Energy

To achieve budgetary savings by reducing the amount which may be appropriated for the nuclear energy research and development activities of the Department of Energy.

United States · United States Congress · 18 May 1995

Authorizes appropriations to the Department of Energy for nuclear energy and development activities in progressively smaller amounts from FY 1996 through 2000.

Waste Isolation Pilot Plant Land Withdrawal Amendment Act

United States · United States Congress · 17 May 1995

Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act (WIPP Act) to remove certain provisions relating to: (1) a test phase; (2) requirements for the commencement of disposal operations; and (3) disposal regulations. Requires periodic compliance review (currently, periodic compliance recertification) by the Administrator of the Environmental Protection Agency. Declares that the Secretary of Energy should determine whether engineered or natural barriers, or both, will be required. (Current law requires that the Secretary use both engineered and natural barriers and waste form modifications.) Exempts transuranic mixed waste designated for disposal at the Waste Isolation Pilot Plant (WIPP) project from the land disposal restrictions in specified Federal regulations. Removes certain provisions: (1) relating to determination of noncompliance during the disposal and decommissioning phases; and (2) declaring that the authorities provided to the Administrator and the State (under provisions relating to compliance with environmental laws and regulations) are in addition to the enforcement authorities available to the State under State law and to the Administrator, the State, and any other person under the Solid Waste Disposal Act and the Clean Air Act. Replaces provisions relating to retrievability with provisions declaring that it is the intent of the Congress that a decision will be made by the Secretary regarding the disposal of transuranic waste no later than a specified date. Removes provisions: (1) mandating a plan for the decommissioning of WIPP; and (2) setting a deadline for a plan for the management and use of the Withdrawal (the WIPP withdrawal site) following WIPP decommissioning or termination of the land withdrawal. Authorizes appropriations to the State of New Mexico (currently, to the Secretary for payments to the State of New Mexico) for 15 fiscal years beginning on the date of enactment of the WIPP Act (currently, beginning in the first fiscal year in which the transport of transuranic waste to WIPP is initiated). Declares that an appropriation to the State shall be in addition to any appropriation for WIPP. Allows WIPP to receive transuranic waste from the Secretary that did not result from a defense activity.

Intelligence Authorization Act for Fiscal Year 1996

United States · United States Congress · 17 May 1995

TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Title IV: Central Intelligence Agency Title V: Department of Defense Intelligence Activities Title VI: Technical Amendments Intelligence Authorization Act for Fiscal Year 1996 - Title I: Intelligence Activities - Authorizes appropriations for FY 1996 for the conduct of the intelligence and intelligence-related activities of: (1) the Central Intelligence Agency (CIA); (2) the Department of Defense (DOD); (3) the Defense Intelligence Agency; (4) the National Security Agency; (5) the Departments of the Army, Navy, and Air Force; (6) the Departments of State, Treasury, and Energy; (7) the Federal Bureau of Investigation; (8) the Drug Enforcement Administration; (9) the National Reconnaissance Office; and (10) the Central Imagery Office. Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1996, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 1996 when the DCI determines that such action is necessary to the performance of important intelligence functions, subject to specified limitations. Authorizes appropriations for the Intelligence Community Management Account of the DCI for FY 1996. Authorizes 247 full-time personnel for the Community Management Staff of the DCI as of September 30, 1996. Provides for the reimbursement of any U.S. officer or employee, or member of the armed forces, who is detailed to such Staff. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes a specified sum for the Central Intelligence Agency Retirement and Disability Fund for FY 1996. Title III: General Provisions - Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law. Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. Amends the National Security Act of 1947 to authorize the President to stay the imposition of an economic, cultural, diplomatic, or other sanction or related action by the U.S. Government concerning a foreign country, organization, or person when the President determines that to proceed without delay would seriously risk the compromise of an ongoing criminal investigation or an intelligence source or method. Requires the President to lift any such stay when no longer necessary to that purpose and to promptly report to the Senate and House Intelligence Committees the rationale and circumstances that led the President to exercise such authority. Permits a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the U.S. Government, to contain provisions appropriate to the particular activity for which such document is to be used. Specifies that such form or agreement shall, at a minimum, require nondisclosure of any classified information received in the course of such activity unless specifically authorized by the Government. Limits the availability of funds for automatic declassification of records over 25 years old. Title IV: Central Intelligence Agency - Extends the Central Intelligence Agency Voluntary Separation Pay Act for two years. Authorizes the DCI to: (1) establish and maintain a program for FY 1996 through 2001 to utilize the services contributed by not more than 50 annuitants who serve without compensation as volunteers in aid of systematic or mandatory review for declassification or downgrading of classified information of the CIA under applicable executive orders; and (2) use sums made available to the CIA by appropriations or otherwise for paying costs incidental to the utilization of services contributed by such individuals. Sets forth provisions regarding the application of various legal provisions to such volunteers. Title V: Department of Defense Intelligence Activities - Extends the authority of the Secretary of Defense to authorize DOD to conduct commercial activities as security for intelligence collection activities abroad. Title VI: Technical Amendments - Amends the National Security Act to change the designation of the CIA Office of Security to the Office of Personnel Security.

A bill to extend the deadline under the Federal Power Act applicable to the construction of two hydroelectric projects in North Carolina, and for other purposes.

United States · United States Congress · 15 May 1995

Authorizes the Federal Energy Regulatory Commission, upon request of the respective licensees, to extend for a maximum of five consecutive two-year periods the time required for commencing construction of two specified hydroelectric projects in North Carolina.

To amend title 38, United States Code, to extend certain veterans housing provisions, and for other purposes.

United States · United States Congress · 12 May 1995

Extends through December 31, 1998, the authority of the Secretary of Veterans Affairs to: (1) establish the fees to be charged to eligible veterans for housing loans guaranteed by the Department of Veterans Affairs (guaranteed loans); (2) guarantee loans made to veterans for energy efficiency improvements; (3) guarantee the payment of principal and interest in a pool of mortgage loans made in connection with the sale of Department-guaranteed properties; (4) carry out real property appraisals in connection with the guaranteed loan program; and (5) carry out a program providing housing assistance for homeless veterans. Extends through FY 1998 the Secretary's authority to carry out a demonstration program providing adjustable rate mortgages for guaranteed loans.

Defense Nuclear Programs Agency Organization Act

United States · United States Congress · 12 May 1995

Defense Nuclear Programs Agency Organization Act - Establishes the Defense Nuclear Programs Agency, headed by an Administrator, who shall serve as the principal adviser to the President and the Secretary of Defense on all defense nuclear programs matters. Requires the appointment by the President of a Deputy Agency Administrator, as well as four Assistant Administrators, an Inspector General, and a General Counsel of the Agency. Requires the Administrator to be the Staff Director of the Nuclear Weapons Council. Transfers to the Administrator specified functions currently held by the Department of Energy, the Department of Defense, and the Defense Nuclear Facilities Safety Board (Board) with respect to national security functions, as well as the oversight of defense and nondefense functions and budgets of specified national laboratories. (Sec. 7) Prohibits the transfer to another account of amounts appropriated to the Agency unless specifically authorized by law. Provides transition and savings provisions. (Sec. 11) Provides effective dates for specified provisions of this Act. Requires the Secretaries of Defense and Energy, the Assistant Secretary of Defense for Atomic Energy, and the Board to plan for the orderly establishment of, and transfer of functions to, the Agency.

A bill to provide that certain Federal property shall be made available to States for State use before being made available to other entities, and for other purposes.

United States · United States Congress · 9 May 1995

Revises various specified Federal laws concerning the transfer, disposal, and distribution of certain surplus Federal property by the Department of Defense (DOD) and other specified Federal agencies. Gives State and local governments priority over foreign countries in receiving nonlethal excess DOD supplies before they are made available for humanitarian relief purposes. Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to exclude motor vehicles from the personal property DOD may transfer to Federal and State agencies for counter-drug activities. Repeals the mandate for DOD participation in infrastructure improvement demonstration programs conducted by Regional Equipment Centers in Newport Township and Cambria County, Pennsylvania. Amends the Foreign Assistance Act of 1961, with respect to the transfer of property for environmental protection in foreign countries, to prohibit such transfers unless the Administrator of General Services (GSA Administrator) determines that there is no Federal or State use requirements for the property under any other provision of law. Amends the Small Business Act to subject to the supervision of the GSA Administrator, in consultation with State agencies responsible for surplus property distribution, the transfer of U.S.-owned technology or surplus property to participants in the small business and capital ownership development program. Repeals the authority of the Secretary of Energy to transfer surplus equipment to an educational institution with which it has a partnership agreement. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to repeal the authority of a Federal agency head or the director of a Federal laboratory to give excess research equipment to an educational institution or nonprofit organization. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of General Services to delegate such transfer authority to the director of a Federal laboratory. Requires the Administrator of General Services to review all such laws for a report to the Congress on the effectiveness of surplus personal property disposal programs along with recommendations for consolidating them under a single Federal authority.

Mining Law Reform Act of 1995

United States · United States Congress · 9 May 1995

TABLE OF CONTENTS: Title I: Findings and Purposes; Definitions Title II: Disposition of Locatable Mineral Deposits Title III: Surface Management of Mineral Activities Title IV: Royalty Title V: Abandoned Locatable Minerals Mine Reclamation Program Title VI: Administrative Provisions Mining Law Reform Act of 1995 - Title I: Findings and Purpose; Definitions - Declares that it is the purpose of this Act to: (1) promote mineral exploration and development; (2) ensure land reclamation; and (3) avoid claims of takings of property rights that could require compensation under the Fifth Amendment to the Constitution. Title II: Disposition of Locatable Mineral Deposits - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 201) Sets forth claim maintenance and assessment work requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for unpatented mining claim or site against the requisite royalties. Prescribes procedural guidelines for fee adjustments and disposition. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. (Sec. 202) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 203) Prohibits the Secretary of the Interior from denying residential occupancy, or requiring removal of equipment or facilities, if a notice of intent or plan of operations shows such occupancy to be reasonably required. Sets forth procedural guidelines for reversion to the Secretary of a patented estate that is used for unauthorized purposes. Amends the Department of the Interior and Related Agencies Appropriations Act, 1995 to repeal its proscription against the obligation of appropriated funds to process patents for mining or mill site claims. Title III: Surface Management of Mineral Activities - Declares that compliance with this title constitutes compliance with specified provisions of the FLPMA and any National Forest System surface management resource standard contained in specified Acts and any other law applicable to Federal lands subject to this title within the National Forest System. States that this Act is applicable only to mineral activities on those Federal lands where the surface estate is managed by the Bureau of Land Management or the U.S. Forest Service. Cites the Federal environmental protection statutes applicable to mining operations under this Act. (Sec. 302) Prescribes procedural guidelines for: (1) authorization of mineral activities and plans of operations requirements (including a reclamation plan that complies with State requirements, and evidence of financial assurance); (2) cooperative agreements for joint administration between the Secretary and the requesting State; and (3) enforcement and administrative and judicial review. Title IV: Royalty - Imposes a royalty of three percent of the net proceeds upon the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Waives the royalty for: (1) any mine with an annual gross yield of less than $500,000; and (2) minerals processed at a facility by the same person which extracted the minerals if a certain urban development action grant has been made. Prescribes royalty payment guidelines. Title V: Abandoned Locatable Minerals Mine Reclamation Program - Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. (Sec. 501) Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 503) Identifies: (1) Federal lands and water eligible for reclamation under this Act; and (2) reclamation uses and objectives for moneys in a State Fund. (Sec. 505) Requires each State with a State Fund to furnish an annual accounting report to the Congress. Title VI: Administrative Provisions - Declares that this Act supersedes the general mining laws only to the extent that they conflict with the requirements of this Act. Sets forth the effect of this Act upon other Federal and State laws.

USEC Privatization Act

United States · United States Congress · 3 May 1995

USEC Privatization Act - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing). (Sec. 4) States that one of this Act's purposes is to ensure that privatization of the United States Enrichment Corporation (USEC) does not result in any adverse effects on the pension benefits of employees at facilities that are operated in the performance of functions vested in USEC. Declares that any employer (including USEC) shall abide by the terms of the collective bargaining agreement in effect on the privatization date at each individual facility until the earlier of: (1) the date on which the collective bargaining agreement terminates; or (2) a new collective bargaining agreement is executed. Prescribes guidelines under which Corporation employees who before the privatization date were subject to Federal retirement and health benefits may elect to continue such coverage or receive the benefits provided by the privatized Corporation. (Sec. 5) Delineates parameters within which the Department of Energy (DOE) may market enriched uranium and uranium enrichment and related services after the privatization date. Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term. States that USEC shall establish prices for its products, materials, and services on a profitmaking basis. Prescribes guidelines under which DOE: (1) shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste; and (2) may transfer low-enriched uranium to the Corporation without charge before the privatization date. Prohibits delivery for commercial end use before January 1, 1998, of natural uranium transferred by the United States to the Corporation. (Sec. 6) Declares the Corporation, on the privatization date, to be the Executive Agent of the United States under a specified agreement with the Russian Federation for the disposition of highly enriched uranium. Authorizes the U.S. Government to change the Executive Agent at any time after the privatization date. Authorizes the U.S. Executive Agent to contract for resale of the enrichment component of low-enriched uranium purchased from the Russian Federation and derived from highly enriched uranium. Requires the U.S. Executive Agent, upon delivery of such low-enriched uranium under such a sales contract, to deliver to the Russian Federation Executive Agent, an amount of uranium hexafluoride equivalent to the natural uranium component of such low-enriched uranium. Deems such uranium hexafluoride, delivered to the Russian Federation Executive Agent, to be of Russian origin and subject to specified restrictions. Permits use of such "Russian origin" uranium hexafluoride for: (1) overfeeding in the operations of enrichment facilities in the United States; or (2) resale for end use outside the United States. Permits delivery of such "Russian origin" uranium hexafluoride for consumption by end users in the United States after January 1, 2002, according to a specified schedule. (Sec. 7) Prescribes guidelines under which: (1) USEC may establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of public offering. Provides that the proceeds to the U.S, Government from privatization shall be included in the budget baseline and be counted as an offset to direct spending. Prohibits issuance of any license or certificate of compliance to USEC if its issuance would, in the opinion of the Nuclear Regulatory Commission (NRC), be inimical to the common defense and security of the United States due to the nature and extent of USEC ownership, control or domination by a foreign corporation or government or any other relevant factors or circumstances. (Sec. 8) Provides for periodic certification of USEC by the NRC upon privatization. (Sec. 9) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment. (Sec. 10) Revises the purview of judicial review of NRC actions to include: (1) any final order establishing standards to govern DOE gaseous diffusion uranium enrichment facilities, including facilities leased to a corporation established under this Act; and (2) any final determination relating to whether such facilities comply with such standards. (Sec. 11) Extends to violations of certification requirements the current civil money penalties for violations of licensing requirements.

