice) involving payments to not more than ten States and not more than ten health care training consortia. Requires corresponding reductions in payments (under specified Medicare provisions) to recipient States and hospitals for direct graduate medical education (GME) costs. Authorizes planning and evaluation grants to participating States and consortia. Authorizes appropriations for the grants. Title IV: Medicare Payment Methodologies - Mandates development of a methodology for making payments under Medicare part B (Supplementary Medical Insurance) for telemedicine services furnished on an emergency basis in a health professional shortage area. Amends Medicare provisions relating to payments to health maintenance organizations (HMOs) and competitive medical plans to modify the definition of "adjusted average per capita cost" to require that amounts be determined for all of the United States rather than for various geographic areas. Title V: Hospital Antitrust Fairness - Makes antitrust laws inapplicable to hospital mergers or contracts between hospitals to allocate services if each of the hospitals: (1) is outside of a city, or in a city with less than 150,000 inhabitants; (2) received more than 40 percent of its gross revenue from payments under Federal programs; and (3) the Health Care Financing Administration (HCFA) has issued a certificate specifying that HCFA has determined that the merger or contract would reduce Federal expenditures, not increase consumer costs, and not reduce access to health care services. Title VI: Financing - Amends the Internal Revenue Code to impose a tax on Medicare-covered individuals with modified adjusted gross incomes above specified amounts. (Sec. 602) Declares that, notwithstanding any other provision of law, no funds are authorized to be appropriated to carry out these programs for FY 1996 or any subsequent fiscal year: (1) the grant program for rural health transition under specified provisions of the Omnibus Budget Reconciliation Act of 1987; (2) the program for rural outreach grants and the telemedicine grant program that were, for FY 1995, carried out by the Health Resources and Services Administration with funds under a specified Federal law; (3) the program under specified Public Health Service Act provisions relating to State offices of rural health; and (4) the programs under specified parts of title XII (Trauma Care) of the Public Health Service Act.
Bill· HRH.R. 2398 (104th)referred
United States · United States Congress · 27 September 1995
Amends the General Education Provisions Act to allow State and county prosecutors access to student records, without a court order and before or after adjudication, if the information sought pertains to a criminal investigation or prosecution of the student.
Law· HJRESH.J.Res. 108 (104th)enacted
United States · United States Congress · 27 September 1995
Makes continuing appropriations for FY 1996 for continuing projects and activities, including the costs of direct loans and loan guarantees, conducted in 1995 and for which appropriations or other authority would have been available in the following Acts: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1966; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996; (3) the Department of Defense Appropriations Act, 1996; (4) the District of Columbia Appropriations Act, 1996; (5) the Energy and Water Development Appropriations Act, 1996; (6) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996; (7) the Department of the Interior and Related Agencies Appropriations Act, 1996; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996; (9) the Legislative Branch Appropriations Act, 1996; (10) the Military Construction Appropriations Act, 1996; (11) the Department of Transportation Appropriations Act, 1996; (12) the Treasury, Postal Service, and General Government Appropriations Act, 1996; and (13) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996. Sets the rates of such funding. Sets forth limitations on the use of such funds. (Sec. 112) Requires that whenever the rate for operations for any continuing project or activity provided for which there is a budget request would result in a furlough of Government employees, that rate for operations may be increased to a level that would enable the furlough to be avoided. (Sec. 113) Requires, with exceptions, that for those programs that had high initial rates of operation or complete distribution of funding at the beginning of FY 1995 because of distributions of funding to States, foreign countries, grantees, or others, similar distributions of funds for FY 1996 shall not be made and no grants shall be awarded for such programs funded by this resolution that would impinge on final funding prerogatives. (Sec. 115) Requires that the rate of operations for any continuing project or activity that have not been increased shall be reduced by five percent but shall not be reduced below the minimum level defined or below the level that would result in a furlough. (Sec. 116) Provides that section 132 of the District of Columbia Appropriations Act of 1988 (which provides that amounts appropriated for the Federal Payment to the District of Columbia shall not be subject to apportionment) shall not apply for this joint resolution. Provides for including in the apportionment for the Federal Payment to the District of Columbia an additional $217 million. (Sec. 117) Requires that the authority and conditions for the application of appropriations of the Office of Technology Assessment, as contained in House Report 104-212, shall be followed when applying the funding made available by this joint resolution. (Sec. 120) Requires the Securities and Exchange Commission's Salaries and Expenses account to include, in addition to direct appropriations, the amount it collects under the fee rate and offsetting collection authority. (Sec. 121) Requires that funding be made available for the necessary expenses of the Bureau of Mines for: (1) continuing limited health and safety and related research, materials partnerships, and minerals information activities; (2) mineral assessments in Alaska; and (3) terminating all other activities of the Bureau of Mines. (Sec. 122) Requires, with certain exceptions, that funds for the Environmental Protection Agency shall be made available in the appropriation accounts which are provided in H.R. 2099 as reported on September 13, 1995.
Bill· SS. 1273 (104th)referred
United States · United States Congress · 26 September 1995
Higher Education Investment Act of 1995 - Amends the Internal Revenue Code to allow an individual a credit of 20 percent of the interest paid on any qualified education loan. Limits the maximum credit allowable to $500 for an individual and $1,000 for two or more individuals. Imposes a limit on the amount of credit based on modified adjusted gross income of the taxpayer over $40,000 ($60,000 for a joint return). Limits the period the credit is allowed to a taxpayer or spouse to the first 60 months in which interest payments are required. Provides that any loan and all refinancings of any loan shall be treated as one loan. Allows a credit, if the education loan was used to pay the education expenses of an individual other than the taxpayer or the taxpayer's spouse, for certain dependents. Defines qualified education loan and qualified higher education expenses. Allows a credit to a married couple only if such couple files a joint return. Requires that an individual engaged in a trade or business who receives from any individual interest aggregating $600 or more on any qualified education loan, make a return with respect to each individual from whom such interest was received. Directs that in the case of returns which would be required to be made by two or more persons, only the person first receiving such interest shall be required to make the return.
Bill· SS. 1268 (104th)referred
United States · United States Congress · 22 September 1995
TABLE OF CONTENTS: Title I: Grants to Encourage Establishment of Community Rural Health Networks Title II: Incentives for Health Professionals to Practice in Rural Areas Subtitle A: National Health Service Corps Program Subtitle B: Incentives Under Other Programs Title III: Assistance for Institutional Providers Subtitle A: Hospital-Affiliated Primary Care Centers Subtitle B: Assistance to Rural Providers Under Medicare Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education Title IV: Medicare Payment Methodologies Title V: Hospital Antitrust Fairness Title VI: Financing Rural Health Development Act - Title I: Grants to Encourage Establishment of Community Rural Health Networks - Mandates grants to a State to develop plans to increase health care access for residents of chronically underserved areas. Authorizes appropriations. (Sec. 102) Requires that funds be made available for technical assistance for certain entities seeking to establish or enhance a community rural health network in an underserved rural area. Authorizes appropriations. (Sec. 103) Mandates financial assistance for developing and implementing community rural health networks. Authorizes appropriations. Title II: Incentives for Health Professionals to Practice in Rural Areas - Subtitle A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. (Sec. 202) Mandates a study regarding possible modifications to the statutory and administrative criteria for the designation of health professional shortage areas. (Sec. 203) Amends the Public Health Service Act to modify priorities in assigning National Health Service Corp members. Requires that certain funds be reserved to ensure that a certain number of participants in the National Health Service Corps Scholarship Program are being educated as nurses. Subtitle B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act to mandate an incentive payment of 20 (currently, 10) percent for physician primary care services (currently, for physician services) in a health professional shortage area. Continues the incentive payments in an area for three years after withdrawal of the health professional shortage area designation. Mandates a study of the effectiveness of additional payments in recruiting and retaining physicians to provide services in such areas. (Sec. 212) Requires publication of a model State law to increase individuals' health care access in underserved rural areas by expanding the services which non-physician health care professionals may provide in such areas. Title III: Assistance for Institutional Providers - Subtitle A: Hospital-Affiliated Primary Care Centers - Amends the Public Health Service Act to require that certain funds be reserved for the establishment and operation of hospital-affiliated primary care centers. Subtitle B: Assistance to Rural Providers Under Medicare - Amends Medicare provisions to include rural emergency access care hospitals (REACHs) in the definition of "hospital" for purposes of provisions relating to examination and treatment for emergency medical conditions and women in labor. (Sec. 312) Adds inpatient REACH services to the scope of benefits under Medicare part A (Hospital Insurance). Applies existing deductible and coinsurance requirements to such services. Regulates the amount of payments for inpatient rural primary care hospital services. Adds references to REACHs to the definition of "spell of illness." Includes REACHs in the scope of Medicare part B (Supplementary Medical Insurance). Authorizes benefit payments. Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Mandates a demonstration project (to increase the number and percentage of medical students entering primary care practice) involving payments to not more than ten States and not more than ten health care training consortia. Requires corresponding reductions in payments (under specified Medicare provisions) to recipient States and hospitals for direct graduate medical education (GME) costs. Authorizes planning and evaluation grants to participating States and consortia. Authorizes appropriations for the grants. Title IV: Medicare Payment Methodologies - Mandates development of a methodology for making payments under Medicare part B (Supplementary Medical Insurance) for telemedicine services furnished on an emergency basis in a health professional shortage area. Amends Medicare provisions relating to payments to health maintenance organizations (HMOs) and competitive medical plans to modify the definition of "adjusted average per capita cost" to require that amounts be incrementally adjusted after contract year 1995 so that, before contract year 2002, the amount determined for each geographic area is within ten percentage points of amounts determined for all other geographic areas. Title V: Hospital Antitrust Fairness - Makes antitrust laws inapplicable to hospital mergers or contracts between hospitals to allocate services if each of the hospitals: (1) is outside of a city, or in a city with less than 150,000 inhabitants; (2) received more than 40 percent of its gross revenue from payments under Federal programs; and (3) the Health Care Financing Administration (HCFA) has issued a certificate specifying that HCFA has determined that the merger or contract would reduce Federal expenditures, not increase consumer costs, and not reduce access to health care services. Title VI: Financing - Amends the Internal Revenue Code to impose a tax on Medicare-covered individuals with modified adjusted gross incomes above specified amounts. (Sec. 602) Declares that, notwithstanding any other provision of law, no funds are authorized to be appropriated to carry out these programs for FY 1996 or any subsequent fiscal year: (1) the grant program for rural health transition under specified provisions of the Omnibus Budget Reconciliation Act of 1987; (2) the program for rural outreach grants and the telemedicine grant program that were, for FY 1995, carried out by the Health Resources and Services Administration with funds under a specified Federal law; (3) the program under specified Public Health Service Act provisions relating to State offices of rural health; and (4) the programs under specified parts of title XII (Trauma Care) of the Public Health Service Act.
Bill· HRH.R. 2376 (104th)referred
United States · United States Congress · 21 September 1995
Career Awareness Act - Directs the Secretary of Education to develop an age specific program for students from kindergarten through 12th grade regarding career opportunities and skills necessary for careers. Requires coordination with other Federal agencies and local educational agencies to make such program available on publicly accessible networks and other electronic media. Requires regular program updating and dissemination of current career information.
Resolution· HCONRESH.Con.Res. 103 (104th)open
United States · United States Congress · 21 September 1995
Calls for the Government of the former Yugoslav Republic of Macedonia to: (1) ensure the fair treatment of all of its citizens regardless of ethnic background and the establishment of Albanian-language pedagogical faculties at established universities in Macedonia; and (2) consider all means by which higher education conducted in the Albanian language can be provided, including the establishment of an Albanian-language university. Commends the efforts by the High Commissioner for National Minorities of the Organization on Security and Cooperation in Europe, the Council of Europe, and the Working Group on Ethnic Minorities of the International Conference on the Former Yugoslavia to offer guidance and mediation to the Macedonian Government and representatives of the Albanian minority in resolving the issue of higher education in the Albanian language. Urges: (1) the President to express to that Government strong U.S. support for measures that will contribute to democracy and stability in Macedonia and offer appropriate support for the efforts of the High Commissioner and the Macedonian Government to ensure access to higher education in the Albanian language; and (2) the President of Macedonia to employ appropriate authority under the Constitution of Macedonia to pardon those convicted of charges relating to the events that accompanied attempts to open university-level classes in the Albanian language at Tetovo, Macedonia, in February 1995.
Bill· SS. 1262 (104th)referred
United States · United States Congress · 20 September 1995
Tobacco Products Control Act of 1995 - Amends the Federal Cigarette Labeling and Advertising Act (with regard to cigarettes) and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (with regard to smokeless tobacco products) to make unlawful: (1) advertising on certain outdoor billboards; (2) advertising in publications having more than 15 percent of their total readership under 18 years old; (3) product placement (paid for by a manufacturer) as a prop in any general public motion picture; and (4) placement of a brand name or logo in a video, on a video game machine, or in a family amusement center. Amends the Public Health Service Act to prohibit or reduce, starting in FY 1997, formula grants to States for prevention and treatment of substance abuse unless the State has a law: (1) prohibiting the sale or distribution of cigarettes or smokeless tobacco products to anyone under the age of 18; (2) regulating in specified ways cigarette or smokeless tobacco product vending machines; and (3) prohibiting the distribution without charge of cigarettes or smokeless tobacco products or the distribution of coupons redeemable for cigarettes or smokeless tobacco products. Allows amounts from the formula grants to be used to enforce such State laws. Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to declare that nothing in the FDCA or any other Act shall provide the Food and Drug Administration with any authority to regulate in any manner tobacco or tobacco products.
Record· NominationPN632 (104th)open
United States · United States Senate · 18 September 1995
Bill· SS. 1245 (104th)open
United States · United States Congress · 15 September 1995
Violent and Hard-Core Juvenile Offender Reform Act of 1995 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to include among the: (1) findings of such Act that emphasis should be placed on identifying violent and hard-core juvenile offenders who should be prosecuted as adults; and (2) purposes of such Act to assist State and local governments in protecting public safety by identifying violent and hard-core juvenile offenders and transferring them from the jurisdiction of the juvenile justice system to that of adult criminal court. Defines "serious habitual offender" for purposes of such Act. Requires that State plans (to receive formula grants): (1) require that not less than 75 percent of the funds available to the State be used for purposes including the establishment of serious habitual offender comprehensive action programs; (2) provide for the establishment and maintenance of an effective juvenile justice system that requires the prosecution of juveniles 14 years of age and older as adults in criminal court, rather than in juvenile delinquency proceedings, for specified offenses; (3) provide that a State will ensure that whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in conduct constituting such an offense, a record relating to the adjudication is kept and made available, the juvenile is fingerprinted and photographed, and certain information is transmitted to the Federal Bureau of Investigation (FBI); and (4) provide that the State will ensure that if any juvenile has been adjudicated to be delinquent on two or more separate occasions based on conduct that would be a felony if committed by an adult, the record of the second and all subsequent adjudications shall be kept and made available to the public to the same extent as an adult conviction is open to the public. Requires that serious habitual offender comprehensive action programs be multidisciplinary interagency case management and information sharing systems. (Sec. 4) Requires the U.S. Sentencing Commission to promulgate or amend guidelines to provide that offenses contained in the juvenile record of an adult defendant be considered as adult offenses in sentencing determinations if such juvenile offenses would have constituted a felony had they been committed by an adult. (Sec. 5) Amends the Federal criminal code to direct that juvenile records be released to the extent necessary to meet inquiries from officials of a school, school district, or any post-secondary school where the individual who is the subject of the record seeks, intends, or is instructed or ordered to enroll. (Sec. 6) Amends the Individuals with Disabilities Education Act to make certain provisions under such Act inapplicable to a child with a disability who commits on the property of a school under the jurisdiction of the State or local educational agency a criminal act which would be considered a crime if committed by an adult and such act subsequently becomes the basis for a juvenile adjudication or criminal proceeding involving the child. (Sec. 7) Requires the Director of the FBI, Identification Division, to provide upon request the information received under provisions of the JJDPA to officials of a school, school district, or post-secondary school where the individual who is the subject of such information seeks, intends, or is instructed or ordered to enroll. (Sec. 8) Amends the Federal Juvenile Delinquency Act to require that: (1) with specified exceptions, juvenile defendants 14 years of age or older be prosecuted as adults if charged with specified offenses, including murder or attempted murder, robbery while armed with a dangerous or deadly weapon, forcible rape, and certain serious drug offenses; and (2) whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in conduct constituting such an offense or to be delinquent for conduct which if committed by an adult would constitute a felony, the court shall require that a record relating to the adjudication is kept and made available, that the juvenile is fingerprinted and photographed, and that certain information is transmitted to the Federal Bureau of Investigation.
Bill· SS. 1244 (104th)open
United States · United States Congress · 15 September 1995
TABLE OF CONTENTS: Title I: Fiscal Year 1996 Appropriations Title II: District of Columbia Schools Improvement Act Subtitle A: Establishment and Organization of Commission on Consensus Reform in the District of Columbia Public Schools Subtitle B: Charter Schools Title I: Fiscal Year 1996 Appropriations - District of Columbia Appropriations Act, 1996 - Appropriates funds for FY 1996 for: (1) the Federal payment to the District of Columbia ($600 million); and (2) the Federal contribution to the District of Columbia Police Officers and Fire Fighters', Teachers', and Judges' Retirement Funds ($52.07 million). Appropriates specified sums for the District of Columbia out of the District of Columbia general fund for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) the Washington Convention Center Fund; (8) repayment of specified loans and interest; (9) repayment of the general fund deficit as of September 30, 1990; (10) repayment of interest on short-term borrowing; (11) the Rainy Day Fund; (12) the incentive buyout program; (13) outplacement; (14) capital outlay; (15) the Water and Sewer Enterprise Fund; (16) the Lottery and Charitable Games Enterprise Fund; (17) the Cable Television Enterprise Fund; (18) the Starplex Fund; (19) D.C. General Hospital; (20) the D.C. Retirement Board; (21) the Correctional Industries Fund; (22) the D.C. Financial Responsibility and Management Assistance Authority (Authority); and (23) the Washington Convention Center Enterprise Fund. Prohibits the use of revenues from Federal sources to support the Statehood Commission and Statehood Compact Commission. Requires the District to operate a free, 24-hour telephone information service where residents of the area surrounding Lorton prison can obtain information about all prison disturbances. Requires the Mayor of the District to reduce appropriations and expenditures in specified amounts for: (1) personal services by decreasing rates of compensation for District government employees through the renegotiation of existing collective bargaining agreements and otherwise, if necessary; (2) boards and commissions; and (3) personal services costs, in consultation with the D.C. Council and the Financial Responsibility and Management Assistance Authority. (Sec. 101) Sets forth certain uses of and restrictions on the expenditure of appropriations made by this Act. (Sec. 110) Requires that the annual budget for the District of Columbia government for FY 1997 be transmitted to the Congress by April 15, 1996. (Sec. 123) Directs the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 1996, the FY 1996 revenue estimates. (Sec. 131) Prohibits funds appropriated under this Act from being: (1) used by the District to provide for salaries, expenses, or other costs associated with the offices of U.S. Senator or U.S. Representatives under the District of Columbia Statehood Constitutional Convention Initiatives of 1979; or (2) expended for any abortion unless it is necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Sec. 135) Amends the District of Columbia Real Property Tax Revision Act of 1974 to require the D.C. Council, if it extends the time to establish rates of taxation on real property for a tax year, to establish such rates by permanent legislation. Changes the date by which the Council should establish the rates from July 15 to October 15. Applies, during a tax year, the rates of taxation for the prior year if the rates are not established and the Council does not extend the time. Makes the real property tax rates for taxable real property in the District for FY 1996 the same rates in effect for FY 1994. Repeals provisions of the Act which require such rates to be those submitted by the Mayor or the D.C. Council. (Sec. 137) Requires the Mayor to submit to the D.C. Council a report delineating the executive's action to effect the directives of the Council in this Act with respect to certain reductions. (Sec. 140) Prohibits the use of funds appropriated in this Act to enforce or implement: (1) any registration system for unmarried, cohabitating couples that are homosexual, lesbian, or heterosexual, including registration for the extension of employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples; or (2) the District Domestic Partner Act (also called the District of Columbia Health Care Benefits Expansion Act of 1992). (Sec. 145) Prohibits an agency from filling a position wholly funded by appropriations authorized by this Act which is vacant on October 1, 1995, or which becomes vacant during FY 1996, unless the Mayor or the independent agency submits a proposed resolution of intent to fill the vacant position to the D.C. Council for approval or disapproval. Prohibits any reduction in the number of full-time equivalent positions or any reduction-in-force due to privatization or contracting out if the Authority disallows the full-time equivalent position reduction provided in this Act in meeting the specified ceiling of 39,778 for FY 1996. Allows the appropriate personnel authority to fill a vacant position with a District government employee currently occupying a position that is funded with appropriated funds. Exempts local school-based teachers, officers, or teachers' aides. (Sec. 149) Modifies D.C. reductions-in-force procedures to allow a personnel authority to establish lesser competitive areas within an agency on the basis of all or a clearly identifiable segment of an agency's mission or a division or major subdivision of an agency. Authorizes each agency head to identify positions for abolishment. Outlines procedures for abolishment of such positions for FY 1996. (Sec. 150) Extends until August 11, 1996, the date by which the General Services Administration has to convey specified lands in the District to the Columbia Hospital for Women to construct a facility to house the National Women's Health Resource Center. Title II: District of Columbia Schools Improvement Act - Subtitle A: Establishment and Organization of Commission on Consensus Reform in the District of Columbia Public Schools - Establishes the Commission on Consensus Reform in the District of Columbia Public Schools. Grants the Commission the power to: (1) exercise financial control over the D.C. schools exercised through the Authority; and (2) approve, monitor, and facilitate development and implementation of the System-Wide Educational Reform Goals and Objectives Plan of the D.C. Board of Education. (Sec. 204) Requires the Board to develop, adopt, and submit such a Plan for the upcoming school year on or before March 1 of each year for the Commission's approval. Requires that each Plan: (1) meet specified objectives and reflect the cumulative effect of the Local School Restructuring Team in terms of student needs, financial requirements, and timeliness for implementation; and (2) include specific provisions to ensure the best possible utilization of public school space. (Sec. 205) Sets forth provisions concerning: (1) Plan goals; (2) Commission standards, procedures, or forms for preparation and submission of such Plan by the Board; (3) the Commission's approval criteria for the Plan and the Commission's rejection and revision of it; (4) reporting requirements of the Board to the Commission concerning implementation of each approved Plan; (5) notice of modification of approved Plans. (Sec. 206) Prohibits the Board from: (1) entering into any contract, agreement, or other obligation unless it is consistent with the Plan in effect; or (2) impairing any existing contract or obligation of the Board. Authorizes the Commission to: (1) direct the Board to modify or amend the Board's rules or policies that the Commission deems necessary to facilitate development or implementation of the Plan; and (2) request that the Authority review proposed or existing contracts or leases pursuant to the District of Columbia Financial Responsibility and Management Assistance Act of 1995. (Sec. 207) Allows the Commission to: (1) examine and audit the Board's records or require the Board to do so; (2) investigate actions or activities which may hinder the progress of any part of an approved Plan; and (3) submit recommendations to the Board, Mayor, D.C. Council, and the Congress on actions the District government or the Federal Government should take to ensure implementation of the approved Plan. (Sec. 210) Requires: (1) the Board to notify the Commission within ten days of the occurrence of a vacancy in the Superintendent of Public Schools; (2) the Commission to search for candidates for such office and submit the names of three candidates to the Board; and (3) the Board to choose one to be the Superintendent of the D.C. Public Schools. (Sec. 211) Terminates the Commission on September 30, 2016. Subtitle B: Charter Schools - Permits the District of Columbia to establish charter schools to improve the education of students and encourage community involvement in education. Defines a charter school as a nonsectarian elementary or secondary school that: (1) operates under a charter granted for five years by the Commission or the Board; (2) functions independently of the D.C. public schools as a local education agency; (3) is exempt from significant local rules that inhibit flexible operation and management; and (4) does not charge tuition (Sec. 214) Requires a petition for a public school charter to be a written proposed agreement between an eligible applicant seeking to establish a public charter school and the Commission or Board. Sets forth charter school selection criteria.