Foreign Relations Revitalization Act of 1995

United States · United States Congress · 3 May 1995

TABLE OF CONTENTS: Division A: Consolidation of Foreign Affairs Agencies Title I: General Provisions Title II: United States Arms Control and Disarmament Agency Title III: United States Information Agency Title IV: Agency for International Development Title V: Transition Division B: Foreign Relations Authorizations Title XX: General Provisions Title XXI: Authorization of Appropriations for Department of State and Certain International Affairs Functions and Activities Title XXII: Department of State Authorities and Activities Title XXIII: Organization of the Department of State; Department of State Personnel, The Foreign Service Title XXIV: United States Public Diplomacy: Authorities and Activities for United States Informational, Educational, and Cultural Programs Title XXV: International Organizations and Commissions Title XXVI: Foreign Policy Provisions Title XXVII: Congressional Statements Division C: Foreign Assistance Authorizations Title XXXI: Defense and Security Assistance Title XXXII: Economic Assistance Title XXXIII: Regional Provisions Title XXXIV: Special Authorities and Other Provisions Title XXXV: Effective Date American Overseas Interests Act of 1995 - Division A: Consolidation of Foreign Affairs Agencies - Title I: General Provisions - Foreign Affairs Agencies Consolidation Act of 1995 - Sets forth congressional findings and purposes regarding the reorganization of U.S. foreign affairs agencies. Title II: United States Arms Control and Disarmament Agency - Abolishes the U.S. Arms Control and Disarmament Agency. Transfers functions of the Director of such Agency to the Secretary of State. Directs the President to submit a reorganization plan with respect to the transfer of such functions to the appropriate congressional committees. (Sec. 222) Amends the State Department Basic Authorities Act of 1956 to establish in the Department of State: (1) an Under Secretary for International Security and Arms Control; (2) a Coordinator for Arms Control and Disarmament; and (3) Assistant Secretaries for Arms Control and Disarmament and for Nonproliferation and Export Controls, respectively. (Sec. 242) Repeals sections of the Arms Control and Disarmament Act relating to the establishment of the Agency and appointment of officials. Makes conforming amendments with respect to the transfer of authorities to the Department of State. Title III: United States Information Agency - Abolishes the U.S. Information Agency (USIA) and transfers the functions of the Director of the Agency to the Secretary. Directs the President to submit a reorganization plan with respect to the transfer of such functions to the appropriate congressional committees. (Sec. 322) Establishes in the Department of State: (1) an Under Secretary for Public Diplomacy; and (2) Assistant Secretaries for Academic Programs and Cultural Exchanges and for Information, Policy, and Programs, respectively. (Sec. 341) Makes conforming amendments with respect to the transfer of such functions to the Department of State. Title IV: Agency for International Development - Abolishes the Agency for International Development (AID) and the International Development Cooperation Agency. Transfers such agencies' functions to the Secretary. Directs the President to submit a reorganization plan with respect to the transfer of such functions to the appropriate congressional committees. (Sec. 422) Establishes an Under Secretary for Development, Trade Promotion, and Economic Affairs to head an International Development Foundation. Requires all functions under the Foreign Assistance Act of 1961 to be carried out through the Foundation. (Sec. 442) Makes conforming amendments with respect to the transfer of functions to the Department of State. Title V: Transition - Sets forth transition administrative provisions regarding: (1) the Secretary's reorganization authorities; (2) the transfer and allocation of appropriations and personnel; (3) specified incidental transfers of personnel, liabilities, records, and funds; (4) effects of terminations and transfers of functions on personnel; and (5) voluntary separation incentives. (Sec. 510) Requires the President to submit a final accounting of the finances and operations of the U.S. Arms Control and Disarmament Agency, USIA, and AID to the appropriate congressional committees. Division B: Foreign Relations Authorizations - Title XX: General Provisions - Foreign Relations Authorization Act, Fiscal Years 1996 and 1997 - Sets forth definitions. Title XXI: Authorization of Appropriations for Department of State and Certain International Affairs Functions and Activities - Authorizes appropriations for the Department of State for FY 1996 and 1997 for: (1) the administration of foreign affairs; (2) contributions to international organizations and international peacekeeping activities; (3) international conferences and contingencies; (4) purposes of offsetting adverse fluctuations in foreign currency exchange rates; (5) international commissions; (6) migration and refugee assistance; (7) the Asia Foundation; (8) international information activities and educational and cultural exchange programs; and (9) purposes of carrying out the Arms Control and Disarmament Act. Earmarks funds for specified organizations and activities. (Sec. 2102) Makes funds available to the International Atomic Energy Agency only if the Secretary reports to the appropriate congressional committees that Israel is not being denied its right to participate in the Agency. Bars the use of international organization funds for programs for Libya, Iran, or Communist countries listed under the Foreign Assistance Act of 1961. Withholds certain amounts of funds from the United Nations Development Program unless the President certifies that the Program has terminated activities in and for Burma (a.k.a. Myanmar). Prohibits international peacekeeping funds from being made available for contributions to the United Nations Protection Force unless the President reports to the Congress that: (1) the Government of Bosnia and Herzegovina supports the continued presence of such Force within its territory; (2) the Force is carrying out its mandate under specified Security Council resolutions; (3) the Force is providing support to the efforts of the United Nations War Crimes Tribunal to investigate and prosecute war crimes and support to diplomatic, military, and relief personnel; and (4) the Force has investigated and taken appropriate action against any personnel suspected of participating in illegal or improper activities. Makes the authorization of appropriations for international conferences and contingencies effective only after the Secretary makes a certification regarding the Fourth World Conference on Women in Beijing, China, and accreditation of certain nongovernmental organizations. (Sec. 2104) Bars the use of migration and refugee assistance funds for salaries and administrative expenses of the Bureau of Migration and Refugee Assistance. Prohibits the use of such assistance for the repatriation of any person to Vietnam, Laos, or Cambodia unless the President makes a specified certification regarding the status of such persons as refugees and whether they have been offered resettlement outside their countries of nationality. Title XXII: Department of State Authorities and Activities - Adds to the list of actions for which rewards are available the furnishing of information leading to the arrest or conviction of any individual aiding or abetting in acts of international terrorism against U.S. persons or property or in certain narcotics-related offenses. Authorizes appropriations, with limitations. (Sec. 2205) Directs the Secretary to develop a worldwide plan for the consolidation, on a regional or area wide basis, of U.S. missions and consular posts abroad. (Sec. 2231) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to limit the amount of fees collected from processing machine readable visas that may be deposited as an offsetting collection to any Department of State appropriation. Removes provisions which prohibit fees from being charged to citizens of countries that are signatories to the North American Free Trade Agreement. (Sec. 2232) Requires visa applicants who are determined to have a criminal history record, have been present in the United States, and are more than 16 years of age to provide a fingerprint record for submission with the application. Directs the Department of State to submit such record to the Federal Bureau of Investigation for analysis to determine whether the applicant has been convicted of a felony under State or Federal law. (Sec. 2233) Sets aside a percentage of the fees collected in FY 1996 and 1997 for expedited passport processing for enhancing passport services, investigating passport fraud, and deterring entry into the United States by terrorists and other criminals. (Sec. 2252) Directs the President to report to the appropriate congressional committees every six months on the methods employed by the Cuban Government to enforce the United States--Cuba Immigration Agreement of September 1994 to restrict the emigration of Cuban people to the United States. (Sec. 2253) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 1997 a provision which authorizes admission into the United States of a specified number of refugees from the independent states of the former Soviet Union (independent states), Estonia, Latvia, and Lithuania based on religious persecution due to participation in the Ukrainian Catholic or Orthodox churches. Makes FY 1997 the latest allowable entry date for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia for purposes of qualifying for adjustment of status. Title XXIII: Organization of the Department of State; Department of State Personnel; The Foreign Service - Establishes a Coordinator for Counterterrorism within the office of the Secretary. (Sec. 2302) Establishes within the Department of State a U.S. Special Envoy for Tibet. (Sec. 2303) Establishes a Coordinator for Human Rights and Refugees within the office of the Secretary. Repeals provisions that provide for an Assistant Secretary for Democracy, Human Rights, and Labor. Establishes the Bureau of Refugee and Migration Assistance within the Department of State. (Sec. 2304) Repeals provisions of law which provide for: (1) an Assistant Secretary for South Asian Affairs; (2) a Deputy Assistant Secretary for Burden sharing; and (3) a Bureau and Assistant Secretary for Oceans and International Environmental and Scientific Affairs. (Sec. 2305) Establishes an Assistant Secretary for Human Resources within the Department of State. (Sec. 2351) Establishes limits on the number of Foreign Service personnel in the Department of State, USIA, and AID during FY 1996 and 1997. Provides for a waiver of such limitations as necessary to carry out foreign affairs functions. (Sec. 2352) Repeals provisions of the Foreign Service Act of 1980 that provide for performance pay for Senior Foreign Service personnel. Title XXIV: United States Public Diplomacy: Authorities and Activities for United States Informational, Educational, and Cultural Programs - Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to eliminate the permanent authorization for the Center for Cultural and Technical Interchange between North and South. (Sec. 2403) Requires the USIA Director to establish educational and cultural exchange programs between the United States and Hong Kong and Tibet, respectively. (Sec. 2405) Provides for scholarships to Tibetan and Burmese students and professionals who are outside their countries. (Sec. 2406) Authorizes the USIA Director to make available, upon request, computer readable multilingual text and recorded speech in various languages to the Linguistic Data Consortium of the University of Pennsylvania. (Sec. 2431) Amends the United States International Broadcasting Act of 1994 to increase the number of members on the Broadcasting Board of Governors. (Sec. 2432) Requires the USIA Director to submit a plan for the establishment and operation of Radio Free Asia to the Congress. (Sec. 2433) Requires the USIA Director to make grants for broadcasting to China, Burma, Cambodia, Laos, North Korea, Tibet, and Vietnam for purposes of providing broadcasting on an interim basis before Radio Free Asia becomes fully operational. Title XXV: International Organizations and Commissions - Authorizes the Secretary to make improvements to the Rio Grande Canalization Project. (Sec. 2521) Permits the President to withhold 20 percent of the funds appropriated for the U.S. assessed contribution to the United Nations if the United Nations has failed to implement consensus-based decision making procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states who are major financial contributors. (Sec. 2523) Prohibits U.S. contributions to any affiliated organization of the United Nations or to the United Nations if they grant full membership as a state to a group that does not have internationally recognized attributes of statehood. (Sec. 2524) Directs the Secretary to report to the appropriate congressional committees on the management of the United Nations Children's Fund (UNICEF). Title XXVI: Foreign Policy Provisions - Provides that certain provisions of the Taiwan Relations Act concerning defense articles and services and the determination of Taiwan's defense needs supersede any provision of the Joint Communique of the United States and China of August 17, 1982. (Sec. 2602) Requires the Secretary to report annually to specified congressional officials on conditions in Tibet and on the state of relations between the United States and those recognized by the Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives, and the Tibetan government in exile. Expresses the sense of the Congress that whenever an executive branch report is transmitted to the Congress on a country-by-country basis there should be included a separate report on Tibet. (Sec. 2603) Bosnia Genocide Justice Act - Urges the President to take specified steps to assist efforts to investigate and prosecute those responsible for war crimes and other violations of international humanitarian law committed in the former Yugoslavia since 1991. (Sec. 2642) Sets forth minimum conditions relating to nuclear nonproliferation that the President should uphold in negotiations with North Korea. (Sec. 2643) Expresses the sense of the Congress that: (1) South Korea should play the central role in the project to provide light water reactors to North Korea; and (2) the President should not take steps toward upgrading diplomatic relations with North Korea beyond opening liaison offices or relaxing trade and investment barriers without action by North Korea to engage in a dialogue with South Korea, implementation of the North-South Declaration on the Denuclearization of the Korean Peninsula, and progress toward U.S. policy objectives regarding North Korea and the Korean Peninsula. (Sec. 2645) Makes the provision of assistance to North Korea or the Korean Peninsula Energy Development Organization contingent on the same terms that govern such assistance under the Foreign Assistance Act of 1961. (Sec. 2651) Sets forth U.S. policy with respect to encouraging the United Nations Security Council to take certain steps against Burma. Expresses the sense of the Congress that the President should reduce the U.S. diplomatic presence in Burma. Title XXVII: Congressional Statements - Declares that the Secretary, in allocating resources for international organizations, should pay particular attention to funding levels of the Inter- American organizations. (Sec. 2702) Expresses the sense of the Congress that the United States should refuse to recognize the incorporation of any territory of Bosnia-Herzegovina into the territory of a neighboring state or the creation of a new state within Bosnia's borders resulting from the use of force, coercion, or other means inconsistent with international law. (Sec. 2703) Expresses the sense of the Congress with respect to calling upon the Chinese Government to dismantle the Laogai (system of forced labor camps). (Sec. 2704) Expresses the sense of the Congress that none of the funds authorized to be appropriated by this Act may be obligated to normalize diplomatic relations with Vietnam until Vietnam: (1) releases all of its political and religious prisoners; (2) accounts for American prisoners-of-war and missing in action from the Vietnam War; (3) holds democratic elections; and (4) institutes policies which protect human rights. (Sec. 2705) Expresses the sense of the Congress that the President should take specified actions with respect to: (1) promoting human and worker rights in China; and (2) requesting the United Nations Voluntary Fund for Victims of Torture to encourage the development and protection of treatment centers. Division C: Foreign Assistance Authorizations - Foreign Aid Reduction Act of 1995 - Title XXXI: Defense and Security Assistance - Authorizes appropriations for the foreign military financing program under the Arms Export Control Act for FY 1996 and 1997. Earmarks amounts of assistance for Israel, Egypt, Greece, Turkey, the Czech Republic, Hungary, and Poland. (Sec. 3121) Amends the Foreign Assistance Act of 1961 to increase the aggregate value of defense articles and services that may be drawn down under emergency circumstances. Revises authorities with respect to drawdowns for non-military assistance purposes. (Sec. 3122) Limits the value of additions to stockpiles in foreign countries in FY 1996 and 1997. Makes amounts available for such stockpiles in South Korea and Thailand. (Sec. 3123) Revises conditions on the transfer of excess defense articles and repeals specified provisions of existing law regarding such transfers. (Sec. 3141) Authorizes appropriations for international military education and training for FY 1996 and 1997. Permits such assistance to Indonesia only for specified military education and training for civilian personnel. (Sec. 3143) Authorizes the attendance without charge of foreign military and civilian defense personnel at test flight pilot schools in the United States pursuant to agreements providing for the exchange of students between U.S. and comparable foreign pilot schools. (Sec. 3151) Authorizes appropriations for FY 1996 and 1997 for antiterrorism assistance. (Sec. 3152) Repeals provisions that require certain congressional notifications and reports regarding antiterrorism assistance. (Sec. 3162) Authorizes the President to accept contributions from foreign governments to carry out international narcotics control activities. Repeals specified reporting and certification requirements with respect to international narcotics control currently applicable to years after FY 1995 and applies FY 1995 reporting and certification requirements to such years. (Sec. 3164) Permits international narcotics-related assistance to be provided notwithstanding any law (with specified exceptions) that restricts assistance to foreign countries if the President notifies the appropriate congressional committees in advance. (Sec. 3171) Authorizes appropriations for FY 1996 and 1997 for a nonproliferation and disarmament fund established under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992. (Sec. 3181) Amends the Arms Export Control Act to revise congressional review procedures with respect to specified arms transfers. (Sec. 3182) Provides that presidential consent shall not be required for the transfer by a foreign country or international organization of defense articles sold by the United States if specified conditions are met. (Sec. 3184) Repeals specified reporting requirements with respect to price and availability estimates relating to proposed sales, and acquisitions, of defense articles or services. (Sec. 3188) Designates Australia, Egypt, Israel, Japan, South Korea, and New Zealand as major non-North Atlantic Treaty Organization (NATO) allies. (Sec. 3189) Raises the threshold on amounts of defense articles and services that trigger certification requirements prior to transfer. (Sec. 3191) Prohibits funds from being available to facilitate the sale of M-833 antitank shells or shells containing a depleted uranium penetrating component to any country other than a NATO member country, a major non-NATO ally, or Taiwan. Subjects such prohibition to a national security interest waiver. Title XXXII: Economic Assistance - Authorizes appropriations for FY 1996 and 1997 for economic support fund (ESF) assistance. Earmarks amounts for Israel, Egypt, the International Fund for Ireland, and law enforcement assistance. (Sec. 3211) Authorizes the President to provide funds and support to private sector enterprise funds for countries eligible to receive development assistance on the same basis as such funds and support are provided to Enterprise Funds for Poland and Hungary under the Support for East European Democracy (SEED) Act of 1989. Makes development and ESF assistance available for such funds. (Sec. 3212) Authorizes the President to provide funds and support to Enterprise Funds that are or have been established for purposes of promoting private sector development of countries in the Trans-Caucasus region. (Sec. 3213) Replaces provisions regarding the Private Sector Revolving Fund with provisions authorizing credit and training to micro- and small enterprises. Authorizes appropriations for FY 1996 and 1997 for such purposes. (Sec. 3214) Authorizes grant assistance to microenterprises in developing countries. (Sec. 3221) Authorizes appropriations for FY 1996 and 1997 for specified development assistance, including: (1) the Development Fund for Africa; (2) assistance for the independent states; (3) assistance for Eastern Europe and the Baltic states; (4) the Inter-American Foundation; and (5) the African Development Foundation. (Sec. 3222) Prohibits development assistance for voluntary population planning from being made available for organizations that support or participate in coercive abortions or involuntary sterilizations. (Sec. 3223) Makes ineligible for assistance (except humanitarian assistance or assistance for democratic political reform) any independent state that directs any action in violation of territorial integrity or national sovereignty of any other independent state. Prohibits assistance for purposes of enhancing the military capability of any independent state, with exceptions. Bars assistance to the Government of Russia if such government: (1) is not making progress in implementing comprehensive economic reforms based on market principles; and (2) applies or transfers assistance to any entity for purposes of expropriating or seizing ownership or control of assets, investments, or ventures. Provides for a permanent waiver of certain provisions of law with respect to assistance to the independent states (currently, such waiver is only applicable with respect to FY 1993 assistance). (Sec. 3224) Requires the President to report to the Congress every three years on the impact and effectiveness of development assistance on a country-by-country basis. (Sec. 3231) Authorizes appropriations for FY 1996 and 1997 for operating expenses of the agency primarily responsible for administering development assistance and for such agency's office of inspector general. (Sec. 3241) Authorizes appropriations for FY 1996 and 1997 for the provision of agricultural commodities under title II of the Agricultural Trade Development and Assistance Act of 1954. Prohibits funding for providing such commodities under title III of such Act. (Sec. 3251) Authorizes appropriations for FY 1996 and 1997 for administrative expenses to carry out worldwide shelter guaranteed loan programs. (Sec. 3261) Authorizes appropriations for FY 1996 and 1997 to carry out the Peace Corps Act. Earmarks a maximum amount for Peace Corps activities in the independent states. (Sec. 3263) Prohibits the use of Peace Corps funds for abortions. (Sec. 3271) Authorizes the President to provide international reconstruction assistance. Authorizes appropriations for FY 1996 and 1997 for international disaster assistance. (Sec. 3281) Prohibits funds under the Foreign Assistance Act of 1961 from being available to private and voluntary organizations which: (1) fail to provide documents to meet auditing requirements of the agency primarily responsible for administering development assistance; or (2) are not registered with such agency. (Sec. 3284) Withholds from obligation an amount equivalent to 110 percent of the total unpaid fully adjudicated parking fines owed to the District of Columbia, Virginia, Maryland, and New York by the government of a foreign country in a fiscal year until the Secretary of State certifies to the appropriate congressional committees that such fines are fully paid. Title XXXIII: Regional Provisions - Prohibits foreign assistance to any foreign government that has provided economic assistance to or engaged in nonmarket-based trade with the Government of Cuba. Waives such prohibition under specified conditions. (Sec. 3302) Permits development or ESF assistance for FY 1996 and 1997 to be made available to Nicaragua only if the Secretary of State certifies to the appropriate congressional committees that specified conditions regarding investigations of weapons caches and certain murders, prosecution of those involved in international terrorist or kidnapping rings, expropriation of U.S. property, civilian control over the military and police, and reforms in the judicial system have been met. (Sec. 3303) Makes Panama eligible to purchase defense articles and services under the Arms Export Control Act. Expresses the sense of the Congress that the President should negotiate a new base rights agreement with the Government of Panama. (Sec. 3305) Sets forth U.S. policy with respect to free passage through, and claims to territory in, the South China Sea. (Sec. 3306) Prohibits ESF, international military education and training, foreign military financing, and development assistance to the Government of Zaire for FY 1996 and 1997. Title XXXIV: Special Authorities and Other Provisions - Increases the amount authorized to be transferred between specified accounts under the Foreign Assistance Act of 1961 and the Arms Export Control Act. (Sec. 3402) Authorizes the President, in order to provide for unanticipated contingencies in programs for which funds are provided under the Foreign Assistance Act of 1961, to use funds made available to carry out any provision of such Act for purposes of providing assistance authorized by other provisions. Repeals current provisions regarding contingencies and raises the ceiling on the amount provided for such authority. (Sec. 3403) Revises special authority provisions to authorize the President to provide assistance and loans under foreign assistance laws and the Arms Export Control Act, notwithstanding laws restricting such assistance, if to do so is vital to national interests. Retains specified annual ceilings with respect to such waivers and raises country limits. (Sec. 3404) Authorizes the President, for purposes of making an equitable settlement of termination claims under extraordinary contractual relief standards, to adopt as a contract or other obligation of the U.S. Government and assume any liabilities under, any contract with a U.S. or third-country contractor to carry out any program of foreign assistance that was subsequently terminated. (Sec. 3412) Prohibits funds made available to carry out the Foreign Assistance Act of 1961 or the Arms Export Control Act from being provided to any foreign government engaged in intelligence activities harmful to U.S. national security. (Sec. 3413) Authorizes the President to reduce amounts owed to the U.S. Government as a result of loans or guarantees issued under the Foreign Assistance Act of 1961 or credits or guarantees extended under the Arms Export Control Act. Makes eligible for such debt reduction countries with a heavy debt burden that are eligible to borrow from the International Development Association but not from the International Bank for Reconstruction and Development and countries that meet other specified conditions concerning military expenditures, terrorism, narcotics control, and human rights. Permits such authority only to implement multilateral debt relief ad referendum agreements (the Paris Club Agreed Minutes) and only to the extent that appropriations for the modifications are made in advance. Authorizes appropriations for FY 1996 and 1997. (Sec. 3414) Authorizes the President, subject to certain conditions, to sell to an eligible purchaser concessional loans made before January 1, 1995, to the government of an eligible country or reduce or cancel such loans on receipt of payment from an eligible purchaser for purposes of facilitating debt-for-equity, -development, or -nature swaps or debt buybacks by eligible countries to support specified activities. Authorizes appropriations for FY 1996 and 1997. (Sec. 3415) Prohibits the use of funds under the Foreign Assistance Act of 1961 to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing an export processing zone or designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of jobs within the United States; or (3) assistance for any project that contributes to the violation of workers' rights. Exempts assistance for microenterprises, small-scale enterprises, or small-holder agriculture in the informal sector of the foreign country from such prohibition. (Sec. 3416) Prohibits assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act to any foreign government that provides lethal military equipment to a country whose government supports international terrorism. Waives such prohibition if such assistance is important to national security interests. (Sec. 3421) Repeals specified foreign assistance laws. Title XXXV: Effective Date - Makes the effective date of this Act the later of the enactment date or October 1, 1995.

To authorize appropriations for the Department of State and for certain other international affairs functions and activities of the United States Government for fiscal years 1996 and 1997, and for other purposes.

United States · United States Congress · 3 May 1995

TABLE OF CONTENTS: Division B: Foreign Relations Authorizations Title XX: General Provisions Title XXI: Authorization of Appropriations for Department of State and Certain International Affairs Functions and Activities Title XXII: Department of State Authorities and Activities Title XXIII: Organization of the Department of State; Department of State Personnel; The Foreign Service Title XXIV: United States Public Diplomacy; Authorities and Activities for United States Informational, Educational, and Cultural Programs Title XXV: International Organizations and Commissions Title XXVI: Foreign Policy Provisions Title XXVII: Congressional Statements Division B: Foreign Relations Authorizations - Title XX: General Provisions - Foreign Relations Authorization Act, Fiscal Years 1996 and 1997 - Sets forth definitions. Title XXI: Authorization of Appropriations for Department of State and Certain International Affairs Functions and Activities - Authorizes appropriations for the Department of State for FY 1996 and 1997 for: (1) the administration of foreign affairs; (2) contributions to international organizations and international peacekeeping activities; (3) international conferences and contingencies; (4) purposes of offsetting adverse fluctuations in foreign currency exchange rates; (5) international commissions; (6) migration and refugee assistance; (7) the Asia Foundation; (8) international information activities and educational and cultural exchange programs; and (9) purposes of carrying out the Arms Control and Disarmament Act. Earmarks funds for specified organizations and activities. (Sec. 2102) Makes funds available to the International Atomic Energy Agency only if the Secretary reports to the appropriate congressional committees that Israel is not being denied its right to participate in the Agency. Bars the use of international organization funds for programs for Libya, Iran, or Communist countries listed under the Foreign Assistance Act of 1961. Withholds certain amounts of funds from the United Nations Development Program unless the President certifies that the Program has terminated activities in and for Burma (a.k.a. Myanmar). Prohibits international peacekeeping funds from being made available for contributions to the United Nations Protection Force unless the President reports to the Congress that: (1) the Government of Bosnia and Herzegovina supports the continued presence of such Force within its territory; (2) the Force is carrying out its mandate under specified Security Council resolutions; (3) the Force is providing support to the efforts of the United Nations War Crimes Tribunal to investigate and prosecute war crimes and support to diplomatic, military, and relief personnel; and (4) the Force has investigated and taken appropriate action against any personnel suspected of participating in illegal or improper activities. Makes the authorization of appropriations for international conferences and contingencies effective only after the Secretary makes a certification regarding the Fourth World Conference on Women in Beijing, China, and accreditation of certain nongovernmental organizations. (Sec. 2104) Bars the use of migration and refugee assistance funds for salaries and administrative expenses of the Bureau of Migration and Refugee Assistance. Prohibits the use of such assistance for the repatriation of any person to Vietnam, Laos, or Cambodia unless the President makes a specified certification regarding the status of such persons as refugees and whether they have been offered resettlement outside their countries of nationality. (Sec. 2121) Prohibits the authorization of appropriations under this Act for any entity which: (1) provides, supports, assists, or promotes abortion, except where necessary to save the life of the mother or following rape or incest; or (2) conducts, assists, or promotes any activity related to population control or family planning and assistance in the People's Republic of China, until the President certifies that there have been no abortions performed as a result of coercion, duress, or severe psychological pressure within the preceding 12 months. Title XXII: Department of State Authorities and Activities - Adds to the list of actions for which rewards are available the furnishing of information leading to the arrest or conviction of any individual aiding or abetting in acts of international terrorism against U.S. persons or property or in certain narcotics-related offenses. Authorizes appropriations, with limitations. (Sec. 2205) Directs the Secretary to develop a worldwide plan for the consolidation, on a regional or areawide basis, of U.S. missions and consular posts abroad. (Sec. 2231) Amends the Immigration and Nationality Act to: (1) include membership in a terrorist organization as a basis for exclusion from the United States; and (2) authorize the Secretary of State to waive the requirement that a person receive written notice of the provisions under which his or her visa application was denied in the case of any alien deemed excludable on criminal or security grounds. (Sec. 2233) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to limit the amount of fees collected from processing machine readable visas that may be deposited as an offsetting collection to any Department of State appropriation. Removes provisions which prohibit fees from being charged to citizens of countries that are signatories to the North American Free Trade Agreement. (Sec. 2234) Requires visa applicants who are determined to have a criminal history record, have been present in the United States, and are more than 16 years of age to provide a fingerprint record for submission with the application. Directs the Department of State to submit such record to the Federal Bureau of Investigation for analysis to determine whether the applicant has been convicted of a felony under State or Federal law. (Sec. 2235) Sets aside a percentage of the fees collected in FY 1996 and 1997 for expedited passport processing for enhancing passport services, investigating passport fraud, and deterring entry into the United States by terrorists and other criminals. (Sec. 2237) Amends the Immigration and Nationality Act to: (1) include as a basis for exclusion from the United States the confiscation of American property abroad or trafficking in such confiscated property; and (2) revise the definition of "refugee" to provide that a person who has been forced to have an abortion or undergo involuntary sterilization or who has been persecuted for refusing to do so or for other resistance to a coercive population control program shall be deemed to have been persecuted on account of political opinion. (Sec. 2253) Directs the President to report to the appropriate congressional committees every six months on the methods employed by the Cuban Government to enforce the United States-Cuba Immigration Agreement of September 1994 to restrict the emigration of Cuban people to the United States. (Sec. 2254) Prohibits the United States from involuntarily returning, or promoting or assisting the return of, any person to a country in which the person has a well founded fear of persecution. (Sec. 2255) Directs the President to report to specified congressional committees preceding each fiscal year on the foreseeable number of refugees who will be in need of resettlement and the anticipated allocation of refugee admissions during the fiscal year. (Sec. 2256) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 1997 a provision which authorizes admission into the United States of a specified number of refugees from the independent states of the former Soviet Union (independent states), Estonia, Latvia, and Lithuania based on religious persecution due to participation in the Ukrainian Catholic or Orthodox churches. Makes FY 1997 the latest allowable entry date for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia for purposes of qualifying for adjustment of status. Title XXIII: Organization of the Department of State; Department of State Personnel; The Foreign Service - Establishes a Coordinator for Counterterrorism within the office of the Secretary. (Sec. 2302) Establishes within the Department of State a U.S. Special Envoy for Tibet. (Sec. 2303) Establishes a Coordinator for Human Rights and Refugees within the office of the Secretary. Repeals provisions that provide for an Assistant Secretary for Democracy, Human Rights, and Labor. Establishes the Bureau of Refugee and Migration Assistance within the Department of State. (Sec. 2304) Repeals provisions of law which provide for: (1) an Assistant Secretary for South Asian Affairs; (2) a Deputy Assistant Secretary for Burdensharing; and (3) a Bureau and Assistant Secretary for Oceans and International Environmental and Scientific Affairs. (Sec. 2305) Establishes an Assistant Secretary for Human Resources within the Department of State. (Sec. 2351) Establishes limits on the number of Foreign Service personnel in the Department of State, USIA, and AID during FY 1996 and 1997. Provides for a waiver of such limitations as necessary to carry out foreign affairs functions. (Sec. 2352) Repeals provisions of the Foreign Service Act of 1980 that provide for performance pay for Senior Foreign Service personnel. Title XXIV: United States Public Diplomacy: Authorities and Activities for United States Informational, Educational, and Cultural Programs - Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to eliminate the permanent authorization for the Center for Cultural and Technical Interchange between North and South. (Sec. 2403) Requires the USIA Director to establish educational and cultural exchange programs between the United States and Hong Kong and Tibet, respectively. (Sec. 2405) Provides for scholarships to Tibetan and Burmese students and professionals who are outside their countries. (Sec. 2406) Authorizes the USIA Director to make available, upon request, computer readable multilingual text and recorded speech in various languages to the Linguistic Data Consortium of the University of Pennsylvania. (Sec. 2431) Amends the United States International Broadcasting Act of 1994 to increase the number of members on the Broadcasting Board of Governors. (Sec. 2432) Requires the USIA Director to submit a plan for the establishment and operation of Radio Free Asia to the Congress. (Sec. 2433) Requires the USIA Director to make grants for broadcasting to China, Burma, Cambodia, Laos, North Korea, Tibet, and Vietnam for purposes of providing broadcasting on an interim basis before Radio Free Asia becomes fully operational. Title XXV: International Organizations and Commissions - Authorizes the Secretary to make improvements to the Rio Grande Canalization Project. (Sec. 2521) Permits the President to withhold 20 percent of the funds appropriated for the U.S. assessed contribution to the United Nations if the United Nations has failed to implement consensus-based decisionmaking procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states who are major financial contributors. (Sec. 2523) Prohibits U.S. contributions to any affiliated organization of the United Nations or to the United Nations if they grant full membership as a state to a group that does not have internationally recognized attributes of statehood. (Sec. 2524) Directs the Secretary to report to the appropriate congressional committees on the management of the United Nations Children's Fund (UNICEF). Title XXVI: Foreign Policy Provisions - Provides that certain provisions of the Taiwan Relations Act concerning defense articles and services and the determination of Taiwan's defense needs supersede any provision of the Joint Communique of the United States and China of August 17, 1982. (Sec. 2602) Requires the Secretary to report annually to specified congressional officials on conditions in Tibet and on the state of relations between the United States and those recognized by the Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives, and the Tibetan government in exile. Expresses the sense of the Congress that whenever an executive branch report is transmitted to the Congress on a country-by-country basis there should be included a separate report on Tibet. (Sec. 2603) Bosnia Genocide Justice Act - Urges the President to take specified steps to assist efforts to investigate and prosecute those responsible for war crimes and other violations of international humanitarian law committed in the former Yugoslavia since 1991. (Sec. 2642) Sets forth minimum conditions relating to nuclear nonproliferation that the President should uphold in negotiations with North Korea. (Sec. 2643) Expresses the sense of the Congress that: (1) South Korea should play the central role in the project to provide light water reactors to North Korea; and (2) the President should not take steps toward upgrading diplomatic relations with North Korea beyond opening liaison offices or relaxing trade and investment barriers without action by North Korea to engage in a dialogue with South Korea, implementation of the North-South Declaration on the Denuclearization of the Korean Peninsula, and progress toward U.S. policy objectives regarding North Korea and the Korean Peninsula. (Sec. 2645) Makes the provision of assistance to North Korea or the Korean Peninsula Energy Development Organization contingent on the same terms that govern such assistance under the Foreign Assistance Act of 1961. (Sec. 2651) Sets forth U.S. policy with respect to encouraging the United Nations Security Council to take certain steps against Burma. Expresses the sense of the Congress that the President should reduce the U.S. diplomatic presence in Burma. (Sec. 2661) Torture Victims Relief Act of 1995 - States that the United States shall not involuntarily return a person to a country where such person would be subject to torture. Establishes an expedited procedure for processing refugee, asylum, withholding of deportation, and parole entry claims of torture victims. Expresses the sense of the Congress that sufficient funds should be allocated to the Immigration and Naturalization Service's Resource Information Center to maintain information on foreign torture. Provides for specialized training in torture identification and handling of torture victims for consular, immigration, and asylum personnel. Directs the Center for Disease Control to study and report on torture victims residing in the United States. Amends the Immigration and Nationality Act and the Foreign Assistance Act of 1961 to provide for respective domestic and foreign treatment centers for torture victims. Authorizes appropriations. Title XXVII: Congressional Statements - Declares that the Secretary, in allocating resources for international organizations, should pay particular attention to funding levels of the Inter-American organizations. (Sec. 2702) Expresses the sense of the Congress that the United States should refuse to recognize the incorporation of any territory of Bosnia-Herzegovina into the territory of a neighboring state or the creation of a new state within Bosnia's borders resulting from the use of force, coercion, or other means inconsistent with international law. (Sec. 2703) Expresses the sense of the Congress with respect to calling upon the Chinese Government to dismantle the Laogai (system of forced labor camps). (Sec. 2704) Expresses the sense of the Congress that none of the funds authorized to be appropriated by this Act may be obligated to normalize diplomatic relations with Vietnam until Vietnam: (1) releases all of its political and religious prisoners; (2) accounts for American prisoners-of-war and missing in action from the Vietnam War; (3) holds democratic elections; and (4) institutes policies which protect human rights. (Sec. 2705) Expresses the sense of the Congress that the President should take specified actions with respect to: (1) promoting human and worker rights in China; and (2) requesting the United Nations Voluntary Fund for Victims of Torture to encourage the development and protection of treatment centers.

National Defense Authorization Act for Fiscal Year 1996

United States · United States Congress · 2 May 1995

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

Military Construction Authorization Act for Fiscal Year 1996

United States · United States Congress · 2 May 1995

TABLE OF CONTENTS: Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Base Closure and Realignment and Environment Subtitle C: Land Conveyances Subtitle D: Other Matters Military Construction Authorization Act for Fiscal Year 1996 - Title XXI: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense (Secretary) to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to enter into agreements to construct, acquire, and improve family housing units at or near military installations for the purpose of encouraging private investments, in a specified amount. Authorizes the Secretary to improve existing military family housing units and to carry out certain energy conservation projects. Authorizes appropriations to the Department of Defense (DOD) for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program and authorizes appropriations for fiscal years after 1995 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1995 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in the preceding titles of this Act on October 1, 1998, or the date of enactment of an Act authorizing funds for military construction for FY 1999, whichever is later, with exceptions. Extends certain FY 1992 and 1993 military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Increases from 300 to 450 the number of units of family housing authorized to be leased in foreign countries for U.S. military family housing purposes. (Sec. 2803) Extends permanently the authority of the Secretary to increase the maximum square footage of military family housing units acquired for military personnel of certain pay grades when determined to be cost effective. (Sec. 2804) Authorizes the Secretary of any military department (currently, only the Navy) to enter into limited partnerships with private developers for the construction of military family housing at or near a military installation. Renames the Navy Housing Investment Account (used for partnership purposes) as the Defense Housing Investment Account. Terminates the Navy Housing Investment Board created to oversee such partnerships. Directs each Secretary of a military department to establish a Housing Investment Board to: (1) advise such Secretary as to financially sound limited partnerships; and (2) administer allocations from the Account. Extends through FY 2000 the authority to enter into such partnerships. (Sec. 2805) Provides that certain cost increase limits with respect to military family housing construction projects do not apply to the settlement of a contractor claim. Subtitle B: Base Closure and Realignment and Environment - Amends the Defense Base Closure and Realignment Act of 1990 to allow funds in the Defense Environmental Restoration Account to be used in FY 1996 for environmental restoration activities for military installations approved for closure or realignment in 1995 under such Act. (Sec. 2808) Amends the Defense Authorization Amendments and Base Closure and Realignment Act as well as the above Act to authorize the Secretary to enter into agreements (currently, only contracts) with local governments for the provision of certain services (police, fire, airfield operations) at military installations to be closed under such Acts when determined to be in the best interests of DOD. Subtitle C: Land Conveyances - Authorizes the Secretary of the Army to convey to: (1) Burlington County, New Jersey, all rights and interest to the Fort Dix Resource Recovery Facility; (2) Augusta, Georgia, all rights and interest to several parcels of land containing water and wastewater treatment plants at Fort Gordon, Georgia; and (3) the Southern California Edison Company all rights and interest to the electrical distribution system at Fort Irwin, California. Subtitle D: Other Matters - Authorizes the Secretary concerned to sell to a public or private utility company electricity generated from energy production facilities (currently, only from alternate energy or cogeneration production facilities) that are under the jurisdiction of such Secretary. (Sec. 2815) Requires water conservation savings and water costs of DOD to be included within a required DOD energy performance goal for FY 1991 through 2000. (Sec. 2816) Authorizes the Secretary of the Air Force to convey all rights and interest to the primate research laboratory at Holloman Air Force Base, as well as ownership of certain chimpanzees used in connection with such research, to the Coulston Foundation or another nonprofit entity determined appropriate by the Secretary. Requires the grantee to utilize the laboratory for scientific or medical research and provide adequate care for the chimpanzees. (Sec. 2817) Requires the Secretary to submit annual reports to specified congressional committees with respect to the acquisition of leasehold interests in land for use in special operations activities. (Sec. 2818) Authorizes the Secretary to carry out school facilities activities, including the construction of elementary and secondary schools on military installations, under provisions of Federal law allowing the provision of education by the Federal Government when local educational agencies are unable to provide adequate educational facilities.