Bill· HRH.R. 2332 (104th)referred
United States · United States Congress · 14 September 1995
TABLE OF CONTENTS: Title I: Workforce Development Infrastructure Subtitle A: State and Local Responsibilities Subtitle B: Amendments to Wagner-Peyser Act Subtitle C: Worker Rights Title II: Youth Development and Career Preparation Consolidation Grant Subtitle A: State Funding Subtitle B: State Organizational, Planning, and Reporting Responsibilities Subtitle C: Subgrants for In-School and At-Risk Youth Subtitle D: National Programs Title III: Adult Employment and Training Consolidation Grant Subtitle A: Adult Employment and Training Consolidation Grant Subtitle B: Federal Programs Title IV: Adult Education and Family Literacy Consolidation Grant and Library Services and Technology Consolidation Grant Subtitle A: Adult Education and Family Literacy Consolidation Grant Subtitle B: Library Services and Technology Consolidation Grant Title V: Amendments to Rehabilitation Act of 1973 Subtitle A: Vocational Rehabilitation Consolidation Grant Subtitle B: Other Amendments to Rehabilitation Act of 1973 Title VI: Higher Education Privatization Title VII: Repealers and Other Amendments Consolidated and Reformed Education, Employment, and Rehabilitation Systems Act (CAREERS Act) - Consolidates and revises workforce development and literacy programs. (Sec. 4) Authorizes appropriations. (Sec. 6) Directs the Secretaries of Education and of Labor to take appropriate steps to provide for the orderly transition from any authority under provisions of statutes amended or repealed by this Act or any related authority under provisions of this Act. Title I: Workforce Development Infrastructure - Provides for the establishment of an infrastructure within the States on which to build a comprehensive system of workforce development and literacy. Subtitle A: State and Local Responsibilities - Requires any State desiring to receive a grant under specified workforce development and literacy (WDL) programs (participant State) to: (1) establish a collaborative process regarding its State system; (2) develop a consolidated State workforce development and literacy plan to be submitted to the Secretaries of Education and of Labor; and (3) otherwise comply with this Act's requirements. (Lists the WDL programs as under: (1) the title II Youth Development and Career Preparation Consolidation Grant; (2) the title III Adult Employment and Training Consolidation Grant; (3) the title IV subtitle A Adult Education and Family Literacy Consolidation Grant; and (4) subtitle A of title V, revising title I of the Rehabilitation Act of 1973 (RA).) (Sec. 106) Requires any participant State to ensure establishment of a Local Workforce Development Board in each local workforce development area that it designates. Requires each local board to develop a biennial local strategic plan to be approved by local government officials. (Sec. 107) Requires participant States to ensure that each local board establishes or designates an integrated career center system in its area. Requires establishment of State criteria for such purpose, to be consistent with specified minimum requirements for such center systems. Sets forth requirements for provision of core services, authorized sites for distribution of career grants, special arrangements, permissible customized services for fees, and alternative State strategies for integrating workforce development programs differently than through such center systems. (Sec. 108) Provides for identification of education, training, and vocational rehabilitation service providers as eligible to receive funds under title III of this Act (and title I of RA), through receipt of career grants or contracts, if they are eligible to participate in student aid programs under the Higher Education Act of 1965 or are determined to be eligible under State-established eligibility procedures, and if they provide certain performance-based information. Exempts providers of on-the-job training from such eligibility requirements. Directs the Workforce Development Board to collect such performance-based information from on-the-job training providers as the Governor may require, and to disseminate such information to the local integrated career center systems. (Sec. 109) Requires each State to use a portion of the funds it receives under this Act to design a unified management information system that meets specified requirements. (Sec. 110) Requires each State receiving funds under this Act to develop, or have developed, a statewide performance accountability system. Sets forth system requirements relating to: (1) indicators of performance; (2) expected levels of performance; (3) challenging levels of performance; (4) reports; (5) consequences for poor performance; and (6) core indicators of performance. (Sec. 111) Sets forth: (1) a limitation on Federal regulations under this Act; (2) a prohibition against mandating that any individual be required to choose a specific career path or major, meet federally funded or endorsed industry-recognized skill standards, or attain federally funded or endorsed skill certificates; and (3) provisions for subsequent repayment of certain disallowed expenditures. Subtitle B: Amendments to Wagner-Peyser Act - Amends the Wagner-Peyser Act to coordinate its provisions with those of this Act. Requires that at least 25 percent of authorized appropriations under such Act be used for the new labor market information program. Eliminates a Federal Advisory Council under such Act. (Sec. 132) Establishes a labor market information program under such Act. Directs the Secretary of Labor to oversee development, maintenance, and continued improvement of a nationwide system of labor market information. Requires such system to be planned, administered, overseen, and evaluated by a cooperative Federal, State, and local governance structure. Provides for such information's confidentiality and immunity from legal process. Directs the Secretary of Labor to: (1) carry out specified duties with respect to collection, analysis, and dissemination of labor market information, including establishing confidentiality standards; and (2) prepare an annual plan, through the Bureau of Labor Statistics, to be the operational mechanism for achieving a cooperative Federal-State governance structure for labor market information. Sets forth State Governor and State agency responsibilities with respect to such information system. Subtitle C: General Provisions - Requires that programs under titles II and III of this Act meet specified worker rights requirements, including: (1) provision of a safe and healthful workplace; and (2) prohibitions on displacements or replacements of certain current or former workers, and on impairment of contracts. (Sec. 142) Authorizes the State Governor, through the collaborative process, to transfer up to ten percent of a State's total allotment under titles II or III between such titles. Title II: Youth Development and Career Preparation Consolidation Grant - Subtitle A: State Funding - Directs the Secretary of Education to: (1) reserve a specified portion of funds under this Act for national programs under subtitle D; and (2) make allotments to States under this Act based on a formula derived from funding allotments under specified provisions of the Carl D. Perkins Vocational and Applied Technology Education Act and the Job Training Partnership Act. Requires that funds under this title supplement, not supplant, non-Federal funds. (Sec. 211) Requires Governors to: (1) make at least 90 percent of such State allotments available to local providers, and to use not more than eight percent for State programs and activities and two percent for administration; (2) allocate 40 percent of the funds for local providers to eligible institutions for school youth programs, 40 percent to local workforce development boards for at-risk youth programs, and ten percent of the remainder to eligible institutions or local boards, with any further remainder to go to either or both of such types of programs; and (3) establish within-State allocation formulas taking into account specified factors. Sets minimum grant amounts for local educational agencies, postsecondary institutions, local development boards, and secondary-postsecondary consortia. Subtitle B: State Organizational, Planning, and Reporting Responsibilities - Sets forth title II requirements for State plans to be submitted to the Secretary of Education. (Sec. 222) Provides that State programs and activities under this title may include an assessment of programs conducted with title II assistance, including development of: (1) program performance indicators and measures; and (2) program improvement and accountability. Lists additional permissible uses of such funds. (Sec. 223) Authorizes States to make performance incentive awards to one or more eligible institutions or local providers that have: (1) exceeded performance goals; (2) implemented exemplary youth development and career preparation programs at the local level; or (3) provided exemplary education services and activities for at-risk youth. Subtitle C: Subgrants for In-School and At-Risk Youth - Requires local workforce development boards and eligible institutions to form partnerships and submit comprehensive youth development and career preparation plans for in-school and at-risk youth, in order to receive subgrants under this subtitle. Authorizes State Governors to develop procedures to resolve issues in disputes within partnerships about local plan contents. (Sec. 232) Directs States to distribute funds for: (1) in-school youth programs to eligible institutions; and (2) at-risk youth programs to local workforce development boards. Chapter 1: In-School Youth - Sets forth certain requirements for eligible institutions' uses of funds for in-school programs, as well as additional permissible uses of such funds. Chapter 2: At-Risk Youth - Sets forth certain requirements for local workforce development boards' uses of funds for at-risk youth programs, as well as additional permissible uses of such funds. (Sec. 246) Requires that the local workforce development board not operate such programs, but contract with eligible providers of (or providers using methodologies with) demonstrated effectiveness in serving the youth development and career preparation needs of at-risk youth. Subtitle D: National Programs - Authorizes the Secretary of Education to directly or indirectly carry out research, development, dissemination, replication of model programs, demonstration programs, evaluation, capacity-building, and technical assistance activities with regard to services under this title, including support for occupational and career information systems. Directs the Secretary to establish a system to disseminate information resulting from research and development activities under this title. (Sec. 252) Directs the Secretary, through the Office of Educational Research and Improvement, to conduct a biennial assessment of services and activities under this title, through competitive awards for independent studies and analyses. (Sec. 253) Authorizes the Secretary to establish one or more national centers for conducting applied research, development, dissemination, and technical assistance activities to improve development and career preparation of youth. Provides that the center in existence on the day before the date of enactment of this Act shall continue to receive assistance in accordance with its current award. Requires such centers to: (1) prepare annual summaries of key research findings, for submission to the Secretaries of Education and of Labor and specified congressional committees; and (2) maintain a data and information clearinghouse. Title III: Adult Employment and Training Consolidation Grant - Subtitle A: Adult Employment and Training Consolidation Grant - Directs the Secretary of Labor to provide a grant for employment, job training, and related assistance for adults to each State that submits a State workforce development and literacy plan under title I. (Sec. 312) Provides for: (1) allotments to States, based on certain allotments under the Job Training Partnership Act; (2) within-State allocation, according to a formula taking account of specified factors, with reserved funds for statewide mandatory and discretionary activities; (3) additional State plan requirements; (4) required use of funds for provision of core services through integrated career center systems, specified types of intensive services, and education and training services, and permissible uses of funds for additional supportive services and needs-related payments; and (4) priority for dislocated workers and economically disadvantaged individuals. Subtitle B: Federal Programs - Authorizes the Secretary of Labor to use certain funds to make: (1) national discretionary grants for dislocated workers to specified eligible entities, to address major economic dislocations resulting from plant closures, base closures, or mass layoffs; and (2) national discretionary incentive grants to States, as performance incentive awards for having achieved exceptional performance through implementing statewide workforce development systems, and as assistance in implementing exemplary system designs. (Sec. 322) Authorizes the Secretary to use such funds also to provide disaster relief employment assistance to Governors of States with areas that have suffered an emergency or major disaster as defined under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (Sec. 323) Directs the Secretary to use such funds also to carry out specified research, demonstration, capacity-building, technical assistance, and evaluation activities. Authorizes special grants to eligible entities to carry out activities most appropriately administered at the national level. (Sec. 324) Authorizes the Secretary to use such funds also to provide grants to States for up to 50 percent of the costs of providing loans to eligible entities for skills upgrading of non- managerial employees. Requires the State to establish: (1) a reserve fund for such loan guarantees with such assistance; and (2) criteria for such loan guarantees. (Sec. 325) Directs the Secretary of Labor to use such funds also to make grants, contracts, or cooperative agreements for specified entities to provide employment, training, and education for Native Americans, Alaska Natives, and Hawaiian Natives. Authorizes a transfer of authority to the Secretary of Labor from the Secretary of Education to carry out any portion of such assistance devoted to vocational education activities, including support for the United Tribes Technical College and Crownpoint Institute of Technology. Allows recipient entities to consolidate such assistance with that for related programs under the Indian Employment, Training, and Related Services Demonstration Act. (Sec. 326) Directs the Secretary of Labor to use such funds also to make grants, contracts, or cooperative agreements with specified eligible entities to provide certain types of employment, training, and education assistance for migrant and seasonal farmworkers. Title IV: Adult Education and Family Literacy Consolidation Grant and Library Services and Technology Consolidation Grant - Subtitle A: Adult Education and Family Literacy Consolidation Grant - Chapter 1: Funding - Directs the Secretary of Education to reserve specified amounts annually for: (1) the National Institute for Literacy; and (2) national leadership and evaluation activities. Provides for an initial allotment, and additional allotments to States according to formulas based on State population and number of qualifying adults. Defines qualifying adult as one who is between ages 16 and 61, beyond the age of compulsory school attendance, without a secondary school diploma or equivalent, and not currently enrolled in elementary or secondary school. Chapter 2: Grants to States - Directs the Secretary of Education to make an annual grant allotment to a State if it has satisfied requirements under title I and this title and enters an agreement about use of grant funds. (Sec. 432) Requires States to use grant funds to distribute competitive grants to local service providers and provide assistance to the State library administrative agency for specified purposes. Requires local service providers to use their grants from the State to establish or operate one or more programs providing instruction or services within described categories of: (1) adult basic education; (2) adult secondary education; (3) English literacy instruction; and (4) family literacy services. Authorizes local service providers to receive payments also from title II or III programs under specified conditions. (Sec. 433) Sets forth additional grant requirements, including goals, progress indicators, and performance measures in specified categories. Chapter 3: National Programs - Establishes a National Institute for Literacy, to be administered according to an interagency agreement of the Secretaries of Education, of Labor, and of Health and Human Services (the Interagency Group), with daily operations to be carried out by an appointed Institute Director. Establishes an Advisory Board to make recommendations on planning Institute goals and on implementing programs to achieve such goals. Sets forth Institute duties, authorized activities, and biennial reporting requirements. Authorizes the Institute to award literacy leadership fellowships, as well as paid and unpaid internships. (Sec. 442) Authorizes the Secretary of Education to establish and carry out a program of national leadership and evaluation activities to enhance the quality of adult education and family literacy programs nationwide, directly or through grants, contracts, and cooperative agreements. Sets forth specified required activities and reports, as well as authorized activities. Subtitle B: Library Services and Technology Consolidation Grant - Authorizes appropriations for a Library Services and Technology Consolidation Grant program to: (1) consolidate Federal library service programs; (2) improve public access to information through electronic networks; and (3) provide linkages among and between libraries and integrated career center systems. Sets forth program requirements for allotments, grants to States, uses of funds, and annual applications. Title V: Amendments to Rehabilitation Act of 1973 - Subtitle A: Vocational Rehabilitation Consolidation Grant - Chapter 1: Transition Period - Directs the Secretary of Education, through the Commissioner of the Rehabilitation Services Administration (RSA), to administer the amendment made by chapter 2 in a specified manner during a transition period. Chapter 2: Revision of Title I of Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to revise title I, Vocational Rehabilitation Services. Directs the Secretary of Education, through the Commissioner of the RHA, to make RA formula grants to States that submit workforce development and literacy plans that meet requirements under this Act. Authorizes appropriations. (Sec. 511) Requires States to reserve not more than 20 percent of such a grant for carrying out specified responsibilities of State administrative agents, and at least 80 percent for carrying out certain responsibilities of local workforce development boards and integrated career centers with respect to workforce development areas. Sets forth requirements for: (1) individual eligibility; (2) State Rehabilitation Advisory Councils; (3) allotment amounts; (4) availability of funds; and (5) a State option for waivers regarding alternative delivery systems. Subtitle B: Other Amendments to Rehabilitation Act of 1973 - Eliminates RA provisions: (1) (under title III, Training and Demonstration Projects) for vocational rehabilitation services for individuals with disabilities, loan guarantees for community rehabilitation programs, construction of the Commissioner's authority and appropriation of excess funds, migratory workers program grants, special recreational programs grants, and supported employment programs and grants; and (2) (under title VI, Employment Opportunities for Individuals with Disabilities) for community service employment pilot programs for individuals with disabilities, supported employment services for individuals with disabilities, business opportunities for individuals with disabilities, and (after a two-year period) projects with industry. (Sec. 523) Makes available certain amounts for carrying out title I of RA in specified fiscal years. Title VI: Higher Education Privatization - Amends the Higher Education Act of 1965 (HEA) to provide for the reorganization of the Student Loan Marketing Association (Sallie Mae) through the formation of a holding company and the cessation of Federal sponsorship. (Sec. 602) Amends HEA to provide for the privatization and renaming of the College Construction Loan Insurance Association (Connie Lee) and the cessation of Federal sponsorship. Title VII: Repealers and Other Amendments - Repeals various provisions of the Higher Education Act of 1965 (HEA), including ones relating to articulation agreements, access and equity to education through telecommunications, academic libraries and information services, national early intervention scholarships, presidential access scholarships, model program community partnerships and counseling grants, early awareness postsecondary information program, technical assistance for teachers and counselors, special child care services for disadvantaged college students, loan forgiveness for teachers and nurses and individuals performing national community service, training in financial aid services, State postsecondary review entity programs, State and local programs for teacher excellence, national teacher academies, Douglas teacher scholarships, the Teacher Corps, class size demonstration grants, middle school teaching demonstration programs, new teaching careers, national mini- corps programs, demonstration grants for critical language and area studies, foreign languages and cultures instructional materials development, small State teaching initiatives, faculty development grants, early childhood staff training and professional enhancement, intensive summer language institutes, foreign language periodicals, academic and library facilities, cooperative education programs, women and minority participation in graduate education, Harris fellowships, Javits fellowships, faculty development fellowships, legal training for the disadvantaged, law school clinical programs, special projects in areas of national need, science and engineering access programs, women and minorities science and engineering outreach demonstration programs, Eisenhower leadership programs, and community service programs. Repeals provisions of the Education Amendments of 1986 relating to a National Academy of Science study and to Native Hawaiian (and Alaska Native) culture and art development. Repeals provisions of the Higher Education Amendments of 1992 relating to American Indian postsecondary economic development scholarships, American Indian teacher training, a national survey of factors associated with participation, a study of environmental hazards in higher education institutions, a national job bank for teacher recruitment, a national clearinghouse for postsecondary education materials, school-based decisionmakers, sexual offenses education, Olympic scholarships, and advanced placement fee payment programs. (Sec. 702) Revises HEA student aid program eligibility requirements relating to proprietary institutions of higher education. (Sec. 703) Repeals: (1) the Carl D. Perkins Vocational and Applied Technology Education Act; (2) the Smith-Hughes Act; (3) the School-to-Work Opportunities Act of 1994; (4) the School Dropout Assistance Act; (5) the Adult Education Act; (6) the National Literacy Act of 1991, except certain provisions; (7) the Library Services and Construction Act; (8) the library media resources program under the Technology for Education Act of 1994; (9) the Job Training Partnership Act, except provisions for the Job Corps and veterans' employment programs and their authorization of appropriations; and (10) provisions of the Stewart B. McKinney Homeless Assistance Act relating to State literacy initiatives for adult education for the homeless and to job training for the homeless (except homeless veterans' reintegration projects).
Resolution· HCONRESH.Con.Res. 101 (104th)referred
United States · United States Congress · 14 September 1995
Expresses the sense of the Congress that each U.S. court currently having in force any decree or other order respecting school desegregation should reconsider any such order that has been in effect for more than three years to determine whether the means chosen to achieve desegregation are currently effective in the light of any changed facts and to make any modifications necessary, consistent with serving the educational needs of the children and a rational allocation of the taxpayers' money.
Bill· HRH.R. 2283 (104th)referred
United States · United States Congress · 7 September 1995
Prohibits the Secretary of Health and Human Services from: (1) regulating the sale or use of tobacco or tobacco products under the Federal Food, Drug, and Cosmetic Act; and (2) taking any similar action under the Federal Cigarette Labeling and Advertising Act or the Comprehensive Smokeless Tobacco Health Education Act of 1986 which was not authorized before enactment of this Act.
Bill· SS. 1209 (104th)referred
United States · United States Congress · 6 September 1995
Responsible Parenthood Act of 1995 - Amends title V (Maternal and Child Health Services) of the Social Security Act to provide for various specified program changes, including: (1) an increase in funding under such program, as well as a corresponding increase in Federal set-asides; (2) provision and promotion of abstinence and adoption-related services; (3) prohibitions on the use of funds for family planning services in schools and for programs or projects that provide abortions or abortion counseling or referral; (4) additional application requirements related to maximizing the role of families and religious and charitable organizations in solving problems relating to parenthood or adolescent pregnancies; and (5) new reporting requirements for the State and the Secretary of Health and Human Services involving State activities in connection with program services relating to abstinence and adoption. Amends the Public Health Service Act to repeal certain programs and demonstration projects related to population research and voluntary family planning as well as adolescent family life.
Bill· SS. 1205 (104th)referred
United States · United States Congress · 6 September 1995
Mentor Schools Act - Authorizes the Secretary of Education to award grants to not more than 100 eligible local educational agencies for the planning and operation of one or more mentor schools. Prohibits the Secretary from awarding more than one such grant to support a particular mentor school. Requires each local educational agency receiving such a grant to establish a mentor school advisory board. Encourages each local educational agency operating such a mentor school to employ teachers with alternative teaching certificates, including participants in the Troops to Teachers Program. Sets forth requirements for: (1) applications; (2) selection of grantees; and (3) non-Federal evaluating agencies' evaluations and reports (in contract with the Comptroller General). Authorizes appropriations.
Bill· SS. 1212 (104th)referred
United States · United States Congress · 6 September 1995
Assets for Independence Act - Provides for the establishment of demonstration projects designed to determine: (1) the social, civic, psychological, and economic effects of providing to individuals and families with limited means an incentive to accumulate assets; (2) the extent to which an asset-based welfare policy that promotes saving for education, homeownership, and microenterprises may be used to enable individuals and families with low income to achieve economic self-sufficiency; and (3) the extent to which an asset-based welfare policy improves the community in which participating individuals and families live. Requires each qualified not-for-profit organization or State or local government agency receiving a grant to establish a Reserve Fund. Makes an individual eligible for assistance under a demonstration project if such individual is a member of a household that meets certain income and net worth tests. Authorizes appropriations. Amends the Internal Revenue Code to allow a deduction for contributions made to an individual development account by or on behalf of a qualified individual to pay qualified expenses of such individual. Limits such contributions to $2,000 per year. Defines qualified expenses as those for: (1) postsecondary educational expenses; (2) a first-home purchase; and (3) business capitalization. Excludes distributions from such an account for such purposes from gross income. Makes such accounts exempt from tax, except the tax on unrelated business income of charitable, etc. organizations. Disregards funds in an individual development account of a demonstration project participant for purposes of all means-tested Federal programs.
Bill· SS. 1203 (104th)referred
United States · United States Congress · 6 September 1995
Character Development Act - Authorizes the Secretary of Education to award: (1) mentor program grants to eligible local educational agencies to establish mentoring programs designed to link individual at-risk youth with responsible, individual adults who serve as mentors; and (2) implementation and evaluation grants to national organizations or agencies serving youth to conduct a multisite demonstration project, involving five to ten project sites, develop and evaluate screening standards for school-linked mentoring programs, and develop and evaluate volunteer recruitment activities for school-linked mentoring programs. Sets forth permitted and prohibited uses of grant funds awarded under this Act. Directs the Secretary to develop and distribute to eligible local educational agencies receiving a mentor program grant specific model guidelines for the screening of mentors. Sets forth requirements for grant applications, program evaluations and reports by the Comptroller General, and reports by grant recipients. Authorizes appropriations for Mentoring Program Grants and Implementation and Evaluation Grants.
Bill· SS. 1210 (104th)referred
United States · United States Congress · 6 September 1995
Educational Choice and Equity Act of 1995 - Authorizes appropriations for the Secretary of Education to award grants to eligible entities for at least 100 demonstration projects under which low-income parents receive education certificates for the costs of enrolling their eligible children in a choice school. Reserves funds for the Comptroller General to evaluate such projects. Requires each participating school to comply with title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin. Requires that such projects involve: (1) at least one local educational agency (LEA) that receives a concentration grant under the Elementary and Secondary Education Act of 1965 (ESEA) and is among the 20 percent of LEAs receiving such concentration grants in the State that have the highest number of children to be counted under basic grant provisions of ESEA; and (2) a sufficient number of public and private choice schools to allow for a valid demonstration project, in the Secretary's judgment. Requires priority be given to projects: (1) in which choice schools offer an enrollment opportunity to the broadest range of eligible children; (2) that involve diverse types of choice schools; and (3) that will contribute to geographic diversity of grant awards. Sets forth requirements for: (1) applications; (2) education certificates and their amounts; (3) use of school lunch data; (4) noninterference with desegregation plans; (5) parental notification; and (6) evaluation and reports.
Bill· SS. 1202 (104th)referred
United States · United States Congress · 6 September 1995
Role Models Academy Demonstration Act - Directs the Secretary of Education to carry out a demonstration program under which a four-year, residential, military-style academy (the Role Models Academy) is established which: (1) offers at-risk youth secondary school coursework and vocational training (and may offer precollegiate coursework); (2) focuses on the education and vocational training of youth at risk of delinquency or dropping out of secondary school; (3) has a teaching staff primarily composed of former members of the armed forces or participants in the Troops to Teachers Program, if they are qualified and trained to teach at the Academy; (4) operates a mentoring program involving role models from all sectors of society; (5) may contain a Junior Reserve Officers' Training Corps unit; (6) is housed on the site of any military installation closed pursuant to a base closure law; and (7) if effective, serves as a model for similar military-style academies throughout the United States. Authorizes appropriations.
Bill· HRH.R. 2265 (104th)referred
United States · United States Congress · 6 September 1995
Prohibits the Secretary of Health and Human Services and any other Federal official from: (1) regulating the use of tobacco or tobacco products by the National Association of Stock Car Automobile Racing or other professional motor sports association under the Federal Food, Drug, and Cosmetic Act; and (2) taking any action with respect to tobacco, tobacco products, or tobacco advertising used by such associations under the Federal Cigarette Labeling and Advertising Act or the Comprehensive Smokeless Tobacco Health and Education Act of 1986.
Bill· SS. 1198 (104th)referred
United States · United States Congress · 11 August 1995
TABLE OF CONTENTS: Title I: Reforms to Improve the Accuracy of the Federal Credit Reform Act with Respect to Budget Scoring the Cost of the Federal Direct Student Loan Program Title II: Phase-Out of the Federal Direct Student Loan Program Title III: Improvements to the Federal Family Education Loan Program Student Loan Privatization Act of 1995 - Title I: Reforms to Improve the Accuracy of the Federal Credit Reform Act with Respect to Budget Scoring the Cost of the Federal Direct Student Loan Program - Amends the Congressional Budget Act to revise its Federal Credit Reform Act provisions relating to budget accuracy of accounting for Federal costs associated with the Federal Direct Student Loan Program. Title II: Phase-Out of the Federal Direct Student Loan Program - Amends the Higher Education Act of 1965 (HEA) to direct the Secretary of Education to phase-out the Federal Direct Student Loan Program (FDSL) in a specified manner. Eliminates related requirements involving loan volume limits and administrative expenses for such program. Repeals HEA authority for such program as of the end of FY 1997. Title III: Improvements to the Federal Family Education Loan Program - Amends HEA to revise provisions under the Federal Family Education Loan Program (FFEL) relating to: (1) recovery of guaranty agency reserves; and (2) return to the Treasury of reserve funds returned or recovered by the Secretary. Terminates FDSL consolidation loan authority. Consolidates FDSL program loans under the FFEL program. Prohibits certain administrative funds from being expended to support public relations activities (by Department of Education employees or pursuant to contracts with the Department) or marketing of institutions to encourage participation in the FDSL program. Provides for sale of FDSL loan portfolios. Directs the Secretary to provide a copy of all reports and analyses prepared in connection with auctions, for purposes of such sales, to the Directors of the Congressional Budget Office and of the Office of Management and Budget. Requires all proceeds received as a result of such auctions to be returned to the Department of the Treasury after deduction of connected expenses incurred by the Department of Education.
Bill· SS. 1192 (104th)referred
United States · United States Congress · 11 August 1995
Marine Aquaculture Act of 1995 - Amends the National Sea Grant College Program Act to require that the National Sea Grant College Program include a national marine aquaculture research and development program. Mandates grants, contracts, and other activities to further research, development, education, and technology transfer and accelerate the development and growth of a sustainable marine aquaculture industry. Requires grants and contracts to be funded under existing authorizations of appropriations. Authorizes establishment of advisory committees and review panels as necessary. Authorizes appropriations. Amends the Coastal Zone Management Act of 1972 to add references to aquaculture to provisions relating to: (1) resource management improvement grants; and (2) coastal zone enhancement grants. Prohibits offshore marine aquaculture facilities except by permit. Requires compliance with environmental standards and prohibits significantly interfering with recreational and commercial fishing, navigation, conservation, and aesthetic enjoyment. Allows permit fees. Authorizes civil penalties for permit violations. Mandates environmental standards. Authorizes the Secretary of Commerce to conduct, make grants for, or contract for projects to demonstrate sustainable approaches to the development, installation, or operation of offshore marine aquaculture facilities. Mandates model environmental guidelines regarding marine aquaculture facilities in State waters. Requires making the financial assistance programs of the Department of Commerce fully available to qualified applicants seeking to construct marine aquaculture facilities in a State coastal zone or the U.S. Exclusive Economic Zone.