Helium Act of 1995

United States · United States Congress · 1 May 1995

Helium Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. (Sec. 4) Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. States that such sales shall be in amounts as determined by the Secretary, in consultation with the helium industry, to cause minimum market disruption. Mandates that proceeds from helium sales be paid to the Treasury. (Sec. 5) Instructs the Secretary to: (1) review annually known domestic helium reserves; and (2) eliminate helium stockpiles by a prescribed deadline. (Sec. 6) Repeals the Secretary's authority to borrow under the Helium Act.

Providing for the consideration of the bill (H.R. 655) to authorize the hydrogen research, development, and demonstration programs of the Department of Energy, and for other purposes.

United States · United States Congress · 1 May 1995

Sets forth the open rule for consideration of H.R. 655 (hydrogen research, development, and demonstration programs).

Federal Power Act Amendments of 1996

United States · United States Congress · 27 April 1995

Federal Power Act Amendments of 1995 - Directs the Federal Energy Regulatory Commission (FERC) to: (1) extend, upon request of a certain licensee, the time required to commence construction of specified hydroelectric projects in the State of West Virginia; and (2) reinstate a previously issued license if it has expired before enactment of this Act. Authorizes FERC, upon request of a certain licensee, to extend for a maximum of three consecutive two-year periods the time required for commencement of construction of a certain hydroelectric project in Kentucky. Authorizes FERC, upon request of a certain licensee, to extend until May 31, 2001, the time required for commencement of construction of a certain hydroelectric project in Washington. Directs FERC to reinstate a certain hydroelectric license previously issued for a specified project in Oregon, and extend for four years from enactment of this Act the time required for commencement of construction. Authorizes FERC, upon request of a certain licensee, to extend for a maximum of three consecutive two-year periods the time required for commencement of construction of certain hydroelectric projects in Arkansas. Exempts from FERC licensing requirements certain transmission line facilities associated with the El Vado Hydroelectric Project in New Mexico. Amends the Federal Power Act to prescribe circumstances under which certain hydroelectric projects in Alaska having a power production capacity of 5,000 kilowatts or less shall be subject to the licensing authority of the State in lieu of the Federal Energy Regulatory Commission (FERC). Grants the licensee of a currently FERC-licensed project the discretion to subject such project to the State's authorizing authority. Subjects any State authorization for a project located on Federal lands to the approval of the Secretary with jurisdiction over such lands, and to such terms and conditions as that Secretary may prescribe. Declares that nothing shall preempt the application of Federal environment, natural, or cultural resources protection laws according to their terms. Excludes from FERC voluntary licensing jurisdiction any hydroelectric projects upon fresh waters in Hawaii, unless a license would be required because: (1) the waters are navigable; or (2) the projects affect interstate commerce, are located on Federal lands, or use water from a government dam.

National Defense Authorization Act for Fiscal Year 1996

United States · United States Congress · 27 April 1995

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

Military Construction Authorization Act for Fiscal Year 1996

United States · United States Congress · 27 April 1995

TABLE OF CONTENTS: Division B (sic): Military Construction Authorizations Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Base Closure and Realignment and Environment Subtitle C: Land Conveyance Subtitle D: Other Matters Division B (sic): Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1996 - Title XXI: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense (Secretary) to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to enter into agreements to construct, acquire, and improve family housing units at or near military installations for the purpose of encouraging private investments, in a specified amount. Authorizes the Secretary to improve existing military family housing units and to carry out certain energy conservation projects. Authorizes appropriations to the Department of Defense (DOD) for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program and authorizes appropriations for fiscal years after 1995 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1995 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in the preceding titles of this Act on October 1, 1998, or the date of enactment of an Act authorizing funds for military construction for FY 1999, whichever is later, with exceptions. Extends certain FY 1992 and 1993 military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Authorizes the Secretary of the military department concerned to sell military family housing which has deteriorated beyond economical repair, along with the land on which such housing is located. Requires notification to the appropriate congressional committees and a waiting period of 21 days after such notice. Requires sale proceeds to be deposited into military family housing accounts and used for their purposes. (Sec. 2802) Increases from 300 to 450 the number of units of family housing authorized to be leased in foreign countries for U.S. military family housing purposes. (Sec. 2803) Extends permanently the authority of the Secretary to increase the maximum square footage of military family housing units acquired for military personnel of certain pay grades when determined to be cost effective. (Sec. 2804) Authorizes the Secretary of any military department (currently, only the Navy) to enter into limited partnerships with private developers for the construction of military family housing at or near a military installation. Renames the Navy Housing Investment Account (used for partnership purposes) as the Defense Housing Investment Account. Terminates the Navy Housing Investment Board created to oversee such partnerships. Extends through FY 2000 the authority to enter into such partnerships. (Sec. 2805) Provides that certain cost increase limits with respect to military family housing construction projects do not apply to the settlement of a contractor claim. Subtitle B: Base Closure and Realignment and Environment - Amends the Defense Base Closure and Realignment Act of 1990 to allow funds in the Defense Environmental Restoration Account to be used in FY 1996 for environmental restoration activities for military installations approved for closure or realignment in 1995 under such Act. (Sec. 2808) Amends the Defense Authorization Amendments and Base Closure and Realignment Act as well as the above Act to authorize the Secretary to enter into agreements (currently, only contracts) with local governments for the provision of certain services (police, fire, airfield operations) at military installations to be closed under such Acts when determined to be in the best interests of DOD. (Sec. 2809) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA) to: (1) provide that certain environmental cleanup responsibilities of the United States with respect to Federal facilities transferred under such Act shall not apply to leases; and (2) authorize the Administrator of the Environmental Protection Agency or the governor of the affected State to defer such responsibilities upon determination that the property is suitable for transfer or upon assurance that releases caused by the United States will be otherwise addressed. Subtitle C: Land Conveyance - Authorizes the Secretary of the Army to convey to: (1) Burlington County, New Jersey, all rights and interest to the Fort Dix Resource Recovery Facility; (2) Augusta, Georgia, all rights and interest to several parcels of land containing water and wastewater treatment plants at Fort Gordon, Georgia; and (3) the Southern California Edison Company all rights and interest to the electrical distribution system at Fort Irwin, California. Subtitle D: Other Matters - Authorizes the Secretary concerned to sell to a public or private utility company electricity generated from energy production facilities (currently, only from alternate energy or cogeneration production facilities) that are under the jurisdiction of such Secretary. (Sec. 2815) Requires water conservation savings and water costs of DOD to be included within a required DOD energy performance goal for FY 1991 through 2000. (Sec. 2816) Authorizes the Secretary of the Air Force to convey all rights and interest to the primate research laboratory at Holloman Air Force Base, as well as ownership of certain chimpanzees used in connection with such research, to the Coulston Foundation or another nonprofit entity determined appropriate by the Secretary. Requires the grantee to utilize the laboratory for scientific or medical research and provide adequate care for the chimpanzees. (Sec. 2817) Requires the Secretary to submit annual reports to specified congressional committees with respect to the acquisition of leasehold interests in land for use in special operations activities. (Sec. 2818) Authorizes the Secretary to carry out school facilities activities, including the construction of elementary and secondary schools on military installations, under provisions of Federal law allowing the provision of education by the Federal Government when local educational agencies are unable to provide adequate educational facilities.

Defense Nuclear Waste Cleanup Privatization Act

United States · United States Congress · 7 April 1995

Defense Nuclear Waste Cleanup Privatization Act - Authorizes the Secretary of Energy to enter into one or more contracts with facilities located within 25 miles of a current or former Department of Energy (DOE) defense nuclear facility for the procurement of products and services to support waste cleanup and modernization activities at such nuclear facilities. Requires the Secretary to give preference to facilities that plan to hire, to the maximum extent practicable, residents in the vicinity of the defense nuclear facility who are employed or who have previously been employed by DOE or its private contractor at the facility. Prohibits any person from bringing a claim against a contractor or subcontractor for injury, cost, damage, illness, death, damage to property, or economic loss caused by a release of a hazardous contaminant during performance of the contract, unless such release or threatened release is caused by contractor or subcontractor negligence or intentional misconduct. Sets forth a six year statute of limitations for commencement of such actions. Directs the Secretary and contractors under the Secretary's supervision, in entering into a contract or subcontract with a private entity for products to be acquired or services to be performed at a qualifying DOE site, to give preference to an entity (otherwise qualified and within the competitive range) that plans to: (1) provide products and services originating from communities within 25 miles of the site; (2) avert, to the maximum extent practicable, the dismissal of DOE or private DOE contractor employees at the site and protect their continuity of service and benefits; (3) hire residents living in the site's vicinity to perform the contract (especially those previously employed by DOE or its contractor at the site); and (4) invest in value-added activities in the site's vicinity to mitigate adverse economic development impacts resulting from closure or restructuring of the site.

Propane Education and Research Act of 1996

United States · United States Congress · 7 April 1995

Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.

Department of Energy Laboratories Efficiency Improvement Act

United States · United States Congress · 7 April 1995

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

Electric Utility Ratepayer Act

United States · United States Congress · 6 April 1995

Electric Utility Ratepayer Act - Repeals a specified section of the Public Utility Regulatory Policies Act of 1978 requiring public utilities to offer to sell electricity to, and purchase electricity from, qualifying cogeneration and small power production facilities.

Federal Acquisition Improvement Act of 1995

United States · United States Congress · 4 April 1995

TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Procurement Protests Subtitle D: Policy, Definitions, and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Claims and Disputes Subtitle D: Miscellaneous Title III: Commercial Items Title IV: Simplified Acquisition Threshold Subtitle A: Threshold Defined Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold Subtitle C: Simplified Procedures Subtitle D: Micro-Purchase Procedures Title V: Acquisition Management Subtitle A: Pilot Programs Subtitle B: Miscellaneous Title VI: Other Procurement-Related Matters Subtitle A: Standards of Conduct/Ethics Subtitle B: Additional Amendments Subtitle C: Intellectual Property Title VII: Small Business and Socioeconomic Laws Subtitle A: Small Business Laws Subtitle B: Socioeconomic Laws Title VIII: Defense International Trade Federal Acquisition Improvement Act of 1995 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: Armed Services Acquisitions - Subpart A: Competition Requirements - Amends Federal armed services law to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1002) Modifies approval levels for contracts. (Sec. 1003) Defines advisory and assistance services. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1012) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1013) Provides for pre-award debriefings of excluded offerors. (Sec. 1014) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations, as well as specified provisions relating to architectural and engineering services and employment of outside architects and engineers. Revises provisions applicable to contracts for architectural and engineering services and construction design. Part II: Civilian Agency Acquisitions - Subpart A: Competition Requirements - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1052) Modifies approval levels for contracts. (Sec. 1053) Defines advisory and assistance services. (Sec. 1054) Allows justification for use of noncompetitive procedures in order to provide for continued occupancy of leased space. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1062) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1063) Provides for pre-award debriefings of excluded offerors. (Sec. 1064) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations. Part III: Acquisitions Generally - Repeals a Small Business Act provision for duplicative approval authority. Repeals provisions under the Office of Federal Procurement Policy Act for an annual competitive report, a review of regulations for consistency with Federal acquisition regulation, and a biannual report on procurement regulatory activity. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends Federal armed services law relating to truth in negotiations for armed services acquisitions to revise certain required regulations. Part II: Civilian Agency Acquisitions - Amends FPASA provisions relating to truth in negotiations for civilian agency acquisitions to revise certain required regulations. Revises provisions relating to the status of certain Federal employees' health benefits contracts. Subtitle C: Procurement Protests - Part I: Protests to the Comptroller General - Amends Federal law relating to money and finance to revise requirements that the Comptroller General rule on dispositive motions with respect to protests. (Sec. 1202) Adds provisions relating to frivolous protests. (Sec. 1203) Revises requirements relating to decisions on protests. (Sec. 1204) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official and tolls protest stay periods during pendency of agency review. (Sec. 1205) Provides for availability of funds following resolution of a formal protest or any administrative or judicial challenge. Part II: Protests in the Federal Courts - Amends Federal law relating to the judiciary and judicial procedure to give the U.S. Court of Federal Claims exclusive judicial jurisdiction of federal contract bid protests. Amends Federal law relating to money and finance to declare that specified provisions do not give the Comptroller General exclusive jurisdiction over protests nor affect the right of any interested party to file a protest with the contracting agency or an action in the U.S. Court of Federal Claims. Part III: Protests in Procurement of Automatic Data Processing - Amends FPASA to revise requirements relating to decisions on protests, and to add provisions relating to interlocutory appeals, suspension of procurement pending protest, dispositive motions, and frivolous protests. (Sec. 1436) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official, and tolls protest stay periods during pendency of agency review. Part IV: General - Amends the Office of Federal Procurement Policy Act (OFPPA) to add provisions regarding: (1) protests of procurements made through the Federal acquisition computer network under the simplified acquisition threshold; and (2) offeror statements to refrain from protesting procurements. (Sec. 1443) Expresses the sense of the Congress that executive agencies should consider the establishment of their own administrative remedial procedures for the resolution of protests, and that protest stay periods should be tolled during the pendency of such procedures. Subtitle D: Policy, Definitions, and Other Matters - Amends FPASA to: (1) repeal a multi-year limitation on inspection, maintenance, and repair; (2) authorize the Administrator of the General Services Administration to accept and pay for public utility services under a tariff at the lowest applicable rates, without entering into a contract; and (3) make specified funds available for procurement by contract for services of guards, elevator operators, messengers, and custodians without limitation. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Amends Federal armed services law to add provisions for vestiture of title with respect to acquisitions. Part II: Civilian Agency Acquisitions - Amends FPASA to add provisions for vestiture of title with respect to acquisitions. Subtitle B: Cost Principles - Part I: Civilian Agency Acquisitions - Amends FPASA to make certain contracts for health benefits for Federal employees covered contracts for purposes of applicability of allowable cost principles. Part II: Acquisitions Generally - Directs the Federal Acquisition Registry to identify those costs incurred with respect to a protest that are unallowable under covered contracts. Subtitle C: Claims and Disputes - Amends Federal law relating to the judiciary and judicial procedures to divest Federal district courts of jurisdiction for Federal contract disputes subject to the Contract Disputes Act of 1978. (Sec. 2252) Amends the Contract Disputes Act of 1978 to reduce from 12 months to 90 days the period for a contractor's filing for an action directly on the claim in the U.S. Court of Federal Claims (in lieu of appealing the contracting officer's decision to an agency board). Subtitle D: Miscellaneous - Amends Federal law relating to money and finance to eliminate specified provisions relating to accounting for advisory and assistance services. Waives cancellation of funding for: (1) satellite on-orbit incentive fees; and (2) Navy and other Government shipbuilding and conversion. Title III: Commercial Items - Amends OFPPA to revise a definition of commercial items. Title IV: Simplified Acquisition Threshold - Subtitle A: Threshold Defined - Amends OFPPA to define simplified acquisition threshold as: (1) $100,000; or (2) $1 million for the acquisition of services, including construction, when the procurement is conducted as a small business set-aside and if supply items are expected to constitute less than 20 percent of the total value of the contract. Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold - Repeals a provision of the Federal Acquisition Streamlining Act of 1994 relating to inapplicability of certain laws (the Miller Act) to acquisitions at or below the simplified acquisition threshold. Subtitle C: Simplified Procedures - Amends OFPPA to: (1) repeal provisions for duplicative authority for simplified acquisition purchases; (2) conform procurement notice posting thresholds; and (3) provide exemptions from a wait period when using a detailed synopsis and from synopsizing requirements. (Sec. 4205) Repeals a duplicative procurement notice provision under the Small Business Act. Subtitle D: Micro-Purchase Procedures - Amends OFPPA to authorize purchases not greater than $2,500 without obtaining competitive quotations if the purchase price is considered reasonable (removing a requirement for contracting officer determination of this). Title V: Acquisition Management - Subtitle A: Pilot Programs - Amends OFPPA to replace provisions for tests of innovative procurement methods and procedures with provisions for acquisition research demonstration projects in the form of agency test programs to determine whether a specified change in acquisition policies or procedures would result in improved Federal acquisition management. Subtitle B: Miscellaneous - Amends the Department of Energy Organization Act to revise certain administrative procedures. Title VI: Other Procurement-Related Matters - Subtitle A: Standards of Conduct/Ethics - Amends OFPPA to repeal specified provisions relating to procurement integrity. Adds provisions relating to penalties and administrative actions for cases of disclosing and obtaining contractor bid or proposal information or source selection information. Subtitle B: Additional Amendments - Amends Federal armed services law with respect to the inapplicability of a prohibition on gratuities. Subtitle C: Intellectual Property - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to revise provisions for cooperative research and development agreements. Adds provisions for Federal agencies to negotiate licensing agreements for copyrights owned by, or voluntarily assigned to, the Government. (Sec. 6101) Adds provisions for Federal agency claims of copyright of certain computer programs. Revises provisions for distribution of royalties received by Federal agencies. (Sec. 6102) Revises employee activities provisions to authorize Federal agencies to allow Government employee authors of computer programs to acquire title to copyright, subject to certain conditions. (Sec. 6103) Amends Federal copyright law to provide an exception to the prohibition on copyright protection for works of the Federal Government. (Sec. 6104) Amends Federal patent law to revise provisions relating to patent rights in inventions made with Federal assistance. Title VII: Small Business and Socioeconomic Laws - Subtitle A: Small Business Laws - Amends the Small Business Act to add provisions relating to direct contracting with certain program participant companies and to small business subcontracting plans, and to revise a reporting requirement on the number of small business subcontract awards. (Sec. 7004) Repeals: (1) the Small Business Competitiveness Demonstration Program Act of 1988; (2) a program for manufacturing contracts through manufacturing application and education centers; and (3) a pilot program for very small business concerns. Subtitle B: Socioeconomic Laws - Repeals the Walsh-Healey Act (relating to public contracts). (Sec. 7102) Amends the Resource Conservation and Recovery Act to: (1) revise provisions relating to biennial reports on Federal procurement; and (2) remove certain provisions relating to requirements for certification and verification. Title VIII: Defense International Trade - Amends Federal law relating to arms export control and foreign military sales authorizations with respect to U.S. companies' competitiveness and the reduction or waiver of certain charges.

Federal Acquisition Improvement Act of 1995

United States · United States Congress · 4 April 1995

TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Procurement Protests Subtitle D: Policy, Definitions, and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Claims and Disputes Subtitle D: Miscellaneous Title III: Commercial Items Title IV: Simplified Acquisition Threshold Subtitle A: Threshold Defined Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold Subtitle C: Simplified Procedures Subtitle D: Micro-Purchase Procedures Title V: Acquisition Management Subtitle A: Pilot Programs Subtitle B: Miscellaneous Title VI: Other Procurement-Related Matters Subtitle A: Standards of Conduct/Ethics Subtitle B: Additional Amendments Subtitle C: Intellectual Property Title VII: Small Business and Socioeconomic Laws Subtitle A: Small Business Laws Subtitle B: Socioeconomic Laws Title VIII: Defense International Trade Federal Acquisition Improvement Act of 1995 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: Armed Services Acquisitions - Subpart A: Competition Requirements - Amends Federal armed services law to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1002) Modifies approval levels for contracts. (Sec. 1003) Defines advisory and assistance services. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1012) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1013) Provides for pre-award debriefings of excluded offerors. (Sec. 1014) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations, as well as specified provisions relating to architectural and engineering services and employment of outside architects and engineers. Revises provisions applicable to contracts for architectural and engineering services and construction design. Part II: Civilian Agency Acquisitions - Subpart A: Competition Requirements - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1052) Modifies approval levels for contracts. (Sec. 1053) Defines advisory and assistance services. (Sec. 1054) Allows justification for use of noncompetitive procedures in order to provide for continued occupancy of leased space. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1062) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1063) Provides for pre-award debriefings of excluded offerors. (Sec. 1064) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations. Part III: Acquisitions Generally - Repeals a Small Business Act provision for duplicative approval authority. Repeals provisions under the Office of Federal Procurement Policy Act for an annual competitive report, a review of regulations for consistency with Federal acquisition regulation, and a biannual report on procurement regulatory activity. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends Federal armed services law relating to truth in negotiations for armed services acquisitions to revise certain required regulations. Part II: Civilian Agency Acquisitions - Amends FPASA provisions relating to truth in negotiations for civilian agency acquisitions to revise certain required regulations. Revises provisions relating to the status of certain Federal employees' health benefits contracts. Subtitle C: Procurement Protests - Part I: Protests to the Comptroller General - Amends Federal law relating to money and finance to revise requirements that the Comptroller General rule on dispositive motions with respect to protests. (Sec. 1202) Adds provisions relating to frivolous protests. (Sec. 1203) Revises requirements relating to decisions on protests. (Sec. 1204) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official and tolls protest stay periods during pendency of agency review. (Sec. 1205) Provides for availability of funds following resolution of a formal protest or any administrative or judicial challenge. Part II: Protests in the Federal Courts - Amends Federal law relating to the judiciary and judicial procedure to give the U.S. Court of Federal Claims exclusive judicial jurisdiction of federal contract bid protests. Amends Federal law relating to money and finance to declare that specified provisions do not give the Comptroller General exclusive jurisdiction over protests nor affect the right of any interested party to file a protest with the contracting agency or an action in the U.S. Court of Federal Claims. Part III: Protests in Procurement of Automatic Data Processing - Amends FPASA to revise requirements relating to decisions on protests, and to add provisions relating to interlocutory appeals, suspension of procurement pending protest, dispositive motions, and frivolous protests. (Sec. 1436) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official, and tolls protest stay periods during pendency of agency review. Part IV: General - Amends the Office of Federal Procurement Policy Act (OFPPA) to add provisions regarding: (1) protests of procurements made through the Federal acquisition computer network under the simplified acquisition threshold; and (2) offeror statements to refrain from protesting procurements. (Sec. 1443) Expresses the sense of the Congress that executive agencies should consider the establishment of their own administrative remedial procedures for the resolution of protests, and that protest stay periods should be tolled during the pendency of such procedures. Subtitle D: Policy, Definitions, and Other Matters - Amends FPASA to: (1) repeal a multi-year limitation on inspection, maintenance, and repair; (2) authorize the Administrator of the General Services Administration to accept and pay for public utility services under a tariff at the lowest applicable rates, without entering into a contract; and (3) make specified funds available for procurement by contract for services of guards, elevator operators, messengers, and custodians without limitation. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Amends Federal armed services law to add provisions for vestiture of title with respect to acquisitions. Part II: Civilian Agency Acquisitions - Amends FPASA to add provisions for vestiture of title with respect to acquisitions. Subtitle B: Cost Principles - Part I: Civilian Agency Acquisitions - Amends FPASA to make certain contracts for health benefits for Federal employees covered contracts for purposes of applicability of allowable cost principles. Part II: Acquisitions Generally - Directs the Federal Acquisition Registry to identify those costs incurred with respect to a protest that are unallowable under covered contracts. Subtitle C: Claims and Disputes - Amends Federal law relating to the judiciary and judicial procedures to divest Federal district courts of jurisdiction for Federal contract disputes subject to the Contract Disputes Act of 1978. (Sec. 2252) Amends the Contract Disputes Act of 1978 to reduce from 12 months to 90 days the period for a contractor's filing for an action directly on the claim in the U.S. Court of Federal Claims (in lieu of appealing the contracting officer's decision to an agency board). Subtitle D: Miscellaneous - Amends Federal law relating to money and finance to eliminate specified provisions relating to accounting for advisory and assistance services. Waives cancellation of funding for: (1) satellite on-orbit incentive fees; and (2) Navy and other Government shipbuilding and conversion. Title III: Commercial Items - Amends OFPPA to revise a definition of commercial items. Title IV: Simplified Acquisition Threshold - Subtitle A: Threshold Defined - Amends OFPPA to define simplified acquisition threshold as: (1) $100,000; or (2) $1 million for the acquisition of services, including construction, when the procurement is conducted as a small business set-aside and if supply items are expected to constitute less than 20 percent of the total value of the contract. Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold - Repeals a provision of the Federal Acquisition Streamlining Act of 1994 relating to inapplicability of certain laws (the Miller Act) to acquisitions at or below the simplified acquisition threshold. Subtitle C: Simplified Procedures - Amends OFPPA to: (1) repeal provisions for duplicative authority for simplified acquisition purchases; (2) conform procurement notice posting thresholds; and (3) provide exemptions from a wait period when using a detailed synopsis and from synopsizing requirements. (Sec. 4205) Repeals a duplicative procurement notice provision under the Small Business Act. Subtitle D: Micro-Purchase Procedures - Amends OFPPA to authorize purchases not greater than $2,500 without obtaining competitive quotations if the purchase price is considered reasonable (removing a requirement for contracting officer determination of this). Title V: Acquisition Management - Subtitle A: Pilot Programs - Amends OFPPA to replace provisions for tests of innovative procurement methods and procedures with provisions for acquisition research demonstration projects in the form of agency test programs to determine whether a specified change in acquisition policies or procedures would result in improved Federal acquisition management. Subtitle B: Miscellaneous - Amends the Department of Energy Organization Act to revise certain administrative procedures. Title VI: Other Procurement-Related Matters - Subtitle A: Standards of Conduct/Ethics - Amends OFPPA to repeal specified provisions relating to procurement integrity. Adds provisions relating to penalties and administrative actions for cases of disclosing and obtaining contractor bid or proposal information or source selection information. Subtitle B: Additional Amendments - Amends Federal armed services law with respect to the inapplicability of a prohibition on gratuities. Subtitle C: Intellectual Property - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to revise provisions for cooperative research and development agreements. Adds provisions for Federal agencies to negotiate licensing agreements for copyrights owned by, or voluntarily assigned to, the Government. (Sec. 6101) Adds provisions for Federal agency claims of copyright of certain computer programs. Revises provisions for distribution of royalties received by Federal agencies. (Sec. 6102) Revises employee activities provisions to authorize Federal agencies to allow Government employee authors of computer programs to acquire title to copyright, subject to certain conditions. (Sec. 6103) Amends Federal copyright law to provide an exception to the prohibition on copyright protection for works of the Federal Government. (Sec. 6104) Amends Federal patent law to revise provisions relating to patent rights in inventions made with Federal assistance. Title VII: Small Business and Socioeconomic Laws - Subtitle A: Small Business Laws - Amends the Small Business Act to add provisions relating to direct contracting with certain program participant companies and to small business subcontracting plans, and to revise a reporting requirement on the number of small business subcontract awards. (Sec. 7004) Repeals: (1) the Small Business Competitiveness Demonstration Program Act of 1988; (2) a program for manufacturing contracts through manufacturing application and education centers; and (3) a pilot program for very small business concerns. Subtitle B: Socioeconomic Laws - Repeals the Walsh-Healey Act (relating to public contracts). (Sec. 7102) Amends the Resource Conservation and Recovery Act to: (1) revise provisions relating to biennial reports on Federal procurement; and (2) remove certain provisions relating to requirements for certification and verification. Title VIII: Defense International Trade - Amends Federal law relating to arms export control and foreign military sales authorizations with respect to U.S. companies' competitiveness and the reduction or waiver of certain charges.

Comprehensive Economic and Environmental Recovery Act of 1995

United States · United States Congress · 3 April 1995

TABLE OF CONTENTS: Title I: Voluntary Environmental Cleanup Title II: National Environmental Business Development Program Title III: National Environmental Response, Remediation, and Restoration Training Programs Subtitle A: National Environmental Response Training Program Subtitle B: National Environmental Remediation and Restoration Training Program Title IV: National Environment-Related Employment Program Comprehensive Economic and Environmental Recovery Act of 1995 - Title I: Voluntary Environmental Cleanup - Authorizes innocent landowners or responsible owners to submit cleanup plans for affected sites to the Administrator of the Environmental Protection Agency for approval. Defines: (1) an "affected site" as a facility that has environmental contamination that could prevent its use, development, reuse, or redevelopment and is limited in scope and can be comprehensively characterized and readily analyzed; (2) an "innocent landowner" as a person who intends to own or who owns an affected site and did not contribute to any contamination or the release of hazardous substances; and (3) a "responsible owner" as a person who owns an affected site on which industrial activities take place. Establishes a Cleanup Loan Fund to provide funding to persons undertaking the development and implementation of approved cleanup plans. Requires liens in favor of the United States to arise on contaminated property subject to a loan. Authorizes civil actions to enforce loan agreements. Provides for the annual transfer of a specified amount of funds from the Hazardous Substance Superfund to the Cleanup Loan Fund. Amends the Internal Revenue Code to include within the tax deduction allowed for trade and business expenses all amounts paid or incurred in preparing and implementing cleanup plans. Title II: National Environmental Business Development Program - Exempts wages paid to an owner-employee (any employee who is a principal shareholder) of an employer which is a new environmental business from social security taxes. Makes such exemption inapplicable to amounts after the first $100,000 paid to such employee. Defines a "new environmental business" as any corporation which: (1) is a small business concern; (2) meets requirements similar to those under the Internal Revenue Code for targeted urban areas; (3) is a new business for the calendar year; and (4) during such year, trains and certifies environmental response employees and emergency responders, employs such individuals, or performs environmental assessments, remediation, or restoration. Provides for a similar exemption from social security taxes for self-employed new environmental businesses. Terminates such exemptions after 2000. Title III: National Environmental Response, Remediation, and Restoration Training Programs - Subtitle A: National Environmental Response Training Program - Directs the Secretary of Labor to establish a National Environmental Response Training Program for purposes of: (1) training and certifying targeted urban area residents who are unemployed and underemployed to become environmental response employees and emergency responders; and (2) providing grants to environmental training providers. Requires the Secretaries of Labor and Education to develop an academic or work-site experience curriculum cooperatively with local educational agencies to enable 11th and 12th grade students to become environmental response employees or emergency responders. Provides for grants to communities for purposes of implementing such curriculum. Subtitle B: National Environmental Remediation and Restoration Training Program - Directs the Administrator to establish an education and training program in qualified institutions of higher education to enable qualified individuals to acquire career training in environmental engineering, environmental sciences, or environmental project management as it relates to hazardous waste response, cleanup, and restoration. Makes eligible for such program persons who have a high school diploma or its equivalence, are enrolled in or accepted into a qualified institution of higher education, and reside in targeted areas. Directs the Secretaries of Defense and Energy and the Administrator to provide grants to qualified institutions of higher education, subject to certain conditions. Requires such institutions to use such funds for purposes of establishing consortium programs to provide education and training in environmental restoration to qualified individuals. Title IV: National Environment-Related Employment Program - Requires Federal agencies authorized to award contracts to carry out environmental or emergency response to give preference to firms that: (1) meet the requirements of the contract; (2) are located in a targeted urban area; and (3) have a payroll in which at least 25 percent of their certified environmental response employees and responders reside in a targeted urban area or, in cases where availability of certified environmental response employees and responders does not allow firms to comply, actively participate in a youth apprenticeship program.