Bill· SS. 1166 (104th)reported
United States · United States Congress · 10 August 1995
TABLE OF CONTENTS: Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act Subtitle A: Registration of Pesticides Subtitle B: Minor Use Crop Protection Subtitle C: Conforming Amendments Title II: Data Collection and Improved Procedures to Ensure that Tolerances Safeguard the Health of Infants and Children Title III: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act - Subtitle A: Registration of Pesticides - Amends Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) reregistration provisions to require the Administrator of the Environmental Protection Agency (EPA), as soon as the Administrator has sufficient information with respect to the dietary risk of a particular active ingredient (but no later the date of a reregistration determination), to: (1) reassess each associated tolerance (or tolerance exemption) issued under Federal Food, Drug, and Cosmetic Act (FDCA) provisions regarding pesticide residues in raw agricultural commodities; (2) determine whether the tolerance or exemption meets FDCA requirements and whether additional such tolerances or exemptions should be issued; and (3) commence proceedings under both FIFRA and FDCA as are warranted. Establishes a science review board to assist the scientific advisory panel that comments on decisions of the Administrator to cancel a pesticide's registration or change its classification and on regulations issued under FIFRA. Revises the definition of "unreasonable adverse effects on the environment" to include among such effects a human dietary risk from residue that results from use of a pesticide inconsistent with the standard determined by the Administrator to be adequate to protect the public health under FDCA. Subtitle B: Minor Use Crop Protection - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, any one of the alternatives poses greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or any one of the alternatives poses greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Subtitle C: Conforming Amendments - Makes conforming amendments to FIFRA related to pesticide minor uses. Title II: Data Collection and Improved Procedures to Ensure That Tolerances Safeguard the Health of Infants and Children - Directs the Administrator and the Secretaries of Agriculture and Health and Human Services to establish procedures to ensure that pesticide tolerances adequately safeguard the health of infants and children based on the recommendations of a specified report prepared by the National Research Council of the National Academy of Sciences. Directs the Secretary of Agriculture: (1) to collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, to implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
Bill· SS. 1180 (104th)open
United States · United States Congress · 10 August 1995
TABLE OF CONTENTS: Title I: Mental Health Title II: Substance Abuse Title III: General Provisions Title IV: Reauthorization of Protection and Advocacy for Mentally Ill Individuals Act of 1986 Title V: Reauthorization of Certain Institutes Title VI: Transition Provisions and Effective Dates SAMHSA Reauthorization, Flexibility Enhancement, and Consolidation Act of 1995 - Title I: Mental Health - Amends the Public Health Service Act to repeal provisions relating to block grants to States for community mental health services. Declares that the goal of these provisions is for the States and the Federal Government, in partnership, to improve the quality of life of adults with a serious mental illness and children with a serious emotional disturbance and to improve the overall mental health of U.S. citizens. Mandates establishment of a list of performance partnership objectives and a core set of not more than five of the objectives addressing mental health problems of national significance. Requires a State, to be eligible for a grant under these provisions, to propose a partnership containing one or more objectives from the list. Allows objectives not on the list. Provides for negotiations. Mandates a grant to each State with which agreement is reached. (Sec. 102) Requires that a State report relating to the grant be reviewed by the State mental health planning council. (Sec. 103) Allows the Secretary of Health and Human Services to afford a State an opportunity to correct or mitigate a failure to meet maintenance of effort requirements. (Sec. 104) Allows grant funds to be provided to a for-profit entity if the State determines it is appropriate and beneficial to facilitate the integration of the State Medicaid (title XIX of the Social Security Act) program or mental health managed care programs under Medicaid. (Sec. 105) Authorizes appropriations to carry out subpart I (Block Grants for Community Mental Health Services) and subpart III (General Provisions) of title XIX (Block Grants) and provisions relating to data collection with respect to mental health. (Sec. 106) Revises requirements regarding reservation of certain percentages for data collection, technical assistance, and evaluations. Mandates grants and contracts to States for the development and strengthening of State core capacity for data collection and evaluation. Authorizes the Secretary of Health and Human Services to collect data, directly or through grants, contracts, or cooperative agreements, as needed to carry out part B (Block Grants Regarding Mental Health and Substance Abuse). (Sec. 107) Allows grants (under existing provisions) for services for persons who have serious mental illness and who are (or are at risk of being) homeless to be used for: (1) ongoing assistance for rent and living costs for individuals in outpatient treatment; and (2) education of the judiciary regarding commitment and mental illness. Authorizes grants or contracts for mental health, outreach, and case management services to individuals with serious mental illness who have been committed to outpatient treatment. Authorizes appropriations to carry out the existing provisions mandating grants for services for persons who have serious mental illness and who are (or are at risk of being) homeless. Repeals provisions authorizing grants, contracts, and cooperative agreements for mental health and substance abuse treatment services for homeless individuals. Prohibits allocating funds under any authority for the "Access to Community Care and Effective Services and Supports" (ACCESS) program. (Sec. 108) Replaces provisions authorizing grants for mental health demonstration projects with provisions authorizing grants or cooperative agreements to address priority mental health needs of regional and national significance: (1) through training or through demonstration projects for prevention, treatment, and rehabilitation; and (2) through evaluation of the demonstration projects. Requires inclusion of child mental health services. Mandates information and education programs to disseminate the findings of the demonstration and training programs. Authorizes appropriations. (Sec. 109) Repeals provisions of the Public Health Service Act relating to mental health: (1) clinical training and clinical traineeships, research, and demonstrations; (2) obligatory service in return for certain mental health clinical traineeships; and (3) demonstrations for counseling and mental health treatment for those testing positive for the etiologic agent for acquired immune deficiency syndrome (AIDS) and their families. Repeals provisions of the Stewart B. McKinney Homeless Assistance Act relating to community-based mental health services to homeless individuals who are chronically mentally ill. (Sec. 110) Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to children with serious emotional disturbances. Allows waiver regarding required mental health services for Indian tribes and specified U.S. territories and possessions. Title II: Substance Abuse - Repeals provisions relating to block grants to States for substance abuse prevention and treatment. Declares that the goal of these provisions is for the States and the Federal Government, in partnership, to reduce substance abuse and dependence, improve access and effectiveness regarding prevention and treatment, and reduce personal and community risks for substance abuse. Mandates establishment of a list of performance partnership objectives and a core set of not more than five of the objectives addressing substance abuse problems of national significance. Requires a State, to be eligible for a grant under these provisions, to propose a partnership containing one or more objectives from the list. Allows objectives not on the list. Provides for negotiations. Mandates a grant to each State with which agreement is reached. (Sec. 202) Removes provisions requiring minimum allocations for activities regarding alcohol and regarding other drugs. Revises minimum allocation requirements regarding substance abuse treatment for pregnant women and women with dependent children. (Sec. 203) Modifies requirements regarding the provision of tuberculosis services and HIV (human immunodeficiency virus) disease early intervention services in conjunction with substance abuse treatment. (Sec. 204) Ends, for States not (at the time of enactment of this Act) using a revolving fund for housing for individuals recovering from alcohol or drug abuse, a requirement to use such a fund. Repeals, effective September 30, 1998, provisions requiring such a fund. (Sec. 205) Requires States to establish and maintain a State substance abuse prevention and treatment planning council. (Sec. 206) Removes provisions: (1) requiring an improved treatment referral process; and (2) authorizing waiver of coordination requirements. (Sec. 207) Revises procedures applicable to noncompliance States, allowing an opportunity to correct or mitigate. (Sec. 208) Allows grant funds to be provided to a for-profit entity if: (1) the State determines it is appropriate and beneficial to facilitate the integration of the State Medicaid (title XIX of the Social Security Act) program or substance abuse managed care programs under Medicaid; (2) the entity is certified or licensed by the State; (3) all profits are redistributed to the community served; and (4) for a private for-profit entity, the entity is the only available provider in the area. (Sec. 209) Authorizes appropriations to carry out subpart II (Block Grants for Treatment of Substance Abuse), subpart III (General Provisions) of title XIX (Block Grants), and provisions relating to a national data base on substance abuse prevention. (Sec. 210) Revises requirements regarding reservation of certain percentages for data collection, technical assistance, a data base, and evaluations. Mandates grants and contracts to States for the development and strengthening of State core capacity for data collection and evaluation. (Sec. 211) Replaces provisions relating to substance abuse treatment demonstration projects of national significance with provisions authorizing grants or cooperative agreements to address substance abuse health needs of regional and national significance: (1) through training or through demonstration projects for prevention and treatment; and (2) through evaluation of the demonstration projects. Requires inclusion of prevention activities. Permits inclusion of managed care, systems and partnerships, client-oriented services, and other priority populations and conditions. Mandates information and education programs to disseminate the findings of the research, demonstration, and training programs. Authorizes appropriations. (Sec. 212) Repeals provisions of the Public Health Service Act relating to: (1) residential treatment programs for pregnant and postpartum women; (2) outpatient treatment programs for pregnant and postpartum women; (3) substance abuse treatment in State and local criminal justice systems; (4) training in the provision of treatment services; (5) clinical training for substance abuse counselors and other health professionals involved in drug abuse education, prevention (sic); (6) community substance abuse prevention programs; (7) prevention, treatment, and rehabilitation model projects for high risk youth; (8) employee assistance programs; (9) the national capital area substance abuse treatment model program; (10) peer review of mental health and substance abuse block grants; and (11) grants to States to increase the number of individuals for whom treatment can be provided. Title III: General Provisions - Imposes reporting requirements regarding the mental health partnerships and substance abuse partnerships under this Act. (Sec. 302) Replaces provisions requiring Federal compliance reviews in at least ten States each year with provisions requiring Federal performance reviews every three to five years. (Sec. 303) Gives States an additional year to obligate grant funds. (Sec. 305) Repeals provisions specifying minimum mental health block grant allotments. (Sec. 306) Repeals: (1) part E (Narcotic Addicts and Other Drug Abusers) of title III (General Powers and Duties) of the Public Health Service Act; (2) titles III (Civil Commitment of Persons Not Charged With Any Criminal Offense) and IV (Rehabilitation and Posthospitalization Care Programs and Assistance to States and Localities) of the Narcotic Addict Rehabilitation Act of 1966 (NARA); and (3) chapter 175 (Civil Commitment and Rehabilitation of Narcotic Addicts) of the Federal criminal code. (Sec. 308) Modifies requirements regarding the composition of advisory councils for the Substance Abuse and Mental Health Services Administration, the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, and the Center for Mental Health Services. Title IV: Reauthorization of Protection and Advocacy for Mentally Ill Individuals Act of 1986 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to rename it as the "Protection and Advocacy for Individuals With Mental Illnesses Act." (Sec. 402) Authorizes appropriations to carry out provisions relating to protection and advocacy systems. (Sec. 403) Revises minimum allotment requirements. Title V: Reauthorization of Certain Institutes - Authorizes appropriations to carry out provisions relating to the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse (including a separate authorization of appropriations for its Medication Development Program), and the National Institute of Mental Health. Title VI: Transition Provisions and Effective Dates - Mandates development and implementation of, and authorizes a contract for, a process to: (1) establish a model set of mental health and substance abuse prevention and treatment objectives to; (2) determine the availability, relevancy, and sufficiency of data necessary to measure capacity, process, or outcomes regarding those objectives; and (3) if current data sets are inadequate, establish a plan to improve the availability, relevancy, and sufficiency of data. Exempts a State, when the objectives and data are relevant, sufficient, and available, from requirements regarding: (1) minimum allocation of funds for services to pregnant women and women with dependent children; (2) timely access to treatment for intravenous substance abuse; (3) tuberculosis and HIV (human immunodeficiency virus); (4) the sale of tobacco products to individuals under the age of 18; (5) treatment services for pregnant women; and (6) assessments of need. Authorizes the Secretary of Health and Human Services, if the Secretary determines that a State has a significant need to improve the outcomes regarding any of those requirements, to require the State to use an objective that addresses the purpose of the requirement. Declares that a project that receives support for FY 1996 through 1999 under specified provisions of the Public Health Service Act and that previously received support under other specified provisions of the Act for FY 1995 shall be subject to the requirements to which that project was subject for FY 1995 unless the Secretary determines otherwise.
Bill· SS. 1162 (104th)referred
United States · United States Congress · 10 August 1995
Amends the Internal Revenue Code to exclude any employer-provided housing from the gross income of employees of academic health centers. Defines an "academic health center" as an organization which: (1) is a tax-exempt charitable organization providing medical care, hospital care, medical education, or medical research; (2) receives payments under the Social Security Act for either direct or indirect costs of graduate medical education; and (3) has as one of its principal functions the providing and teaching of basic and clinical medical science and research with the organization's own faculty.
Law· SS. 1124 (104th)enacted
United States · United States Congress · 7 August 1995
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Other Programs Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Missile Defense Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Depot-Level Maintenance and Repair Subtitle C: Environmental Provisions Subtitle D: Civilian Employees Subtitle E: Defense Financial Management Subtitle F: Assistance for Civilian Activities Subtitle G: Operation of Morale, Welfare, and Recreation Activities Subtitle H: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Subtitle D: Authorization of Appropriations Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Matters Relating to Reserve Components Subtitle C: Uniform Code of Military Justice Subtitle D: Decorations and Awards Subtitle E: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities Subtitle E: Other Matters Title VII: Health Care Subtitle A: Health Care Services Subtitle B: TRICARE Program Subtitle C: Uniformed Services Treatment Facilities Subtitle D: Other Changes to Existing Laws Regarding Health Care Management Subtitle E: Other Matters Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Acquisition Reform Subtitle B: Other Matters Title IX: Department of Defense Organization and Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Naval Vessels Subtitle C: Counter-Drug Activities Subtitle D: Department of Defense Education Programs Subtitle E: Cooperative Threat Reduction With States of the Former Soviet Union Subtitle F: Matters Relating to Other Nations Subtitle G: Repeal of Certain Reporting Requirements Subtitle H: Other Matters Department of Defense Authorization Act for Fiscal Year 1996 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 to the Army, Navy, Marine Corps, and Air Force for the procurement of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1996 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; and (5) the defense health program. Subtitle B: Army Programs - Authorizes the Secretary of the Army to enter into multiyear procurement contracts for AH-64D Longbow Apache attack helicopters. (Sec. 112) States that a prohibition under a prior defense authorization Act against the procurement of military helicopters shall not apply to the obligation of funds for procurement of up to 20 AHIP Scout aircraft from funds appropriated under this title. (Sec. 113) Prohibits any funds available to the Department of Defense (DOD) for FY 1996 from being obligated to procure Hydra 70 rockets until the Secretary of the Army submits to the Congress certain certifications with respect to technical corrections in such rocket, the costs of such corrections, and related information. Authorizes the Secretary of Defense (Secretary) to waive such certification requirement in the national security interest. Subtitle C: Navy Programs - Earmarks funds appropriated under this Act for the final Seawolf attack submarine and the first two submarines under the New Attack Submarine (NAS) program. Earmarks funds under the FY 1997 defense authorization Act for design, advance procurement, and research, development, test, and evaluation (RDT&E) under the NAS program. Requires competition in the procurement of the Seawolf and the NAS. Prohibits certain actions in order to ensure that Electric Boat Division and Newport News Shipbuilding retain the technical competencies to construct the NAS. Limits the FY 1996-1999 expenditure of funds for the Seawolf and the NAS. Requires certain reports. (Sec. 122) Amends the National Defense Authorization Act for Fiscal Year 1995 to repeal a prohibition on the backfitting of Trident submarines. (Sec. 123) Earmarks funds authorized under this title for the initial and final increment funding for two Arleigh Burke class destroyers. (Sec. 124) Authorizes the Secretary to provide in the future-years defense program for split funding of construction of new naval vessels satisfying specified requirements. Authorizes the Secretary of the Navy to contract for the construction of a new naval vessel upon appropriation of a first increment of funding for construction of the vessel. Subtitle D: Other Programs - Prohibits FY 1996 DOD RDT&E funds from being obligated or expended for the Tier II Predator unmanned aerial vehicle program. (Sec. 132) Allows the obligation of only one-sixth of the funding for the unmanned aerial vehicle joint program office before the Secretary of the Navy must certify to the House Armed Services and Senate National Security Committees (defense committees) that such systems have been equipped with the common automatic landing and recovery system. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 for the armed forces for RDT&E and for basic research and exploratory development. Subtitle B: Program Requirements, Restrictions, and Limitations - Earmarks funds authorized under this title for specified phases of the AF117X long-range, medium attack aircraft. (Sec. 212) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to empower the Under Secretary of Defense for Acquisition and Technology with the responsibility for developing and testing naval mine countermeasures systems during FY 1997 through 1999. (Currently, the Director, Defense Research and Engineering has such responsibility during FY 1995 through 1999.) (Sec. 213) Allows the obligation of no more than 50 percent of the funds authorized under this title for the Tomahawk Baseline Improvement Program before the Secretary of the Navy must certify to the defense committees with respect to certain testing under the Program. (Sec. 214) Directs the Secretary of the Air Force to structure the development schedule for the Space and Missile Tracking System so as to achieve a first launch of a System satellite in FY 2001, and to attain initial operational capability of a full constellation of such satellites in FY 2003. Requires the concurrence of the Director of the Ballistic Missile Defense Organization with respect to certain decisions made under the System. Authorizes FY 1996 appropriations. (Sec. 215) Directs the Secretary to perform an analysis of the full range of precision guided munitions in production and in RDT&E. Requires a report to the Congress on the Secretary's findings. Provides funding limitations until such report is received. (Sec. 216) Earmarks funds authorized under this title for: (1) Defense Nuclear Agency funding; (2) the tunnel characterization and neutralization program; and (3) the long-term radiation tolerant microelectronics program (with a required report). (Sec. 217) Earmarks funds authorized under this title for the Counterproliferation Support Program. Authorizes the Secretary, in the national interest, to transfer to the Program funds otherwise made available to DOD in this Division for FY 1996. Limits to $50 million the total authorized amount of such transfers. (Sec. 218) Directs the Secretary to establish in the Office of the Under Secretary of Defense for Acquisition and Technology a Program Office for Nonlethal Systems and Technologies to conduct RDT&E of nonlethal weapons applicable to forces engaged in both traditional and nontraditional military operations. Provides funding. (Sec. 219) Authorizes the obligation of funds appropriated or otherwise made available to DOD for FY 1996 to procure work from a federally funded research and development center named in a report from the Secretary to the defense committees. Prohibits any funding for such procurement until the report is received. Earmarks funds authorized under this title for such purpose. Authorizes the Secretary to waive the funding limitation as long as notice of, and the reasons for, such waiver are sent to the defense committees. Reduces by $90 million the total amount authorized under this title for RDT&E. (Sec. 220) Amends the National Defense Authorization Act for Fiscal Year 1995 to revise the determination of States eligible for the awarding of grants under the Defense Experimental Program to Stimulate Competitive Research. (Sec. 221) Repeals, with respect to the national defense technology and industrial base, defense reinvestment, and defense conversion programs: (1) certain definitions; (2) specified policy objectives; (3) the commercial-military integration partnerships program; (4) the regional technology alliances assistance program; (5) the Military-Civilian Integration and Technology Transfer Advisory Board; (6) the Navy Reinvestment Program; (7) the manufacturing extension programs; and (8) the defense dual-use assistance extension program. (Sec. 222) Directs the Secretary to: (1) use the manufacturing science and technology joint planning process of the directors of DOD laboratories in establishing the DOD manufacturing science and technology program; and (2) seek the participation of equipment manufacturers in the projects under such program. (Sec. 223) Directs the Secretaries of Defense and Energy to jointly submit to the Congress a report on DOD plans and programs to prepare for and respond to military and civil defense emergencies resulting from a chemical, biological, radiological, or nuclear attack on the United States. Subtitle C: Missile Defense - Missile Defense Act of 1995 - States the missile defense policy of the United States. Directs the Secretary to establish a top priority core theater missile defense (CTMD) program consisting of specified systems. Requires the Secretary to ensure that CTMD systems are interoperable and fully capable of external sensor and battle management support from defense systems of the various armed forces. Directs the Secretary to terminate the Corps Surface to Air Missile System and the Boost Phase Interceptor. Directs the Secretary to develop an affordable development plan for follow-on theater missile defense systems which: (1) leverages existing systems, technologies, and programs; and (2) focuses investments to satisfy military requirements not met by the CTMD program. Requires specified reports from the Secretary to the congressional defense (armed forces and appropriations) committees. (Sec. 235) Directs the Secretary to develop an affordable and operationally effective national missile defense (NMD) system which will attain initial operational capability by the end of 2003. Outlines NMD system requirements. Requires the: (1) development of an interim operational capability until the NMD system is in place and operational; (2) use of streamlined acquisition procedures in meeting the development and operational capability requirements of the NMD system; (3) employment of cost saving measures which do not decrease the operational effectiveness of the system or pose unacceptable technical risks; and (4) submission of a report from the Secretary to the congressional defense committees on the plan for NMD deployment. (Sec. 236) Directs the Secretary to undertake an initiative to coordinate and strengthen the cruise missile defense programs, projects, and activities of the military departments and defense agencies and organizations to ensure the development and deployment of highly effective defenses against existing and future cruise missile threats. Outlines provisions concerning: (1) actions to be taken by the Secretary with respect to such initiative; and (2) submission by the Secretary to the congressional defense committees of a detailed implementation plan for carrying out the initiative. (Sec. 237) Expresses the sense of the Congress that: (1) the Senate should undertake a comprehensive review of the continuing value and validity of the ABM Treaty, and recommend additional policy guidance on the future application of such Treaty; and (2) the President should cease all efforts to modify, clarify, or otherwise alter U.S. obligations under such Treaty pending the outcome of the review. Directs the Secretary to provide the Senate with a complete, unclassified version of the ABM Treaty negotiating record, authorizing the Secretary to waive the declassification requirements on a document-by-document basis. (Sec. 238) States that, until a missile or air defense system is flight- tested in an ABM-qualifying flight test, such system, upgrade, or component: (1) has not been tested in an ABM mode, for Treaty purposes; and (2) is therefore not subject to Treaty application, limitation, or obligation. Prohibits appropriated funds from being expended or obligated by any government official to apply such Treaty to RDT&E or deployment of such non-qualifying air or missile defense systems. Ceases the application of such prohibition when a system is flight tested in an ABM-qualifying manner. Requires the Secretary to annually certify to the Congress that no U.S. air or missile defense system is being constrained by the ABM Treaty in a manner inconsistent with this section. Finds that ballistic missile range and velocity parameters should be subject to the Senate's review under section 237. (Sec. 239) Requires amounts requested for activities of the Ballistic Missile Defense Organization in annual budget justification materials submitted to the Congress to be set forth in accordance with specified program elements. Provides the origin of funding for non-core TMD, core TMD, and battle management, control, communications, and intelligence programs. Requires each program element to include requests for amounts necessary for management and support of the programs. (Sec. 241) Repeals various missile defense provisions of specified Acts made inconsistent by this Subtitle. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 for the armed forces and specified agencies and activities of DOD for operation and maintenance (O&M). Authorizes appropriations for FY 1996 for: (1) DOD working capital and revolving funds; and (2) operation of the Armed Forces Retirement Home. (Sec. 304) Transfers a specified amount from the National Defense Stockpile Transaction Fund to O&M accounts for FY 1996. Subtitle B: Depot-Level Maintenance and Repair - Directs the Secretary to develop and report to the defense committees a comprehensive policy on the performance of depot-level maintenance and repair (DLMR) for DOD, with a primary objective of a ready and controlled source of technical competence and repair and maintenance capabilities necessary for national security across a full range of current and projected training and operational requirements. Repeals: (1) a current requirement that no more than 40 percent of the DOD DLMR be performed by non-Government personnel; and (2) a provision prohibiting the contracting out of DOD DLMR activities of at least $3 million without using competitive selection procedures. (Sec. 312) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1996 the authority for aviation depots and naval shipyards to engage in defense-related production and services. Subtitle C: Environmental Provisions - Allows agreements for environmental restoration services performed by another Federal or State agency to provide for reimbursement to such agency only of the technical and scientific services obtained, with an FY 1996 reimbursement limitation of $5 million. Allows the Secretary to pay reimbursement expenses in excess of such amount after certifying to the Congress that such payment is essential for the management of the Defense Environmental Restoration Program, and 60 days have expired since such certification. Directs the Secretary to include in required annual reports the services obtained from such agencies on a reimbursable basis. (Sec. 322) Amends the Federal Water Pollution Control Act to apply its vessel discharge requirements to discharges incidental to the normal operations of a military vessel, other than sewage, unless the Secretary finds that compliance would not be in the best interests of national security. Directs the Secretary and the Administrator of the Environmental Protection Agency (EPA) to jointly determine the discharge incidental to the normal operation of a military vessel for which it is reasonable and practicable to require the use of a marine pollution control device in order to mitigate adverse impacts on the marine environment, and to promulgate Federal standards of performance for such devices with respect to the discharge. Provides time limits for initial determinations and final standards. Preempts a State or political jurisdiction from adopting or enforcing such standards for a military vessel after final Federal regulations are in effect, but allows a State to completely prohibit any discharge from a vessel into waters of the State when its water quality requires greater environmental protection than that afforded by the Federal standards. Requires the EPA Administrator to then take specified enforcement action with respect to such prohibition. Requires a State to specifically explain why a prohibition would apply only to military vessels and not other types. Limits the application of such regulations with respect to design, construction, manning, or equipment standards on foreign flagged vessels engaged in passage. Provides for interagency cooperation in the development of appropriate standards under the marine vessel discharge requirements of such Act. (Sec. 323) Revises Federal provisions concerning: (1) the establishment of restoration advisory boards; (2) funding for the administrative expenses of such boards; and (3) the provision of technical assistance grants for determining the nature of environmental hazards at a military installation to be closed under a base closure law and the restoration activities proposed or conducted there. Provides funding for such activities to the extent provided in appropriation Acts, with an FY 1996 limit of $4 million. Requires reports from technical review committees or restoration advisory boards formed for such purpose to be included in an annual DOD report on environmental restoration activities. Subtitle D: Civilian Employees - Provides the minimum FY 1996 and 1997 number of personnel to be employed as military reserve technicians. (Sec. 332) Exempts DOD from personnel ceilings for civilian personnel. (Sec. 333) Requires military reserve technicians to wear the uniform appropriate for the member's grade and component while performing technician duties. Provides a uniform or clothing allowance for such technicians. (Sec. 334) Extends through January 31, 1996, the temporary authority to pay evacuation pay to civilian DOD employees and their dependents and immediate family members evacuated from Guantanamo, Cuba, pursuant to an order issued by the Secretary. Requires a monthly report from the Secretary of the Navy regarding the employees being so paid. (Sec. 335) Authorizes the transfer of civilian employees between the DOD domestic dependent schools and the overseas defense dependents' education system. (Sec. 336) Revises the authority of the Secretary to appoint involuntarily separated military reserve technicians who have served for a specified minimum period to positions within DOD for which such individual is qualified. (Sec. 337) Includes employees voluntarily separated under reduction-in- force procedures among those eligible for continued health insurance coverage for a temporary period. (Sec. 338) Makes inapplicable to DOD: (1) the 120-day limitation on the detail of certain Federal employees; and (2) required biannual reports concerning progress made in meeting part-time career employment goals. (Sec. 340) Authorizes the Secretary or the Secretary of a military department to release from employment those individuals who volunteer under a reduction in force. Terminates such authority at the end of FY 1996. (Sec. 341) Authorizes DOD to make lump-sum severance payments to its employees, requiring a refund of the pro rata share of such pay if such individual is reemployed. Terminates such authority as of the end of FY 1999. (Sec. 342) Adjusts the holiday observance day for DOD employees whose basic workweek is other than Monday through Friday. (Sec. 343) Includes DOD nonappropriated fund instrumentality employees within a Federal provision authorizing flexible and compressed work schedules. Subtitle E: Defense Financial Management - Prohibits funds authorized to be appropriated to DOD by this Act from being obligated for a capital lease for the establishment of a DOD financial management training center until 90 days after the Secretary submits to the defense committees a certification of the need for such a center as well as a report on financial management training for DOD personnel. (Sec. 352) Prohibits the Secretary during FY 1996 from establishing any center for the Defense Finance and Accounting Service not operating on the date of enactment of this Act unless the Secretary reports to the Congress a need for such new center and 30 days have elapsed since the receipt of such report. Requires the Secretary, before submitting such report, to reexamine the need for any new center. Subtitle F: Miscellaneous Assistance - Authorizes the Secretary of the Army or Air Force to provide for participation of its National Guard in joint disaster and emergency assistance exercises. (Sec. 362) Prohibits funds authorized in this or any other Act from being obligated or expended for: (1) the Office of Civil-Military Programs within the Office of the Assistant Secretary of Defense for Reserve Affairs; or (2) the Office of Humanitarian and Refugee Affairs within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. (Sec. 363) Revises Federal provisions establishing the Civil-Military Cooperative Action Program to: (1) allow only the reserve components (currently, all of the armed forces) to participate in the Program; (2) revise the Program objectives; and (3) eliminate the establishment of Federal or regional advisory councils for the Program. Subtitle G: Operation of Morale, Welfare, and Recreation Activities - Makes inapplicable to the Coast Guard a Federal provision limiting the authorized amount of funds to be retained in the morale, welfare, and recreation (MWR) account of an armed force. (Sec. 372) Authorizes the MWR retail facilities to sell items according to regulations prescribed by the Secretary. Prohibits certain sale restrictions from being included in such regulations. Directs the Secretary to report to the defense committees identifying each restriction in effect with respect to exchange stores and other revenue-generating facilities operated by nonappropriated fund activities of DOD for the MWR of its members. (Sec. 373) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal the requirement to convert naval ships' stores to nonappropriated fund instrumentalities. Subtitle H: Other Matters - Makes funds from the National Defense Sealift Fund available for expenses of the Ready Reserve component of the National Defense Reserve Fleet. (Sec. 382) Prohibits the Secretary of the Navy from contracting for the construction of any additional sealift ship by a contractor unless such Secretary has submitted to the Congress, at least 60 days before entering into a contract, a certification: (1) with respect to the history of such contractor in meeting cost requirements under any former sealift construction contract; or (2) that such contractor is financially capable of constructing such additional sealift ship without financial assistance from the Government. (Sec. 383) Requires a specified conditional portion of the amount recovered by the government in a fiscal year for losses and expenses incurred by DOD as a result of contractor fraud at military installations to be credited to appropriations accounts of DOD on the basis of the losses actually suffered at each installation as a result of such fraud. Provides appropriate uses of such amounts by the military departments. (Sec. 384) Authorizes lost, abandoned, or unclaimed property found on a military installation to be sold (after reasonable efforts to find the property's owner) and the proceeds credited to the O&M account of such installation to be used to reimburse the installation for sale costs, and, if amounts still remain, to support MWR activities at the installation. Repeals a demonstration program concerning the use of such proceeds under the National Defense Authorization Act for Fiscal Years 1992 and 1993. (Sec. 385) Authorizes the Secretary of the Navy to sell certain designated articles and items of clothing to members of the Navy and Marine Corps, under specified conditions. Directs such Secretary to sell subsistence supplies to members of other armed forces at prices charged to Navy and Marine Corps personnel (equivalent prices). Authorizes such Secretary to sell serviceable supplies other than subsistence supplies to members of other armed forces for the buyers' use in the service. Authorizes persons who have been honorably discharged from any military department and are receiving medical care through the Public Health Service or the Department of Veterans Affairs to buy subsistence supplies at equivalent prices. Authorizes such Secretary to sell to honorably discharged individuals exterior articles of uniform at equivalent prices. Authorizes such Secretary to sell ships' stores to appropriate civilian officers and employees of the United States at military installations: (1) outside the United States; and (2) inside the United States if it is impractical for such officers and employees to obtain such stores from commercial enterprises without impairing the efficient operation of military activities. Requires sales to civilian officers and employees inside the United States to be made only to those residing within military installations. (Sec. 386) Requires, on and after October 1, 1995, the Civilian Marksmanship Program to be operated as a nonappropriated fund instrumentality of the United States within DOD for the benefit of military personnel and for the promotion of rifle practice and firearms safety among civilians. Requires the Program to be under the general supervision of the Advisory Committee for the Promotion of Rifle Practice and Firearms Safety, which replaces the National Board for the Promotion of Rifle Practice. Outlines funding provisions for the Advisory Committee. Provides authorized Program activities, including the operation and maintenance of rifle ranges, firearms marksmanship instruction and safety, and firearms competitions. Authorizes the Program to issue arms, ammunition, targets, and related equipment and supplies to gun clubs providing training to various youth organizations. Authorizes the sale of such items to other gun clubs and citizens for Program purposes. Requires the Program Director, before conveying any weapon or ammunition to a person, to provide for a criminal records check of the person with appropriate Federal and State law enforcement agencies. Authorizes the Director to impose reasonable fees for persons and gun clubs participating in any Program activity. Directs the Secretary of the Army to reserve for the Program all remaining M-1 Garand rifles and related accessories still held by the Army. Outlines participation conditions for military personnel participating in rifle instruction and competitions. (Sec. 387) Directs the Secretary of Defense to report to the Congress describing the advantages and disadvantages of using contractor personnel, rather than civilian DOD employees, to perform DOD functions that are not essential to the military warfighting mission. (Sec. 388) Prohibits the Secretary of Education from considering any payment made to a local educational agency (LEA) by DOD that is available for current expenditures and used for capital expenses as funds available to the Department of Education for Federal impact aid purposes. Outlines conditions under which an LEA shall be eligible to receive additional assistance as a heavily impacted LEA (an LEA having a high proportion of Federally connected children in its schools). Revises provisions concerning the determination of the amount of such aid to LEAs, with a special rule in the case of a heavily impacted LEA. Revises generally provisions concerning the requirement of the use of current year data for providing appropriate assistance to heavily impacted LEAs. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1996. Authorizes a temporary variation in the end strengths for active-duty Navy and Air Force officers in specified grades. (Sec. 403) Prohibits from being counted against officer personnel end strength limits an officer continuing to hold a general or admiral grade after serving as the Chairman of the Joint Chiefs of Staff or the head of a military department. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1996 for Selected Reserve personnel, authorizing the Secretary to vary such end strengths by up to two percent. Provides the end strengths for members of the reserve serving on active duty in support of the reserve. Increases the number of officers of certain grades authorized to serve on such duty. (Sec. 414) Excludes from inclusion in military personnel end strength limitations: (1) members of the Selected Reserve of the Ready Reserve on active duty for more than 180 days in support of cooperative threat reduction programs; and (2) members of the reserve on active duty for 180 days or more for military-to-military contacts and other similar activities. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1996 military training student loads, allowing for certain adjustments consistent with authorized end strengths. Subtitle D: Authorization of Appropriations - Authorizes appropriations to DOD for FY 1996 for military personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Reduces from 1,000 to 500 the number of officers to be designated by the Secretary for critical joint duty assignment positions. Authorizes the Secretary to credit an officer for additional joint duty for service in an assignment any portion of which was performed on or after the date of enactment of this Act and which provided significant experience in joint matters, as long as the officer is recommended for such credit by the head of his or her military department. Grants such credit on a case-by-case basis, requiring the Secretary to prescribe uniform criteria for such credit. Requires information on officers receiving such credit to be included by the Secretary in a required annual report. Exempts general and flag officers from a provision limiting the number of officers receiving such credit in a fiscal year to ten percent of the total number of officers in that pay grade selected for the joint specialty in that fiscal year. Considers an officer to have completed a full tour of joint duty upon completion of a second joint duty assignment that is less than the period required for a first joint duty assignment, but not less than two years, whether or not a minimum joint tour duty length waiver was granted for such officer. (Sec. 502) Reduces from six to five years the minimum service obligation for graduates of the various military service academies. Requires the Secretary to: (1) review the effects that such service periods will have on the number and quality of eligible applicants seeking appointment; and (2) report findings and recommendations to the defense committees. (Sec. 503) Requires any officer appointed Surgeon General of an armed force to be educationally and professionally qualified to furnish health care to other persons, including doctors of medicine, dentistry, and osteopathy, nurses, and clinical psychologists. (Sec. 504) Requires an officer appointed as Deputy Judge Advocate General of the Air Force: (1) to be appointed for a four-year tenure (currently two); and (2) who holds a lower regular grade to be appointed in the regular grade of major general. (Sec. 505) Includes all officers above the major or lieutenant commander grades (currently, above such grades but below lieutenant general or vice admiral) within current eligibility requirements for voluntary retirement. Allows certain general and flag officers to be retired in the highest grade held by such officer only after the Secretary certifies to the President and the Senate that such officer served satisfactorily on active duty in that grade. (Sec. 506) Extends through FY 1996 certain reserve officer management authorities. (Sec. 507) Prohibits an officer from being frocked (authorized to wear the insignia of a higher grade before being promoted to such grade) unless: (1) the Senate has confirmed such officer's nomination for promotion to such grade; and (2) the officer is serving in, or has been ordered to, a position for which that grade is authorized. Prohibits pay, seniority, and time in service benefits from being accrued by frocked officers. Limits the total number of frocked officers in specified grades on the active-duty list. Authorizes a variation for FY 1996 and 1997 in the number of such officers. (Sec. 508) Authorizes the Secretary of the Army to retire any Director of Admissions of the United States Military Academy who has more than 30 years of service as a commissioned officer. Subtitle B: Matters Relating to Reserve Components - Establishes the Department of Defense Ready Reserve Income Insurance Program, administered by the Secretary, to insure Ready Reserve members against the risk of being ordered into covered service. Provides 30 days' automatic enrollment in the Program, with an exception, upon first becoming a member. Requires a member to enroll within such period. Provides as the basic benefit of such insurance $1,000 per month during the period of covered service, allowing a member to elect to reduce or enhance such benefit in specified increments. Defines "covered service" as active duty for more than 30 days in support of involuntary operational missions or during a period of war or national emergency. Requires the Secretary to prescribe the premium rates for such insurance, to be deducted and withheld from the member's basic pay. Authorizes the Secretary to advance to an insured member the amount equal to the first insurance premium payment due. Establishes in the Treasury the Department of Defense Ready Reserve Income Insurance Fund, into which shall be deposited the collected premiums, any amounts appropriated to the Fund, and investment returns. Requires: (1) investing of Fund assets by the Secretary; and (2) a required annual accounting of the Fund. Requires the DOD Education Benefits Board of Actuaries to have actuarial responsibility for the Program. Requires the Board to carry out periodic actuarial valuation of benefits, determine appropriate premium rate methodology, and recommend to the Secretary a premium rate schedule in the event of actuarial gains or losses to the Fund due to changes in actuarial assumptions. Directs the Secretary to request the President to request from the Congress a special appropriation in the event of insufficient Fund assets. Provides for the payment of benefits to designated recipients. Authorizes the Secretary to purchase insurance from eligible insurers in order to provide the benefits required under the Program, allowing the Secretary to terminate such insurance policy at any time. Requires termination of insurance coverage for a member for the nonpayment of premiums, as well as insurance forfeiture upon conviction of certain crimes against the country or refusal to perform service or wear the uniform. (Sec. 512) Includes dentists in critical specialties (currently, only physicians) within a program providing financial assistance for health care professionals in the reserve components. (Sec. 513) Allows reserve personnel performing public safety duty to charge such period of absence to accrued annual leave or compensatory time available. Subtitle C: Uniform Code of Military Justice - Amends the Uniform Code of Military Justice (UCMJ) to provide that if evidence adduced during a military investigation indicates that an accused committed an uncharged offense, then the investigating officer may investigate such additional matter without the accused having first been charged with that offense. (Sec. 524) Requires the imposition of a fine, imprisonment, or both, for an individual who refuses to testify before a court-martial. (Sec. 525) Requires individuals found to be incompetent to stand trial under the UCMJ to be committed to the custody of the Attorney General for hospitalization, examination, and treatment. Provides, depending on hospitalization and examination results, for either continued hospitalization of such individual or release to the convening authority of the court-martial. Requires a person found not guilty by reason of lack of mental responsibility to be committed to a suitable facility until the person is eligible for release after examination and an appropriate hearing. (Sec. 526) Requires any forfeiture of pay or allowances or reduction in grade included in a court-martial sentence to take effect on the earlier of: (1) 20 days after the sentence is adjudged; or (2) the date on which the sentence is approved by the convening authority (current law). Authorizes the convening authority to defer such forfeitures or reduction until the date on which the sentence is approved. Requires court-martial sentences that include confinement for one year or more, death, dishonorable discharge, or dismissal to result in the forfeiture of all pay and allowances due to such member during the confinement or parole. Authorizes the waiver of such forfeitures for up to six months in the case of dependents of such individual. Requires the repayment of all such pay and allowances if the sentence is set aside or disapproved. Revises provisions concerning the deferment of a sentence of confinement in the case of an individual in the custody of a State or foreign country. (Sec. 528) Requires all matters submitted to the convening authority for consideration after a trial by court-martial to be in writing. (Sec. 529) Authorizes a proceeding in revision to correct clerical mistakes in a judgment, order, or other part of the record or any error arising from oversight or omission. (Sec. 530) Provides for appeal by the United States from certain orders or rulings made by a military judge in a court-martial in which a punitive discharge may be adjudged. (Sec. 531) Includes flight from arrest as a punishable action under the UCMJ. (Sec. 532) Removes a gender reference with respect to the UCMJ offense of carnal knowledge with a person under 16 years of age. Provides that, in such a prosecution, it is a defense that the other person was at least 12 years of age and the accused reasonably believed such person to be at least 16. (Sec. 533) Requires newly enlisted personnel to be instructed in the UCMJ within 14 (currently six) days after entrance into active or reserve duty. (Sec. 535) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal the September 30, 1995, delimiting date on the authority of the Chief Justice of the Supreme Court to appoint Federal or district court judges to serve on the U.S. Court of Appeals for the Armed Forces. (Sec. 536) Directs the Secretary and the Attorney General to jointly establish an advisory panel to review and make recommendations on jurisdiction over civilians accompanying military personnel in time of armed conflict. Requires reports. Subtitle D: Decorations and Awards - Authorizes the President to award the Purple Heart to certain persons who were taken prisoner or held captive while serving in the U.S. armed forces before April 25, 1962, and were wounded while being taken prisoner or held captive. Excepts from such awards persons convicted of rendering assistance to the enemy. (Sec. 542) Authorizes the Secretary or the Secretary of a military department to award a decoration to any person for an act, achievement, or service performed while serving on active duty during the Vietnam era. Directs the Secretary of each military department to review all recommendations received for such decorations, and to report findings concerning such review and awards to the defense committees. (Sec. 543) Expresses the sense of the Congress that the Secretaries of the military departments should review the service records of military personnel who performed military intelligence duties between January 1, 1940, and December 31, 1990, in order to determine whether, by reason of mission secrecy, any such personnel were not properly considered for decorations and awards, and if so, to so consider such personnel for such awards. Exempts such consideration from certain time limitation provisions. Subtitle E: Other Matters - Directs the Secretary to establish within his Office an office responsible for the policy, control, and oversight of the entire process for the investigation and recovery of missing persons, as well as the coordination of DOD efforts on such matters with other Federal departments and agencies. Requires search and rescue responsibilities to be established by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Requires the establishment of uniform procedures for the: (1) determination of the status of such persons; and (2) collection, analysis, review, dissemination, and periodic update of related information. Requires the commander of the unit or facility where a person was assigned to make an initial report to the Secretary after receiving information that the whereabouts of a person are uncertain and that the absence may be involuntary. Requires the Secretary to appoint a board to conduct an inquiry as to the whereabouts of a missing person. Directs the board to make a recommendation to the Secretary as to the whereabouts or status of such persons. Prohibits such board from declaring a person dead unless the evidence before it establishes conclusive proof of such person's death. Requires board proceedings to be closed to the public (including the next of kin). Directs the Secretary, after receiving a board recommendation, to determine whether such person shall continue to have a missing status, be declared to have deserted or be absent without leave, or be declared dead. Requires a report to family members and other interested persons. Requires the appointment of an additional board if further information becomes available. Allows the next of kin and other family members to attend inquiries held by the subsequent board. Requires a recommendation by the subsequent board, as well as a report to the Secretary. Directs the Secretary to review such report (together with any objections to board findings filed by family members and other interested persons attending the subsequent board inquiry), and to take appropriate action with respect to a person's status, including notification to family members and other interested persons. Requires, with specified exceptions concerning classified or privileged information or privacy, the Secretary having jurisdiction over a missing person to ensure that the person's personnel file contains all available information relating to the person's disappearance, whereabouts, or status. Prohibits any board from declaring a person dead unless: (1) credible evidence exists; (2) the United States possesses no credible evidence to suggest that such person is alive; and (3) representatives of the United States have made a complete search of the area where the person was last seen and have examined the records of the government or entity having control over such area. Provides additional information to be included in a report when a person is declared dead. Allows military pay for the full time of absence for any person in a missing or dead status under the Missing Persons Act of 1942 who is found alive and is returned to the control of the United States. Directs the Secretary concerned, upon the enlistment or appointment of a person into the armed forces, to require such person to specify the individual to receive information as to the member's whereabouts or status if necessary. Directs the Secretary of State to carry out a comprehensive study of the Missing Persons Act of 1942 and related laws and regulations with respect to accounting for civilian employees or contractors of the United States who serve with or accompany military personnel in the field to determine the means, if any, by which such procedures may be improved. Directs such Secretary to report study results, together with appropriate recommendations for change, to the defense committees. (Sec. 552) Amends the UCMJ to state that the period during which an officer deserts, is absent from duty, is confined by military or civilian authority for more than one day for a trial, or is unable for more than one day to perform his or her duties shall not be counted in computing such officer's length of military service. Provides that the time required to be made up by either an enlisted member or an officer due to such reasons may not be counted in computing years of service. (Sec. 553) Provides for separation from service in cases involving persons sentenced to confinement for one year or more. (Sec. 554) Removes the six-month limit on the duration of field training or practice cruise required under the Senior ROTC Program. (Sec. 555) Authorizes the Secretary of each military department to: (1) review the military record compilation process for potential improvements in the correction of such records; and (2) report study findings and recommendations to the Secretary, who in turn shall transmit such reports to the defense committees. (Sec. 556) Prohibits the Secretary from reducing below a specified amount for FY 1996 and thereafter the total number of DOD medical personnel unless he certifies to the Congress that: (1) the number being reduced is excess to current and projected needs; and (2) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Requires the Assistant Secretary of Defense responsible for health affairs to submit to the congressional defense committees a plan for the reduction in the number of such personnel over a five-year period beginning on October 1, 1996. (Sec. 557) Repeals, with respect to the military service academies, the requirement that the: (1) position of athletic director shall be a position in the civil service; and (2) Superintendent of such academy shall administer a nonappropriated fund account for the athletics program at such academy. (Sec. 558) Prohibits any funds available to DOD from being obligated to carry out a test program for determining the cost effectiveness of transferring to the private sector the operations of one or more military academy preparatory schools. (Sec. 559) Directs the Secretary and the Attorney General to jointly establish an advisory panel on centralized review of DOD administrative personnel actions. Requires a report from the panel to the Secretary and the Attorney General, to be transmitted, together with comments, to the Congress. Terminates the panel 30 days after submission of its report. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1996 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay and basic allowance for subsistence (BAS) by 2.4 percent and the basic allowance for quarters (BAQ) by 5.2 percent, on January 1, 1996. (Sec. 602) Authorizes a member without dependents who is in pay grade E-6 and who is assigned to U.S. quarters that do not meet minimum adequacy standards established by DOD for such pay grade to elect not to occupy such quarters and instead receive the BAQ prescribed for his or her pay grade. (Sec. 603) Authorizes as of July 1, 1996, the payment of a BAQ for enlisted personnel in the pay grade of E-6. (Sec. 604) Prohibits the reduction of the minimum monthly variable housing allowance (VHA) for members living in high cost areas as long as such member maintains uninterrupted eligibility to receive the VHA within that area and his or her certified housing costs are not reduced. Increases the total amount available for the VHA to cover additional payments permitted under this section. Requires an implementation report from the Secretary to the Congress. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1997: (1) certain enlistment and reenlistment bonuses for the reserves; (2) the nurse officer candidate accession program; (3) the accession bonus for registered nurses; (4) incentive special pay for nurse anesthetists; (5) the authority relating to the payment of other bonuses and special pay for active duty officer and enlisted personnel; and (6) the authority of the Secretary concerned to repay education loans for certain health professionals who serve in the Selected Reserve of a military department. (Sec. 614) Provides to both warrant officers (current law) and enlisted members of specified grades hazardous duty incentive pay for service as air weapons controllers. (Sec. 615) Reduces from nine to eight of the first 12 years of aviation service the period during which an officer must perform operational flying duties in order to receive aviation career incentive pay. (Sec. 617) Provides continuous entitlement to career sea pay for crew members of a ship designated as a tender-class ship. (Sec. 618) Authorizes the Secretary concerned, effective as of January 1, 1996, to increase to a maximum of $375 monthly the rate of special duty assignment pay for enlisted personnel serving as military recruiters. Subtitle C: Travel and Transportation Allowances - Repeals a requirement that DOD travel allowances must be based on distances established over the shortest normally traveled route, and under mileage tables prepared under the direction of the Secretary. (Sec. 622) Provides a departure allowance when dependents of military personnel are authorized (currently, only when ordered) by competent authority to depart from an area. (Sec. 623) Provides a dislocation allowance for those directed to move as a result of a base closure or realignment. (Sec. 624) Includes students who cease to be enrolled in a foreign institution of higher education within a provision authorizing the Secretary concerned to return to the United States formerly dependent children of military personnel who attain a nondependent age while overseas. Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes certain members of the Ready Reserve to use DOD commissary stores for a period of one year on the same basis as members on active duty. (Currently, such members are permitted such use for 12 days of any calendar year during which the members are eligible.) (Sec. 632) Authorizes full commissary use (currently limited to 12 days a year) for members of the Retired Reserve (and their survivors) who are under 60 years of age and would be eligible for retired pay except that they are under such age. (Sec. 633) Authorizes the use of MWR facilities on the same basis as members on active duty for: (1) members of the Selected Reserve in good standing; (2) members of the Ready Reserve other than members of the Selected Reserve; and (3) members of the reserve under age 60 who would be eligible for retired pay except that they are under such age. Allows such use for the dependents of (1) and (3), above. Subtitle E: Other Matters - Makes first payable in March (currently, September) of the following year cost-of-living increases for military retired pay that become effective in 1994 or 1995 (currently, 1994 through 1997). (Sec. 642) Makes ineligible for retired pay a person who is convicted of an offense under the UCMJ and whose executed sentence includes death, a dishonorable or bad conduct discharge, or dismissal (in the case of an officer). (Sec. 643) Allows to be deducted from the pay of: (1) a Federal employee the administrative costs of executing legal process in a garnishment action; and (2) members of the armed forces the administrative costs of establishing and maintaining an involuntary allotment from military pay. Provides for the disposition of amounts withheld for such administrative costs. (Sec. 644) Increases from $100,000 to $200,000 the maximum amount of life insurance coverage under the Servicemen's Group Life Insurance (SGLI). Repeals a provision authorizing a member to increase such coverage amounts in increments of $10,000 to a maximum of $200,000. (Sec. 645) Terminates SGLI coverage for members of the Ready Reserve who fail to pay the required premiums 120 days after the Secretary concerned transmits to such member a termination notification. (Sec. 646) Directs the Secretary to report to the Congress on the possible extension to junior noncommissioned officers (pay grades E-5 and 6) the same privileges provided for senior noncommissioned officers (those above E-6), including the privileges to mess (eat) separately and to receive a BAS. (Sec. 647) Authorizes the payment to survivors of deceased military personnel of all leave accrued but unused. (Sec. 648) Directs the Secretary concerned to pay an annuity to the qualified surviving spouse of each member of the armed forces who: (1) died before March 21, 1974, and was entitled to retired or retainer pay on the date of death; and (2) was a member of a reserve component during the period beginning on September 21, 1972, and ending on October 1, 1978, and at the time of death would have been eligible for retired or retainer pay except that the person was under 60 years of age. Defines a qualified spouse as one who has not remarried and is not eligible for an annuity under the Survivor Benefit Plan. Provides an annuity amount of $165 monthly, adjusted periodically with cost-of-living increases. (Sec. 649) Provides transitional compensation for dependents of all members (currently, active-duty personnel) separated from service for dependent abuse. Title VII: Health Care - Subtitle A: Health Care Services - Authorizes the provision of authorized medical care and services under CHAMPUS for surviving dependents of Retired Reserve personnel who die before age 60. (Sec. 702) Authorizes the Secretary to establish a dental insurance plan for members of the Selected Reserve of the Ready Reserve. Requires within such plan voluntary enrollment and premium sharing between DOD and the members enrolled, with a member premium limit of $25 monthly. Outlines provisions concerning plan benefits and termination. Authorizes appropriations. (Sec. 703) Provides under CHAMPUS: (1) for military dependents under six years old, health promotion and disease prevention visits, as well as immunizations; and (2) for those six years old or older, health promotion and disease prevention visits in connection with immunizations or with diagnostic or preventive pap smears and mammograms. (Sec. 704) Makes permanent (currently ends September 30, 1995) the authority of the Secretary to carry out a specialized treatment facility program. (Sec. 705) Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to make special provisions for the enrollment under Medicare Part B of retired military personnel (and their dependents) who are eligible as covered beneficiaries for CHAMPUS medical and dental care and who are adversely affected by the closure of a military medical treatment facility of DOD pursuant to the closure or realignment of a military installation. Waives the Medicare Part B late enrollment penalty for such individuals. Subtitle B: TRICARE Program - Requires a military medical facility to provide to the covered beneficiaries enrolled in a health care plan of such facility the same health care benefits as are available to covered beneficiaries in that catchment area under the DOD managed health care program (TRICARE Program). Provides transitional provisions. (Sec. 713) Expresses the sense of the Senate that the Secretary should take steps to ensure that covered CHAMPUS beneficiaries who are also eligible for Medicare and reside in a TRICARE region have adequate access to health care services after the implementation of the TRICARE Program in that region. (Sec. 714) Directs the Secretary during FY 1996 to carry out a pilot program, in a region in which the TRICARE Program has been implemented, for the provision of wraparound services (individualized mental health services provided in return for payment on a case-by-case basis) to covered beneficiaries who are children in need of such services. Requires a pilot program: (1) agreement, with specified requirements, between the Secretary and a mental health services provider; and (2) report from the Secretary to the defense committees. Subtitle C: Uniformed Services Treatment Facilities - Amends the Department of Defense Authorization Act, 1984, to extend through September 30, 1997, the authority of specified Secretaries to terminate the status of certain medical facilities as uniformed services treatment facilities (USTFs). (Sec. 722) Amends the National Defense Authorization Act for Fiscal Year 1991 to subject USTFs and any participation agreement between USTFs and the Secretary to the Federal Acquisition Regulation (FAR). (Sec. 723) Makes a USTF responsible for paying charges imposed by a private facility or health care provider for providing care outside the catchment area of the USTF to a member of the armed forces enrolled in a USTF health care plan. Directs the Secretary to require a CHAMPUS health care provider to provide such care in accordance with the same payment rules. Subtitle D: Other Changes to Existing Laws Regarding Health Care Management - Makes available for two fiscal years three percent of the funds authorized to be appropriated for a fiscal year for programs and activities carried out under CHAMPUS. (Sec. 732) Provides the maximum allowable payment to individual health care providers under CHAMPUS, with an exception when necessary to ensure that covered beneficiaries retain adequate access to health care services. Provides transition provisions. (Sec. 733) Authorizes the Secretary of Transportation (currently, only the Secretary of Defense) to enter into personal services contracts to carry out health care responsibilities with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy. Ratifies any such contract entered into before the effective date of this Act. (Sec. 734) Amends title XI (General Provisions and Peer Review) of the Social Security Act to authorize the use of information contained in the Medicare and Medicaid Data Bank to assist in the identification of, and collection from, third parties responsible for the reimbursement of costs incurred by the United States for health care services furnished to CHAMPUS beneficiaries. Subtitle E: Other Matters - Authorizes the Board of Regents of the Uniformed Services University of the Health Sciences to establish at the University a program of research on the furnishing of care and services by nurses in the armed forces, to be known as the TriService Nursing Research Program. Requires Program administration by a TriService Nursing Research Group composed of military nurses who are involved in military nursing research and designated by the Secretary concerned. Provides research topics. (Sec. 742) Establishes a Fisher House Trust Fund in both the Army and the Air Force, funds of which are to be used for the operation of Fisher houses, which are housing facilities located in proximity to military medical treatment facilities and available for residential use on a temporary basis by patients at such facilities, as well as their family members or others providing the equivalent of familial support for such patients. Requires expenditures from such trust funds to be made only under annual appropriations and only if specifically authorized by law. (Sec. 743) Includes the Coast Guard within a Federal provision limiting the prices that may be charged to certain Federal departments and agencies by manufacturers of pharmaceuticals when purchased for use in medical facilities of such departments and agencies. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Reform - Requires funds appropriated for any fiscal year after 1995 that are administratively reserved or committed for satellite on-orbit incentive fees to remain available for obligation until the fee is earned, but only if and to the extent that applicable Federal law is complied with in the reservation and commitment of funds for such purpose. (Sec. 802) Amends the Office of Federal Procurement Policy Act to require an executive agency to publish for at least ten days in advance a notification of the intent to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000. (Current law has no price limits on such required notification.) (Sec. 803) Amends the Federal Acquisition Streamlining Act of 1994 to require the head of a Federal agency to make management decisions on all findings and recommendations set forth in an audit report of the inspector general of such agency within a maximum of six months after the issuance of the report, and to make such decisions on findings and recommendations of an audit report from outside the Federal Government within six months after the date on which the head of the agency receives the report. Requires completed actions with respect to an inspector general's findings and recommendations within 12 months after the date of the inspector general's report. (Sec. 804) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to direct the Secretary to establish a test program under which contracting activities in the military departments and defense agencies are authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of comprehensive subcontracting plans will reduce administrative burdens on contractors while enhancing opportunities provided under DOD contracts for small businesses as well as small businesses owned and controlled by socially and economically disadvantaged individuals. Requires a broad range of the supplies and services acquired by DOD to be included in the test program. Includes as covered contractors under the test program those which furnished DOD with supplies or services pursuant to at least three contracts having an aggregate value of at least $5 million. (Sec. 805) Authorizes the Secretary of the Navy to contract or otherwise provide for necessary salvage facilities for public and private vessels if: (1) available commercial salvage facilities are inadequate to meet the Navy's requirements; and (2) such Secretary provides public notice of the intent to enter into such contracts. Authorizes such Secretary to acquire or transfer such vessels and equipment for operation by private salvage companies as necessary. Provides for: (1) the settlement of salvage claims; and (2) the disposition of receipts. (Sec. 806) Repeals a Federal provision authorizing the Secretary of a military department to delegate certain contracting authority. (Sec. 807) Requires any defense research paper issued or technological assessment made by a defense research facility with respect to a major weapon system to be made part of the record for the purpose of making acquisition program (currently, milestone 0, I, and II) decisions. (Sec. 808) Applies defense procurement requirements to the purchase of supplies used for experimental or test purposes only when such purchases are made in quantity. (Sec. 809) Repeals a provision requiring certain quality control in the procurement of critical aircraft and ship spare parts. (Sec. 810) Authorizes funds appropriated to a military department to be used for the acquisition of design and process data. (Sec. 811) Revises provisions concerning the content of regulations required for independent cost estimates with respect to various phases of major defense acquisition programs. (Sec. 812) Allows the United States to recoup indirect (currently, only direct) fees associated with the use of DOD laboratories and other facilities for the testing of materials and equipment. (Sec. 813) Subjects to the Walsh-Healey Act each contract for the construction, alteration, furnishing, or equipping of a naval vessel, unless the President determines that such requirement is not in the interest of national defense. (Sec. 814) Requires any contractor agreeing to allow the inclusion or incorporation of defense features on aircraft owned by such contractor for possible use with the Civil Reserve Air Fleet to operate such aircraft for DOD as needed during any activation of the Fleet (currently, only permitted during activation of the full Fleet). Subtitle B: Other Matters - Earmarks specified O&M funds authorized under this Act for DOD procurement technical assistance programs, further earmarking such funds for technical assistance in certain distressed areas. (Sec. 822) Considers a DOD cable television franchise agreement as a contract for telecommunications services for purposes of part 49 of the FAR. Title IX: Department of Defense Organization and Management - Redesignates the Assistant to the Secretary of Defense for Atomic Energy as the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, with appropriate responsibilities. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer authorizations made available to DOD in this Division for FY 1996 between any such authorizations for such fiscal year. Limits to $2 billion the total authorized transfers. Directs the Secretary to promptly notify the Congress of each such transfer. (Sec. 1002) Removes a requirement prohibiting the Secretary from designating DOD personnel as disbursing officials for departmental pay and expenses of the District of Columbia. Revises disbursing authority with respect to DOD and its individual military departments. Authorizes military personnel under the Secretary's jurisdiction to certify vouchers when authorized, in writing, by the Secretary. (Sec. 1003) Establishes in the Treasury the Defense Modernization Account. Provides for credits to the Account. Requires Account funds to be used for: (1) increasing the quantity of items and services procured under a procurement program in order to achieve a more efficient production or delivery rate; and (2) RDT&E and procurement necessary for modernization of an existing system or a system being procured under an ongoing procurement program. Provides Account use limitations. Limits to $500 million the funds that may be transferred from the Account in any fiscal year for such procurement modernization purposes, requiring the Secretary to notify the congressional defense committees prior to any such transfers. Requires quarterly reports from the Secretary to such committees concerning Account credits, transfers, and expenditures. Makes such provision inapplicable to the Coast Guard when it is not operating as a service in the Navy. (Sec. 1004) Adjusts the amounts authorized for appropriation in the National Defense Authorization Act for Fiscal Year 1995 by the increases and decreases in title I of the Emergency Supplemental Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995. (Sec. 1005) Limits to $500,000 the funds authorized to be obligated or expended by the Secretary for emergency and extraordinary expenses until the Secretary has notified the congressional defense committees of the intent to obligate such funds and, in the case of an obligation or expenditure in excess of: (1) $1 million, 15 days have elapsed since the notification; or (2) $500,000, but no more than $1 million, 5 days have elapsed since such notification. Removes the time requirements of (1) and (2), above, when the Secretary determines that the national security objectives will be compromised by such delay. Requires the Secretary to notify such committees when such waiver authority is exercised. (Sec. 1006) Authorizes the Secretary, beginning after FY 1994, to transfer funds to military appropriations for a fiscal year out of funds available to DOD from the Foreign Currency Fluctuations, Defense, appropriation. Authorizes the Secretary, after FY 1993, to transfer to such appropriations unobligated amounts of funds appropriated for O&M and military personnel. Provides transfer limits. (Sec. 1007) Directs the Secretary to submit to the congressional defense committees a special report on funding for the reserve components. Subtitle B: Naval Vessels - Directs the Secretary of the Navy to list and maintain on the Naval Vessel Register at least two of the Iowa class battleships that were stricken from the Register in February, 1993. Requires selection of such battleships that are in the best material condition. Requires such Secretary to retain logistical support to maintain the battleships. Terminates this provision when such Secretary notifies the defense committees that the Navy has an operational fire support capability that equals or exceeds that of the Iowa class battleships. (Sec. 1012) Authorizes the Secretary of the Navy to transfer on either a grant or lease basis specified naval frigates to the governments of Bahrain, Egypt, Oman, Turkey, and the United Arab Emirates. Waives specified congressional notification requirements with respect to such transfers. Terminates such transfer authority two years after the enactment of this Act, except that a lease entered into during such period may be renewed. Subtitle C: Counter-Drug Activities - Revises generally provisions concerning the authority for Federal support of State drug interdiction and counter-drug activities of the National Guard. Repeals a provision excluding National Guard personnel performing such activities from annual reserve duty end strength limitations. Allows National Guard personnel to be ordered to perform full-time National Guard duty in support of such activities. Authorizes the governor of a State to request such personnel to perform such duty. Requires the Attorney General of a State to certify that the use of such personnel for such purposes is authorized by, and consistent with, State law, and that it serves an appropriate State law enforcement purpose. Limits to 4000 the number of National Guard personnel performing such activities for a State for a period of more than 180 days. Authorizes the Secretary to increase such limits by not more than 20 percent for any fiscal year if determined necessary for national security purposes. (Sec. 1022) Prohibits, with an exception, the use of funds made available to DOD for obligations or expenses of the National Drug Intelligence Center, Johnstown, Pennsylvania. (Sec. 1023) Directs the Secretary to either: (1) procure nonintrusive inspection systems and transfer such systems to the U.S. Customs Service; or (2) transfer funds to the Secretary of the Treasury for such procurement. Earmarks funds authorized under this Act for such purpose. Subtitle D: Department of Defense Education Programs - Reaffirms the congressional commitment towards the continuation of the Uniformed Services University of the Health Sciences. Prohibits, during the five-year period beginning on October 1, 1995, the personnel staffing levels for the University from being reduced below such levels as of October 1, 1993. (Sec. 1032) Authorizes the Board of Regents at the University to establish a graduate school of nursing and other programs determined necessary in order to operate the University cost-effectively. (Sec. 1033) Earmarks funds authorized under this Act to fund basic adult education programs for military personnel (and their dependents) serving outside the United States. (Sec. 1034) Limits to enlisted members of the Air Force (currently, enlisted members of the armed forces) the scope of educational programs offered at the Community College of the Air Force. (Sec. 1035) Changes from December 15 to March 1 annually the due date of a reporting requirement of the Secretary with respect to the operation of the DOD educational assistance program. Subtitle E: Cooperative Threat Reduction With States of the Former Soviet Union - Prohibits the obligation of cooperative threat reduction (CTR) program funds to assist nuclear weapons scientists in States of the former Soviet Union until 30 days after the Secretary certifies to the Congress that such funds will not be used to contribute to the modernization of the strategic nuclear forces of such States or for R&D or production of weapons of mass destruction. (Sec. 1043) Withholds $50 million of the funds for CTR programs until the President certifies to the Congress that Russia is in compliance with its obligations under the Biological Weapons Convention. Subtitle F: Matters Relating to Other Nations - Authorizes NATO organizations to participate in cooperative R&D projects under the Arms Export Control Act. (Sec. 1052) Expresses the sense of the Congress recognizing the importance to the United States of effective export controls on dual-use (military and commercial) items and technologies that are critical to the military capabilities of U.S. armed forces. Calls for the Government to identify such critical items and technologies and exercise effective export control over them. Directs the Secretary to report to the Congress on the effect of such export control policy on U.S. national security interests. Directs the Secretary to: (1) review each application submitted to the Secretary of Commerce for a license for the export of a class 2, 3, or 4 biological pathogen to a country known or suspected to have an offensive biological weapons program in order to determine if such an export would be contrary to U.S. national security interests; (2) inform such Secretary of the countries suspected of having such a program; (3) notify such Secretary if the export of a biological pathogen would be contrary to U.S. interests; and (4) have such Secretary deny the application. (Sec. 1053) Directs the Secretary to establish a program under which he may issue guarantees assuring a lender against losses of principal or interest, or both, arising out of the financing of the sale or long-term lease of defense articles or services, or design and construction services, to: (1) NATO countries; (2) countries designated as of March 31, 1995, as major non-NATO allies; (3) a country in Central Europe which has or is changing its form of government to a democracy; and (4) a noncommunist country that was a member nation of the Asia Pacific Economic Cooperation as of October 31, 1993. Provides for loan limitations, fees, and payment terms. Requires the President to report to the Congress on the loan guarantee program. (Sec. 1054) Amends the National Defense Authorization Act for Fiscal Year 1995 with regard to its landmine clearing assistance program to prohibit FY 1996 funds from being used for military personnel involvement in such activities until 30 days after the Secretary certifies to the Congress that such involvement satisfies military training requirements for such personnel. Terminates the authority to provide such assistance as of the end of FY 1996. Provides FY 1996 funding for such program. (Sec. 1055) States that it shall be the policy of the United States that: (1) the President should ensure that any conventional defense system or technology offered by the United States for sale to NATO nations or major non-NATO allies is concurrently made available to Israel unless the President determines that such would not be in the national security interests; and (2) the President should make available to Israel advanced U.S. technology necessary for achieving continued progress in cooperative U.S.-Israel R&D of theater missile defenses. (Sec. 1056) Expresses the sense of the Congress that the Secretary of the Navy should take appropriate action to improve the services available to the Navy at the Port of Haifa, Israel, and ensure that increasing commercial activities there does not adversely affect the availability of required services to the Navy there. (Sec. 1057) Prohibits DOD funds from being obligated or expended to provide financial assistance to any country determined to support international terrorism either directly or in granting sanctuary from prosecution to individuals or groups which engage in such activities. Authorizes a waiver by the President for national security purposes, requiring notification to specified congressional committees when exercising such waiver. (Sec. 1058) Expresses the sense of the Congress supporting international military education and training and other forms of cooperation between U.S. armed forces and the armed forces of countries which are allies with or friendly to the United States. Authorizes the Secretary, upon the recommendation of a commander of a combatant command or the Chairman of the Joint Chiefs of Staff, to pay a portion of the costs of providing international military education and training to military and civilian personnel of foreign countries who perform national defense functions. Provides FY 1996 funding for such activities. (Sec. 1059) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal a limitation with respect to the purchase or construction of American diplomatic facilities in Germany. (Sec. 1060) Earmarks specified funds authorized under this Act for implementing arms control agreements to which the United States is a party, with a limitation. (Sec. 1061) Expresses the sense of the Congress that: (1) the President should consult with the Congress regarding any UN peace operations that could involve U.S. combat forces, and should do so before a UN vote on such action is taken; (2) such forces should participate only when it is clearly in the national security interest to do so; (3) in such situations, U.S. combat forces should be under the operational control of qualified commanders; and (4) none of such forces should be under operational control of foreign nationals except in the most extraordinary circumstances. Subtitle G: Repeal of Certain Reporting Requirements - Repeals miscellaneous reporting requirements under Federal armed forces and military pay provisions, provisions of defense authorization and appropriation Acts, national security laws, and other related laws and Acts. Excuses DOD from certain reporting requirements of the Joint Committee on Printing regarding printing-related matters. Subtitle H: Other Matters - Directs the Secretary to turn off the selective availability feature of the global positioning system by May 1, 1996, unless he submits to the defense committees a specified plan with respect to the development and acquisition of capabilities to deny hostile military forces the ability to interfere with or disrupt the system. (Sec. 1082) Expresses the sense of the Congress that, unless and until the START II Treaty enters into force, the Secretary should not take any action to dismantle or retire specified nuclear delivery systems. Prohibits FY 1996 DOD funds from being used for such purpose. (Sec. 1083) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1997 the National Guard Civilian Youth Opportunities pilot program. (Sec. 1084) Directs the Secretary to report to the defense committees on the status of current and possible continued support of boards and commissions operating within or for DOD. (Sec. 1085) Amends the Department of Defense Authorization Act, 1986, to revise the purposes for the provision of Army support for the National Science Center for Communications and Electronics. Authorizes the Secretary to manage, operate, and maintain facilities at the Center in order to conduct educational outreach programs. Authorizes fundraising activities for the management and operation of the Center and the support of its activities. Directs the Secretary to prescribe criteria for determining whether to accept a donation for such Center. Authorizes the Secretary to enter into an agreement with NSC Discovery Center, a nonprofit organization, to develop, manage, and maintain a national science center under this section. (Sec. 1086) Authorizes the Secretary to suspend or terminate an action for collection of a claim against the estate of a person who died while serving on active duty in the armed forces if circumstances make it appropriate to do so. (Sec. 1087) Increases to up to $100,000 (currently, $40,000) the maximum limit for a claim by a member of the armed forces for damage to property during a relocation when such claim arose from an emergency evacuation or from extraordinary circumstances which occurred on or after June 1, 1991. (Sec. 1088) Authorizes, with limitations, dependents of Government employees to utilize check cashing and other exchange transactions through Government disbursing officials. Requires a pay offset from the dependent's sponsor for any deficiencies resulting from a dependent's transactions, including charges for insufficient funds. (Sec. 1089) Entitles veterans with total disability ratings to travel on military aircraft in the same manner and to the same extent as retired military personnel. (Sec. 1090) Authorizes the Secretary to transport to Hawaii for medical care children under 18 years old who reside in the Pacific Rim region, are crippled and in need of medical care due to such condition, will be admitted to a medical facility in Honolulu which specializes in providing such care, and are unable to afford the cost of such transportation. Authorizes the Secretary to transport one adult attendant accompanying such child. (Sec. 1091) Expresses the sense of the Senate that educational institutions should not have a policy of denying the Secretary from obtaining for military recruiting purposes: (1) entry to any campus or access to students equal to that of other employers; or (2) access to directory information pertaining to such students. Encourages the Secretary to prescribe regulations for determining if and when such an institution has denied such student access. (Sec. 1092) Requires advance medical directives executed by military personnel eligible for legal assistance to be exempt from legal requirements of State law and given the same legal effect as a directive executed in accordance with State law. Provides that such directives shall not be enforceable in a State that does not otherwise recognize and enforce such directives. (Sec. 1093) Directs the Secretaries of Defense and Energy to report to specified congressional committees within 30 days after the enactment of this Act on military manpower requirements necessary to implement export controls on certain weapons transfers. (Sec. 1094) Includes the period between July 1, 1958, and August 4, 1964, within the Vietnam era in the case of veterans who served on active military duty in the Vietnam theater of operations during such period.
Bill· SS. 1125 (104th)open
United States · United States Congress · 7 August 1995
TABLE OF CONTENTS: Title XXI(sic): Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Defense Base Closure and Realignment Subtitle C: Land Conveyances Subtitle D: Transfer of Jurisdiction and Establishment of Midewin National Tallgrass Prairie Subtitle E: Other Matters Military Construction Authorization Act for Fiscal Year 1996 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. (Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 1995 to increase the authorized amount for a military construction project at the Patuxent River Naval Warfare Center, Maryland. (Sec. 2206) Amends the Military Construction Authorization Act for Fiscal Year 1993 to: (1) decrease the amount authorized for a military construction project relating to Damneck, Fleet Combat Training Center, Virginia; and (2) authorize, with the use of the funds under (1), above, a military construction project at the Norfolk Naval Base, Virginia. Extends through a conditional date the authorization for the Norfolk project. (Sec. 2207) Authorizes the Secretary of the Navy to acquire all rights and interest to specified property at Henderson Hall, Arlington, Virginia, to demolish a mausoleum there, and to provide for the appropriate disposition of the remains contained therein. Authorizes such Secretary to then obtain architectural engineering and design services for the construction of a Marine Corps office and warehouse facility on such property. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense (Secretary) to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. (Sec. 2402) Earmarks funds authorized under this title for crediting to the Department of Defense Housing Improvement Fund to carry out appropriate activities. (Sec. 2403) Authorizes the Secretary to: (1) improve existing military family housing in a specified amount; and (2) carry out energy conservation projects. (Sec. 2405) Authorizes appropriations for FY 1996 for military construction, land acquisition, and military family housing functions of the Department of Defense (DOD). Limits the total cost of construction projects authorized under this title. (Sec. 2406) Amends the Military Construction Authorization Act for Fiscal Year 1995 to increase the authorized amounts for military construction projects at the Pine Bluff Arsenal, Arkansas, and the Umatilla Army Depot, Oregon. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions for the NATO Infrastructure Program and authorizes appropriations for fiscal years after 1995 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1995 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 2602) Amends the Military Construction Authorization Act for Fiscal Year 1994 to decrease the amount authorized for FY 1994 for Air National Guard projects. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI on October 1, 1998, or the date of enactment of an Act authorizing funds for military construction for FY 1999, whichever is later, with exceptions. Extends certain FY 1992 and 1993 military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Authorizes the Secretary of the military department concerned, when carrying out a minor military construction project not otherwise authorized by law to correct a life-, health-, or safety-threatening deficiency, to expend up to $3 million for such project. (Currently, general minor military construction projects are limited to $1.5 million.) Authorizes such Secretary to use O&M funds to carry out such special projects which exceed $1 million. (Sec. 2803) Makes inapplicable to the acquisition of existing family housing in lieu of new construction for military family housing for five years after the enactment of this Act specified Federal provisions which limit by pay grade the net floor area authorized for such housing. Extends permanently (currently expired on September 30, 1994) the authority of the Secretary concerned to waive such net floor area limitations during the acquisition by purchase of military family housing for military personnel in pay grades below O-6. (Sec. 2805) Waives the above net floor area limits with respect to the construction, acquisition, or improvement of family housing units during the five-year period beginning on October 1, 1995. (Sec. 2806) Increases from: (1) 300 to 450 the number of military family housing units that may be leased in foreign countries for no more than $25,000 per unit per year; and (2) 220 to 350 the number of such units for which such maximum lease amount may be waived for incumbents of special positions or in other special circumstances. (Sec. 2807) Extends to all military departments (currently only the Navy) the authority to enter into limited partnerships with private developers for the development of military family housing. Redesignates the Navy Housing Investment Account as the Defense Housing Investment Account. Terminates the Navy Housing Investment Board. Extends through FY 2000 the authority to enter into such partnerships. (Sec. 2808) Revises limitations on cost increases with respect to contracts for the construction of military family housing. (Sec. 2809) Authorizes the Secretary to convey any military family housing facilities that, due to damage or deterioration, is in a condition that is uneconomical to repair. Makes such authority inapplicable to housing facilities on military installations approved for closure under a base closure law or at facilities outside the United States at which the Secretary terminates operations. Limits to $5 million in any fiscal year the aggregate total value of the facilities authorized to be conveyed. Outlines provisions concerning: (1) consideration; (2) a requirement to notify the Congress 21 days in advance; (3) the inapplicability of certain Federal property disposal laws; and (4) the deposit of conveyance proceeds into the Department of Defense Military Housing Improvement Fund to be used for construction of new military family housing. (Sec. 2810) Includes water efficient maintenance within a current DOD energy performance goal and plan. (Sec. 2811) Authorizes the Secretary concerned to exercise any authority to provide for the acquisition, construction, improvement, or rehabilitation by private persons of: (1) family housing units on or near military installations within the United States and its territories and possessions; and (2) unaccompanied housing units on or near such installations. Authorizes such Secretary to make direct loans and loan guarantees to such private persons for such purposes, with loan and guarantee limits. Allows such loans and guarantees to be made only to the extent that appropriations are made in advance or other authority is provided in appropriation Acts. Authorizes the Secretary concerned to: (1) contract for the lease of family or unaccompanied housing units to be constructed, improved, or rehabilitated for such purposes; and (2) invest in nongovernmental entities carrying out such projects, with an investment value limit. Authorizes such Secretary to enter into collateral incentive agreements with nongovernmental entities under which such entities agree to ensure a preference to military personnel in the lease or purchase of a reasonable number of houses covered by the investment. Authorizes the Secretary concerned to enter into rental guarantees which assure the occupancy of units and the appropriate rental income which should be derived from such units, allowing such Secretary to pay more than the rental amount to encourage a lessor to make such housing available to military personnel. Authorizes the Secretary concerned to convey or lease property or facilities to private persons and use the proceeds to carry out such military housing activities. Makes such authority inapplicable to property or facilities at a military installation approved for closure under a base closure law. Provides, with respect to construction of new housing facilities, for: (1) interim leases prior to the completion of an entire project; (2) required conformity in room patterns and floor areas with similar military family housing units in the locale; (3) the inapplicability of current floor space limitations based on pay grade; and (4) the acquisition or construction of appropriate support facilities to accompany such family housing. Authorizes the Secretary concerned to: (1) assign military personnel to housing units acquired under these provisions; and (2) obtain housing lease payments through pay allotments. Establishes in the Treasury the Department of Defense Housing Improvement Fund and provides credits to the Fund. Requires such funds to be used for such military housing activities. Limits to $1 billion the total value in budget authority of all contracts, agreements, and investments undertaken under these provisions for such military housing activities. Requires the Secretary to report: (1) to appropriate congressional committees on each contract or agreement entered into for such military housing activities; and (2) annually in conjunction with the budget submission by the President on the use of authorities provided under these provisions. Terminates five years after the enactment of this Act the authority to enter into any transaction for such military housing activities. Requires a final report from the Secretary to the congressional defense committees no later than March 1, 2000. (Sec. 2812) Makes permanent (currently ends on September 30, 1995) the authority of the Secretary to enter into leases of land for special operations activities. Requires the Secretary to report annually to the defense committees on leasehold interests acquired for such purposes. (Sec. 2813) Authorizes the use of DOD funds for the construction of school facilities under the Elementary and Secondary Education Act of 1965. Subtitle B: Defense Base Closure and Realignment - Authorizes the Secretary concerned to accept the services of a lessee for an entire installation to be closed or realigned under a base closure law, or any part of such installation, without regard to the normal requirement that a substantial portion of the installation be leased. (Sec. 2822) Amends the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990 (the base closure laws) to authorize the Secretary to enter into any type of agreement (currently, to contract) for the provision of community services at installations being closed or realigned. (Sec. 2823) Amends the Defense Base Closure and Realignment Act of 1990 to authorize the use during FY 1996 of funds in the Defense Environmental Restoration Account for environmental restoration at installations approved for closure or realignment under such Act. (Sec. 2824) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the lease of real property located at an installation approved for closure under a base closure law if: (1) the lessee has agreed to purchase the property; (2) the EPA Administrator has determined the property suitable for leasing; and (3) there are adequate assurances that the United States will take all environmental remediation action still required on such property. Subtitle C: Land Conveyances - Authorizes the Secretary of the Air Force to acquire a parcel of real property adjacent to Shaw Air Force Base, South Carolina. Authorizes a land exchange of equivalent fair market value in order to receive such property. (Sec. 2832) Authorizes the Secretary of the Navy to enter into an agreement with the Port Authority of Mississippi under which the Port Authority may use up to 50 acres of real property and related facilities at the Naval Construction Battalion Center, Gulfport, Mississippi. Outlines agreement terms, restrictions, and limitations, including the requirement that the use of such property must be consistent with Navy operations at the Center. Requires congressional notification 21 days before entering into such an agreement. Authorizes such Secretary to use proceeds received from the fair rental value of such property for general administrative costs at the Center. (Sec. 2833) Authorizes the Secretary of the Navy to convey to: (1) Burlington County, New Jersey, the resource recovery facility at Fort Dix, New Jersey; (2) Augusta, Georgia, specified water and wastewater treatment plants at Fort Gordon, Georgia; (3) Blackstone, Virginia, a water treatment plant at Fort Pickett, Virginia; (4) the Southern California Edison Company the electric power distribution system at Fort Irwin, California; and (5) the Weyerhaeuser Real Estate Company, Washington, a specified portion of real property at Fort Lewis, Washington (requiring a land exchange from Weyerhaeuser as part of such conveyance). Subtitle D: Transfer of Jurisdiction and Establishment of Midewin National Tallgrass Prairie - Illinois Land Conservation Act of 1995 - Directs the Secretary of Agriculture (Secretary, for purposes of this Subtitle) to establish the Midewin National Tallgrass Prairie (MNP) to consist of portions of the Joliet Army Ammunition Plant (Arsenal) in Illinois and to be managed as part of the National Forest System. (Sec. 2853) Sets forth provisions regarding: (1) roads, utility rights-of- way, and access within the MNP; (2) agricultural leases and special use authorizations; (3) user fees; (4) salvage of improvements; (5) treatment of user fees and salvage receipts; and (6) cooperation with States, local governments, and other entities. (Sec. 2854) Authorizes the Secretary of the Army to transfer the Arsenal property constituting the MNP, without reimbursement, to the Secretary. Permits the transfer of portions only for which no further action is required under environmental laws and that have been eliminated from the areas to be studied further pursuant to the Defense Environmental Restoration Program for the Arsenal. Directs the Secretary of the Army to retain jurisdiction, authority, and control over real property that is used for: (1) water treatment; (2) the treatment, storage, or disposal of hazardous substances or petroleum products or derivatives; and (3) response purposes or actions required under environmental laws to remediate contamination or noncompliance. (Sec. 2855) Authorizes the Secretary of the Army to convey certain Arsenal property to: (1) the Department of Veterans Affairs for use as a national cemetery; (2) Will County, Illinois, for use as a landfill; and (3) the village of Elwood and the city of Wilmington, Illinois, for use as industrial parks. Provides that the use of such landfill by Federal agencies or additional acreage added for purposes of accommodating the disposal of materials from the restoration of the Arsenal shall be at no cost to the Federal Government. Requires such property to revert to the Secretary for inclusion in the MNP if the property is not operated as a landfill. Provides for the conveyance of specified other Arsenal property to be added to the MNP subject to the Secretary's acceptance. (Sec. 2856) Directs the Secretary of the Army, with respect to the real property at the Arsenal to be transferred, to complete all remedial, response, or other actions required under any environmental law before carrying out such transfers. Requires the Secretary of the Army to retain any obligation or liability at the Arsenal as required under CERCLA and other environmental laws. Subtitle E: Other Matters - Directs the Secretary of Defense to carry out the Department of Defense Laboratory Revitalization Demonstration Program under which the Secretary may carry out minor military construction projects in order to improve DOD laboratories. Increases the maximum costs of minor construction projects for purposes of the Program. Directs the Secretary to designate the DOD laboratories to be covered by the Program. Requires a report. Prohibits the Secretary from commencing a construction project under the Program after September 30, 1999. (Sec. 2862) Prohibits the Secretary of the Navy from entering into any agreement that provides for or permits civil aircraft to regularly use Miramar Naval Air Station, California. (Sec. 2863) Directs the Secretary of the Army to report to the defense committees on the status of negotiations on an agreement relating to a land conveyance at Fort Belvoir, Virginia, as required under the Military Construction Authorization Act for Fiscal Year 1990 and 1991.
Bill· SS. 1126 (104th)open
United States · United States Congress · 7 August 1995
TABLE OF CONTENTS: Title XXXI (sic): Department of Energy National Security Programs Subtitle A: National Security Programs Authorizations Subtitle B: Recurring General Provisions Subtitle C: Program Authorizations, Restrictions, and Limitations Subtitle D: Transfer of Jurisdiction Over Department of Energy National Security Functions Subtitle E: Other Matters Title XXXII: Defense Nuclear Facilities Safety Board Title XXXIII: Naval Petroleum Reserves Department of Energy National Security Act for Fiscal Year 1996 - Title XXXI (sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1996 for operating expenses, plant projects, and capital equipment necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) various other defense activities; (4) defense nuclear waste disposal; and (5) the payment of penalties to the Hazardous Substances Superfund assessed against the Rocky Flats, Colorado, nuclear site. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy (Secretary) transmits to the appropriate congressional committees a full statement of the action proposed and 30 days have since expired. (Sec. 3122) Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Provides fund transfer authority (requiring congressional notification of any such transfer). (Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated costs exceed $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount. (Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the Senate and House Armed Services and Appropriations Committees (congressional defense committees) when funds are so used. Makes funds for management and support activities and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Earmarks specified funds authorized under this title for specified three-year programs of research and development with respect to certain tritium production activities, including activities at the Los Alamos National Laboratory, New Mexico, and the Idaho National Engineering Laboratory. (Sec. 3132) Earmarks specified funds authorized under this title for certain plutonium disposition activities, including an environmental assessment. (Sec. 3133) Authorizes specified tritium-related activities to be carried out at the Savannah River Site, South Carolina, and the Los Alamos National Laboratory. (Sec. 3134) Directs the Secretary to carry out a program for establishing within the Government a manufacturing infrastructure which has the capability to: (1) refabricate and certify the enduring nuclear weapons stockpile; and (2) manufacture new nuclear warheads. Outlines required capabilities. Provides funding. (Sec. 3135) Earmarks funds authorized under this title for hydronuclear experiments at the Nevada Test Site. (Sec. 3136) Directs the Secretary to conduct a fellowship program for the development of skills critical to the ongoing mission of the DOE nuclear weapons complex. Outlines provisions concerning eligible individuals and DOE facilities at which the fellowship program shall be carried out. Provides funding. (Sec. 3137) Provides the effect of the issuance of environmental impact statements upon the use of appropriated funds for certain DOE facilities. (Sec. 3138) Directs the Secretary to: (1) prepare a comprehensive environmental impact statement for the dual-axis radiographic hydrotest facility project; and (2) issue a record of decision on the project pursuant to such statement. (Sec. 3139) Prohibits the use of FY 1996 DOE funds for specified research and education purposes. (Sec. 3140) Earmarks funds authorized under this title for: (1) electrometallurgical processing activities at the Idaho National Engineering Laboratory; (2) the processing of spent nuclear fuel rods at the Savannah River Site and the Idaho National Engineering Laboratory; and (3) the DOE Declassification Productivity Initiative. (Sec. 3142) Authorizes the Secretary to reprogram funds available to DOE for FY 1996 for activities related to the disposition of spent nuclear fuel in the Democratic People's Republic of Korea. Limits to $5 million the total amount authorized to be reprogrammed. (Sec. 3143) Earmarks funds authorized under this title for activities relating to worker protection at DOE nuclear weapons facilities. Subtitle D: Transfer of Jurisdiction Over Department of Energy National Security Functions - Expresses the sense of the Senate: (1) recognizing the critical importance of the U.S. nuclear weapons stockpile; and (2) questioning DOE's ability to continue to manage the stockpile. Directs the Secretaries of Defense and Energy to jointly submit to the Congress, by February 1, 1996, a report setting forth the notional plans which examine the potential transfer to the Department of Defense or an independent establishment of responsibility for the national security programs of DOE. Provides the various DOE organizations to be included in any such transfer, as well as other matters to be included in the plans. Requires each Secretary to ensure that the current mission and functioning of DOE national security programs would not be adversely affected during any transfer of responsibility. Subtitle E: Other Matters - Requires the Office of Military Applications under the Assistant Secretary of Energy for Defense Programs to retain responsibility for DOE's Defense Programs Emergency Response Program. (Sec. 3162) Provides the requirements for DOE weapons activities budgets for fiscal years after 1996. (Sec. 3163) Directs the Secretary to take appropriate actions to maintain the enduring nuclear weapons stockpile in complete readiness for use. (Sec. 3164) Directs the President to submit to the congressional defense committees a report on any presidential plans to purchase tritium from foreign suppliers for nuclear weapons stockpile purposes. (Sec. 3165) Requires the Secretary to direct the joint preparation by the Lawrence Livermore and Los Alamos National Laboratories of a report on permitting alternative limits to limits on the explosive yield of hydronuclear tests. Provides funding. (Sec. 3166) Directs the President to report to the Congress a master plan on current and future warheads in the enduring nuclear weapons stockpile. (Sec. 3167) Prohibits the Secretary from allowing an international inspection of a nuclear weapons facility until: (1) the Secretary certifies to the Congress that no restricted data or classified information will be revealed during such inspection; and (2) 30 days have elapsed since such certification. Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1996 for the Defense Nuclear Facilities Safety Board. Title XXXIII: Naval Petroleum Reserves - Directs the Secretary to sell all U.S. rights and interest to lands inside Naval Petroleum Reserve Number 1 (Elk Hills unit), Kern County, California. Directs the Secretary, within three months after the effective date of this Act, to finalize the equity interests of the known oil and gas zones in the Elk Hills unit after following the recommendations of an independent petroleum engineer or using other appropriate methods. Provides time limits and administrative procedures for such sale. Directs the United States to hold harmless and indemnify the purchaser of the Elk Hills unit from any liability resulting from its former ownership by the United States. Reserves seven percent of the sale proceeds from the Elk Hills unit for the resolution of all claims against the United States by California with respect to the production of, and proceeds of petroleum sales from, the Elk Hills unit. Requires the continued full production of the Elk Hills unit until completion of the sale. Provides transition provisions with respect to current petroleum contracts at Elk Hills. Prohibits the Secretary from entering into a contract for the sale of the Elk Hills unit until 31 days after notifying the defense committees of the proposed sale. Provides that, if the Secretary receives only one offer for the sale of Elk Hills, then the Secretary may not enter into a sale contract unless: (1) the Secretary notifies the Congress that only one offer was received, together with the offeror's conditions; and (2) a joint resolution approving such sale is enacted within 45 days after such notification. Provides joint resolution procedures. Authorizes appropriations for carrying out the sale of the Elk Hills unit. (Sec. 3302) Directs the Secretary to study and report to the Congress on the most cost-effective option of operating the naval petroleum reserve units other than Elk Hills.
Bill· HRH.R. 2252 (104th)referred
United States · United States Congress · 4 August 1995
Directs the Secretary of Education to provide demonstration grants to secondary schools to extend the length of the academic year at such schools, for three consecutive years, to at least 200 academic days, with each such day consisting of at least seven hours of actual instruction. Requires selection, to the extent practicable, of schools that: (1) have a high percentage of students from single-parent homes or homes where both parents work; (2) are located in economically depressed communities with high percentages of individuals with alcohol and other drug abuse problems and individuals involved in gang activities; and (3) are equitably distributed among various regions and among rural and urban areas. Directs the Secretary to study and report to the President, the Congress, and each pertinent State educational agency on the effects of such academic year extension. Authorizes appropriations.
Bill· HRH.R. 2211 (104th)referred
United States · United States Congress · 4 August 1995
Dioxin Reduction and Incinerator Alternatives Act of 1995 - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion of municipal solid waste incinerators until 2001. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 2000, unless the applicant demonstrates that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted; (2) specified percentages of certain waste categories are diverted to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment, human health, or the local economy and is not situated in a nonattainment area identified under the Clean Air Act; (6) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (7) the waste management jurisdiction conducts a public participation process; (8) the proposed construction or expansion is approved by the affected unit of local government; (9) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; (10) an approved environmental impact statement is completed; (11) the facility is not located within one and a half miles of specified sites, including schools or churches, or of a drinking water source; (12) certain incinerator capacity studies have been completed; and (13) the facility will not have a disproportionate impact on minority or low-income communities. Requires ash from municipal solid waste incinerators to be managed in a monofill that contains only such ash and meets specified design requirements. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless requirements similar to those for municipal solid waste incinerators have been met. Directs hazardous waste management permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act to any facility that burns hazardous waste.
Bill· HRH.R. 2207 (104th)referred
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Mental Health Title II: Substance Abuse Title III: General Substance Abuse and Mental Health Performance Partnership Act of 1995 - Title I: Mental Health - Amends subpart I (Block Grants for Community Mental Health Services) of part B (Block Grants Regarding Mental Health and Substance Abuse) of title XIX (Block Grants) of the Public Health Service Act to remove provisions relating to: (1) formula grants to States; (2) State plans for community mental health services; and (3) certain funding agreements regarding services for children and regarding community mental health programs. Declares that the goals of the subpart are for the States and the Federal Government, working together in a partnership, to improve the quality of life of adults with serious mental illness and children with a serious emotional disturbance and to improve the overall mental health of the nation. Directs the Secretary of Health and Human Services to specify a list of performance partnership objectives and a core set of not more than five of those objectives that address mental health problems of national significance. Requires States, in order to receive a grant under the subpart, to propose a performance partnership including one or more of the objectives. Provides for negotiations. Mandates a grant to each State with which agreement is reached. (Sec. 102) Requires that a State report relating to the grant be reviewed by the State mental health planning council. (Sec. 103) Requires affording a State an opportunity to correct or mitigate a failure to meet maintenance of effort requirements. (Sec. 104) Ends a prohibition on spending the grant to provide financial assistance to entities other than public or nonprofit private entities. (Sec. 105) Revises minimum allotment requirements. (Sec. 106) Authorizes appropriations to carry out subpart I (Block Grants for Community Mental Health Services) and subpart III (General Provisions) of title XIX (Block Grants) and provisions relating to data collection with respect to mental health. (Sec. 107) Revises requirements regarding reservation of certain percentages for data collection, technical assistance, and payments to Indian tribes and tribal organizations and allows certain percentages to be reserved for payments to States with high or improved performance. Authorizes the Secretary of Health and Human Services to collect data, directly or through grants, contracts, or cooperative agreements, as needed to carry out part B (Block Grants Regarding Mental Health and Substance Abuse). (Sec. 108) Repeals part C (Projects for Assistance in Transition from Homelessness) of title V (Substance Abuse and Mental Health Services Administration). (Sec. 109) Replaces provisions relating to the establishment of grant programs for demonstration projects with provisions authorizing grants, contracts, and cooperative agreements for mental health prevention, treatment, and training demonstration projects. Repeals provisions relating to demonstration projects for individuals with positive test results for the etiologic agent for acquired immune deficiency syndrome (AIDS). (Sec. 110) Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to authorize appropriations to carry out title I (Protection and Advocacy Systems) of the Act. Revises minimum allotment requirements. (Sec. 111) Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to children with serious emotional disturbances. Allows waiver regarding required mental health services for Indian tribes and specified U.S. territories and possessions. (Sec. 112) Limits discharges in bankruptcy of the period of obligated service under provisions relating to mental health clinical traineeships. Title II: Substance Abuse - Amends subpart II (Block Grants for Treatment of Substance Abuse) of part B (Block Grants Regarding Mental Health and Substance Abuse) of title XIX (Block Grants) of the Public Health Service Act to remove provisions relating to: (1) formula grants to States; and (2) intravenous substance abuse. Declares that the goals of the subpart are for the States and the Federal Government, working together in a partnership, to reduce substance abuse and dependence, improve access, availability, and effectiveness regarding prevention and treatment, and reduce health risks. Directs the Secretary of Health and Human Services to specify a list of performance partnership objectives and a core set of not more than five of those objectives that address substance abuse problems of national significance. Requires States, in order to receive a grant under the subpart, to propose a performance partnership including one or more of the objectives. Provides for negotiations. Mandates a grant to each State with which agreement is reached. (Sec. 202) Removes provisions requiring: (1) grant recipients to make available tuberculosis services; (2) a revolving fund for establishing group homes for recovering substance abusers; (3) specified minimum percentages to be allocated regarding alcohol and regarding other drugs; (4) specified minimum percentages to be allocated regarding pregnant women and women with dependent children; (5) treatment services for pregnant women; (6) an improved treatment referral process; (7) continuing education for treatment and prevention employees; and (8) submission of a State assessment of needs. Removes provisions authorizing waiver of coordination requirements. (Sec. 203) Increases from ten to 15 cases per 100,000 the threshold for requiring that a State provide HIV disease early intervention services for individuals undergoing treatment for substance abuse. (Sec. 204) Revises procedures applicable to noncompliance States, allowing an opportunity to correct or mitigate. (Sec. 205) Removes a prohibition on providing financial assistance to any entity other than a public or nonprofit private entity. (Sec. 206) Authorizes appropriations to carry out subpart II (Block Grants for Treatment of Substance Abuse), subpart III (General Provisions) of title XIX (Block Grants), and provisions relating to a national data base on substance abuse prevention. (Sec. 207) Revises requirements regarding reservation of specified percentages for data collection, technical assistance, evaluations, and Indian tribes and tribal organizations and allows a specified percentage to be reserved for payments to States with high or improved performance. (Sec. 208) Replaces provisions authorizing grants, contracts, and cooperative agreements for the benefit of homeless individuals with provisions authorizing grants, contracts, and cooperative agreements for substance abuse prevention, treatment, and training demonstration projects. Repeals provisions of the Public Health Service Act relating to: (1) residential treatment programs for pregnant and postpartum women; (2) outpatient treatment programs for pregnant and postpartum women; (3) demonstration projects of national significance concerning improving substance abuse treatment; (4) grants for substance abuse treatment in State and local criminal justice systems; (5) training in the provision of treatment; (6) clinical training for substance abuse counselors and other health professionals involved in drug abuse education, prevention (sic); (7) community programs for drug abuse prevention; (8) prevention, treatment, and rehabilitation model projects for high risk youth; (9) employee assistance programs; (10) a model comprehensive program for treatment of substance abuse; and (11) expansion of capacity for providing treatment. (Sec. 209) Requires States to establish and maintain a State substance abuse prevention and treatment planning council. (Sec. 210) Removes provisions relating to minimum allotments. (Sec. 211) Repeals: (1) part E (Narcotic Addicts and Other Drug Abusers) of title III (General Powers and Duties) of the Public Health Service Act; (2) titles III (Civil Commitment of Persons Not Charged With Any Criminal Offense) and IV (Rehabilitation and Posthospitalization Care Programs and Assistance to States and Localities) of the Narcotic Addict Rehabilitation Act of 1966 (NARA); and (3) chapter 175 (Civil Commitment and Rehabilitation of Narcotic Addicts) of the Federal criminal code. Title III: General - Amends the Public Health Service Act to impose reporting requirements regarding the mental health partnerships and substance abuse partnerships under this Act. (Sec. 302) Removes provisions requiring peer review of both partnerships. (Sec. 303) Replaces provisions requiring Federal compliance reviews in at least ten States each year with provisions requiring Federal performance reviews every three to five years. (Sec. 304) Gives States an additional year to obligate grant funds. (Sec. 306) Authorizes appropriations to carry out amendments made by this Act relating to: (1) substance abuse prevention, treatment, and training demonstration projects; and (2) mental health prevention, treatment, and training demonstration projects. (Sec. 309) Authorizes the Secretary of Health and Human Services to select a list of prototype performance partnership objectives and a core set of those objectives on which all States should report.