Telecommunications Act of 1996

United States · United States Congress · 30 March 1995

TABLE OF CONTENTS: Title I: Transition to Competition Title II: Removal of Restrictions to Competition Subtitle A: Removal of Restrictions Subtitle B: Termination of Modification of Final Judgement Title III: An End to Regulation Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities Telecommunications Competition and Deregulation Act of 1995 - Title I: Transition to Competition - Amends the Communications Act of 1934 (the Act) to require a local telephone exchange carrier (or class of such carriers) that is determined by the Federal Communications Commission (FCC) to have market power in providing telephone exchange service or telephone exchange access service to: (1) enter into good faith negotiations within 15 days with any telecommunications carrier requesting interconnection with the telephone exchange carrier in order to provide telephone exchange or exchange access service; and (2) provide such interconnection at reasonable, nondiscriminatory rates and in accordance with requirements of this title. Provides minimum standards for any interconnection agreement entered into, including nondiscriminatory access and high-quality interconnection between the carriers. Allows a local exchange carrier, upon receiving a request for interconnection, to negotiate and enter into a binding agreement with the telecommunications carrier without regard to such standards, as long as such agreement: (1) includes a schedule of itemized charges for each service, facility, or function included; and (2) is submitted to the State for approval. Provides for agreement: (1) arbitration by a State at any time during negotiations; and (2) intervention by a State when more than 135 days have passed since the original intervention request. Outlines duties and rights of parties in an intervention proceeding, including the duty to provide all appropriate information and the opportunity to respond. Requires the State proceeding to be conducted in accordance with rules promulgated by the FCC. Requires the State action to be completed no later than 10 months after the date on which the local exchange carrier received the original interconnection request. Outlines provisions concerning: (1) the determination during arbitration or intervention of the charges by the local exchange carrier for an unbundled (no unreasonable conditions on resale or sharing) element of the interconnection; (2) State approval or rejection of an interconnection agreement; (3) the required availability of an interconnection agreement to other telecommunications carriers on the same terms and conditions; (4) the collocation of equipment necessary for interconnection at the premises of the carrier at reasonable charges; (5) FCC promulgation of implementing regulations; (6) FCC authority to act if a State fails to carry out its arbitration or intervention responsibilities; (7) waiver or modification by the FCC or a State of minimum interconnection standards with respect to a rural telephone company; and (8) a State's authority to impose requirements on a telecommunications carrier for intrastate services to further competition in telephone exchange service or exchange access service. (Sec. 102) Prohibits a Bell operating company (BOC)(including any subsidiary and affiliate) which provides telephone exchange service from providing information services, manufacturing services, or interLATA (local access and transport area) services (with exceptions), unless it provides that service through a subsidiary that: (1) is separate from any BOC entity that provides telephone exchange service; and (2) meets specified structural and transactional requirements, such as books, records, officers, directors and employees separate from the BOC. Prohibits any discrimination between a BOC, its subsidiary or affiliate, and any other entity in the provision of goods, services, facilities, and information or in the establishment of standards. Prohibits a BOC subsidiary from marketing or selling telephone exchange services provided by the BOC unless that company permits other entities offering the same or similar services to market and sell its telephone exchange services. Outlines additional requirements for the provision of interLATA services by a BOC. Requires each BOC and its subsidiary or affiliate to protect the confidentiality of proprietary information relating to other common carriers, equipment manufacturers, and customers, with certain exceptions such as bill collection. Authorizes the FCC to grant an exception from any requirement of this section when determined necessary for the public interest, convenience, and necessity. Requires public utility companies which are registered holding companies that provide telecommunications services to provide such service through a separate subsidiary. Directs each State to determine whether public utility companies in their State which provide such service but are not registered holding companies will be required to provide such service through a separate subsidiary. (Sec. 103) Directs the FCC to institute and refer to a Federal- State joint board a proceeding to recommend rules regarding the implementation of provisions with regard to universal service (intra- and inter-state telecommunications services that the FCC determines should be provided at reasonable rates to all Americans, including those in rural and high-cost areas and those with disabilities). Requires the periodic (at least every four years) review of such implementation. Provides Joint Board and FCC deadlines with regard to the provision and implementation of appropriate recommendations. Requires the Joint Board and the FCC to base policies for the preservation and enhancement of universal service on specified principles, including quality services, affordable rates, and access in all regions of the country. Requires all telecommunications providers to contribute in the advancement of universal service. Prohibits telecommunications carriers from subsidizing competitive services with revenues from services that are not competitive. (Sec. 104) Directs the FCC (in the case of interstate service) or a State (in the case of intrastate service), when more than one telecommunications carrier serves a geographic area, to determine which carrier is best able to provide universal service to the community and to designate that carrier as an essential telecommunications carrier (ETC) for that community. Sets forth ETC obligations in the provision of such service. Allows multiple ETC designations for an area. Directs the FCC or a State, as appropriate, to establish rules for the resale of universal service, requiring the carrier whose facilities are being resold to be adequately compensated for their use. Allows, under specified rules, an ETC to relinquish such designation if another ETC is designated for the same area. Provides for: (1) enforcement proceedings against an ETC refusing to provide appropriate universal service; and (2) the designation of an ETC for interexchange services for any unserved community or portion thereof requesting such services. (Sec. 105) Makes provisions of the Act prohibiting foreign investment and ownership in telecommunications licenses, facilities, and equipment inapplicable to foreign representatives when the FCC determines that the foreign country of such representative provides equivalent market opportunities for common carriers to the United States or its citizens. Repeals such exemption when such equal opportunity ceases. (Sec. 106) Directs the FCC to prescribe regulations that require certain local telephone exchange carriers to make available to any qualifying carrier (an ETC) such public switched network infrastructure, technology, information, and telecommunications facilities and functions as may be requested for the provision of telecommunications services, or access to such services, in the service area of an ETC. Requires a local exchange carrier entering into an agreement under this section to provide to each party of the agreement timely information on the planned deployment of telecommunications services and equipment, including necessary software. Title II: Removal of Restrictions to Competition - Subtitle A: Removal of Restrictions - Amends the Act to prohibit any State or local statute or regulation from prohibiting the ability of any entity to provide any interstate or intrastate telecommunications services. Authorizes the FCC to immediately preempt the enforcement of any statute that is found to so interfere. Protects the rights of any cable operator engaged in the provision of telecommunications services, prohibiting any franchise or additional conditions from being imposed on such operator for such services. (Sec. 202) Authorizes a State, under certain conditions, to require a direct-to-home satellite service provider who is subject to the personal jurisdiction of the State to collect and remit a State and local sales tax with respect to the provision of such services. Provides nondiscrimination provisions. Exempts the direct-to-home satellite service from other local taxes or fees for such services. (Sec. 203) Provides that any telecommunications carrier, including a BOC, which carries or provides video programming provided by others through a common carrier video platform shall not be considered a cable operator providing cable service and therefore shall not be subject to certain cross-ownership restrictions under the Act. Requires BOCs, in order to receive such exemption, to: (1) provide facilities, services, or information to all programmers on the same terms and conditions as provided to its own video programming operations; and (2) not subsidize its video programming with revenues from its telecommunications services. Outlines provisions concerning rates, access, and certain procedural safeguards (through FCC regulations) and enforcement provisions with respect to the provision of video programming through a common carrier video platform. (Sec. 204) Authorizes the FCC to consider a rate for cable programming services as unreasonable only if it substantially exceeds the national average rate for comparable services. Includes as "effective competition" under the Act a situation where a local exchange carrier offers video programming services directly to subscribers, either over a common carrier video platform or as a cable operator, in the franchise area of an unaffiliated cable operator which is also providing cable service in that franchise area. (Sec. 205) Authorizes a cable television system to use utility pole attachments to provide cable service or any other telecommunications service. Requires a utility owning a pole to provide a cable television system with nondiscriminatory access to such pole for such purposes. Directs the FCC to prescribe regulations to ensure that such utilities charge just, reasonable, and nondiscriminatory rates for such pole attachments. (Sec. 206) Authorizes any utility and its subsidiary or affiliate (other than a public utility holding company that is an associate company of a registered holding company) to engage in any activity necessary or appropriate for the provision of telecommunications services, information services, or other services or products subject to FCC jurisdiction under the Act. Prohibits the Securities and Exchange Commission from regulating such activities. Allows the Federal Energy Regulatory Commission or a State commission to exercise its authority to prohibit the cross-subsidization of such activities. Requires the maintenance of separate books and accounts with regard to such activities by any subsidiary or affiliate that is an associated company of a registered holding company. Allows for independent audits, upon State request, of such subsidiaries or affiliates with respect to such activities. (Sec. 207) Authorizes the FCC, under certain conditions, to allow licensees to make use of the advanced television spectrum for the transmission of ancillary or supplementary services. Authorizes the FCC to collect fees for the use of such spectrum from licensees that charge subscribers for advanced television spectrum services. Requires such licensee to establish that such services are in the public interest. Increases from 25 to 35 percent the amount of national audience a single broadcast licensee may reach. Increases the term of license renewal for television licenses from five to ten years and for radio licenses from seven to ten years. Revises the broadcast license renewal procedures to allow such renewal if the FCC finds that: (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations by the licensee of the Act or FCC rules and regulations; and (3) there have been no other violations which, taken together, would constitute a pattern of abuse. Subtitle B: Termination of Modification of Final Judgment - Establishes the criteria to be used by the FCC to determine when a BOC may provide interLATA services in the region in which it is the dominant provider of wireless telephone exchange service or exchange access service. Allows such BOC to provide such services only if it has reached an interconnection agreement which meets the requirements of a competitive checklist, including nondiscriminatory access to specified services. States that, until a BOC is authorized to provide interLATA services in a telephone exchange area, a telecommunications carrier may not jointly market telephone exchange or exchange access service purchased from such a BOC with interexchange services offered by that telecommunications carrier. Prohibits the FCC from limiting or extending the requirements of the competitive checklist. Outlines provisions concerning: (1) a BOC application for the provision of interLATA services in an appropriate area; (2) FCC determination and approval of such application and publication of results in the Federal Register; and (3) judicial review and judgment with respect to an approval. Requires a BOC granted such approval to provide interLATA toll dialing parity throughout the market area coincident with its exercise of authority. Authorizes a BOC or its subsidiary or affiliate to provide interLATA services in an area where it is not the dominant provider of telephone exchange or exchange access services upon the date of enactment of this Act. Authorizes such BOC to provide certain incidental services, with limitations. Provides that a person engaged in the provision of commercial mobile services shall not be required to provide equal access to interexchange telecommunications carriers unless required to do so under the Act. (Sec. 222) Provides that a BOC authorized to provide interLATA services under this Act shall be authorized by the FCC to: (1) manufacture and provide telecommunications equipment; and (2) manufacture customer premises equipment, subject to specified requirements and related regulations. Requires such manufacturing to be carried out through a separate subsidiary or affiliate of such BOC, with appropriate requirements of separation (books, accounts, officers, and employees) maintained. Requires a manufacturing subsidiary of a BOC to make available to local exchange carriers telecommunications equipment and related software that is manufactured by such subsidiary as long as there is demand for such equipment. Prohibits a BOC from discriminating among such local exchange carriers with respect to bids for services or equipment, the standards or certification of equipment, or the sale of telecommunications equipment and software. Requires the protection of proprietary information. Allows a BOC to engage in close collaboration with manufacturers of customer premises or telecommunications equipment not affiliated with a BOC during the design and development of equipment hardware and software. Provides for the administration and enforcement of such requirements through FCC regulations and appropriate civil actions. (Sec. 223) States that nothing in this Act is intended to prohibit a BOC from engaging in any activity authorized by an order pursuant to the Modification of Final Judgment, if such order was entered on or before the date of enactment of this Act. (Sec. 224) Provides specific penalties for violations of provisions of this Act relating to interconnection authority, separate subsidiary and safeguard requirements, and the authority of a BOC to provide interLATA telecommunications services. (Sec. 225) Authorizes a BOC to provide alarm monitoring services three years after the date of enactment of this Act if the BOC has been authorized by the FCC to provide interLATA services. Requires the FCC to establish rules governing the provision of such services by a BOC. Provides an exception to the three-year waiting requirement in the case of alarm monitoring services provided by a BOC that was engaged in the provision of such services as of December 31, 1994, as long as certain conditions are met. Title III: An End to Regulation - Directs the FCC and the States to: (1) provide telecommunications carriers with pricing flexibility in the rates charged to consumers for telecommunications services; (2) ensure that residential telephone rates remain just, reasonable, and affordable as competition develops for telephone exchange service and telephone exchange access service; and (3) adopt alternative forms of regulation for Tier 1 telecommunications carriers as part of a plan that includes the advancement of competition and other measures designed to protect the consumer. Authorizes the FCC and the States to establish: (1) rates for services included within universal service; and (2) a residential telephone rate where only a single carrier provides such service in a market, but to cease such rate regulation when determined no longer necessary for the protection of consumers. Provides for a transition plan. Requires local telephone exchange carriers to provide subscriber list information to anyone, upon request, on a timely, unbundled, and nondiscriminatory basis. (Sec. 302) Directs the FCC (with respect to Federal regulations) and a Federal-State Joint Board (with respect to State regulations) to biennially review and make appropriate determinations with respect to all regulations applicable to telecommunications services. (Sec. 303) Authorizes the FCC, upon making certain determinations, to forbear from applying any regulation or provision of the Act to a telecommunications carrier or service in any or some of their geographic markets. Requires the FCC, within those determinations, to consider whether such forbearance will promote competitive market conditions. (Sec. 304) Requires the FCC and each State telecommunications commission to encourage the deployment of advanced telecommunications capability to all Americans. Requires the FCC to regularly initiate a notice of inquiry concerning such availability. (Sec. 305) Directs the FCC to undertake the termination or modification of regulations and provisions of the Act as necessary to implement the changes made under this Act. (Sec. 306) Provides that any ship documented under U.S. laws operating under the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio telegraphy station operated by one or more radio officers or operators. (Sec. 307) Requires local exchange carriers to make available: (1) interim telecommunications number portability beginning on the date of enactment of this Act; and (2) final number portability when the FCC determines such to be technically feasible. Requires the neutral administration of a nationwide numbering system, with costs to be borne by all telecommunications carriers. (Sec. 308) Requires the manufacturer of telecommunications and customer premises equipment or a provider of telecommunications service to ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. Sets forth standards. Requires closed captioning when readily achievable. Provides exemptions from such requirements. Provides for: (1) studies; (2) regulations; and (3) enforcement. (Sec. 309) Prohibits a State, except for the adoption of specified minimally restrictive statutes or regulations, from waiving or modifying the requirements of this Act concerning interconnection agreements. Authorizes the FCC to preempt any State statute or regulation found to be inconsistent with FCC regulations or unreasonably discriminatory in their application. (Sec. 310) Requires designated ETCs, upon request, to provide at affordable and reasonable rates: (1) telecommunications services necessary for the provision of health care services to persons residing in rural areas; and (2) universal service to elementary and secondary schools and libraries for the provision or receipt of educational services. Directs the FCC to establish rules for the enhancement of the availability of advanced telecommunications and information services to elementary and secondary school classrooms, health care providers, and libraries. Requires appropriate interconnection. (Sec. 311) Prohibits any BOC that provides payphone or telemessaging service from: (1) subsidizing such services with revenues from its telephone exchange or exchange access service; or (2) preferring or discriminating in favor of its payphone or telemessaging service. Requires implementing regulations. Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities - Communications Decency Act of 1995 - Amends the Act to prohibit the use of any telecommunications device (currently, only the telephone) by a person not disclosing his or her identity in order to annoy, abuse, threaten, or harass any person. Prohibits the repeated use of a telecommunications device solely for harassment purposes. Prohibits a person from allowing the use of any telecommunications facility (currently, telephone facility) in his or her control for such purposes. Prohibits the use of a telecommunication device (currently, telephone) for making indecent communications for commercial purposes to children under age 18. Increases the fine and maximum sentence for such violations. Provides defenses to such violations, including one for persons whose actions are limited solely to the provision of access to certain communications. (Sec. 403) Increases from $10,000 to $100,000 the maximum fine for: (1) transmission over a cable system of obscene or otherwise unprotected material; and (2) broadcasting obscene language on the radio. (Sec. 405) Includes digital communications among those communications protected by the Act from unauthorized interception and disclosure. (Sec. 406) Prohibits a party calling a toll-free telephone number from being assessed a charge by virtue of being asked to connect or otherwise transfer to a pay-per-call service. (Sec. 407) Requires cable television operators, upon subscriber request and at no charge, to fully scramble or otherwise block the audio and video portions of programs unsuitable for children. (Sec. 408) Authorizes a cable operator to refuse to transmit any public access or leased access program or portion thereof which contains obscenity, indecency, or nudity.

To authorize the extension of time limitation for the FERC-issued hydroelectric license for the Mt. Hope Waterpower Project.

United States · United States Congress · 30 March 1995

Authorizes the Federal Energy Regulatory Commission (FERC), at the licensee's request, to reinstate the expired permit for a specified hydroelectric project (Mt. Hope Waterpower Project), and extend until August 3, 1999, the time period under the Federal Power Act for commencement of construction.

Department of Defense Acquisition Management Reform Act of 1995

United States · United States Congress · 30 March 1995

TABLE OF CONTENTS: Title I: Performance Based Acquisition Process Subtitle A: Performance Goals Subtitle B: Results-Oriented Acquisition Process Subtitle C: Rapid Contracting Subtitle D: Performance Based Contract Management Subtitle E: Financial Management Subtitle F: Defense Acquisition Workforce Subtitle G: Revision of Procurement Integrity Requirements Subtitle H: Clerical Amendments Title II: Reorganization and Reform of the Defense Acquisition System Subtitle A: Streamlining and Improvement of Acquisition Management Subtitle B: Transfer of Functions Subtitle C: Conforming Amendments Subtitle D: Effective Date Title III: Depot-Level Maintenance Department of Defense Acquisition Management Reform Act of 1995 - Title I: Performance Based Acquisition Process - Subtitle A: Performance Goals - Amends Federal defense procurement provisions to: (1) require acquisition programs of the Department of Defense (DOD) for each DOD appropriation account to be assessed for achieving on average 90 percent of their cost, performance, and scheduling goals; and (2) direct the Secretary of Defense to terminate any major defense acquisition program that fails to meet at least 50 percent of its cost, performance, and schedule goals. (Sec. 103) Amends the Federal Acquisition Streamlining Act of 1994 to direct the Secretary to include certain additional incentives such as pay and promotion incentives within a system which encourages excellence in the personnel management of defense acquisition programs (DAPs). Requires a review of such system to be completed by October 1, 1997, and requires a report from the Secretary to specified congressional committees. Subtitle B: Results-Oriented Acquisition Process - Directs the Secretary to revise DOD regulations relating to the acquisition of major systems and information technology systems. (Sec. 112) Directs the Secretary to define in appropriate regulations a simplified acquisition program cycle (cycle) that is results-oriented and consists of the following phases: (1) the integrated decision team meeting; (2) prototype development and testing; (3) product integration, development, and testing; and (4) production and integration into existing systems. Utilizes established maximum time limits for the completion of the cycle and each of its phases, with alternatives to such limits. Requires the acquisition program approval process to have one major decision point which shall occur before the program proceeds into product integration, development, and testing, directing the Under Secretary of Defense for Acquisition to review, and make certain determinations with respect to, such program. Requires any regulations adopted to ensure that potential users of an item being acquired under a cycle are afforded an opportunity to participate in the acquisition decisions during the appropriate phases. (Sec. 113) Prohibits the Secretary from issuing a notice to proceed with production of a major system until: (1) at least one phase of initial operational test and evaluation has been completed, during both the prototype development and testing phase and again during the product integration, development, and testing phase; and (2) the Director of Operational Test and Evaluation has made certain certifications to the Secretary concerning testing and evaluation procedures and conditions. Authorizes the waiver of such requirements under certain conditions, including for national security reasons. Prohibits operational testing of a new system other than a major system until the head of the operational test and evaluation agency of the military department concerned determines the quantity of articles of the system that are to be procured for operational testing. Repeals a Federal provision requiring any increase in the quantity of articles to be procured for low-rate initial production to be made only with the approval of the official making the original quantity determination. Prohibits such quantity from being increased by more than ten percent of the original quantity as of the date on which funds appropriated for procurement are first obligated for the program. Allows such original quantity to be exceeded in addition to the ten percent increase during periods of war or national emergency or when the Secretary makes certain certifications to specified congressional committees concerning the necessity of such action. Requires the Director of Operational Test and Evaluation to report directly to the Secretary (currently, the Secretary and the Deputy Secretary of Defense), without intervening review or approval. (Sec. 114) Directs the Secretary to revise existing DOD directives regarding development and procurement of certain information systems in order to consolidate those directives into one series of directives that is consistent with the simplified cycle established under this Act. Subtitle C: Rapid Contracting - Directs the Secretary to establish, and take necessary action to achieve, a goal of reducing by 50 percent the time necessary for DOD to acquire an item for the user of that item. (Sec. 122) Authorizes a contracting officer of an agency receiving more than three competitive proposals for a proposed contract to solicit best and final offers from three of such offerors, without conducting discussions with representatives of all of the competitive offers. (Sec. 123) Authorizes the Secretary to establish a contractor certification system for the procurement of DOD property or services that are acquired on a repetitive basis. Authorizes the head of a DOD agency to enter into such a contract on the basis of a competition among contractors certified under the system. Provides for the termination of such certification under appropriate circumstances. (Sec. 124) Requires solicitations for defense contracts for the procurement of property of services to include a statement of past contractor performance of the offeror and any certification of the offeror under the certification system established under this Act. Directs the Secretary to maintain a contractor performance data base containing performance histories of each contractor under DOD contracts. (Sec. 125) Requires (currently authorizes) the head of a defense agency to enter into multiyear contracts for the purchase of property whenever certain cost savings and other factors are present. (Sec. 126) Directs the Secretary to authorize and encourage the use of leasing in the acquisition of equipment when practicable and otherwise authorized by law. Requires a report on legislative changes required to facilitate such leases. Subtitle D: Performance Based Contract Management - Includes within unallowable defense contractor costs: (1) labor costs in excess of those provided in the contract offer; and (2) bid protest costs. (Sec. 132) Directs the Secretary to prescribe in regulations: (1) policies and procedures that encourage DOD contract administrators to submit to program managers for consideration alternative approaches to contract management, including an analysis of the costs and benefits of each alternative; and (2) a clause, to be included in each cost- and incentive-type contract, that provides contractor rewards for exceeding the contract cost, schedule, or performance parameters, as well as contractor penalties for failing to adhere to such parameters. Subtitle E: Financial Management - Requires the Secretary, before initial funding is made available for a phase of the acquisition program cycle for which an authorization of appropriations is specifically required, to submit to the Congress information concerning the objectives and plans for conducting such phase and the funding requirements for the entire phase. Directs the Congress, in authorizing appropriations for such a phase, to provide a single amount sufficient for carrying out the entire phase. Requires specific identification of the phase being funded. (Sec. 142) Authorizes the Secretary to transfer funds from appropriations available for a particular acquisition program phase in order to pay the cost of incentives provided to program managers who have been certified by the Secretary as having achieved at least 90 percent of the cost, schedule, and performance goals established for that phase. (Sec. 143) Directs the Comptroller General to review and report to the Congress on commercial practices regarding DOD accounts payable, and to develop standards to be used by the Secretary for improving DOD contract payment procedures and financial management systems. Empowers the Secretary with certain responsibilities with respect to corrective actions necessary to resolve weaknesses found by the Comptroller General. Subtitle F: Defense Acquisition Workforce - Directs the Secretary to ensure that DOD management policies and procedures provide that education and training in acquisition matters, and past performance of acquisition responsibilities, are major factors in the selection of personnel for assignment to DOD acquisition positions. Requires demonstrated past performance of acquisition duties to be considered under various provisions relating to employee qualifications, requirements, and evaluations. (Sec. 152) Directs the Secretary to provide for the acquisition of professional educational development and training services for the DOD acquisition workforce from commercial sources and through programs provided by Federal sources for all Federal acquisition personnel. Terminates provisions requiring the establishment and maintenance of a defense acquisition university structure. Requires DOD program managers and executive officers to have completed the course of development and training services established under this section. Authorizes the Secretary to submit to the Congress an alternative system of development and training. Subtitle G: Revision of Procurement Integrity Requirements - Amends the Office of Federal Procurement Policy Act (the Act) to: (1) require the head of a procuring activity who approves a recusal request (request for dismissal from participation in a procurement contract due to possible conflict of interests) to retain such request for at least five years and make such request available to the public; and (2) make certain contract officer or employee certification requirements under such Act inapplicable to contracts of less than $500,000. Provides that no individual who, in the year prior to separation from service as a military officer in a covered position or an officer or employee of the Government, participated personally and substantially in acquisition functions related to a contract of $500,000 or more shall knowingly accept or continue employment with the contractor or subcontractor involved under such contract for a period of one year following separation from service, except for employment in an unrelated position. Defines a "covered position" as one which requires such officer or employee to work directly on contracts in excess of $500,000. Requires a procurement ethics training program for procurement officials who are likely to be involved in contracts, modifications, or extensions in excess of $25,000. (Currently, all officials must participate in the program.) (Sec. 162) Provides penalties for those aiding, abetting, counseling, commanding, inducing, or procuring acts of Government officials which affect a personal interest of the individual. (Sec. 163) Repeals certain superseded and obsolete laws. (Sec. 164) Provides implementing regulations and requires Inspector General reports in each of FY 1996 through 1999 on compliance by the head of an agency in designating procurement positions covered by amendments to the Act. Subtitle H: Clerical Amendments - Makes clerical amendments to Federal armed forces provisions, the Federal criminal code, and the Department of Energy Organization Act. Title II: Reorganization and Reform of the Defense Acquisition System - Subtitle A: Streamlining and Improvement of Acquisition Management - Adds specified duties for the Under Secretary of Defense for Acquisition and Technology (Under Secretary). Establishes in DOD a Defense Research, Development, and Acquisition Agency, with a Director and a Chief of Engineering and Analysis (Chief). Outlines the duties to be performed by the Agency, including the planning, programming, and carrying out of the research, development, and acquisition (RDA) activities of DOD, the preparation and integration of budgets for RDA activities, and the review of acquisition program plans. Provides for: (1) selection and evaluation of Agency program executive officers; (2) the organization of personnel; (3) policies and procedures for the interaction of commanders of unified and specified combatant commands with program executive officers regarding the initiation and conduct of weapons acquisition programs; and (4) the selection, evaluation, and duties of Agency program managers. Requires the Chief to be responsible for ensuring that all functional analytical capabilities provided to the Agency Director and its officers and managers in connection with DOD acquisition programs are the most advanced capability of their type. Limits the procurement authority of the Secretaries of the various military departments to that considered necessary for the sustainment of operations of that service branch. (Sec. 202) Directs the Chairman of the Joint Chiefs of Staff to make recommendations to the Under Secretary regarding the desirability for joint development by the United States and one or more foreign countries of foreign products or systems. Subtitle B: Transfer of Functions - Transfers, with specified exceptions, to the: (1) Secretary all RDA activities of the military departments; and (2) Agency all the functions of specified organizations and commands. Directs the Secretary to terminate all organizations whose functions are so transferred. Provides savings provisions. Subtitle C: Conforming Amendments - Repeals specified Federal provisions concerning the general authorities and responsibilities of the defense acquisition workforce. Makes conforming amendments with respect to the transfer of certain RDA functions made earlier under this Act. Subtitle D: Effective Date - Makes this title and its amendments effective one year after the date of enactment of this Act. Title III: Depot-Level Maintenance - Repeals Federal provisions: (1) prohibiting more than 40 percent of funds made available for military department or defense agency depot-level maintenance and repair workloads from being used to contract for the performance of such workload by nongovernmental personnel; (2) prohibiting the management of DOD civilian depot-level maintenance personnel on the basis of end strengths; (3) providing an exception to (1), above; and (4) requiring a report concerning funds used to contract out for such work. (Sec. 302) States that it is essential for the national defense that DOD preserve an organic maintenance and repair capability to meet readiness and sustainability requirements for the systems and equipment required for contingency plans. Requires the Secretary to identify those DOD maintenance and repair activities that are necessary to preserve such capability (core capability), and prohibits the Secretary from contracting out for their performance. Allows for the contracting out of non-core capability functions. (Sec. 303) Directs the Secretary to provide for the performance by the private sector of all DOD depot-level maintenance and repair work except: (1) when no responsive bids for such performance are received from responsible offerors; or (2) for reasons of national security as determined by the Secretary.

Relating to the United States-North Korea Agreed Framework and the obligations of North Korea under that and previous agreements with respect to the denuclearization of the Korean Peninsula and dialogue with the Republic of Korea.

United States · United States Congress · 30 March 1995

Calls for the President, in discussions or negotiations with the Government of North Korea pursuant to the implementation of the October 21, 1994, United States-Democratic People's Republic of Korea Agreed Framework (Framework), to uphold the following minimum conditions relating to nuclear nonproliferation: (1) all spent fuel from the graphite-moderated nuclear reactors and related facilities of North Korea should be removed from the territory of North Korea; (2) the International Atomic Energy Agency should have freedom to conduct inspections that it deems necessary to account for the plutonium and other nuclear materials in North Korea before any nuclear components for a light water reactor or technical data are delivered to North Korea; (3) the dismantlement of all declared graphite-based nuclear reactors and related facilities in North Korea, including reprocessing units, should be completed in accordance with the Framework and in a manner that effectively bars in perpetuity their reactivation; and (4) the United States should suspend its obligations under the Framework if North Korea attempts to reload its existing five megawatt nuclear reactor or resumes construction of nuclear facilities other than those permitted to be built under the Framework. Expresses the sense of the Congress that: (1) the Republic of Korea is the only acceptable source for the major nuclear components for light water reactors to be provided to North Korea under the Framework; and (2) after enactment of this Act, the President should not take further steps toward upgrading diplomatic relations with, or relaxing trade and investment barriers imposed against, North Korea without action by the Government of North Korea to engage in a dialogue with the Government of the Republic of Korea, implementation of the North-South Joint Declaration on the Denuclearization of the Korean Peninsula, and progress toward the achievement of several long-standing U.S. policy objectives regarding North Korea and the Korean Peninsula. Permits funds authorized to be appropriated or appropriated under any provision of law other than the Foreign Assistance Act of 1961 to be used to provide assistance to North Korea or the Korean Peninsula Energy Development Organization only if such assistance is provided under the terms and conditions of such Act.

Department of Defense Acquisition Management Reform Act of 1995

United States · United States Congress · 29 March 1995

TABLE OF CONTENTS: Title I: Performance Based Acquisition Process Subtitle A: Performance Goals Subtitle B: Results-Oriented Acquisition Process Subtitle C: Rapid Contracting Subtitle D: Performance Based Contract Management Subtitle E: Financial Management Subtitle F: Defense Acquisition Workforce Subtitle G: Revision of Procurement Integrity Requirements Subtitle H: Clerical Amendments Title II: Reorganization and Reform of the Defense Acquisition System Subtitle A: Streamlining and Improvement of Acquisition Management Subtitle B: Transfer of Functions Subtitle C: Conforming Amendments Subtitle D: Effective Date Title III: Depot-Level Maintenance Department of Defense Acquisition Management Reform Act of 1995 - Title I: Performance Based Acquisition Process - Subtitle A: Performance Goals - Amends Federal defense procurement provisions to: (1) require acquisition programs of the Department of Defense (DOD) for each DOD appropriation account to be assessed for achieving on average 90 percent of their cost, performance, and scheduling goals; and (2) direct the Secretary of Defense to terminate any major defense acquisition program that fails to meet at least 50 percent of its cost, performance, and schedule goals. (Sec. 103) Amends the Federal Acquisition Streamlining Act of 1994 to direct the Secretary to include certain additional incentives such as pay and promotion incentives within a system which encourages excellence in the personnel management of defense acquisition programs (DAPs). Requires a review of such system to be completed by October 1, 1997, and requires a report from the Secretary to specified congressional committees. Subtitle B: Results-Oriented Acquisition Process - Directs the Secretary to revise DOD regulations relating to the acquisition of major systems and information technology systems. (Sec. 112) Directs the Secretary to define in appropriate regulations a simplified acquisition program cycle (cycle) that is results-oriented and consists of the following phases: (1) the integrated decision team meeting; (2) prototype development and testing; (3) product integration, development, and testing; and (4) production and integration into existing systems. Utilizes established maximum time limits for the completion of the cycle and each of its phases, with alternatives to such limits. Requires the acquisition program approval process to have one major decision point which shall occur before the program proceeds into product integration, development, and testing. Directs the Under Secretary of Defense for Acquisition to review, and make certain determinations with respect to, such program. Requires any regulations adopted to ensure that potential users of an item being acquired under a cycle are afforded an opportunity to participate in the acquisition decisions during the appropriate phases. (Sec. 113) Prohibits the Secretary from issuing a notice to proceed with production of a major system until: (1) at least one phase of initial operational test and evaluation has been completed, during both the prototype development and testing phase and again during the product integration, development, and testing phase; and (2) the Director of Operational Test and Evaluation has made certain certifications to the Secretary concerning testing and evaluation procedures and conditions. Authorizes the waiver of such requirements under certain conditions, including for national security reasons. Prohibits operational testing of a new system other than a major system until the head of the operational test and evaluation agency of the military department concerned determines the quantity of articles of the system that are to be procured for operational testing. Repeals a Federal provision requiring any increase in the quantity of articles to be procured for low-rate initial production to be made only with the approval of the official making the original quantity determination. Prohibits such quantity from being increased by more than ten percent of the original quantity as of the date on which funds appropriated for procurement are first obligated for the program. Allows such original quantity to be exceeded in addition to the ten percent increase during periods of war or national emergency or when the Secretary makes certain certifications to specified congressional committees concerning the necessity of such action. Requires the Director of Operational Test and Evaluation to report directly to the Secretary (currently, the Secretary and the Deputy Secretary of Defense), without intervening review or approval. (Sec. 114) Directs the Secretary to revise existing DOD directives regarding development and procurement of certain information systems in order to consolidate those directives into one series of directives that is consistent with the simplified cycle established under this Act. Subtitle C: Rapid Contracting - Directs the Secretary to establish, and take necessary action to achieve, a goal of reducing by 50 percent the time necessary for DOD to acquire an item for the user of that item. (Sec. 122) Authorizes a contracting officer of an agency receiving more than three competitive proposals for a proposed contract to solicit best and final offers from three of such offerors, without conducting discussions with representatives of all of the competitive offers. (Sec. 123) Authorizes the Secretary to establish a contractor certification system for the procurement of DOD property or services that are acquired on a repetitive basis. Authorizes the head of a DOD agency to enter into such a contract on the basis of a competition among contractors certified under the system. Provides for the termination of such certification under appropriate circumstances. (Sec. 124) Requires solicitations for defense contracts for the procurement of property of services to include a statement of past contractor performance of the offeror and any certification of the offeror under the certification system established under this Act. Directs the Secretary to maintain a contractor performance data base containing performance histories of each contractor under DOD contracts. (Sec. 125) Requires (currently authorizes) the head of a defense agency to enter into multiyear contracts for the purchase of property whenever certain cost savings and other factors are present. (Sec. 126) Directs the Secretary to authorize and encourage the use of leasing in the acquisition of equipment when practicable and otherwise authorized by law. Requires a report on legislative changes required to facilitate such leases. Subtitle D: Performance Based Contract Management - Includes within unallowable defense contractor costs: (1) labor costs in excess of those provided in the contract offer; and (2) bid protest costs. (Sec. 132) Directs the Secretary to prescribe in regulations: (1) policies and procedures that encourage DOD contract administrators to submit to program managers for consideration alternative approaches to contract management, including an analysis of the costs and benefits of each alternative; and (2) a clause, to be included in each cost- and incentive-type contract, that provides contractor rewards for exceeding the contract cost, schedule, or performance parameters, as well as contractor penalties for failing to adhere to such parameters. Subtitle E: Financial Management - Requires the Secretary, before initial funding is made available for a phase of the acquisition program cycle for which an authorization of appropriations is specifically required, to submit to the Congress information concerning the objectives and plans for conducting such phase and the funding requirements for the entire phase. Directs the Congress, in authorizing appropriations for such a phase, to provide a single amount sufficient for carrying out the entire phase. Requires specific identification of the phase being funded. (Sec. 142) Authorizes the Secretary to transfer funds from appropriations available for a particular acquisition program phase in order to pay the cost of incentives provided to program managers who have been certified by the Secretary as having achieved at least 90 percent of the cost, schedule, and performance goals established for that phase. (Sec. 143) Directs the Comptroller General to review and report to the Congress on commercial practices regarding DOD accounts payable, and to develop standards to be used by the Secretary for improving DOD contract payment procedures and financial management systems. Empowers the Secretary with certain responsibilities with respect to corrective actions necessary to resolve weaknesses found by the Comptroller General. Subtitle F: Defense Acquisition Workforce - Directs the Secretary to ensure that DOD management policies and procedures provide that education and training in acquisition matters, and past performance of acquisition responsibilities, are major factors in the selection of personnel for assignment to DOD acquisition positions. Requires demonstrated past performance of acquisition duties to be considered under various provisions relating to employee qualifications, requirements, and evaluations. (Sec. 152) Directs the Secretary to provide for the acquisition of professional educational development and training services for the DOD acquisition workforce from commercial sources and through programs provided by Federal sources for all Federal acquisition personnel. Terminates provisions requiring the establishment and maintenance of a defense acquisition university structure. Requires DOD program managers and executive officers to have completed the course of development and training services established under this section. Authorizes the Secretary to submit to the Congress an alternative system of development and training. Subtitle G: Revision of Procurement Integrity Requirements - Amends the Office of Federal Procurement Policy Act (the Act) to: (1) require the head of a procuring activity who approves a recusal request (request for dismissal from participation in a procurement contract due to possible conflict of interests) to retain such request for at least five years and make such request available to the public; and (2) make certain contract officer or employee certification requirements under such Act inapplicable to contracts of less than $500,000. Provides that no individual who, in the year prior to separation from service as a military officer in a covered position or an officer or employee of the Government, participated personally and substantially in acquisition functions related to a contract of $500,000 or more shall knowingly accept or continue employment with the contractor or subcontractor involved under such contract for a period of one year following separation from service, except for employment in an unrelated position. Defines a "covered position" as one which requires such officer or employee to work directly on contracts in excess of $500,000. Requires a procurement ethics training program for procurement officials who are likely to be involved in contracts, modifications, or extensions in excess of $25,000. (Currently, all officials must participate in the program.) (Sec. 162) Provides penalties for those aiding, abetting, counseling, commanding, inducing, or procuring acts of Government officials which affect a personal interest of the individual. (Sec. 163) Repeals certain superseded and obsolete laws. (Sec. 164) Provides implementing regulations and requires Inspector General reports in each of FY 1996 through 1999 on compliance by the head of an agency in designating procurement positions covered by amendments to the Act. Subtitle H: Clerical Amendments - Makes clerical amendments to Federal armed forces provisions, the Federal criminal code, and the Department of Energy Organization Act. Title II: Reorganization and Reform of the Defense Acquisition System - Subtitle A: Streamlining and Improvement of Acquisition Management - Adds specified duties for the Under Secretary of Defense for Acquisition and Technology (Under Secretary). Establishes in DOD a Defense Research, Development, and Acquisition Agency, with a Director and a Chief of Engineering and Analysis (Chief). Outlines the duties to be performed by the Agency, including the planning, programming, and carrying out of the research, development, and acquisition (RDA) activities of DOD, the preparation and integration of budgets for RDA activities, and the review of acquisition program plans. Provides for: (1) selection and evaluation of Agency program executive officers; (2) the organization of personnel; (3) policies and procedures for the interaction of commanders of unified and specified combatant commands with program executive officers regarding the initiation and conduct of weapons acquisition programs; and (4) the selection, evaluation, and duties of Agency program managers. Requires the Chief to be responsible for ensuring that all functional analytical capabilities provided to the Agency Director and its officers and managers in connection with DOD acquisition programs are the most advanced capability of their type. Limits the procurement authority of the Secretaries of the various military departments to that considered necessary for the sustainment of operations of that service branch. (Sec. 202) Directs the Chairman of the Joint Chiefs of Staff to make recommendations to the Under Secretary regarding the desirability for joint development by the United States and one or more foreign countries of foreign products or systems. Subtitle B: Transfer of Functions - Transfers, with specified exceptions, to the: (1) Secretary all RDA activities of the military departments; and (2) Agency all the functions of specified organizations and commands. Directs the Secretary to terminate all organizations whose functions are so transferred. Provides savings provisions. Subtitle C: Conforming Amendments - Repeals specified Federal provisions concerning the general authorities and responsibilities of the defense acquisition workforce. Makes conforming amendments with respect to the transfer of certain RDA functions made earlier under this Act. Subtitle D: Effective Date - Makes this title and its amendments effective one year after the date of enactment of this Act. Title III: Depot-Level Maintenance - Repeals Federal provisions: (1) prohibiting more than 40 percent of funds made available for military department or defense agency depot-level maintenance and repair workloads from being used to contract for the performance of such workload by nongovernmental personnel; (2) prohibiting the management of DOD civilian depot-level maintenance personnel on the basis of end strengths; (3) providing an exception to (1), above; and (4) requiring a report concerning funds used to contract out for such work. (Sec. 302) States that it is essential to the national defense that DOD preserve an organic maintenance and repair capability to meet readiness and sustainability requirements for the systems and equipment required for contingency plans. Requires the Secretary to identify those DOD maintenance and repair activities that are necessary to preserve such capability (core capability), and prohibits the Secretary from contracting out for their performance. Allows for the contracting out of non-core capability functions. (Sec. 303) Directs the Secretary to provide for the performance by the private sector of all DOD depot-level maintenance and repair work except: (1) when no responsive bids for such performance are received from responsible offerors; or (2) for reasons of national security as determined by the Secretary.