Bill· SS. 1117 (104th)referred
United States · United States Congress · 3 August 1995
TABLE OF CONTENTS: Title I: Temporary Employment Assistance Title II: Work First Employment Block Grant Title III: Supporting Work Title IV: Ending the Cycle of Intergenerational Dependency Title V: Interstate Child Support Responsibility Subtitle A: Improvements to the Child Support Collection System Subtitle B: Effect of Enactment Title VI: Supplemental Security Income Reform Subtitle A: Eligibility Restrictions Subtitle B: Benefits for Disabled Children Subtitle C: Study of Disability Determination Process Subtitle D: National Commission on the Future of Disability Title VII: Provisions Relating to Sponsors Title VIII: Food Stamp Program Integrity and Reform Title IX: Effective Date; Miscellaneous Provisions Work First Act of 1995 - Title I: Temporary Employment Assistance - Replaces the current Aid to Families with Dependent Children (AFDC) Program under part A of title IV of the Social Security Act (SSA) with a Temporary Employment Assistance (TEA) program for the purpose of providing assistance to families with needy children and assisting parents of such children to obtain and retain private sector work to the extent possible, and public sector or volunteer work if necessary, through the Work First Employment Block Grant (WORK) program. Authorizes appropriations. (Sec. 101) Sets forth the elements for State TEA plans to be approved by the Secretary of Health and Human Services, including limits on the length of time for cash assistance, with specified exceptions for teen parents and individuals exempt from certain work requirements under this title because of illness or other specified reasons. Includes among such elements requirements for the State to assess the skills, prior work experience, and employability of each parent applicant and develop a parent empowerment contract setting forth their job search, work-, and education-related obligations (including, at State option, appropriate substance abuse treatment) in order to receive the full amount of program assistance, with assistance denied after the third act of noncompliance with the contract. Requires State WORK plans to: (1) guarantee child care assistance for each TEA family with a needy child requiring such care, to the extent necessary for an individual in the family to participate in job search activities, to work, or to participate in the WORK program; (2) provide for development of programs to reduce the incidence of out-of- wedlock and teen pregnancies; (3) promote family preservation and stability; and (4) develop a quality assurance system for use under the plan along with associated data collection and reporting. Outlines special rules regarding alien eligibility for TEA program assistance. Directs the Secretary to compile data on the effectiveness of the programs under this title for annual reports to the Congress. Provides that upon receiving notice from a State agency administering an approved plan that a named individual has been overpaid under it, the Secretary of the Treasury shall: (1) determine whether any tax refunds are payable to such individual, regardless of whether he or she filed a return as a married or unmarried individual; and (2) withhold from any such refunds an amount equal to the overpayment sought to be collected, and pay it to the State agency. Requires the Secretary to issue regulations allowing a State to submit requests for collection of overpayments only with respect to individuals no longer receiving TEA assistance against whom the State has already taken appropriate action, including notice of its intent to request such withholding of income tax refunds. Specifies rules for the collection of overpayments under SSA title IV part A. Title II: Work First Employment Block Grant - Replaces the current Job Opportunities and Basic Skills (JOBS) Training Program under SSA title IV part F with the WORK program of title I, under which States shall have the option of providing a wide variety of work-related activities to clients in the TEA program. Makes the stated goal of the WORK program the achievement in a cost-effective fashion of full-time unsubsidized paid employment for each adult on TEA assistance. (Sec. 201) Allows States to place in such program clients of TEA assistance pursuant to an approved State plan who have signed a contract described above and absent parents who are unemployed, on the condition that, once employed, such parents meet their child support guidelines, with certain exceptions for clients who are seriously ill or of advanced age. Requires States operating such WORK programs to achieve certain work performance rates over a specified fiscal year period, with reduced Federal payments for States failing twice to achieve the rate required. Makes use of performance-based bonuses under such program for States achieving their specified fiscal year work performance rate. Provides that each client, who is not exempt from work requirements, shall begin the WORK program by participating for two months in job search activities designed by the State. Provides that if, after two years, a client who has signed a parent empowerment contract is not working at least 20 hours a week, then the State shall offer that client a workfare or community service position, with hours per week and tasks to be determined by the State. Outlines job placement assistance for program clients, including the use of vouchers with private placement companies. Provides for various WORK program components, including certain family investment programs, microenterprises, and workfare and community service programs. Sets funding levels for State WORK programs. (Sec. 202) Allows State TEA plans to describe the State's efforts to streamline and consolidate activities to simplify the process of applying for a range of Federal and State assistance programs, including the use of "one-stop offices" to coordinate the application process for individuals and families with low-incomes or limited resources, and to ensure that applicants and recipients receive the information they need with regard to such range of programs. Allows such plans to require the use of incentives to change the culture of each appropriate State agency, to improve employee performance, and to ensure that the objective of each State agency is to find unsubsidized paid employment for each program client as efficiently and as quickly as possible. (Sec. 203) Authorizes the Secretary to make grants to eligible community-based organizations that move clients on TEA or other public assistance into private sector work. Authorizes appropriations. Directs the Secretary to enter into agreements with nonprofit organizations for the purpose of conducting projects to create employment opportunities for certain low-income individuals. Title III: Supporting Work - Amends title XIX (Medicaid) of the Social Security Act to provide for an extension of Medicaid enrollment for former temporary employment assistance recipients for one additional year. (Sec. 302) Amends authorization provisions under the Child Care and Development Block Grant Act of 1990 (for purposes related to providing child care services for eligible children through the awarding of State block and matching grants) for the stated purpose of: (1) eliminating program fragmentation and creating a seamless system of high quality child care that allows for continuity of care for children as parents move from welfare to work; (2) providing for parental choice among high quality child care programs; and (3) increasing the availability of high quality affordable child care in order to promote self-sufficiency and support working families. Repeals the State Dependent Care Grant program under the Omnibus Budget Reconciliation Act of 1981, and the Child Development Associate Scholarship Assistance Act of 1985. Title IV: Ending The Cycle of Intergenerational Dependency - Amends new SSA title IV part A to require State TEA plans to require adult-supervised living arrangements for unmarried minors who are pregnant or who have a needy child in their care in order for them to receive assistance under such plans, with certain exceptions where the appropriate State agency determines current living arrangements to be appropriate. (Sec. 402) Amends SSA title XX (Block Grants to States for Social Services) to provide for the establishment of an adult-supervised group home entitlement program for minor custodial parents and their children for the purpose of reinforcing families. (Sec. 403) Requires completion of high school or other training for teenage parents under the new TEA program who are required to participate in the WORK program, including any available substance abuse treatment services for needy individuals whose contract reflects the need for such treatment services. Gives States the option to provide additional incentives and penalties to encourage teen parents to complete high school and participate in parenting activities. (Sec. 405) Requires the State TEA plan to provide for the development of a program to reduce the incidence of out-of-wedlock pregnancies, which may include providing unmarried mothers and unmarried fathers with services which will help them: (1) avoid subsequent pregnancies; and (2) provide adequate care to their children. Requires the plan also to provide that the State agency may, to the extent it determines resources are available, provide for the operation of projects to reduce teenage pregnancy. Requires the Secretary to conduct a study to determine the relative effectiveness of the different approaches for preventing teenage pregnancy utilized in such projects. Adds funding provisions for teen pregnancy projects. Authorizes appropriations. (Sec. 406) Directs the Secretaries of Education and of Health and Human Services and the Chief Executive Officer of the Corporation for National and Community Service to establish a National Clearinghouse on Teenage Pregnancy Prevention Programs: (1) for the collection and provision of information relating to adolescent pregnancy prevention programs; and (2) as a material development source for adolescent pregnancy prevention programs. Authorizes appropriations. Title V: Interstate Child Support Responsibility - Interstate Child Support Responsibility Act of 1995 - Subtitle A: Improvements to the Child Support Collection System - Part I: Eligibility and Other Matters Concerning Title IV-D Program Clients - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require States to have statutorily prescribed procedures to: (1) record child support orders in a central case registry; and (2) collect child support payments through a centralized collections unit. (Sec. 501) Revises requirements for: (1) State plans for child and spousal support; and (2) payments distribution. (Sec. 503) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Part II: Program Administration and Funding - Revises the formulae for: (1) Federal matching payments to the States; and (2) incentive adjustments to the Federal matching rate. (Sec. 513) 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. 515) 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. 516) Directs the Secretary of Health and Human Services (the Secretary) to conduct staffing studies of each State child support enforcement program, and report the results to the Congress. (Sec. 517) 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. Part 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. 522) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 523) 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. 525) Revises the Federal Parent Locator Service to add kinds of information which may be transmitted to locate individuals and assets for purposes of establishing parentage and executing child support obligations. Requires the Secretary to establish in the Service a Data Bank of Child Support Orders and an automated directory of New Hires. (Sec. 526) Requires State plans to: (1) provide for a State- operated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 527) Requires State plans to include procedures for recording Social Security numbers on certain family legal documents and records, and on all applications for motor vehicle and professional licenses. Part IV: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. (Sec. 532) Amends the Federal judicial code to revise the rules for a court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 533) Amends SSA title IV part D to revise State plan guidelines for mandatory expedited administrative and judicial procedures to include: (1) authorized genetic testing to establish paternity; and (2) the securing of assets and increasing of monthly payments to satisfy a support arrearage. Part V: Paternity Establishment - Revises the guidelines for statutorily prescribed procedures governing genetic testing and outreach for voluntary paternity acknowledgment. (Sec. 543) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support, Aid to Families with Dependent Children (AFDC), and Medicaid to provide that the State agency administering the plan will determine whether a program recipient is cooperating with efforts to establish paternity and secure support, or has good cause not to cooperate with such efforts. Part VI: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines. (Sec. 552) Revises the requirements for State plan procedures for the review and adjustment of support orders. Part VII: Enforcement of Support Orders - Amends the Internal Revenue Code to revise the priority of refund distribution with respect to past-due support owed to individuals. (Sec. 563) Amends SSA title IV part D to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of current and retired members of the Armed Forces. (Sec. 565) 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; and (6) calculating interest or penalties on such arrearages. (Sec. 571) Prescribes procedural guidelines for passport denial (or revocation) upon certification of nonpayment of child support. (Sec. 572) Expresses the sense of the Congress that the United States should ratify the United Nations Convention of 1956. Requires State plans to provide that the State must treat international child support cases as interstate cases. Part VIII: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of "medical child support order" an order issued through a State administrative process. Part IX: Visitation and Support Assurance Projects - Authorizes grants to States to establish and administer programs to facilitate absent parents' access and visitation programs. Authorizes appropriations. (Sec. 592) Authorizes the Secretary to permit State demonstration projects in one or more political localities for the purpose of establishing or improving a system of assured minimum child support payments. Authorizes appropriations. Subtitle B: Effect of Enactment - Sets forth effective dates for this Act. Title VI: Supplemental Security Income Reform - Subtitle A: Eligibility Restrictions - Amends SSA title XVI (Supplemental Security Income) to provide for the termination of SSI cash benefits for drug addicts and alcoholics whose alcoholism or drug addiction is a contributing factor towards the individual's disability. Revises associated treatment requirements. Subtitle B: Benefits for Disabled Children - Revises the eligibility rules for children, with corresponding changes to childhood SSI regulations: (1) modifying the medical criteria for evaluation of mental and emotional disorders by eliminating references to maladaptive behavior in the domain of personal-behavioral function; and (2) discontinuing the use of individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under age 18 who is receiving SSI benefits based on a disability as of the date of the enactment of this Act, and whose eligibility for such benefits may terminate by reason of this subtitle. (Sec. 612) Provides that at least every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained age 18 and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, if the Commissioner chooses, which is unlikely to improve). Requires a parent or guardian of a recipient whose case is so reviewed to present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under the SSI program. Provides that if an individual is eligible for SSI benefits by reason of disability for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Outlines specific requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. Provides for continuing Medicaid eligibility under SSI for certain children showing improvement following a continuing disability review. Subtitle C: Studies Regarding Supplemental Security Income Program - Requires the Commissioner of Social Security to report annually to the President and the Congress regarding the SSI program. (Sec. 622) Requires the Commissioner to issue a request for comments in the Federal Register on improvements to the disability evaluation and determination procedures for individuals under age 18 to ensure the comprehensive assessment of such individuals. Directs the Commissioner to review such comments and issue any regulations implementing any necessary changes not later than 18 months after this Act is enacted. (Sec. 623) Requires the Commissioner to make arrangements with the National Academy of Sciences, or other independent entity, to study and report to the President and the Congress on the disability determination process under SSA titles II and XVI. (Sec. 624) Directs the Comptroller General to study and report on the impact of this title on the SSI program. Subtitle D: National Commission on the Future of Disability - Establishes the National Commission on the Future of Disability to study all matters related to the nature, purpose, and adequacy of all Federal programs serving individuals with disabilities, including the programs under SSA titles II and XVI, with resulting recommendations for appropriate action submitted to the President and the Congress. Title VII: Provisions Relating to Sponsors - Makes uniform the eligibility criteria for qualified aliens under various specified public assistance programs, including the TEA and Medicaid programs. (Sec. 702) Extends, with certain exceptions, the deeming of income and resources of an alien's sponsor or sponsor's spouse under the SSI and food stamp programs through the date on which the alien becomes a U.S. citizen. (Sec. 703) Amends the Immigration and Nationality Act to specify requirements for an alien's sponsor's affidavit of support, extending such requirements to family-related and diversity immigrants as well. Title VIII: Stamp Program Integrity and Reform - Amends the Food Stamp Act of 1977 (Act) to establish a maximum 24-month food stamp program (program) authorization period for certain households. (Sec. 803) Revises the definition of "coupon." (Sec. 805) Revises thrifty food plan adjustment requirements. (Sec. 806) Revises household income provisions regarding: (1) students; (2) Federal energy assistance; (3) job training income; (4) standard deductions; (5) life insurance proceeds; and (6) vendor payments for transitional housing. (Sec. 813) Increases penalties for certain program violations, including coupon trafficking for drugs or firearms. (Sec. 814) Revises work requirements and employment and training provisions. Extends employment and training funding authorizations. (Sec. 816) Establishes a ten-year disqualification period for participating in the program in two or more States. (Sec. 817) Disqualifies an individual in child support arrears from program participation. (Sec. 818) Encourages implementation of a national electronic benefit transfer delivery system. (Sec. 821) Revises State operating plan requirements. (Sec. 822) Reduces program allotments or increases for noncompliance with specified work requirements under the Social Security Act. (Sec. 823) Provides for revised application and benefit procedures. (Sec. 824) Authorizes the Secretary of Agriculture to establish specific time periods for: (1) retail food stores and wholesale food concerns (stores) to apply for program participation; and (2) prohibition of program participation based on lack of business integrity. (Sec. 826) Includes tax information among the types of eligibility verification information which may be requested. (Sec. 827) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 828) Makes the collection of overissuance of coupons from Federal pay or Federal tax refunds (as authorized by this section) mandatory. (Sec. 832) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 833) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 834) Provides for permanent disqualification of a store that knowingly submits a falsified application. (Sec. 835) Establishes criminal forfeiture penalties for specified program violations. (Sec. 837) Authorizes appropriations for Puerto Rico block grants. (Sec. 838) Amends the Social Security Act and the Internal Revenue Code to authorize the sharing of certain retail or wholesale food concern information with State enforcement authorities. (Sec. 839) Amends the National School Lunch Act with regard to the child care and adult food program to: (1) revise day care home reimbursement provisions; (2) obligate funds for State assistance to family or group day care homes; and (3) provide census and school data to family or group day care sponsoring organizations. (Sec. 840) Amends the Child Nutrition Act of 1966 to replace existing discretionary funding (from moneys not otherwise appropriated) for nutrition education and training programs with an authorization of appropriations for such programs. Title IX: Effective Date; Miscellaneous Provisions - Specifies the effective date of this Act. (Sec. 901) Provides for: (1) a one year extension of the JOBS program's authorization under part F of SSA title IV at specified levels; (2) the allocation of such authorization levels to the States in the same manner specified above for the WORK program, but requiring a 25 percent instead of the current 20 percent State participation rate; (3) continuation of existing waivers granted to States and approved by the Secretary as of the date of the enactment of this Act that relate to the provision of assistance under an approved State plan under SSA title IV; and (4) an expedited approval process for such waivers. (Sec. 904) Authorizes the Secretary of Health and Human Services and the Secretary of Agriculture to jointly enter into negotiations with any county having a population greater than 500,000 for the purpose of establishing appropriate rules to govern the establishment and operation of a five year specified welfare demonstration project. (Sec. 905) Amends SSA title IV part F, with respect to the Work First Employment Block Grant Program for the State of Hawaii, to lower from 20 to 19 the work performance rate component number of deemed hours which individuals must work either in an unsubsidized job while receiving temporary employment assistance, or in a subsidized job through the Work First Program. (Sec. 906) Requires the Secretary of Health and Human Services to produce and publish every two years for each State, county, and local unit of general purpose government, and for each school district, data relating to the incidence of poverty, with certain reports for the Congress whenever the Secretary is unable to produce and publish such data for a particular entity above. Authorizes appropriations. (Sec. 907) Directs the Bureau of the Census to expand the Survey of Income and Program Participation as necessary to obtain such information as will enable interested persons to evaluate the impact of the amendments made by title I of this Act on a random national sample of recipients of assistance under State programs funded under SSA title IV part A and other appropriate low-income families. Authorizes appropriations. (Sec. 908) Requires the Secretary of Health and Human Services to submit to the appropriate congressional committees a legislative proposal providing for such technical and conforming amendments in the law as are required by this Act.
Bill· SS. 1120 (104th)referred
United States · United States Congress · 3 August 1995
TABLE OF CONTENTS: Title I: Block Grants for Temporary Assistance for Needy Families Title II: Supplemental Security Income Subtitle A: Eligibility Restrictions Subtitle B: Benefits for Disabled Children Subtitle C: Studies Regarding Supplemental Security Income Program Subtitle D: National Commission on the Future of Disability Subtitle E: State Supplementation Programs Title III: Food Stamp Reform Subtitle A: Food Stamp Reform Subtitle B: Anti-Fraud and Trafficking Title IV: Child Nutrition Programs Subtitle A: Reimbursement Rates Subtitle B: Grant Programs Subtitle C: Other Amendments Subtitle D: Reauthorization Title V: Noncitizens Title VI: Child Care Title VII: Workforce Development and Workforce Preparation Activities Subtitle A: General Provisions Subtitle B: Statewide Workforce Development Systems Subtitle C: Job Corps and Other Workforce Preparation Activities for At-Risk Youth Subtitle D: Transition Provisions Subtitle E: National Activities Subtitle F: Repeals of Employment and Training and Vocational and Adult Education Programs Title VIII: Workforce Development-Related Activities Subtitle A: Amendments to the Rehabilitation Act of 1973 Subtitle B: Amendments to Immigration and Nationality Act Title IX: Child Support Subtitle A: Eligibility for Services; Distribution of Payments Subtitle B: Locate and Case Tracking Subtitle C: Streamlining and Uniformity of Procedures Subtitle D: Paternity Establishment Subtitle E: Program Administration and Funding Subtitle F: Establishment and Modification of Support Orders Subtitle G: Enforcement of Support Orders Subtitle H: Medical Support Subtitle I: Enhancing Responsibility and Opportunity for Nonresidential Parents Subtitle J: Effect of Enactment Title X: Reform of Public Housing Work Opportunity Act of 1995 - Title I: Block Grants For Temporary Assistance For Needy Families - Replaces the current Aid to Families with Dependent Children (AFDC) and Job Opportunities and Basic Skills Training (JOBS) programs under parts A and F of title IV of the Social Security Act (SSA) with a program of block grants to the States for temporary assistance for needy families with minor children (TEA program). Gives such program the stated purpose of increasing State flexibility in operating a program with mandatory work and education requirements (as well as certain penalties against adult family members on TEA assistance who refuse to work) as well as adult- supervised living arrangements for unmarried teenage parents designe: o: (1) provide certain time-limited assistance to needy families with minor children that enter into a personal responsibility contract with the State, with certain exceptions involving minor children and hardship situations; (2) provide job preparation and opportunities for such families, including opportunities to participate in State-approved job placement agency services; and (3) prevent and reduce the incidence of out-of-wedlock pregnancies. Denies TEA assistance for fugitive felons and probation and parole violators. (Sec. 101) Expresses the sense of the Congress that: (1) each State operating a TEA program is encouraged to assign the highest priority to requiring adults in two-parent families and adults in single-parent families that include older preschool or school-age children to be engaged in work activities; and (2) prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests and the policy contained in the provisions of this title is intended to address the crisis. Establishes in the Treasury a revolving Federal Loan Fund for State Welfare Programs for loans to any loan-eligible State for conducting welfare anti-fraud and other specified activities. Outlines program audit and data collection and reporting as well as certain study requirements. Authorizes the Secretary of Health and Human Services (HHS) to conduct research, evaluations, and national studies with regard to programs funded under this title. Directs the Bureau of the Census to expand the Survey of Income and Program Participation as necessary to obtain such information as will enable interested persons to evaluate the impact of the changes made by this title on a random national sample of recipients of assistance under State programs funded under this title and other appropriate low-income families. Addresses the treatment of existing State AFDC waivers in effect or approved by the Secretary as of October 1, 1995. Provides for the treatment of Indian tribes with regard to grant amounts and other specified program matters affecting Indians. Makes the Assistant Secretary for Family Support within HHS the official responsible for administering SSA title IV part A and D (Child Support and Establishment of Paternity) programs. (Sec. 102) Allows States to contract with charitable, religious, and private organizations to provide services and administer programs established or modified by this Act. (Sec. 103) Prohibits financial assistance provided under such programs from being expended for any sectarian purpose or activity, including sectarian worship or instruction. (Sec. 104) Provides for continued application of current AFDC standards under the Medicaid program under SSA title XIX. (Sec. 105) Specifies reductions in HHS personnel the Secretary must make with regard to positions relating to an activity previously authorized under the former AFDC and JOBS programs. (Sec. 107) Makes conforming amendments to the Food Stamp Act of 1977 and related provisions of other specified Federal laws. Authorizes appropriations. Title II: Supplemental Security Income - Subtitle A: Eligibility Restrictions - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI by reason of disability to drug addicts and alcoholics; (2) revise representative payee requirements; (3) provide for limited eligibility of certain noncitizens for SSI benefits; (4) deny SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; (5) deny SSI benefits for fugitive felons and probation and parole violators; and (6) provide for exchange of SSI information with law enforcement agencies. Subtitle B: Benefits for Disabled Children - Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under age 18 who is receiving SSI benefits based on a disability as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the above amendments. (Sec. 212) Provides that not less frequently than once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained 18 years of age and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian of a recipient whose case is so reviewed to present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under the SSI program. Provides that if an individual is eligible for SSI benefits by reason of disability for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Outlines specific requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. Subtitle C: Studies Regarding Supplemental Security Income Program - Requires the Commissioner of Social Security to report annually to the President and the Congress regarding the SSI program. (Sec. 222) Requires the Commissioner to issue a request for comments in the Federal Register regarding improvements to the disability evaluation and determination procedures for individuals under age 18 to ensure the comprehensive assessment of such individuals. Directs the Commissioner to review such comments and issue any regulations implementing any necessary changes not later than 18 months after this Act is enacted. (Sec. 223) Requires the Commissioner to make arrangements with the National Academy of Sciences, or other independent entity, to study the disability determination process under SSA titles II and XVI for reports to the President and the Congress. (Sec. 224) Directs the Comptroller General to study and report on the impact of the amendments made by, and the provisions of, this title on the SSI program. Subtitle D: National Commission on the Future of Disability - Establishes the National Commission on the Future of Disability to develop and carry out a comprehensive study of all matters related to the nature, purpose, and adequacy of all Federal programs serving individuals with disabilities, including the programs under SSA titles II and XVI, with resulting recommendations for appropriate action submitted to the President and the Congress. Subtitle E: State Supplementation Programs - Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. Title III: Food Stamp Program - Subtitle A: Food Stamp Reform - Amends the Food Stamp Act of 1977 (Act) to establish a maximum 24-month food stamp program (program) authorization period for certain households. (Sec. 303) Authorizes States to establish additional criteria for separate household determinations. (Sec. 304) Revises thrifty food plan adjustment requirements. (Sec. 305) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence. (Sec. 307) Revises household income exclusion provisions regarding: (1) students; and (2) Federal energy assistance. (Sec. 309) Revises household income deduction provisions regard: : (1) standard deductions; (2) earned income; (3) dependent care; (4) child support payments; (5) homeless shelter assistance; (6) excess medical expenses; and (7) excess shelter expenses. (Sec. 310) Eliminates specified excludable auto value increases. (Sec. 311) Revises the scope of sponsor-attributed income and resources regarding alien program eligibility. (Sec. 312) Revises work requirement and employment and training provisions. Extends employment and training funding authorizations. (Sec. 315) Authorizes comparable program disqualification based upon welfare or public assistance disqualification. (Sec. 316) Requires at State option: (1) cooperation with child support agencies in order to maintain program eligibility; and (2) program disqualification for child support arrears. (Sec. 318) Disqualifies permanently an individual who participates in the program in two or more States. (Sec. 319) Defines "work program." (Sec. 320) Exempts electronic transfers of program benefits from specified disclosure, protection, and remedy provisions. (Sec. 321) Eliminates annual minimum allotment adjustments. (Sec. 323) Authorizes a combined allotment for expedited households. (Sec. 324) Authorizes program reductions for failure to comply with a public assistance reduction requirement. (Sec. 325) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center. (Sec. 327) Eliminates certain certification personnel training requirements. (Sec. 328) Provides for the exchange of information with Federal, State, or local law enforcement authorities, including the Immigration and Naturalization Service, under specified circumstances. (Sec. 329) Revises expedited coupon service requirements. (Sec. 330) Authorizes a family to withdraw a fair hearing request. (Sc. 331) Permits States to use income and eligibility verification systems other than the system used in part A (General Provisions) of title XI (General Provisions and Peer Review) of the Social Security Act. (Sec. 130) Directs program overissuances to be collected by: (1) allotment reduction; (2) unemployment compensation withholding; or (3) Federal pay or Federal income tax refund recovery. (Sec. 333) Terminates Federal matching requirements for program informational activities. (Sec. 335) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions. (Sec. 336) Authorizes waiver of program requirements as necessary to conduct related pilot projects. Authorizes appropriations. (Sec. 339) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions. (Sec. 340) Authorizes appropriations for: (1) program operations; and (2) Puerto Rico block grants. (Sec. 342) Authorizes States to carry out a Simplified Food Program in lieu of existing program requirements. Sets forth Program provisions. (Sec. 343) Establishes an optional State food assistance block grant program. Sets forth program provisions. Subtitle B: Anti-Fraud and Trafficking - Amends the Act to expand the definition of "coupon." (Sec. 352) Increases penalties for specified food stamp program (program) violations. (Sec. 353) Authorizes the Secretary of Agriculture to establish specific time periods for: (1) retain food stores and wholesale food concerns (stores) to apply for program participation; and (2) prohibition of program participation based on lack of business integrity. (Sec 355) Includes income and sales tax information among the types of eligibility verification information which may be requested. (Sec. 356) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 358) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 359) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 360) Provides for permanent disqualification of a store that knowingly submits a falsified application. (Sec. 361) Establishes criminal forfeiture penalties for specified program violations. Title IV: Child Nutrition Programs - Subtitle A: Reimbursement Rates - Amends the National School Lunch Act (NSLA) to terminate the additional lunch payment for schools with high percentages of free or reduced price lunches. (Sec. 402) Revises NSLA annual adjustment provisions for: (1) value of food assistance; and (2) lunches, breakfasts, and supplements. (Sec. 404) Revises NSLA service institution payment provisions for the summer food service program for children. (Sec. 405) Amends the Child Nutrition Act of 1966 (CNA) to revise annual adjustment provisions for: (1) the special milk program; and (2) the school breakfast program. (Sec. 407) Conforms reimbursement for CNA school breakfasts with that for NSLA school lunches. Subtitle B: Grant Programs - Amends CNA to: (1) terminate school breakfast startup grants; and (2) reduce annual authorization of appropriations for nutrition education and training programs. Subtitle C: Other Amendments - Amends NSLA and CNA to set forth free and reduced price policy statements for the school lunch program and the school breakfast program. (Sec. 422) Revises NSLA provisions for the summer food service program for children. Allows participating school food authorities to permit a child to refuse not more than one item of a meal that the child does not intend to consume. Provides that a refusal of an offered food shall not affect the amount of payments to a school for the meal. Removes a requirement that States submit a plan or schedule as part of notice to institutions. (Sec. 423) Revises NSLA provisions for the child and adult care food program with respect to payments to certain sponsor employees. Revises provisions regarding day care home reimbursements. Requires reservation of certain funds for grants to States for assistance for family or group day care homes. Requires Federal and State provision of certain data to family or group day care home sponsoring organizations. Disallows certain meal claims. Eliminates certain requirements involving State paperwork and outreach. Requires States to provide training, technical assistance, and monitoring. (Sec. 424) Requires a review of all NSLA and CNA reporting requirements and a report recommending elimination of any that impose a paperwork burden on agencies and schools which cannot be justified by their contribution to program effectiveness. Subtitle D: Reauthorization - Amends the Agriculture and Consumer Protection Act of 1973 to reauthorize appropriations for the commodity distribution program. (Sec. 432) Amends the Emergency Food Assistance Act of 1983 and the Omnibus Budget Reconciliation Act of 1993 to extend authority and reauthorize appropriations for the emergency food assistance program. (Sec. 433) Amends the Hunger Prevention Act of 1988 to reauthorize appropriations for the soup kitchens program. (Sec. 434) Amends the Agriculture and Food Act of 1981 to extend authority for processing of agricultural commodities into food products. (Sec. 435) Amends the Agriculture and Consumer Protection Act of 1973 to extend authority for the commodity supplemental food program. Title V: Noncitizens - Gives States the option of prohibiting the use of any grant funds received under SSA title IV part A, or the new optional State food assistance block grant program established under title III of this Act, for the provision of assistance under the related State programs for an individual who is not a citizen or national of the United States. (Sec. 502) Provides that, for purposes of determining the eligibility of an individual (whether a citizen or national of the United States or an alien) for assistance, and the amount of assistance, under any Federal program of assistance provided or funded, in whole or in part, by the Federal Government for which eligibility for benefits is based on need, certain described income and resources pertaining to the individual's sponsor shall, in spite of any other provision of law, be deemed to be the income and resources of such individual. Applies such requirement for the period for which the sponsor has agreed, in an affidavit or agreement, to provide support for such individual, or for a period of five years beginning on the date such individual was first lawfully in the United States after the execution of such affidavit or agreement, whichever period is longer. Outlines similar deemed income authority for State and local programs of assistance authorized under Federal law for which eligibility is based on need. Exempts from such restrictions eligibility for emergency medical services under Medicaid, short-term emergency disaster relief, assistance or benefits under the National School Lunch Act, assistance or benefits under the Child Nutrition Act of 1966, and public health assistance for immunizations with respect to immunizable diseases and for testing and treatment for communicable diseases under certain conditions. (Sec. 503) Details the limited eligibility of noncitizens for SSI benefits. Title VI: Child Care - Child Care and Development Block Grant Amendments Act of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to consolidate Federal child care programs. (Sec. 602) Extends the authorization of appropriations under the Act. Revises provisions for the lead agency to allow such agency to administer the financial assistance received by the State under the act either directly or through other governmental or nongovernmental agencies. Requires sufficient time and statewide distribution for the notice of the public hearing on child care services provision under the State plan. Revises provisions for the State application and plan. Eliminates a requirement that providers that are not required to be licensed or regulated under State or local law be required to register with the State before payment is made under the Act. Requires the State to implement mechanisms to ensure that appropriate payment mechanisms exist so that proper payments under this subchapter will be made to providers. Directs the Secretary of Health and Human Services to develop minimum child care standards, appropriately reflective of tribal needs and available resources, applicable to Indian tribes and tribal organization receiving assistance under the Act. Reduces from 25 to 15 percent of annual assistance to a State the set-aside for quality of child care and before- and after-school and early childhood development services. Applies such set-aside, however, only to child care quality improvement activities and no longer to early childhood development and before- and after-school care services. Adds a limitation on administrative costs. Requires the sliding fee scale to ensure a representative distribution of funding among the working poor and recipients of Federal welfare assistance. Expands eligibility criteria to include families earning up to 100 percent (currently 75 percent) of the State median family income. Revises requirements relating to quality improvement activities to include: (1) under resource and referral programs, consumer education, referrals honoring parental choice, and activities to improve quality and availability of child care; and (2) under other activities, increasing availability of care before- and after-school, for infants, and during nontraditional work hours. Repeals a requirement that States expend a specified minimum amount of reserved funds for early childhood development and before- and after-school services. Revises requirements for enforcement and for reports. Authorizes the Secretary to permit an Indian tribe or organization to use certain assistance to construct or renovate facilities that will be used to carry out child care programs. Provides for reallocation of assistance to other Indian tribes or organizations under certain conditions. Allows use of child care certificates as deposits. Includes among eligible child care providers those who care for an eligible great grandchild or sibling (if in the latter case the provider lives in a separate residence). Eliminates certain registration requirements for providers who are relatives. (Sec. 603) Repeals: (1) the State Dependent Care Development Grants Act; and (2) the Child Development Associate Scholarship Assistance Act of 1985. Title VII: Workforce Development and Workforce Preparation Activities - Subtitle A: General Provisions - Workforce Development Act of 1995 - Sets forth congressional findings, purposes of this title, and the definitions of terms used in this title and title VIII. Subtitle B: Statewide Workforce Development Systems - Establishes a program of assistance for Statewide workforce development systems. (Sec. 711) Directs the Governing Board of the Workforce Development Partnership (Federal Partnership, established under this Act) (Governing Board) to make allotments, for program years 1998 and subsequent, to States to help pay costs of establishing and carrying out activities through statewide workforce development systems. (Sec. 712) Sets forth formulae for such State allotments. (Sec. 713) Requires States to apportion such allotment funds by specified percentages among workforce employment activities, workforce education activities, and flexible workforce activities. (Sec. 714) Sets forth requirements relating to State plans describing: (1) the strategic plan for the statewide system, including flexible workforce activities, and, if appropriate, economic development activities; (2) workforce employment activities; and (3) workforce education activities. (Sec. 715) Authorizes Governors of States receiving such allotments to establish State workforce development boards with certain membership requirements and functions. (Sec. 716) Sets forth required and authorized uses of funds under this title. Requires funds for workforce employment activities to be used for: (1) one-stop delivery of specified core services; (2) a statewide comprehensive labor market information system; and (3) a job placement accountability system. Allows such funds to also be used for: (1) specified permissible one-stop delivery activities; (2) other specified permissible activities which may be provided through vouchers, including certain forms of training, supportive, and followup services; (3) staff development and training; and (4) incentive grant awards to substate areas that reach or exceed State benchmarks. Requires State educational agencies to use funds for workforce education activities to carry out, through the statewide system, activities that include: (1) integrating academic and vocational education; (2) linking secondary and postsecondary education (including implementing tech-prep programs); (3) career guidance and counseling at the earliest possible age; (4) literacy and basic education for adults and out-of-school youth, including those in correctional institutions; (5) secondary education completion programs for adults and out-of-school youth; (6) improving vocational education programs; and (7) improving access to quality vocational education programs for at-risk youth. Sets forth certain fiscal requirements for such workplace education activities. Requires States to use a portion of the funds for flexible workforce activities (flex account funds) to carry out school-to-work activities through the statewide system (except that any State that received a grant under specified provisions of the School-to-Work Opportunities Act of 1994 must use such portion to support continued development of the statewide School-to-Work Opportunities system through continuing activities in accordance with such grant). Allows States to use a portion of such flex account funds for workforce employment and workforce education activities. Allows States that meet specified requirements to use a portion of flex account funds for specified economic development activities relating to workforce training and skills upgrading. Sets forth limitations on use of funds and on individual participation under this title. (Sec. 717) Outlines provisions for supporting Indian and Native Hawaiian workforce development activities and associated supplemental services for Indian and Native Hawaiian youth and public assistance recipients on or near reservation areas. (Sec. 718) Directs the Governing Board, using certain funds made available below, to make grants to outlying areas to carry out workforce development activities. (Sec. 721) Provides for local uses of funds under this title, including: (1) local apportionment by activity, distributing 75 percent of workforce employment activities funds to local entities and 80 percent of workforce education activities funds to certain educational entities; (2) distributions for secondary school vocational education, for postsecondary and adult vocational education, and for adult education; and (3) minimal allocations and redistribution. Provides for States to enter into local agreements regarding workforce employment activities, school-to-work activities, and economic development activities to be carried out in each substate area with local partnerships (or, where established, workforce development boards). (Sec. 731) Provides for: (1) accountability; and (2) incentives and sanctions. (Sec. 733) Amends the Social Security Act with respect to the Unemployment Trust Fund to make Federal Unemployment Tax Act (FUTA) revenues available for statewide workforce development systems to the extent they are used to carry out specified core services relating to job search, placement assistance and labor market information provided through the one-stop career centers. (Sec. 734) Authorizes appropriations to carry out this Act (other than subtitle C below). Sets forth certain reservations of funds. Subtitle C: Job Corps and Other Workforce Preparation Activities for At-Risk Youth - Requires a State to use a portion of its allotment for workforce preparation activities for at-risk youth to maintain any Job Corps Center located in that State and carry out specified activities for Job Corps enrollees assigned there, if such center received assistance under the Job Training Partnership Act (JTPA) for FY 1996 and was not closed in accordance with specified provisions. (Sec. 744) Limits eligibility for the Job Corps to at-risk youth. (Sec. 745) Provides for Job Corps: (1) screening and selection of applicants; (2) enrollment and assignment; (3) centers' development, character, activities, operators, and inclusion of Civilian Conservation Centers; (4) program activities; (5) support by States of enrollees through personal allowances; (6) State operating plans; (7) standards of conduct; (8) community participation; and (9) counseling and placement. (Sec. 754) Directs the Secretary of Labor to offer leases and sales of Job Corps centers, for nominal consideration, to States with approved State plans. (Sec. 755) Provides for closure of certain Job Corps centers. Directs the Governing Board to conduct a national Job Corps audit, report to the appropriate congressional committees, and report recommendations to the Secretary of Labor, including identification of 25 Job Corps centers to be closed by September 30, 1997. Directs the Secretary, after reviewing such report, to close 25 centers by such date. (Sec. 756) Amends JTPA to set forth requirements for interim operating plans for Job Corps centers. (Sec. 759) Directs the Governing Board, for program years 1998 and subsequent, to make allotments to States to help pay for carrying out specified workforce preparation activities for at-risk youth. Sets forth provisions for core required activities, permissible activities, allotment formulas, State plans, applications, and within-State distribution. (Sec. 241) Authorizes appropriations to carry out this subtitle. Subtitle D: Transition Provisions - Authorizes the Secretary (of Labor or of Education or of Health and Human Services, depending on the covered activity) to waive, during a transition period, any requirement under any provision of law (or regulation under it) relating to a covered activity for States or localities that request such waivers and comply with specified requirements. Requires States to submit interim State plans to the Governing Board in order for a State or locality to use such transition waivers. (Sec. 765) Authorizes interim appropriations under the Older American Community Service Employment Act, the Carl D. Perkins Vocation and Applied Technology Education Act, and other specified Acts. Subtitle E: National Activities - Establishes the Workforce Development Partnership (Federal Partnership) as a Government corporation, with a Governing Board and an Office of Inspector General, to administer activities under this Act. Authorizes appropriations. (Sec. 772) Directs the Assistant Secretary for Educational Research and Improvement to: (1) conduct a national assessment of vocational education programs assisted under this Act, through studies and analyses conducted independently through competitive awards; and (2) appoint an independent advisory board to advise on implementation of such assessment. (Sec. 773) Directs the Governing Board to oversee development and continuous improvement of a nationwide integrated labor market information system. Sets forth Federal, joint Federal-State, and State responsibilities with respect to labor market information. (Sec. 774) Authorizes the Governing Board to a competitive grant to an institution of higher education, a public or private nonprofit organization or agency, or a consortium to establish a National Center for Research in Education and Workforce Development. (Sec. 775) Transfers to the Federal Partnership, as of June 30, 1998, all functions of the Secretaries of Labor and of Education (including those of their Offices of Inspector General) that relate to a covered activity and are minimally necessary to carrying out Federal Partnership functions. Provides for: (1) determinations of functions by the Board, including Board review of a proposed transition workplan of the Secretaries; (2) personnel, delegation and assignment, reorganization, and rulemaking powers; (3) transfer and allocations of appropriations and personnel; (4) incidental transfers, effect on personnel, and savings provisions; (5) a transition period; and (6) Board recommendations for additional legislation. (Sec. 776) Transfers to the appropriate receiving agency all functions that do not relate to a covered activity, but that the Secretaries of Labor and of Education, acting through the Employment and Training Administration (ETA) and the Office of Vocational and Adult Education (OVAE), respectively, exercised before June 30, 1998. Directs the Secretaries to submit, for Board review, a proposed transition workplan that includes determinations of: (1) ETA and OVAE functions that do not relate to a covered activity; and (2) appropriate receiving agencies for such functions. (Sec. 777) Terminates OVAE and ETA on July 1, 1998 (as well as any authority granted them or any of their units by any reorganization plan). Subtitle F: Repeals of Employment and Training and Vocational and Adult Education Programs - Repeals: (1) the State Legalization Impact Assistance Grant program under the Immigration Reform and Control Act of 1986; (2) specified Federal law to assist workers displaced by the expansion of the Redwood National Park; (3) the Displaced Homemakers Self-Sufficiency Assistance Act; (4) provisions for Appalachian vocational and other educational facilities and operations under the Appalachian Regional Development Act of 1965; (5) the Job Training for the Homeless demonstration program under the Stewart B. McKinney Homeless Assistance Act; (6) specified Federal transportation law for assistance by the Secretary of Transportation for certain human resource programs relating to mass transportation; and (7) specified Federal transportation law provisions for a program of protection and rehiring of certain dislocated airline employees, and assistance for them from an Airline Employee Protective Account administered by the Department of Labor. Repeals as of July 1, 1998: (1) trade adjustment assistance services under the Trade Act of 1974; (2) the Adult Education Act; (3) the Carl D. Perkins Vocational and Applied Technology Act; (4) the School-to-Work Opportunities Act of 1994; (5) the Wagner-Peyser Act (employment services); (6) the Job Training Partnership Act; (7) community service employment for older Americans under the Older Americans Act of 1965; and (8) programs of Adult Education for the Homeless and of Education for Homeless Children and Youth under the Stewart B. McKinney Homeless Assistance Act. (Sec. 782) Makes conforming amendments to various Federal laws, reflecting such immediate and subsequent repeals. Title VIII: Workforce Development-Related Activities - Subtitle A: Amendments to the Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to repeal authorities relating to consolidated rehabilitation plans. (Sec. 805) Authorizes the Commissioner of the Rehabilitation Administration to provide assistance to achieve participation by individuals with disabilities in activities carried out through a statewide workforce development system. (Sec. 808) Revises a declaration of policy to include references to linkages between the RA vocational rehabilitation program and other integral components of the statewide workforce development system. (Sec. 810) Revises provisions for individualized written rehabilitation programs, and renames them as individualized employment plans. (Sec. 811) Revises the scope of vocational rehabilitation services to eliminate surgery from the authorized uses of funds. Removes the qualification that small business operators' disabilities must be most severe in order for them to receive certain management services and supervision from State agencies. (Sec. 812) Provides for linkages between members of State Rehabilitation Advisory Councils and State workforce development boards. (Sec. 813) Requires consistency between RA evaluation standards and performance indicators and State benchmarks established under this Act. (Sec. 814) Repeals authority for Innovation and Expansion Grants (part C of title I Vocational Rehabilitation Services under RA). Subtitle B: Amendments to Immigration and Nationality Act - Prohibits State use of certain funds under the Immigration and Nationality Act for workforce employment activities under this Act. Title: X: Child Support - Subtitle A: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 902) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 903) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Subtitle B: Locate and Case Tracking - Mandates that the single statewide automated data system include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 912) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 913) Requires State plans to: (1) provide for a State- operated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 914) 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. 915) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 916) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) executing child support obligations; and (3) enforcing visitation orders. (Sec. 917) Requires the States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) death records. Subtitle C: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 923) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Subtitle D: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. (Sec. 933) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Subtitle E: Program Administration and Funding - Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 942) 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. 944) 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. 945) 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. Subtitle F: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines. (Sec. 952) Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 953) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 954) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition. Subtitle G: Enforcement of Support Orders - Amends the Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 962) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the armed forces. (Sec. 964) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 965) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 970) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support. (Sec. 971) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement. Subtitle H: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 976) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Subtitle I: Enhancing Responsibility and Opportunity for Nonresidential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate absent parents' access to their children. Subtitle J: Effect of Enactment - Sets forth effective dates for the provisions of this Act. Title X: Reform of Public Housing - Amends the United States Housing Act of 1937 with respect to public housing provisions regarding: (1) ceiling rents; and (2) adjusted and earned income. (Sec. 1003) Exempts tenants from certain labor standards provisions. (Sec. 1004) Prohibits increased housing assistance to a family whose benefits under other public assistance programs have been reduced because of noncompliance. (Sec. 1005) Applies the provisions of this title to Indian housing.
Bill· HRH.R. 2180 (104th)referred
United States · United States Congress · 3 August 1995
Repeals specified Federal law which granted a Federal charter to the National Education Association (a nonprofit corporation organized under the laws of the District of Columbia).
Bill· HRH.R. 2164 (104th)referred
United States · United States Congress · 2 August 1995
Eliminate the Magnet for Illegal Immigration Act of 1995 - Authorizes additional appropriations for increases in: (1) Immigration and Naturalization Service (INS) investigators to enforce employer sanctions; (2) Department of Labor investigators to enforce labor standards; and (3) Office of Special Counsel for Immigration-Related Unfair Employment Practices (Department of Justice) investigators to enforce antidiscrimination provisions. Amends the Immigration and Nationality Act to grant specified subpoena authority to designated immigration officers and to the Secretary of Labor. Increases specified penalties for: (1) document fraud; (2) hiring, recruiting, and referral violations; (3) labor standards violations; and (4) unfair immigration-related employment practices. Provides for joint INS-Department of Labor efforts to investigate violations of employer sanctions and labor standards. Directs the Attorney General to conduct: (1) a national employer education program; and (2) a study of immigration-related discrimination.
Bill· HRH.R. 2175 (104th)referred
United States · United States Congress · 2 August 1995
TABLE OF CONTENTS: Title I: Consolidation of Programs Regarding Health of Rural Populations Subtitle A: Provisions Relating to Public Health Service Act Subtitle B: Provisions Relating to Social Security Act Title II: Repeal of Categorical Programs Regarding Health of Rural Populations Subtitle A: Programs Relating to Public Health Service Act Subtitle B: Programs Relating to Social Security Act Rural Health Consolidated Grant Act - Title I: Consolidation of Programs Regarding Health of Rural Populations - Subtitle A: Provisions Relating to Public Health Service Act -Amends the Public Health Service Act to mandate grants to States, allowing each State to choose from among these grant purposes: (1) developing integrated health networks; (2) developing systems for providing emergency medical services; (3) developing telemedicine systems; (4) recruiting and retaining health care providers; (5) carrying out any activity that was authorized to be carried out under any programs terminated by title II of this Act; and (6) carrying out activities authorized by the State in collaboration with the Director of the Office of Rural Health Policy. Lists prohibited grant uses. Limits administrative expenditures. Sets forth a grant amount formula. Establishes the Office of Rural Health Policy and sets forth the duties of its Director. Authorizes appropriations to carry out the amendments made by this subtitle. Subtitle B: Provisions Relating to Social Security Act - Amends title VII (Administration) of the Social Security Act to replace existing provisions establishing an Office of Rural Health Policy with provisions setting forth the duties of the Director of the Office of Rural Health Policy with respect to rural populations, the programs established under titles XVIII (Medicare) and XIX (Medicaid) of the Act, and specified provisions of the Omnibus Budget Reconciliation Act of 1987 relating to rural health issues. Authorizes appropriations. Title II: Repeal of Categorical Programs Regarding Health of Rural Populations - Subtitle A: Programs Relating to Public Health Service Act - Mandates termination of all rural health care delivery demonstration projects under provisions of the Public Health Service Act relating to the Agency for Health Care Policy and Research. Allows new projects, subject to the availability of appropriations. Repeals provisions of the Public Health Service Act: (1) in title XII (Trauma Care) relating to the general authority and duties of the Secretary of Health and Human Services, formula grants, and related general provisions; (2) in title VII (Health Professions Education) authorizing grants or contracts relating to interdisciplinary training projects; and (3) authorizing grants for State offices of rural health. Terminates the rural outreach grant program and the telecommunications grant program, both carried out by the Health Resources and Services Administration. Subtitle B: Programs Relating to the Social Security Act - Removes provisions of the Omnibus Budget Reconciliation Act of 1987 relating to grants to small rural hospitals. Terminates the program, carried out by the Health Resources and Services Administration, to assist States in developing innovative rural health system delivery models.
Bill· HRH.R. 2154 (104th)referred
United States · United States Congress · 1 August 1995
Requires all Federal departments and agencies performing environmental testing analyses, in support of monitoring, assessment, or compliance decisionmaking, or both, to use exclusively nongovernmental testing laboratories, so long as testing protocols, method requirements, preservation times, transportation times, or holding times can be achieved. Applies this Act to any State or local government or institution of higher education performing such environmental testing analysis if Federal assistance is used to carry out such analysis.
Resolution· HRESH.Res. 208 (104th)open
United States · United States Congress · 1 August 1995
Sets forth the rule for the consideration of H.R. 2127 (Departments of Labor, Health and Human Services, and Education appropriations).
Bill· HRH.R. 2145 (104th)open
United States · United States Congress · 31 July 1995
TABLE OF CONTENTS: Title I: Public Works and Economic Development Title II: Appalachian Regional Development Economic Development Partnership Act of 1995 - Title I: Public Works and Economic Development - Amends the Public Works and Economic Development Act of 1965 (the Act, for purposes of this title) to establish in each of eight geographic regions of the United States an Economic Development Regional Commission (EDRC). Directs the Secretary of Commerce to serve as the Federal Cochairperson of each EDRC. Provides for: (1) necessary EDRC administrative powers; and (2) the establishment of the regions. Authorizes each EDRC to: (1) make direct grants for the acquisition or development of land and improvements for public works, public services, or development facility usage, as well as related activities; and (2) make supplementary grants that enable States and other entities to take maximum advantage of designated Federal grant-in-aid programs for which they are eligible but for which they cannot supply the required matching share due to their economic situation. Provides supplementary grant requirements, with exceptions. Requires each EDRC, in determining the amount available to any project, to consider the relative needs of the area and the nature of the project to be assisted. Directs the Secretary to prescribe appropriate rules and regulations, including those to assure that appropriate local governmental authorities are given a reasonable opportunity to review and comment on proposed projects. Allows grants to be: (1) increased due to increased construction costs; and (2) reapproved for a project due to changed project circumstances. Authorizes an EDRC to make direct grants to any eligible recipient in an area which the EDRC determines has: (1) experienced or is about to experience an expected rise in unemployment or other economic adjustment problems; or (2) demonstrated long-term economic deterioration. Allows such grant funds to be used to carry out or develop an investment strategy to counteract (1) or (2), above, and to be used directly by the recipient or redistributed to public and private entities (except for private profit-making entities). Authorizes an EDRC to make such assistance available when an economic need is created due to the closure or realignment of a military installation, either at the installation or in adversely affected surrounding communities. Requires an annual report from grant recipients to its EDRC. Authorizes the sale of financial instruments in revolving loan funds to accomplish the purposes of this title, requiring appropriate public review and comment. Authorizes an EDRC, under specified procedures and terms, to provide technical assistance to alleviate or prevent conditions of excessive unemployment or underemployment in areas which the EDRC finds have substantial need for such assistance. Directs the EDRC to make technical information obtained available to all eligible recipients, and to furnish procurement departments of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Authorizes an EDRC to make grants to a State, city, political subdivision, or organization to pay up to 80 percent of the cost for economic development planning, including systematic efforts to reduce unemployment and increase incomes. Defines as an eligible recipient for purposes of this Act an area which meets any of the following criteria: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent or more above such average; (2) has experienced or is about to experience a sudden economic dislocation resulting in significant job losses; or (3) is a community or neighborhood which has a large concentration of low-income individuals, is a rural area with substantial out migration, or has substantial unemployment. Authorizes an EDRC to provide assistance under this Act only if the applicant submits, and the EDRC approves, an investment strategy which identifies the economic development problems to be addressed, as well as related information. Authorizes an EDRC, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Authorizes an EDRC to provide assistance to an economic development district area which does not meet the requirements of an eligible recipient under this Act when such assistance will benefit other areas in the district which do meet such requirements. Directs the Secretary to carry out all required duties under this Act through an Under Secretary of Commerce for Economic Development. Directs the Secretary to establish an Office of Economic Development (Office). Requires the Under Secretary to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments, and to help applicants for such assistance. Requires appropriate consultation with other persons and agencies. Authorizes the President to establish an independent agency to carry out the Secretary's duties under this Act in the event that the Department of Commerce is abolished. Provides a preference for current Economic Development Administration (EDA) employees in considering employment applications at an EDRC or the Office. Abolishes the EDA within the Department of Commerce. Provides for the conclusion of outstanding EDA business and other savings provisions. Provides miscellaneous administrative powers and duties of the Secretary in carrying out this Act. Provides for the transfer of functions from the EDA to the Secretary. Directs the Secretary, for each fiscal year after 1996, to transmit to the Congress a comprehensive and detailed report of the Secretary's and each EDRC's operations under this Act. Authorizes the Secretary to delegate to other Federal departments and agencies any of the functions required under this Act. Imposes penalties upon persons: (1) making false statements in order to obtain assistance under this Act; and (2) who embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary or an EDRC in the administration of this Act. Provides conflict-of-interest provisions. Directs the Secretary to: (1) maintain a permanent list of applications approved for financial assistance under this Act; and (2) make such list available for public inspection. Requires assistance recipients to maintain appropriate records and provide access for audit purposes. States that all financial assistance provided under this Act is in addition to, and shall not be construed to reduce or diminish, any other Federal assistance available to a State or other eligible entity. Authorizes appropriations for FY 1996 through 2000. Authorizes additional appropriations for defense conversion activities. Title II: Appalachian Regional Development - Amends the Appalachian Regional Development Act of 1965 (the Act, for purposes of this title) to: (1) provide FY 1995 findings and purposes for the Act; (2) require the Appalachian Regional Commission (ARC) to meet at least once a year, and allow the ARC to conduct additional meetings by electronic means as considered advisable; (3) require the ARC to obtain a quorum of State members before reaching certain decisions; (4) authorize appropriations for FY 1996 through 2000 for administrative expenses and expenses of the Federal Cochairman and staff; (5) extend through FY 2000 the authority to enter into contracts and leases under the Act; (6) extend through FY 2000 the authorization of appropriations for the Appalachian development highway system; and (7) reduce from 100 to 50 percent of program costs the Federal cost-sharing requirement with respect to demonstration health projects in the Appalachian region under the Act, with an exception of 80 percent of such costs for counties designated as distressed. (Sec. 208) Repeals the following programs and provisions under the Act: (1) the land stabilization, conservation, and erosion control program; (2) the timber development program; (3) the mining area restoration program; (4) the water resource development and utilization survey; (5) the Appalachian airport safety improvements program; (6) the sewage treatment works program; and (7) amendments to the Housing Act of 1954. (Sec. 214) Reduces from 100 to 50 percent of program costs the Federal cost-sharing requirement with respect to Appalachian vocational education and education demonstration projects, with an exception of 80 percent of such costs for counties designated as distressed. Makes an identical reduction with respect to Federal costs for Federal grant-in-aid programs in the Appalachian region. (Sec. 218) Adds specified criteria and measurements to be considered when determining programs and projects to be given assistance under the Act. (Sec. 219) Directs the ARC to designate as: (1) distressed counties those counties that are the most severely and persistently distressed and underdeveloped; and (2) economically competitive counties those counties which have attained substantial economic parity with the rest of the country. Prohibits assistance under the Act for a county designated as economically competitive (with exceptions). (Sec. 220) Empowers the ARC (currently, the President)to make grants for administrative expenses and ARC research and development projects under the Act. Reduces from 75 to 50 percent of program costs the Federal share of such projects, with an exception of 80 percent for counties designated as distressed. Repeals provisions concerning such projects which: (1) require certain ARC studies and reports; (2) authorize appropriations through June 30, 1969; and (3) ensure public availability of all information obtained from such projects. (Sec. 221) Extends through FY 2000 the authorization of appropriations and termination date under the Act.