James John Hoecker, of Virginia, to be a Member of the Federal Energy Regulatory Commission for the term expiring June 30, 2000. (Reappointment)

United States · United States Senate · 28 March 1995

Water Resources Development Act of 1996

United States · United States Congress · 28 March 1995

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

A resolution making minority party appointments to the Committee on Energy and Natural Resources, and the Committee on Veterans' Affairs.

United States · United States Congress · 28 March 1995

Designates minority party membership on the following Senate committees: (1) Energy and Natural Resources; and (2) Veterans' Affairs.

To provide for the extension of a hydroelectric project located in the State of West Virginia.

United States · United States Congress · 28 March 1995

Directs the Federal Energy Regulatory Commission, upon request of a certain licensee, to extend the time required to commence construction of a specified hydroelectric project located in West Virginia, so as to terminate on September 26, 1999. Instructs the Commission to reinstate any expired license for such project and to extend the time required for commencement of construction until September 26, 1999.

Second Supplemental Appropriations and Rescissions Act, 1995

United States · United States Congress · 24 March 1995

TABLE OF CONTENTS: Title I: Supplementals and Rescissions Title II: General Provisions Second Supplemental Appropriations and Rescissions Act, 1995 - Title I: Supplementals and Rescissions - Makes FY 1995 additional supplemental appropriations to the Department of Agriculture for the Agricultural Research Service, the Food Safety and Inspection Service, the Commodity Credit Corporation, and the Food and Nutrition Service. Rescinds appropriations made to the Department of Agriculture for the Office of the Secretary, Agricultural Research Service, the Cooperative State Research Service, the Animal and Plant Health Inspection Service, the Rural Development Administration and Farmers Home Administration, the Alcohol Fuels Credit Guarantee Program Account, the Rural Electrification Administration, the Food and Nutrition Service, and the Foreign Agricultural Service. Makes FY 1995 additional supplemental appropriations to the National Bankruptcy Review Commission and the United States Information Agency. Rescinds appropriations made to: (1) the Department of Justice for the Immigration and Naturalization Service and Office of Justice Programs; (2) the Department of Commerce for the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, the Under Secretary for Technology-Office of Technology Policy, the National Technical Information Service, and the Economic Development Administration; (3) the Judiciary for the United States Court of International Trade and for defender services; (4) the Small Business Administration; (5) the Department of State; (6) the Arms Control and Disarmament Agency; (7) the Board for International Broadcasting; and (8) the United States Information Agency. Rescinds appropriations made to: (1) the Corps of Engineers-Civil; (2) the Bureau of Reclamation of the Department of the Interior; (3) the Department of Energy; (4) the Appalachian Regional Commission; and (5) the Tennessee Valley Authority. Rescinds funds appropriated to the President for foreign operations, export financing, and related programs. Rescinds appropriations made to: (1) the Department of the Interior for the Bureau of Land Management, the United States Fish and Wildlife Service, the National Park Service, the Bureau of Indian Affairs, and territorial and international affairs; (2) the Department of Agriculture for the Forest Service; (3) the Department of Energy for fossil energy research and development, naval petroleum and oil shale reserves, and energy conservation; (4) the Department of Education for the Office of Elementary and Secondary Education. Rescinds appropriations made to the Smithsonian Institution, the National Gallery of Art, the John F. Kennedy Center for the Performing Arts, the Woodrow Wilson International Center for Scholars, and the National Foundation on the Arts and the Humanities. Rescinds appropriations made to the Department of Labor for the Employment and Training Administration and the Bureau of Labor Statistics. Rescinds appropriations made to the Department of Health and Human Services for the Health Resources and Services Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, the Assistant Secretary for Health, the Agency for Health Care Policy and Research, the Health Care Financing Administration, the Social Security Administration, the Administration for Children and Families, the Administration on Aging, and the Office of the Secretary. Rescinds appropriations made to specified Department of Education programs, the Corporation for Public Broadcasting, and the Railroad Retirement Board. Amends the Higher Education Act of 1965 to decrease the appropriated funds for FY 1995 for the Federal Direct Student Loan Program. Rescinds funds made available to the Legislative Branch for: (1) the payments to widows and heirs of deceased Members of Congress; (2) Joint Economic Committee and the Joint Committee on Printing; (3) the Office of Technology Assessment for salaries and expenses; (4) the Congressional Budget Office for salaries and expenses; (5) the Architect of the Capitol for capitol buildings and grounds; (6) the Government Printing Office for congressional printing and binding and salaries and expenses; (7) the Botanic Garden for salaries and expenses; (8)the Library of Congress for salaries and expenses; and (9) the General Accounting Office for salaries and expenses. Rescinds funds made available to the Department of Defense for: (1) military construction; (2) the North Atlantic Treaty Organization; and (3) Base Realignment and Closure Account, Parts II and III. Rescinds funds made available to the Department of Transportation (DOT) for: (1) the Office of the Secretary; (2) the Coast Guard; (3) the Federal Aviation Administration; (4) the Federal Highway Administration; (5) the National Highway Traffic Safety Administration; (6) the Federal Railroad Administration; and (7) the Federal Transit Administration. Reduces certain obligation limitations for DOT. (Sec. 901) Rescinds funds from the DOT working capital fund. (Sec. 902) Cancels a specified amount for DOT civilian and military compensation and benefits permanently. Makes FY 1995 additional supplemental appropriations to the General Services Administration and the Office of Personnel Management. Rescinds funds made available to the Department of the Treasury for departmental offices, the Financial Management Service, the United States Mint, the Bureau of the Public Debt, and the Internal Revenue Service. Rescinds funds made available to the Executive Office of the President for the White House Office and Federal drug control programs. Rescinds funds made available to the General Services Administration for the Federal Buildings Fund and the Office of Personnel Management for salaries and expenses. Makes FY 1995 additional supplemental appropriations to the Federal Emergency Management Agency for disaster relief and the National Flood Insurance Fund. Rescinds funds made available to: (1) the Department of Veterans Affairs for medical care and major projects construction; and (2) the Department of Housing and Urban Development for housing programs. Amends the United States Housing Act of 1937 to: (1) permit a public housing agency to use modernization assistance for any eligible activity, including demolition, replacement housing, and temporary relocation assistance, authorized by this or other applicable appropriations Acts; (2) permit replacement units to be built on the site of the original demolished public housing unit only if the number of replacement units is significantly less than the number of units demolished; (3) repeal provisions prohibiting public housing projects from transferring title unless there is Federal funding assistance providing for a unit for unit replacement for each transfer; and (4) permit the reuse of any budget authority that is recaptured on account of termination of a housing assistance payments contract only for one or more the following, tenant-based assistance or project-based assistance. Rescinds funds made available to the: (1) Chemical Safety and Hazard Investigation Board; (2) Community Development Financial Institutions Fund; (3) Corporation for National and Community Service; (4) Environmental Protection Agency; (5) National Aeronautics and Space Administration; (6) National Science Foundation; and (7) Federal Deposit Insurance Corporation. Title II: General Provisions - Directs the Secretary concerned to: (1) prepare, offer, and award contracts for salvage timber sales from Federal lands; and (2) perform the appropriate revegetation and tree planting operations in the salvage area. Subjects such sales to judicial review only in the United States district court for the district in which the affected Federal lands are located. Permits such an action only if made within 15 days after the initial advertisement of the challenged timber sale. (Sec. 2002) Amends the Treasury, Postal Service and General Government Appropriations Act, 1995 and other Federal law provisions concerning overtime for criminal investigators. (Sec. 2006) Prohibits the use of funds available in FY 1995 appropriations being used for specified purposes by the Environmental Protection Agency.

A bill to authorize extension of time limitation for a FERC-issued hydroelectric license.

United States · United States Congress · 24 March 1995

Directs the Federal Energy Regulatory Commission, upon request of a certain licensee, to extend the time required to commence construction of a specified project.

A resolution making majority party appointments to the Energy and Natural Resources Committee, the Veterans' Affairs Committee, and the Committee on Indian Affairs.

United States · United States Congress · 24 March 1995

Designates the majority party membership on the following Senate Committees: (1) Energy and Natural Resources; (2) Veterans' Affairs; and (3) Indian Affairs.

A resolution amending Rule XXV of the Standing Rules.

United States · United States Congress · 24 March 1995

Amends rule XXV of the Standing Rules of the Senate regarding the number of Members on the following Senate committees: (1) Agriculture, Nutrition, and Forestry; (2) Energy and Natural Resources; and (3) Indian Affairs.

Superfund Recycling Equity Act of 1995

United States · United States Congress · 23 March 1995

Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Excludes from the definition of "recyclable material" any material that contains polychlorinated biphenyls in excess of 50 parts per million or any Federal standard promulgated after this Act's enactment. Considers transactions involving scrap paper, plastic, glass, textiles, rubber (other than whole tires), or metal or spent batteries to be arranging for recycling if the person arranging the transaction can demonstrate that: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; (4) in the case of transactions occurring no later than 90 days after this Act's enactment, the person exercised reasonable care to determine that the consuming facility was in compliance with Federal, State, or local environmental laws or regulations; (5) in the case of transactions involving scrap metal that occurred after the effective date of a regulation or standard associated with scrap metal recycling promulgated under the Solid Waste Disposal Act, the person was in compliance with such regulation or standard and did not melt the metal prior to the transaction; and (6) in the case of transactions involving batteries, the person did not recover the valuable components of the battery and the person was in compliance with Federal environmental regulations or standards regarding battery recycling. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that, in the case of transactions occurring no later than 90 days after this Act's enactment, the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material.

A bill to provide for the extension of a hydroelectric project located in the State of West Virginia.

United States · United States Congress · 22 March 1995

Directs the Federal Energy Regulatory Commission, upon request of a certain licensee, to extend the time required to commence construction of a specified hydroelectric project located in West Virginia, so as to terminate on September 26, 1999. Instructs the Commission to reinstate any expired license for such project and to extend the time required for commencement of construction until September 26, 1999.

To reinstate the permit for, and extend the deadline under the Federal Power Act applicable to the construction of, a hydroelectric project in Oregon, and for other purposes.

United States · United States Congress · 22 March 1995

Directs the Federal Energy Regulatory Commission (FERC), at the licensee's request, to reinstate the expired permit for a specified hydroelectric project in Oregon, and extend through four years after enactment of this Act the time period under the Federal Power Act for commencement of construction.

New Urban Agenda Act of 1995

United States · United States Congress · 22 March 1995

TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community-Based Housing Development Title IV: Response to Urban Environmental Challenges Subtitle A: Environmental Cleanup Subtitle B: Environmental-Economic Recovery New Urban Agenda Act of 1995 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in a fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be in the form of credits for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. Title III: Community-Based Housing Development - Provides, subject to the approval of both the unit of general local government and the local public housing agency, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title IV: Response to Urban Environmental Challenges - Subtitle A: Environmental Cleanup - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude local governments that are owners or operators of facilities in distressed urban areas from liability under such Act. Requires the President to establish standards for the degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment for facilities located in distressed urban areas. Subtitle B: Environmental-Economic Recovery - Authorizes the Secretary of Energy to make no more than three loans to units of local government for distressed urban areas for the establishment of facilities to dispose of, and obtain inexpensive electrical power and steam from, solid waste. Requires a report to the Congress on the results of financing such facilities.

A bill to provide Outer Continental Shelf Impact Assistance to State and local governments, and for other purposes.

United States · United States Congress · 16 March 1995

Establishes the Outer Continental Shelf Impact Assistance Fund to provide impact assistance to coastal States from allocable new revenues (payments received by the United States as royalties, net profit share payments, and related late-payment interest from natural gas and oil leases under the Outer Continental Shelf Lands Act). Sets forth a formula for use by the Secretary of the Interior to determine the portion of the allocable share of new revenues attributable to each coastal State and county eligible to receive impact assistance payments. Mandates that such funds be expended by the eligible coastal States and counties for certain environmental projects and activities. Requires: (1) an eligible county to submit for the Governor's approval a plan setting forth the projects and activities for which it proposes to expend impact assistance funds; and (2) the Governor of each recipient State to account to the Congress for all Fund monies received for the previous fiscal year.

A bill to authorize the Secretary of Energy to enter into privatization arrangements for activities carried out in connection with defense nuclear facilities, and for other purposes.

United States · United States Congress · 16 March 1995

Authorizes the Secretary of Energy to enter into one or more contracts with facilities located within 25 miles of a current or former Department of Energy (DOE) defense nuclear facility for the procurement of products and services to support waste cleanup and modernization activities at such nuclear facilities. Requires the Secretary to give preference to facilities that plan to hire, to the maximum extent practicable, residents in the vicinity of the defense nuclear facility who are employed or who have previously been employed by DOE or its private contractor at the facility. Prohibits any person from bringing a claim against a contractor or subcontractor for injury, cost, damage, illness, death, damage to property, or economic loss caused by a release of a hazardous contaminant during performance of the contract, unless such release or threatened release is caused by contractor or subcontractor negligence or intentional misconduct. Sets forth a six year statute of limitations for commencement of such actions. Directs the Secretary and contractors under the Secretary's supervision, in entering into a contract or subcontract with a private entity for products to be acquired or services to be performed at a qualifying DOE site, to give preference to an entity (otherwise qualified and within the competitive range) that plans to: (1) provide products and services originating from communities within 25 miles of the site; (2) hire residents living in the site's vicinity to perform the contract (especially dislocated site workers); and (3) invest in value-added activities in the site's vicinity to mitigate adverse economic development impacts resulting from closure or restructuring of the site.

A bill to extend the deadlines applicable to certain hydroelectric projects under the Federal Power Act, and for other purposes.

United States · United States Congress · 14 March 1995

Directs the Federal Energy Regulatory Commission, upon certain licensees' request, to extend for up to three consecutive two-year periods the time required for commencement of construction of two specified hydroelectric projects.

A bill to allow the refurbishment and continued operation of a small hydroelectric facility in central Montana by adjusting the amount of charges to be paid to the United States under the Federal Power Act, and for other purposes.

United States · United States Congress · 14 March 1995

Provides that any political subdivision of the State of Montana which accepts the terms and conditions for a license for the Flint Creek hydroelectric project in Granite and Deer Lodge Counties shall not be required to pay, for the five-year period following its acceptance of the license, annual charges for the use of Federal lands lying within the boundaries of the project. Requires such subdivision to pay an annual Federal charge of no more than $20,000 per year after the five-year period for the use of those lands as long as it holds such license.

A bill to extend the deadline under the Federal Power Act applicable to the construction of three hyrdroelectric projects in the State of Arkansas.

United States · United States Congress · 14 March 1995

Authorizes the Federal Energy Regulatory Commission, upon request of a certain licensee, to extend for up to three consecutive two-year periods the time required for commencement of construction of three specified hydroelectric projects in Arkansas.

A bill to extend the deadline under the Federal Power Act applicable to the construction of a hydroelectric project in Oregon, and for other purposes.

United States · United States Congress · 13 March 1995

Directs the Federal Energy Regulatory Commission, at the request of a specified licensee, to extend the time for completion of a certain project to the later of: (1) October 31, 2002; or (2) the date that is one year after the date on which the Army Corps of Engineers completes construction of water temperature control structures at the Blue River Dam. Requires the licensee to file an annual status report with such Commission.

Nuclear Waste Independent Review Act

United States · United States Congress · 13 March 1995

Nuclear Waste Independent Review Act - Directs the President to establish the Nuclear Waste Policy Review Commission, independent of the Department of Energy and other Federal agencies, to review, and report to the Congress on, U.S. nuclear waste policy, including issues related to: (1) the storage and disposal of high-level, transuranic, and low-level radioactive wastes; and (2) funding through the Nuclear Waste Fund. Prohibits the issuance of any license for a facility for the storage or disposal of radioactive waste until the Commission submits its report. Authorizes appropriations.

USEC Privatization Act

United States · United States Congress · 13 March 1995

USEC Privatization Act - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing). (Sec. 4) Permits employees who transfer to the United States Enrichment Corporation (USEC) from other Federal employment to transfer their accrued retirement benefits to a USEC retirement system, or to retain their coverage under their existing Federal plan. (Sec. 5) Terminates USEC's status as the exclusive marketing agent for the United States for entering into contracts for providing enriched uranium and uranium enrichment and related services. Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term. States that USEC shall establish prices for its products, materials, and services on a profitmaking basis. Prescribes guidelines under which the Department of Energy (DOE) shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste. States that as of the privatization date all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization dates shall be direct liabilities of, and judgments against, the United States. Authorizes the Secretary of Energy (the Secretary) to transfer raw and enriched uranium to USEC without charge. (Sec. 6) Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) privatization of USEC may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of public offering. Provides that the proceeds to the U.S. Government from privatization shall be included in the budget baseline and be counted as an offset to direct spending. (Sec. 7) Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. (Sec. 8) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment.