Environment

59 Mr. Callely asked the Minister for the Environment his views on tolling of roads; the roads that maybe considered for such tolling; and if he will make a statement on the matter. [16274/95]

Ireland · Dáil Éireann · 7 November 1995

59 Mr. Callely asked the Minister for the Environment his views on tolling of roads; the roads that maybe considered for such tolling; and if he will make a statement on the matter. [16274/95]

4 Mr. Dempsey asked the Minister for the Environment his views on the policy of tolling ring-roads around our cities. [16012/95]

Ireland · Dáil Éireann · 7 November 1995

4 Mr. Dempsey asked the Minister for the Environment his views on the policy of tolling ring-roads around our cities. [16012/95]

179 Miss Quill asked the Minister for the Environment the number of fatal road deaths in the first ten months of 1995; and the number of such deaths of men under 31 years, men under 21 years, women under 31 years and women under 21 years of age. [16325/95]

Ireland · Dáil Éireann · 7 November 1995

179 Miss Quill asked the Minister for the Environment the number of fatal road deaths in the first ten months of 1995; and the number of such deaths of men under 31 years, men under 21 years, women under 31 years and women under 21 years of age. [16325/95]

5 Miss Quill asked the Minister for the Environment the analysis, if any, that has been carried out of the causes of road fatalities in the first ten months of 1995; and if he will make a statement on the matter. [16340/95]

Ireland · Dáil Éireann · 7 November 1995

5 Miss Quill asked the Minister for the Environment the analysis, if any, that has been carried out of the causes of road fatalities in the first ten months of 1995; and if he will make a statement on the matter. [16340/95]

3 Mr. Dempsey asked the Minister for the Environment the reports, if any, he has received from the appropriate authorities on the alarming increase in the levels of deaths and injuries from road accidents over the last four months. [16014/95]

Ireland · Dáil Éireann · 7 November 1995

3 Mr. Dempsey asked the Minister for the Environment the reports, if any, he has received from the appropriate authorities on the alarming increase in the levels of deaths and injuries from road accidents over the last four months. [16014/95]

Making further continuing appropriations for the fiscal year 1996, and for other purposes.

United States · United States Congress · 7 November 1995

Makes continuing appropriations for FY 1996 for projects or activities including the costs of direct loans and loan guarantees provided for in the following Acts: (1) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996; (2) the Department of Defense Appropriations Act, 1996; (3) the District of Columbia Appropriations Act, 1996; (4) the Energy and Water Development Appropriations Act, 1996; (5) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996; (6) the Department of the Interior and Related Agencies Appropriations Act, 1996; (7) the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Act, 1996; (8) the Legislative Branch Appropriations Act, 1996; (9) the Department of Transportation Appropriations Act, 1996; (10) the Treasury, Postal Service, and General Government Appropriations Act, 1996; and (11) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996. Sets forth limitations on the use of such funds. (Sec. 112) Requires that whenever the rate of operations for any continuing project or activity provided for which there is a budget request would result in a furlough of Government employees, that rate for operations may be increased to a level that would enable the furlough to be avoided. (Sec. 113) Requires that for those programs that had high initial rates of operation or complete distribution of funding at the beginning of FY 1995 because of distributions of funding to States, foreign countries, grantees, or others, similar distributions of funds for FY 1996 shall not be made and no grants shall be awarded for such programs, subject to stated exceptions. (Sec. 115) Requires that the rate of operations for any continuing project or activity that have not been increased shall be reduced by five percent but shall not be reduced below a defined minimum level or below the level that would result in a furlough. (Sec. 116) Provides that section 132 of the District of Columbia Appropriations Act of 1988 (which provides that amounts appropriated for the Federal Payment to the District of Columbia shall not be subject to apportionments) shall not apply for this joint resolution. Provides for including in the apportionment for the Federal Payment to the District of Columbia an additional $217 million. (Sec. 117) Requires that the authority and conditions for the application of appropriations of the Office of Technology Assessment as contained in House Report 104-212, shall be followed when applying the funding made available by this joint resolution. (Sec. 120) Requires the Securities and Exchange Commission's Salaries and Expenses account to include, in addition to direct appropriations, the amount it collects under the fee rate and offsetting collection authority. (Sec. 121) Requires that funding be made available for the necessary expenses of the Bureau of Mines for: (1) continuing limited health and safety and related research, materials partnerships, and minerals information activities; (2) for mineral assessments in Alaska; and (3) for terminating all other activities of the Bureau of Mines. (Sec. 122) Requires that funds for the Environmental Protection Agency shall be made available.

A bill to amend the Federal Water Pollution Control Act to prohibit the imposition of any civil or administrative penalty against a unit of local government for a violation of the Act when a compliance plan with respect to the violation is in effect, and for other purposes.

United States · United States Congress · 3 November 1995

Amends the Federal Water Pollution Control Act to prohibit any civil or administrative penalty from being imposed against a local government for a violation of a provisions of the Act: (1) if such government has entered into an agreement with the Administrator of the Environmental Protection Agency, the Secretary of the Army, or the State to carry out a compliance plan with respect to a prior violation of the provision; and (2) during the period beginning on the date on which the government and the Administrator, Secretary, or State enter into such agreement and ending on the date on which the government is required to be in compliance under the agreement.

Local Environmental Improvement Facilitation Act

United States · United States Congress · 3 November 1995

Local Environmental Improvement Facilitation Act - Amends the Federal Water Pollution Control Act to provide that, in the case of a civil or administrative penalty assessed against an individual, corporation, partnership, or association (private person), the private person may elect to pay: (1) the amount of the penalty to the Treasury for deposit into a special account for payment of public debt obligations; or (2) an amount not to exceed $500,000 of the penalty to carry out a community environmental project in accordance with this Act, with the remainder to be paid into the Treasury's special account. Requires a private person who makes the latter election, after consulting with and obtaining the concurrence of the State and each political subdivision of the State within which the violation occurred, to enter into an agreement to pay the prescribed amount to an appropriate person to carry out one or more environmental projects. Requires a separate agreement to be entered into with respect to each penalty for which an election is made. Sets forth provisions regarding: (1) suitable environmental projects; and (2) oversight.

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to prevent the construction of a thermal destruction facility at the OII site east of downtown Los Angeles unless the local community agrees to the location.

United States · United States Congress · 2 November 1995

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to prohibit use of funds in the Hazardous Substances Superfund for construction or operation of a thermal destruction facility at the site known as the OII landfill site, located in the vicinity of the cities of Los Angeles, Montebello, and Monterey Park, California, unless the City of Monterey Park and the Administrator of the Environmental Protection Agency enter into a written agreement regarding the location of the facility.

Agricultural Resources Enhancement Act of 1995

United States · United States Congress · 1 November 1995

Agricultural Resources Enhancement Act of 1995 - Amends the Food Security Act of 1985 (the Act) to define: (1) "alternative conservation system" as one that achieves a substantial reduction in soil erosion; (2) "conservation system" to mean the conservation measures and practices that are approved for application by a producer to a highly erodible field that provide for cost effective and practical erosion reduction based on local resource conditions and standards contained in the Natural Resources Conservation Service field office technical guide (technical guide); and (3) "frequently cropped agricultural land" to mean agricultural land that exhibits wetland characteristics and that has been used for six of the ten years prior to January 1, 1996, for agricultural production or production of an annual or perennial agricultural crop, an aquaculture product, a nursery product, or a wetland crop. Specifies that a designation of highly erodible land on agricultural land shall be valid until an owner or operator requests a new designation. Directs the Secretary of Agriculture (the Secretary) to provide the designation on the request of the owner or operator. Allows a designation of highly erodible land to be based on the most contemporary science, method, or technology, as determined by the Secretary, for determining soil erodibility that accurately reflects the potential for soil loss. (Sec. 4) Revises provisions of the Act regarding the highly erodible land conservation program to provide that (with exceptions) any participant in an annual program under the Agricultural Act of 1949 after January 1, 1996, who in any crop year after that date produces an agricultural commodity on a field on which highly erodible land is predominate, shall be in violation of such provisions and ineligible for loans or payments in an amount proportionate to the severity of the violation, taking into account the intent of the person and the frequency of the violations. Sets forth or revises provisions regarding: (1) ineligibility for specified loans and payments because of violations; (2) exemptions; (3) the effect on a landlord of ineligibility of a tenant or sharecropper for benefits; (4) a good faith exemption; and (5) failure to apply a conservation plan. Requires the Secretary to ensure that the standards and guidelines contained in a local technical guide applicable to a required conservation plan: (1) allow a person to use an alternative conservation system as a means of meeting the requirements and achieving the goals of the Act with respect to a highly erodible field that has been used in the production of an agricultural commodity after December 23, 1985; and (2) provide for conservation measures and practices that are cost-effective and technically and economically feasible based on local resource conditions and available conservation technology and that do not cause undue economic hardship to the person applying the plan or system. Sets forth provisions regarding: (1) erosion measurement; (2) crop residue measurements; (3) revisions of conservation plans and systems and updating of local technical guides; (4) technical assistance; (5) violations; (6) expedited variances; and (7) persons affiliated with those affected by a reduction in benefits due to violations. (Sec. 5) Revises provisions of the Act regarding wetland conservation to provide that (with exceptions) any person who participates in an annual program under the Agricultural Act of 1949 after January 1, 1996, who in any crop year after that date produces an agricultural commodity on converted wetland shall be in violation of such provisions and ineligible for loans or payments in an amount proportionate to the severity of the violation. Sets forth or revises provisions regarding ineligibility for loans and payments, delineation of wetland and exemptions (including a requirement that the Secretary establish a pilot program for mitigation banking of wetlands to assist owners and operators in complying with wetland conservation requirements), consultation with the Secretary of the Interior, and the effect of a reduction in benefits due to violations on affiliated persons. Amends the Consolidated Farm and Rural Development Act to bar the Secretary from placing a permanent wetland conservation or floodplain easement on any farm property after January 1, 1996. Amends the Federal Water Pollution Control Act to: (1) define "agricultural land" to mean cropland, pasture land, native pasture, rangeland, an orchard, a vineyard, an area that supports a wetland crop, and any other land that is used to produce or support the production of an annual or perennial agricultural crop, an aquaculture product, a nursery product, or a wetland crop; and (2) direct the Secretary to make all determinations concerning the presence of a wetland on agricultural land, the discharge or dredge of fill material from normal farming and ranching activities, and normal farming and ranching practices on agricultural land as provided in provisions permitting the discharge of dredged or fill material from normal farming, silviculture, and ranching activities. (Sec. 6) Revises provisions of the Act to direct the Secretary, during calendar years 1996 through 2002, to establish an environmental conservation acreage reserve program (ECARP) to be implemented through contracts and the acquisition of easements to assist owners and operators of farms and ranches to conserve and enhance soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat. Directs the Secretary to carry out ECARP by providing: (1) for the long-term protection of environmentally sensitive land; and (2) technical and financial assistance to farmers and ranchers to improve the management and operation of the farms and ranches and to reconcile productivity and profitability with protection and enhancement of the environment. Specifies that ECARP shall consist of the conservation reserve, wetlands, reserve, and environmental quality incentive programs. Directs the Secretary to designate watersheds or regions of special environmental sensitivity, including the Chesapeake Bay, Great Lakes, and Long Island Sound regions, as conservation priority areas eligible for enhanced assistance, subject to specified procedures and requirements. (Sec. 7) Revises provisions regarding the purpose and goals of the Act, including specifying that the goals of the conservation reserve program shall be to idle land only on a voluntary basis, conserve the environment, ensure respect for private property rights, and enhance wildlife and wildlife habitat. Modifies Act provisions regarding: (1) eligible lands; (2) enrollment priorities; (3) priority functions; (4) duration of contracts; (5) incidental grazing; (6) determination of annual rental payments to be paid to owners and operators for converting eligible cropland normally devoted to the production of an agricultural commodity to a less intensive use; and (7) ownership and operation requirements. Directs the Secretary, regarding such priority functions, to: (1) enroll in the conservation reserve program at least 1.5 million acres of cropland or pasture land that are contiguous or proximate to permanent bodies of water, tributaries or smaller streams, or intermittent streams that the Secretary determines significantly contribute to downstream water quality degradation; (2) accept offers to enroll up to 1.5 million acres of frequently cropped agricultural land; (3) accept offers to enroll a field containing highly erodible land if specified conditions are met; and (4) ensure that such offers to enroll acreage are accepted so as to maximize wildlife habitat benefits. (Sec. 8) Revises the purposes of the Act to include protecting wetlands for purposes of enhancing water quality and providing wildlife benefits while recognizing landowner rights. Modifies Act provisions regarding: (1) minimum enrollment (provides for enrollment in the wetlands reserve program of not more than 975,000 acres during calendar years 1991 through 2002); (2) eligibility; (3) other eligible lands; (4) easements (specifies that the development of a restoration plan, including any compatible use, shall be made through the local Natural Resources Conservation Service representative in consultation with the State technical committee); and (5) duties of the Secretary regarding easement priorities. (Sec. 9) Revises Act provisions regarding the use of the Commodity Credit Corporation (CCC) to direct the Secretary to use CCC funds, for each of FY 1996 through 2002, to carry out specified programs. Sets forth provisions regarding advance appropriations to the CCC. Makes specified funds available for the environmental quality incentives, wetland reserve, and conservation reserve programs. Sets forth provisions regarding conservation plans, acreage limitations, and tenant protection. (Sec. 11) Encourages the Secretary to promote wildlife benefits to the extent practicable and to the extent that the action does not conflict with the requirements or purposes of the programs.

Constructed Water Conveyances Reform Act of 1995

United States · United States Congress · 1 November 1995

Amends the Federal Water Pollution Control Act relating to standards for constructed water conveyance systems to list specified water use, impact, and management factors to be considered by a State when it exercises jurisdiction over constructed (manmade) water conveyances. Provides that if a State adopts or reviews water quality standards for such conveyances, it shall not be required to establish recreational, aquatic life, or fish consumption uses for such systems if such uses: (1) are not existing or reasonably foreseeable; or (2) impede the authorized use of the system.

Snowbasin Land Exchange Act of 1995

United States · United States Congress · 31 October 1995

Snowbasin Land Exchange Act of 1995 - Requires the Secretary of Agriculture, subject to specified terms and conditions, to transfer certain lands within the Cache National Forest in Utah to the Sun Valley Company in exchange for specified Company lands of approximate equal value to be added to and made a part of the National Forest System and to be administered and managed by the Secretary. Requires the Secretary to implement the Phase I Master Development Plan for the Snowbasin Ski Area dated November 14, 1995. Permits modification of such Plan at any time after such date and by mutual agreement of the Secretary and the Company. Requires the Secretary to report to specified congressional committees that implementation of the Master Development Plan provides sufficient environmental protection.

Endangered Species Habitat Protection Act of 1995

United States · United States Congress · 26 October 1995

Endangered Species Habitat Protection Act of 1995 - Amends the Internal Revenue Code to allow landowners of qualified acreage a credit, for agreement to manage such lands for the preservation of endangered species, in an amount equal to the lesser of: (1) the applicable acreage rate of the qualified acreage; or (2) $50,000. Provides for recapture of the credit if the taxpayer transfers the qualified acreage without also transferring the obligations for such acreage. Prohibits making a payment to an owner under capital gain and loss provisions if that owner has indicated an intention to claim an income tax credit or deduction for participation. Provides for a deduction for the donation of property as a conservation easement. Provides for the valuation of property which provides for the protection of endangered species. Provides an additional deduction on State and local real property taxes paid or accrued on property subject to an endangered species conservation agreement. Prohibits the deduction in certain cases. Authorizes the Secretary of the Interior to cooperate fully with the appropriate States, tribes, and other non-Federal persons, including consultation with such persons before the acquisition or interest of any land or water for the conservation of endangered and threatened species. Sets forth provisions providing for the Secretary to enter into a cooperative management agreement with non-Federal persons for the management of: (1) endangered and threatened species or group of species; or (2) a candidate species or group of candidate species. Directs that a cooperative management agreement shall remain in effect and not be required to be amended to include subsequent listing of endangered or threatened species not applicable to such agreement. Allows the Secretary to provide a habitat conservation grant to certain non-Federal persons for the purpose of conserving, preserving, or improving the habitat of endangered and threatened species. Allows a grant to be transferred to subsequent property owners.

Endangered Species Conservation Act of 1995

United States · United States Congress · 26 October 1995

Endangered Species Conservation Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise the findings, purposes, and policy of the Act. Declares it to be congressional policy to conserve endangered and threatened species and to equally consider the conservation of listed species, preservation of economic growth, maintenance of a strong tax base, and protection against the diminishment of the use and value of private property. (Sec. 3) Revises definitions under the Act, including the definition of: (1) "critical habitat" to mean the specific areas within the geographic area occupied by an endangered or threatened species, at the time the species is listed, that contain such physical or biological features as are essential to the conservation of the species and the persistence of the species for at least seven human generations (with "human generation" meaning 20 years) and as may require special management considerations or protection; and (2) "endangered species" to mean any species that, if no action were taken under the Act, would be placed on an irreversible course to extinction within two human generations, with exceptions. (Sec. 4) Modifies provisions regarding the determination of an endangered or threatened species to require the Secretary of the Interior (Secretary) to: (1) make such determination on the basis of the best scientific and commercial data available after requesting the Endangered Species Commission (established under this Act) to conduct a scientific review; and (2) give priority to species the conservation of which is most likely to reduce the need to list other species dependent on the same habitat, and consideration to species identified as a known source of pharmaceutical or agricultural biochemicals. Requires the Secretary to designate, and make revisions regarding, critical habitat on the basis of the best new scientific data available. Specifies that: (1) the information shall include data documenting the biological vulnerability of, and threats to, the species or habitat of the species; and (2) failure to so document the information shall result in a presumption that the petition is inadequate. Directs the Secretary, if such a petition is found to present the information, to: (1) provide a copy of the petition to the State having jurisdiction over the area in which the species is believed to occur; and (2) invite the determination of the State as to whether the petitioned action is warranted, promptly request the Commission to conduct a scientific review of any new information presented by the petition with respect to the status of the species, and promptly publish each finding made in the Federal Register. Sets forth or modifies provisions regarding: (1) judicial review of such findings; (2) endangered species determinations with regard to foreign species; (3) notice of regulations (requiring a readily understandable, nontechnical explanation of the reasons for and purpose of the proposed regulation, an analysis concluding that the conservation benefit outweighs any negative conservation impact of the regulation, and a summary of the findings of the assessment team based on the required review); and (4) State review of such regulations (including scientific review of conflicts between the Secretary and the affected State). Requires the Commission to conduct, at least once every five years, a review of all species included in a list of endangered or threatened species and to report the results to the Secretary. Sets forth procedures for changes in the status of a species. Repeals provisions regarding the development and implementation of recovery plans by the Secretary for the conservation and survival of listed species. (Sec. 5) Directs the Secretary, in cooperation with the States having jurisdiction over areas in which listed species are believed to occur, on the basis of the best scientific and commercial data available, and considering the options presented by the Commission, to develop and implement conservation plans to provide for the conservation of the species and the habitats on which the species depend, with exceptions. Requires the Secretary, in developing a conservation objective and plan for a foreign species, to: (1) act in a manner consistent with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Convention); and (2) cooperate with and support any conservation strategy adopted for the species by each foreign nation in which the species occurs. Directs the Secretary, Federal agencies, and the States to minimize adverse social and economic consequences and impacts on private property that may result from the implementation of conservation plans. Sets forth provisions regarding: (1) the establishment of conservation objectives; (2) schedules for conservation plan preparation; (3) priorities of plans; (4) alternative strategies; (5) procedures for the preparation of proposed and final plans; (6) publication of final plans; and (7) participation by other persons in developing and implementing such plans. Directs the Secretary to designate critical habitat that supports the conservation objective of the Secretary for the species and to revise a critical habitat designation. Permits the Secretary to elect not to designate any critical habitat for the species where the designation is not prudent or determinable. Requires that such designation or revision be made on the basis of the best scientific and commercial data available after taking into consideration the availability of substitute habitat in mitigation banks or from other sources and the economic or any other relevant impact. Directs the Secretary to exclude any area from critical habitat for which the Secretary determines that the benefits of the exclusion outweigh the benefits of designating the area as part of the critical habitat, unless the Secretary determines, on the basis of the best scientific and commercial data available, that the failure to designate the area as critical habitat will result in the extinction of the species for which the habitat is designated. Sets forth provisions regarding: (1) revision of critical habitat designation; (2) the effects of agency actions that are consistent with the conservation objective and plan; (3) alternative species protection; (4) interim management prior to publication of a final conservation plan or a conservation objective, the entering into of a cooperative management agreement, or the issuance of an incidental taking permit; (5) suspension of conservation plans or objectives; (6) reporting requirements; and (7) the standard of judicial review of agency decisions. (Sec. 6) Directs the Secretary and the Secretary of Agriculture to encourage persons to apply to exchange lands, waters, or interests therein under their jurisdiction (lands) (other than units of the National Park System, the National Wilderness Preservation System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, and the National Trails System) for lands that are not in Federal ownership and that are affected by the Act, provided that the lands to be exchanged are of approximately equal value. Sets forth provisions regarding: (1) appraisals; (2) environmental assessment; and (3) valuation. (Sec. 7) Requires the Secretary to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consulting as appropriate before seeking to acquire land for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to: (1) enter into cooperative management agreements (CMAs) with any State or group of States, political subdivision of a State, local government, or other non-Federal person for the management of a listed species, species proposed to be listed, or candidate species (i.e., species found warranted to be listed but precluded from listing because of pending proposals to list that are of a higher priority); and (2) designate any non-Federal person participating or assisting in the implementation of a CMA as a volunteer under the Fish and Wildlife Act of 1956. Directs the Secretary to provide technical assistance for the development and implementation of a CMA with a non-Federal person. Exempts the preparation, approval, and entering into of a CMA from specified requirements of the Act and of the National Environmental Policy Act of 1969. Specifies that: (1) except under extraordinary circumstances (in which case the Secretary shall have the burden of demonstrating and clearly documenting the existence of such circumstances), no additional measures to minimize and mitigate impacts on a species that is a subject of a CMA shall be required of a non-Federal party to the agreement that is in compliance with the agreement; and (2) with respect to any species that is a subject of such a CMA, under no circumstances shall a non-Federal party in compliance with the CMA be required to make any additional payment for any purpose, or accept any additional restriction on any parcel of land available for development or land management under the CMA, without the consent of the non-Federal party. Provides that a CMA shall remain in effect and shall not be required to be amended if a species to which the agreement does not apply is determined to be an endangered or threatened species. Sets forth or revises provisions regarding: (1) violations of CMAs; (2) requirements governing acquisition of water; and (3) Federal reclamation projects and contracts. Authorizes the Secretary to: (1) make grants to non-Federal persons, from appropriated funds, for the purpose of conserving, preserving, or improving habitat for an endangered or threatened species; and (2) enter into safe harbor agreements with non-Federal persons who own real property for the purpose of encouraging the voluntary management, restoration, or enhancement of non-Federal lands owned by such persons to conserve listed and candidate species. Requires the Secretary: (1) at the request of a State, to delegate to the State the authority to develop and implement a conservation plan for a listed species unless the Secretary determines that the State lacks authority and capability to carry out the requirements of the Act; and (2) to monitor the actions of States in developing and implementing conservation plans. (Sec. 8) Directs each Federal agency to ensure that any action authorized, funded, or carried out by the agency that affects any endangered or threatened species or designated critical habitat of the species is not likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) Federal agency consultation with the Secretary regarding agency actions likely to significantly and adversely affect an endangered or threatened species and regarding guidance on the consistency of an agency action with the conservation plan or objective for, an incidental taking permit for, or a CMA concerning, the species; (2) consideration of information and other law; (3) actions exempt from consultation and conferencing; (4) actions not constituting takings; (5) the resolution of conflicts between the responsibilities of a Federal agency under the Act vis-a-vis any other law, treaty, or interstate compact; (6) the use of mitigation banks; (7) risk assessment; and (8) exemptions from the Act. (Sec. 9) Directs the Secretary and the Secretary of State to act cooperatively with other nations in conserving wildlife. Prohibits such Secretaries, to the extent that the conservation programs of such nations are consistent with the Convention, from obstructing the programs of such nations unless the Secretary demonstrates good cause for the action based on adequate findings supported by substantial evidence. (Sec. 10) Directs the Secretary to limit a finding under the Convention to the purpose of the importation. Bars the Secretary from: (1) duplicating the findings required to be made by the exporting nation that is a party to the Convention except for good cause based on adequate findings supported by substantial evidence; and (2) prohibiting any act that is permitted under the Convention in issuing protective regulations with respect to a foreign species. Sets forth restrictions regarding the publishing of proposed protective regulations. (Sec. 11) Provides that an activity of a non-Federal person shall be deemed not to constitute a taking of a species if the activity: (1) is consistent with the applicable guidance of a conservation plan or objective; (2) complies with the terms and conditions of an incidental taking permit or a CMA; or (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event. Specifies that provisions prohibiting importation shall not apply to a member of a threatened species: (1) taken for scientific collection, live export for captive breeding, sport hunting, or falconry in accordance with the laws of a foreign nation that is a party to the Convention; and (2) accompanied by an export permit issued by the nation or an equivalent document. (Sec. 12) Authorizes the Secretary to permit specified activities, including: (1) the public display or exhibition of living wildlife in a manner that contributes to the education of the public about the ecological role and conservation needs of the affected species; (2) in the case of foreign species, acts that are consistent with the Convention and with conservation strategies adopted by the foreign nations responsible for the conservation of the species; and (3) acts necessary for captive propagation programs. Sets forth or revises provisions regarding: (1) the use of mitigation banks; (2) the scope of permits; (3) environmental assessments; (4) limits on additional measures required to minimize and mitigate impacts on a species that is a subject of a permit where the permittee is in compliance with the permit; (5) interim permits; (6) permit revocation; and (7) voluntary consultation by non-Federal persons. Authorizes the Secretary, after providing notice and opportunity for public hearing, to issue a general permit on a county, State, regional, or nationwide basis for any category of activities that may affect a listed species upon determining that activities in the category are similar in nature, will cause only minimal adverse effects on the species if performed separately, and will have only minimal cumulative adverse effects on the species generally. Sets forth provisions regarding: (1) educational and propagation permits; (2) the taking of species for inherently limited uses; (3) multiple species non-Federal conservation plans; (4) wildlife bred in captivity; (5) recognition of captive propagation as a means of recovery; and (6) mitigation banks. (Sec. 13) Directs the Secretary or the Secretary of the Treasury to pay reasonable and necessary costs incurred by any person in providing temporary care for any endangered or threatened fish, wildlife, or plant pending the disposition of any civil or criminal proceeding alleging a violation of the Act. Places the burden of proof on the Secretary to demonstrate that a specimen belongs to a species that has been determined to be an endangered or threatened species under the Act or that is included in an Appendix to the Convention. Prohibits the Secretary from detaining a specimen for a period of longer than 30 days for identification purposes, unless the specimen has been substantially changed from the natural appearance of the specimen, in which case it may be retained for an additional 30 days. Requires the specimen to be released if it cannot be identified within that period. Specifies that no refusal of entry, seizure of evidence, or other enforcement action may take place under the Act if the action is based solely on a notification under the Convention or on a resolution of the Conference of the Parties to the Convention. Authorizes any person to: (1) commence a civil suit to remedy any violation of, or regulation issued under, the Act by the United States or any U.S. agency or official or to challenge the Act or a regulation issued thereunder or the implementation thereof; and (2) intervene as a matter of right in any suit brought under the Act that threatens to cause injury to, or relates to any injury sustained by, the person and grants such person the same right to present argument and to accept or reject potential settlements as the parties to the suit have. (Sec. 14) Requires the Commission to review and report to the Secretary on species of plants that, as of the date of this section's enactment, are or may become endangered or threatened within any State and that are known to produce pharmaceutical or agricultural biochemicals. (Sec. 15) Establishes the Endangered Species Commission. Requires the Commission to: (1) study the activities of the United States under laws and international conventions relating to endangered and threatened species, including the Convention and the Act; (2) make recommendations to, and consult with, the Secretary and other Federal officials concerning such measures as the Commission considers necessary or desirable for the protection and conservation of such species, including a range of options; and (3) conduct such scientific reviews and analyses as the Secretary requests or as are otherwise required to be conducted under this Act. Directs the Commission, upon receipt of a request from the Secretary for a scientific review or assessment regarding such a species, to establish an assessment and planning team and, within 30 days, to establish and arrange for the provision of technical assistance to such a team to assist the Commission in making required assessments by providing it with the best scientific and commercial data available and data that have been peer reviewed and verified by field testing. Sets forth provisions regarding: (1) the Commission's response to assessment and planning team recommendations; and (2) reporting requirements. (Sec. 16) Directs the Secretary to provide 30 days' notice of any hearing or other public meeting at which public comment is accepted under the Act. (Sec. 17) Requires the Secretary to: (1) balance achieving the conservation objective for a species and ensuring continuing economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment of the use and value of property; and (2) seek, along with the heads of all other Federal agencies and other Federal officials, to minimize the adverse impacts on the use and value of private property resulting from any requirements imposed on the property. (Sec. 18) Directs the Secretary to: (1) identify methods of alternative dispute resolution (ADR) that may be used for rulemaking to develop standards, rules, and guidelines for the listing or monitoring of species, conservation planning, safe harbor agreements with non-Federal persons, and other specified purposes; and (2) develop and implement a pilot program for ADR to be used for such purposes as consistent with the Negotiated Rulemaking Act of 1990 and the Administrative Dispute Resolution Act. Requires the Secretary to: (1) provide regular training for all employees involved in developing and implementing such program; and (2) evaluate the program and submit a report including recommendations for a permanent program to the Congress and the Administrative Conference of the United States. (Sec. 19) Sets forth provisions regarding Federal cost-sharing requirements for conservation obligations. (Sec. 20) Entitles a non-Federal property owner to receive compensation if a Federal agency takes action under the Act that results in a diminishment of value of any portion of the non-Federal property of the owner. Sets forth provisions regarding: (1) the amount of compensation, a duty of notice to owners, requests for compensation, offers by the Secretary, and responses by property owners; (2) arbitration; (3) civil actions; (4) the source of payment; (5) U.S. obligations to make payment subject to the availability of appropriations; and (6) administrative provisions. (Sec. 21) Authorizes appropriations. Directs the Secretary to study potential revenue sources for a biodiversity trust fund to be used both for domestic endangered and threatened species protected under the Act and for foreign species subject to the Convention. Sets forth reporting requirements. (Sec. 22) Sets: (1) priorities for the development, and a schedule for the adoption, of conservation plans for listed species without recovery plans; and (2) priorities and a schedule for revision of existing plans. Prohibits the Secretary or the head of any other Federal agency from requiring any increase in any measurable criterion contained in a final recovery plan, or any site specific management action in addition to the criteria provided in a final recovery plan, until a conservation plan or conservation objective has been published. Directs the Secretary, in conjunction with the issuance of a conservation plan or objective, to review and reissue certain written opinions of the Secretary relating to the affected species that were issued after January 1, 1995, under the Act.

To transfer the Tatum Salt Dome property to the State of Mississippi to be designated by the State as the Jamie Whitten Wilderness Area.

United States · United States Congress · 26 October 1995

Requires the Secretary of Energy to transfer, without compensation, the Tatum Dome Test Site to the State of Mississippi after certification from the Administrator of the Environmental Protection Agency and the State that any contamination of such property has been remedied in accordance with applicable Federal and State laws and regulations. Subjects such transfer to retention by the United States of the following: (1) the subsurface estate below the depth of 2700 feet below sea level unless a lesser depth is agreed upon by the Secretary; (2) rights of access for monitoring wells for sampling; and (3) the right to install wells additional to those identified in the remediation plan to the extent deemed necessary by the Secretary to monitor potential pathways of contaminant migration.

Conservation Consolidation and Regulatory Reform Act of 1995

United States · United States Congress · 26 October 1995

TABLE OF CONTENTS: Title I: Reestablishment of Soil Conservation Service Title II: Consolidation of Conservation Financial Assistance Programs of the Department of Agriculture Subtitle A: Agricultural Conservation Assistance Program Subtitle B: Conforming Amendments Title III: Water Quality Conservation Program for Livestock Operations Title IV: Highly Erodible Cropland Conservation Title V: Environmental Conservation Acreage Reserve Program Title VI: Miscellaneous Provisions Conservation Consolidation and Regulatory Reform Act of 1995 - Title I: Reestablishment of Soil Conservation Service - Amends the Department of Agriculture Reorganization Act of 1994 (Reorganization Act) to replace provisions regarding the Natural Resources Conservation Service (NRCS) with provisions reestablishing the Soil Conservation Service (SCS) as an agency within the Consolidated Farm Service Agency (CFSA) of the Department of Agriculture (Department). Sets forth provisions regarding: (1) the functions of SCS; and (2) special consultation requirements for certain functions, such as requiring the Secretary of Agriculture to ensure that officials of county and area committees established under the Soil Conservation and Domestic Allotment Act (SCDAA)(county committees) meet annually with officials of Soil and Water Conservation Districts or similar organizations established under State law to consider local conservation priorities and guidelines. (Sec. 102) Revises the Reorganization Act to authorize the Secretary to use: (1) CFSA to provide financial assistance under the Agricultural Conservation Assistance Program and the Livestock Water Quality Conservation Program established under the Conservation Consolidation and Regulatory Reform Act of 1995; and (2) SCS to provide technical assistance under such programs. (Sec. 103) Directs the Secretary to transfer to SCS: (1) all of the records, property, and personnel of NRCS; and (2) the unexpended balances of appropriations, allocations, or other funds of NRCS. Title II: Consolidation of Conservation Financial Assistance Programs of the Department of Agriculture - Subtitle A: Agricultural Conservation Assistance Program - Directs the Secretary to carry out an Agricultural Conservation Assistance Program to provide technical and financial assistance to the owners and operators (owners) of private agricultural lands who request such assistance to plan, develop, and implement structural practices applicable to such lands and intended to effectuate specified purposes such as erosion control, water conservation, water quality improvement in rural America, and wildlife habitat improvement. Requires the Secretary to provide technical and financial assistance under the Program on the basis of a contract with an owner of agricultural lands. Sets forth provisions regarding: (1) contract requirements; (2) approval of county committees; (3) contract terms; and (4) owner responsibilities. (Sec. 203) Provides that, to be eligible to enter into a contract under the Program, an owner must prepare and submit to the Secretary for approval a plan of farming operations or land use practices which incorporates specified soil and water conservation practices and principles and outlines a schedule of proposed changes in cropping systems or land use to be carried out during the contract period. Directs the Secretary, in considering a cost-share plan for approval, to consult with SCS and the local soil and water conservation district. Sets forth plan requirements. (Sec. 204) Sets forth provisions regarding: (1) criteria in determining the level of assistance to be provided under a contract under the Program; (2) a 50 percent maximum Federal cost-share requirement; (3) a $5,000 per person limit on financial assistance; (4) time for payment; and (5) treatment of payments. (Sec. 205) Authorizes the Secretary to terminate a contract entered into with an owner under the Program if the owner agrees to such termination or violates the terms and conditions of the contract. Requires the owner, upon: (1) the violation of a term or condition of the contract, to refund any cost-sharing payment already received and forfeit any future payments under the contract; (2) the transfer of the right and interest of an owner in land subject to the contract, to refund all cost-sharing payments received unless the transferee of the right and interest agrees to assume all of the owner's obligations under the contract. (Sec. 206) Authorizes appropriations for FY 1996 through 2002. (Sec. 207) Sets forth provisions regarding: (1) interim administration pending implementation of the Program; and (2) issuance of final regulations. Subtitle B: Conforming Amendments - Repeals: (1) the Great Plains Conservation Program and the Agricultural Conservation Program under the SCDAA; (2) the Critical Lands Resource Conservation Program in the Great Plains area under the Food and Agriculture Act of 1977 (FAA); (3) the Colorado River Basin Salinity Control Program under the Colorado River Basin Salinity Control Act; (4) the Rural Environmental Conservation Program under the Agricultural Act of 1970; (5) Water Quality Incentive Projects, the Control of Weeds and Pests Program, and the Tree Planting Initiative under the Food Security Act of 1985 (FSA); (6) the Integrated Farm Management Program Option under the Food, Agriculture, and Trade Act of 1990; (7) the Special Areas Conservation Program and Reservoir Sedimentation Program under the Agriculture and Food Act of 1981; (8) Small Watershed Easement Purchase Authority under the Watershed Protection and Flood Prevention Act; (9) Financial Assistance Programs under the Cooperative Forestry Assistance Act of 1978; and (10) the Water Bank Act. Title III: Water Quality Conservation Program for Livestock Operations - Directs the Secretary, during FY 1996 through 2002, to carry out a Livestock Water Quality Conservation Program to provide technical and financial assistance to the owners of livestock operations who request such assistance to plan, develop, and implement structural practices in connection with such livestock operations intended to protect or improve water quality and enhance environmental protection. Requires the Secretary (subject to specified requirements) to provide assistance under the Program on the basis of a contract between the Secretary and an owner of a livestock operation. Prohibits the Secretary from entering into a contract with an operator who is not also owner of the livestock operation unless the actual owner concurs in the contract. Requires the owner, to be eligible to enter into a contract, to have an approved water quality plan. Sets forth provisions regarding: (1) types of assistance; (2) application and term of the contract; (3) the contracting process, including approval of the county committee and directing the Secretary to administer a competitive offer system for owners of livestock operations proposing to receive cost-sharing payments in exchange for the implementation of structural practices; and (4) owner responsibilities. (Sec. 303) Limits the Federal share of cost-sharing payments under a contract under the Program to implement one or more structural practices to 50 percent of the total cost of the practice or practices, as determined by the Secretary. Authorizes the Secretary to further reduce the Federal share on account of payments received by the owner from a State or local government for the same structural practice. Sets forth provisions regarding: (1) the effect of other payments; (2) technical assistance; (3) non-Federal assistance; (4) limits on payments; and (5) treatment of payments. (Sec. 304) Directs the Secretary: (1) to provide assistance under the Program to owners of livestock operations in a region, watershed, or conservation priority area based on the significance of the water quality needs and the structural practices that best address the needs; (2) in providing assistance under the Program, to accord a higher priority to assistance and payments that maximize environmental benefits per dollar expended; and (3) to accord a higher priority to owners of livestock operations located within watersheds, regions, or conservation priority areas in which State or local governments provide financial or technical assistance for the same conservation or environmental purposes and to structural practices for lands on which livestock production has been determined to contribute to or create the potential for failure to meet applicable water quality standards or other environmental objectives of a Federal or State law. (Sec. 305) Sets forth provisions regarding: (1) required water quality plans; and (2) modification and termination of contracts. (Sec. 307) Directs the Secretary to: (1) allocate $380 million of Commodity Credit Corporation funds for the seven-fiscal year period beginning on October 1, 1995, to carry out the Program (and, if for any fiscal year the Secretary has incurred total contractual obligations to make payments under the Program that would exceed such sum, to prorate all payments owed under the Program for that fiscal year); and (2) issue regulations to implement the Program. Title IV: Highly Erodible Cropland Conservation - Amends the FSA to define: (1) "conservation plan" to mean the document that applies to highly erodible cropland, that implements the conservation system applicable to such highly erodible cropland and contains the decisions of the person regarding location, land use, tillage systems, and conservation treatment measures and schedule, and that is approved by the local soil conservation district in consultation with the county committees and the Secretary or by the Secretary; and (2) "conservation system" to mean a combination of one or more conservation measures or management practices that are based upon local resource conditions, available conservation technology, and the standards and guidelines contained in the SCS field office technical guides and that are designed to achieve, in a cost effective and technically practicable manner, a substantial reduction in soil erosion or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland when compared to the level of erosion or soil conditions that existed before the application of the conservation measures and management practices. Revises the definition of "field" to mean a part of a farm which is separated from the balance of the farm by permanent boundaries such as fences, roads, permanent waterways, or other similar features. Specifies that at the option of the owner or operator of the farm, croplines may also be used to delineate a field if farming practices make it probable that such croplines are not subject to change. Requires the Secretary to publish in the Federal Register the universal soil loss equation and wind erosion equation used by the Department as of a specified date. Prohibits the Secretary from changing such equations thereafter except following certain notice and comment requirements. (Sec. 402) Amends the FSA to direct the Secretary to ensure that the standards and guidelines contained in SCS field office technical guides applicable to the development and use of conservation measures and management practices as part of a conservation system permit a person to use a conservation system that: (1) is technically and economically feasible based on local resource conditions and available conservation technology and cost-effective; and (2) does not cause undue economic hardship on the person applying the conservation system under the person's conservation plan. Sets forth provisions regarding: (1) measurement of erosion reduction; (2) residue measurement; (3) certification of compliance; (4) technical assistance; and (5) encouragement of on-farm research. Amends the Reorganization Act to authorize the CFSA, in the case of a technical determination of the SCS regarding use of a conservation system under the FSA, to overrule the determination if strict application causes undue economic hardship on the person using the conservation system. Amends the FSA to direct the Secretary to permit persons to secure technical assistance from sources other than the SCS in the preparation and application of a conservation compliance plan or similar plan required as a condition for assistance from the Department. Requires that if the Secretary rejects a technical determination made by a source other than the SCS, the basis of the Secretary's determination must be supported by clear and convincing evidence. (Sec. 403) Amends the FSA to require the Secretary to establish expedited procedures for the consideration and granting of temporary variances from conservation plans. (Sec. 404) Revises FSA provisions to provide for: (1) a one-year grace period in which to resume conservation compliance where a person has acted in good faith and without intent to violate the FSA; and (2) special penalties regarding highly erodible cropland that was not in production prior to December 23, 1985. (Sec. 405) Limits program ineligibility for failure to actively apply or comply with a conservation plan to those benefits that relate to agricultural commodities produced on the field that is the basis for such ineligibility determination. Permits the Secretary, in the case of egregious and repetitive violations, to expand such ineligibility to include benefits with respect to agricultural commodities produced on fields other than the field that is the basis for the ineligibility determination, as deemed appropriate by the Secretary. Specifies that no person shall be ineligible for such program benefits as a result of the failure of such person to actively apply or comply with the person's conservation plan with respect to acreage that is not eligible for that type of benefits. (Sec. 406) Revises FSA exemption provisions with respect to conservation reserve lands to provide that a person who owns or operates highly erodible land that was the subject of a contract under that Act shall only be required to apply a conservation plan established under such Act and the person shall not be required to meet a higher conservation standard than that applied to other highly erodible cropland located within the same area. (Sec. 407) Requires Department employees who observe possible compliance deficiencies or other potential violations of a conservation plan or Act provision while providing on-site technical assistance to provide to the responsible persons, within 45 days, information regarding those actions needed to comply. Directs such employees to provide such information in lieu of reporting the observations as compliance violations and to attempt to correct such deficiencies as soon as practicable (and if corrective action is not fully implemented within one year, a review of the status of compliance of the person with the conservation plan may then be conducted). Sets forth provisions regarding: (1) notice of possible violations; (2) investigation of notifications; and (3) notification requirements regarding the subject of the complaint. (Sec. 408) Authorizes the Secretary, at the request of a county committee, to establish a producer advisory committee in such county or area for the purpose of consulting with such county committee, conservation district board, SCS field office, and State conservationist in the development of reasonable and practical solutions to resource management goals and the establishment of conservation systems, measures, and practices that meet specified criteria. Requires the members of the producer advisory committee to be appointed by the Secretary from nominees submitted by the county committee making the request. Title V: Environmental Conservation Acreage Reserve Program - Revises FSA provisions to require the owner of land, to be eligible to place such land into a wetland reserve, to enter into a contract with the Secretary to implement a wetland conservation plan for the restoration and protection of the functional wetland values of the land placed in the reserve. Specifies that the wetland conservation plan for land placed into the wetland reserve shall provide for the efficient and effective restoration of the functional values of wetlands and shall permit: (1) repairs, improvements, and inspections on such land that are necessary to maintain existing public drainage systems if such land is subsequently restored to the condition required by the terms of the contract; and (2) the landowner to control public access on such land while identifying access routes to be used for wetland restoration activities, management, and monitoring. Prohibits: (1) the alteration of wildlife habitat and other natural features of such land, unless specifically permitted by the plan; (2) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is permitted by the plan or is necessary to comply with Federal or State noxious weed control laws or an emergency pest treatment program; (3) any activities to be carried out on such participating landowner's or successor's land that is immediately adjacent to, and functionally related to, the land that is placed in the wetland reserve if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and (4) the adoption of any other practice that would tend to defeat the purposes of the Act. Sets forth provisions regarding: (1) the development of a wetland conservation plan; (2) the duties of owners and operators; (3) compatible uses; (4) the period of a contract; (5) payments under the contract; and (6) violations. Modifies FSA provisions to require the Secretary, in making cost share payments, to pay the owner 50 percent of the cost of carrying out the conservation and wetland measures and practices for which the assistance is provided. (Sec. 502) Repeals: (1) a wetlands reserve program requirement that the Secretary of Agriculture consult with the Secretary of the Interior at the local level and specified other consultation requirements; and (2) the environmental easement program. Revises the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize the Secretary of Agriculture, during calendar years 1996 through 2000, to extend up to ten years contracts entered into before November 28, 1990, under the FSA's conservation reserve program, at the option of the owner or operator on land that the Secretary has determined under a specified study should remain in conserving uses. (Sec. 504) Sets forth provisions regarding the effect of this title on existing easements. Title VI: Miscellaneous Provisions - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to provide that provisions regarding the National Forest System shall not be: (1) construed to supersede, abrogate, or otherwise impair any right or authority of a State (impair any right) to allocate quantities of water; or (2) implemented, enforced, or construed to allow any U.S. officer or agency to utilize its authorities to impose any requirement not imposed by the State which would impair any right to the use of water resources allocated under State law, interstate water compact, or Supreme Court decree or held by the United States for use by a State, its political subdivisions, or its citizens. Amends the Federal Land Policy and Management Act of 1976 to make analogous changes with respect to the authorities of the Bureau of Land Management vis-a-vis land use planning. Prohibits any Federal agency from requiring as a condition of, or in connection with, the granting, issuance, or renewal of a right-of-way a restriction on the operation, use, repair, or replacement of an existing water supply facility located on or above National Forest lands or the exercise and use of existing water rights if such condition would: (1) reduce the quantity of water which would otherwise be made available for use by the owner of such facility or water rights; or (2) cause an increase in the cost of the water supply provided from such facility. Repeals provisions of: (1) the FSA regarding State technical committees; (2) the Federal Noxious Weed Act of 1974 regarding management of undesirable plants on Federal lands; (3) the Food, Agriculture, Conservation, and Trade Act of 1990 regarding a composting research and extension program and administration of environmental programs; and (4) the Farms for the Future Act of 1990.

Common Sense Balanced Budget Act of 1995

United States · United States Congress · 25 October 1995

TABLE OF CONTENTS: Title I: Energy, Natural Resources and Environment Subtitle A: Energy Subtitle B: Central Utah Subtitle C: Army Corps of Engineers Subtitle D: Helium Reserve Subtitle E: Territories Title II: Agricultural Programs Subtitle A: Extension and Modification of Various Commodity Programs Subtitle B: Sugar Subtitle C: Peanuts Subtitle D: Tobacco Subtitle E: Planting Flexibility Subtitle F: Miscellaneous Provisions Title III: Commerce Title IV: Transportation Title V: Housing Provisions Title VI: Indexation and Miscellaneous Entitlement-Related Provisions Title VII: Medicaid Reform Subtitle A: Per Capita Spending Limit Subtitle B: Medicaid Managed Care Subtitle C: Additional Reforms of Medicaid Acute Care Program Subtitle D: National Commission on Medicaid Restructuring Subtitle E: Restrictions on Disproportionate Share Payments Subtitle F: Fraud Reduction Title VIII: Medicare Subtitle A: Medicare Choice Program Subtitle B: Provisions Relating to Regulatory Relief Subtitle C: Medicare Payments to Health Care Providers Subtitle D: Provisions Relating to Medicare Beneficiaries Subtitle E: Medicare Fraud Reduction Subtitle F: Improving Access to Health Care Subtitle G: Other Provisions Subtitle H: Monitoring Achievement of Medicare Reform Goals Subtitle I: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions Subtitle J: Clinical Laboratories Title IX: Welfare Reform Subtitle A: Temporary Employment Assistance Subtitle B: Make Work Pay Subtitle C: Work First Subtitle D: Family Responsibility and Improved Child Support Enforcement Subtitle E: Teen Pregnancy and Family Stability Subtitle F: SSI Reform Subtitle G: Food Assistance Subtitle H: Treatment of Aliens Subtitle I: Earned Income Tax Credit Title X: Reductions in Corporate Tax Subsidies and Other Reforms Subtitle A: Tax Treatment of Expatriation Subtitle B: Modification to Earned Income Credit Subtitle C: Alternative Minimum Tax on Corporations Importing Products into the United States at Artificially Inflated Prices Subtitle D: Tax Treatment of Certain Extraordinary Dividends Subtitle E: Foreign Trust Tax Compliance Subtitle F: Limitation on Section 936 Credit Title XI: Veterans' Affairs Subtitle A: Permanent Extension of Temporary Authorities Subtitle B: Other Matters Subtitle C: Health Care Eligibility Reform Title XII: Legislative Branch Title XIII: Miscellaneous Provisions Title XIV: Budget Process Provisions Subtitle B(sic): Discretionary Spending Limits Subtitle C: Pay-As-You-Go Procedures Subtitle D: Miscellaneous Subtitle E: Deficit Control Subtitle F: Line Item Veto Subtitle G: Enforcing Points of Order Subtitle H: Deficit Reduction Lock-box Subtitle I: Emergency Spending; Baseline Reform; Continuing Resolutions Reform Subtitle J: Technical and Conforming Amendments Subtitle K: Truth in Legislating Common Sense Balanced Budget Act of 1995 - Title I: Energy, Natural Resources and Environment - Subtitle A: Energy - 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. 1101) States that one purpose of this Act is to ensure that privatization of the U. S. 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 USEC shall abide by the terms of the collective bargaining agreement in effect on the privatization date at each individual facility. Permits employees who transfer to 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. 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 profit-making basis. Prescribes guidelines under which the Department of Energy (DOE) shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste. States that, as of the privatization date, all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization date shall be direct liabilities of, and judgments against, the United States. Authorizes the Secretary of Energy to transfer raw and enriched uranium to USEC before the privatization date without charge. Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Prohibits the Secretary from allowing the privatization of USEC by means of a public offering unless the Secretary determines that the estimated gross proceeds from the USEC sale will be an adequate amount. Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of a 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. Mandates termination of any USEC license if privatization results in its being owned, controlled or dominated by a foreign entity or otherwise inimical to the security of the United States. Precludes USEC from implementing the privatization plan less than 60 days after the date that the Comptroller General presents an evaluation of the plan to the Congress. Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. Authorizes the licensing of Corporation facilities using AVLIS technologies for uranium enrichment. (Sec. 1102) Amends the Omnibus Budget Reconciliation Act of 1990 to repeal the termination date for Nuclear Regulatory Commission authority to assess annual charges (thus making such authority permanent). (Sec. 1103) Amends the National Energy Conservation Policy Act to repeal the exclusion of cogeneration process from the definition of "energy savings". (Sec. 1104) Authorizes the Director of the Federal Emergency Management Agency to assess and collect radiological emergency preparedness fees. Subtitle B: Central Utah - Amends the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of a specified repayment contract with the Central Utah Water Conservancy District regarding municipal and industrial water delivery facilities. Subtitle C: Army Corps of Engineers - Establishes the Army Civil Works Regulatory Program Fund as a repository for certain regulatory fees established by the Secretary of the Army. Subtitle D: Helium Reserve - Helium Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store, transport, and sell crude helium; and (4) maintain and operate existing crude helium storage 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. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Identifies circumstances under which the Secretary must meet a certain deadline for the elimination of helium stockpiles. Repeals the Secretary's authority to borrow under the Helium Act. Subtitle E: Territories - Terminates annual direct financial assistance to the Government of the Northern Mariana Islands. Title II: Agricultural Programs - Agricultural Reconciliation Act of 1995 - Subtitle A: Extension and Modification of Various Commodity Programs - Amends the Agricultural Act of 1949 (Act) to extend loan, payment, and acreage reduction programs for wheat (including the food security wheat reserve), feed grains, cotton (including cottonseed and cottonseed oil), and rice. Extends loan and payment programs for oilseeds. (Sec. 2106) Revises specified wheat, feed grains, upland cotton, and rice deficiency payment provisions (flex acres and 50-85 and 0-85 programs). Subtitle B: Sugar - Amends the Agricultural Act of 1949 to extend and set forth sugar price support provisions. Establishes the sugarcane target price at 18 cents per pound. Subtitle C: Peanuts - Amends the Agricultural Act of 1949 to extend the peanut price support program. (Sec. 2302) Amends the Agricultural Adjustment Act of 1938 to extend and revise peanut national poundage quota and acreage allotment provisions, including specified provisions regarding Texas and New Mexico. (Sec. 2303) Revises sale, lease, or transfer of farm poundage quota provisions. Provides for: (1) quota transfers to other self-owned farms within the same State; and (2) quota sales within a State having quotas of 10,000 tons or more. (Sec. 2304) Subjects reentered (after export) peanut products made from additional peanuts to specified marketing penalties. (Sec. 2305) Amends the Agricultural Act of 1949 to limit price support rate increases or decreases. Establishes a special rule regarding New Mexico pools. Requires that all domestic and export peanuts comply with specified quality standards. (Sec. 2306) Requires an annual quota peanut producer referendum regarding the poundage quota. Subtitle D: Tobacco - Amends the Agricultural Act of 1949 to extend tobacco marketing assessment authority. States that such fees shall be used to pay for other tobacco programs not covered by user fees or other specified assessments or contributions. (Sec. 2402) Amends the Agricultural Adjustment Act of 1938 to revise farm acreage allotment and marketing quota reduction provisions. (Sec. 2403) Makes a specified farm reconstitution provision applicable to burley (burley) tobacco. (Sec. 2404) Reduces a certain percentage threshold regarding disaster-transfer of flue-cured (flue-cured) tobacco quotas. (Sec. 2405) Amends the Agricultural Act of 1949 to expand the tobacco types subject to no net cost assessment. (Sec. 2406) Amends the Tobacco Adjustment Act of 1938 to repeal certain tobacco export reporting requirements. (Sec. 2407) Amends the Agricultural Adjustment Act of 1938 to repeal certain flue-cured and burley marketing quota reduction provisions. (Sec. 2408) Amends the Tobacco Inspection Act to provide for civil penalties and cease and desist orders for violations of such Act. Grants U.S. district courts jurisdiction in such matters. (Sec. 2409) Amends the Agricultural Adjustment Act of 1938 to permit flue-cured or other tobacco quota or allotment transfers across within-State county lines if approved by producer referendum. Eliminates certain burley quota transfer provisions for Tennessee and Virginia. (Sec. 2410) Eliminates certain tobacco exports from flue-cured and burley national marketing quota calculations. (Sec. 2412) Revises certain burley marketing quota lease and transfer provisions. (Sec. 2413) Increases maximum acreage transfers. (Sec. 2414) States that performance rendered in good faith reliance upon Department of Agriculture advice or actions may be accepted as meeting appropriate marketing quota requirements. (Sec. 2415) Harmonizes certain flue-cured and burley sales dates. (Sec. 2416) Authorizes a recent farm purchaser to sell burley or flue-cured marketing quotas within one year of such purchase. Subtitle E: Planting Flexibility - Amends the Agricultural Act of 1949 to state that a farm's total acreage base shall equal the sum of the farm's acreage bases for acreage reduction enrolled crops. (Sec. 2503) Revises planting flexibility provisions. (Sec. 2504) Bases 1996 through 2002 farm program payment yields on the 1995 crop year. Subtitle F: Miscellaneous Provisions - Amends the Food Security Act of 1985 to reduce the maximum amount of deficiency and land diversion payments. (Sec. 2602) Expresses the sense of the Congress that the Secretary of Agriculture and the United States Trade Representative should intensify efforts to resolve the Canadian potato trade concerns and to begin to consider dispute resolution actions under the North American Free Trade Agreement or the General Agreement on Tariffs and Trade. Title III: Commerce - Amends the Communications Act of 1934 (the Act) to state that certain competitive bidding requirements shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC): (1) that, as the result of the FCC carrying out specified obligations, are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital television (TV) services assigned by the FCC to existing terrestrial broadcast licensees to replace their current TV licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits. Requires the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate, span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) as of this Act's enactment date, have not been designated by FCC regulation for assignment or identified by the Secretary of Commerce pursuant to provisions of the National Telecommunications and Information Administration Organization Act (NTIAO Act). Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2001. Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication and the needs of public safety radio services; and (3) comply with the requirements of international agreements concerning spectrum allocations. Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and that are allocated for Federal Government use but that could be reallocated pursuant to the NTIAO Act. Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to this Act, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Federal Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice. Requires the FCC to commence the Broadband Personal Communications Services C-Block auction (described in the FCC's Sixth Report and Order) not later than December 4, 1995. Ratifies and adopts the FCC's competitive bidding rules governing such auction. Sets forth or revises provisions regarding: (1) modification of auction policy to preserve the auction value of the spectrum; (2) identification and reallocation of auctionable frequencies; and (3) allocation and assignment of frequencies identified in the second reallocation report. (Sec. 3102) Amends the Act to direct the FCC, for FY 1996 and thereafter, to modify the application fees so that total collections for the fiscal year equal $40 million plus the amount of necessary expenses for costs related to application processing which exceeds $40 million. Directs the FCC to notify the Congress of any proposed and adopted modifications. Requires $40 million from FCC application fees to be deposited into the Treasury and used for application processing and related expenses of the FCC. Revises the schedule of application fees for personal communications services and amateur vanity call signs under the Act. Specifies that moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out FCC functions. Sets forth or revises provisions regarding: (1) recovery of executive and legal costs incurred by the FCC; (2) establishment and adjustment of fees; (3) regulatory fees for satellite TV operations; and (4) governmental entities use for common carrier purposes. Directs the FCC to: (1) develop accounting systems for making adjustments authorized by the Act; and (2) annually prepare and submit to the Congress an analysis of such systems and afford interested persons the opportunity to submit comments concerning the allocation of costs, the application, and regulatory fee adjustments. (Sec. 3103) Prohibits the FCC from: (1) renewing any analog TV license for a period that extends beyond the earlier of December 31, 2005, or one year after the date the FCC finds (based on annual surveys) that at least 95 percent of households in the United States have the capability to receive and display video signals, other than video signals transmitted pursuant to an analog TV license; or (2) issuing, after such date, any TV licenses other than advanced TV licenses. Directs the Secretary, each calendar year from 1998 to 2005, to conduct a survey to estimate the percentage of households in the United States that have the capability to receive and display video signals other than those transmitted pursuant to an analog TV license. Requires the FCC to: (1) ensure that, as analog TV licenses expire, the spectrum previously used for the broadcast of analog TV signals is reclaimed and reallocated so as to maximize the deployment of new services (and directs that licensees for new services be selected by competitive bidding); and (2) complete the competitive bidding procedure by May 1, 2002. Directs the FCC to establish procedures to ensure that, within the year prior to the reversion date, the advanced TV licensees provide each requesting household with the capability to receive and display video signals for advanced TV services. Requires: (1) each advanced TV service licensee to provide, for a minimum of five years from such date, at least one nonsubscription video service that meets or exceeds minimum technical standards established by the FCC; and (2) the FCC, to the extent technically feasible, to ensure that picture and audio quality are at least as good as that provided to recipients within the Grade B contour of an analog TV license and to revoke the license of any advanced TV licensee who fails to meet this condition of the license. (Sec. 3104) Amends the Omnibus Budget Reconciliation Act of 1990 to extend Patent and Trademark Office user fees through 2002. Sets amounts of surcharges to be collected in FY 1999-2002. (Sec. 3105) Repeals the authorization of transitional appropriations for the Postal Service. Specifies that liabilities of the former Post Office Department to the Employees' Compensation Fund shall be liabilities of the Postal Service payable out of the Fund. Title IV: Transportation - Amends Federal transportation law to make permanent the mandate for the imposition of railroad safety fees on railroad carriers. (Sec. 4102) Amends Federal shipping law to make permanent the mandate for the imposition of tonnage duties on certain vessels. (Sec. 4103) Directs the Administrator of General Services to sell at fair market value all rights, title, and interests of the United States in and to the land of, and improvements to, Governors Island, New York. Grants the State of New York and the city of New York the right of first refusal to purchase all or part of such Island. (Sec. 4104) Directs the Administrator to sell at fair market the air rights adjacent to Washington Union Station, including certain air rights to be conveyed to the Administrator by the National Railroad Passenger Corporation (AMTRAK). Directs AMTRAK, as a condition of future Federal financial assistance, to convey such rights, at no charge, on or before December 31, 1995. Title V: Housing Provisions - Amends the United States Housing Act of 1937 to make the reduction of section 8 annual rent adjustment factors for units without tenant turnover permanent. Amends the National Housing Act to revise the maximum mortgage amount floor for single family mortgage insurance. Revises mortgage foreclosure avoidance and borrower assistance provisions, including: (1) authorizing a partial claim payment program for up to 12 months' equivalent payments; and (2) establishment of an assignment program. Title VI: Indexation and Miscellaneous Entitlement-Related Provisions - Amends the Internal Revenue Code to revise section one provisions so as to provide for a reduction in the annual consumer price index formula used in determining the cost-of-living adjustment of the tax tables through the calendar year 2002. Amends title XX (Block Grants to States for Social Services) of the Social Security Act to: (1) provide for a reduction in block grants beginning with FY 1996; and (2) provide that each State shall be annually entitled to an amount equal to the lesser of 80 percent of the total it spends for services which are directed towards achieving the stated purposes of the title or the State's allotment. Provides for the denial of unemployment compensation to: (1) individuals with income in excess of $120,000 for the most recent taxable year; and (2) individuals who voluntarily leave military service. Title VII: Medicaid Reform - Subtitle A: Per Capita Spending Limit - Amends title XIX (Medicaid) of the Social Security Act (SSA) to specify a limit on the total amount of State expenditures for medical assistance for which Federal financial participation may be made under Medicaid in a fiscal year beginning in FY 1997, according to a prescribed formula based on certain categories of Medicaid beneficiaries. Directs the Secretary of Health and Human Services (HHS) to establish for each State a per capita medical assistance limit for each such category and for administrative expenditures for a fiscal year according to a certain formula that accounts for inflation. Requires the Secretary to notify each State before the beginning of each fiscal year of the per capita limits established for the State for the fiscal year. Exempts certain State expenditures under Medicaid from being subject to such limits and from being taken into account in establishing them. Provides for certain adjustments to such per capita limits, and outlines enforcement provisions for assuring that payments to the States are consistent with them. Places certain restrictions on the authority of States to apply less restrictive income and resource methodologies for making certain eligibility determinations under Medicaid. Subtitle B: Medicaid Managed Care - Repeals certain barriers to: (1) authorize States to require certain Medicaid-eligible individuals to enroll with an eligible managed care provider of their choice under contract with the State to furnish them with all medically necessary assistance as a condition of receiving Medicaid assistance; and (2) add anti-fraud and sanctions requirements applicable to eligible managed care providers. (Sec. 7105) Provides for assuring adequacy of payments to Medicaid managed care plans and providers. (Sec. 7107) Requires the Secretary to report to specified congressional committees on the effect of risk contracting entities and primary care case management entities on the delivery of and payment for public health services. (Sec. 7108) Requires the Secretary and the Comptroller General to analyze and submit reports annually to specified congressional committees on rates paid for hospital services under coordinated care programs provided for under this subtitle. Subtitle C: Additional Reforms of Medicaid Acute Care Program - Revises provisions governing the use of enrollment fees, premiums, deductions, cost-sharing, and similar charges in order to permit increased flexibility in Medicaid cost-sharing. (Sec. 7202) Requires the Secretary to define, by regulation promulgated after consultation with States and organizations representing health care providers, those treatment services, in addition to those otherwise covered under a State Medicaid plan, that must be covered under Medicaid as measures necessary to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan. (Sec. 7203) Provides that no change in law which has the effect of imposing a requirement on a State under a State plan under Medicaid, and with respect to which the Secretary is required to issue regulations to carry out such requirement, shall take effect until the date the Secretary promulgates such regulation as a final regulation. Provides that any change in a regulation of the Secretary relating to the Medicaid program shall not become effective until the beginning of the fiscal year following the fiscal year in which the change was promulgated. Gives the States certain options around such requirements. Expresses the sense of the Congress that if a State is required by future legislation to provide for additional services, eligible individuals, or otherwise incur additional costs under its Medicaid program, the Federal Government shall provide for full payment of any such additional costs for at least the first two years in which such requirement applies. (Sec. 7204) Sets forth provisions governing the consideration of applications for Medicaid waivers (i.e. State requests for a waiver of a Medicaid provision, or of another provision of law that applies to State plans under such title), and includes certain specified waivers under SSA and later amendments. Subtitle D: National Commission on Medicaid Restructuring - Establishes the National Commission on Medicaid Restructuring to study and make recommendations to the Congress, the President, and the Secretary regarding the need for changes in the laws and regulations regarding the Medicaid program in order to: (1) ensure adequate access to health care under such program for low-income individuals; (2) promote quality health care; (3) deter Medicaid fraud and abuse; (4) provide States with additional flexibility in implementing their Medicaid plans; and (5) contain Federal and State Medicaid costs. Authorize appropriations. Subtitle E: Restrictions on Disproportionate Share Payments - Revises provisions governing Medicaid payment adjustments for inpatient hospital services furnished by disproportionate share hospitals (DSH), among other changes, establishing a new national DSH payment limit and modifying provisions for determination of State DSH allotments. Subtitle F: Fraud Reduction - Directs the Administrator of the Health Care Financing Administration (HCFA) to develop mechanisms to better monitor and prevent inappropriate payments under Medicaid in the case of individuals who are dually eligible for benefits under such program and the Medicare program under SSA title XVIII. Requires the Administrator to develop improved mechanisms, such as picture identification documents and smart documents, to provide methods of improved identification and tracking of beneficiaries and providers that perpetrate fraud against Medicaid. Title VIII: Medicare - Medicare Preservation Act of 1995 - Amends SSA titles XI and XVIII and the Internal Revenue Code, restructuring the current Medicare program, and creating a new Medicare Choice program within it, while also providing for corresponding tax incentives for Medicare Choice medical savings accounts (MSAs) and other Medicare Choice-related matters. Subtitle A: Medicare Choice Program - Gives individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance) the opportunity to elect Medicare coverage during annual, coordinated election periods under either the new Medicare Choice benefit package or through the existing fee-for-service system under such parts. Includes in the Medicare Choice benefit package a high ($10,000) deductible-Medisave product under a specified demonstration plus contributions to Medicare Choice MSAs, as well as separate fee-for-service products and products offered under certain provider- and union-sponsored plans by qualified Medicare Choice organizations. Directs the Secretary to provide for a nationally coordinated educational and publicity campaign to inform individuals who are eligible to elect Medicare Choice products about them and the election processes provided under this subtitle. Directs the Secretary to conduct demonstration projects to test alternative approaches to coordinated open enrollments in different markets, including different annual enrollment periods and models of rolling open enrollment periods. (Sec. 8002) Requires qualified Medicare Choice organizations (except those with union sponsors, Taft-Hartley sponsors, or, for a limited time, provider sponsors) to be licensed under State law in each State in which they offer a Medicare Choice product. Requires such organizations to assume full financial risk on a prospective basis for the provision of health care services (other than hospice care). Allows an organization to obtain insurance in specified circumstances. Sets forth requirements relating to benefits, provision of services (including limited physician incentive plans), enrollment, and premiums. Specifies patient protection standards, including those for information disclosure, access to services, out-of-network services, mandatory quality assurance programs, coverage determinations, grievances, appeals, and fair marketing procedures. Directs the Secretary to provide for demonstration projects to determine the effectiveness, cost, and impact of alternative methods of providing comparative information about the performance of Medicare Choice organizations and products and the performance of Medicare supplemental policies in relation to such products. Prescribes policy for payments to Medicare Choice organizations, including monthly adjusted capitation rates. Requires the Secretary to issue interim regulations regarding standards for Medicare Choice organizations and products within 180 days after the date of enactment of this subtitle, with such regulations to be effective through the end of 1999. Directs the Secretary to develop permanent standards under this subtitle, consulting with the National Association of Insurance Commissioners in doing so, with such standards to be effective for periods beginning on or after January 1, 2000. Directs the Secretary to establish a process for the certification of Medicare Choice organizations and products. Involves the Secretary of Labor in such process with respect to union sponsors and Taft-Hartley sponsors. Outlines the certification process, including the use of private accreditation processes. Requires Medicare Choice organizations to contract with the Secretary, subject to specified requirements. Permits certain demonstration projects for high deductible-Medisave products, and lists special rules relating to enrollment and benefits with regard to such products, requiring, among other things, payments to the Medicare Choice MSAs of individuals electing high deductible-Medisave products under such projects. (Sec. 8003) Directs the Secretary to report to the Congress on alternative provider payment approaches under Medicare along with recommendations for implementing and testing such approaches and any legislation that may be required for such purpose. Directs the Secretary to work with employers and health benefit plans to develop standards and payment methodologies to allow retired workers to continue to participate in employer health plans instead of participating in the Medicare program. Provides for a similar congressional report with regard to such matter. (Sec. 8004) Sets forth transition rules for current Medicare health maintenance organization (HMO) programs. (Sec. 8011) Amends the Internal Revenue Code to exclude from an individual's gross income any Federal payment to his or her Medicare Choice MSA, but include any MSA distribution not used to pay the account holder's qualified medical expenses. Excludes the value of such an MSA from the account holder's gross estate. Exempts an account holder from the excise tax on prohibited transactions even if an MSA ceases to be a Medicare Choice MSA because a distribution was not used to pay qualified medical expenses. Excludes further from gross income any Medicare part B premium discount rebate. (Sec. 8021) Declares that, in any Federal or State antitrust action, the conduct of a provider service network (and any member of such network) in negotiating, making, or performing a contract, to the extent such contract is for providing services under a Medicare Choice provider-sponsored organization (PSO) contract, shall not be illegal per se. Subjects such conduct to the antitrust rule of reason standard. (Sec. 8031) Amends SSA title XVIII to establish the Medicare Payment Review Commission (replacing the Prospective Payment Assessment Commission (ProPAC) and the Physician Payment Review Commission (PPRC), hereby abolished) which shall, among other things, review program payment policies (including those under the new Medicare Choice program) for appropriate recommendations to the Congress concerning such policies. Authorizes appropriations. (Sec. 8032) Creates the Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately 2010 and last for approximately 25 years; and (2) make specific recommendations to the Congress about a comprehensive approach to preserve Medicare for the period during which such individuals are Medicare-eligible. Authorizes appropriations. (Sec. 8041) Preempts State law restrictions on managed care arrangements and utilization review programs. Subtitle B: Provisions Relating to Regulatory Relief - Amends SSA titles XI and XVIII, as well as the Omnibus Budget Reconciliation Act of 1993, to outline various specified revisions to Medicare physician referral prohibitions and anti-kickback and other penalties for the purpose of achieving Medicare regulatory relief. (Sec. 8101) Includes among such revisions: (1) removal of compensation arrangements from the proscribed financial arrangements between a physician and any entity to which he or she may refer a Medicare beneficiary (thus limiting proscribed financial arrangements to an ownership or investment interest in the entity); (2) limitation of the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services; (3) repeal of the mandate for the Medicare and Medicaid Coverage Data Bank; and (4) the issuance of advisory opinions under SSA title XI. (Sec. 8104) Revises exceptions to the prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of-service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services and services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility. (Sec. 8111) Directs the Attorney General to provide for the development and publication of explicit guidelines on the application of antitrust laws to the activities of health plans, and establish a review process under which a plan administrator or sponsor may submit a request to obtain a prompt opinion from the Department of Justice (DOJ) on the plan's conformity with the Federal antitrust laws. (Sec. 8112) Outlines requirements for issuance (or denial) by the Attorney General of health care certificates of public advantage to requesting eligible health care collaborative activities if the benefits likely to result from such an activity outweigh any reduction in competition likely also to result and if such reduction is necessary to obtain benefits. Provides for judicial review with regard to such matter. (Sec. 8113) Requires the Attorney General, to report annually to the Congress, as part of the annual budget oversight proceedings, on DOJ's Antitrust Division in order for the Congress to determine how enforcement of antitrust laws is affecting the formation of joint ventures, and if such certificates have resulted in undesirable reduction in competition in the health care marketplace. (Sec. 8114) Exempts specified antitrust laws, under certain conditions, from applying with respect to: (1) the merger of, or the attempt to merge, two or more hospitals; (2) a contract entered into solely by two or more hospitals to allocate hospital services; or (3) the attempt by only two or more hospitals to enter into a contract to allocate hospital services. (Sec. 8121) Outlines various specified measures with respect to health care liability designed to provide for malpractice reform that, among other things, include: (1) a statute of limitations for medical malpractice claims, with exceptions for minors; (2) a limitation on noneconomic damages; and (3) standards for using alternative dispute resolution (ADR) in such matters as an initial attempt to resolve them before they may be brought in State or Federal court. Includes special provisions for certain obstetric services. Requires certain reports on the implementation and effectiveness of ADR systems for the Congress. (Sec. 8151) Modifies under Medicare the payment areas used to determine Medicare payments for physicians' services under such program while ensuring budget-neutrality. Subtitle C: Medicare Payments to Health Care Providers - Provides for a one-year general freeze in payments to Medicare providers during FY 1996, with similar freezes for skilled nursing facilities and home health agencies under the Omnibus Budget Reconciliation Act of 1993. (Sec. 8211) Revises Medicare provisions for payments for physicians' services, replacing the volume performance standard with sustainable growth rate and establishing a single conversion factor for 1996, among other changes. (Sec. 8221) Provides for a reduction in update for inpatient hospital services for FY 1997 through 2002. (Sec. 8222) Eliminates formula-driven overpayments for ambulatory surgical center procedures and radiology services and diagnostic procedures. (Sec. 8223) Requires the Secretary to establish a prospective payment system (PPS) for hospital outpatient services. (Sec. 8224) Reduces Medicare payments to hospitals for inpatient capital-related costs. (Sec. 8225) Places a moratorium on PPS exemption for long term care hospitals. Directs the Secretary to submit to the Congress recommendations for modifications to the standards used to determine whether a hospital is classified as a long-term care hospital for purposes of determining the amount of payment to the hospital under Medicare part A for the operating costs of inpatient hospital services. (Sec. 8231) Sets forth provisions affecting home health and other specified providers, including providers of durable medical equipment and nursing homes, with similar payment changes and reductions and certain coverage limitations and incentives for cost-efficient management. Requires the Secretary to expand PPS research for home health agencies. (Sec. 8235) Freezes payments for clinical diagnostic laboratory tests. (Sec. 8241) Adds a new SSA title XXI (Teaching Hospitals and Graduate Medical Education Trust Fund) establishing in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund for payments to teaching hospitals out of specified transfers from the Medicare trust funds and other amounts. Provides within HHS for a temporary advisory counsel (the National Advisory Council on Postgraduate Medical Education) to advise the Secretary on postgraduate medical education financing for assuring an adequate supply of trained specialists consistent with our country's health care needs. (Sec. 8242) Modifies payment policies under Medicare regarding indirect costs of graduate medical education, reducing payment adjustments for indirect medical education. Subtitle D: Provisions Relating to Medicare Beneficiaries - Makes specified changes with regard to the Medicare part B premium, including freezing it for 1996. (Sec. 8302) Amends the Internal Revenue Code to make the full cost of Medicare part B coverage payable by high-income individuals. (Sec. 8303) Provides annual screening mammography for women over age 49, plus expanded coverage of other preventive benefits under Medicare such as colorectal screening, prostate cancer screening tests and diabetes outpatient self-management training services. Subtitle E: Medicare Fraud Reduction - Outlines various specified measures designed for preventing fraud and abuse under the Medicare program or a State health care program, including among them in addition to the special fraud alerts initially set out: (1) special outreach and other efforts by the Secretary which include establishing a beneficiary incentive program for collecting information on fraud and abuse under Medicare; (2) establishment of the Medicare Integrity Program and associated Anti-Fraud and Abuse Trust Fund for contracting out to eligible private entities specified anti-fraud and abuse activities; (3) establishment by the Secretary of certain fraud reduction demonstration projects; and (3) provide direct spending for Medicare-related anti-fraud activities of the HHS Inspector General. Provides appropriations from the Anti-Fraud and Abuse Trust Fund to carry out the Medicare Integrity Program. (Sec. 8407) Requires the Secretary to recommend to the Congress legislative changes to the Medicare program to enable the prices paid for items and services under it to be established on a more competitive basis. Subtitle F: Improving Access to Health Care - Outlines various specified changes with regard to rural hospitals for the purpose of improving access to health care in rural areas, among other changes, by establishing a rural emergency access care hospital program and a system of additional payments under Medicare for physicians' services furnished in shortage areas. Reduces updates for sole community hospitals. Requires the Medicare Payment Review Commission to study and report to the Congress on the impact of the designation of hospitals as sole community hospitals under the Medicare program on the delivery of health care services to individuals in rural areas. Prohibits denial of request for reclassification of rural referral centers on basis of comparability of wages. Provides for State and consortium demonstration projects for increasing the number of medical students entering primary case practice relative to those entering nonprimary care practice. Requires the Secretary to develop and publish a model law that may be adopted by States to increase the access of individuals residing in underserved rural areas to health care services by expanding the services which non-physician health care professionals may provide in such areas. (Sec. 8512) Amends the Internal Revenue Code to exclude national health service corps loan repayments from gross income. (Sec. 8513) Directs the Secretary to establish a methodology for making payments under Medicare part B for telemedicine services furnished on an emergency basis to individuals residing in an area designated as a health professional shortage area. (Sec. 8514) Provides for an HHS demonstration project to assess the advantages and disadvantages of requiring Medicare Choice organizations to market their products in certain underserved areas which are near the standard service area for such products. (Sec. 8521) Provides for Medicare program payments for health care services provided in the military health services system. Subtitle G: Other Provisions - Provides, with regard to Medicare as secondary payer, for: (1) extension and expansion of existing requirements; (2) recovery against third party administrators of primary plans; and (3) prohibition of retroactive application (before April 24, 1995) of a certain policy directive regarding end stage renal disease beneficiaries enrolled in primary plans. (Sec. 8602) Repeals the Medicare and Medicaid Coverage Databank under SSA title XI. (Sec. 8603) Provides that nothing in SSA title XVIII may be construed to prohibit coverage under Medicare part A or B of items and services associated with the use of a medical device in the furnishing of inpatient hospital services solely on the grounds that the device is not an approved device, if it is an investigational device and is used instead of an approved device. States that the amount of Medicare payment for any item or service associated with the use of an investigational device in the furnishing of such services may not exceed the amount of the payment which would have been made for the item or service if it were associated with the use of an approved device. (Sec. 8604) Excludes from Medicare coverage items or services used for euthanasia. (Sec. 8605) Extends Medicare coverage of, and application of the hospital insurance tax to, all State and local government employees. Authorizes appropriations. Subtitle H: Monitoring Achievement of Medicare Reform Goals - Directs the Secretary to establish budgetary and program goals for the Medicare program that are consistent with: (1) specified restrictions on total Medicare outlays for FY 1996 through FY 2002; and (2) an equitable distribution of funds between per beneficiary spending on payments to Medicare Choice organizations and spending on fee-for-service payments to Medicare providers. Requires such goals also to be consistent with the establishment of payments to such organizations in a manner that: (1) promotes the availability of Medicare Choice products in all regions of the country; and (2) permits such organizations to offer adequate coverage. (Sec. 8702) Establishes the Medicare Reform Commission to examine how Medicare has met such goals, with recommendations concerning any problems found to exist submitted to the President for transmittal with corrections to the Congress for action. Authorizes appropriations. Subtitle I: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions - Establishes under Medicare part B in the Treasury the Federal Medicare Growth Reduction Trust Fund for the savings under such part that are attributable to this Act. Subtitle J: Clinical Laboratories - Amends the Public Health Service Act to exempt from certification requirements under such Act clinical laboratories in physician offices (except when pap smear analysis is performed). Title IX: Welfare Reform - Subtitle A: Temporary Employment Assistance - Replaces the current Aid to Families with Dependent Children (AFDC) Program under SSA title IV part A with a Temporary Employment Assistance (TEA) program for the purpose of providing assistance to families with needy children and assisting parents of such children to obtain and retain private sector work to the extent possible, and public sector or volunteer work if necessary, through the Work First Employment Block Grant program. Authorizes appropriations. (Sec. 9101) Sets forth State TEA plan elements necessary for plan approval by the Secretary of Health and Human Services (HHS). Includes among them, in addition to certain administrative requirements for ensuring that families on TEA assistance become self-sufficient, the following key elements: (1) limited time for cash assistance, with specified exceptions for teen parents, hardship situations, and individuals exempt from certain work requirements under this title because of illness or other specified reasons; (2) assessment, before such individuals may receive TEA assistance, of the skills, prior work experience, and employability of each applicant for, and recipient of, TEA assistance who has attained age 18 or has not obtained a high school education, and is not attending secondary school; (3) development of an individual responsibility plan on the basis of such assessment, setting forth certain job search, work-, and education-related obligations (including, at State option, appropriate substance abuse treatment) of such individuals in order for them to receive the full amount of TEA assistance (denying it for plan noncompliance after the third offense); (4) State operation a Work First Program (replacing the current Job Opportunities and Basic Skills Training (JOBS) program) and a workfare or job placement voucher program for individuals prohibited from participation in the Work First program; (5) assurance that all such applicants and recipients will cooperate in paternity establishment and enforcement of child support obligations, and that the State agency will report known or suspected instances of child abuse to the appropriate authorities; (6) State efforts to promote family preservation and stability; and (7) denial of TEA assistance for fraudulent statements made with regard to residence in order to obtain multiple assistance payments and for probation and parole violators. Outlines State payment and miscellaneous State plan quality assurance and data collection, compilation, and reporting requirements, as well as certain research, demonstration, and evaluation requirements (including requirements for the Secretary to establish certain regional information centers for disseminating information concerning welfare reform) with regard to the different State approaches to operating welfare programs under this subtitle. Provides that, upon receiving notice from a State agency administering an approved plan that a named individual has been overpaid under it, the Secretary of the Treasury shall: (1) determine whether any tax refunds are payable to such individual, regardless of whether he or she filed a return as a married or unmarried individual; and (2) withhold from any such refunds an amount equal to the overpayment sought to be collected, and pay it to the State agency. Requires the Secretary to issue regulations allowing a State to submit requests for collection of overpayments only with respect to individuals no longer receiving TEA assistance against whom the State has already taken appropriate action, including notice of its intent to request such withholding of income tax refunds. Specifies rules for the collection of overpayments under SSA title IV part A. Subtitle B: Make Work Pay - Amends SSA title XIX (Medicaid) to give States the option of providing for an extension of Medicaid enrollment for former AFDC recipients for one additional year. (Sec. 9202) Requires State TEA, food stamp, and Medicaid plans to provide their respective applicants and former recipients with written notice of the existence and availability of the earned income tax credit, with changes under the Omnibus Budget Reconciliation Act of 1990 providing for such notice of availability to be included on employee W-4 forms. (Sec. 9204) Amends the Internal Revenue Code (IRC) to provide for State demonstrations for advance payment of earned income tax credit. Authorizes appropriations. (Sec. 9205) Repeals the Child Care and Development Block Grant Act of 1990 and provides for funding of child care services through the program under SSA title XX (Block Grants to States for Social Services), with limited funding for child care grants under such program to supplement State and local funds as well as Federal funds provided under other Acts for child care activities. Requires the appropriate State agencies under such program to guarantee child care for participants involved in the education, training, community service, and employment initiatives above connected with State TEA programs. (Sec. 9206) Amends IRC to: (1) include TEA, food stamp, and supplemental security income (SSI) assistance in gross income and exclude such benefits from being taken into account for purposes of the earned income tax credit; and (2) make the dependent care credit refundable and exclude certain high-income taxpayers from being eligible for such credit. Subtitle C: Work First - Replaces the JOBS program under SSA title IV part F with the Work First program under which States have the option of offering a wide variety of job-related activities (including use of job placement companies) to TEA program participants in order to provide them in a cost-effective fashion with the support and skills necessary to obtain and keep full-time unsubsidized employment, preferably in the private sector. (Sec. 9301) Outlines various specified: (1) program components, including microenterprise initiatives, workfare or community service programs, work supplementation programs for jobs with the State or jobs subsidized by the State in the private sector, job placement voucher programs for States not operating a workfare or community service program, and mandatory job search requirements; and (2) associated rules, cost limits, participation and funding requirements, and performance standards for measuring the effectiveness of such programs. Expresses the intent of the Congress that State job-related activities emphasize the use of funds that would otherwise be used to provide individuals with TEA and food stamps to subsidize the wages of such individuals in temporary jobs. Expresses the sense of the Congress that States should target individuals below age 25 for participation in the Work First program in order to break the cycle of welfare dependency. Subtitle D: Family Responsibility and Improved Child Support Enforcement - Chapter 1: Eligibility and Other Matters Concerning Title IV-D Program Clients - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require States to have statutorily prescribed procedures to: (1) record child support orders in a central case registry; and (2) collect child support payments through a centralized collections unit. Permits parties to a child support order to opt for an alternative payment procedure. (Sec. 9401) Revises the guidelines for: (1) State plans for child and spousal support; and (2) payments distribution. (Sec. 9403) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Chapter 2: Program Administration and Funding - Revises the formula for: (1) Federal matching payments to the States; and (2) incentive adjustments to the Federal matching rate. (Sec. 9413) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 9415) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 9416) Directs the Secretary of Health and Human Services to conduct staffing studies of each State child support enforcement program and to report the results to the Congress. (Sec. 9417) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Chapter 3: Locate and Case Tracking - Mandates that the single statewide automated data system function as a single central case registry of State-provided services and support orders. Delineates contents of case records and data matching activities, including data exchange with sister States. (Sec. 9422) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 9423) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 9425) Revises the Federal Parent Locator Service to add kinds of information which may be transmitted to locate individuals and assets for purposes of establishing parentage and executing child support obligations. Requires the Secretary to establish in the Service a Data Bank of Child Support Orders and an automated directory of New Hires. (Sec. 9426) Requires State plans to include procedures for recording social security numbers on certain family legal documents and records. Chapter 4: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. (Sec. 9432) Amends the Federal judicial code to revise the procedures for a court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 9433) Amends SSA title IV part D to revise State plan guidelines for mandatory expedited administrative and judicial procedures to include: (1) authorized genetic testing to establish paternity; and (2) the securing of assets and increasing of monthly payments to satisfy a support arrearage. Chapter 5: Paternity Establishment - Expresses the sense of the Congress that social services should be provided in hospitals to women who have become pregnant as a result of rape or incest. (Sec. 9442) Requires State laws to prescribe procedures for parenting counseling for new fathers that stresses the importance of paying child support. (Sec. 9443) Requires State plans to prescribe specified administrative procedures governing agency determination as to whether an individual is cooperating with efforts to establish paternity and secure support, or has good cause not to cooperate with such efforts. (Sec. 9444) Increases the base matching rate for Federal payments to the States for grants for dependent children. (Sec. 9445) Revises the guidelines for statutorily prescribed procedures governing genetic testing and outreach for voluntary paternity acknowledgment. Chapter 6: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to develop a national child support guideline for consideration by the Congress that is based on a study of various guideline models, the benefits and deficiencies of such models, and any needed improvement. (Sec. 9452) Revises the requirements for State plan procedures for the review and adjustment of support orders. Chapter 7: Enforcement of Support Orders - Amends the Internal Revenue Code to revise the order of refund distribution with respect to past-due support owed to individuals. (Sec. 9463) Amends SSA title IV part D to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of current and retired members of the armed forces. (Sec. 9465) Requires States to have statutorily prescribed procedures for: (1) placing liens for child support arrearages on motor vehicle titles of the debtor; (2) voiding fraudulent transfers by a child support debtor; (3) suspending any driver's, business, or occupational license issued to any person who owes past-due child support; (4) reporting to credit bureaus the name of the parent in arrears for child support; (5) extending the statute of limitations for collection of child support arrearages; and (6) calculating interest or penalties on such arrearages. (Sec. 9471) Prescribes procedural guidelines for passport denial (including revocation) upon certification of nonpayment of child support. (Sec. 9472) Expresses the sense of the Congress that the United States should ratify the United Nations Convention of 1956. Requires State plans to provide that the State must treat international child support cases as interstate cases. (Sec. 9473) Requires States to have statutorily prescribed procedures under which failure to pay child support arrearages results in seizure by a State agency of: (1) insurance settlements or payouts; (2) judicial awards; (3) sale of forfeited property; and (4) bequests. (Sec. 9474) Requires State plans to include procedures under which grandparents are liable for the financial support of the children of their minor children. (Sec. 9475) Expresses the sense of the Congress that the States should develop programs specifically designed to work with noncustodial parents who are unable to meet their child support obligations. Chapter 8: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. Chapter 9: Food Stamp Program Requirements - Amends the Food Stamp Act of 1977 to set forth as a prerequisite to eligibility for the Food Stamp Program cooperation by the custodial parent with child support agencies regarding paternity and child support. (Sec. 9492) Denies eligibility to participate in the Food Stamp Program to any individual that is delinquent in any court-ordered payment for child support. Chapter 10: Effect of Enactment - Sets forth effective dates for portions of this title. Subtitle E: Teen Pregnancy and Family Stability - Amends Title IV part A (AFDC) to prescribe guidelines under which State plans may deny temporary employment assistance to recipient families having additional children while receiving such assistance. (Sec. 9502) Requires State plans to set as a prerequisite for temporary employment assistance to pregnant unwed minors (or minors with needy children in their care), that such individuals reside in certain supervised living arrangements with an adult relative or legal guardian. (Sec. 9503) Amends title XX (Block Grants to States for Social Services) to establish a National Clearinghouse on Adolescent Pregnancy Prevention Programs. Enumerates maximum grant amounts for such Clearinghouse. (Sec. 9504) Amends Title IV part A (AFDC) to require that State plans mandate completion of high school or other training for custodial teenage parents who are required to participate in the Work First program. Authorizes States to provide additional incentives and penalties to encourage teen parents to complete high school and participate in parenting activities. (Sec. 9505) Denies Federal housing benefits to minors who bear children out-of-wedlock, with specified exceptions. (Sec. 9506) Amends Title IV part A (AFDC) to prescribe guidelines under which State plans are granted the option of denying temporary employment assistance to minor parents. Subtitle F: SSI Reform - Amends SSA title XVI (Supplemental Security Income) (SSI) to revise the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under age 18 who is receiving SSI benefits based on a disability as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the amendments of this subtitle. (Sec. 9602) Provides that not less frequently than once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained 18 years of age and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian of a recipient whose case is so reviewed to present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under the SSI program. Provides that if an individual is eligible for SSI benefits by reason of disability for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Specifies requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. (Sec. 9603) Revises representative payee requirements. (Sec. 9604) Denies SSI by reason of disability to drug addicts and alcoholics for whom the addiction or alcoholism is a contributing factor material to the determination of disability. Provides that, out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall pay to the Director of the National Institute on Drug Abuse specified amounts for expenditure on drug treatment and drug abuse and drug treatment research for FY 1997 through 2000. (Sec. 9605) Denies SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States. (Sec. 9606) Denies SSI benefits for fugitive felons and probation and parole violators and provides for exchange of SSI information with law enforcement agencies. (Sec. 9607) Outlines reapplication requirements for adults receiving SSI benefits by reason of disability. Authorizes appropriations. (Sec. 9608) Provides for a reduction in the unearned income exclusion under provisions for determining the income of an individual and his eligible spouse under SSI. Subtitle G: Food Assistance - Chapter 1: Food Stamp Program - Amends the Food Stamp Act of 1977 (Act) to establish food stamp program (program) certification periods of: (1) 24 months for households whose adult members are elderly or disabled; and (2) not more than 12 months for all other households. Includes energy assistance in household income determinations. Excludes Job Training Partnership Act income from such determinations. Excludes life insurance policies from family resource determinations. (Sec. 9703) Authorizes the Secretary of Agriculture (Secretary), with regard to retail food stores and wholesale food concerns (stores), to: (1) establish authorization periods for coupon acceptance and redemption; and (2) establish specific time periods for prohibiting program participation of stores based on lack of business integrity. (Sec. 9705) Includes sales tax information among the types of eligibility verification information which may be requested. (Sec. 9706) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 9708) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 9709) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 9710) Provides for permanent disqualification of a store that knowingly submits a falsified application. (Sec. 9711) Expands civil and criminal forfeiture for specified violations of the Act. (Sec. 9712) Amends the Social Security Act as amended by the Social Security Administrative Reform Act of 1994, and the Internal Revenue Code as added to by the Social Security Administrative Reform Act of 1994, to authorize information sharing with State WIC enforcement instrumentalities. (Sec. 9713) Amends the Act to expand the definition of "coupon." (Sec. 9714) Increases penalties for specified program violations. (Sec. 9715) Makes the collection of over-issuance of coupons from Federal pay or Federal tax refunds (as authorized by this section) mandatory. (Sec. 9716) Encourages and authorizes States to implement electronic benefit transfer systems. (Sec. 9717) Reduces annual "thrifty food plan" adjustments. (Sec. 9718) Freezes standard deduction adjustments for two years. (Sec. 9720) Disqualifies an individual from program participation for: (1) participation in two or more States; and (2) child support arrears. (Sec. 9722) Authorizes the use of program information to assist in locating fugitive felons. (Sec. 9723) Defines "work program." Makes nonexempt persons ineligible for program benefits if during the preceding 12-month period they received food stamps for six months or more without working at least 20 hours per week, or participating in a workfare program. Sets forth exempted persons and situations. Revises work requirement and employment and training provisions. Extends employment and training funding authorizations. (Sec. 9725) Extends current claims retention rates. (Sec. 9726) Extends Puerto Rico block past assistance. (Sec. 9727) Treats children who are themselves parents living with their children and married children living with their spouses as part of an existing household rather than as a separate household. Chapter 2: Commodity Distribution - Commodity Distribution Act of 1995 - Authorizes the Secretary to purchase and distribute food assistance commodities to the States. (Sec. 9753) Requires the Secretary to establish procedures for supplemental State, local, and private commodity donations. (Sec. 9754) Requires a State seeking commodity assistance to submit an administrative plan every four years to the Secretary. (Sec. 9755) Establishes program allocation guidelines. Requires States to make emergency feeding organizations their first priority. (Sec. 9756) Authorizes the Secretary to use Commodity Credit Corporation (CCC) funds to pay initial commodity processing and packaging costs. (Sec. 9758) Authorizes program appropriations, including a separate authorization of appropriations for administrative costs. (Sec. 9760) Obligates specified funds for a commodity supplemental food program for women, infants, and children or the elderly. Requires the CCC to donate specified amounts of cheese and nonfat dry milk to such program. (Sec. 9761) States that commodities received under this title shall not be considered income or resources for any Federal, State, or local means-tested program. (Sec. 9768) Repeals the Emergency Food Assistance Act of 1983. Eliminates specified provisions of: (1) the Commodity Distribution Reform Act and WIC Amendments of 1987; (2) the Charitable Assistance and Food Bank Act of 1987; (3) the Food Security Act of 1985; (4) the Agricultural and Consumer Protection Act of 1973; (5) the Food, Agriculture, Conservation, and Trade Act of 1990; and (6) the Hunger Prevention Act of 1988. Chapter 3: Other Programs - Amends the National School Lunch Act to prohibit an institution with more than one employee from participating in the child and adult care food program if employee payments are based upon the number of day care homes recruited, managed, or monitored. Revises day care home reimbursement provisions, including sponsor payments. Obligates specified FY 1996 funds for State grants to family or group day care homes. Requires specified census data to be provided to day care sponsoring organizations. (Sec. 9782) Amends the Child Nutrition Act of 1966 to authorize appropriations (current authorization is discretionary) for the nutrition education and training program. Subtitle H: Treatment of Aliens - Extends the period of sponsor attribution of income and resources (to an alien) under the statewide temporary assistance program (TEA), the supplemental security income program (SSI), and the food stamp program through the date (if any) of such alien's citizenship. Sets forth exceptions based upon age, military or veteran status, family status, domestic violence, or taxpaying status. (Permits Medicaid eligibility.) Amends the Social Security Act to set forth TEA rules regarding income and resource attribution. (Sec. 9802) Amends the Immigration and Nationality Act to set forth rules for sponsor affidavits of support. (Sec. 9803) Extends affidavit of support requirements to family- related and diversity immigrants. Subtitle I: Earned Income Credit - Amends the Internal Revenue Code to require an individual claiming the earned income tax credit to include the individual's and, if married, the spouse's social security number on the individual's tax return. Title X: Reductions In Corporate Tax Subsidies and other Reforms - Revenue Reconciliation Act of 1995 - Subtitle A: Tax Treatment of Expatriation - Sets forth the tax responsibilities of: (1) any U.S. citizen who relinquishes his or her U.S. citizenship; or (2) any long-term U.S. resident who commences to be treated as a resident of a foreign country under provisions of a tax treaty and who does not waive the benefits of such treaty applicable to residents of the foreign country. Allows an exclusion from gain of up to $600,000. Permits an expatriate to elect to continue to be taxed as a United States citizen, in which case the provisions applicable to other expatriates will not apply. Provides for the determination of the basis of the assets of a nonresident alien individual who becomes a U.S. citizen or resident. Subtitle B: Modification to Earned Income Credit - Amends the Internal Revenue Code to include capital gain net income in the definition of disqualified income for purposes of the denial of the earned income credit for individuals having excessive income. Subtitle C: Alternative Minimum Tax on Corporations Importing Products into the United States at Artificially Inflated Prices - Imposes an alternative minimum tax on certain corporations equal to four percent of their net business receipts for a taxable year. Imposes such tax on a corporation (foreign or domestic) if: (1) its gross sales in the United States of manufactured parts or products exceeded $10 million; (2) it imported such products with a customs value in excess of $10 million (artificially inflated prices); and (3) its tax obligation under the alternative minimum tax exceeds its total tax obligation. Subtitle D: Tax Treatment of Certain Extraordinary Dividends - Provides, with respect to a corporate shareholder's basis in stock reduced by the non-tax portion of extraordinary dividends, that if the non-taxed portion of such dividends exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. Subtitle E: Foreign Trust Tax Compliance - Revises the requirements regarding information that must be reported regarding certain foreign trusts. Modifies the circumstances (with regard to foreign trusts having one or more U.S. beneficiaries) in which a transferor is treated as the owner. Replaces provisions setting forth a special rule applicable to foreign grantors with provisions declaring that provisions relating to treating grantors and others as substantial owners shall apply only when that application results in an amount being currently taken into account in computing the income of a U.S. citizen or resident or a domestic corporation. Requires a United States person to report information regarding foreign gifts or bequests when the gifts' aggregate value during a taxable year exceeds $10,000. Modifies requirements regarding the interest charge on accumulation distributions from foreign trusts. Changes the circumstances in which an estate or trust is included in the definition of "United States person." Modifies the definition of "foreign estate or trust." Requires (for provisions relating to the imposition of a tax on transfers to avoid income tax) treating a trust which is not a foreign trust and which becomes a foreign trust as having transferred, immediately before becoming a foreign trust, all of its assets to a foreign trust. Subtitle F: Limitation on Section 936 Credit - Revises the Puerto Rico and possessions tax credit. Provides for a five year phasedown with respect to such credit. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Permanent Extension of Temporary Authorities - Makes permanent the: (1) requirement that non-service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs; (2) authority of the Department to recover from primary insurers the cost of care furnished to veterans in Department health-care facilities; (3) authority to verify a veteran's income for purposes of eligibility for needs-based benefits; (4) pension payment limitation of $90 monthly to Medicaid-eligible veterans and their surviving spouses who have no dependents and who reside in Medicaid-participating nursing homes; (5) authority of the Secretary of Veterans Affairs to charge and collect a home loan fee for Department-guaranteed housing loans; and (6) procedures applicable upon default of such guaranteed loans. Subtitle B: Other Matters - Revises the Government's liability standard for injuries or death resulting from Department treatment to allow compensation to be awarded for the additional disability in the same manner as if the disability or death were service-connected. Provides proximate cause requirements. (Sec. 11022) Extends through FY 1996 (currently, December 31, 1995) the authority of the Secretary to guarantee the real estate mortgage investment conduits used to market pools of veterans' loans. (Sec. 11023) Authorizes the Department to collect veterans' home loan guaranty debts in the same manner as all other debts arising under Department programs. Requires the Department to provide affected individuals with notice of the procedure for appealing the collection determination. Subtitle C: Health Care Eligibility Reform - Revises provisions concerning a veteran's eligibility for hospital care and medical services to: (1) allow such care to be provided only to the extent that amounts are provided in advance in appropriations Acts; and (2) provide full eligibility for both hospital and outpatient care for service-disabled veterans, former prisoners of war, veterans of the Mexican border period or World War I, low-income veterans, and veterans who were exposed to a toxic substance, radiation, or an environmental hazard while on active duty. (Sec. 11032) Extends through December 31, 1998, the authority to provide priority hospital care and medical services for certain Persian Gulf War veterans. (Sec. 11033) Makes certain veterans eligible for prosthetic devices as long as they are receiving ongoing care through the Department. (Currently, hospitalization is required before such veterans are so eligible.) (Sec. 11034) Directs the Secretary, in managing the provision of hospital care and medical services, to establish and operate a system of annual patient enrollment, with specified patient priorities. Requires the system to be managed to assure the provision of timely and quality care. Requires the Secretary to establish and manage Department health-care programs in a manner which promotes cost- effective delivery of health care services in the most clinically appropriate setting. Requires the Department to maintain its capacity to provide for specialized needs of certain disabled veterans. (Sec. 11035) Amends the Veterans Health Care Act of 1992 to repeal a provision which terminates on October 1, 1996, the authority of the Secretary to enter into health care resource sharing agreements with the Department of Defense. Entitles the Unites States to recover from primary insurance providers the cost of care or services provided under such Act through a Department medical facility. (Sec. 11036) Repeals a statement of congressional purpose with respect to the Department's sharing of specialized medical facilities, equipment, and information. Expands such sharing authority to include all health care resources and to allow health care providers, plans, and insurers, or other entities or individuals to participate in such sharing arrangements. Increases the authorized payment terms with respect to shared resources. (Currently, only reciprocal reimbursement is permitted.) Allows the Secretary to enter into such arrangements for the treatment of non-veterans only in limited circumstances. (Sec. 11037) Exempts from Department medical personnel ceiling limits all positions held by persons involved in providing health-care resources under sharing arrangements. Title XII: Legislative Branch - Requires that any unobligated funds following a fiscal year from the official expenses allowance of the House of Representatives be dedicated to the Deficit Reduction Fund. Title XIII: Miscellaneous Provisions - Eliminates the disparity between the effective dates for the military and civilian retiree cost-of-living adjustments for FY 1996, 1997, and 1998. Provides for the disposal of specified quantities of the following materials from the National Defense Stockpile: (1) cobalt; (2) aluminum; (3) ferro columbium; (4) germanium; (5) palladium; (6) platinum; and (7) rubber. Requires that certain executive branch agencies prepay the Government contributions which are or will be required in connection with providing health-benefits coverage for annuitants of such agencies. Amends the Internal Revenue Code to extend for seven years the Hazardous Substance Superfund Financing Rate and the repayment date for Superfund borrowing. Title XIV: Budget Process Provisions - Balanced Budget Enforcement Act of 1995 - Establishes a Board of Estimates which shall issue a report stating whether it has chosen the sequestration preview report and final sequestration report of the Office of Management and Budget or the reports of the Congressional Budget Office. Permits the Board to change the list of major estimating assumptions to be used by the Office of Management and Budget and the Congressional Budget Office. Subtitle B(sic): Discretionary Spending Limits - Amends the Congressional Budget Act of 1974 establish discretionary spending limits for FY 1996 through 2002. Extends congressional committee allocation and enforcement provisions and the applicability of certain points of order through 2002. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise and extend the budgetary amounts through FY 2000 for the Violent Crime Reduction Trust Fund. Revises the general statement of budget enforcement to apply to discretionary spending limits and pay-as-you-go requirements rather than expired maximum deficit amounts. Extends enforcement of discretionary spending limits through FY 2002. Subtitle C: Pay-As-You-Go Procedures - Permanently extends pay-as-you-go provisions (except for the emergency legislation provision which is repealed) and provides for ten-year scorekeeping. Subtitle D: Miscellaneous - Repeals effective date provisions of title II of Gramm-Rudman-Hollings. Subtitle E: Deficit Control - Establishes decreasing deficit targets for FY 1996 through 2002, with a target of zero for each FY after 2002. Sets forth procedures (including sequestration procedures)to be followed if the deficit exceeds the targeted amount for a fiscal year. Lists accounts and activities exempt from sequestration. Subtitle F: Line Item Veto - Makes provision for line item veto authority, which shall be effective unless disapproved by the passage, as specified, of a rescissions-receipts disapproval bill. Permits any Member of Congress to seek judicial review of any provision of this subtitle. Subtitle G: Enforcing Points of Order - Amends Congressional Budget Act of 1974 provisions concerning points of order in the Senate and House of Representatives. Subtitle H: Deficit Reduction Lock-box - Requires any appropriation bill being marked up or reported to contain a line item entitled "Deficit Reduction Lock-box". Specifies amounts which shall comprise such line in any reported: (1) general appropriations bill containing Treasury and Postal Service appropriations; (2) general appropriations bill; or (3) supplemental appropriations bill. Provides for the reduction of the discretionary spending limit for new budget authority by the amount of budget authority transferred to the Deficit Reduction Lock-box. Requires the Congressional Budget Office scorecard to include amounts contained in the Deficit Reduction Lock-box. Subtitle I: Emergency Spending; Baseline Reform; Continuing Resolutions Reform - Chapter 1: Emergency Spending - Provides for the establishment of a budget reserve account for the purpose of setting aside adequate funding for natural disasters and national security measures. Set forth provisions concerning: (1) points of order regarding emergencies; (2)congressional budget process changes; and (3) reporting. Chapter 2: Baseline Reform - Provides, when making baseline assumptions, for adjustments: (1) for inflation, only to adjust discretionary spending limits; and (2) to offset pay absorption and for pay annualization, only to adjust discretionary spending limits. Requires the President's budget to include estimated expenditures and appropriations for the current fiscal year. Requires the starting point for any congressional budget deliberations for the next fiscal year to be the estimated level of outlays for the current year in each function and subfunction. Chapter 3: Restricted Uses of Continuing Resolutions - Amends the Rules of the House of Representatives to: (1) prohibit any item of appropriation set forth in any joint resolution continuing appropriations, or amendment thereto, from exceeding the rate it would have been at assuming the continuation of current law; and (2) prohibit it being in order to consider any joint resolution continuing appropriations, or amendment thereto, which changes existing law. Subtitle J: Technical and Conforming Amendments - Makes technical and conforming amendments to: (1) the Congressional Budget and Impoundment Control Act of 1974; (2) the Rules of the House of Representatives; and (3) provisions concerning the President's budget. Subtitle K: Truth in Legislating - Requires the report or joint explanatory statement accompanying each House of Representatives reported bill or resolution of a public character to: (1) identify each provision benefitting ten or fewer persons, corporations, organizations, projects, or civil subdivisions; (2) name each beneficiary; (3) name sponsors; and (4) contain a cost estimate.

Financial Services Competitiveness Act of 1995

United States · United States Congress · 24 October 1995

TABLE OF CONTENTS: Title I: Bank Securities Activities and Affiliations With Securities Firms and Other Financial Companies Subtitle A: Securities Activities Subtitle B: Investment Bank Holding Companies Subtitle C: Financial Activities Subtitle D: Interagency Banking and Financial Services Advisory Committee Subtitle E: Application and Registration Fees Title II: Functional Regulation Subtitle A: Brokers and Dealers Subtitle B: Bank Investment Company Activities Title III: Bank Insurance Activities Title IV: Reductions in Government Overregulation Subtitle A: The Home Mortgage Process Subtitle B: Community Reinvestment Act Amendments Subtitle C: Consumer Banking Reforms Subtitle D: Equal Credit Opportunity Act Amendments Subtitle E: Consumer Leasing Act Amendments Title V: Streamlining Government Regulations Subtitle A: Regulatory Approval Issues Subtitle B: Streamlining of Government Regulations; Miscellaneous Provisions Title VI: Lender Liability Title VII: Annual Study and Report on Impact on Lending to Small Business Financial Services Competitiveness Act of 1995 - Title I: Bank Securities Activities and Affiliations with Securities Firms and Other Financial Companies - Subtitle A: Securities Activities - Amends the Banking Act of 1933 (Glass-Steagall Act) to repeal the proscription against affiliation of any member bank of the Federal Reserve System with an entity engaged principally in securities activities (securities affiliate). (Sec. 102) Amends the Bank Holding Company Act of 1956 (BHCA) to authorize financial services holding companies (FSHCs) to own shares of a securities affiliate. (Sec. 103) Delineates activities permissible for securities affiliates. Instructs the Board of Governors of the Federal Reserve System (the Board) to consider the need for securities firms affiliated with banks to be innovative and competitive when it makes determinations of "permissible activities." Cites circumstances under which the Board may permit an FSHC to: (1) acquire more than five percent of, or all or substantially all of, the voting shares or assets of a securities affiliate; (2) make additional investments that are considered capital for purposes of statutory capital requirements in a securities affiliate under its control; and (3) permit its securities affiliate to underwrite or deal in any security for a maximum aggregate period of two years. Prohibits any FSHC acquisition of any securities affiliate or any additional investment in such an affiliate unless the Board has received full payment of the application fee. Excludes a securities affiliate's assets and liabilities (except those related to nonsecurities activities) from the determination of whether an FSHC is adequately capitalized. States that such exclusion shall not apply, however, to an investment bank holding company predominantly engaged in securities activities on a consolidated basis. Prohibits a FSHC that acquires control of a securities affiliate from permitting any depository institution (or its subsidiary), except for certain Edge Act and agreement corporations, from engaging in underwriting securities backed by or representing interests in obligations or pools of obligations originated or purchased by the institution or its affiliates. Requires the Board to deny any notice or application by an FSHC to engage in, or acquire shares of a company engaged in, underwriting or dealing in securities in the United States, unless such activity is permissible for a national bank. Treats certain participants in a bankers' bank holding company as subsidiaries. Cites circumstances under which an FSHC may acquire shares and ownership interests in connection with underwriting and investment banking activities without prior Board approval. Requires any FSHC to pay an annual registration fee with respect to each securities affiliate and company or other entity it controls which has acquired shares, assets, or ownership interests as part of a bona fide underwriting or investment banking activity. (Sec. 104) Delineates conditions under which: (1) a well capitalized insured depository institution may extend credit to acquire or sell securities, or enhance the marketability of securities underwritten by a securities affiliate; and (2) an FSHC or its subsidiary may extend credit or make payments to finance the purchase of a security underwritten by one of its securities affiliates. Directs the Board to promulgate regulations under which directors and senior executive officers of a securities affiliate may serve simultaneously in the same capacity at an affiliated depository institution (management interlocks). Sets forth disclosure requirements for securities affiliates and insured depository institutions. Sets restrictions upon the underwriting by an securities affiliate of securities representing obligations originated by an affiliated depository institution. Prescribes guidelines under which each appropriate Federal banking agency and the Securities and Exchange Commission (SEC) shall establish information sharing and compliance programs and coordinate their activities to enforce this Act. Identifies conditions (foreign bank firewalls) under which the uninsured wholesale operations of foreign banks are exempt from the restrictions relating to securities affiliates. Amends the Federal Reserve Act to extend the time period during which a member bank is prohibited from acquiring a security if a principal underwriter in the selling syndicate is a bank affiliate. Amends the Federal Power Act to exempt from its prohibition against interlocking directorates certain persons currently serving or proposing to serve as directors or officers of a public utility and a banking firm permitted to underwrite or participate in the marketing of public utility securities, if that banking firm does not underwrite or participate in the marketing of securities of the same public utility. Amends the Right to Financial Privacy Act to permit the supervisory agencies of the Federal Financial Institutions Examination Council and the SEC to exchange examination reports. Amends the BHCA of 1956 to authorize the Board to promulgate regulations for the protection of depository institutions and for the separation of banking and commerce. (Sec. 105) Amends the Bank Holding Company Act to set forth circumstances under which securities companies that become FSHCs may retain ownership of financial and nonfinancial companies. Restricts joint marketing of products or services between an insured depository institution and an affiliate owned by an FSHC. (Sec. 106) Identifies circumstances under which qualified limited purpose banks are exempt from: (1) asset growth restrictions; (2) new activities' restrictions; (3) cross-marketing restrictions; and (4) divestiture requirements. Prescribes guidelines for the conversion of certain nonbank holding companies to FSHC status. (Sec. 107) Amends the Federal Deposit Insurance Act (FDIA) to set forth parameters within which certain insured depository institutions may be affiliates of a securities underwriter or dealer. Requires the Federal Deposit Insurance Corporation (FDIC) to: (1) study and report to the Congress on the risks posed to the deposit insurance funds by the affiliation of insured depository institutions with securities affiliates; and (2) factor into semiannual assessments any increased risk to the funds that it finds are caused by such affiliations. (Sec. 108) Amends the International Banking Act of 1978 to authorize the Board to set a termination date for any grandfathered authority conferred upon a foreign bank or company following Board approval of its application under this Act to control a securities affiliate. (Sec. 109) Amends the BHCA of 1956 to preclude the States from prohibiting or limiting: (1) bank or FSHC affiliation with a securities affiliate solely because such affiliate is engaged in specified securities activities; or (2) activities of an FSHC subsidiary solely because the FSHC is no longer exempt under the BHCA. (Sec. 110) Amends the FDIA to direct the appropriate Federal banking agencies to jointly prescribe standards applicable to certain insured depository institutions that conduct transactions in securities issued by an investment company or annuities. Requires such standards to be comparable to the standards applicable to brokers and dealers registered under the Securities Exchange Act of 1934 unless the appropriate Federal banking agencies jointly determine that implementation of comparable standards is not necessary or appropriate for the maintenance of fair and orderly markets, or the protection of investors, or is not in the public interest. Subtitle B: Investment Bank Holding Companies - Amends the BHCA of 1956 to: (1) establish a new category known as "investment bank holding company" (IBHC); and (2) delineate permissible affiliations for investment bank holding companies. Prohibits the use of Federal deposit insurance funds for a wholesale financial institution (certain uninsured State member banks), or an IBHC. (Sec. 116) Prescribes guidelines under which foreign banks may be treated as IBHCs and for reciprocal national treatment and coordination with the North American Free Trade Agreement (NAFTA). (Sec. 117) Amends the Federal Reserve Act to prescribe procedural guidelines for membership as a wholesale financial institution in the Federal Reserve System. Amends the FDIA to prescribe a procedure by which an insured State-chartered bank or a national bank may voluntarily terminate its status as an insured depository institution. Requires any such terminated bank to become a wholesale financial institution in order to accept any deposits. Subtitle C: Financial Activities - Amends the BHCA of 1956 to exempt from its proscription against interests in nonbanking organizations any activity that the Board determines to be financial in nature or incidental to financial activities. (Sec. 121) Repeals the mandate that the Board consider, when determining whether a particular activity is a proper incident to banking, if its performance by a bank holding company affiliate is such that the public interest benefit outweighs any possible adverse effects (such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices). Permits Board regulations to differentiate between activities commenced by affiliates of different classes of banks. (Sec. 122) Sets forth criteria for statutory approval, without prior notice to the Board, of proposals by well capitalized and well managed FSHCs to engage in specified transactions and acquisitions. Sets forth expedited procedures for FSHCs to acquire companies engaged in new activities. (Sec. 123) Revises FSHC examination and reporting requirements. (Sec. 124) Sets forth a statutory scheme for reduced supervision of FSHCs controlling principally nondepository institutions. (Sec. 125) Sets forth a procedure for the conversion of unitary savings and loan holding companies to FSHC status without prior Board approval. (Sec. 126) Establishes the Financial Services Advisory Committee to confer with regulators regarding the impact of this Act upon the financial services industry and to report semi-annually to certain congressional committees concerning its activities and recommendations. (Sec. 128) Renames the BHCA of 1956 as the Financial Services Holding Company Act of 1995. (Sec. 130) States that corporate credit cards are not commercial loans (thus permitting credit card banks to issue corporate credit cards, a practice currently proscribed). (Sec. 131) Authorizes the Board to extend from five years to up to ten years the period during which a bank holding company may retain shares acquired in a loan foreclosure, if: (1) the bank holding company has made a good faith attempt to dispose of such shares during the initial five-year period; or (2) disposal of such shares during the initial five-year period would have been detrimental to the company. Subtitle D: Interagency Banking and Financial Services Advisory Committee - Establishes the Interagency Banking and Financial Services Advisory Committee to improve the supervision, efficiency, and competitiveness of the financial services industry and make related recommendations to Federal agencies and the Congress. Subtitle E: Application and Registration Fees - Amends the BHCA of 1956 to authorize the Board to impose administrative fees upon FSHCs. Title II: Functional Regulation - Subtitle A: Brokers and Dealers - Amends the Securities Exchange Act of 1934 to define specified banks as "brokers" and "dealers" (current law excludes banks from such definition). (Sec. 203) Authorizes the SEC to exempt any person from the definition of "broker" or "dealer" if it finds such exemption is consistent with the purposes of this Act. (Sec. 204) Exempts loans made by a member bank to a broker or dealer from Board-prescribed margin requirements if the loan proceeds are to be used in the ordinary course of business (other than for the purpose of funding securities purchases for the account of such broker or dealer). Permits a broker-dealer to borrow from any person that agrees to comply with Federal Reserve Act strictures governing the use of credit to finance securities transactions. Subtitle B: Bank Investment Company Activities - Amends the Investment Company Act of 1940 to permit: (1) custody of investment company assets by an affiliated bank; and (2) a unit investment trust to designate an affiliated bank as trustee (currently a prohibited practice). (Sec. 211) Permits the SEC to bring a civil action against a custodian for a registered investment company for breach of fiduciary duty involving personal misconduct. (Sec. 212) Prohibits an investment company from knowingly acquiring a security during an underwriting or selling syndicate if the registration statement, or any other offering document pursuant to which the security is offered, states that any material part of the proceeds will be used to discharge indebtedness owed to the adviser of such registered investment company or any person controlling, controlled by, or under common control with the adviser. (Sec. 213) States that an affiliate of an investment company for a bank must comply with SEC rules when lending money to an investment company. (Sec. 214) Modifies the definition of "interested person" to identify transactions, services, and loans taking place during the preceding six months which would make a person an affiliated person of a broker or dealer. Prohibits a registered investment company from having a majority of its board of directors consisting of personnel or senior officers of the subsidiaries of any one bank, or of any single FSHC (and its affiliates and subsidiaries). (Sec. 215) Modifies the guidelines pertaining to unlawful misrepresentation of guarantees and the deceptive use of names. (Sec. 216) Modifies the definition of "broker" to state that it does not include any person solely by reason of the fact that such person is an underwriter for one or more investment companies. (Sec. 217) Modifies the definition of "dealer" to exclude an insurance or an investment company. (Sec. 218) Amends the Investment Advisers Act of 1940 to modify the definitions of investment adviser to remove the exclusion from such definition of an investment adviser for banks that advise investment companies. Revises the definitions of broker and dealer. (Sec. 221) Mandates interagency consultation between the appropriate Federal banking agency and the SEC regarding examination results and other information pertaining to the investment advisory activities of any registered FSHC and its separately identifiable departments or divisions. (Sec. 222) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to revise the exclusion from their purview of certain bank common trust funds to specify the exclusion of any interest or participation in any common trust fund or similar fund that is excluded from the definition of "investment company" under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to revise such exclusion guidelines for certain bank common trust funds. (Sec. 223) Amends the Investment Company Act of 1940 to prescribe circumstances under which an investment adviser holding shares of an investment company in a fiduciary capacity must transfer the power to vote such shares to the beneficial owners or to another fiduciary who is not an affiliate of such adviser. Title III: Bank Insurance Activities - Amends the Revised Statutes (National Bank Act) to declare that nothing in specified Federal banking regulatory law may be construed as limiting State authority to regulate the insurance activities of national banks. Prohibits the States from imposing discriminatory insurance regulatory and licensing requirements upon national banks, unless there is a legitimate and reasonable State regulatory purpose for a requirement for which there is no less restrictive alternative. (Sec. 302) Authorizes the Comptroller of the Currency to approve the application of a national bank with a main office or full-service bank in an empowerment zone to act as agent or broker from such office or branch for an insurance company if: (1) the bank provides sufficient evidence that competitively priced insurance in its empowerment zone is inadequate; and (2) the insurance is sold only in such empowerment zone. Authorizes the Comptroller to: (1) prescribe regulations governing sales of insurance by national banks; and (2) enforce State law with respect to a national bank. Title IV: Reductions in Government Overregulation - Subtitle A: The Home Mortgage Process - Amends the Real Estate Settlement Procedures Act (RESPA) to: (1) transfer certain rulemaking authority over disclosure requirements from the Secretary of Housing and Urban Development (HUD) to the Board of Governors of the Federal Reserve System (the Board); and (2) declare that the purpose of the Act is to eliminate kickbacks or referrals without directly regulating settlement services prices or wages to bona fide employees that are not designed as a subterfuge to facilitate kickbacks among affiliated companies. (Sec. 401) Precludes the Secretary of HUD from publishing a proposed or final regulation unless the Secretary has used a certain negotiated rulemaking procedure to attempt to negotiate and develop the rule. Distributes administrative enforcement authority regarding kickbacks and referrals among HUD, the Federal banking agencies, the National Credit Union Administration, the Board, and the Director of the Office of Thrift Supervision. Mandates that such agencies cooperate with one another in developing enforcement guidelines. Declares a statutory preference for administrative enforcement over criminal enforcement, except in appropriate cases. Restricts criminal sanctions to willful violations of law (current law penalizes unwillful and unintentional violations as well). Redesignates "a controlled business arrangement" as "an affiliated business arrangement". Repeals mandates for projects demonstrating: (1) a land parcel recordation system; and (2) preparation of statements of settlement costs for insertion into special information booklets. (Sec. 402) Sets a deadline by which the Board must take action under RESPA and the Truth in Lending Act (TILA) to simplify and provide a single format for credit transaction disclosures. (Sec. 403) Exempts from TILA disclosure requirements any transactions that the Board determines: (1) are not necessary to effectuate the Act's purposes; or (2) do not provide a measurable benefit in the form of useful information or consumer protection. (Sec. 404) Amends RESPA to repeal requirements that for certain federally related mortgage loans the lender disclose: (1) that it has previously assigned, sold, or transferred the servicing of such loans, or, during the most recent three-year period, a specified percentage of them; and (2), in the case of a lender who does not service federally related loans, a present intent to assign, sell or transfer them. Repeals the mandate for model disclosure statements. Excises from the definition of "federally related mortgage loan" any loan secured by a subordinate lien on residential real property (thereby removing second mortgages from RESPA requirements). Directs the Board to ensure that regulations pertaining to the business credit exemption from RESPA jurisdiction include all business credit exempted from TILA. (Sec. 405) Amends TILA to revise disclosure requirements to permit alternative disclosures for adjustable rate home mortgages which state that a monthly payment may increase or decrease significantly due to annual percentage rate increases. (Current law requires illustrations how a rate increase or decrease affects monthly payments). Grants creditors the option of disclosing, in any variable interest rate residential mortgage transaction secured by the consumer's principal dwelling with greater than a one-year term, either a statement that the monthly payment may change substantially, or an historical example illustrating the effects of interest rate changes implemented according to the loan program. Mandates additional disclosures pertaining to note rates and points for residential mortgage transactions, and a statement that the terms are subject to change. (Sec. 406) Treats as a finance charge certain voluntary noninsurance debt cancellation and deficiency waiver contracts with respect to a debtor's liability for amounts in excess of the value of the collateral securing the debtor's obligation, unless the debtor furnishes the creditor with a certain statement about such a contract. (Sec. 407) Revises certain TILA provisions for recovery of fees. (Sec. 408) Amends the Housing and Urban Development Act of 1968 to repeal the mandate for homeownership debt counseling availability notification. (Sec. 409) Amends the Home Mortgage Disclosure Act of 1975 to increase the maximum asset-size of institutions exempt from its purview from $10 million to $50 million. Authorizes the Board to exempt from the Act's disclosure requirements institutions whose asset-size is over $50 million if the burden of compliance outweighs the usefulness of the requisite information, unless it is reasonable to believe that the institution is not fulfilling its obligations to serve the housing needs of the communities and neighborhoods in which it is located. Declares that a depository institution shall be deemed to have satisfied the public availability notification requirements for its mortgage loan transactions if its branch offices provide notice of the availability upon request of the information from the home office. Subtitle B: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent to prohibit a supervisory agency from imposing additional burden, recordkeeping, or reporting when examining financial institutions. (Sec. 422) Requires the appropriate Federal financial supervisory agency, in assessing and taking into account the records of a regulated financial institution for purposes of CRA compliance, to consider as a positive factor the institution's investments and loans to: (1) any minority or women's depository institution or low-income credit union; (2) any joint ventures, entities, or projects providing benefits to distressed communities (regardless of whether or not the recipient institutions or communities are located within the regulated financial institution's chartered service area); and (3) targeted low- and moderate-income communities, including real property loans to such communities. Specifies other related positive factors to be considered. (Sec. 423) Prohibits regulations requiring additional CRA recordkeeping and loan data collection. (Sec. 424) Applies a requirement of metropolitan area distinctions, with respect to the public section of written institution evaluations, only to institutions that maintain domestic branches in two or more States. (Sec. 425) Expresses the sense of the Congress that the appropriate congressional committees should exercise aggressive oversight of the adoption and implementation of any CRA regulation by a Federal supervisory agency after the date of enactment of this Act. Requires such an agency to report to the Congress on the implementation of all CRA regulations. (Sec. 426) Amends the Federal Deposit Insurance Act (FDIA) to direct each Federal banking agency to ensure that its banking examiners consult on examination activities and resolve any inconsistent recommendations given to a depository institution. (Sec. 427) Amends the CRA to prohibit a Federal agency from prescribing any regulation which would: (1) require a financial institution to make any loan or enter into any agreement on the basis of any discriminatory criteria prohibited under Federal law; (2) make any loan to, or enter into any other agreement with, an uncreditworthy person that would jeopardize the institution's safety and soundness; or (3) hinder the institution's full responsibility to provide credit to all community segments. Subtitle C: Consumer Banking Reforms - Amends the Truth in Savings Act (TISA) to: (1) repeal the finding of the Congress that uniformity in the disclosure of terms and conditions on which interest is paid and fees are assessed would strengthen consumer ability to verify deposit accounts and make informed decisions; and (2) replace the current purpose requiring clear, uniform disclosure of interest rates and fees, with one requiring depository institutions to pay interest on the daily full amount of principal in interest-bearing consumer deposit accounts at the agreed-upon rate of interest. (Sec. 441) Repeals TISA disclosure requirements pertaining to interest rates and terms of accounts, including: (1) Board authority to prescribe regulations regarding account schedule information; (2) the mandate for readily understandable account terminology; (3) Board authority to prescribe annual percentage yield disclosures; (4) schedule distribution guidelines; (5) the mandate for clear, conspicuous disclosure of earned interest, yield and charges in periodic statements; (6) civil liability for depository institution non-compliance with disclosure requirements; (7) non-preemption of State law with regard to disclosure requirements; and (9) definitions of annual percentage yield, annual rate of simple interest, and multiple rate account. (Sec. 442) Amends the FDIA to allow depository institutions (including affiliates and subsidiaries) to exchange information without limitation if such information sharing is disclosed and the consumer has opportunity beforehand to direct that the information not be communicated. (Sec. 443) Revises the Electronic Fund Transfer Act (EFTA) to excludes from the definition of accepted card or other means of access any card, device, or computer that a person may use to pay for transactions through use of value stored on, or assigned to, the card, device, or computer itself, except for those transactions where such card, device, or computer is actually used to access an account to effect such transaction. Excludes from the definition of account any such stored or assigned value. (Sec. 444) Amends TILA to permit full creditor restitution payments over an extended period of adjusted finance charges to a person to whom credit was extended, with respect to an inaccurately disclosed annual percentage rate or finance charge, if the enforcing agency determines that such an extended period is necessary to avoid causing the creditor to become undercapitalized. Subtitle D: Equal Credit Opportunity Act Amendments - Equal Credit Opportunity Act Amendments of 1995 - States that the purpose of this Act is to combine the adverse action notification requirements of the Equal Credit Opportunity Act (ECOA) and the Fair Credit Reporting Act (FCRA) with respect to consumer credit applications, and to make the information which must be furnished more understandable. (Sec. 453) Revises ECOA notification requirements regarding adverse actions against credit applicants. Shields from liability for non-compliance persons who show by a preponderance of the evidence that they maintained reasonable procedures to ensure compliance at the time of the alleged violation. (Sec. 454) Revises specified FCRA disclosure requirements for users of consumer reports to eliminate such requirements for credit denials and adverse actions based on reports of persons other than consumer reporting agencies. (Sec. 455) Amends ECOA and the Fair Housing Act (the Acts) to add incentives for creditor self-testing and voluntary corrective action by prohibiting review, examination, or acquisition by an applicant in any legal proceeding of a creditor or other person's self-procured test or review of its lending activities, including residential real estate lending, if the self-test has identified discriminatory practices and the creditor or other person has taken or is taking appropriate corrective action to address the discrimination. Specifies circumstances in which an applicant or Government department or agency may obtain and use the results of a self-test in a proceeding or civil action. (Sec. 456) Requires the Attorney General to consult with the appropriate agency before bringing a civil action in connection with creditor self-testing under the Acts. Subtitle E: Consumer Leasing Act Amendments - Consumer Leasing Act Amendments of 1995 - Amends the Consumer Credit Protection Act (CCPA) to direct the Board to: (1) write regulations or staff commentary to update and clarify requirements and definitions for lease disclosures, contracts, and other issues related to consumer leasing which would carry out the purposes of the Consumer Leasing Act; and (2) publish model disclosure forms and clauses to facilitate compliance with such disclosure requirements and aid the consumer in understanding the transaction. (Sec. 464) Revises CCPA provisions relating to consumer lease advertising, repealing special requirements for radio advertisements. (Sec. 465) Limits creditor liability for statutory penalties for failure to provide specified consumer lease disclosures. Title V: Streamlining Government Regulations - Subtitle A: Regulatory Approval Issues - Amends the Bank Holding Company Act (BHCA) to identify criteria for a well-capitalized and well-managed banking organization under which an acquisition of shares in another banking organization by an FSHC, or a merger or consolidation between registered FSHCs, shall be deemed to be approved. (Current law requires prior Board approval). (Sec. 502) Amends the FDIA and the National Bank Consolidation and Merger Act to cite conditions under which prior approval is not required for any merger, consolidation, asset acquisition, or liabilities assumption involving only insured depository institution subsidiaries of the same depository institution holding company. (Sec. 503) Permits any insured depository institution to participate in optional conversion transactions between members of the Bank Insurance Fund and the Savings Association Insurance Fund (Oakar transactions) without the prior written approval of the responsible agency. Repeals guidelines for agency approval of such transactions (but retains the proscription against transactions which result in the transfer of any insured depository institution's Federal deposit insurance from one Federal deposit insurance fund to the other). (Sec. 504) Amends the Home Owners' Loan Act (HOLA) to remove from its regulatory purview an FSHC subject to the Financial Services Holding Company Act of 1995, and exclude it from the definition of "savings and loan holding company." Amends the BHCA of 1956 to mandate cooperation between the Board and the Director of the Office of Thrift Supervision regarding supervision and enforcement over bank holding companies that control savings associations. Amends HOLA to provide that any savings association which meets specified Internal Revenue Code requirements shall be deemed to be a qualified thrift lender. (Sec. 505) Amends the BHCA of 1956 to repeal the provision that shares transferred by a bank holding company to a transferee under its control are deemed to be under such holding company's control unless the Board determines otherwise and approves the divestiture. (Sec. 506) Amends the Revised Statutes, the Federal Reserve Act (FRA), and the FDIA to delineate conditions under which prior approval is not required for well-capitalized and well-managed banks to establish and operate a branch or seasonal agency. (Sec. 507) Amends the Revised Statutes and the FDIA to exclude from the definition of "branch" an automated teller machine or remote service unit (thus exempting those entities from approval requirements of such Acts). (Sec. 508) Amends the FRA to exempt well-capitalized and well-managed banks from the approval requirement for investments in bank premises. (Sec. 509) Amends the FDIA to authorize the appropriate Federal banking agency to waive, on a case-by-case basis, prior notice requirements pertaining to new officer or director appointments of certain undercapitalized or troubled institutions. (Sec. 510) Amends the Federal Credit Union Act to increase from $10,000 to $50,000 the aggregate amount of loans that may be made to Credit Union officials without approval of the board of directors. Subtitle B: Streamlining of Government Regulations; Miscellaneous Provisions - Amends the Revised Statutes to repeal the aggregate minimum per-branch capital requirements imposed upon a national banking association and its branches. (Sec. 522) Amends the FDIA to exclude automated teller machines and bank branches in specified merger or relocation situations from the definition of "bank branch" (thus exempting them from Federal bank closure notification requirements). Makes such exemption retroactive to the enactment of the Federal Deposit Insurance Corporation Improvement Act of 1991. (Sec. 523) Amends the Depository Institutions Management Interlocks Act to exempt management officials of depository institutions or holding companies with small (under 20 percent) market shares from prohibitions against dual service with unaffiliated institutions or companies in the same geographic banking market. Raises from $1 billion to $2.5 billion the asset-size ceiling beneath which a depository institution or depository holding company may retain directors and management officials performing dual service for nonaffiliated institutions whose total assets do not exceed $1.5 billion (currently $500 million). Authorizes Federal regulatory agencies to adjust such ceiling annually for cost-of-living increases. Extends a specified grandfather exemption which allows certain management officials to continue dual service despite interlocks prohibitions (thus permitting them to continue their dual service permanently). (Sec. 524) Directs the Appraisal Subcommittee of the Financial Institutions Examination Council to accelerate repayment of specified funds to the Treasury. (Sec. 525) Amends the FRA to permit loans to executive officers, directors, or principal shareholders (insider lending) made pursuant to a benefit or compensation program widely available to employees of the member bank. Expands the Board's authority to exempt specified executive officers and directors from the proscription against preferential lending terms. Repeals the requirement that: (1) an executive officer indebted to a bank over a certain lawful amount submit a written report of such debt to the board of directors; and (2) a member bank include in its condition of report all loans to executive officers made since its previous report. Amends the FDIA to repeal Federal banking agency authority to require banks to disclose loans made to their executive officers or principal shareholders. Amends the Bank Holding Company Act Amendments of 1970 to repeal the requirement that bank executive officers and stockholders who own more than a ten percent controlling interest report to the bank's board of directors those loans made to them by a bank maintaining a correspondent account. Amends the FRA to permit a member bank to make available to its executive officers: (1) home equity lines of credit of up to $100,000; and (2) loans secured by readily marketable assets. (Sec. 526) Amends the FDIA to allow the appropriate Federal banking agency to increase from $175 million to $250 million the asset-size ceiling on certain small depository institutions whose mandatory periodic on-site examinations make take place every 18 months instead of annually. Requires the Federal banking agencies to report semiannually to the Congress regarding implementation of a coordinated Federal bank examination system until it is in place and provides full coordination of examinations of State depository institutions with State bank supervisors. (Sec. 527) Amends the Right to Financial Privacy Act to require a Government authority to reimburse a financial institution for assembling or providing the financial records of corporate customers. (Sec. 528) Amends specified Federal monetary law to repeal the requirement that depository institutions identify domestic nonbank financial institution customers. (Sec. 529) Requires each appropriate Federal banking agency and the National Credit Union Administration to conduct a paperwork reduction review, and eliminate any requirements for unnecessary internal written policies. (Sec. 530) Instructs the Secretary of the Treasury to revise the daily confirmation requirement under the Securities Exchange Act of 1934 concerning hold-in custody repurchase agreements to permit the counterparty to the agreement to waive such confirmation upon receipt of certain disclosures. (Sec. 531) Requires the Financial Institutions Examination Council and each Federal banking agency represented on it to review and identify unnecessary regulations every ten years and report thereon to the Congress. (Sec. 532) Amends the International Lending Supervision Act to change from mandatory to discretionary the duty of each appropriate Federal banking agency to: (1) require a banking institution to maintain a special reserve whenever the quality of its assets has been impaired by protracted inability of debtors in a foreign country to make payments; (2) analyze the results of foreign loan rescheduling negotiations and attendant loan risks; and (3) ensure that bank capital and reserve positions are adequate to accommodate potential losses on foreign loans. (Sec. 533) Amends FDIA financial management accountability guidelines to: (1) repeal certain internal control evaluation and reporting attestation requirements for independent public accountants; (2) permit Federal agencies to designate certain required reports of financial condition as privileged and confidential and not available to the public; and (3) exempt well-capitalized and well-managed insured depository institutions from mandatory financial management status reports (although not from the requirement of independent financial audits). (Sec. 534) Amends the FDIA to exclude outside directors from the primary definition of an "institution-affiliated party" but include them in such definition as independent contractors if they have knowingly or recklessly participated in certain prohibited activities. (Sec. 535) Amends the International Banking Act of 1978 to: (1) prescribe guidelines under which the Board may approve a foreign bank application to establish a U.S. presence even though it is not subject to comprehensive supervision on a consolidated basis in its home country; and (2) authorize termination of a foreign bank office if the appropriate authorities in its home country are not making progress in establishing arrangements for such supervision. (Sec. 536) Directs the Board to avoid unnecessary duplication of foreign bank examinations. Subjects foreign banks to the same on-site examination schedule and examination fee collections as apply to domestic banks. (Sec. 537) Amends the TILA to redefine "mortgage" as a consumer credit transaction secured by a subordinate mortgage on the consumer's principal dwelling. Repeals the exclusion of a residential mortgage transaction from such definition (thus permitting its inclusion). Dismisses all TILA administrative enforcement proceedings regarding high-cost, non-subordinate residential mortgage transactions pending upon the date of enactment of this Act. (Sec. 538) Revises FDIA guidelines to approve new activities of a State bank and its subsidiaries if the FDIC has not disapproved the bank's prior 60-day written notice of intent to engage in such activities. (Sec. 539) Amends the Revised Statutes to repeal the requirement that three bank directors, in addition to the officer making the declaration, attest in writing the correctness of reports of condition. (Sec. 540) Renames the Bank Service Corporation Act as the Bank Service Company Act. Defines a bank service company as: (1) any corporation organized to perform the services authorized by this Act whose capital stock is owned by one or more insured banks; and (2) any limited liability company organized to perform the services authorized by this Act whose members are one or more insured banks. Makes technical and conforming amendments. (Sec. 541) Amends the FRA to increase from ten percent to 25 percent the amount of capital and surplus that a national bank may invest in the stock of Edge Act subsidiaries and certain financial service corporations held by a member bank's non-U.S. branches. (Sec. 542) Requires each appropriate Federal banking agency to report to certain congressional committees on its actions to reconcile Regulatory Accounting Principles and Generally Accepted Accounting Principles, thereby eliminating inconsistent or duplicative accounting and reporting requirements applicable to mandatory reports filed by insured depository institutions. (Sec. 543) Permits the Comptroller of the Currency to waive the residency requirement for national bank directors. Title VI: Lender Liability - Expresses the sense of the Congress that: (1) a person who holds indicia of ownership primarily to protect a security interest in a vessel or facility should not be considered to have participated in management for purposes of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 unless such person exercises specified decisionmaking and managerial control; (2) the term "participation in management" as defined in such Act should not include specified acts or activities; (3) the term "security interest" as defined in such Act should include specified rights accruing to a person to secure an obligation; and (4) the Congress should address the potential Superfund and Resource Conservation and Recovery Act liability of fiduciaries and lenders. Title VII: Annual Study and Report on Impact on Lending to Small Business - Directs the following agencies to submit a joint annual report to the Congress on the extent to which the regulatory reductions under this Act have resulted in increased lending to small businesses: (1) the Federal Reserve Board; (2) the Director of the Office of Thrift Supervision; (3) the Comptroller of the Currency; and (4) the FDIC Board of Directors.

Small Business Remediation Act of 1995

United States · United States Congress · 24 October 1995

Small Business Remediation Act of 1995 - Requires the maximum level of remediation of dry cleaning solvents in soil, surface water, groundwater, and other environmental media (soil) that a Federal, State, local agency, or court may require of a person engaged in dry cleaning, or of the owner of land or a facility in which such a person is conducting dry cleaning, to be one-tenth the equivalent exposure of the workplace standard for such solvents established by the Secretary of Labor under the Occupational Safety and Health Act of 1970. Requires: (1) the National Institute of Environmental Health Sciences to publish in the Federal Register its computation, based on realistic scientific assumptions, of equivalent exposure by ingestion, inhalation, and absorption indices for the general public, for soil in nonoccupational circumstances; and (2) the equivalent exposure to be calculated from the workplace standard for dry cleaning solvents which assures that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure for the employee's entire working lifetime. Specifies that nothing in this Act shall: (1) preempt or otherwise prevent a Federal, State, or local government or private party from remediating soil to a lower level than the maximum level of remediation at its own cost and expense; or (2) alter or affect the Federal drinking water standards under the Public Health Service Act.

Balanced Budget Reconciliation Act of 1995

United States · United States Congress · 23 October 1995

TABLE OF CONTENTS: Title I: Committee on Agriculture, Nutrition, and Forestry Subtitle A: Commodity Programs Subtitle B: Conservation Subtitle C: Agricultural Promotion and Export Programs Subtitle D: Nutrition Assistance Title II: Committee on Armed Services Title III: Committee on Banking, Housing, and Urban Affairs Title IV: Committee on Commerce, Science, and Transportation Subtitle A: Communications Subtitle B: Oceans and Fisheries Subtitle C: Rail Infrastructure Title V: Committee on Energy and Natural Resources Subtitle A: United States Enrichment Corporation Subtitle B: Department of the Interior Conveyances Subtitle C: Arctic Coastal Plain Leasing and Revenue Act Subtitle D: Park Entrance Fees Subtitle E: Water Projects Subtitle F: Federal Oil and Gas Royalties Subtitle G: Department of Energy Subtitle H: Mining Subtitle I: Department of the Interior Subtitle J: Power Marketing Administrations Subtitle K: Radio and Television Communication Site Fees Subtitle L: Amendments to Outer Continental Shelf Lands Act Title VI: Committee on Environment and Public Works Title VII: Committee on Finance-Spending Control Provisions Subtitle A: Medicare Subtitle B: Transformation of the Medicaid Program Subtitle C: Block Grants for Temporary Assistance for Needy Families Subtitle D: Supplemental Security Income Subtitle E: Child Support Subtitle F: Noncitizens Subtitle G: Additional Provisions Relating to Welfare Reform Subtitle H: Reform of the Earned Income Tax Credit Subtitle I: Increase in Public Debt Limit Subtitle J: Correction of Cost of Living Adjustments Title VIII: Committee on Governmental Affairs Title IX: Committee on the Judiciary Title X: Committee on Labor and Human Resources Title XI: Committee on Veterans' Affairs Subtitle A: Extension of Certain Authorities Subtitle B: Cost-of-Living Adjustments in Compensation Rates Subtitle C: Educational Benefits Subtitle D: Miscellaneous Title XII: Committee on Finance-Revenue Provisions Subtitle A: Family Tax Relief Subtitle B: Savings and Investment Incentives Subtitle C: Health Related Provisions Subtitle D: Estate Tax Reform Subtitle E: Extension of Expiring Provisions Subtitle F: Taxpayer Bill of Rights 2 Provisions Subtitle G: Casualty and Involuntary Conversion Provisions Subtitle H: Exempt Organizations and Charitable Reforms Subtitle I: Tax Reform and Other Provisions Subtitle J: Pension simplification Balanced Budget Reconciliation Act of 1995 - Title I: Committee on Agriculture, Nutrition, and Forestry - Agricultural Reconciliation Act of 1995 - Subtitle A: Commodity Programs - Amends the Agricultural Act of 1949 to rename title III, "Annual Programs for 1996 Through 2002 Crops". States that: (1) in order to be eligible for one or more of the programs under the title, land on a farm must have been enrolled in one or more of the annual programs under the Act for rice, upland cotton, feed grains, or wheat for a total of at least three of the 1991 through 1995 crop years; (2) for the purpose of determining eligibility of land for enrollment in one or more of the annual programs, acreage shall include acreage on a farm considered planted under Act provisions used to determine crop acreage bases; and (3) enrollment in the annual program for a program crop shall be required as a condition of the receipt of any payment or loan under title III for the program crop. (Sec. 1102) Establishes loan and payment levels through 2002 for crops of rice, upland cotton, feed grains, and wheat. (Sec. 1106) Establishes the price support for milk through December 31, 2002. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to repeal the milk manufacturing marketing adjustment provisions. (Sec. 1107) Extends loans and payments for oilseeds through the 2002 marketing year. (Sec. 1108) Extends the sugar price support through 2002 crops. (Sec. 1109) Directs the Secretary of Agriculture to provide for the establishment and maintenance of an historical soybean acreage for each farm. Permits peas and lentils to be planted for harvest on the payment acres of a crop acreage base. Revises acreage considered planted provisions. Terminates eligibility for loans when any crop or conserving crop is planted on the acres of a crop acreage base that is ineligible for payments, with a special provision concerning upland cotton or rice. Sets forth limitations on acreage and payments. Extends: (1) farm program payment yields based on the 1990 crop year to 2002; and (2) additional yield payments through 2002 crop years. Repeals provisions relating to: (1) no crop or yield available; (2) national, State, or county yields; and (3) balancing yields. Extends current law provisions with respect to the acreage base and yield system through 2002 program crops. (Sec. 1110) Amends the Food Security Act of 1985 to extend related price support provisions. (Sec. 1111) Repeals specified provisions of the Agricultural Adjustment Act of 1938 concerning farm marketing quotas, the national marketing quota for peanuts, and legislative findings. Directs the Secretary of Agriculture to terminate the tree assistance program. (Sec. 1112) States that the monthly Commodity Credit Corporation (CCC) interest rate applicable to loans provided for agricultural commodities by the Corporation shall be 100 basis points greater than the rate determined under the applicable interest rate formula in effect on October 1, 1995. (Sec. 1113) Extends through 2000 crops, with respect to peanuts the: (1) price support program; and (2) sale, lease, or transfer of the farm poundage quota. (Sec. 1114) Limits specified current catastrophic crop insurance requirements to 1995 and 1996 crops. (Sec. 1115) Directs the Director of the Congressional Budget Office to report concerning direct savings obtained from programs under this subtitle and subtitles B and C. (Sec. 1116) Expresses the sense of the Senate that tax incentives to promote ethanol and its derivative ETBE should not be diminished. Subtitle B: Conservation - Amends the Food Security Act of 1985 to provide mandatory FY 1996 through 2002 funding through the CCC for the conservation reserve and wetlands programs, and the livestock environmental assistance program. Establishes the environmental quality incentives program to provide FY 1996 through 2002 technical assistance and cost-sharing and incentive payments to crop and livestock producers who enter into land management and structural contracts to protect water, soil, and related resources from livestock-related degradation. (Makes waste management facility construction ineligible for cost-sharing payments.) Replaces wetlands reserve program permanent easement authority with 20 or 30-year easement authority. Limits conservation reserve program total acreage enrollment to 36,400,000 acres during the 1986 through 2002 calendar years and prohibits total spending for such reserve to exceed specified mandatory spending limitations. Subtitle C: Agricultural Promotion and Export Programs - Amends the Agricultural Trade Act of 1978 to: (1) authorize specified FY 1996 through 2002 appropriations for the market promotion program; and (2) authorize specified FY 1996 through 2002 funding from the CCC for the export enhancement program. Subtitle D: Nutrition Assistance - Chapter 1 - Food Stamp Program - Amends the Food Stamp Act of 1977 to authorize States to establish additional criteria for separate household determinations. (Sec. 1403) Revises thrifty food plan adjustment requirements. (Sec. 1404) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence. (Sec. 1405) Allows for State options in regulations for the uniform national standards of eligibility. (Sec. 1406) Revises household income exclusion provisions regarding Federal energy assistance. (Sec. 1407) Revises household income deduction provisions regarding: (1) standard deduction and (2) homeless shelter assistance. (Sec. 1408) Eliminates specified excludable auto value increases. (Sec. 1409) Revises the scope of sponsor-attributed income and resources regarding alien program eligibility. Provides a limitation on the measurement of attributed income and resources of a sponsor or a sponsor's spouse. Revises eligibility requirements for certain aliens. (Sec. 1410) Revises work requirement and employment and training provisions. (Sec. 1411) Limits employment and training funding to FY 1995 amounts and extends funding authorizations. (Sec. 1412) Allows States the option of considering either all of the income and financial resources of an alien rendered ineligible to participate in the food stamp program in calculating income. (Sec. 1413) Authorizes comparable program disqualification based upon welfare or public assistance disqualification. (Sec. 1414) Requires at State option: (1) cooperation with child support agencies in order to maintain program eligibility; and (2) program disqualification for child support arrears. (Sec. 1416) Disqualifies permanently an individual who participates in the program in two or more States. (Sec. 1417) Defines "work program." (Sec. 1420) Eliminates annual minimum allotment adjustments. (Sec. 1422) Authorizes program reductions for failure to comply with a public assistance reduction requirement. (Sec. 1423) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center. (Sec. 1424) Directs program over-issuances to be collected by: (1) allotment reduction; (2) unemployment compensation withholding; or (3) Federal pay or Federal income tax refund recovery. (Sec. 1425) Terminates Federal matching requirements for program informational activities. (Sec. 1426) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions. (Sec. 1427) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions. (Sec. 1428) Authorizes appropriations for program operations (Sec. 1429) Directs the Secretary to establish a program to make grants to States, as specified, to provide: (1) food assistance to needy individuals and families residing in the State; and (2) at the option of the State, wage subsidies and payments in return for work for needy individuals under the program. Chapter 2: Child Nutrition Programs - Part I: Reimbursement Rates - Amends the National School Lunch Act to terminate the additional lunch payment for schools with high percentages of free or reduced price lunches. (Sec. 1442) Revises annual adjustment provisions for lunches, breakfasts, and supplements. Part II: Grant Programs - Amends the Child Nutrition Act of 1966 to: (1) terminate school breakfast startup grants. Part III: Other Amendments - Amends the National School Lunch Act to revise provisions regarding day care home reimbursements. Obligates funds for family or group day care homes assistance. Chapter 3 - Additional Savings - Revises household income exclusion provisions regarding students. (Sec. 1472) Revises the standard deduction with respect to computing household income. (Sec. 1473) Allows housing assistance payments made to a vendor on behalf of a household residing in transitional housing for the homeless to be considered as payable directly to the household for the purposes of computing household income. (Sec. 1474) Extends current claims retention rates with respect to administrative cost-sharing and quality control, from FY 1995 to FY 2002. (Sec. 1475) Authorizes appropriations for Puerto Rico block grants. (Sec. 1476) Revises annual adjustment provisions for the value of food assistance. (Sec. 1477) Amends the National School Lunch Act to decrease the minimum amount of commodity assistance from 12 to ten percent. (Sec. 1478) Revises service institution payment provisions for the summer food service program for children. (Sec. 1479) Amends the Child Nutrition Act of 1966 to revise annual adjustment provisions for the special milk program. (Sec. 1480) Amends the Child Nutrition Act of 1966 to reduce annual authorizations of appropriations for nutrition education and training programs. Chapter 4 - Effective Date - Sets forth an effective date. Title II: Committee on Armed Services - Directs the Secretary of Energy to sell all U.S. rights and interests to lands inside Naval Petroleum Reserve Number 1 (Elk Hills unit), Kern County, California. Directs the Secretary, within five months after the effective date of this Act, to finalize the equity interests of the known oil and gas zones in the Elk Hills unit after following the recommendations of an independent petroleum engineer or using other appropriate methods. Provides time limits and administrative procedures for such sale, including a requirement that the Secretary retain an investment banker to independently administer the sale of Elk Hills under specified time limitations. Directs the United States to hold harmless and indemnify the purchaser of the Elk Hills unit from any liability resulting from its former ownership by the United States. Reserves seven percent of the sale proceeds from the Elk Hills unit for the resolution of all claims against the United States by California with respect to the production of, and proceeds of petroleum sales from, the Elk Hills unit. Requires the continued full production of the Elk Hills unit until completion of the sale. Provides transition provisions with respect to current petroleum contracts at Elk Hills. Prohibits the Secretary from entering into a contract for the sale of the Elk Hills unit until 31 days after notifying the defense committees. Prohibits the Secretary from entering into a sales contract if only one offer is received, unless: (1) the Secretary notifies the Congress about the offer; and (2) a joint resolution approving such sale is enacted within 45 days after such notification. Provides joint resolution procedures. Requires the Comptroller General to monitor the Secretary's actions with regard to the sale and to submit an oversight report to the defense committees. Authorizes the Secretary to enter into contracts for the acquisition of necessary services in connection with such sale. Directs the Secretary to sell all U.S. rights and interests to lands inside the naval petroleum reserves other than the Elk Hills unit. Provides administrative requirements for such sale identical to those pertaining to the Elk Hills unit, including congressional notification and the passage of a joint resolution. (Sec. 2002) Directs the President to sell such quantities of specified materials currently contained in the National Defense Stockpile as are necessary to achieve $649 million in total proceeds by the end of FY 2002. Title III: Committee on Banking, Housing, and Urban Affairs - Instructs the Board of Directors (the Board) of the Federal Deposit Insurance Corporation (FDIC) to impose a special assessment on the Savings Association Insurance Fund (SAIF)-assessable deposits of each insured depository institution at a rate determined by the Board to cause the SAIF to achieve a designated reserve ratio. Mandates deposit of such special assessment into the SAIF. Grants the Board discretion to exempt certain weak insured depository institutions from paying such special assessment to reduce risk to the SAIF. Requires such institutions to pay semiannual assessments into the SAIF and the Deposit Insurance Fund (created by this Act) based on SAIF-assessable deposits of those institutions. (Sec. 3001) Amends the Federal Home Loan Bank Act to reflect the changes made by this Act. Amends the Federal Deposit Insurance Act to prescribe guidelines under which the Board of Directors may provide an assessment credit with respect to Bank Insurance Fund (BIF) assessments if the FDIC determines that the reserve ratio of the BIF is expected to exceed the designated reserve ratio during the succeeding semiannual period. Declares that assessment rates for SAIF members shall not be lower than for BIF members of comparable risk until the first full semiannual period following the last maturity date of all obligations issued by the Financing Corporation. Merges the BIF and the SAIF (including their respective assets and liabilities) into the Deposit Insurance Fund (DIF). Places any SAIF reserve ratio which exceeds the designated reserve ratio into the DIF Special Reserve. Mandates that all amounts assessed against insured depository institutions by the FDIC be deposited into the DIF. Establishes a Special Reserve of the DIF from which the FDIC is authorized to transfer amounts to the DIF if the DIF reserve ratio is under 50 percent of the designated reserve ratio, according to prescribed emergency guidelines. Excludes the Special Reserve from any calculation of the DIF reserve ratio. (Sec. 3002) Instructs the Secretary of the Treasury to study and report to the Congress on the feasibility of converting the FDIC into a self-funded deposit insurance system. (Sec. 3003) Amends the United States Housing Act of 1937 to: (1) direct the Secretary of Housing and Urban Development to modify rent adjustments using an operating costs factor that increases the rent to reflect increases in operating costs in the market area; and (2) specify restraints upon Section 8 rent increases for stayers in the certificate program. Title IV: Committee on Commerce, Science, and Transportation - Subtitle A: Communications - Amends the Communications Act of 1934 (the Act) to provide that unless the Federal Communications Commission (FCC) submits to the Congress within 180 days and the Congress takes action to approve a proposal to use authority for the assignment of initial licenses or construction permits for use of the electromagnetic spectrum allocated but not assigned for television (TV) broadcast services as of the date of enactment of this Act, certain competitive bidding requirements of the Act shall not apply to licenses or construction permits issued by the FCC: (1) that are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital TV services assigned by the FCC to existing terrestrial broadcast licensees to replace their existing TV licenses. Prohibits the FCC, except as so provided, from assigning initial licenses or construction permits under this title to terrestrial commercial TV broadcast licensees to replace their existing broadcast licenses before January 1, 1998. Extends through FY 2002 FCC authority to grant such licenses or permits. Directs the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) as of this Act's enactment date, have not been assigned or designated by FCC regulation for assignment, identified by the Secretary of Commerce as reallocable frequencies pursuant to the National Telecommunications and Information Administration Organization Act (NTIAO), or reserved for Federal Government use pursuant to the Act. Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2000. Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication, the needs of public safety radio services, and the costs to satellite service providers that could result from multiple auctions of like spectrum internationally for global satellite systems; and (3) comply with the requirements of international agreements concerning spectrum allocations. Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and allocated for Government use but that could be reallocated pursuant to the NTIAO Act. Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to the Omnibus Budget Reconciliation Act of 1995, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice. Authorizes any Federal entity which operates a Government station, in order to expedite the efficient use of the electromagnetic spectrum, to accept payment in advance, in-kind reimbursement of costs, or both to defray entirely the expenses of reallocating the Federal entity's operations from one radio spectrum frequency to another. Sets forth provisions regarding: (1) the process for relocation; (2) the right to reclaim the station under specified circumstances; (3) Federal action to expedite the spectrum transfer; and (4) identification and reallocation of auctionable frequencies, including allocation and assignment of frequencies identified in the second reallocation report. (Sec. 4002) Modifies the Schedule of Regulatory Fees to be paid annually for specified VHF and UHF commercial markets. Subtitle B: Oceans and Fisheries - Amends the Omnibus Budget Reconciliation Act of 1990 to prohibit the Secretary from establishing certain inspection or examination fees or charges: (1) of more than $300 annually for passenger vessels under 65 feet in length or more than $600 annually for such vessels 65 feet in length and greater; and (2) for any publicly-owned ferry. (Sec. 4022) Revises the Oil Pollution Act of 1990 to provide that the amount of funding to be made available annually to carry out provisions regarding the Prince William Sound Oil Spill Recovery Institute shall be the interest produced by the Oil Spill Liability Trust Fund's investment of the $22,500,000 remaining funding authorized for the Institute and currently deposited in the Fund and invested by the Secretary of the Treasury in income producing securities along with other funds comprising the Fund. Specifies that, beginning with the eleventh year following the date of enactment of the Coast Guard Authorization Act of 1995, the funding authorized for the Institute and deposited in the Fund shall thereafter be made available for specified authorized purposes in Alaska. Subtitle C: Rail Infrastructure - Directs the Secretary of Transportation to issue to the Secretary of the Treasury notes or other obligations pursuant to the Railroad Revitalization and Regulatory Reform Act of 1976 (for railroad rehabilitation and improvement financing) in such amounts and at such times as necessary to pay any sums required pursuant to the guarantee of the principal amount of obligations as long as any such guaranteed obligation is outstanding. Prohibits the Secretary of Transportation from making certain loan guarantee commitments in excess of $100 million during each of FYs 1996-2002. Makes available $10 million for loan guarantee commitments made during each of those fiscal years. (Sec. 4032) Authorizes funding for local rail freight assistance through FY 1997. (Sec. 4033) Authorizes the Secretary of Transportation to declare that a disaster has occurred and that it is necessary to repair and rebuild rail lines damaged as a result of such disaster, in which case the Secretary may: (1) waive specified requirements; (2) consider the extent to which the State has available unexpended local rail freight assistance funds or available repaid loans; and (3) prescribe the form and time for applications for assistance. Prohibits the Secretary from providing such assistance unless emergency disaster relief funds are appropriated for that purpose. (Sec. 4034) Allows financial assistance for State local rail freight assistance projects to be used for the cost of: (1) closing or improving a railroad grade crossing or a series of crossings; and (2) creating a State supervised grain car pool. Title V: Committee on Energy and Natural Resources - Subtitle A: United States Enrichment Corporation - USEC Privatization Act - Directs the Board of Directors of the United States Enrichment Corporation (USEC) to transfer USEC ownership to a private corporation established under this Act. Mandates the inclusion of sale proceeds in the budget baseline required by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), and its inclusion as an offset to direct spending. (Sec. 5005) Requires USEC directors to establish a private not- for-profit and non-Government-related corporation under the laws of a State for the purpose of receiving the assets and obligations of USEC at privatization and continuing USEC business operations following privatization. (Sec. 5007) Directs USEC to transfer the lease of gaseous diffusion plants and related property at Paducah, Kentucky, and Piketon, Ohio, to the private corporation concurrent with such privatization. Prohibits the Secretary of Energy from leasing to the private corporation facilities necessary for the production of highly enriched uranium. (Sec. 5008) Prescribes procedural guidelines for: (1) transfer of contracts to the private corporation, including the right to purchase power from the Secretary under previous power purchase contracts for the gaseous diffusion plants; (2) assignment of USEC liabilities; (3) pension, post-retirement health benefit, and collective bargaining agreement protections for contractor employees at the two gaseous diffusion plants; and (4) retention of Federal retirement and health benefits by former Federal employees. (Sec. 5011) Prohibits USEC directors, officers, or employees from acquiring any securities (or rights to acquire any securities) of the private corporation on terms more favorable than those offered to the general public in specified circumstances. (Sec. 5012) Requires the U.S. Executive Agent under the Russian HEU Agreement to transfer to the Secretary without charge title to an amount of uranium hexafluoride (based on a tails assay of 0.30 U235) equivalent to the natural uranium component of low-enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent under such Agreement. Deems such uranium hexafluoride to be of Russian origin. Requires the Secretary to sell, and receive payment for, the transferred uranium hexafluoride for: (1) overfeeding in the operations of enrichment facilities in the United States; (2) end use outside the United States; or (3) consumption by end users in the United States after January 1, 2002, according to a specified schedule beginning in 1998. Requires the U.S. Executive Agent, upon request of the Russian Executive Agent, to deliver concurrently to such Agent, an amount of uranium hexafluoride equivalent to the natural uranium component of such low-enriched uranium. Provides for auction of such uranium hexafluoride, or U3O8 (in the event that the conversion component of such hexafluoride has previously been sold), if the Russian Executive Agent does not exercise its right to agree to take delivery of the natural uranium component of any low-enriched uranium within 90 days after delivery of such low-enriched uranium to the U.S. Executive Agent. Grants the Secretary of Commerce responsibility for administration and enforcement of the limitations set forth in this section. Requires the Secretary of Energy to transfer to USEC without charge up to 50 metric tons of enriched uranium and up to 7,000 metric tons of natural uranium from the Department of Energy (DOE) stockpile. Prohibits USEC from delivering for commercial end use in the United States: (1) any of such uranium before January 1, 1998; (2) more than ten percent of such uranium or more than 4 million pounds, whichever is less, in any calendar year after 1997; or (3) more than 800,000 separative work units contained in low-enriched uranium transferred in any calendar year. Authorizes the Secretary to sell, from time to time, natural and low-enriched uranium from the DOE stockpile, subject to specified conditions. Permits DOE transfer or sale of enriched uranium to: (1) Federal agencies; (2) any person for national security purposes; or (3) any State or local agency or non-profit, charitable, or educational institution for use other than the commercial generation of electricity. (Sec. 5013) Prescribes guidelines under which the Secretary shall accept low-level radioactive waste (including depleted uranium if ultimately determined to be such waste) for disposal at the request and expense (by reimbursement) of the generator. (Sec. 5014) Grants USEC exclusive commercial rights to deploy and use any federally owned or controlled Atomic Vapor Laser Isotope Separation (AVLIS) patents, processes and technical information, upon completion of a royalty agreement with the Secretary. Instructs the President to transfer related AVLIS property (except those related to the gaseous diffusion, gas centrifuge, and uranium enrichment programs) to USEC upon its request. (Sec. 5015) Grants the Corporation exclusive commercial rights for both uranium enrichment and non-uranium enrichment uses of patents, patent applications, trade secrets, and other technical information related to federally owned or controlled gaseous diffusion technology. Provides for payment of royalties by USEC to the Department of Energy for such uses. (Sec. 5017) Amends the Atomic Energy Act of 1954 to: (1) repeal the mandate and authority of USEC as of the privatization date; and (2) exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using AVLIS technology, and make such a facility eligible for one-step licensing. Prohibits issuance of any license or certificate of compliance to USEC or its successor if its issuance would, in the opinion of the Nuclear Regulatory Commission (NRC), be inimical to: (1) the common defense and security of the United States: or (2) maintenance of a reliable and economical domestic source of enrichment services because of the nature and extent of USEC ownership, control or domination by a foreign corporation or government or any other relevant factors or circumstances. Provides for periodic application of USEC for NRC certification at least once every five years (instead of annually). Revises the purview of judicial review of NRC actions to include: (1) any final order establishing standards to govern DOE gaseous diffusion uranium enrichment facilities, including facilities leased to a corporation established under this Act; and (2) any final determination relating to whether such facilities comply with such standards. Provides for civil money penalties for violations of licensing or certification requirements. Subtitle B: Department of the Interior Conveyances - Part I: California Land Directed Sale - Conveys all Federal right, title and interest in the San Bernardino Meridian, California, to the Department of Health Services of the State of California. Mandates deposit of sale proceeds in the Treasury as miscellaneous receipts. Provides for reversion of such lands to the United States if the property is not used as a low-level radioactive waste disposal facility before October 1, 2010. Part II: Helium Reserves - Helium Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store, transport, and sell crude helium; and (4) maintain and operate existing crude helium storage facilities at the Bureau of Mines Cliffside Field. (Sec. 5112) Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. (Sec. 5114) Instructs the Secretary to eliminate helium stockpiles by a certain deadline. Repeals the Secretary's authority to borrow under the Helium Act. Subtitle C: Arctic Coastal Plain Leasing and Revenue Act - Arctic Coastal Plain Leasing and Revenue Act of 1995 - Instructs the Secretary of the Interior to implement a competitive leasing program for oil and gas exploration, development and production within the coastal plain of the Arctic National Wildlife Refuge. States that no further findings or decisions shall be required to implement this directive (thereby avoiding statutorily-mandated environmental determinations). (Sec. 5204) Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its proscription against oil and gas production, leases, or development in the Arctic National Wildlife Refuge. Declares this subtitle the sole authority for coastal plain leasing. Considers such coastal plain "Federal land" for purposes of the Federal Oil and Gas Royalty Management Act of 1982. (Sec. 5205) Confers responsibility upon the Secretary for the promulgation of rules and regulations relating to this subtitle within 18 months of enactment. (Sec. 5206) Declares that the Congress finds that the 1987 legislative environmental impact statement prepared by the Department of the Interior adequately satisfies the requirements of the National Environmental Policy Act of 1969 concerning authorized actions by the Secretary to promulgate regulations for the establishment of a leasing program and first lease sale. (Sec. 5207) Prescribes procedural guidelines for lease sales on the coastal plain to any person qualified to obtain an oil or gas lease under the Mineral Leasing Act. (Sec. 5208) Authorizes the Secretary to grant to the highest responsible qualified bidder by sealed competitive cash bonus bid any lands to be leased on the coastal plain upon payment by the lessee of whatever bonus the Secretary accepts, and of a minimum royalty of 12.5 percent in amount or value of lease production. Requires the Secretary, after each notice of a proposed lease sale but before acceptance of bids and issuance of leases based on them, to allow the Attorney General 30 days to perform an antitrust review of the results of each lease sale on the likely effects the issuance of such leases would have on competition. Requires the Secretary's approval for subsequent lease transfers. Sets forth lease terms and conditions, including bonding requirements and mandatory access by the Secretary to all lease data and information. (Sec. 5212) Mandates a ninety-day timetable for expedited judicial review of actions challenged under this Act. (Sec. 5213) Instructs the Secretary to issue regulations granting rights-of-way and easements for oil and gas transportation across the coastal plain in accordance with the Mineral Leasing Act of 1920. Provides for periodic on-site inspections of coastal plain facilities that are subject to environmental or safety regulations. (Sec. 5215) Mandates distribution of Federal revenues to the State of Alaska in the amount of 50 percent of: (1) all revenues from coastal plain oil and gas leases; and (2) bonus bid revenues which exceed a certain amount from oil and gas leases. Subtitle D: Park Entrance Fees - Revises provisions of the Land and Water Conservation Fund Act of 1965 to increase the fee for: (1) the Golden Eagle Passport (the annual admission permit for designated units of the National Park System (NPS) or National Conservation Areas and other specified areas) to $50; (2) annual admission into a specific designated NPS unit, or into several specific units located in a particular geographic area, to $25; and (3) a single-visit permit at any designated area to not more than $6 per person (requires the fee to be collected on a per person basis, including persons entering by private, noncommercial vehicle). Makes receipts from non-Federal Golden Eagle Passport sales available for specified resource protection, rehabilitation, and conservation projects. Specifies that a lifetime admission permit for a U.S. citizen or person domiciled in the United States who is age 62 or older (Golden Age Passport) shall entitle the permittee (currently, the permittee and specified individuals accompanying him) to free admission into any area designated. Prohibits fees of any kind from being collected from persons who have a right of access for hunting or fishing privileges under a specific provision of a law or treaty or who are engaged in the conduct of official Federal, State, or local government business. Directs the Secretaries of the Interior and of Agriculture to establish procedures providing for the issuance of a lifetime admission permit to specified individuals who are permanently disabled. Limits the number of accompanying individuals to one, notwithstanding the method of travel. Directs the Secretary of the Interior to: (1) submit to specified congressional committees a report on the admission fees proposed to be charged at specific NPS units; and (2) identify areas where such fees are authorized but not collected and the reasons why such fees are not collected. Allows: (1) a charge for the use of a campground not having a majority of specified features and personal collection of the fee by an employee or agent of the Federal agency operating the facility; and (2) any National Park permit (currently, Golden Age Passport) holder to utilize special recreation facilities at a rate of 50 percent of the established use fee. Requires fees to be comparable to those charged by other public and private entities. Permits persons violating National Park rules or regulations to be fined any amount as provided by law. Requires: (1) the amount authorized to be retained by the Secretaries for fee collection costs to equal the collection costs of the immediately previous fiscal year (instead of the current fiscal year); (2) the use of amounts covered into the existing special account for the National Park Service generated from the collection of fees for park operations only; and (3) the Secretary to establish reasonable fees for the fair market value of uses of NPS units that require special arrangements, including permits, with any amount exceeding the cost of providing necessary services to be deposited in the Park Renewal Fund to be established under this Part. (Sec. 5301) Authorizes the Secretary to negotiate and enter into challenge cost-share agreements with any State or local government, public or private agency, corporation, individual, or other entity for the purpose of sharing costs or services in carrying out any authorized functions and responsibilities of the Secretary with respect to any NPS unit, affiliated area, or designated National Scenic or Historic Trail. (Sec. 5302) Amends the National Park System Visitor Facilities Fund Act to redefine or define: (1) "park system resource" to mean any living or non-living resource that is located within the boundaries of a NPS unit, except for resources owned by a non-Federal entity; and (2) "marine or aquatic park system resource" to mean any living or non-living resource that is located within or is a living part of a marine or aquatic regimen within such boundaries, except for such resources. Makes any instrumentality that destroys, causes the loss of, or injures any marine or aquatic park (currently, park) system resource liable in rem to the United States for response costs and resulting damages to the same extent as a person is liable for such destruction, loss, or injury. (Sec. 5304) Requires 80 percent of all revenues received from admission, recreation use, commercial tour use, and commercial non- recreational use fees collected by NPS units in excess of a specified amount for FY 1996 through 2002 to be deposited into the Fund. (Sec. 5305) Requires: (1) receipts in the Fund from the previous fiscal year to be available to the Secretary without further appropriation beginning in FY 1997; (2) 75 percent of such receipts to be allocated among NPS units in the same proportion as admission, recreation use, commercial tour use, and commercial non-recreational use fees collected from a specific unit bear to the total amount of such fees collected from all NPS units for each fiscal year; and (3) 25 percent to be allocated among NPS units on the basis of need, as determined by the Secretary. Limits the use of expenditures from the Fund solely to infrastructure and operational needs. Requires the Secretary, by January 1 of each year, to provide to specified congressional committees a list of past and proposed expenditures from the Fund for each unit. Subtitle E: Water Projects - Amends the Reclamation Reform Act of 1982 to authorize a person or district holding a water delivery contract with the United States to prepay the construction costs associated with such water delivery, either through accelerated or lump sum payments. (Sec. 5410) Increases the annual payment required of the city and county of San Francisco, California, for the Hetch Hetchy Dam project by an amount determined under a formula used by the Federal Energy Regulatory Commission for hydroelectric power projects under the Federal Power Act. Requires the highest priority use of such funds to be for the annual operation of Yosemite National Park, with the remainder for other California national parks. (Sec. 5420) Collbran Project Unit Conveyance Act - Directs the Secretary of the Interior to convey to the Ute Water Conservancy District and the Collbran Conservancy District all rights and interests of the United States in and to the Collbran Reclamation Project. Provides for: (1) payment to the United States by the Districts; (2) the deposit and authorized uses of such payments; (3) Project operation and use by the Districts for 40 years; (4) a required annual plan from the Districts for such operation during such period; and (5) conveyance subject to specified agreements between the United States and Colorado relating to the construction and operation of recreational facilities at Vega Reservoir, a Project area. Requires the Project's power component and facilities to be operated in substantial conformity with its past operation. Provides for Project power marketing under existing agreements. Requires the Districts, after the expiration of such agreements, to provide all Project power produced to the Western Area Power Administration at a specified rate. Grants a 40-year license to the Districts for Project operation. Makes the "major Federal action" provisions of the National Environmental Policy Act of 1969 inapplicable to such conveyance. Terminates certain previous agreements upon such conveyance. Makes the Districts liable for all acts or omissions relating to the operation and use of the Project subsequent to the conveyance. Subtitle F: Federal Oil and Gas Royalties - Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to place primary liability for lease obligations upon either the person to whom the United States issues a lease, or the current owner of operating rights, but not both. Permits a lessee to designate a person to act on the lessee's behalf, subject to written notification of the Secretary of the Interior (the Secretary for this subtitle). (Sec. 5502) Bars a judicial proceeding relating to an obligation that is not commenced within six years from the date on which the obligation falls due. Prescribes procedural guidelines for: (1) tolling of the period of limitations; (2) adjustments and refund; and (3) recordkeeping requirements. (Sec. 5505) Authorizes the Secretary to waive royalty interest. Requires the Secretary to pay or credit interest on overpayments of royalties, except on overpayments made solely to accrue such interest. Provides for payments of estimated royalties. Prescribes a general procedure for the volume allocation of oil and gas production. (Sec. 5506) Amends FOGRMA to proscribe assessments for late payment or underpayment. Restricts assessments to erroneous reports solely (but permits the imposition of penalties or interest for late payments or underpayment under other sections of such Act). (Sec. 5507) Prescribes guidelines under which a lessee may make prepayments in lieu of royalty payments for a marginal property which is not cost-effective for the Secretary to administer. Instructs the Secretary to provide accounting, reporting, and auditing relief that will encourage lessees to continue to produce and develop such properties. (Sec. 5509) Amends the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping requirements. Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public for no more than its regulated price, or, if no regulated price applies, not less than fair market value). (Sec. 5510) Amends FOGRMA to instruct the Secretary to streamline and simplify current royalty management requirements, including reporting, instruction, audits and collections. (Sec. 5511) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties. Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments. (Sec. 5512) Revises the Secretary's authority to delegate to the States all authority and responsibility to conduct audits, inspections and production and royalty accounting duties with respect to all Federal lands within their borders. Includes production and royalty accounting duties and responsibilities among such delegable authorities. Repeals the requirement that the Secretary receive permission from the Indian tribe allottee involved before undertaking such a delegation with respect to any Indian lands. Authorizes a State to request the Secretary to sell the revenue stream from certain Federal leases on marginal properties. (Sec. 5513) Amends FOGRMA to replace the knowing and willful standard for certain violations which incur a civil penalty with a standard of willful misconduct or gross negligence (a higher, more difficult standard of proof). (Sec. 5514) Excludes Indian lands and privately owned minerals from the purview of this Act. Subtitle G: Department of Energy - Instructs the Secretary of Energy (the Secretary for this subtitle) to conduct an asset management and disposition program resulting in a minimum of $225 million in receipts and savings by October 1, 2000. Enumerates the assets and raw materials for disposition. Exempts such program from the disposition guidelines of the Federal Property and Administrative Services Act of 1949 and the Surplus Property Act of l944. (Sec. 5651) Directs the Secretary to draw down and sell 32 million barrels of oil in the Weeks Island Strategic Petroleum Reserve Facility. (Sec. 5652) Amends the Energy Policy and Conservation Act to permit the Secretary to store petroleum products owned by a foreign government in under utilized Strategic Petroleum Reserve facilities. Mandates that 50 percent of the funds resulting from the leasing of Strategic Petroleum Reserve facilities be made available to the Secretary without further appropriation for oil purchases for the Strategic Petroleum Reserve. Subtitle H: Mining - Mining Law Revenue Act of 1995 - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 5702) Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for an unpatented mining claim or site against the requisite royalties. Repeals: (1) the fee requirements of the Omnibus Budget Reconciliation Act of 1993; and (2) the filing requirements for mining claim recordation under the Federal Land Policy and Management Act of 1976. (Sec. 5703) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 5704) Prescribes patent issuance guidelines. Sets forth procedural guidelines for divestment and reverter of a patented estate that is used for unauthorized purposes. (Sec. 5705) Imposes a royalty of 2.5 percent on the Net Smelter Return of all ores, minerals, metals, and materials mined, removed and sold from the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Exempts from such royalty any mine with an annual gross yield of less than $500,000. Prescribes royalty payment procedures. (Sec. 5706) Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 5708) Identifies: (1) Federal lands and water eligible for reclamation under this subtitle; and (2) reclamation uses and objectives for moneys in a State Fund. Subtitle I: Department of the Interior - Instructs the Secretary of the Interior (the Secretary for this subtitle) to: (1) contract with private entities for the provision of all aircraft services required by the Department of the Interior; (2) sell all aircraft and associated equipment and facilities owned by the Department. Requires return of all disposition proceeds to the Treasury. Subtitle J: Power Marketing Administrations - Part I: Bonneville Power Administration Refinancing - Bonneville Power Administration Appropriations Refinancing Act - Prescribes guidelines under which the Administrator of the Bonneville Power Administration shall refinance a certain appropriated debt by determining with the approval of the Secretary of the Treasury: (1) a new principal amount for such debt; (2) a new interest rate for such debt based on the Treasury rate for the old capital investment; and (3) a $100 million limit on prepayments of old capital investments before a certain date. (Sec. 5905) Prescribes guidelines for interest rates for new capital investments. (Sec. 5907) Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to appropriate specified amounts to the Administrator in certain fiscal years so long as the Administrator makes annual payments to the Tribes under a certain settlement agreement. (Sec. 5908) Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the principal amount or interest rate obligations to the Government. Part II: Alaska Power Marketing Administration Sale - Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Power Authority; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, and the Matanuska Electric Association, Inc. Directs the Secretary to deposit sale proceeds into the miscellaneous receipts of the Treasury. (Sec. 5911) Declares that both Projects shall continue to be exempt from Federal Power Act requirements (subject to a certain Memorandum of Agreement). Grants the U.S. District Court for the District of Alaska jurisdiction to review and enforce such Memorandum, including the remedy of specific performance. Provides for an action seeking review of a Fish and Wildlife Program of the Governor of Alaska under the Memorandum, or challenging actions of the Memorandum parties before adoption of the Program, if it is brought within 90 days after the Governor adopts such Program. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under certain statutory selection entitlements. Subtitle K: Radio and Television Communication Site Fees - Directs the Secretaries of Agriculture and of the Interior to: (1) assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or the Bureau of Land Management; (2) prescribe implementing regulations; and (3) establish a broad-based advisory group including representatives from the non-broadcast communications industry to review and report to the Congress on criteria for determining fair market values and next best alternative use. Subtitle L: Amendments to Outer Continental Shelf Lands Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico. (Sec. 5930) Declares that no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. Suspends royalties for a seven-year period for new leases in specified water depths in the Gulf. Title VI: Committee on Environment and Public Works - Public Works Reconciliation Act of 1995 - Reduces by 15 percent the total of the amounts authorized, allocated, or unallocated to each State, for FY 1996-97, for specified highway demonstration projects under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), subject to specified requirements. Provides for 15 percent reductions in total unobligated balances as of September 30, 1995, for certain previously authorized projects under ISTEA, the Surface Transportation and Uniform Relocation Assistance Act of 1987, and the Surface Transportation Assistance Act of 1982, and under various Department of Transportation and Related Agencies Appropriations Acts. (Sec. 6003) Directs that, with respect to the first fiscal year beginning after September 30, 1995: (1) the Secretary of Transportation shall determine, in accordance with the policies established by ISTEA, which of the States will no longer require an apportionment, and which will require decreased funding, as a result of the termination of the Interstate construction program; and (2) as a result of the reduced number of States that may require an apportionment and the decrease in the amount of funds some States will require, the amount apportioned shall be reduced from that apportioned for FY 1995 by 60.4 percent. (Sec. 6004) Amends: (1) the Omnibus Budget Reconciliation Act of 1990 to extend the last assessment of Nuclear Regulatory Commission annual fees and user charges to September 30, 2005; and (2) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995, to extend Federal Emergency Management Agency radiological emergency preparedness fees through 2005. Title VII: Committee on Finance - Spending Control Provisions - Subtitle A: Medicare - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Medicare Choice Plans) under which individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under part B (Supplementary Medical Insurance) are entitled to choose to receive health care items and services covered under such parts through either the traditional Medicare program or by receiving payments toward the individual's enrollment in a Medicare Choice plan under this new part. Outlines basic components of the new Medicare Choice program, providing specific details with regard to such various program-related matters as enrollment procedures, covered benefits, cost-sharing, sponsor requirements, plan standards, Medicare payment amounts, premiums and rebates, and contractual authority as well as certain related tax aspects under the Internal Revenue Code pertaining to Medicare Choice Accounts, certain rebates, and other specified matters. (Sec. 7011) Makes various specified technical amendments with regard to Medicare part A hospital inflation updates, adjustments for capital-related tax costs, disproportionate share payments, and other payment-related matters pertaining to medical education and hospice and skilled nursing facility services, with changes including a reduction in certain payments for capital-related costs and a system of incentives for cost-effective management of covered non-routine services of skilled nursing facilities. Provides for development of a prospective payment system for certain types of hospitals currently not under such system. (Sec. 7018) Extends Medicare coverage of, and application of hospital insurance tax to, all State and local government employees. (Sec. 7036) Directs the Secretary of Health and Human Services (HHS Secretary) to establish and implement a medical review of the effect of these payment paragraphs on the quality of extended care services furnished to Medicare beneficiaries in order to ensure that they are furnished appropriate extended care services. (Sec. 7037) Requires the Prospective Payment Assessment Commission to report to the Congress on the payment system under Medicare for extended care services furnished by skilled nursing facilities. (Sec. 7041) Makes various specified technical amendments with regard to Medicare part B physician service inflation updates and other provider service-related payment matters, among other changes: (1) replacing the volume performance standard with sustainable growth rate for physician service payments; (2) eliminating formula-driven overpayments for certain outpatient hospital services; and (3) freezing payment updates for clinical laboratory diagnostic, ambulatory surgical, and ambulance services as well as for durable medical equipment. (Sec. 7050) Directs the Secretary to revise regulations on payment for anesthesia services to permit Medicare payment for such services furnished in a hospital or ambulatory surgical center by a certified registered nurse anesthetist who is authorized under State law to administer such services without supervision by the physician performing the operation or the anesthesiologist. (Sec. 7051) Makes various specified changes with regard to the Medicare part B premium and deductible, including providing for an increase in such premium for certain high-income individuals as well as certain related changes under the Internal Revenue Code pertaining to the disclosure of tax return information for purposes of collecting such supplemental Medicare part B premiums. (Sec. 7055) Makes various specified changes with regard to Medicare as secondary payor, and other outlined miscellaneous changes as well relating to Medicare part A and B provisions on matters such as payments for euthanasia services (which are prohibited), home health services (which are paid for on the basis of a per visit payment rate established by the Secretary for each type of home health service), and certification of Christian Science providers. Includes as additional changes revisions involving payments for prosthetics and orthotics under Medicare part A, health care in rural and shortage areas, and services furnished by physician assistants and nurse practitioners in outpatient or home settings. Establishes the Medicare rural hospital flexibility program (to replace the current essential access community hospital program) and the rural emergency access care hospital program. Authorizes appropriations. (Sec. 7074) Directs the Physician Payment Review Commission to analyze and report to the Congress on the effectiveness of the provision of additional Medicare part B payments for physicians' services provided in shortage areas in recruiting physicians for such areas. (Sec. 7076) Provides for certain demonstration projects to promote telemedicine. Authorizes appropriations. Health Care Fraud and Abuse Prevention Act of 1995 - Amends SSA title XI to establish a fraud and abuse control program to: (1) coordinate Federal, State, and local efforts at combatting health care fraud and abuse; (2) conduct appropriate investigations, audits, and evaluations related to health care delivery and payment; and (3) facilitate enforcement of various applicable statutes relating to health care fraud and abuse. Establishes in the Federal Hospital Insurance Trust Fund the Health Care Fraud and Abuse Control Account for use in conjunction with the program established above. (Sec. 7102) Modifies current sanctions under SSA title XI for fraud and abuse involving Medicare or State health care programs, with changes: (1) extending their application to fraud and abuse against any federally funded plan or program that provides health benefits, whether directly, through insurance, or otherwise; (2) providing for mandatory exclusion from participation in Medicare and State health care programs for an individual convicted of a felony related to health care fraud or a controlled substance; (3) establishing certain minimum periods of exclusion from such participation for certain offenses; (4) allowing for the imposition of other intermediate sanctions for certain miscellaneous eligible organization violations under Medicare in lieu of contract termination; and (5) providing for health care fraud and abuse guidance. Revises general civil monetary penalty provisions, modifying penalty and assessment amounts among other changes. Requires the Secretary to study and report to the Congress on volume and combination discounts under Medicare. (Sec. 7121) Provides for the establishment of a health care fraud and abuse data collection program under SSA title X. (Sec. 7141) Amends the Federal criminal code to add sanctions consisting of fines and imprisonment as well as property forfeitures for Federal health care offenses, with proceeds from such fines and forfeitures to be deposited in the Federal hospital insurance trust fund. Describes other criminal code changes relating to Federal health care offenses, including those pertaining to injunctive relief and money laundering. (Sec. 7171) Sets forth various specified measures designed for ensuring solvency of the Medicare trust funds, including transfers of certain part B savings related to the revisions of this subtitle involving the Medicare part B premium to the Hospital Insurance Trust Fund. (Sec.7175) Provides for a Medicare "budget expenditure limiting tool." Subtitle B: Transformation of the Medicaid Program - Medicaid Transformation Act of 1995 - Amends SSA to add a new title XXI (Medicaid Program for Low-Income Individuals and Families) to replace the current Medicaid program, which is repealed as of October 1, 1996. Gives such new program the stated purpose of providing funds to States to enable them to provide medical assistance to certain eligible individuals and families in a more effective, efficient, and responsive manner. Outlines program particulars, which include: (1) a separate fraud prevention program along with State Medicaid fraud control units; (2) a Medicaid Task Force and associated advisory group as well as a Medical Drug Rebate Program Task Force; (3) funding set- asides for certain population groups and for grants for community health centers and rural health clinics; (4) respective payment limitations and prohibitions with regard to abortions and euthanasia services; (5) quality assurance standards for and certification of certain nursing facilities; and (6) a rebate program with regard to covered outpatient drugs. Directs the Secretary to develop a national, quantifiable classification system to identify children with special health needs. Provides for demonstration projects to provide methods of assuring quality care for children with special health care needs. Directs the Director of the Congressional Budget Office to report to the Congress annual analyses of the impact of the replacement of the Medicaid program on the health insurance status of children, individuals who have attained retirement age, and the disabled. Subtitle C: Block Grants for Temporary Assistance for Needy Families - Work Opportunity Act of 1995 - Replaces the current Aid to Families with Dependent Children (AFDC) and Job Opportunities and Basic Skills Training (JOBS) programs under SSA title IV parts A and F, respectively, with a program under a new part A of block grants to the States for temporary assistance for needy families with minor children (TEA program). Gives such program the stated purpose of increasing State flexibility in operating a program with mandatory work and education requirements (along with certain penalties against adult family members on TEA assistance who refuse to work), as well as with optional community service requirements and certain adult-supervised living arrangements for unmarried teenage parents. (Sec. 7201) Provides for: (1) certain time-limited assistance to needy families with minor children in personal responsibility contracts with the involved State, with certain exceptions involving minor children and hardship situations; (2) job preparation and opportunities for such families, including opportunities to participate in State-approved job placement agency services; and (3) prevention and reduction of out-of-wedlock pregnancies. Provides that the obligations of each parent under such a contract shall be determined based upon a case manager's prior assessment of the parent's skills and abilities. Gives States options to deny assistance for out-of-wedlock births to minors and for children born to families receiving assistance, as well as in certain other cases. Denies TEA assistance for fugitive felons and probation and parole violators and for other specified situations. Provides for increased State grant and other payment amounts as rewards for job placement performance and out-of-wedlock birth reductions. Reduces grant amounts as a penalty for violations of this new part. Sets out the administrative process for review of such penalties and other adverse decisions, requiring the Federal Government, before assessing such a penalty, to notify the State of the violation and give it an opportunity to correct any violations for which such penalty would be assessed. Authorizes appropriations with specific child care set-asides for each family with a dependent child requiring such care under the new program. Expresses the sense of the Congress that: (1) each State operating a TEA program is encouraged to assign the highest priority to requiring adults in two-parent families and adults in single-parent families that include older preschool or school-age children to be engaged in work activities; and (2) prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests, and the policy contained in the provisions of this subtitle is intended to address the crisis. Establishes in the Treasury a revolving Federal Loan Fund for State Welfare Programs for loans to any loan-eligible State for conducting welfare anti-fraud and other specified activities and certain other similar funds for purposes related to State welfare programs. Outlines program audit, data collection, and reporting requirements as well as certain study and evaluation requirements. Authorizes appropriations. Directs the Bureau of the Census to expand the Survey of Income and Program Participation to enable interested persons to evaluate the impact of the changes made by this subtitle on a random national sample of recipients of assistance under State programs funded under this subtitle and other appropriate low-income families. Addresses the treatment of existing State AFDC waivers in effect or approved by the Secretary as of October 1, 1995. Provides for the treatment of Indian tribes with regard to grant amounts and other specified program matters affecting Indians. Makes the Assistant Secretary for Family Support within HHS the official responsible for administering SSA title IV part A and D (Child Support and Establishment of Paternity) programs. (Sec. 7202) Allows States to contract with charitable, religious, and private organizations to provide services and administer programs established or modified by this Act. (Sec. 7203) Prohibits financial assistance provided under such programs from being expended for sectarian worship or instruction. (Sec. 7204) Directs the Secretary of Commerce to enable the Bureau to collect statistically significant data concerning the growing trend of grandparents who are the primary caregivers for their grandchildren. (Sec. 7205) Requires the HHS Secretary to study and report to the Congress on the welfare reorganization's effect on grandparents as primary caregivers. (Sec. 7206) Requires development of a prototype of a counterfeit- resistant Social Security card and a study and congressional report, all by the Commissioner of Social Security, on methods of improving the application process for such a card. (Sec. 7207) Requires organizations accepting Federal funds under certain parts of this Act, and making communications in support of or in opposition to any Federal, State, or local policy, to state in the communication that it was prepared and paid for by an organization that accepts Federal taxes. (Sec. 7208) Amends the Family Support Act of 1988 to modify the job opportunities for certain low-income individuals program. Authorizes appropriations. (Sec. 7209) Outlines State demonstration projects for increasing the number of school hours to provide children with a safe and healthy environment without exposure to unfavorable neighborhood influences. Authorizes appropriations. (Sec. 7212) Provides that funds received by a State under the block grant program established by this Act, the optional State food assistance block grant program under the Food Stamp Act of 1977, and the child care block grant program under the Child Care and Development Block Grant Act of 1990 shall be expended only in accordance with the laws and procedures applicable to expenditures of the State's own revenues. (Sec. 7213) Makes conforming amendments under various specified titles of the Social Security Act, the Food Stamp Act of 1977, and other specified Federal laws. Subtitle D: Supplemental Security Income - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI because of disability to drug addicts and alcoholics whose addiction or alcoholism is a contributing factor to such disability; (2) revise representative payee requirements; (3) provide for referrals of SSI- eligible disabled individuals with a substance abuse condition to the appropriate State agency for treatment; (4) deny SSI benefits for ten years to individuals who fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; and (5) deny SSI benefits for fugitive felons and probation and parole violators. (Sec. 7251) Provides supplemental funding for alcohol and substance abuse treatment programs under the Public Health Service Act and for exchange of SSI information with law enforcement agencies. (Sec. 7261) Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying medical criteria for evaluating mental and emotional disorders, and discontinuing individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under 18 receiving SSI benefits based on a disability as of the enactment of this Act whose eligibility for such benefits may terminate because of these amendments. (Sec. 7262) Provides for periodic Commissioner reviews of the continued SSI eligibility of each individual under 18 who is eligible for such benefits because of an impairment or combination of impairments which may improve (or which is unlikely to improve, at the Commissioner's option). Requires a recipient's parent or guardian to present, at the time of such a review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition forming the basis for providing the benefits. Provides that if an individual is eligible for SSI benefits because of disability for the month preceding the month in which he or she turns 18, the Commissioner shall redetermine such eligibility, during the one year period beginning when the individual turns 18, by applying the criteria for determining the initial eligibility of applicants who have turned 18. Outlines specific requirements governing continuing disability reviews for low birth weight babies and benefit payments through representative payees to eligible individuals and their spouses. (Sec. 7271) Requires the Commissioner to: (1) report annually on SSI to the President and the Congress; (2) issue a request for comments regarding improvements to disability evaluation and determination procedures for individuals under 18 to ensure their comprehensive assessment; (3) review such comments and issue any necessary regulations; and (4) make arrangements with the National Academy of Sciences, or other independent entity, to study Old Age, Survivors, and Disability Insurance (OASDI) and SSI disability determination processes for reports to the President and the Congress. (Sec. 7274) Directs the Comptroller General to study and report to the Congress on this subtitles impact on SSI. (Sec. 7281) Establishes the National Commission on the Future of Disability to study matters related to Federal programs for individuals with disabilities, including OASDI and SSI programs, with resulting recommendations for appropriate action submitted to the President and the Congress. (Sec. 7291) Repeals maintenance of effort requirements applicable to optional State programs for supplementing SSI benefits. (Sec. 7295) Bases eligibility for SSI on the retirement age used under OASDI. Subtitle E: Child Support - Chapter 1: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 7302) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 7303) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Chapter 2: Locate and Case Tracking - Mandates that single statewide automated data systems include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 7312) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 7313) Requires State plans to: (1) provide for a State- operated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 7314) Requires States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 7315) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 3716) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) executing child support obligations; and (3) enforcing visitation orders. (Sec. 7317) Requires States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) death records. Chapter 3: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 7323) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Chapter 4: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. Requires State procedures under which the name of the father shall be included on the birth certificate only: (1) if the mother and father have signed a voluntary acknowledgement of paternity; or (2) pursuant to a judicial or administrative order. (Sec. 7333) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Chapter 5: Program Administration and Funding - Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 7342) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 7344) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 7345) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Chapter 6: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines. (Sec. 7352) Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 7353) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 7354) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition. Chapter 7: Enforcement of Support Orders - Amends Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 7362) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the Armed Forces. (Sec. 7364) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 7365) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 7370) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support. (Sec. 7371) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement. (Sec. 7372) Denies means-tested Federal benefits to a non-custodial parent who is more than two months delinquent in paying child support. (Sec. 7373) Requires a State plan for child and spousal support to provide that such State will make reasonable efforts to enter into cooperative agreements with an Indian tribe or tribal organization having an established tribal court system with child support enforcement powers for the cooperative delivery of child support enforcement services. Authorizes the Secretary to make direct payments (analogous to payments to a State plan for spousal and child support) to an Indian tribe or tribal organization with an approved child support enforcement plan. (Sec. 7374) Requires States to have statutorily prescribed procedures under which a State agency shall enter agreements with financial institutions doing business within the State to develop and operate a data match system to provide identifying information for each absent parent targeted by the State who maintains an account at the institution, and to encumber such parent's assets at the institution pursuant to a lien or levy. (Sec. 7375) Requires the State plans for automated child support payment and disbursement units, to include a mandatory enforcement fee schedule. Expresses the sense of the Senate that the States should pursue the collection of enforcement costs from a noncustodial parent who: (1) denies paternity and is later determined to be the father; and (2) does not voluntarily comply with judicial or administrative enforcement orders. (Sec. 7376) Requires States to have statutorily prescribed procedures under which child support orders relating to the child of minor parents, where the mother is receiving assistance, are enforceable against the child's paternal grandparents. (Sec. 7377) Expresses the sense of the Senate urging States: (1) to continue diligently their efforts to enforce child support payments by the non-custodial parent regardless of such parent's employment status or location; and (2) to pursue pilot programs in which the parents of a non-adult, non-custodial parent who refuses to or is unable to pay child support must pay or contribute to the child support owed by the non-custodial parent, or otherwise fulfill all financial obligations and meet all conditions imposed on the non- custodial parent, such as participation in a work program or other related activity. Chapter 8: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 7379) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Chapter 9: Enhancing Responsibility and Opportunity for Nonresidential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate absent parents' access to their children. Chapter 10: Effect of Enactment - Sets forth effective dates for the provisions of this subtitle. Subtitle F: NonCitizens - Gives States the option to prohibit Federal public assistance for certain aliens. (Sec. 7402) Sets forth: (1) procedures governing Federal assistance eligibility determinations with regard to deemed income and resources of a U.S. citizen or national or an alien; and (2) requirements for sponsor's affidavit of support. (Sec. 7404) Provides for limited eligibility of noncitizens for SSI benefits. (Sec. 7405) Makes a noncitizen entering the United States ineligible for five years afterwards to receive any benefits under any program of assistance provided, or funded, in whole or in part, by the Federal Government, for which benefit eligibility is based on need, with certain exceptions. Sec. 7406) Requires certain periodic information reporting by the appropriate authorities under SSA titles IV and XVI and the United States Housing Act of 1937 to the Immigration and Naturalization Service with regard to unlawful aliens. (Sec. 7407) Prohibits Federal benefits from being paid or provided to any person not lawfully present in the United States, with certain exceptions pertaining to emergency medical or short-term disaster relief services, school lunches and child nutrition, and immunizations. Authorizes appropriations. Subtitle G: Additional Provisions Relating to Welfare Reform - Specifies measures designed for obtaining workforce reductions at several Federal departments, with specified reductions set out for HHS, for a report to the Congress. (Sec. 7421) Provides for a reduction in block grants for social services under SSA title XX (Block Grants to States for Social Services). (Sec. 7422) Requires the Secretary to establish certain goals and conduct a certain study under SSA title XX related to out-of-wedlock and teenage pregnancy preventions for reports to the Congress. (Sec. 7431) Places a limitation on administrative expenses under SSA title IV part E (Foster Care and Adoption Assistance). (Sec. 7441) Provides for exempting battered individuals from certain requirements under this Act where their application would endanger the individual's well-being. (Sec. 7442) Expresses the sense of the Senate that: (1) prior to its acting on any welfare reform measures the Congressional Budget Office shall prepare certain analyses estimating the various costs to the States of meeting the requirements imposed on them by such measures; and (2) States and local jurisdictions should aggressively enforce statutory rape laws. (Sec. 7444) Declares that States shall not be prohibited by the Federal Government from sanctioning welfare recipients who test positive for controlled substance use. (Sec. 7445) Increases funding for abstinence education under SSA title V (Maternal and Child Health Services), providing as well for certain funding set-asides for such education. (Sec. 7446) Provides that if an individual's benefits under a Federal, State, or local law relating to a means-tested welfare or public assistance program (which include the food stamp, AFDC, and public or assisted housing programs) are reduced because of fraud by the individual, the individual may not, for the duration of the reduction, receive an increased benefit under any other means-tested welfare or public assistance program for which Federal funds are appropriated as a result of a decrease in the income of the individual attributable to such reduction. Subtitle H: Reform of the Earned Income Tax Credit - Amends earned income tax credit provisions of the Internal Revenue Code to require the inclusion of an eligible individual's social security number on such individual's tax return. Repeals such credit for individuals without children. Decreases the credit percentage for those with two or more children. Revises rules relating to the denial of the credit on the basis of disqualified income. Replaces references to adjusted gross income, concerning the credit, with references to modified adjusted gross income. Defines modified adjusted gross income to include certain nontaxable income and to disregard certain losses. Doubles the penalties to be paid by tax preparers violating provisions applicable to those who prepare returns for others. Subtitle I: Increase in Public Debt - Increases the public debt limit. Subtitle J: Correction of Cost of Living Adjustments - Expresses the sense of the Senate that: (1) the Consumer price index overstates the cost of living in the United States; (2) overstatement of the cost of living undermines the equitable administration of Federal benefits; and (3) all cost of living adjustments required by Federal law should be corrected as soon as possible. Title VIII: Committee on Governmental Affairs - Provides under the Omnibus Budget Reconciliation Act of 1993 for an extension of the delay in cost-of-living adjustments in Federal employee retirement benefits through FY 2002. (Sec. 8002) Revises Federal civil service law with respect to the Civil Service (CSRS) and Federal Employees'(FERS) Retirement Systems regarding deductions, contributions, and deposits, increasing agency contributions under CSRS during calendar years 1996 through 2002, and providing for a phased-in increase under both systems of the amounts of individual deductions, deposits, and withholdings until 2003, when the percentage of basic pay subject to such withholding generally reverts back to the current 1995 rate, except with regard to congressional employees and Members of Congress. Provides additional retirement-related changes under both systems with regard to the later two types of employees and their years of service for purposes of computing an annuity. Title IX: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend provisions regarding surcharges on patent and trademark fees through FY 2002. Specifies patent and trademark user fee amounts to be collected through establishment of surcharges for FY 1999 through 2002. Title X: Committee on Labor and Human Resources - Amends the Higher Education Act of 1965 (HEA) with respect to student loan programs. (Sec. 10002) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; (2) for academic year 1995-1996 to 30 percent, and for any succeeding fiscal year to 20 percent, of such volume for such year, except that the Secretary of Education may not enter into agreements with any additional eligible institutions that have not applied and been accepted for participation in such program on or before September 30, 1995. Eliminates provisions for selecting additional institutions to participate in such pilot program. Revises provisions for funds for administrative expenses. Sets institutional default rate limitations on direct lending. Conditions the Secretary's authority to make new direct loans on the issuance of certain final standards and procedures for calculation of institutional default rates and for termination proceedings. Eliminates the transition to the Federal Direct Loan Program. Repeals certain provisions relating to fees for origination services. Establishes requirements for a student loan program school participation fee to be paid by all eligible institutions on the basis of the total volume of Federal student loans (except consolidation loans) they disburse annually under the Federal Family Education Loan (FFEL) and the Federal Direct Loan (FDL) programs. Makes provisions for State risk sharing with respect to default costs applicable to Federal Direct Loans. (Sec. 10003) Eliminates certain grace period interest subsidies for new student loans for new borrowers. Revises the parent loan (Federal PLUS loans) program to: (1) raise interest rates on PLUS loans; and (2) require each holder of a PLUS loan to pay biannual rebates of interest subsidies to the Secretary of Education. Provides that Federal Direct loans have the same terms and conditions as FFEL (guaranteed) loans. Permits development, production, distribution, or use of the common application form in an electronic format through software produced or distributed by guaranty agencies or eligible lenders, or consortia of agencies and lenders. Allows the applicant to certify the outcome of the application in a subsequent document. Prohibits charging a fee in connection with the use of such electronic form. Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Sets forth conditions under which: (1) Federal Direct (Perkins) Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. Allows income contingent repayment in the FFEL (guaranteed or Stafford) loan program. (Sec. 10004) Revises provisions affecting FFEL program lenders and loanholders. Revises provisions for insurance program agreements to qualify for interest subsidies to lower the percentage of unpaid principal of loans which must be insured under certain conditions. Lowers the percentage of claimed unpaid principal and interest on loans which must be paid by guaranty agencies to lenders and servicers. Increases the amount of loan fees from lenders. Requires each holder of a subsidized or unsubsidized Federal Stafford loan to pay a biannual insurance subsidy rebate to the Secretary of Education. Adds an audit exemption for small lenders. (Sec. 10005) Revises provisions affecting guaranty agencies. Requires guaranty agencies to use at least 50 percent of their reserve funds to purchase and hold defaulted loans that they guarantee and for which insurance claims are filed by the eligible lender, with specified exceptions. Extends the period for which a guaranty agency is required to hold a defaulted loan under certain conditions. Sets forth provisions for the new extended holding period program with respect to subject loans, excluded loans, and guaranty agency efforts during such period. Prohibits the Secretary from regulating the collection activities of a guaranty agency with respect to any loan which is subject to such extended holding period and for which reinsurance has not been paid. Revises provisions relating to: (1) administrative cost allowances; (2) the Secretary's share of collections on consolidated defaulted loans; (3) reserve funds of guaranty agencies; and (4) certain monitoring conducted through the National Student Loan Data System or otherwise. Eliminates provisions for payments by the Secretary for supplemental preclaims assistance by guaranty agencies. Prohibits use of reserve funds of a guaranty agency for marketing, advertising, or promotion of the Robert T. Stafford Federal student Loan Program, or for the hiring of advertising agencies or other third parties to provide advertising services. (Sec. 10006) Extends the authorization of appropriations for, and the duration of, each program under the FFEL program. (Sec. 10007) Provides for the privatization and renaming of the College Construction Loan Insurance Association (Connie Lee), and the cessation of Federal sponsorship. Repeals provisions for such Association under HEA. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Extension of Certain Authorities - Extends through FY 2002: (1) the requirement that non- service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs ; (2) certain Department veterans' medical care cost recovery authority; (3) the authority of the Secretary of Veterans Affairs to charge and collect a fee for Department-guaranteed veterans' housing loans; (4) the authority under Federal veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs- based benefits; and (5) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and surviving spouses who have no dependents and reside in Medicaid-participating nursing homes. Subtitle B: Cost-of-Living Adjustments in Compensation Rates - Prohibits the cost-of-living adjustments to veterans' disability compensation rates from being increased during FY 1996 through 2002 by a greater percentage than the increase during such period for benefits under title II (Old age, survivors and disability insurance) of the Social Security Act. Requires such rates to be rounded down to the next lower dollar. Subtitle C: Educational Benefits - Limits the FY 1996 through 2002 cost-of-living adjustments in the rates of educational assistance payable under the Montgomery GI Bill to 50 percent of the increase in the Consumer Price Index during such period. Increases, for those individuals who first become eligible for such assistance during FY 1996 through 2002, the amount authorized to be deducted from monthly basic pay for participation in the program. Subtitle D: Miscellaneous - Revises the Government's liability standard for disability or death resulting from Department treatment to allow compensation to be awarded for the additional disability or death in the same manner as if such disability or death were service- connected. Title XII: Committee on Finance-Revenue Provisions - Subtitle A: Family Tax Relief - Amends the Internal Revenue Code to allow a credit of $500 annually per child. Provides for reductions in such credit, if income exceeds specified amounts. Increases the standard deduction for married individuals. Allows a credit of up to $5000 for qualified adoption expenses. Excludes from gross income up to $5000 of employee adoption assistance provided by an employer. Allows a credit of up to $500 for interest on qualified educational loans. Subtitle B: Savings and Investment Incentives - Chapter 1: Retirement Savings Incentives - Subchapter A: Individual Retirement Plans - Part I: Restoration of IRA Deduction - Increases the income limits for Individual Retirement Account deductions. Allows for full participation by both spouses, including homemakers. Provides an inflation adjustment for the deductible amount. Part II: Nondeductible Tax-Free IRAs - Provides for the establishment IRA Plus accounts for which there shall be no deduction for contributions, however, qualifying distributions shall not be included in gross income. Subchapter B: Penalty-Free Distributions - Permits, as specified, distributions without penalty: (1) to purchase a first home; (2) for financially devastating medical expenses; (3) for qualified higher education expenses; or (4) for certain unemployed individuals. Subchapter C: Simple Savings Plans - Provides for the establishment of simple retirement accounts for employees of employers who employ 100 or fewer employees. Permits payments of up to $6000 annually into such an account by an employer. Allows for the deduction by the employee of such payment. Treats employer contributions to such plans generally the same as deductions of an employer to an employees' trust or annuity plan and compensation under a deferred-payment plan are treated. Provides for the extension a simple plan to a 401(k) arrangement. Chapter 2: Capital Gains Reform - Subchapter A: Taxpayers Other Than Corporations - Establishes a capital gains deduction of 50 percent for individuals. Set forth special rules for collectibles. Doubles the amount of gross assets a corporation may have and still qualify for the 50 percent exclusion for gain from certain small business stock. Repeals the per-issuer limitation. Permits the rollover of gain from qualified small business stock to another qualified small business stock without recognition of gain under specified conditions. Subchapter B: Corporate Capital Gains - Revises the alternative tax for corporations to set forth the general rule that if there is a net capital gain for a corporation, then in lieu of other applicable taxes, a tax is imposed consisting of the sum of: (1) a tax computed on the taxable income reduced by the net capital gain, at the rates and in the manner as if this provision had not been enacted; plus (2) a tax of 28 percent of the net capital gain. Provides a special rule for qualified small business gain. Chapter 3: Corporate Alternative Minimum Tax Reform - Revises: (1) depreciation rules used for adjusting the computation of alternative minimum taxable income; and (2) provisions for determining credit for prior minimum tax liability so as to allow long-term unused credits against the minimum tax. Subtitle C: Health Related Provisions - Chapter 1: Long-Term Care Provisions - Subchapter A: Long-Term Care Services and Contracts - Part I: General Provisions - Permits a deduction for qualified long-term care to the same extent as other qualified expenses are allowed for the medical care deduction. Provides the following general rules with respect the treatment of a long-term care insurance contract: (1) it shall be treated as an accident or health insurance contract; (2) any plan of an employer providing coverage of qualified long-term care services shall be treated as an accident or health plan with respect to such services; (3) amounts (other than policyholder dividends or premium refunds) received under such a contract or plan shall be treated as amounts received for personal injuries or sickness and shall be treated as reimbursement for expenses actually incurred for medical care; (4) per diem payments or other periodic payments shall be treated as payments made with respect to qualified long-term care services; and (5) it shall be treated as a guaranteed renewable contract. Defines such a contract, as well as the term long-term care services. Requires reporting by any person paying long-term care benefits. Part II: Consumer Protection Provisions - Requires a long-term care insurance contract to meet the following general requirements: (1) specified model regulation and model Act requirements of the long- term care insurance model regulations and the long-term care insurance model Act promulgated by the National Association of Insurance Commissioners; (2) specified disclosure requirements; and (3) specified nonforfeiture requirements. Imposes a tax of $100 per day per policy on any person failing to meet specified requirements of the model regulations and model Act. Subchapter B: Treatment of Accelerated Death Benefits - Provides, in general, that any amount received under a life insurance contract on the life of a terminally ill individual shall be treated as being paid because of the death of such individual. Subchapter C: Medical Savings Accounts - Permits a deduction as a medical expense of up to $2000 for an individual and up to $4000 for a family for amounts paid into a medical savings account. Excludes employer contributions from the gross income of an employee who is covered by a high deductible health plan. Defines a medical savings account and states, as part of the definition, that any amount paid out of such an account exclusively for qualified medical expenses shall not be included in gross income. Subchapter D: Other Provisions - Increases and provides an inflation adjustment for the death benefit limits, for purposes of the cash value accumulation test of a life insurance contract. Subtitle D: Estate Tax Reform - Excludes from the gross value of certain estates involving a family-owned business the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includable in the estate; or (2) the sum of $1,500,000, plus 50 percent of the excess of the adjusted value of such interests over $1,500,000, but not over $5,000,000. Increases the unified estate and gift tax credit. Provides for a limited exclusion from the value of a gross estate for the election of a qualified conservation easement. Subtitle E: Extension of Expiring Provisions - Chapter 1: Extensions Through February 28, 1997 - Extends provisions concerning the following through February 28, 1997: (1) the work opportunity tax credit; (2) employer-provided educational assistance programs; (3) the research tax credit; (4) employer-provided group legal services; (5) the orphan drug tax credit; (6) contributions of stock to private foundations; and (7) the delay of the scheduled increase in tax on fuel used in commercial aviation. Chapter 2: Extensions of Superfund and Oil Spill Liability Taxes - Extends: (1) the environmental tax until January 1, 1998; (2) the Hazardous Superfund Financing rate until October 1, 2002; and (3) the Oil Spill Liability Trust Fund financing rate until October 1, 2002. Chapter 3: Extensions Relating to Fuel Taxes - Extends the: (1) ethanol blender refund provisions until September 30, 1999; and (2) binding contract date for biomass and coal facilities provisions for one year. Chapter 4: Diesel Dyeing Provisions - Provides an exemption from diesel fuel dyeing requirements for certain States. Prohibits an excise tax, until March 1, 1997, on diesel fuel sold for use or used in diesel powered motor boats. Chapter 5: Treatment of Individuals Who Expatriate - Sets forth the tax responsibilities of an expatriate: (1) who has had an average annual net income tax of more than $100,000 for the five year period ending before expatriation; (2) or whose net worth is $500,000 or more. Provides as a general rule that all property of a covered expatriate shall be treated as sold on the expatriation date for its fair market value. Allows an exclusion from gain of up to $600,000. Permits an expatriate to elect to continue to be taxed as a United States citizen, in which case the provisions applicable to other expatriates will not apply. Sets forth specified reporting requirements for all expatriates. Subtitle F: Taxpayer Bill of Rights 2 Provisions - Authorizes the abatement of interest in the case of an unreasonable error in the performance by the IRS of a ministerial or managerial act. (Currently, such abatement is authorized for an error of a ministerial act.) Grants the Tax Court jurisdiction to determine if the failure of the IRS to abate interest was an abuse of discretion. Permits a joint return to be made after the filing of separate returns without the full payment of taxes shown on the return. Increases from $500 to $50,000 the offers-in-compromise amount for which a written opinion is required from the Office of Chief Counsel. Permits the awarding of litigation costs in declaratory judgment proceedings. Permits the reduction of an award for civil damages for unauthorized collection activities if the court determines that all available administrative remedies have not been exhausted. Includes enrolled agents as third-party recordkeepers. Requires an annual notice to each taxpayer with an outstanding tax delinquency. Subtitle G: Casualty and Involuntary Conversion Provisions - Revises involuntary conversion provisions to provide that if property was acquired as the result of a compulsory or involuntary conversion (as a result of partial or whole destruction through theft, seizure, or requisition or condemnation), the basis shall be the same as in the case of the property so converted: (1) decreased by the amount of any money received which was not expended in accordance with law determining taxable status of any gain or loss upon conversion; or (2) increased in the amount of gain or decreased in the amount of loss recognized upon conversion. Provides that, in the case of a C corporation, certain partnerships owned by one or more C corporations, or any taxpayer with involuntarily converted property with a realized gain of more than $100,000, any replacement property must be acquired from an unrelated person. Provides for the application of involuntary exclusion rules to residentially declared disasters. Subtitle H: Exempt Organizations and Charitable Reforms - Permits tax-exempt foundations and community foundations to establish tax-exempt community service organizations to operate exclusively for charitable purposes. Applies the excise tax on private foundations, except the taxes on investment income and on failure to distribute income, to such organizations. Declares that unrelated trade or business does not include the activity of soliciting and receiving qualified sponsorship payments for purposes of the tax on unrelated business income of charitable and other tax-exempt organizations. Prohibits agricultural or horticultural organization member dues of less than $100 from being treated as unrelated business income. Repeals the credit for contributions to community development corporations. Requires the executor of an estate claiming a charitable deduction for the transfer of a remainder interest to provide a written notice to each charitable beneficiary. Subtitle I: Tax Reform and Other Provisions - Chapter 1: Provisions Relating to Business - Provides, with respect to a corporate shareholder's basis in stock reduced by the nontax portion of extraordinary dividends, that if the nontaxed portion of such dividends exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. Requires the organizer of a corporate tax shelter to register the shelter. Sets forth penalties for failure to file. Prohibits a deduction for interest paid on life insurance policies, endowments, or annuities which cover a company officer or employee. Repeals the Puerto Rico and possessions tax credit for years beginning after December 31, 1995. Revises provisions concerning: (1) the income forecast method of determining depreciation deductions; and (2) transfers of excess pension assets to retiree health accounts. Repeals the exclusion for interest on loans used to acquire employer securities. Chapter 2: Legal Reforms - Specifies that the exclusion from income of damages for personal injuries or sickness does not include punitive damages. Chapter 3: Reforms Relating to Nonrecognition Provisions - Prohibits the nonrecognition of gain on the sale of a principal residence: (1) which is attributable to depreciation adjustments; or (2) unless the replacement property is located in the U.S. Chapter 4: Excise Tax and Tax-Exempt Bond Provisions - Repeals the diesel fuel tax rebate to purchasers of diesel-powered automobiles and light trucks. Repeals the wine and flavors content credit. Prohibits the imposition of the ozone depleting chemicals tax on any halon imported from any country which is a signatory to the Montreal Protocol on Substances that Deplete the Ozone Layer. Revises provisions concerning exempt facilities bond penalties to allow an election, as specified, to avoid such penalties for certain local furnishers of electricity and gas. Sets forth a special provision concerning the financing of the Snettisham hydroelectric project in Alaska. Chapter 5: Foreign Trust Tax Compliance - Revises the requirements regarding information that must be reported regarding certain foreign trusts. Modifies the circumstances (with regard to foreign trusts having one or more U.S. beneficiaries) in which a transferor is treated as the owner. Replaces provisions setting forth a special rule applicable to foreign grantors with provisions declaring that provisions relating to treating grantors and others as substantial owners shall apply only when that application results in an amount being currently taken into account in computing the income of a U.S. citizen or resident or a domestic corporation. Requires a United States person to report information regarding foreign gifts or bequests when the gifts' aggregate value during a taxable year exceeds $10,000. Modifies requirements regarding the interest charge on accumulation distributions from foreign trusts. Changes the circumstances in which an estate or trust is included in the definition of "United States person." Modifies the definition of "foreign estate or trust." Requires (for provisions relating to the imposition of a tax on transfers to avoid income tax) treating a trust which is not a foreign trust and which becomes a foreign trust as having transferred, immediately before becoming a foreign trust, all of its assets to a foreign trust. Chapter 6: Financial Assets Securitization Investments - Treats a Financial Asset Securitization Investment Trust (FASIT) as a partnership and prohibits its treatment as a taxable mortgage pool. Requires, for purposes of determining the tax of any holder of a regular interest in a fasit, that such interest be treated: (1) if not otherwise a debt instrument, as a debt instrument; and (2) for purposes of the treatment of worthless securities, as issued by a corporation. Requires, for purposes the tax of the holder of the ownership interest in a FASIT, that such tax shall be determined as if: (1)such holder were a partner in such FASIT; and (2) such FASIT had filed an election under provisions determining the manner of electing an optional adjustment to the basis of partnership property. Declares that: (1) the taxable income of the holder of the ownership interest or high-yield interest in a FASIT for any taxable year shall in no event be less than such holder's taxable income determined solely with respect to such interests; and (2) if any high-yield interest is held by a disqualified holder, the provisions of chapter 1 (Normal Taxes and Surtaxes) shall be applied as if the transferor of such interest to such holder had not transferred such interest. Chapter 7: Depreciation Provisions - Amends provisions concerning the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility which provides water or sewage disposal services that: (1) is a contribution in aid of construction; (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as service charges for starting or stopping services. Determines the depreciation deduction for such property by using the straight line method and provides for a 25-year recovery period. Revises provisions concerning: (1) the deduction for certain operating authority; and (2) the class life for gas station convenience stores and similar structures. Chapter 8: Other Provisions - Provides for the application of the failure-to-pay penalty to returns prepared by the Secretary. Requires withholding from bingo and keno winnings. Provides that in the case of any loss arising from the sale or exchange of foreclosure property which is treated as a capital loss: (1) only 15 percent of the amount of such loss shall be treated as a capital loss; and (2) the remainder shall be treated as a loss from the sale or exchange of real property used in carrying on an insurance business which is recognized ratably over a ten year period. Revises provisions concerning coal industry health benefit plans shortfalls and surpluses. Includes newspaper distributors in the definition of the term direct seller. Provides nonrecognition treatment for certain transfers by common trust funds to regulated investment trusts. Provides for the treatment of: (1) certain insurance contracts on retired lives; and (2) modified guaranteed contracts. Subtitle J: Pension Simplification - Chapter 1: General Provisions - Subchapter A: Simplification of Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner, has compensation from the employer in excess of $80,000, or was the most highly compensated officer of the employer. Provides a special rule where no employees meet those criteria. Defines "participant's compensation" and "compensation" for purposes of specified provisions. Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. Modifies the two-part nondiscrimination test for elective contributions under cash or deferred arrangements by permitting the average deferral percentage for nonhighly compensated employees for the preceding year to be used in determining the permitted average deferral percentage for highly compensated employees for the current year. Subchapter B: Simplified Distribution Rules - Repeals: (1) the $5,000 limitation on the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions. Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. Subchapter C: Targeted Access to Pension Plans for Small Employers - Allows a current year business credit for small employer pension plan qualified start-up costs. Prohibits treating a cash or deferred arrangement as qualified if it is part of a plan maintained by a State or local government or subdivision or a tax-exempt organization described in Internal Revenue Code section 501(c)(3). (Current law applies that prohibition to all tax-exempt organizations, not just to 501(c)(3) tax-exempt organizations.) Subchapter D: Paperwork Reduction - Specifies a limitation, for years beginning after December 31, 1998, concerning a defined benefit plan and a defined contribution plan for the same employee. Subtitle E: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Establishes a contribution limit for owner-employees of retirement plans. Eliminates the special vesting rule for multiemployer plans. Amends minimum funding standards provisions to provide for the treatment of multiemployer plans with regard to full funding limitation provisions and valuation provisions. Modifies the treatment of governmental plans with respect to limits on contributions and benefits. Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. Provides for the application of participant's compensation provisions to permanently and totally disabled participants when a defined contribution plan provides for the continuation of contributions on behalf of all such disabled participants for a fixed or determinable period. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants on the basis of hardship or after attainment of age 59 1/2. Treats certain retirement incentive payments for tenured faculty as not providing for the deferral of compensation. Makes the social security retirement age the uniform retirement age for purposes of discrimination testing. Doubles from five to ten percent the tax on prohibited transactions. Amends the Revenue Act of 1987 to extend, for two years, IRS user fee provisions. Chapter 2: Church Fees - Recodifies and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.

A bill to direct the Secretary of the Interior to make technical corrections in maps relating to the Coastal Barrier Resources System.

United States · United States Congress · 20 October 1995

Directs the Secretary of the Interior to make corrections to a specified map of the Coastal Barrier Resources system relating to Fire Island Unit NY-59P as necessary to: (1) move the eastern boundary of the excluded area covering Ocean Beach, Seaview, Ocean Bay Park, and part of Point O'Woods to the western boundary of the Sunken Forest Preserve; and (2) ensure that the depiction of "otherwise protected areas" does not include any area owned by the Point O'Woods Association, a privately held corporation under the laws of the State of New York.

Small Business Fair Treatment Act of 1995

United States · United States Congress · 20 October 1995

TABLE OF CONTENTS: Title I: Regulatory Simplification and Voluntary Compliance Title II: Miscellaneous Provisions Small Business Fair Treatment Act of 1995 - Title I: Regulatory Simplification and Voluntary Compliance - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which: (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required. Requires such guide to be disseminated to small entities, as well as to small business development centers. Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. (Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request). Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. (Sec. 104) Requires each covered agency to establish voluntary self-audit procedures for small entities regulated by the agency. Makes inadmissible as evidence in an action, as well as outside the bounds of discovery, any information compiled by a small entity in a voluntary self-audit, as long as an action to address such violation is brought within 180 days after the conclusion of the self-audit. Title II: Miscellaneous Provisions - Prohibits any covered agency from establishing personnel practices that reward its employees based on the number of contacts made with small entities in pursuit of enforcement actions or the levy of fines to enforce agency regulations. (Sec. 202) Directs the Administrator of the Environmental Protection Agency (EPA) to afford small entities a 180-day grace period for the correction of EPA violations, with exceptions. (Sec. 203) Authorizes a covered agency to waive all or part of any punitive fine that would otherwise be imposed on a small entity: (1) for a first time violation; and (2) if the small entity acts quickly and in good faith to correct the violation.

Seven-Year Balanced Budget Reconciliation Act of 1995

United States · United States Congress · 20 October 1995

TABLE OF CONTENTS: Title I: Committee on Agriculture Subtitle A: Freedom to Farm Subtitle B: Dairy Subtitle C: Other Commodities Subtitle D: Miscellaneous Program Changes Subtitle E: Commission on 21st Century Production Agriculture Title II: Committee on Banking and Financial Services Subtitle A: Housing Provisions Subtitle B: Thrift Charter Conversion Subtitle C: Community Reinvestment Act Amendments Subtitle D: Phase-Down of Oversight Board Title III: Committee on Commerce Subtitle A: Communications Subtitle B: Nuclear Regulatory Commission Annual Charge Subtitle C: United States Enrichment Corporation Subtitle D: Waste Isolation Pilot Project Subtitle E: Strategic Petroleum Reserve Title IV: Committee on Economic and Educational Opportunities Subtitle A: Higher Education Subtitle B: Service Contract Repeal Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 Title V: Committee on Government Reform and Oversight Title VI: Committee on International Relations Subtitle A: Recovery of Costs of Certain Health Care Services Subtitle B: Enactment into Law of Division A of H.R. 1561 Subtitle C: Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 Title VII: Committee on the Judiciary Title VIII: Committee on National Security Subtitle A: Military Retired Pay Subtitle B: Naval Petroleum Reserves Subtitle C: National Defense Stockpile Title IX: Committee on Resources Subtitle A: Alaska and Helium Privatization Subtitle B: Water and Power Subtitle C: National Parks, Forests, and Public Lands Subtitle D: Territories Subtitle E: Minerals Subtitle F: Indian Gaming Subtitle G: Consultation Subtitle H: Mapping Title X: Committee on Transportation and Infrastructure Subtitle A: Water Resources Subtitle B: Ocean Shipping Reform Subtitle C: Midewin National Tallgrass Prairie Subtitle D: Miscellaneous Provisions Title XI: Committee on Veterans' Affairs Subtitle A: Extension of Temporary Authorization Subtitle B: Other Matters Subtitle C: Health Care Eligibility Reform Title XII: Trade Subtitle A: Technical Corrections and Miscellaneous Trade Provisions Subtitle B: Generalized System of Preferences Subtitle C: Trade Adjustment Assistance Title XIII: Committee on Ways and Means-Revenue Reconciliation Subtitle A: Extension of Expiring Provisions, Etc. Subtitle B: Medical Savings Accounts Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 Subtitle D: Additional Technical Corrections Subtitle E: Tax Information Sharing Subtitle F: Revenue Increases Subtitle G: Reform of the Earned Income Tax Credit Subtitle H: Increase in Public Debt Limit Subtitle I: Coal Industry Retiree Health Equity Title XIV: Committee on Ways and Means-Tax Simplification Subtitle A: Provisions Relating to Individuals Subtitle B: Pension Simplification Subtitle C: Treatment of Large Partnerships Subtitle D: Foreign Provisions Subtitle E: Other Income Tax Provisions Subtitle F: Estates and Trusts Subtitle G: Excise Tax Simplification Subtitle H: Administrative Provisions Title XV: Preserving, Protecting, and Strengthening Medicare Title XVI: Transformation of the Medicaid Program Title XVII: Abolishment of Department of Commerce Subtitle A: Abolishment of Department of Commerce Subtitle B: Disposition of Various Programs, Functions, and Agencies of Department of Commerce Subtitle C: Office of United States Trade Representative Subtitle D: Patent and Trademark Office Corporation Subtitle E: Miscellaneous Provisions Title XVIII: Welfare Reform Title XIX: Contract with America-Tax Relief Title XX: Budget Enforcement Seven-Year Balanced Budget Reconciliation Act of 1995 - Title I: Committee on Agriculture - Agricultural Reconciliation Act of 1995 - Subtitle A: Freedom to Farm - Freedom to Farm Act of 1995 - Amends the Agricultural Act of 1949 (Act) to direct the Secretary of Agriculture (Secretary) to offer seven-year market transition contracts for cropland compliance with conservation and wetland requirements. (Sec. 1103) Makes nonrecourse marketing assistance loans available through crop year 2002 for wheat, feed grains, upland cotton, extra long staple cotton, rice, and oilseeds. (Sec. 1104) Amends the Food Security Act of 1985 to revise certain agricultural program payment limitations relating to individual attribution of payments to corporations. Permits the use of social security and employer identification numbers for such purposes. Subtitle B: Dairy - Chapter 1: Authorization of Marketing Transition Payments in Lieu of Milk Price Support Program - Amends the Act to direct the Secretary to offer seven-year market transition contracts (in lieu of price supports) to milk producers for compliance with animal waste and wetland requirements. (Sec. 1202) Makes recourse loans available to commercial processors of dairy products. Chapter 2: Dairy Export Programs - Amends the Food Security Act of 1985 with regard to the dairy export incentive program, including maximum levels of Commodity Credit Corporation assistance. (Sec. 1212) Directs the Secretary to assist the dairy industry to establish and maintain an export trading company, or alternatively, to identify another nongovernmental entity for such purpose under specified circumstances. (Sec. 1214) Directs the Secretary to study the potential impact on the U.S. dairy industry of additional cheese granted U.S. access under the Uruguay Round on Prices. Chapter 3: Dairy Promotion Programs - Amends the Fluid Milk Promotion Act of 1990 to extend fluid milk marketing order authority. (Sec. 1222) Amends the Dairy Production Stabilization Act of 1983 to include imported dairy products under the dairy promotion program. Increases National Dairy Promotion and Research Board membership. Obligates funds for international market development. Chapter 4: Verification of Milk Receipts - Amends the Act to establish a milk receipts verification program (which shall replace certain milk marketing orders). Chapter 5: Miscellaneous Provisions Related to Dairy - Amends the Act to extend dairy product transfer authority for military and veterans hospitals. (Sec. 1242) Amends Federal law to extend the dairy indemnity program. Subtitle C: Other Commodities - Amends the Act and the Agricultural Adjustment Act of 1938 to extend and revise peanut price support and quota programs. (Sec. 1302) Amends the Act to provide loans (recourse or nonrecourse depending upon sugar tariff levels) for sugarcane and sugar beet processors. Amends the Agricultural Adjustment Act of 1938 to repeal sugar marketing quota and allotment provisions. (Sec. 1303) Amends the Disaster Assistance Act of 1988 to repeal cottonseed price support authority. Subtitle D: Miscellaneous Program Changes - Amends the Emergency Livestock Feed Assistance Act of 1988 to prohibit emergency livestock feed assistance if crop insurance or crop disaster assistance is available. (Sec. 1402) Amends the Food Security Act of 1985 with regard to the conservation reserve program to: (1) reduce and limit acreage enrollments; (2) authorize optional contract termination by producers; and (3) limit rental rates. (Sec. 1403) Amends the Federal Crop Insurance Act to permit a producer to decline catastrophic risk protection for a specified crop and continue to maintain eligibility for other specified agricultural program benefits. Amends the Department of Agriculture Reorganization Act of 1994 to establish an Office of Risk Management to supervise the Federal Crop Insurance Corporation. (Sec. 1404) Amends the Act to repeal the farmer owned reserve program. (Sec. 1405) Amends the Agricultural Trade Act of 1978 to extend export enhancement program funding. (Sec. 1406) Directs the Secretary to establish the Business Interruption Insurance Program to cover agricultural crop producer revenue losses. Subtitle E: Commission on 21st Century Production Agriculture - Establishes the Commission on 21st Century Production Agriculture which shall assess: (1) the changes in U.S. production agriculture resulting from this Act; and (2) the current and future condition of U.S. production agriculture and the appropriate agricultural role of the Government. Terminates the Commission upon submission of a required report. Title II: Committee on Banking and Financial Services - Subtitle A: Housing Provisions - Amends the Federal Home Loan Bank Act to terminate the Resolution Trust Corporation and Federal Deposit Insurance Corporation affordable housing programs and transfer remaining authority to the Department of Housing and Urban Development. Amends the National Housing Act to authorize foreclosure avoidance and mortgagee assistance. Amends the Housing and Community Development Amendments of 1978 with regard to the multifamily property disposition program. Amends the Housing Act of 1949 to provide for rural housing loan subsidy recapture upon loan repayment. Amends the Housing Act of 1937 to reduce the section 8 annual adjustment factors for units with no tenant turnover. Subtitle B: Thrift Charter Conversion - Thrift Charter Conversion Act of 1995 - Chapter 1: Bank Insurance Fund and Savings Association Insurance Fund - Amends the Federal Deposit Insurance Act (FDIA) to prescribe guidelines for the imposition of a single additional special assessment on each member of the Savings Association Insurance Fund (SAIF) and the Bank Insurance Fund (BIF), for deposit into the SAIF. (Sec. 2202) Amends the Federal Home Loan Bank Act to make conforming amendments to the assessment authority of the Financing Corporation (FICO), extending FICO assessments to all depository institutions insured by the Federal Deposit Insurance Corporation (FDIC). Amends the FDIA to declare that assessment rates for SAIF members may not be less than assessment rates for BIF members. Amends the FDIA to: (1) repeal its exit moratorium and conversion (Oakar) provisions; (2) replace the BIF with a deposit insurance fund initially consisting of the merged assets and liabilities of the BIF and SAIF; (3) direct the FDIC to merge the BIF and SAIF into the deposit insurance fund on January 1, 1998; and (4) establish in the new deposit insurance fund a special emergency reserve. (Sec. 2204) Prescribes procedural guidelines with respect to the refund of amounts in a deposit insurance fund in excess of the designated reserve amount. (Sec. 2205) Prohibits the FDIC Board of Directors from setting semi-annual assessments in excess of the amount needed to maintain or achieve the designated reserve ratio of a deposit insurance fund. Chapter 2: Status of Banks and Savings Associations - Prescribes procedural guidelines for the termination of Federal savings association charters and their conversion into national bank charters or State depository institution charters. Prohibits the Director of the Office of Thrift Supervision from granting any charter for a Federal savings association. Amends the FDIA to treat State Savings Associations as banks for purposes of Federal banking law. (Sec. 2222) Amends the Bank Holding Company Act of 1956 to permit continuation of grandfathered bank holding company activities and affiliations. (Sec. 2223) Sets forth transition provisions for: (1) activities of savings associations and mutual savings associations which have converted into or become treated as banks (including mutual national banks); and (2) registration of bank holding companies resulting from conversions of savings associations to banks or treatment of savings associations as banks. (Sec. 2228) Repeals the Home Owners' Loan Act. Chapter 3: Transfer of Functions, Personnel, and Property - Abolishes the Office of Thrift Supervision and the position of Director of such Office. Transfers its functions, personnel, and property to the Office of the Comptroller of the Currency, the FDIC, or the Board of Governors of the Federal Reserve System. Subtitle C: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent to prohibit a supervisory agency from imposing additional burden, recordkeeping, or reporting when examining financial institutions. (Sec. 2302) Exempts a regulated financial institution from CRA evaluation requirements if: (1) the institution and its parent bank holding company have aggregate assets of not more than $100 million; and (2) it publicizes its services to local low- and moderate-income neighborhoods. (Sec. 2303) Permits qualifying financial institutions to self-certify compliance with CRA requirements. Prohibits a Federal regulatory agency from imposing additional self-certification requirements. (Sec. 2304) Adds provisions for community input and conclusive rating, including: (1) requirements for publication of exam schedule; (2) opportunity for comment and evaluation by the appropriate Federal financial supervisory agency; and (3) procedures for requests for rating reconsideration. (Sec. 2305) Mandates that, in conducting assessments of financial institutions, the appropriate Federal regulatory agency: (1) consider the nature of the business of special purpose financial institutions; (2) assess and take into account the institution's record commensurate with the amount of deposits it has received; and (3) develop standards under which they may be deemed to be in compliance with CRA requirements consistent with the specific nature of such businesses. Defines a "special purpose institution" as one that does not generally accept retail deposits from the public in amounts of less than $100,000, such as wholesale, credit card, and trust institution. (Sec. 2306) Requires the appropriate Federal financial supervisory agency, in assessing and taking into account the records of a regulated financial institution for purposes of CRA compliance, to consider as a positive factor, consistent with safe and sound operation of the institution, its investments in or loans to: (1) minority or women's depository institutions, or low-income credit unions; and (2) joint ventures, entities, or projects providing benefits to distressed communities (regardless of whether the recipient institutions or communities are located within the regulated financial institution's chartered service area). (Sec. 2307) Prohibits additional CRA recordkeeping and loan data collection requirements. (Sec. 2309) Amends the Federal Home Loan Bank Act to exempt from certain reporting requirements members which receive a CRA rating of outstanding or satisfactory. (Sec. 2310) Expresses the sense of the Congress that congressional committees should exercise aggressive oversight of the adoption and implementation of any CRA regulation by a Federal supervisory agency. Requires such an agency to report to the Congress on the implementation of all CRA regulations. (Sec. 2311) Amends the FDIA to direct each Federal banking agency to ensure that its banking examiners consult on examination activities and resolve any inconsistent recommendations given to a depository institution. (Sec. 2312) Amends the CRA to prohibit a Federal agency from prescribing any regulation which would: (1) require a financial institution to make any loan or enter into any agreement on the basis of any discriminatory criteria prohibited under Federal law; (2) make any loan to, or enter into any other agreement with, an uncreditworthy person that would jeopardize the institution's safety and soundness; or (3) hinder the institution's full responsibility to provide credit to all community segments. Subtitle D: Phase-Down of Oversight Board - Amends the Federal Home Loan Bank Act to terminate the authority of the Thrift Depositor Protection Oversight Board to employ staff. Title III: Committee on Commerce - Subtitle A: Communications - Chapter 1: Spectrum Auctions - Amends the Communications Act of 1934 (the Act) to state that certain competitive bidding requirements shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC): (1) that, as the result of the FCC carrying out specified obligations, are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital television (TV) services assigned by the FCC to existing terrestrial broadcast licensees to replace their current TV licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits. Requires the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) as of this Act's enactment date, have not been designated by FCC regulation for assignment or identified by the Secretary of Commerce pursuant to provisions of the National Telecommunications and Information Administration Organization Act (NTIAO Act). Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2000. Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication and the needs of public safety radio services; and (3) comply with the requirements of international agreements concerning spectrum allocations. Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and that are allocated for Federal Government use but that could be reallocated pursuant to the NTIAO Act. Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to this Act, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Federal Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice. Requires the FCC to commence the Broadband Personal Communications Services C-Block auction (described in the FCC's Sixth Report and Order) not later than December 4, 1995. Ratifies and adopts the FCC's competitive bidding rules governing such auction. Sets forth or revises provisions regarding: (1) modification of auction policy to preserve the auction value of the spectrum; (2) identification and reallocation of auctionable frequencies; and (3) allocation and assignment of frequencies identified in the second reallocation report. Chapter 2: Federal Communications Commission Authorization - Federal Communications Commission Authorization Act of 1995 - Amends the Act to authorize appropriations for the FCC for FY 1996. Derives a portion of the sum of such appropriations in each fiscal year from an amount determined by the establishment and adjustment of application and regulatory fees under the Act. Directs the FCC to submit to the appropriate congressional committees and publish in the Federal Register semiannual reports specifying the reimbursements which the FCC has accepted from non- Federal sources for travel and related expenses of FCC employees. Amends the Federal Communications Commission Authorization Act of 1988 to authorize the FCC, during FY 1996, to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated under the Older Americans Act. (Sec. 3013) Amends the Act to direct the FCC, for FY 1996 and thereafter, to modify the application fees so that total collections for the fiscal year equal $40 million plus the amount of necessary expenses for costs related to application processing which exceeds $40 million. Directs the FCC to notify the Congress of any proposed and adopted modifications. Requires $40 million from FCC application fees to be deposited into the Treasury and used for application processing and related expenses of the FCC. Revises the schedule of application fees for personal communications services and amateur vanity call signs under the Act. Specifies that moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out FCC functions. (Sec. 3014) Sets forth or revises provisions regarding: (1) recovery of executive and legal costs incurred by the FCC; (2) establishment and adjustment of fees; (3) regulatory fees for satellite TV operations; and (4) governmental entities use for common carrier purposes. Directs the FCC to: (1) develop accounting systems for making adjustments authorized by the Act; and (2) annually prepare and submit to the Congress an analysis of such systems and afford interested persons the opportunity to submit comments concerning the allocation of costs, as well as the application and regulatory fee adjustments. (Sec. 3015) Authorizes the FCC to: (1) designate an entity to make inspections of ship radio stations; and (2) require such inspections annually, with an authorized waiver under limited circumstances. (Sec. 3016) Sets forth provisions regarding: (1) expedited Instructional Television Fixed Service processing; (2) tariff rejection authority; (3) refund authority; (4) licensing of aviation, maritime, and personal radio services by rule; (5) forfeitures for violations imperiling safety of life; (6) the use of experts and consultants; and (7) the statute of limitations for forfeiture proceedings against common carriers. (Sec. 3024) Directs the FCC to report to the Congress on the existing and future use of the FM band to facilitate the use of auditory assistive devices for individuals with hearing impairments. Subtitle B: Nuclear Regulatory Commission Annual Charge - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from September 30, 1998, to September 30, 2002, the authority of the Nuclear Regulatory Commission to annually assess and collect user fees and charges. Subtitle C: United States Enrichment Corporation - USEC Privatization Act - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing). (Sec. 3038) Revises employee protection guidelines at the two gaseous diffusion plants of the U.S. Enrichment Corporation (USEC). Declares that privatization shall not diminish the accrued, vested pension benefits of the Corporation's operating contractor. Requires transfer of all plan assets and liabilities to a pension plan sponsored by the new contractor or the private corporation, as the case may be. Requires the Department of Energy (DOE) and the private corporation to continue to fund post-retirement health benefits for persons employed by an operating contractor at either of the gaseous diffusion plants at substantially the same level of coverage as eligible retirees are entitled to receive on the privatization date, subject to specified cost-saving measures and certain eligibility limitations. (Sec. 3039) Terminates USEC's status as the exclusive marketing agent for the United States for entering into contracts for providing enriched uranium and uranium enrichment and related services. Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term. States that USEC shall establish prices for its products, materials, and services on a profitmaking basis. Prescribes guidelines under which DOE shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste. States that as of the privatization date all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization date shall be direct liabilities of, and judgments against, the United States. Prescribes procedural guidelines for the U.S. Executive Agent under the Russian HEU Agreement to transfer without charge to the Secretary of Energy for subsequent sale an amount of uranium hexaflouride equivalent to the natural uranium component of low- enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent. (Sec. 3040) Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Prohibits the Secretary from allowing the privatization of USEC by means of a public offering unless the Secretary determines that the estimated gross proceeds from the USEC sale will be an adequate amount. Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of public offering. Terminates any USEC license if privatization results in its being owned, controlled or dominated by a foreign entity or otherwise inimical to the security of the United States. Precludes USEC from implementing the privatization plan less than 60 days after the date that the Comptroller General presents an evaluation of the plan to the Congress. (Sec. 3041) Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. (Sec. 3042) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment. Subtitle D: Waste Isolation Pilot Project - Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act to repeal: (1) the mandate for the test phase and retrieval plan and the authority of the Secretary of Energy to conduct test phase activities; (2) limitations placed upon the quantity of waste that may be transported; (3) the proscription against transportation or emplacement of remote-handled transuranic waste at the Waste Isolation Pilot Plant (WIPP) project; (4) the WIPP requirements for commencement of transuranic waste disposal operations; (5) specified certification requirements with respect to WIPP compliance with Environmental Protection Agency (EPA) disposal regulations; (6) certain remedies for noncompliance with EPA certification requirements; (7) periodic EPA recertification (providing for periodic EPA review and comment only); and (8) the mandate for engineered and natural barriers and waste form modifications to isolate transuranic waste after disposal. (Sec. 3051) Exempts transuranic mixed waste earmarked for WIPP disposal from specified land disposal restrictions. States that a no migration variance is not required for its disposal at WIPP. Repeals the mandate for: (1) determination of noncompliance with EPA requirements for test, disposal and decommissioning phase activities; (2) retrievability of transuranic waste if WIPP violates final EPA disposal regulations; and (3) a plan for the decommissioning of WIPP. (Sec. 3055) Authorizes WIPP to receive transuranic waste from the Secretary of Energy from a non-defense activity. Subtitle E: Strategic Petroleum Reserve - Amends the Energy Policy and Conservation Act to prescribe procedural guidelines under which the Secretary of Energy is authorized to store in underutilized Strategic Petroleum Reserve facilities petroleum owned by a foreign government or its representative. Title IV: Committee on Economic and Educational Opportunities - Subtitle A: Higher Education - Higher Education Program Efficiency Act of 1995 - Amends student aid provisions of the Higher Education Act of 1965 (HEA) to terminate program authority, funding, and authority to enter into new agreements for the William D. Ford Federal Direct Loan Program. Revises provisions for funds for administrative expenses. (Sec. 4003) Eliminates certain grace period interest subsidies for new student loans. (Sec. 4004) Revises the parent loan (Federal PLUS loans) program to: (1) set a $15,000 maximum limitation on the amount parents may borrow for one student in any academic year; (2) require each holder of a PLUS loan to pay biannual rebates of interest subsidies to the Secretary of Education; and (3) raise interest rates on PLUS loans. (Sec. 4005) Requires a loan transfer fee to be paid by the transferee to the Secretary. (Sec. 4006) Requires the originating lender to remit a fee to the guarantee agency. (Sec. 4007) Revises HEA student aid provisions relating to: (1) reserve funds; (2) the free Federal application for student loans, in an electronic or other format; (3) Federal interest subsidies; (4) a reinsurance percentage; (5) loan fees from lenders; and (6) an audit exemption for small lenders. Excludes loans made or held as a trustee or in a trust capacity for the benefit of a third party from consideration in determining whether the making or holding of loans to students and parents is the primary consumer credit function of the eligible lender. Includes as an eligible lender under the student loan insurance program a wholly-owned subsidiary company which, as of the enactment of this Act, perform as a finance company and participates in the authorized program pursuant to specified provisions. (Sec. 4008) Requires guarantee agencies to use at least 50 percent of their reserve funds to purchase and hold defaulted loans that they guarantee and for which insurance claims are filed by the eligible lender, with specified exceptions. (Sec. 4009) Extends the period for which a guaranty agency is required to hold a defaulted loan under certain conditions. Provides for the new extended holding period program with respect to subject loans, excluded loans, and guaranty agency efforts during such period. Prohibits the Secretary from regulating the collection activities of a guaranty agency with respect to any loan which is subject to such extended holding period and for which reinsurance has not been paid. (Sec. 4010) Provides for the privatization and renaming of the College Construction Loan Insurance Association, and the cessation of Federal sponsorship. Repeals provisions for such Association under HEA. (Sec. 4011) Revises, for purposes of the definition of proprietary institution, provisions relating to consideration of revenues from sources that are not derived from funds under HEA student aid provisions. (Sec. 4012) Extends the duration of the Federal student loan insurance program. Terminates the authority to make Federal consolidation loans as of the end of FY 2002. Subtitle B: Service Contract Repeal - Repeals the Service Contract Act of 1965. Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 - Provides that, for certain purposes under the Employee Retirement Income Security Act of 1974 (ERISA), a prescribed minimum period for a joint and survivor annuity explanation before the annuity starting date shall not apply if waived by the participant and, if applicable, the participant's spouse. Title V: Committee on Government Reform and Oversight - Provides under the Omnibus Budget Reconciliation Act of 1993 for an extension of the delay in cost-of-living adjustments in Federal employee retirement benefits through FY 2002. (Sec. 5002) Amends Federal civil service law to revise the Civil Service (CSRS) and Federal Employees' (FERS) Retirement Systems with respect to deductions, contributions, and deposits, among other changes: (1) increasing agency contributions under CSRS during calendar years 1996 through 2002; (2) providing for a phased-in increase under both systems of the amounts of individual deductions, deposits, and withholdings until 2003 when the percentage of basic pay subject to such withholding generally reverts back to the current 1995 rate, except with regard to congressional employees and Members of Congress; and (3) providing additional retirement-related changes under both systems with regard to congressional employees and Members of Congress and their years of service for purposes of computing an annuity. Continues the current computation formula for annuities of the Capitol Police, notwithstanding the amendments of this title. (Sec. 5004) Establishes a legislative branch Federal Employees Retirement Security Commission to study the financial soundness of, and other related issues pertaining to, the retirement systems for Government employees and members of the uniformed services, for a report with appropriate recommendations to the Congress. (Sec. 5005) Makes technical amendments regarding the U.S. Postal Service, with changes repealing the authorization of transitional appropriations. (Sec. 5006) Repeals provisions under the Stewart B. McKinney Homeless Assistance Act pertaining to the availability of surplus property for homeless assistance. Title VI: Committee on International Relations - Subtitle A: Recovery of Costs of Certain Health Care Services - Amends the Foreign Assistance Act of 1980 to include under the State Department health care program for coverage abroad any other persons designated by the Secretary of State in addition to Foreign Service members, other Federal employees abroad, and their families. Authorizes the Secretary of State, under such program, to collect from a third party payer the reasonable costs incurred by the Department on behalf of covered beneficiaries (excluding such additional program the reasonable costs of such services incurred by the Department on the person's behalf. Secretary-designated persons) for health care services to the same extent that such a beneficiary would be eligible to receive indemnification from the third party payer for such costs. (Sec. 6001) Authorizes the Secretary of State to collect from a non-covered person (including such additional Secretary-designated persons) who receives health care services under such program the reasonable costs of such services incurred by the Department on the person's behalf. Subtitle B: Enactment Into Law Of Division A of H.R. 1561 - Enacts into law Division A of H.R. 1561, as passed the House of Representatives on June 8, 1995 (relating to consolidation of foreign affairs agencies). Subtitle C: Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Part 1: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state. (Sec. 6212) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. Amends the Trading With the Enemy Act to exempt from its civil penalties: (1) news gathering, research, or the export or import of, or transmission of, information or informational materials; and (2) clearly defined educational or religious activities, or activities of recognized human rights organizations, that are reasonably limited in frequency, duration, and number of participants. Amends the Cuban Democracy Act of 1992, with respect to sanctions against a country that provides assistance to Cuba, to include as such assistance any exchange, reduction, or forgiveness of Cuban debt owed to such country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba or of a Cuban national (debt-for-equity swap). (Sec. 6213) Prohibits any U.S. national, permanent resident alien, or U.S. agency from knowingly extending any loan or other financing to a foreign national, U.S. national, or permanent resident alien, in order to finance transactions involving property confiscated by the Cuban Government the claim to which is owned by a U.S. national. Terminates such prohibition upon termination of the economic embargo of Cuba. Sets forth penalties for violation of such prohibition. (Sec. 6214) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until the President determines that a transition government is in power in Cuba. Urges the President to support Cuba's membership in such institutions during the period that a transition government is in power subject to the membership taking effect at such time as the President deems most likely to facilitate the transition to a democratically-elected government there. Requires the Secretary of the Treasury to withhold U.S. payments from institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 6215) Urges the President to instruct the U.S. Permanent Representative to the Organization of American States (OAS) to vote to oppose ending the suspension of Cuba from the OAS until the President determines that a democratically elected government is in power there. (Sec. 6216) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Expresses strong disapproval of Russia's extension of credits in support of the intelligence facility at Lourdes, Cuba, in November 1994. Withholds from assistance provided for an independent state an amount equal to the assistance and credits provided by such state in support of intelligence facilities in Cuba, particularly the one at Lourdes. Authorizes the President to waive the requirement to withhold such assistance if specified conditions are met. (Sec. 6217) Requires the Director of the U.S. Information Agency to convert television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. Repeals the Television Broadcasting to Cuba Act and the Radio Broadcasting to Cuba Act upon the presidential determination that a democratically elected government is in power in Cuba. (Sec. 6218) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries. (Sec. 6219) Authorizes the President to furnish assistance to individuals and independent nongovernmental organizations to support democracy-building efforts for Cuba. Directs the President to take steps to encourage the OAS to create a special emergency fund for the purpose of deploying human rights observers, election support, and election observation in Cuba. Urges the President to instruct the U.S. Permanent Representative to the OAS to encourage other OAS member states to join in calling for the Cuban Government to allow the immediate deployment of independent OAS human rights monitors throughout Cuba and on-site visits to Cuba by the Inter-American Commission on Human Rights. Urges the President to provide not less than $5 million of the U.S. voluntary contribution to the OAS for the purposes of the special fund. (Sec. 6220) Directs the President to withhold the allocation of assistance, with specified exceptions, for any country in an amount equal to the sum of assistance and credits, if any, provided by such country in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba. (Sec. 6221) Directs the President to instruct all U.S. Government officials who engage in official conduct with the Cuban Government to raise on a regular basis the extradition of or rendering to the United States of all persons residing in Cuba who are sought by the U.S. Department of Justice for crimes committed in the United States. Part 2: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, assistance that is essential to the successful completion of the transition to democracy, remittances by individuals to their relatives of cash or goods, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 6232) Requires the President to take steps to obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba. Requires the President, following transmittal to the Congress of a determination that a democratically elected government is in power, to submit to the appropriate congressional committees a report that describes: (1) acts, policies, and practices that constitute significant barriers to, or distortions of, U.S. trade in goods or services or foreign direct investment with respect to Cuba; (2) U.S. policy objectives regarding trade relations with a democratically elected government in Cuba; (3) specific U.S. trade negotiating objectives with Cuba; and (4) actions proposed to be undertaken to achieve any of such policy and negotiating objectives. (Sec. 6233) Requires the President, upon determining than a democratically-elected government is in power in Cuba, to designate a United States-Cuba Council to: (1) ensure coordination between the U.S. Government and the private sector in responding to change and promoting market-based development in Cuba; and (2) establish periodic meetings between the U.S. and Cuban private sectors for the purpose of facilitating bilateral trade. (Sec. 6234) Authorizes the President to suspend the U.S. economic embargo against Cuba upon determining to the appropriate congressional committees that a democratically-elected government is in power in Cuba. Requires the President to notify the Congress of any action taken to suspend such embargo. Declares that such suspension shall cease to be effective upon enactment of a joint resolution disapproving such action. (Sec. 6235) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Part 3: Protection of Property Rights of United States Nationals Against Confiscatory Takings By the Castro Regime - Makes any person, including any agency or instrumentality of a foreign state, that traffics in confiscated property liable for money damages to any U.S. national who owns the claim to such property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 6253) Requires district courts to accept as conclusive proof of ownership a certification of a claim to ownership that has been made by the Foreign Claims Settlement Commission pursuant to the International Claims Settlement Act of 1949. Amends such Act to authorize district courts, for fact-finding purposes, to refer to the Commission questions of the amount and ownership of a claim by a U.S. national resulting from the confiscation of property by Cuba, whether or not the U.S. national qualifies as such at the time of the confiscation. (Sec. 6254) Bars certain ineligible U.S. nationals, or Cuban nationals, from having a claim in the compensation paid to a U.S. national by virtue of a claim certified by the Commission. Part 4: Exclusion of Certain Aliens - Directs the Secretary of State to exclude from the United States aliens (or their spouses, minor children, or agents) involved in the confiscation of property, or the trafficking in confiscated property, owned by a U.S. national. Provides for case-by-case waiver of this exclusion in the national interest of the United States. Title VII: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend provisions regarding surcharges on patent and trademark fees through FY 2002. Specifies patent and trademark user fee amounts to be collected through establishment of surcharges for FY 1999 through 2002. Amends Federal law to require that a surcharge of 40 percent be added to each civil monetary penalty at the time it is assessed by the United States. Specifies that payments relating to a civil monetary penalty shall be applied, in the following order, to: (1) costs; (2) principal; (3) civil monetary penalty surcharges; and (4) interest. Makes such provisions inapplicable to any civil monetary penalty assessed under the Internal Revenue Code. Establishes in the Treasury a Department of Justice Telecommunications Carrier Compliance Fund for payments to telecommunications carriers as authorized by the Communications Assistance for Law Enforcement Act. Sets forth provisions regarding: (1) offsetting collections; (2) requirements for appropriations offsets; and (3) termination of the Fund. Title VIII: Committee on National Security - Subtitle A: Military Retired Pay - Limits to FY 1995 (currently, through FY 1998) the authority for certain cost-of-living adjustments (COLAs) to military retired and retainer pay. Makes the FY 1996 COLA for military retirees first payable for March 1996. Subtitle B: Naval Petroleum Reserves - Directs the Secretary of Energy to sell all U.S. rights and interest to naval petroleum and oil shale reserves. Requires contracts for such sales to be entered into no later than September 30, 1996. Requires the Secretary to retain the services of: (1) five independent experts for the separate valuation of each of the five reserves; and (2) an investment banker to independently administer the sales. Provides special administrative requirements with respect to the sale of Naval Petroleum Reserve Numbered 1, in Elk Hills, California, including the requirement that the Elk Hills unit continue current full production until the completion of its sale. Provides for the termination of a current Elk Hills naval petroleum sales contract. Directs the Secretary to offer to settle all claims against the United States by the State of California and the California Teachers' Retirement Fund with respect to land within the Elk Hills unit. Requires a 15-day prior congressional notification period before entering into a sales contract with respect to a naval petroleum reserve. Subtitle C: National Defense Stockpile - Directs the President during FY 1996 to dispose of: (1) all cobalt contained in the National Defense Stockpile (NDS) that is authorized for disposal under any law; and (2) additional quantities of specified materials in the NDS so as to result in specified receipts for FY 1996 through 2002. Limits disposal quantities with respect to each item. Requires deposit into the Treasury of all sale receipts. Terminates the disposal authority on the date on which the total receipts desired are achieved. Title IX: Committee on Resources - Subtitle A: Alaska and Helium Privatization - Part 1: Alaska - Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil unless the President finds, within five months after enactment of this Act, that such exportation is not in the national interest. Sets forth mandatory considerations in evaluating whether such exportation is in the national interest, including an environmental review and supply and employment impact analysis. Mandates that, except in certain cases, such oil be transported by U.S.-owned merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. Instructs the Secretary of Commerce to issue, within 30 days after the President's national interest determination, necessary rules, including any licensing requirements and conditions, to implement such determination. Directs the Secretary to recommend that the President take appropriate action (including modification of export authorization) if oil exports under authority of this Act have caused sustained material supply shortages or price increases significantly above world market levels, together with sustained material adverse effects upon domestic employment. Instructs the Comptroller General to review and report to specified congressional committees on energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports upon consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii. (Sec. 9002) Declares it is the purpose of this Act to reduce the Federal deficit by a specified amount over the next five years with revenue derived from competitive bonus bids solicited for oil and gas leases in the Coastal Plain of Alaska's North Slope. Declares that the Congress hereby determines that this Act's oil and gas leasing program in the Coastal Plain is compatible with the purposes of the Arctic National Wildlife Refuge, and that no further findings or decisions are required to implement this determination (thereby avoiding statutorily-mandated environmental determinations). Instructs the Secretary of the Interior to promulgate regulations within six months of the enactment of this Act governing a Coastal Plain competitive leasing program for oil and gas exploration, development, production and transportation. Mandates a first lease sale of at least 200,000 acres within 12 months of the enactment of this Act. Requires lease sales to be based upon an industry nomination process. Directs the Secretary to grant to the highest bidders any oil and gas lease on unleased Federal lands within the Coastal Plain at royalty payments of at least 12 and one-half percent. Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its proscription against the production of oil and gas from the Arctic National Wildlife Refuge. Declares that this Act is the primary land management authorization for all Coastal Plain exploitation activities, and that no land management review, determination or other action shall be required. Authorizes the Secretary to grant Coastal Plain rights-of-way and easements for pipeline construction and oil and gas transportation. States that the "Final Legislative Environmental Impact Statement" (April 1987) is adequate and legally sufficient for all activities related to Coastal Plain exploitation. Mandates that 50 percent of Federal revenues from the Coastal Plain be paid to the State of Alaska. Instructs the Secretary to convey: (1) the surface estate of specified lands to the Kaktovik Inupiat Corporation; and (2) the subsurface estate beneath such surface estate to the Arctic Slope Regional Corporation. Establishes a Community Assistance Fund, consisting of a specified portion of the Federal share of Coastal Plain revenues, to assist regions impacted by the activities authorized under this Act. Establishes the National Endowment for Fish and Wildlife and the Fish and Wildlife Conservation Commission. (Sec. 9003) Directs the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project and related assets to the State of Alaska; and (2) the Eklutna Hydroelectric Project and related assets to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Eklutna Purchasers). Authorizes appropriations to prepare or acquire the Snettisham and Eklutna assets for such sale and transfer. Directs the Secretary to use specified amounts from unobligated balances to fund sale preparation costs. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under a certain statutory selection entitlement. Grants the State of Alaska one year within which to select lands authorized under this Act or any Purchase Agreement incorporated or ratified by it, notwithstanding expiration of such right under specified law. Sets a deadline by which the Secretary must: (1) complete the business of and close out the Alaska Power Administration (APA); (2) report to the Congress documenting the Snettisham and Eklutna sales; and (3) return to the Treasury unobligated balances of funds appropriated for the (APA). Part 2: Helium Privatization - Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. (Sec. 9013) Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. (Sec. 9014) Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. (Sec. 9015) Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. (Sec. 9017) Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines. (Sec. 9018) Directs the Secretary of the Interior to convey to the Texas Plains Girl Scout Council for consideration of one dollar specified lands in Potter County, Texas, reserving easements to the United States for pipeline rights-of-way. Subtitle B: Water and Power - Part 1: Power Marketing Administration - Power Administration Act - Repeals specified proscriptions against the use of Federal funds: (1) to study or prepare for transferring the Federal Power Administrations out of Federal ownership or control; (2) to study "market rate" or other noncost methods for the pricing of hydroelectric power by the Federal public power authorities; and (3) to change the employment levels of the Federal Power Marketing Administrations determined necessary to carry out their statutory responsibilities. Directs the Secretaries of Energy, of the Interior, and of the Army to retain a private sector advisor with respect to selling all facilities and related appurtenances used to generate the electric power marketed by the Southeastern, Southwestern and Western Area Power Administrations. (Sec. 9203) Restructures the capital investment costs of the Bonneville Power Administration in order to arrive at new principal amounts bearing interest rates at the Treasury rate for the old capital investment. Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to provide that payments made by Administrator of the Bonneville Power Administration to the tribes pursuant to a certain settlement agreement shall be a credit that reduces the Administrator's payments to the Treasury by specified amounts. Requires contract provisions governing the sale of Bonneville Power Administration assets to reflect the restructured principal amounts and interest rates. Requires Department of Energy studies and a report to the Congress on: (1) the possible impact on the Bonneville Power Administration customer base of increased rates for electric power sales; and (2) Bonneville Power Administration costs of compliance with the Endangered Species Act of 1973. Part 2: Reclamation - Amends the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of a certain repayment contract between the United States and the Central Utah Water Conservancy District under terms similar to a certain supplemental contract that provided for the prepayment of the Jordan Aqueduct. Requires the District to exercise its right to prepayment by the end of FY 2002. (Sec. 9212) Treats the city of Folsom, California, as a Central Valley Project contractor as of November 1, 1990, in order to consider it eligible to be a transferee of Central Valley Project water earmarked for municipal and industrial purposes. (Sec. 9213) Sly Park Unit Conveyance Act - Instructs the Secretary of the Interior to: (1) sell the Sly Park Unit to the El Dorado Irrigation District (California) for a specified price; (2) transfer and assign certain water rights to such District; and (3) convey all Federal interest in the Sly Park Unit to the District. States that the Congress specifically finds that such sale and water rights conveyance is not subject to environmental or endangered species review under specified environmental protection laws. (Sec. 9214) Amends specified Federal law to raise from $30,000 to $8 million the annual charge to San Francisco and other municipalities or water districts granted water rights-of-way from the Hetch Hetchy Dam. Makes annual operation of Yosemite National Park (currently, the building and maintenance of roads and trails in Yosemite and other California national parks) the highest priority use of the proceeds from such charges, with the remainder of any funds to be used for operations of the other California national parks. Subtitle C: National Parks, Forests, and Public Lands - Part I: Concession Reform - Visitor Facilities and Services Enhancement Act of 1995 - Defines "Secretary concerned" for purposes of this Part as: (1) the Secretary of Interior with respect to the U.S. Fish and Wildlife Service, the National Park Service, the Bureau of Land Management, and the Bureau of Reclamation; (2) the Secretary of Agriculture with respect to the Forest Service; and (3) the Secretary of the Army with respect to the U.S. Army Corps of Engineers. (Sec. 9304) Authorizes the Secretary concerned, under specified conditions, to enter into: (1) a concessioner service agreement (agreement) and issue either a competitive or noncompetitive offering for concessioner services, facilities, or activities (requires a lease to be issued if the concessioner develops or uses fixed facilities on Federal lands); or (2) a license for concession services when the Secretary determines there is no need to limit the number of concessioners providing such services. Sets forth provisions requiring: (1) designation by the Secretaries concerned of a lead agency concerning concessions which conduct a single operation on lands or waters under multiple jurisdictions; (2) such lead agency to be that agency under whose jurisdiction the concessioner generates the greatest amount of gross receipts, unless otherwise agreed; and (3) such designated agency to issue one authorization and collect one fee under this Act for the operation. Exempts: (1) leases or licenses of entire areas to States or other political subdivisions; and (2) any third party agreement insured by such entities concerning such areas. (Sec. 9305) Requires the Secretary concerned to: (1) enter into and reissue an agreement with the person who submits the best proposal through a competitive process as defined in this Act; and (2) prepare a solicitation and prospectus which describes the concession service opportunity and publish announcements of the availability of such solicitation, prospectus, and opportunity in appropriate locations. Sets forth provisions regarding: (1) factors and minimum standards used to determine the best proposal; (2) the selection process; (3) the categorical exclusion provided by the National Environmental Policy Act of 1969 to temporary extensions and similar reissuance of agreements to provide concession services similar in nature and amount to concessions services provided under the previous authorization; and (4) modification of agreements. (Sec. 9306) Requires the Secretary concerned: (1) for the duration of an agreement, to develop a program of annual evaluations of the concessioners operating under the agreement who are providing visitor services in areas under the Secretary's jurisdiction; (2) to seek broad public input from concessioners, State agencies, and other interested persons in developing such program; and (3) to review the performance of each concessioner at least semiannually and to assign each concessioner an overall rating for each year. Authorizes the Secretary concerned to suspend, revoke, or terminate a concession authorization if a concessioner, after being notified that its performance is unsatisfactory, fails to correct the conditions identified as required. Sets forth provisions providing for performance incentives for incumbent concessioners and a renewal penalty for a concessioner whose annual performance is found to be unsatisfactory. (Sec. 9307) Limits concessioners to construction or financing of construction of public facilities on Federal lands that are to be used by the concessioner under the terms of its agreement or facilities necessary for the concessioner to administer such public facilities on Federal land. Provides that a concessioner required or authorized by an agreement to construct any structure, improvement, or fixture on Federal lands shall have an investment interest therein, to the extent provided by the agreement and this Part. Prohibits such investment interest from being extinguished by the expiration of the agreement. Allows the investment interest to be assigned, transferred, encumbered, or relinquished. Sets forth limitations on such interest. Requires the agreement to specify which new improvements, if any, shall become Government property upon its expiration. Bars a concessioner from obtaining an investment interest in any building which is wholly owned by the Government. Provides that the title to the land on which such structure, improvement, or fixture is placed shall be owned by the United States. Directs the Secretary concerned to: (1) require the new concessioner to buy the investment interest of the existing concessioner not selected as the best qualified applicant at the time of reissuance of an agreement; and (2) compensate the concessioner in an amount equal to the value of the concessioner's investment interest in facilities that are discontinued or closed by reason of the Secretary's decision. Sets forth a formula for determining the value of an investment interest of any capital improvement at the end of the agreement period. (Sec. 9308) Establishes a ten-year term for an agreement. Allows the Secretary concerned to issue such agreement for less than ten years but at least for five years if the Secretary determines that the average annual gross receipts over its life would be less than $100,000. Requires the Secretary to issue the agreement for longer than ten years if the Secretary determines that it is in the public interest or necessary due to the extent of investment and associated financing requirements and to meet the obligations assumed. Limits the term of an agreement to 30 years and the term of a concession license to two years. Allows the Secretary to agree to temporary extensions of agreements for up to two years on a noncompetitive basis to avoid interruption of services to the public. (Sec. 9309) Sets forth provisions regarding: (1) rates and charges (requires, for agreements only, rates and charges to the public to be set by the concessioner, subject to the concerned Secretary's approval only where the Secretary determines that sufficient competition for such facilities and services does not exist within or in close proximity to the area in which the concessioner operates); and (2) the transfer or assignment of such agreements, with the Secretary's approval. Prohibits the transfer of a concession license. (Sec. 9311) Requires the Secretary concerned to establish a fee for the privilege of providing concession services. Allows such fee to include: (1) an annual cash payment for the privilege of providing concession services; (2) the amount required for capital improvements required pursuant to this Act; (3) fees for rental or lease of Government-owned facilities or lands occupied by the concessioner; or (4) expenditures for maintenance of, or improvements to, such Government-owned facilities. Directs the Secretary concerned to establish a minimum fee for each of such components. Provides that the final fee shall be the amount bid by the selected applicant under the competitive selection process, with the exception that the Secretary concerned: (1) shall base the final fee for simultaneous authorizations for river runners, outfitters, or guide concession operations of substantially similar services in a specific geographic area on historical data, where available, as well as on industry- specific and other available market data; or (2) may establish a charge per user day. Sets forth provisions concerning: (1) adjustments of fees; and (2) a concession license fee (such fee shall at least cover the program's administrative costs and may not be changed over the term of the license). (Sec. 9312) Requires a concessioner to establish a concession improvement account if the agreement requires the individual to make capital improvements or occupy Government-owned facilities. Specifies provisions concerning such account with respect to: (1) terms and conditions; (2) disbursements; (3) records; (4) an annual financial statement; and (5) transfer of a remaining balance (upon the termination of a concession authorization or upon the transfer of an agreement). Requires the Secretary concerned to: (1) deposit up to a specified amount of receipts from concession services fees and the rental of Government-owned facilities for a fiscal year in the Treasury as miscellaneous receipts for the National Park Service for FY 1997 through 2002; (2) deposit receipts exceeding such specified amounts into concession improvement accounts to be distributed to each concessioner for expenditures on visitor services and facilities; and (3) develop a schedule of anticipated receipts to be deposited into the Treasury for other agencies covered under this Part and to submit such schedule to appropriate congressional committees within 18 months of this Act's enactment. Requires the Inspector General of the Department concerned, beginning with FY 1998, to biennially audit and report to specified congressional committees on such generated concession fees. (Sec. 9313) Requires the Board of Contract Appeals (Board) within each Department to adjudicate disputes between the Government and concessioners arising under this Part. Sets forth dispute procedures which: (1) permit agency decisions to be appealed to the Board after one level of administrative review; (2) demand an expedited procedure for consideration of appeals to suspend, revoke, or terminate a concession authorization; (3) allow a person to seek judicial review of decisions made by the Board; and (4) exclude the expiration of a concession authorization from appeal. Excludes disputes arising under this Part from the jurisdiction of the General Accounting Office to review bid protests under the Competition in Contracting Act of 1984. (Sec. 9314) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year of each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the concession authorization involved. (Sec. 9315) Provides that the following laws and regulations shall not apply to agreements and concession licenses under this Part: (1) Title III of the Federal Property and Administrative Services Act of 1949; (2) the Office of Federal Procurement Policy Act; (3) the Federal Acquisition Streamlining Act of 1994; (4) the Brooks Automatic Data Processing Act; (5) provisions of Federal law relating to U.S. armed forces general and miscellaneous procurement; (6) the Federal Acquisition Regulation (FAR) and any unspecified laws providing authority to promulgate regulations in FAR; (7) the Randolph-Sheppard Act; and (8) the Service Contract Act of 1965. Repeals the Concessions Policy Act of 1965 and provisions of Federal law concerning: (1) the use and occupation of national forest lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational, or public use; (2) the use of Forest Service appropriations for operation, repair, maintenance, and replacement of motor and other equipment; and (3) the rental of fire control equipment to non-Federal agencies. Provides that the provisions of this Part shall supersede the provisions of the following Acts as they pertain to concessions management: (1) the Federal Land Policy and Management Act of 1976; (2) the Refuge Recreation Act; and (3) the National Wildlife Refuge System Administration Act of 1966. Prohibits the Secretary of the Army from leasing lands, including structures or facilities thereon, at water resource development projects for commercial concessions purposes. Provides that: (1) the right of renewal explicitly provided for by any concession contract affected by the repealing, superseding, or amending of the provisions of an Act referred to in this Part shall be preserved for a single renewal of a contract following the enactment of this Part; (2) nothing in this Part shall be construed to change the value of existing capital improvements or possessory interests as identified in concession contracts entered into before this Act's enactment nor to amend, supersede, or otherwise effect any provision of the Alaska National Interest Lands Conservation Act relating to revenue-producing visitor services; and (3) no provision of this Part shall apply to any ski area permittee operating on lands administered by the Forest Service. Sets forth procedures for the reissuance of existing concessioner contracts which: (1) have expired before or within five years of this Act's enactment; and (2) are entered into before, and projected to terminate five years or more after, such enactment. Part 2: National Forest Ski Areas - Requires the Secretary of Agriculture, within five years after the enactment of this Part, to offer to sell at least 40 ski areas to the qualifying ski area operator. Provides that, for purposes of such sale, lands are qualifying concession lands if they are: (1) subject to a lease on this Act's enactment date for use as a ski area with improvements with a fair market value greater than $2,000,000; and (2) located either adjacent to the boundary of the Federal lands or adjacent to other significant private in holdings. Requires the Secretary to provide for an independent appraisal of the lands and interests to be transferred. Authorizes the Secretary to transfer, by sale or exchange, additional National Forest System lands for purposes of adding such lands to, and operating them as part of, such ski areas. Sets forth provisions for the use of proceeds generated through the sales. (Sec. 9322) Amends the National Forest Ski Area Permit Act of 1986 to require that the fee for all ski area permits on National Forest System lands be calculated, charged, and paid according to a specified formula. Provides that the terms of any existing ski area permit in effect on this Act's enactment that specify a different fee calculation method shall prevail unless the permit holder notifies the Forest Service that the individual agrees to adopt the specified formula. Requires the Forest Service to encourage such permit holder to consider adopting the new formula in order to reduce administrative costs. Sets forth provisions regarding: (1) minimum rental fees; (2) time for payment; (3) requirements for reports by the Secretary to specified congressional committees analyzing whether the ski area permit system legislated by this Act is returning fair market value rental to the United States, together with any recommendations the Secretary may have for modifications in the system; (4) transition of the new ski area permit fee; (5) applicability of the National Environmental Policy Act of 1969 to reissuance of ski area permits; and (6) withdrawal of ski areas from operation of mining laws. Part 3: Domestic Livestock Grazing - Sets forth applicable regulations for domestic livestock grazing on Bureau of Land Management and Forest Service lands. (Sec. 9332) Establishes: (1) a basic grazing fee formula based upon the three-year average of the value of livestock production (exclusive of certain progeny) and the ten-year average of certain Treasury bill rates; and (2) a 15-year permit tenure. (Sec. 9335) Exempts grazing activities in conformance with land use plans from further documentation required under the National Environmental Policy Act of 1969. Part 4: Regional Disposal Facility of Southwestern Low Level Radioactive Waste Disposal Compact - Provides for the transfer of specified Federal land in California (Ward Valley site) to the State of California for use as a low level radioactive waste disposal site. Subtitle D: Territories - Part 1: Commonwealth of the Northern Mariana Islands - Terminates certain annual grants to the Commonwealth of the Northern Mariana Islands. Part 2: Territorial Administrative Cessation Act - Territorial Administrative Cessation Act - Abolishes the Office of Territorial and International Affairs of the Department of the Interior. Subtitle E: Minerals - Part 1: Hardrock Mining - States that unless specified patent transition procedures are met, patents will be issued upon payment of the fair market value of the Federal interest in the land, exclusive of, and without regard to: (1) the mineral interests it contains; or (2) its use for mineral activities. Subjects such patents to a Federal royalty. (Sec. 9503) Subjects the production and sale of locatable minerals from an unpatented mining claim to a royalty of 3.5 percent on the net proceeds. Cites royalty exclusions. States that the royalty obligation only accrues upon the sale of mining claim products, not upon their stockpiling for future processing. Defines net proceeds and gross yield for purposes of determining royalty obligations. Excludes from gross yield profits or losses incurred in connection with forward sales, futures or commodity options trading, or any other price hedging or speculative transaction. Delineates limitations and allocations of net proceeds, gross yield, and allowable costs. Requires assessment of interest on unpaid royalties. Declares that the owner of a mining claim under this Act is not under an implied covenant to undertake activity as a result of the obligation to pay a royalty. Emphasizes that any such activity is in the sole discretion of the claim owner. (Sec. 9504) Amends specified Federal law to provide that all deposits of mineral materials, including block pumice, shall be subject only to the disposal guidelines of the Materials Act of 1947. Amends specified mining law to open lands with valuable mineral deposits to leasing by the Secretary of the Interior conditioned upon: (1) minimum royalty payments of two percent of the gross value of their output; and (2) advance payment of 25 cents per acre for the first year, 50 cents per acre for the second through the fifth year, and one dollar per acre thereafter. Credits such rental against royalties. Conditions leases also upon a minimum annual production or payment of a minimum royalty, except during certain emergency production interruptions. Authorizes the Secretary to grant prospecting permits conferring the exclusive right to prospect for mineral materials in specified Federal lands. Entitles a permittee who has discovered valuable minerals to a lease at a minimum royalty of two percent of the quantity or gross value of the output of the mineral materials at the point of shipment to market. Amends Federal law regarding unpatented mining claims to reserve in the United States the right to manage and dispose of the mineral material surface resources prior to issuance of a mining claim patent. Repeals the Building Stone Act and the Saline Placer Act. Amends Federal mining law to authorize the Secretary to contract for the disposal of mineral materials. Restricts the maximum royalty for the gross value of the output of sodium compounds to five and one- half percent subject to certain conditions. (Sec. 9505) Mandates an annual maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor. Provides that the owner of each unpatented mining claim or site shall pay a location fee in lieu of the initial annual $100 maintenance fee per mining claim or site for the assessment year which includes the date of site or claim location. Exempts from annual maintenance requirements owners who certify that governmental actions, including actions of an Indian tribal authority, have denied access to their claims or sites. Sets forth an annual maintenance fee schedule which ranges from $100 for each of the first three years to $500 per year after the fifteenth year. Identifies annual labor activities which may be credited dollar for dollar towards up to 75 percent of the annual maintenance fee payable. Permits application to future maintenance fees of excess amounts expended for annual labor performed over such percentage limitation. Specifies work qualifying as annual labor. Requires that each maintenance fee payment be accompanied by a statement identifying the pertinent claim or site, which shall be in lieu of any annual mining filing requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Reduces the annual claim maintenance fee payments for unpatented mining claim or site by the amount of royalty paid during the prior assessment year for such site or for any contiguous claim or site. Exempts from these requirements any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Instructs the Secretary to review the fee structure periodically and report on it to the Congress. Part 2: Federal Oil and Gas Royalties - Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to place primary liability for lease obligations upon either the person to whom the United States issues a lease, or the current owner of operating rights, but not both. (Sec. 9513) Bars a judicial action relating to an obligation that is not commenced within six years from the date on which the obligation falls due. Prescribes procedural guidelines for: (1) the period of limitations; (2) adjustments and refunds; and (3) recordkeeping requirements. (Sec. 9516) Authorizes the Secretary to waive royalty interest. Prescribes requirements for Federal payment of interest on inadvertent (but not on deliberate) excessive overpayments of royalties. Provides for estimated royalty payments. Prescribes royalty reporting and payment requirements with respect to volume allocation of oil and gas production for Federal leases in unit or communitization agreements and for those not in such agreements. (Sec. 9517) Amends FOGRMA to prohibit assessments for late payments or underpayments. Restricts assessments to erroneous reports only (but permits the imposition of penalties or interest for late payments or underpayment). (Sec. 9518) Prescribes guidelines under which a lessee may make prepayments in lieu of royalty payments for a marginal property which is not cost-effective for the Secretary to administer. Instructs the Secretary to provide accounting, reporting, and auditing relief that will encourage lessees to continue to produce and develop such properties. (Sec. 9519) Amends the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping obligations. Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public at less than fair market value). (Sec. 9520) Amends FOGRMA to require the Secretary to streamline and simplify current royalty management requirements and practices, including reporting, instruction, audits and collections. (Sec. 9521) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties. Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments. (Sec. 9522) Revises the Secretary's authority to delegate to the States all authority and responsibility to conduct audits and inspections with respect to all Federal lands within their borders to include production and royalty accounting duties and specified royalty collections. Authorizes a State to request that the Secretary sell the revenue stream from certain Federal leases on marginal properties. (Sec. 9523) Amends FOGRMA to replace the knowing and willful standard for violations which incur a civil penalty to a standard of willful misconduct or gross negligence (a higher and more difficult standard to prove). (Sec. 9524) Excludes Indian lands and privately owned minerals from the purview of this Act. Subtitle F: Indian Gaming - Amends the Indian Gaming Regulatory Act to increase fee-based funding for the National Indian Gaming Commission from class II gaming activities. Prohibits authorization of appropriations for Commission operations. Subtitle G: Consultation - Amends the Endangered Species Act of 1973 to state that the limitation of resources commitment between a Federal agency and a permit or license applicant shall only apply to site-specific projects or activities. Subtitle H: Mapping - Department of the Interior Surveying and Mapping Efficiency and Economic Opportunity Act of 1995 - Directs the Secretary of the Interior to conduct a mapping and surveying contracting program. Provides for: (1) a published inventory of Department of the Interior mapping and surveying activities; and (2) increased use of private services. Title X: Committee on Transportation and Infrastructure - Subtitle A: Water Resources - Prohibits the Secretary of the Army from modifying any concession service agreement, concession license, or similar instrument except to the extent permitted under law before enactment of this Act. (Sec. 10002) Authorizes the Director of the Federal Emergency Management Agency (FEMA) to assess and collect fees from persons subject to radiological emergency preparedness regulations. Terminates such assessment authority on September 30, 2002. Subtitle B: Ocean Shipping Reform - Ocean Shipping Reform Act of 1995 - Chapter 1: Ocean Shipping Reform - Amends the Shipping Act of 1984 to include as one of its purposes the granting of authority to carriers and shippers to develop transportation arrangements to meet their specific needs. (Sec. 10212) Redefines the term "conference," with respect to an association of ocean carriers permitted, pursuant to an approved agreement, to engage in concerted activity, to change "common tariff," which they all utilize, to "common schedule of transportation rates, charges, classifications, rules, and practices." Defines ocean freight forwarder and shippers' association. (Sec. 10213) Revises the scope of the Shipping Act of 1984, with respect to certain agreements by or among ocean common carriers, to: (1) substitute "ocean freight forwarders" for "non-vessel-operating common carriers" in exclusive, preferential, or cooperative working arrangements with ocean common carriers covered by the Act; and (2) cover agreements that discuss any matter related to ocean transportation contracts, and enter ocean transportation contracts and agreements related to those contracts. Repeals coverage of agreements to regulate or prohibit the use of service contracts. (Sec. 10214) Revises provisions relating to independent actions on certain matters by members of a shipping conference agreement. (Sec. 10216) Amends the High Seas Driftnet Fisheries Enforcement Act to repeal the automated tariff filing and information system provisions of such Act. Amends the Shipping Act of 1984 to revise provisions relating to: (1) schedules of transportation rates, terms, and conditions of common carriers and conferences for transportation services not governed by an ocean transportation contract; (2) ocean transportation contracts between one or more common carriers and a conference and one or more shippers; and (3) prohibited acts by persons or common carriers with respect to the provision of ocean transportation services. (Sec. 10219) Revises provisions for actions that the Federal Maritime Commission (FMC) may take against foreign carriers whose practices in a foreign country result in conditions that adversely affect U.S. carriers in the oceanborne trade, and do not exist for foreign carriers of that country in the United States. (Sec. 10220) Authorizes the Secretary of Transportation to request the Secretary of the Treasury to refuse or revoke any clearance required for a common carrier vessel if such carrier fails to supply certain information in a FMC investigation or adjudicatory proceeding. (Sec. 10224) Revises certain license and bond requirements with respect to ocean freight forwarders. (Sec. 10227) Requires marine terminal operators to make available to the public any schedules of rates, regulations, and practices, including limitations of liability, pertaining to receiving, delivering, handling, or storing property at its marine terminal. Chapter 2: Controlled Carriers Amendments - Revises provisions concerning the unjustness and unreasonableness of controlled carrier rates. (Sec. 10231) Declares that the rate standards, information submissions, remedies, reviews, and penalties under the Shipping Act of 1984 shall apply to ocean common carriers that are not controlled, but which have been determined by the Secretary of Transportation to be structurally or financially affiliated with nontransportation entities or organizations (government or private) in such a way as to affect their pricing or marketplace behavior in an unfair, predatory, or anticompetitive way that disadvantages them. Requires the Secretary to prescribe regulations that would govern how price and other information is to be submitted by controlled and non-controlled carriers when such information would be needed to determine whether prices charged by them are unfair, predatory, or anticompetitive. (Sec. 10232) Directs the Secretary to develop, and submit to the Congress, a negotiation strategy to persuade foreign governments to divest themselves of ownership and control of ocean common carriers. (Sec. 10233) Requires the Secretary to submit to the Congress an annual report on: (1) actions taken under the Foreign Shipping Practices Act and certain sections of the Shipping Act of 1984 and this Act; and (2) the effect on U.S. maritime employment of laws, rules, regulations, policies, or practices of foreign governments, or any practices of foreign carriers or other persons providing maritime services in a foreign country that result in the existence of conditions that adversely affect the operations of U.S. carriers in U.S. oceanborne trade. Chapter 3: Elimination of the Federal Maritime Commission - Requires the Director of the Office of Management and Budget to submit to the Congress a plan to eliminate the FMC no later than October 1, 1997. (Sec. 10241) Authorizes appropriations. Subtitle C: Midewin National Tallgrass Prairie - Chapter 1: General Provisions - Entitles this subtitle the Illinois Land Conservation Act of 1995 (the Act, for purposes of this subtitle). Chapter 2: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie - Ratifies the proposals generally identified by the land use plan approved by the Joliet Arsenal Citizen Planning Commission on May 30, 1995. Transfers the portion of land from the Joliet Arsenal constituting the Midewin National Tallgrass Prairie to the Secretary of Agriculture. Provides that the Secretary of the Army and the Secretary of Agriculture shall both maintain security for designated portions of the Area. (Sec. 10312) Directs the Secretary of the Army to: (1) transfer the designated portions of Arsenal land to the Secretary of Agriculture within six months of the Act's enactment; and (2) retain jurisdiction over any real property at the Arsenal which may be used for actions required under any environmental law to remediate contamination or conditions of noncompliance. (Sec. 10313) States that any liability or responsibility of the Secretary of the Army under environmental laws shall not transfer with the transfer of Arsenal property. Orders any Federal department or agency with hazardous materials at the Arsenal to pay for the cost of cleanup. (Sec. 10314) Directs the Secretary of Agriculture to establish the Prairie on the date of transfer of portions of the Arsenal to be managed for National Forest Service purposes. Authorizes the Secretary of Agriculture to cooperate with appropriate Federal, State, and local governments, private organizations, and corporations in the management of the Prairie. (Sec. 10315) Prohibits the construction of roads through the Prairie. Specifies terms and conditions for special use authorizations for agricultural purposes. Authorizes the Secretary of Agriculture to charge user fees and to waive such fees for certain individuals. (Sec. 10316) Provides special disposal rules for certain land parcels at the Arsenal. Chapter 3: Other Real Property Disposals Involving Joliet Army Ammunition Plant - Directs the Secretary of the Army to transfer certain land parcels at the Arsenal to the Secretary of Veterans Affairs for use as a national cemetery. (Sec. 10322) Directs the Secretary of the Army to transfer a portion of the Arsenal to Will County, Illinois, for use as a landfill. Permits the United States to maintain a reversionary interest in the property for a five-year period, to be exercised if the County fails to meet the transfer conditions. (Sec. 10323) Directs the Secretary of the Army to transfer a portion of land at the Arsenal to the State of Illinois for economic redevelopment purposes. Conditions the receipt of the land upon the Illinois Governor establishing a redevelopment authority to oversee the economic development. Permits the United States to retain a 20- year reversionary interest in such land. Chapter 4: Miscellaneous Provisions - Provides that this subtitle does not alter any requirements to be carried out in compliance with existing environmental laws. Subtitle D: Miscellaneous Provisions - Extends through FY 2002 the current tonnage duties imposed upon foreign vessels entering into U.S. ports. (Sec. 10402) Directs the Administrator of General Services to: (1) sell all U.S. rights and interest to the land and related improvements at Governors Island, New York; (2) sell the air rights to the land adjacent to Union Station in Washington, D.C.; and (3) issue regulations requiring each executive agency to collect fees for the use of all parking facilities provided for such agency at Federal expense. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Extension of Temporary Authorities - Extends through FY 2002: (1) the requirement that non- service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs (Department, for purposes of this title); (2) the authority for collection of a $2 copayment from veterans earning above a minimum income level for prescription medication furnished for outpatient treatment of a non-service- connected condition; (3) certain Department veterans' medical care cost recovery authority; (4) the authority under Federal veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs-based benefits; (5) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and surviving spouses who have no dependents and who are in Medicaid-participating nursing homes; (6) the authority of the Secretary of Veterans Affairs to charge and collect a home loan fee for housing loans which are guaranteed by the Department; and (7) the procedures applicable upon the default of such guaranteed loans. Subtitle B: Other Matters - Increases from $2 to $3 the prescription drug copayment required from certain veterans. Terminates the authority of the Secretary to waive such copayments or the collection of any indebtedness for failure to make such copayments. (Sec. 11022) Directs the Secretary, as of December 1, 1995, to round out to the next lower whole dollar any cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates. Prohibits any such rates from being increased during FY 1997 through 2002 by a percentage which is more than the percentage increase for benefits under title II (Old age, survivors and disability insurance) of the Social Security Act. (Sec. 11023) Revises the Government's liability standard for injuries or death resulting from Department treatment to allow compensation to be awarded for the additional disability in the same manner as if the disability or death were service-connected. Provides proximate cause requirements. (Sec. 11024) Extends through FY 1996 (currently, December 31, 1995) the authority of the Secretary to guarantee the real estate mortgage investment conduits used to market pools of veterans' loans. (Sec. 11025) Authorizes the Department to collect veterans' home loan guaranty debts in the same manner as all other debts arising under Department programs. Requires the Department to provide affected individuals with notice and an opportunity to seek a waiver, or challenge the validity, of such debt before collection. Subtitle C: Health Care Eligibility Reform - Revises provisions concerning a veteran's eligibility for hospital care and medical services to: (1) allow such care to be provided only to the extent that amounts for such care and services are provided in advance in appropriations Acts; (2) provide full eligibility for both hospital and outpatient care for service-disabled veterans, low-income veterans, former prisoners of war, and veterans of World War I; and (3) provide such eligibility for veterans who were exposed to a toxic substance, radiation, or environmental hazard during the performance of duty. (Sec. 11032) Extends through December 31, 1998, the authority to provide priority hospital care and medical services for certain Persian Gulf veterans. (Sec. 11033) Makes certain veterans eligible for prosthetic devices as long as they are receiving ongoing care through the Department. (Currently, hospitalization is required before such veterans are so eligible.) (Sec. 11034) Directs the Secretary, in managing the provision of hospital care and medical services, to establish and operate a system of annual patient enrollment, with specified patient priorities. Requires the system to be managed to assure the provision to enrollees of timely and quality care. Requires the Secretary to establish and manage Department health care programs in a manner which promotes cost-effective delivery of health care services in the most clinically appropriate setting. Requires the Department to maintain its capacity to provide for the specialized needs of certain disabled veterans, while not reducing its current capacity to provide services to other veterans. (Sec. 11035) Amends the Veterans Health Care Act of 1992 to repeal a provision which terminates the authority of the Secretary to enter into health care resource sharing agreements with the Department of Defense on October 1, 1996. Entitles the United States to recover from primary insurance providers the cost of care or services provided under such Act through a Department medical facility. (Sec. 11036) Repeals a statement of congressional purpose with respect to the Department's sharing of specialized medical facilities, equipment, and information. Expands such sharing to include all health care resources and to allow health care providers, plans, or insurers or other entities or individuals to participate in such sharing arrangements. Increases the authorized payment terms with respect to shared resources. (Currently, only reciprocal reimbursement is permitted.) Allows the Secretary to enter into such arrangements for the treatment of non-veterans only in limited circumstances. (Sec. 11037) Exempts from Department medical personnel limitations all positions held by persons involved in providing health-care resources under sharing agreements. Title XII: Trade - Subtitle A: Technical Corrections and Miscellaneous Trade Provisions - Amends the Tariff Act of 1930 to require that interest on claims be accrued from the date of such claim for the reliquidation (refund) of excess duties paid on entries of North American Free Trade (NAFTA) products. (Sec. 12002) Amends Federal customs law to repeal the requirement that certain vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits. Requires the Secretary of the Treasury to enter into contracts with collection services to recoup expenses associated with recovering indebtedness owed to the Government under the customs laws. (Sec. 12003) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require certain customs fees charged against merchandise imported from a foreign trade zone to be applied only to the value of the privileged or nonprivileged part of such merchandise. Declares that the similar application of such customs fees to imported U.S. agricultural products processed and packed in a foreign trade zone shall be effective to entries made on or after certain dates. (Sec. 12005) Amends the Caribbean Basin Economic Recovery Act and the Andean Trade Preference Act to declare that duty reductions for certain leather-related products shall not apply to textile and apparel articles subject to textile agreements. (Sec. 12007) Amends the Tariff Act of 1930 to authorize the United States Customs Service to extend the time for filing a drawback (refund) claim for duties for up to 18 months (one year if a major disaster occurs) if certain conditions are met. (Sec. 12008) Directs the Customs Service to provide for the liquidation or reliquidation (refund) of certain entries made at New York, New York, in accordance with the results of an administrative review, during the period from May 1, 1984, through March 31, 1985, by the International Trade Administration of the Department of Commerce (case number A-580-008). (Sec. 12009) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through February 1, 1999, of the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1988 Goodwill Games. (Sec. 12012) Provides for the electronic transmission of data to the U.S. Customs Service with respect to the duty-free treatment of imported civil aircraft pursuant to the Agreement on Trade in Civil Aircraft. (Sec. 12013) Amends the Customs and Trade Act of 1990 to extend, through December 31, 1994, the temporary exemption from duty of the cost of certain foreign repairs made to U.S. vessels. (Sec. 12014) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise the prohibition against the charging of fees for certain customs services to include services provided in connection with the arrival of any passenger on board a commercial vessel traveling only between ports which are within the customs territory of the United States. Declares that such exemption shall not apply in the case of the arrival of any passenger on board a commercial vessel whose journey originates and terminates at the same place in the United States if there are no intervening stops. Requires that passengers on commercial vessels making a single voyage involving two or more U.S. ports be charged a fee only once. (Sec. 12016) Amends the Tariff Act of 1930 to provide that certain marking requirements with respect to imported articles and containers shall not apply to: (1) certain metal forgings and hand tools made from such forgings; (2) certain coffee and tea products; and (3) spice products. (Sec. 12017) Directs the Secretary of the Treasury to liquidate or reliquidate as duty-free a certain entry of warp knitting machines. Requires a refund of duties and interest paid with respect to such entry. (Sec. 12018) Amends the Trade Act of 1974 to require the United States Trade Representative to identify trade liberalization priorities annually from calendar years 1996 through 2000. Subtitle B: Generalized System of Preferences - GSP Renewal Act of 1995 - Amends the Trade Act of 1974 with respect to the Generalized System of Preferences (GSP). Authorizes the President to designate a country as a least-developed beneficiary developing country for extension of trade preferences under the GSP. (Sec. 12102) Makes Austria, Finland, and Sweden eligible for designation as a beneficiary developing country. Declares that, for purposes of designating a beneficiary developing country, a country may be found to not provide protection of intellectual property rights, notwithstanding the fact that it may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the Uruguay Round Agreements Act. Authorizes the President to withdraw or suspend duty-free treatment for the products of a country based on consideration of specified factors and comments received from the public. Requires the President to: (1) withdraw or suspend the designation of a country as a beneficiary developing country if it is determined that changed circumstances would bar its designation as a beneficiary developing country; and (2) terminate the designation of a country as a beneficiary developing country if he or she determines that such country has become a "high income" country. Requires the President to notify the Congress before designating or terminating a country as a beneficiary developing country. Revises requirements for the designation of articles as eligible for preferential treatment. Authorizes the President to designate additional articles as eligible articles for countries designated as least-developed beneficiary developing countries if, after receiving advice from the International Trade Commission, it is determined that such articles are not import-sensitive. Prohibits an article that has been denied designation as an eligible article from being reconsidered for such designation for a three year period. Prohibits, with respect to the President's withdrawing, suspending, or limiting the duty-free treatment of an eligible article, the establishment of a duty rate for such article other than the rate which would apply but for this Act. Requires the President to terminate the duty-free treatment for an article from a beneficiary developing country (except least-developed beneficiary developing countries) whenever it is determined that such country has exported, directly or indirectly, to the United States during any calendar year a quantity of an eligible article: (1) having an appraised value in excess of $75 million (increased by $5 million on January 1 each calendar year after 1995); or (2) equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during the calendar year. Authorizes waiver of such competitive need limitation in the national economic interest if any U.S. industry is unlikely to be adversely affected by it. Prohibits any action under this Act from affecting any tariff duty imposed by the Legislature of Puerto Rico under the Tariff Act of 1930 on coffee imported into Puerto Rico. Requires the President to report to the Congress on: (1) the operation of this Act; and (2) the status of internationally recognized worker rights within each beneficiary developing country. (Sec. 12103) Directs the Secretary of the Treasury to liquidate or reliquidate and refund any duties that were paid on any entry: (1) of any article to which duty-free treatment under the GSP of the Trade Act of 1974 would have applied if such entry had been made on July 31, 1995; and (2) that was made after July 31, 1995, and before enactment of this Act. Requires buffalo leather from Thailand that is entered into the United States under certain entry numbers to be liquidated or reliquidated as if entered on June 30, 1995. Subtitle C: Trade Adjustment Assistance - Amends the Trade Act of 1974 to revise worker training requirements with respect to the payment of trade adjustment assistance to adversely affected workers. Repeals limitations on additional payments of trade readjustment allowances to workers during training periods. (Sec. 12201) Repeals the authority for relocation allowances to adversely affected workers. Extends through FY 2000: (1) the trade adjustment assistance program; and (2) authorization of appropriations for such program. Title XIII: Committee on Ways and Means-Revenue Reconciliation - Revenue Reconciliation Act of 1995 - Subtitle A: Extension of Expiring Provisions, Etc. - Part 1: Extensions Through December 31, 1997 - Amends the Internal Revenue Code to extend through December 31, 1997, the: (1) targeted jobs credit; (2) exclusion from gross income of an employee of employer provided educational assistance; (3) credit for increasing research activities; (4) special rule concerning charitable contributions of stock for which market quotations are readily available; and (5) credit for the clinical testing expenses of certain drugs for rare diseases or conditions. Makes additional revisions to provisions concerning the subjects of clauses one, two, and three. Part 2: Permanent Extension of FUTA Exemption for Alien Agricultural Workers - Extends permanently the Federal Unemployment Tax Act exemption for alien agricultural workers. Part 3: Commercial Aviation Fuel - Delays for two years, until September 30, 1997, the scheduled increase in the tax on fuel used in commercial aviation. Imposes a floor stocks tax, subject to stated exceptions, on such fuel held on October 1, 1997. Requires a study of the Federal excise tax burden on each of the various modes of transportation. Part 4: Extension of Airport and Airway Trust Fund Excise Taxes - Extends until September 30, 1996, the current Airport and Airway Trust Fund excise taxes. Subtitle B: Medical Savings Accounts - Permits a deduction for both itemizers and nonitemizers of up to the lesser of $2,500 (for an individual) or the deductible under a catastrophic health plan for amounts paid into a medical savings account. Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 - Part 1: Taxpayer Advocate - Establishes in the Internal Revenue Service the Office of the Taxpayer Advocate which shall assist taxpayers in resolving problems with the IRS. Part 2: Modifications to Installment Agreement Provisions - Requires that a taxpayer be given 30 days notice and an explanation of the reasons for modifying or terminating an installment agreement. Directs the Secretary of the Treasury to establish procedures for the independent review, for taxpayers requesting such a review, of such terminations. Part 3: Abatement of Interest and Penalties - Expands the authority of the IRS to abate assessments of interest to include delays caused by a managerial act or an unreasonable error. Grants the Tax Court jurisdiction to determine if the failure of the IRS to abate interest was an abuse of discretion. Part 4: Joint Returns - Directs the Secretary to conduct specified studies of joint return-related issues. Part 5: Collection Activities - Permits the Secretary to withdraw a notice of a lien if: (1) the notice was premature; (2) the taxpayer agrees to pay in installments; (3) withdrawal will facilitate collection; or (4) the withdrawal would be in the best interests of the United States. Increases from $1,650 to $2,500 the amount of personal property that is exempt from levy. Increases from $500 to $100,000 the offers-in-compromise amount for which a written opinion is required from the Office of Chief Counsel. Part 6: Information Returns - Permits an individual who has had an information return which was fraudulently filed in his or her name by another to bring a civil action against such other person. Part 7: Awarding of Costs and Certain Fees - Places the burden of proof on the IRS to establish that it was substantially justified in charging a taxpayer with a deficiency. Raises the amount of attorney's fees recoverable per hour by the prevailing party. Part 8: Modification to Recovery of Civil Damages for Unauthorized Collection Actions - Increases the limit from $100,000 to $1,000,000 on the recovery available for unauthorized IRS collection activities. Part 9: Modifications to Penalty for Failure to Collect and Pay Over Tax - Requires the IRS to issue a notice in writing, with respect to the failure to collect and pay an over tax, to a taxpayer at least 60 days in advance of any demand for a penalty. Requires the IRS, where there is more than one responsible party subject to such penalty, to disclose the name, to one responsible party, of any other responsible party. Exempts volunteer members of tax-exempt organizations from penalty for failure to collect and pay over tax. Part 10: Modifications of Rules Relating to Summonses - Includes any enrolled agent as a third-party recordkeeper with respect to the special procedures for the issuance of summonses. Part 11: Relief from Retroactive Application of Treasury Department Regulations - Provides generally, with exceptions, that no temporary, proposed, or final regulation to the tax code shall apply before its publication in the Federal Register or the date on which any notice substantially describing the expected contents of any such regulation is issued to the public. Part 12: Miscellaneous Provisions - Requires a report on a pilot program for appeal of enforcement actions. Amends the Anti-Drug Abuse Act of 1998, as well as the Internal Revenue Code, to extend for five years the authority for certain undercover operations. Allows a credit of up to $6,000 for qualified expenses in connection with an audit under the Tax Compliance Measurement Program. Subtitle D: Additional Technical Corrections - Makes corrections to the following Acts: (1) the Technical and Miscellaneous Revenue Act of 1988; (2) the Tax Reform Act of 1986; (3) the Revenue reconciliation Act of 1990; (4) the Deficit reduction act of 1984. Sets forth rules concerning the treatment of certain veterans' reemployment rights for veterans who return to civilian service following military service. Subtitle E: Tax Information Sharing - Extends the authority to disclose certain return information to the Department of Veterans Affairs. Subtitle F: Revenue Increases - Part 1: Provisions Relating to Businesses - Provides, with respect to a corporate shareholder's basis in stock reduced by the nontaxed portion of extraordinary dividends, that if the nontaxed portion of such dividend exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. Requires the organizer of a corporate tax shelter to register the shelter. Sets forth penalties for failure to file. Prohibits a deduction for interest paid on life insurance policies or annuities which cover a company officer or employee. Repeals the Puerto Rico and possessions tax credit for years beginning after December 31, 1995. Revises provisions concerning: (1) the income forecast method of determining depreciation deductions; and (2) transfers of excess pension assets to retiree health accounts. Part 2: Legal Reforms - Specifies that the exclusion from income of damages for personal injuries or sickness does not include punitive damages. Part 3: Treatment of Individuals Who Lose United States Citizenship - Revises provisions concerning expatriation to avoid taxes, including the following changes: (1) applies the provisions to certain long-term residents; (2) permits the Secretary to expand the ten year taxation period to fifteen years; (3) increases the categories of income treated as U.S. source income; (4) giving credit for foreign taxes imposed on U.S. source income; and (5) requiring the filing of certain information by expatriates. Revises the comparable estate and gift tax provisions. Part 4: Reforms Relating to Energy Provisions - Requires wind and closed-loop biomass energy facilities to be placed in service before September 14, 1995, in order to receive a tax credit. Denies a credit for alcohol used to produce ether. Limits the alcohol that is eligible for credit for alcohol used as fuel. Revises provisions concerning energy conservation subsidies provided by public utilities. Part 5: Reforms Relating to Nonrecognition Provisions - Revises provisions concerning the involuntary conversion of property into either similar property or money. Prohibits the nonrecognition of gain on the sale of a principal residence: (1) which is attributable to depreciation adjustments; or (2) unless the replacement property is located in the U.S. Part 6: Reforms Relating to Gambling Activities - Subjects to the tax on unrelated business income of charitable organizations income earned by an Indian tribe as a result of any class II or III gaming activity. Requires withholding from winnings of $5,000 or more from bingo or keno. Part 7: Other Reforms - Terminates the low-income housing credit after December 31, 1997. Repeals the: (1) credit for contributions to a community development corporation; (2) credit for purchasers of diesel-powered automobiles and light trucks; and (3) the provision which provides for the exclusion from income of rent from the rental of a vacation home for less than 15 days. Permits any qualified student loan funding corporation to end its status as a qualified scholarship funding corporation. Permits the interest on such a corporation's bond to remain tax-exempt if specified conditions are met. Part 8: Excise Tax on Amounts of Private Excess Benefits - Imposes a 25 percent tax (which shall be paid by the disqualified person) on any transaction from which an economic benefit is provided by a tax-exempt organization directly or indirectly to a disqualified person, if the value of the benefit provided exceeds the value of the consideration. Sets forth additional reporting requirements for 501(c)(3) organizations. Requires an exempt organization to make available a copy of its return. Requires any solicitation of an organization that refers to itself as nonprofit, when it is not exempt from tax, to contain an express statement that it is not exempt from tax. Imposes a penalty for failure to disclose. Subtitle G: Reform of the Earned Income Tax Credit - Repeals the earned income credit for individuals without children. Increases the phaseout rates. Includes in adjusted gross income the following nontaxable items, not previously included, for purposes of determining eligibility for the credit: (1) pension, annuity, and individual retirement plan income; and (2) social security benefits. Denies the credit to individuals not authorized to be in the U.S. Subtitle H: Increase in Public Debt Limit - Increases the statutory limit on the public debt. Subtitle I: Coal Industry Retiree Health Equity - Repeals the reachback provisions of the coal industry's health benefit system. Title XIV: Committee on Ways and Means: Tax Simplification - Tax Simplification Act of 1995 - Subtitle A: Provisions Relating to Individuals - Part 1: Provisions Relating to Rollover of Gain on Sale of Principal Residence - Allows gain to be rolled over from one residence to another in the order the residences are purchased and used, regardless of reasons for the sale of the old residence. Sets forth a two-year residence rule for taxpayers who sell a residence pursuant to a divorce or marital separation for purposes of determining the rollover of gain on the sale of a principal residence. Part 2: Other Provisions - Permits the payment of taxes by any commercially acceptable means deemed appropriate by the Secretary. Establishes a foreign tax credit limitation for individuals whose gross income is from sources outside the United States, consists entirely of qualified passive income, and the amount of creditable foreign taxes does not exceed $200. Excludes certain personal transactions from foreign currency rules. Provides that the amount allowed as a deduction to rural mail carriers for the business expense of a vehicle shall be equal to qualified reimbursements. Amends the Technical and Miscellaneous Revenue Act of 1988 to repeal the rule on the business use of automobiles by rural mail carriers. Limits the exclusion of combat pay from withholding to the amount excludable from gross income. Subtitle B: Pension Simplification - Part 1: Simplified Distribution Rules - Repeals: (1) the $5,000 the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions. Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. Part 2: Increased Access to Pension Plans - Modifies certain simplified employee pensions with respect to allowable participants and participation requirements. Allows local governments and tax-exempt organizations to maintain cash or deferred arrangements. Part 3: Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner or who has compensation from the employer in excess of $80,000. Repeals the family aggregation rules. Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. Modifies the present nondiscrimination test applicable to simplified employee pension plans to provide that the average deferral percentage for nonhighly compensated employees for the preceding year is to be used. Part 4: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Establishes a contribution limit for owner-employees of retirement plans. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59 and one-half. Modifies the treatment of governmental plans with respect to limits on contributions and benefits. Makes the social security retirement age the uniform retirement age for purposes of discrimination testing. Makes uniform the penalty provisions applicable to certain pension reporting requirements. Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. Amends the Uruguay Round Agreements Act to provide a transition rule for computing maximum benefits for qualified plans. Permits a participant and, if applicable, the participant's spouse to waive the minimum period for the joint and survivor annuity explanation before the annuity starting date. Repeals the combined limit for participants in both a defined contribution plan and a defined benefit plan maintained by the same employer. Subtitle C: Treatment of Large Partnerships - Part 1: General Provisions - Establishes special rules for large partnerships (250 or more partners) with respect to: (1) determining the income tax of a partner; (2) computing the taxable income of a large partnership; and (3) treatment of contributed property. Provides that a large partnership does not include one where: (1) substantially all of the activities involve the performance of personal services by individuals owning interests in such partnerships; or (2) 25 percent or more of partnership assets consist of oil or gas properties. Establishes simplified audit procedures for large partnerships. Requires a partner's return to be consistent with the partnership return. Allows partnerships to take adjustments into account through an imputed underpayment procedure or a flow-through-to-partners procedure. Authorizes and directs the Secretary to make adjustments at the partnership level in any partnership item to the extent necessary to have such item treated in the manner required, after notifying the partnership of such adjustment through certified or registered mail. Specifies certain restrictions on such adjustments. Provides for judicial review of such adjustment with the Tax Court, the appropriate district court, or the Court of Federal Claims. Prohibits any adjustments from being made three years after the later of the date on which the return was filed, or the last day for filing such return, except in specified cases. Allows a partnership to file a request for an administrative adjustment of partnership items during such time periods and provides for judicial review where such request is not allowed in full. Requires large partnerships to furnish information returns to partners by the first March 15 following the close of the partnership's tax year. Authorizes the Secretary to require large partnerships, or any other partnership with 250 or more partners, to file their returns on magnetic media. Part II: Provisions Related to Certain Partnership Proceedings - Revises and sets forth new provisions relating to partnership proceedings. Provides for a declaratory judgment procedure in the Tax Court for treatment of non-partnership items with respect to an oversheltered return. Describes an oversheltered return as one which above no taxable income and a net loss from partnership items. Provides for the partnership return to be determinative of the audit procedure to be followed. Suspends the period of limitations for making assessments for a partner who is named in a bankruptcy petition. Provides a special rule for a tax matters partner in bankruptcy. Permits a small partnership to have a C corporation as a partner. Excludes a partial settlement agreement from the one-year limitation on assessment. Provides that if a TEFRA statute extension agreement is entered into, that agreement also extends the statute of limitations for filing refund claims until six months after the expiration of the limitations period for assessments. Provides a prepayment forum and a refund forum for raising the innocent spouse defense in TEFRA cases. Provides that partnership level proceedings include a determination of the applicability of penalties at the partnership level. Allows partners to raise any partner-level defenses in a refund forum. Specifies that an action to enjoin premature assessments of deficiencies attributable to partnership items may be brought in the Tax Court. Permits a party to appear before a court for the sole purpose of asserting that the period of limitations for assessing any tax attributable to partnership items has expired for that person. Provides for the treatment of premature petitions filed by notice partners or five-percent groups. Provides that the amount of the bond to stay assessment and collection should be based on the Tax Court's estimate of the aggregate liability of the parties to the action (and not all of the partners in the partners in the partnership). Suspends interest where there is a delay in computational adjustment resulting from TEFRA settlements. Grants a partner seven years (in lieu of three years) to request an administrative adjustment with respect to bad debts or worthless securities. Subtitle D: Foreign Provisions - Part 1: Modifications to Treatment of Passive Foreign Corporations - Modifies passive foreign investment company provisions and allows a mark-to-market election by a shareholder of such company. Provides, in general, that a corporation shall not be treated with respect to a shareholder as a passive foreign investment company during the qualified portion of such shareholder's holding period with respect to stock in such corporation. Provides, in general, that in the case of marketable stock in a passive foreign investment company which is owned by a U.S. person such person may elect: (1) if the fair market value of such stock exceeds its adjusted basis, to include in gross income an amount equal to the amount of such excess; or (2) if the adjusted basis of such stock exceeds the fair market value of such stock, a deduction equal to the lesser of the amount of the excess or the unreserved inclusions with respect to such stock. Modifies the definition of passive income. Part 2: Treatment of Controlled Foreign Corporations - Provides that if a controlled foreign corporation sells or exchanges stocks in other foreign corporations, then gain recognized on such sale or exchange shall be included in the gross income of such corporation as a dividend to the same extent that it would have been included if such corporation were a U.S. person. Revises provisions concerning: (1) determining pro rata share of gain from certain sales or exchanges of stock in certain foreign corporations; (2) basis adjustments in stock held by lower-tier foreign corporations; (3) determination of previously taxed income in redemptions through use of related corporations; and (4) treatment of branch profits tax exemptions or reductions. Extends the application of the indirect foreign tax credit to certain controlled corporations below the third tier. Repeals Code provisions concerning earnings invested in excess passive assets. Part 3: Other Provisions - Establishes new rules for the translation of certain accrued foreign taxes. Modifies present rules for translating all other foreign taxes. Permits the use of the simplified limitation on the foreign tax credit in determining the alternative minimum tax foreign tax credit. Modifies the excise tax on outbound transfers to avoid income tax. Increases from five to ten percent the threshold for the information reporting by U.S. persons of their ownership of stock in a foreign corporation. Provides for the treatment of a prize or award received by a nonresident alien by reason of participating in an amateur sports competition in the U.S. Subtitle E: Other Income Tax Provisions - Part 1: Provisions Relating to S Corporations - Increases from 35 to 75 the number of eligible S corporation shareholders. Permits an electing small business trust to be a shareholder of an S corporation. Defines electing small business trust. Expands from 60 days to two years the post-death holding period for testamentary trusts in an S corporation. Expands the definition of "post-termination transition period" to include the 120 day period beginning on the date of any determination pursuant to an audit which follows the termination of the corporation's election and which adjusts a subchapter S item of income, loss, or deduction arising during the S period. Permits an S corporation to be a member of an affiliated group, thus permitting it to own the stock of a C corporation. Provides that adjustments for distributions by an S corporation during a taxable year are taken into account before applying the loss limitation for a year. Provides that if: (1) a corporation was an electing small business corporation for any taxable year beginning before January 1, 1983; and (2) such corporation is an S corporation for its first taxable year beginning after December 31, 1995, the amount of such corporation's accumulated earnings and profits (as of the beginning of such first taxable year) shall be reduced by an amount equal to the portion (if any) of such accumulated earnings and profits which were accumulated in any taxable year beginning before January 1, 1983, for which such corporation was an electing small business corporation under subchapter S. Permits the carryover of disallowed losses and deductions under the at-risk rules. Part 2: Provisions Relating to Regulated Investment Companies - Repeals the requirement that less than 30 percent of the gross income of a regulated investment company be derived from the sale or disposition of any of the following which were held for less than three months: (1) stocks or securities; or (2) options, futures, or forward contracts (other than those on foreign currencies). Part 3: Provisions Relating to Real Estate Investment Trusts - Revises provisions concerning the requirements for, and the taxation of, a REIT (real estate investment trust) including: (1) rules relating to the determination of ownership (requires compliance with specified regulations and sets penalties for noncompliance); (2) compliance with closely held prohibition provisions (factors in knowledge of being closely held; (3) definition of rents from real property (excludes and defines impermissible tenant service income); (4) the taxation of capital gains (requires shareholders to include such long-term gains as the trust designates); (5) repealing the 30 percent gross income requirement concerning income derived from the sale of stock and other property; (6) lengthening the grace period with respect to foreclosed property; (7) treating income from all hedges that reduce the interest rate risks as qualifying income; (8) revising safe harbor provisions; and (9) permitting a 100 percent REIT-owned corporation to qualify as a subsidiary, regardless of whether it was always owned by the REIT. Part 4: Accounting Provisions - Revises the look-back method for long-term contracts and provides that for purposes of such method, only one rate of interest is to apply for each accrual period. Permits a securities trader to use the mark to market accounting method. Modifies special rules concerning: (1)nuclear decommissioning costs; and (2) crop insurance proceeds and disaster payments. Permits partnerships and S corporations to use a fiscal year on the condition that quarterly payments are made. Sets a quarterly underpayment penalty. Part 5: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception if the spending requirements of that exception are otherwise satisfied. Repeals the debt service-based limitation on investment in certain nonpurpose investments. Repeals certain expired provisions. Part 6: Insurance Provisions - Provides for the treatment of life insurance variable contracts on retired lives and sets forth special rules for modified guaranteed contracts. Part 7: Other Provisions - Provides that the taxable year of a partnership closes with respect to a partner whose entire interest in the partnership terminates, whether by death, liquidation, or otherwise. Makes the employer FICA credit for employee tips available whether or not the employee reported such income. Revises provisions concerning: (1) the due date for first quarter estimated tax payments by foundations; and (2) the treatment of dues paid to agricultural or horticultural organizations. Subtitle F: Estates and Trusts - Part 1: Income Tax Provisions - Provides an irrevocable election to treat certain revocable trusts as part of the estate. Makes the separate share rules available to estates. Limits the taxable year of an estate to a year ending on October 31, November 30, or December 31. Repeals certain throwback rules applicable to domestic trusts. Provides for the treatment of, as well as defines, a qualified funeral trust. Part 2: Estate and Gift Tax Provisions - Allows the right of recovery with respect to qualified terminable interest property to be waived in a will only by specific reference. Provides that a transfer from a revocable trust within three years of death does not result in the inclusion of the transfer in the gross estate. Revises the qualified terminable interest rules with respect to a trust and the marital deduction. Provides that a trust created before the enactment of the Revenue Reconciliation Act of 1990 is treated as satisfying the withholding requirement if its trust instrument require that all trustees be U.S. citizens or domestic corporations. Directs the Secretary to prescribe procedures which provide that executors will have the opportunity to submit subsequent information on a recapture agreement in the filing of an estate tax return. Increases the unified credit of a decedent by the unified credit of a spouse used on a split gift included in the decedent's gross estate. Permits the marital deduction with respect to a defective power of appointment or qualified terminable interest property trust, if there is a qualified reformation of the rust to correct the defect. Prohibits the revaluation of a gift for which the statute of limitations period has passed for purposes of determining the estate tax bracket and the unified credit. Defines trust for the purposes of a qualified domestic trust to include, to the extent provided in regulations prescribed by the Secretary, other arrangements having substantially the same effect as a trust. Part 3: Generation-Skipping Tax Provisions - Provides that if a trust holding property having an inclusion ratio of greater than zero is severed in a qualified severance, at the election of the trustee of such trust, the trusts resulting from such severance shall be treated as separate trusts for purposes of the tax on generation- skipping transfers. Excludes from the definition of taxable termination a direct skip. Sets forth a special rule for persons with a deceased parent for purposes of the generation-skipping transfer tax. Subtitle G: Excise Tax Simplification - Part 1: Provisions Related to Distilled Spirits, Wines, and Beer - Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. Permits records of exportation to be maintained by the exporter for purposes of canceling or crediting bonds furnished when distilled spirits are removed from bonded premises. Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. Allows beer to be transferred without payment of tax from a brewery to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. Repeals the requirement that wine returned to bonded premises be unmerchantable in order for tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more. Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. Allows beer to be removed from a brewery without payment of tax for purposes of destruction. Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. Part 2: Consolidation of Taxes on Aviation Gasoline - Provides for the imposition of entire the aviation gasoline excise tax upon removal from a terminal facility. Part 3: Other Excise Tax Provisions - Authorizes the exemption from registration requirements of certain tax-free sales. Provides certain activities, including the removal of a fifth wheel, will not constitute manufacture with respect to the retail sales tax for a truck or tractor chassis. Repeals expired provisions concerning piggy-back trailers and deep seabed mining. Subtitle H: Administrative Provisions - Part 1: General Provisions - Repeals the authority to disclosure whether a prospective juror has been audited. Provides an explanation of the statute of limitations with respects to the return of a taxpayer. Allows corporations to disregard any letter or notice of assessment or proposed assessment of tax if the deficiency or proposed deficiency is less than $100,000. Permits any Commonwealth to provide for income tax withholding for Federal employees. Part 2: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. Provides that a taxpayer who seeks an award of administrative costs must apply for such costs with 90 days of the date on which the taxpayer was determined to be a prevailing party. Provides that a taxpayer who appeals a denial of administrative costs must petition the Tax Court within 90 days after the date that the IRS mails the denial notice. Provides that a taxpayer must file a motion (rather than a petition) to seek a redetermination of interest in the Tax Court. Provides that the net worth limitations applicable to individuals also apply to estates and trusts. Provides that individuals who file a joint tax return shall be treated as one individual for purposes of computing the net worth limitations. Part 3: Authority for Certain Cooperative Agreements - Authorizes the Secretary to enter into cooperative agreements with State tax authorities for purposes of enhancing joint tax administration. Title XV: Preserving, Protecting, and Strengthening Medicare - States that H.R. 2425 as passed by the U.S. House of Representatives (Medicare Preservation Act of 1995) is hereby enacted into law. Title XVI: Transformation of the Medicaid Program - Medicaid Transformation Act of 1995 - Amends the Social Security Act (SSA) to: (1) add a new title XXI (MediGrant Program for Low-Income Individuals and Families); and (2) terminate the current Medicaid program, which the new MediGrant program shall replace. Gives such new program the stated purpose of providing block grants to States to enable them to provide medical assistance to certain eligible low-income individuals and families in a more effective, efficient, and responsive manner. Prescribes general requirements for State Medigrant plans containing certain State-developed strategic objectives and performance goals. Prohibits coverage denials on the basis of a preexisting condition. (Sec. 1601) Outlines major program components, which include: (1) a separate fraud prevention program along with State Medigrant fraud control units; (2) a Medigrant Task Force and associated advisory group with specified duties; (3) funding set-asides for certain targeted population groups, including low-income families, low-income elderly and low-income-disabled, with specified uses for residual funds; (4) payment limitations and prohibitions with regard to abortions and euthanasia services, respectively; (5) State MediGrant fraud control units; (6) quality assurance standards for and certification of certain nursing facilities; and (7) a master manufacturer rebate program with regard to covered outpatient drugs (including extra rebates for single source drugs and innovator multiple source drugs). Places limitations on coverage of drugs by States participating in an agreement under such program. Declares that nothing in the new title XXI shall be construed as: (1) creating an entitlement under Federal law in any individual or category of individuals for medical assistance under a MediGrant plan; or (2) making requirements for a State with respect to benefits, provider payments, geographical coverage area, or selection of providers. Declares that no person shall have a cause of action under Federal law against a State in relation to a State's compliance (or failure to comply) with the provisions of this title or of a MediGrant plan. Sets forth various miscellaneous provisions, including those regarding plan administration with advisory committee assistance with regard to plan development, revision, and evaluation and for the submittal and approval of plan amendments. Details premium and cost- sharing under the new program. Provides additional payment exclusions for nonemergency medical services for unlawful aliens. Requires annual plan audits under the program. Mandates State enactment of certain described laws with regard to medical child support for States with an approved MediGrant plan. Details the process for States to withdraw from the new MediGrant program. Provides sanctions for substantial noncompliance by a plan with the requirements of this title. Terminates the current Medicare program for the distribution of pediatric vaccines. Title XVII: Abolishment of Department of Commerce - Department of Commerce Dismantling Act - Subtitle A: Abolishment of Department of Commerce - Abolishes the Department of Commerce (DOC) as of September 30, 1996, (or six months after enactment of this Act, whichever is earlier), and transfers its functions and employees to the Office of Management and Budget (OMB). (Sec. 17103) Declares that the Director of OMB, through the Office of Programs Resolution, shall be responsible for the administration and wind-up of any outstanding affairs of the DOC. (Sec. 17104) Establishes the Office of Programs Resolution in the OMB. (Sec. 17109) Directs the OMB to privatize each DOC function transferred to it that is designated for privatization under subtitle B. (Sec. 17110) Amends Federal law to require each affected agency to establish an agencywide priority placement program to facilitate employment placement for employees separated from service due to a reduction in force (RIF) resulting from this Act. (Sec. 17111) Limits annual expenditures for any function transferred but not terminated by this Act to 75 percent of FY 1995 expenditures. Subtitle B: Disposition of Various Programs, Functions, and Agencies of Department of Commerce - Amends the Public Works and Economic Development Act of 1965 to abolish the Economic Development Administration of the DOC and transfer its functions to the Administrator of the Small Business Administration (SBA). (Sec. 17201) Authorizes the Administrator (currently, the Secretary of Commerce) to make direct and supplementary grants to States and other entities for public works and development facilities projects. Authorizes the Administrator to provide special economic development and adjustment assistance through grants to help State and local areas meet special needs arising from actual or threatened severe unemployment arising from economic dislocation (including defense base closures and realignments) and economic adjustment problems resulting from severe economic conditions. Authorizes the Administrator also to provide technical assistance, market research, and information to alleviate conditions of excessive unemployment or underemployment to areas with a substantial need. Authorizes the Administrator to make direct grants to States, cities, or other political subdivisions, or sub-State planning and development organizations to pay up to 50 percent of the cost for economic development planning. Sets forth eligibility requirements for such assistance, including submission of an investment strategy by eligible recipients. Authorizes the Administrator to designate economic development districts and economic development centers for economic development assistance provided certain criteria are met. Sets forth administrative provisions. Authorizes appropriations. Directs the Comptroller General to submit to the Congress a plan for consolidating Federal economic development programs. (Sec. 17202) Terminates the Technology Administration and the Office of Technology Policy. Renames the National Institute of Standards and Technology the National Bureau of Standards, and transfers it to the National Institute for Science and Technology (NIST) established by this Act. Transfers all functions of the National Technical Information Service (NTIS) to the Director of Office of Management and Budget (OMB) for privatization. (Sec. 17203) Transfers, on an interim basis, all functions of the Secretary of Commerce with respect to the Bureau of the Census to the Director of OMB. Transfers, after the interim period, the the Bureau of the Census to the Department of Labor. (Sec. 17204) Transfers the functions of the Bureau of Economic Analysis to the Secretary of Labor, and consolidate its functions with those of the Bureau of Labor Statistics. Limits annual expenditures for any function not terminated by this section to 75 percent of FY 1995 expenditures. (Sec. 17205) Terminates specified functions of the National Telecommunications and Information Administration (NTIA). Transfers: (1) all NTIA laboratories to the Director of OMB for privatization; and (2) all functions of NTIA concerning research and analysis of the electromagnetic spectrum to the Director of the National Bureau of Standards. Transfers all other remaining functions of NTIA to the United States Trade Representative (USTR). Abolishes the NTIA. (Sec. 17206) Prohibits the appropriation of funds for specified National Oceanic and Atmospheric Administration (NOAA) programs and accounts. Transfers NOAA aeronautical mapping and charting functions to the Defense Mapping Agency. Directs such agency to terminate any functions that are performed by the private sector. Transfers NOAA functions relating to mapping, charting, and geodesy to the Director of the U.S. Geological Survey. Requires the Director to terminate functions performed by the private sector. Transfers all functions and assets of NOAA that were performed by the National Environmental Satellite, Data, and Information System (NESDIS) and the Office of Oceanic and Atmospheric Research (OAR) to the NIST. Transfers all functions of the National Weather Service (NWS) to NIST. Limits the number of NOAA commissioned officer for FY 1996. Terminates the Corps after FY 1996. Abolishes the Office of the NOAA Corps of Operations and the Commissioned Personnel Center, effective September 30, 1996. Directs the Administrator of NIST to enter into contracts for the use of vessels to conduct oceanographic research and fisheries research, monitoring, enforcement, and management, and to acquire other data necessary to carry out NOAA missions. Directs the Administrator to transfer excess vessels to the National Defense Reserve Fleet. Transfers to the NIST all functions of: (1) the National Marine Fisheries Service; and (2) the National Ocean Service. Transfers coastal nonpoint pollution control functions of the Secretary of Commerce to the Administrator of the Environmental Protection Agency (EPA). (Sec. 17207) Establishes the NIST as an independent Federal agency to be administered by an Administrator of Science and Technology. Transfers to the NIST all functions of: (1) NOAA; (2) the National Bureau of Standards; and (3) the Office of Space Commerce. Terminates specified NOAA agencies and positions. Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1995 expenditures. (Sec. 17208) Terminates specified DOC agencies and programs, including the Minority Business Development Administration, the U.S. Travel and Tourism Administration, the Advanced Technology Program, the Manufacturing Extension Programs, and the National Institute of Standards and Technology METRIC Program. Imposes a terminal moratorium on such agency and program activities. Subtitle C: Office of United States Trade Representative - Chapter 1: General Provisions - Sets forth specified definitions. Chapter 2: Office of United States Trade Representative - Subchapter A: Establishment - Establishes an independent Office of the United States Trade Representative (Office) (currently part of the Executive Office of the President), to be headed by the United States Trade Representative (USTR). Declares that the Office shall be the successor to the Department of Commerce for purposes of protocol. (Sec. 17312) Directs the USTR, in addition to current duties, to: (1) establish a national export strategy; (2) promote new opportunities for U.S. products and services to compete in the world marketplace; (3) assist small businesses in developing export markets; (4) consult and cooperate with State and local governments and other interested parties on international trade matters; (5) promote cooperation among business, labor, and Government to improve industrial performance and the ability of U.S. industries to compete in international markets; and (6) monitor and enforce foreign government compliance with international trade agreements to protect U.S. interests. Makes the USTR a member of the National Security Council and the National Economic Council, as well as chairperson of the Trade Promotion Coordinating Council and Deputy Chairman of the National Advisory Council on International Monetary and Financial Policies. Subchapter B: Officers - Establishes the officers of the Office, including a Deputy Administrator, two Deputy USTRs, and a Director General for Export Promotion. Subchapter C: Transfers to the Office - Transfers to the USTR all functions of: (1) the current USTR and the Office of the USTR in the Executive Office of the President; (2) specified officers and employees of the Department of Commerce; and (3) the Secretary of Commerce relating to the Export-Import Bank of the United States. Transfers all functions of: (1) the Director of the Trade and Development Agency to the Director General for Export Promotion; and (2) the Trade and Development Agency to the Office of the Director General for Export Promotion. (Sec. 17334) Amends the Export-Import Bank Act of 1945 to revise the composition of the Board of Directors of the Export-Import Bank of the United States, including making the USTR Chairman of the Board. Directs the United States and Foreign Commercial Service to provide such services as the Director General for Export Promotion determines necessary to assist the Bank in its lending, loan guarantee, and insurance activities. (Sec. 17335) Amends the Foreign Assistance Act of 1961 to revise the composition of the Board of Directors of the Overseas Private Investment Corporation, including making the USTR Chairman of the Board. (Sec. 17336) Directs the President to transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion and export financing activities and transfer them to the Office. (Sec. 17337) Amends the North American Free Trade Agreement Implementation Act to terminate at the end of FY 1995 the authorization of appropriations for: (1) the United States Section of the North American Free Trade Agreement (NAFTA) Secretariat; and (2) the U.S. contribution to the Border Environment Cooperation Commission. Transfers functions of the Committee for the Implementation of Textile Agreements (CITA) to: (1) the USTR; and (2) the International Trade Commission (ITC) (as they relate to the assessment of the impact of textile imports on domestic industry). Abolishes the CITA. Subchapter D: Administrative Provisions - Sets forth administrative provisions, including establishment of a working capital fund. Subchapter E: Related Agencies - Amends the Trade Expansion Act of 1962 to revise the composition of the Interagency Trade Organization to replace the Secretary of Commerce with representatives of such other Federal agencies as the USTR shall designate. (Sec. 17362) Amends the National Security Act of 1947 to include the USTR in the National Security Council. (Sec. 17363) Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the USTR with respect to trade matters under consideration by the Fund. Subchapter F: Conforming Amendments - Makes conforming amendments to the Trade Act of 1974. (Sec. 17371) Amends the Foreign Service Act of 1980 to authorize the USTR (currently, the Secretary of Commerce) to utilize the Foreign Service personnel system with respect to certain personnel. Subchapter G: Miscellaneous - Sets forth effective dates. (Sec. 17382) Provides for interim appointments and personnel as well as funding reductions. Subtitle D: Patent and Trademark Office Corporation - Patent and Trademark Office Corporation Act of 1995 - Chapter 1: Patent and Trademark Office - Establishes the Patent and Trademark Office as a wholly owned Government corporation. Requires the Office to maintain an office in the district in which its principal office is located. Authorizes the Office to retain and use all of its revenues and receipts in carrying out its functions, subject to provisions of the Omnibus Budget Reconciliation Act of 1990. (Sec. 17413) Vests management of the Office in the Commissioner of Patents and Trademarks, who shall be appointed by the President for a five-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall not be subject to provisions governing Federal employees, with specified exceptions. Sets forth provisions regarding retirement, health benefits, life insurance, the Employees' Compensation Fund, and a requirement that the Office offer a specified minimum number of life and health insurance policies. Directs the Office to: (1) develop labor relations and employee relations programs with the objective of improving productivity and efficiency, based on specified guidelines; and (2) adopt all labor agreements which are in effect as of the day before the effective date of this Act, with respect to such Office. Sets forth provisions regarding personnel, accumulated leave, termination rights, continuation in office of certain officers, competitive status, and savings provisions. (Sec. 17414) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner. (Sec. 17415) Repeals provisions subjecting the Commissioner's performance to the direction or approval of the Secretary of Commerce. (Sec. 17416) Amends the Trademark Act of 1946 to revise the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members. (Sec. 17417) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions which are vested in the Office by this subtitle. Chapter 2: Effective Date; Technical Amendments - Makes this subtitle effective six months after its enactment. (Sec. 17432) Makes technical and conforming amendments. Subtitle E: Miscellaneous Provisions - Sets forth administrative provisions. Title XVIII: Welfare Reform - Provides that H.R. 4 (Personal Responsibility Act of 1995) as passed by the U.S. House of Representatives is enacted with certain technical amendments deeming State plan submissions under new SSA title IV part A (Block Grants for Temporary Assistance for Needy Families) to be acceptance of certain grant limitations. (Sec. 18001) Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for FY 1996 through 2002. Makes certain technical amendments to the Child Nutrition Act of 1966 pertaining to a limitation on State obligation allotments for FY 1996 through 2000, with similar technical changes under the National School Lunch Act. Title XIX: Contract With America-Tax Relief - Enacts Title VI (Contract With America Tax Relief Act of 1995) of H.R. 1215 (Tax Fairness and Deficit Reduction Act of 1995) of the 104th Congress as passed by the House of Representatives with modifications, including: (1) striking subtitle E (Social Security Earnings Test); (2) striking part III (Alternative Minimum Tax Relief) of subtitle C (Job Creation and Wage Enhancement); and (3) striking the redesignated subtitle F (Tax Reduction Contingent on Deficit Reduction) and inserting in its place a revised subtitle F (with the same name). Provides, under such revised subtitle F, for the: (1) definition of the term net modified chapter 1 liability and provides for the determination of such amount; (2) lowering of the 50 percent capital gains deduction for taxpayers other than corporation to 34.5 percent and of the 31.9 percent alternative capital gains tax for corporations to 25 percent; and (3) revision of provisions affecting the American Dream Savings Account, the alternative minimum tax, and the estate and gift tax. Title XX: Budget Enforcement - Seven-Year Balanced Budget Enforcement Act of 1995 - Amends the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 to provide for the enforcement of deficit reduction by extending and reducing the discretionary spending limits and permanently extending the pay-as-you-go requirements. Prohibits Medicare savings from being used to account for tax reductions. Sets forth special rules applicable to Department of Defense sequestration. Provides for the treatment of direct student loans.

Department of Veterans Affairs Improvement and Reinvention Act of 1995

United States · United States Congress · 19 October 1995

TABLE OF CONTENTS: Title I: Veterans Health-Care Programs Part A: Reform of the Health Care Eligibility System Part B: General Program Administration Improvements Title II: Benefit Programs Part A: Loan Guaranty Program Part B: Education Programs Department of Veterans Affairs Improvement and Reinvention Act of 1995 - Title I: Veterans Health-Care Programs - Part A: Reform of the Health Care Eligibility System - Directs the Secretary of Veterans Affairs to furnish health care (currently, only hospital, nursing home, and domiciliary care) to veterans in a specified order of priority, with first priority given to veterans having compensable service-connected disabilities, former prisoners of war, those whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty, and those who are in receipt of or entitled to disability compensation (with a limitation). Defines "health care" as the most appropriate treatment for the patient in the most appropriate setting, including hospital, nursing home, domiciliary, outpatient, rehabilitative, home, respite, preventive, and dental care. Authorizes the Secretary to furnish the following care to veterans not listed under the priorities: hospital, nursing home, respite, home, and domiciliary care. Authorizes the Secretary to establish additional priorities. Authorizes the Secretary to furnish health care to other veterans with attributable incomes greater than a specified threshold, as long as such a veteran agrees to pay a copayment applicable to hospital, nursing home, and outpatient care. Provides payment requirements and exceptions in the case of a veteran who is admitted for hospital or nursing home care after having been furnished nursing home or hospital care, respectively, for less than 90 days during the previous 365-day period for which such veteran has paid all required copayments. (Sec. 103) Directs the Secretary to furnish hospital care, and authorizes the Secretary to furnish other health care, to the following veterans for any disability, notwithstanding the fact that there is insufficient medical evidence to conclude that their disability may be or is associated with the exposure: (1) veterans who served on active duty in Vietnam who may have been exposed to dioxin or a toxic substance found in a herbicide or defoliant used there; (2) veterans exposed to ionizing radiation during nuclear testing during World War II; and (3) veterans who may have been exposed to a toxic substance or environmental hazard while serving during the Persian Gulf War. Provides time limits for the provision of certain care. (Sec. 104) Authorizes the Secretary to furnish specified mental health services, consultation, professional counseling, and training to members of the immediate family of a patient who is either a veteran or a dependent or survivor receiving health care through the Department of Veterans Affairs. Authorizes the provision of certain bereavement counseling to recipients of such services upon the death of a veteran or a survivor or dependent. (Sec. 105) Authorizes the Secretary to: (1) procure medical equipment or prosthetic and similar devices by purchase or manufacture; (2) repair or replace any prosthetic or orthotic device or similar appliance of a veteran which was damaged by a fall or other accident caused by a compensable service-connected disability; and (3) furnish devices for assisting in overcoming deafness to any veteran who is profoundly deaf and entitled to compensation due to a hearing impairment. (Sec. 106) Authorizes the Secretary, under specified conditions and limitations, to furnish certain dental services to a veteran who is receiving hospital, nursing home, or domiciliary care in a Department facility. Directs the Secretary of the military department concerned, within specified periods after an individual's discharge or release from active duty, to provide to such individual a written explanation of his or her eligibility for dental care due to a dental condition which is service-connected but not compensable. Limits to $1,000 the total amount which may be expended for furnishing outpatient dental care to a veteran through private facilities for which the Secretary has contracted, with an exception. Requires the Secretary to report to the appropriate congressional committees in any fiscal year in which funds used for the provision of contracted dental care services are not sufficient to furnish all dental care required for such veterans. Requires service-connected but noncompensable dental care provided under this section to be furnished on a one-time completion basis unless such services are found unacceptable under professional standards. Allows dental appliances required for such care to be procured either by purchase or manufacture. (Sec. 107) Allows the Secretary to furnish improvements and structural alterations to a veteran's home, but only if necessary to assure the continuation of treatment or to provide access to the home or to essential lavatory and sanitary facilities. Limits the cost of such improvements and alterations. (Sec. 108) Directs the Secretary, to the extent provided in advance in appropriation Acts, to furnish to each veteran who is receiving compensation for a service-connected disability or an increased pension as a veteran of a period of war by reason of being permanently housebound or in need of regular aid and attendance, such drugs and medicines as may be ordered by prescription as specific therapy in the treatment of any illness or injury suffered by such veteran. Allows the Secretary to authorize the administration of immunizations to eligible veterans who voluntarily request them in connection with the provision of care for a disability in any Department health care facility. (Sec. 109) Repeals a Federal provision which allows the direct admission for nursing home care in a non-Department facility for veterans requiring such care for a service-connected disability. (Sec. 110) Authorizes the Secretary to furnish residential care to veterans when such care would be an alternative to continued hospital care in a Department facility. Limits such care to: (1) veterans who have no resources to pay for such care; and (2) 90 days during any 12-month period. Provides situations under which the Secretary is authorized to assist in the placement of non-qualifying veterans in community residential-care facilities. (Sec. 111) Authorizes the Department to enter into agreements for the sharing of health-care resources (currently, only specialized medical resources) with non-Department health care providers. (Sec. 112) Authorizes appropriations to carry out Federal provisions concerning hospital, nursing home, and domiciliary care and medical treatment for veterans. Part B: General Program Administration Improvements - Increases, beginning on January 1, 1995, the income thresholds used to determine the eligibility of veterans for needs-based benefits. Requires such thresholds to be increased on January 1, 1996, and thereafter by the applicable percentage increase in benefit amounts payable under title II (Old age, survivors and disability insurance) of the Social Security Act. (Sec. 121) Allows the Department to: (1) retain a specified amount of funds collected from primary insurers for the care of veterans in Department facilities; and (2) use such funds to improve the quality of health care provided. Title II: Benefit Programs - Part A: Loan Guaranty Program - Repeals a provision requiring the Secretary to report annually to the Congress concerning the manufactured housing loan program (a program which provides Department-guaranteed loans to veterans for the purchase of manufactured homes and lots). Prohibits any loan closed after September 30, 1995, from being guaranteed under such program. (Sec. 202) Repeals provisions referring to authorized loan fees for loans made to veterans under the manufactured housing loan program. (Sec. 203) Authorizes the Secretary to contract with a private entity for the servicing of guaranteed housing and small business loans made to veterans. Limits the contract term to 15 years. Part B: Education Programs - Authorizes the Secretary to require that any report or certification required to be submitted to the Department with respect to eligibility or benefits under the veterans' educational assistance program be submitted electronically by a suitable means, including a digital signature of the certifying or reporting party (which will be considered an original signature). Authorizes the Department to use such data in establishing or verifying the eligibility or continued eligibility of veterans for education benefits through the Department. (Sec. 211) Authorizes the Secretary to require that veterans' education benefits be paid through electronic funds transfer.

Reform of Superfund Act of 1995

United States · United States Congress · 18 October 1995

TABLE OF CONTENTS: Title I: Remedy Selection and Community Participation Title II: Liability Title III: Brownfields and Voluntary Cleanups Title IV: Natural Resource Damages Title V: State Role Title VI: Federal Facilities Title VII: Miscellaneous Title VIII: Amendments to Oil Pollution Act of 1990 Title IX: Remediation Waste Management Title X: Funding Subtitle A: Expenditures from the Hazardous Substance Superfund Subtitle B: Five-Year Extension of Hazardous Substance Superfund Reform of Superfund Act of 1995 - Title I: Remedy Selection and Community Participation - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to add new provisions establishing a national risk protocol. Requires that risk assessments conducted under the Act: (1) provide scientifically objective and unbiased estimates and characterizations which neither minimize nor exaggerate the nature and magnitude of risks to human health and the environment; (2) distinguish scientific findings from other considerations; and (3) be based on relevant and current scientific, technical, and exposure-related information, including epidemiological data, data on bioavailability, and site-specific information. Requires the President to publish guidelines which, among other requirements, define the use of probabilistic modeling, population risk estimates, and approaches for addressing cumulative potential risks posed by multiple contaminants or multiple exposure pathways. Requires further that the guidelines provide methodology for establishing protective exposure levels that are set, to the extent feasible and scientifically appropriate, at the final 90th percentile of exposure probability distribution. Directs the President to conduct a review and assessment of the health effects values and toxicological profiles of 25 specified hazardous substances considered to be carcinogens. Requires publication of the finalized assessment with explanations of assumptions, inferences, models, and other factors. (Sec. 102) Replaces existing remedial action selection provisions with provisions requiring, among other factors, protection from realistic and significant risks through cost-reasonable means. Adds drinking water standards requirements for remedies. Revises standards for protective remedies and the methods of remediation. Requires consideration of the views of Community Assistance Groups in development of certain recommendations. Requires site-specific risk assessments. Establishes revised procedures for consideration of remedial action alternatives and the factors to be balanced in reaching final decisions, including cost-effectiveness, anticipated uses, and site-specific risk assessments. Allows for generic remedies when demonstrated to be effective. Requires the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner, providing for their inclusion in the next revised National Contingency Plan. Allows a finding of technical impractability on a site-specific analysis basis without a requirement that the remedial measure first be installed and reviewed, unless the analysis is insufficient or inadequate. States that Federal and State procedural requirements shall not apply to response actions conducted on-site. (Current law refers only to permit requirements.) Revises disposal standards. Adds provisions allowing review and comment by States adjoining certain facilities. (Sec. 103) Revises provisions relating to grants for technical assistance to groups affected by release or threatened release of hazardous substances at facilities on the National Priorities List. Sets a funding limit of $20 million annually. Adds provisions for citizen and community participation in the Superfund decisionmaking process. (Sec. 104) Adds provisions establishing Community Assistance Groups (CAGs) to provide views to the President and others on matters related to facility remediation. Limits eligibility for Technical Assistance Grants. (Sec. 105) Adds under the hazard ranking system of the National Contingency Plan for removal of oil and hazardous substances requirements that the President place highest priorities on facilities where there is actual ongoing human exposure at levels of public health concern or demonstrated adverse health effects. (Sec. 106) Removes the requirement for a national registry of serious diseases and illnesses. Specifies that the national registry of persons exposed to hazardous substances is for scientific and public health purposes. Provides that in cases of public health emergencies, exposed persons shall be eligible for referral to accredited medical care providers. (Under current law persons are eligible for admission to Public Health Service facilities.) (Sec. 107) Authorizes the Agency for Toxic Substances and Disease Registry (ATSDR) to conduct health effects studies directly or by cooperative agreements and grants. Allows additional types of research studies by ATSDR. Revises ATSDR health assessment, health studies, information distribution, and other directives. (Sec. 112) Extends emergency removal authority. (Sec. 113) Adds provisions authorizing the President to acquire a hazardous substance easement restricting or controlling the use of land, water, or other natural resources. (Sec. 114) Grants Federal court jurisdiction to review of final decisions regarding the selection of a remedy under CERCLA. Title II: Liability - Amends CERCLA to allow potentially responsible parties (PRPs) to receive a reimbursement from the Fund of 50 percent of cleanup costs incurred after October 18, 1995, for liability due to pre-1987 activity. (Sec. 202) Adds provisions creating liability exemptions and limitations for, among others: (1) pre-1987 de minimis contributors; (2) specified National Priorities List (NPL) municipal landfills; (3) municipal solid waste and sewage sludge, if the person is a homeowner or renter, small business, or small, nonprofit organization; (4) de micromis contributors; (5) facilities acquired by inheritance or bequest; and (6) NPL-site contiguous properties. (Sec. 203) Adds new provisions stating that exemptions and limits of liability shall not apply to any person whose liability is based on an act that was illegal at the time. (Sec. 206) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment. Describes sufficient causes. Sets limitations on authority for pre-enactment releases at non-NPL facilities. (Sec. 207) Adds new provisions on allocations at multi-party facilities, describing when EPA shall initiate the allocation process, the process itself, and post-settlement litigation. (Sec. 210) Amends provisions governing liability of response action contractors. (Sec. 211) Adds provisions authorizing the use of annuity contracts or other financial instruments by PRPs to make payments for response costs. Adds authority for PRP challenges to cost recovery components of a settlement under certain circumstances. (Sec. 213) Amends CERCLA to require EPA to offer final covenants not to sue to settling parties who meet certain requirements and pay a premium. Authorizes discretionary covenants not to sue when in the public interest. (Sec. 214) Revises expedited final settlement procedures. (Sec. 215) Adds provisions exempting recyclers from liability if they make certain threshold demonstrations. Applies such exemptions to scrap paper, plastic, glass, rubber (other than whole tires), metal, and batteries. (Sec. 216) Makes information available to the public after 45 days. Amends confidentiality requirements regarding information obtained by EPA. Title III: Brownfields and Voluntary Cleanups - Adds new provisions requiring the Administrator to provide assistance to State voluntary response programs. (Sec. 302) Adds definitions of "owner or operator" for purposes of determining cleanup liability to exclude holders of indicia of ownership who are primarily protecting a security interest but do not exercise responsibility for the handling of hazardous substances. Modifies liability of fiduciaries. Limits liability to actual benefit. (Sec. 303) Requires that the standards developed by the American Society for Testing and Materials be used to determine whether a defendant qualifies as an innocent landholder. (Sec. 304) Adds provisions limiting Federal enforcement actions under CERCLA for States with approved remedial action programs. (Sec. 305) Details conditions under which a bona fide prospective purchaser shall not be considered liable for response costs. Title IV: Natural Resource Damages - Amends CERCLA to define "restoration," "reasonable restoration measures," "cost-effective," "cost-reasonable," "timely," and "baseline condition." Specifies covered damages, limits of liability, and damage measurement conditions. Title V: State Role - Amends CERCLA to add provisions providing that the Administrator may delegate authority to a State to take action at any or all NPL sites within the State, including Federal facilities. Sets eight categories of authority for delegation. Removes 50 percent cost share requirements in State- or local-operated sites, lowering such requirement to ten percent. Allows State petitions for lower cost shares in certain cases. (Sec. 502) Sets caps on yearly additions to the National Priorities List, prohibiting additions entirely by 2003. (Sec. 503) Revises provisions governing State and local reimbursement for response actions. Title VI: Federal Facilities - Revises existing CERCLA provisions governing the State role at Federal facilities. (Sec. 602) Adds provisions allowing Federal facilities on NPL to be designated by the President for research, development, and application of innovative technologies for remedial action at the facility. Prescribes procedures. Requires reports to the Congress. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government. Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges. States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to Congress. Title VII: Miscellaneous - Revises existing definitions and adds new definitions of terms, including "municipal solid waste" and "construction contractor." (Sec. 703) Requires the EPA Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. Assigns specified functions to the section. (Sec. 706) Revises CERCLA report requirements. Title VIII: Amendments to the Oil Pollution Act of 1990 - Amends the Oil Pollution Act of 1990 to require cost-effective restoration of natural resources and to include natural recovery as a means of natural resource restoration. (Sec. 802) Changes current language to include reasonable and necessary costs and other changes in the measurement of damages. (Sec. 803) Requires the issuance of regulations by August 8, 1998, with requirements for damage assessments and the appointment of a lead trustee under the Oil Pollution Act of 1990. (Sec. 804) Adds definitions, including definitions of "cost- effective," "cost-reasonable," and "timely." Title IX: Remediation Waste Management - Amends the Solid Waste Disposal Act to add a new title on remediation waste management. Exempts remediation waste from hazardous waste and other regulation. Applies the exemption to orders, permits, enforceable agreements, or other remedial action plans issued by EPA or a State. Directs that remedies required under the corrective action program be necessary to protect human health and the environment from realistic risks in a cost-effective and cost-reasonable manner. Enumerates five factors to be balanced in selecting remedies. Requires the final remedy to be based on the current use of land, water, and other resources at the site unless there is a substantial probability of different future uses. Prescribes procedures for the certification of State hazardous waste programs for the management of remediation wastes. States that the effect of certification is that remediation waste shall no longer be considered hazardous waste or, under the Toxic Substances Control Act, toxic waste. Provides for the establishment of EPA remediation waste programs in States without certified programs. Prescribes enforcement provisions, imposing criminal penalties for violations involving remediation waste regulations. Amends the Solid Waste Disposal Act to provide that petroleum-contaminated media and debris from cleanup of leaking underground storage tanks that is hazardous due to organic constituents shall not be considered hazardous waste. Title X: Funding - Subtitle A: Expenditures from the Hazardous Substance Superfund - Revises authority to use the Fund for technical assistance grants, worker training, and other activities. Makes funds available for certain response, removal, remediation, and other costs. Limits natural resource damage funds to $50 million per year for FY 1996-1998 and $100 million annually thereafter. Limits funding for certain administration, oversight, monitoring, evaluation, enforcement, and other activities to 25 percent of the total for FY 1996-1998, and 20 percent for FY 1996 and thereafter. Sets specified other limitations on the use of Fund monies. Authorizes appropriations to the Hazardous Substance Superfund through FY 2000. Subtitle B: Five-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2000. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2000. Extends the repayment deadline. Provides additional sources of funds for Superfund.

19 Mr. M. Smith asked the Minister for the Marine the steps, if any, he has taken to ascertain from the British Government the amounts and the composition of all hazardous wastes dumped by British Authorities in the Irish Sea and the North East Atlantic and the dates on which such dumping occurred; the further steps, if any, he has taken to ensure that there is no further development of this kind; and the resources available to protect the Marine environment from this lethal danger. [15120/95]

Ireland · Dáil Éireann · 17 October 1995

19 Mr. M. Smith asked the Minister for the Marine the steps, if any, he has taken to ascertain from the British Government the amounts and the composition of all hazardous wastes dumped by British Authorities in the Irish Sea and the North East Atlantic and the dates on which such dumping occurred; the further steps, if any, he has taken to ensure that there is no further development of this kind; and the resources available to protect the Marine environment from this lethal danger. [15120/95]

Seven-Year Balanced Budget Reconciliation Act of 1995

United States · United States Congress · 17 October 1995

TABLE OF CONTENTS: Title I: Provisions of General Applicability Title II: Committee on Banking and Financial Services Subtitle A: Housing Provisions Subtitle B: Thrift Charter Conversion Subtitle C: Community Reinvestment Act Amendments Title III: Committee on Commerce Subtitle A: Communications Subtitle B: Nuclear Regulatory Commission Annual Charge Subtitle C: United State Enrichment Corporation Subtitle D: Waste Isolation Pilot Project Subtitle E: Naval Petroleum Reserves Title IV: Committee on Economic and Educational Opportunities Subtitle A: Higher Education Subtitle B: Davis-Bacon and Service Contract Repeals Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 Title V: Committee on Government Reform and Oversight Title VI: Committee on International Relations Title VII: Committee on the Judiciary Title VIII: Committee on National Security Subtitle A: Military Retired Pay Subtitle B: Naval Petroleum Reserves Subtitle C: National Defense Stockpile Title IX: Committee on Resources Subtitle A: Alaska and Helium Privatization Subtitle B: Water and Power Subtitle C: National Parks, Forests, and Public Lands Subtitle D: Territories Subtitle E: Minerals Subtitle F: Indian Gaming and Health Subtitle G: Consultation Subtitle H: Mapping Subtitle I: National Park System Reform Title X: Committee on Transportation and Infrastructure Subtitle A: Water Resources Subtitle B: Ocean Shipping Reform Subtitle C: Midewin National Tallgrass Prairie Subtitle D: Miscellaneous Provisions Subtitle E: Economic Development Administration and Appalachian Regional Commission Title XI: Committee on Veterans' Affairs Subtitle A: Extension of Temporary Authorities Subtitle B: Other Matters Subtitle C: Health Care Eligibility Reform Title XII: Committee on Ways and Means - Trade Subtitle A: Technical Corrections and Miscellaneous Trade Provisions Subtitle B: Generalized System of Preferences Subtitle C: Trade Adjustment Assistance Title XIII: Committee on Ways and Means - Revenue Reconciliation Subtitle A: Extension of Expiring Provisions, Etc. Subtitle B: Medical Savings Accounts Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 Subtitle D: Additional Technical Corrections Subtitle E: Tax Information Sharing Subtitle F: Revenue Increases Subtitle G: Reform of the Earned Income Tax Credit Subtitle H: Increase in Public Debt Limit Subtitle I: Coal Industry Retiree Health Equity Title XIV: Committee on Ways and Means - Tax Simplification Subtitle A: Provisions Relating to Individuals Subtitle B: Pension Simplification Subtitle C: Treatment of Large Partnerships Subtitle D: Foreign Provisions Subtitle E: Other Income Tax Provisions Subtitle F: Estates and Trusts Subtitle G: Excise Tax Simplification Subtitle H: Administrative Provisions Title XV: Medicare Title XVI: Transformation of the Medicaid Program Title XVII: Department of Commerce Abolition Subtitle A: Abolishment of Department of Commerce Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce Subtitle C: Consolidation of Statistical Functions Subtitle D: United States Trade Administration Subtitle E: Patent and Trademark Office Corporation Subtitle F: Miscellaneous Provisions Title XVIII: Welfare Reform Title XIX: Contract Tax Provisions Title XX: Budget process Title I: Provisions of General Applicability - Seven-Year Balanced Budget Reconciliation Act of 1995 - Sets forth the table of contents of this Act. Title II: Committee on Banking and Financial Services - Subtitle A: Housing Provisions - Amends the Federal Home Loan Bank Act to terminate the Resolution Trust Corporation and Federal Deposit Insurance Corporation affordable housing programs and transfer remaining authority to the Department of Housing and Urban Development. Amends the National Housing Act: : (1) eliminate the Federal Housing Administration assignment and temporary mortgage assistance programs; and (2) prohibit foreclosure relief. Amends the Housing and Community Development Amendments of 1978 with regard to the multifamily property disposition program. Amends the Housing Act of 1949 to provide for rural housing loan subsidy recapture upon loan repayment. Amends the Housing Act of 1937 to reduce the section 8 annual adjustment factors for units with no tenant turnover. Subtitle B: Thrift Charter Conversion - Thrift Charter Conversion Act of 1995 - Chapter 1: Thrift Charter Conversion - Amends the Federal Deposit Insurance Act (FDIA) to prescribe guidelines for the imposition of a single additional special assessment on each Savings Association Insurance Fund (SAIF) member and Bank Insurance Fund (BIF) member for deposit into the SAIF. (Sec. 2202) Amends the Federal Home Loan Bank Act to make conforming amendments to the assessment authority of the Financing Corporation (FICO), extending FICO assessments to all depository institutions insured by the Federal Deposit Insurance Corporation (FDIC). Amends the FDIA to declare that assessment rates for SAIF members may not be less than assessment rates for BIF members. Amends the FDI: o: (1) repeal its exit moratorium and conversion (Oakar) provisions; (2) replace the BIF with a deposit insurance fund initially consisting of the merged assets and liabilities of the BIF and SAIF; (3) direct the FDIC to merge the BIF and SAIF into the deposit insurance fund by January 1, 1998; and (4) establish in the new deposit insurance fund a special emergency reserve. (Sec. 2204) Prescribes procedural guidelines with respect to the refund of amounts in a deposit insurance fund in excess of the designated reserve amount. (Sec. 2205) Prohibits the FDIC Board of Directors from setting semi-annual assessments in excess of the amount needed to maintain or achieve the designated reserve ratio of a deposit insurance fund. Chapter 2: Status of Banks and Savings Associations - Prescribes procedural guidelines for the termination of Federal Savings Association charters and their conversion into national bank charters or State depository institution charters. Prohibits the Director of the Office of Thrift Supervision from granting any charter for a Federal savings association. Amends the FDIA to treat State Savings Associations as banks for purposes of Federal banking law. (Sec. 2222) Amends the Bank Holding Company Act of 1956 to permit continuation of grandfathered bank holding company activities and affiliations. (Sec. 2223) Sets forth transition provisions for: (1) activities of savings associations and mutual savings associations which have converted into or become treated as banks; and (2) registration of bank holding companies resulting from conversions of savings associations to banks or treatment of savings associations as banks. (Sec. 2228) Repeals the Home Owners' Loan Act. Chapter 3: Transfer of Functions, Personnel, and Property - Abolishes the Office of Thrift Supervision and the position of Director of such Office. Transfers its functions, personnel, and property to the Office of the Comptroller of the Currency, the FDIC, or the Board of Governors of the Federal Reserve System. Chapter 4: Loan Loss Reserve Treatment - Expresses the sense of the Congress that the special thrift bad debt reserve method of the Internal Revenue Code should be repealed in a fashion that would neither threaten the economic viability of thrift institutions which convert to bank charter, nor cause the Federal Treasury to lose revenue. Subtitle C: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent to prohibit a supervisory agency from imposing additional burden, recordkeeping, or reporting when examining financial institutions. (Sec. 2302) Exempts a regulated financial institution from CRA evaluation requirements: : (1) the institution and its parent bank holding company have aggregate assets of not more than $100 million; and (2) it publicizes its services to local low- and moderate-income neighborhoods. (Sec. 2303) Provides for self-certification of CRA compliance by certain "satisfactory" or "outstanding" financial institutions with assets of $250 million or less, subject to certain public notice requirements. Prohibits a Federal regulatory agency from imposing additional self-certification requirements. (Sec. 2304) Sets forth community input and conclusive rating requirements, including requirements for publication of exam schedule, opportunity for comment, evaluation by the appropriate Federal financial supervisory agency of how the institution meets community needs, and procedures for requests for reconsideration of the resulting rating. (Sec. 2305) Mandates that, in conducting assessments of financial institutions, the appropriate Federal regulatory agency: (1) consider the nature of the business of special purpose financial institutions; (2) assess and take into account the institution's record commensurate with the amount of deposits it has received; and (3) develop standards under which they may be deemed to comply with CRA requirements consistent with the specific nature of such businesses. Defines a "special purpose institution" as one that does not generally accept retail deposits from the public in amounts of less than $100,000, such as wholesale, credit card, and trust institution. (Sec. 2306) Requires the appropriate Federal financial supervisory agency, in assessing and taking into account the records of a regulated financial institution for purposes of CRA compliance, to consider as a positive factor the institution's investments and loans to: (1) minority or women's depository institution or low-income credit union; (2) any joint ventures, entities, or projects providing benefits to distressed communities (regardless of whether or not the recipient institutions or communities are located within the regulated financial institution's chartered service area); and (3) targeted low- and moderate-income communities, including real property loans to such communities. Specifies other related positive factors to be considered. (Sec. 2307) Prohibits regulations requiring additional CRA recordkeeping and loan data collection. (Sec. 2308) Applies a requirement of metropolitan area distinctions, with respect to the public section of written institution evaluations, only to institutions that maintain domestic branches in two or more States. (Sec. 2309) Amends the Federal Home Loan Bank Act to exempt from certain community investment or service reporting requirements members who receive a CRA rating of outstanding or satisfactory. (Sec. 2310) Expresses the sense of the Congress that congressional committees should exercise aggressive oversight of the adoption and implementation of any CRA regulation by a Federal supervisory agency after the date of enactment of this Act. Requires such agency to report to the Congress on the implementation of all CRA regulations. (Sec. 2311) Amends the Federal Deposit Insurance Act (FDIA) to direct each Federal banking agency to ensure that its banking examiners consult on examination activities and resolve any inconsistent recommendations given to a depository institution. (Sec. 2312) Amends the CRA to prohibit a Federal agency from prescribing any regulation which would: (1) require a financial institution to make any loan or enter into any agreement on the basis of any discriminatory criteria prohibited under Federal law; (2) make any loan to, or enter into any other agreement with, an uncreditworthy person that would jeopardize the institution's safety and soundness; or (3) hinder the institution's full responsibility to provide credit to all community segments. Title III: Committee on Commerce - Subtitle A: Communications - Chapter 1: Spectrum Auctions - Amends the Communications Act of 1934 (the Act) to state that certain competitive bidding requirements shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC): (1) that, as the result of the FCC carrying out specified obligations, are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital television (TV) services assigned by the FCC to existing terrestrial broadcast licensees to replace their current TV licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits. Requires the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) , as of this Act's enactment date, have not been designated by FCC regulation for assignment or identified by the Secretary of Commerce (Secretary in this title) pursuant to provisions of the National Telecommunications and Information Administration Organization Act (NTIAO Act). Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2000. Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication and the needs of public safety radio services; and (3) comply with the requirements of international agreements concerning spectrum allocations. Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and that are allocated for Federal Government use but that could be reallocated pursuant to the NTIAO Act. Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to this Act, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Federal Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice. Requires the FCC to commence the Broadband Personal Communications Services C-Block auction (described in the FCC's Sixth Report and Order) not later than December 4, 1995. Ratifies and adopts the FCC's competitive bidding rules governing such auction. Sets forth or revises provisions regarding: (1) modification of auction policy to preserve the auction value of the spectrum; (2) identification and reallocation of auctionable frequencies; and (3) allocation and assignment of frequencies identified in the second reallocation report. Chapter 2: Federal Communications Commission Authorization - Federal Communications Commission Authorization Act of 1995 - Amends the Act to authorize appropriations for the FCC for FY 1996. Derives a portion of the sum of such appropriations in each fiscal year from an amount determined by the establishment and adjustment of application and regulatory fees under the Act. Directs the FCC to submit to the appropriate congressional committees and publish in the Federal Register semiannual reports specifying the reimbursements which the FCC has accepted from non-Federal sources for travel and related expenses of FCC employees. Amends the Federal Communications Commission Authorization Act of 1988 to authorize the FCC, during FY 1996, to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated under the Older Americans Act. (Sec. 3013) Amends the Act to direct the FCC, for FY 1996 and thereafter, to modify the application fees so that total collections for the fiscal year equal $40 million plus the amount of necessary expenses for costs related to application processing which exceeds $40 million. Directs the FCC to notify the Congress of any proposed and adopted modifications. Requires $40 million from FCC application fees to be deposited into the Treasury and used for application processing and related expenses of the FCC. Revises the schedule of application fees for personal communications services and amateur vanity call signs under the Act. Specifies that moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out FCC functions. (Sec. 3014) Sets forth or revises provisions regarding: (1) recovery of executive and legal costs incurred by the FCC; (2) establishment and adjustment of fees; (3) regulatory fees for satellite TV operations; and (4) governmental entities use for common carrier purposes. Directs the FCC to: (1) develop accounting systems for making adjustments authorized by the Act; and (2) annually prepare and submit to the Congress an analysis of such systems and afford interested persons the opportunity to submit comments concerning the allocation of costs, as well as the application and regulatory fee adjustments. (Sec. 3015) Authorizes the FCC to: (1) designate an entity to make inspections of ship radio stations; and (2) require such inspections annually, with an authorized waiver under limited circumstances. (Sec. 3016) Sets forth provisions regarding: (1) expedited Instructional Television Fixed Service processing; (2) tariff rejection authority; (3) refund authority; (4) licensing of aviation, maritime, and personal radio services by rule; (5) forfeitures for violations imperiling safety of life; (6) the use of experts and consultants; and (7) the statute of limitations for forfeiture proceedings against common carriers. (Sec. 3024) Directs the FCC to report to the Congress on the existing and future use of the FM band to facilitate the use of auditory assistive devices for individuals with hearing impairments. Subtitle B: Nuclear Regulatory Commission Annual Charge - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from September 30, 1998, to September 30, 2002 the authority of the Nuclear Regulatory Commission to assess and collect annual user fees and charges. Subtitle C: United States Enrichment Corporation - USEC Privatization Act - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing). (Sec. 3038) Revises employee protection guidelines for the United States Enrichment Corporation's two gaseous diffusion plants, especially with respect to pension and post-retirement health benefits. (Sec. 3039) Terminates the status of the United States Enrichment Corporation (USEC) as the exclusive marketing agent for the United States for entering into contracts for providing enriched uranium and uranium enrichment and related services. Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term. States that USEC shall establish prices for its products, materials, and services on a profit making basis. Prescribes guidelines under which the Department of Energy (DOE) shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste. States that as of the privatization date all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization date shall be direct liabilities of, and judgments against, the United States. Prescribes procedural guidelines for the U.S. Executive Agent under the Russian HEU Agreement to transfer and sell to the Secretary of Energy (Secretary in this title) uranium hexafluoride equivalent to the natural uranium component of low-enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent. (Sec. 3040) Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Prohibits the Secretary from allowing the privatization of USEC by means of a public offering unless the Secretary determines that the estimated gross proceeds from the USEC sale will be an adequate amount. Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of public offering. Mandates that the proceeds from privatization be included in the budget baseline and counted as an offset to direct spending pursuant to the Balanced and Emergency Deficit Control Act of 1985 (Gramm- Rudman-Hollings). Requires termination of any USEC license if privatization results in its being owned, controlled or dominated by a foreign entity or otherwise inimical to the security of the United States. Precludes USEC from implementing the privatization plan less than 60 days after the date that the Comptroller General presents an evaluation of the plan to the Congress. (Sec. 3041) Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. (Sec. 3042) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment. Subtitle D: Waste Isolation Pilot Project - Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act to repeal: (1) the mandate for a test phase and retrieval plan; (2) the authority to conduct test phase activities, as well as certain limitations upon the quantity of waste that may be transported; (3) the proscription against transportation or emplacement of remote-handled transuranic waste at the Waste Isolation Pilot Plant (WIPP) project during the test phase; (4) the WIPP requirements for commencement of transuranic waste disposal operations; (5) certification requirements with respect to WIPP compliance with Environmental Protection Agency (EPA) disposal regulations; (6) requirements for action in the event of noncompliance with EPA certification requirements; (7) the mandate for periodic EPA recertification; and (8) the mandate for engineered and natural barriers and waste form modifications to isolate transuranic waste after disposal. (Sec. 3051) Exempts transuranic mixed waste designated for WIPP disposal from specified land disposal restrictions. States that a no migration variance is not required for waste disposal at WIPP. Repeals the mandate for: (1) determination of noncompliance with EPA requirements for test, disposal and decommissioning phase activities; (2) retrievability of transuranic waste if WIPP violates final EPA disposal regulations; and (3) a plan for the decommissioning of WIPP. (Sec. 3055) Authorizes WIPP to receive transuranic waste, within a specified capacity, from the Secretary which did not result from a defense activity. Subtitle E: Naval Petroleum Reserves - Naval Petroleum Reserve Privatization Act of 1995 - Amends Federal law to require the Secretary to: (1) sell to private interests all Federal interest in the naval petroleum and oil shale reserves; and (2) enter into contracts for such sale by December 31, 1996. Prescribes a sales administration and finalization schedule to be concluded by November 1, 1996. Prescribes special rules governing the sale of Naval Petroleum Reserve Numbered l (Elk Hills, California), including: (1) production allocation; (2) maintenance of production pending sale; and (3) set aside of sale proceeds on account of California claims. Instructs the Secretary to exercise certain termination procedures so that a specified contract with the Bechtel Petroleum Operation, Inc. terminates not later than the closing date of the sale of such Reserve. Exempts the sale of naval petroleum reserves from congressional notification and consultation requirements, as well as: (1) presidential approval; and (2) the Attorney General's impact evaluation. Title IV: Committee on Economic and Educational Opportunities - Subtitle A: Higher Education - Higher Education Program Efficiency Act of 1995 - Amends student aid provisions of the Higher Education Act of 1965 (HEA) to terminate program authority, funding, and authority to enter into new agreements for the William D. Ford Federal Direct Loan Program. Revises provisions for funds for administrative expenses. (Sec. 4003) Eliminates certain grace period interest subsidies for new student loans. (Sec. 4004) Revises the parent loan (Federal PLUS loans) program to: (1) set a $15,000 maximum limitation on the amount parents may borrow for one student in any academic year; (2) require each holder of a PLUS loan to pay biannual rebates of interest subsidies to the Secretary of Education (Secretary in this title); and (3) raise interest rates on PLUS loans. (Sec. 4005) Requires a loan transfer fee to be paid by the transferee to the Secretary. (Sec. 4006) Requires the originating lender to remit a fee to the guarantee agency. (Sec. 4007) Revises HEA student aid provisions relating to: (1) reserve funds; (2) the free Federal application for student loans, in an electronic or other format; (3) Federal interest subsidies; (4) a reinsurance percentage; (5) loan fees from lenders; and (6) an audit exemption for small lenders. Excludes loans made or held as a trustee or in a trust capacity for the benefit of a third party from consideration in determining whether the making or holding of loans to students and parents is the primary consumer credit function of the eligible lender. Includes as an eligible lender under the student loan insurance program a wholly owned subsidiary company which, as of the enactment of this Act, acts as a finance company and participates in the authorized program pursuant to specified provisions. (Sec. 4008) Requires guarantee agencies to use at least 50 percent of their reserve funds to purchase and hold defaulted loans that they guarantee and for which insurance claims are filed by the eligible lender, with specified exceptions. (Sec. 4009) Extends the period during which a guaranty agency is required to hold a defaulted loan under certain conditions. Prescribes requirements for the new extended holding period program with respect to subject loans, excluded loans, and guaranty agency efforts during such period. Prohibits the Secretary from regulating the collection activities of a guaranty agency with respect to any loan which is subject to such extended holding period and for which reinsurance has not been paid. (Sec. 4010) Provides for the privatization and renaming of the College Construction Loan Insurance Association, and the cessation of Federal sponsorship. Repeals provisions for such Association under HEA. (Sec. 4011) Revises, for purposes of the definition of proprietary institution, provisions relating to consideration of revenues from sources that are not derived from funds provided under HEA student aid provisions. (Sec. 4012) Extends the duration of the Federal student loan insurance program. Terminates the authority to make Federal consolidation loans as of the end of FY 2002. Subtitle B: Davis-Bacon and Service Contract Repeals - Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). (Sec. 4102) Repeals the Service Contract Act of 1965. Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 - Provides that, for certain purposes under the Employee Retirement Income Security Act of 1974 (ERISA), the prescribed minimum period between provision of a joint and survivor annuity explanation and the annuity starting date shall not apply if waived by the participant and, if applicable, the participant's spouse. Title V: Committee On Government Reform and Oversight - (Bill text to be supplied.) Title VI: Committee on International Relations - Amends the Foreign Assistance Act of 1980 to include under the State Department health care program for coverage abroad any other persons designated by the Secretary of State (Secretary in this title) in addition to Foreign Service members, other Federal employees abroad, and their families. Authorizes the Secretary, under such program, to collect from a third party payer the reasonable costs incurred by the Department on behalf of covered beneficiaries (excluding such additional Secretary-designated persons) for health care services to the same extent that such a beneficiary would be eligible to receive indemnification from the third party payer for such costs. (Sec. 6001) Authorizes the Secretary to collect from a non-covered person (including such additional Secretary-designated persons) who receives health care services under such program the reasonable costs of such services incurred by the Department on the person's behalf. (Sec. 6002) Enacts into law Division A of H.R. 1561, as passed the House of Representatives on June 8, 1995 (relating to consolidation of foreign affairs agencies). Title VII: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend provisions regarding surcharges on patent and trademark fees through FY 2002. Specifies patent and trademark user fee amounts to be collected through establishment of surcharges for FY 1999 through 2002. Title VIII: Committee on National Security - Subtitle A: Military Retired Pay - Limits to FY 1995 (currently, through FY 1998) the authority for certain cost-of-living adjustments (COLAs) to military retired and retainer pay. Makes the FY 1996 COLA for military retirees first payable for March 1996. Subtitle B: Naval Petroleum Reserves - Directs the Secretary of Energy (Secretary in this title) to sell all U.S. rights and interest to naval petroleum and oil shale reserves. Requires contracts for such sales to be entered into no later than September 30, 1996. Requires the Secretary to retain the services of: (1) five independent experts for the separate valuation of each of the five reserves; and (2) an investment banker to independently administer the sales. Provides special administrative requirements with respect to the sale of Naval Petroleum Reserve Numbered 1, in Elk Hills, California, including the requirement that the Elk Hills unit continue current full production until the completion of its sale. Provides for the termination of a current Elk Hills naval petroleum sales contract. Directs the Secretary to offer to settle all claims against the United States by the State of California and the California Teachers' Retirement Fund with respect to land within the Elk Hills unit. Requires a 15-day prior congressional notification period before entering into a sales contract with respect to a naval petroleum reserve. Subtitle C: National Defense Stockpile - Directs the President during FY 1996 to dispose of: (1) all cobalt contained in the National Defense Stockpile (NDS) that is authorized for disposal under any law; and (2) additional quantities of specified materials in the NDS so as to result in specified receipts for FY 1996 through 2002. Limits disposal quantities with respect to each item. Requires deposit into the Treasury of all sale receipts. Terminates the disposal authority on the date on which the total receipts desired are achieved. Title IX: Committee on Resources - Subtitle A: Alaska and Helium Privatization - Part I: Alaska - Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil unless the President finds, within five months after enactment of this Act, that such exportation is not in the national interest. Sets forth mandatory considerations in evaluating whether such exportation is in the national interest, including an environmental review and supply and employment impact analysis. Mandates that, except in certain cases, such oil be transported by U.S.-owned merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. (Sec. 9001) Instructs the Secretary of Commerce to issue, within 30 days after the President's national interest determination, necessary rules, including any licensing requirements and conditions, to implement such determination. Directs the Secretary of Commerce to recommend that the President take appropriate action (including modification of export authorization) if oil exports under authority of this Act have caused sustained material supply shortages or price increases significantly above world market levels, together with sustained material adverse effects upon domestic employment. Instructs the Comptroller General to review and report to specified congressional committees on energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports upon consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii. (Sec. 9002) Declares it is the purpose of this section to reduce the Federal deficit by a specified amount over five years as a result of competitive bonus bids for oil and gas leases in the coastal plain of the Arctic National Wildlife Refuge (coastal plain). States that the Congress hereby determines that this section's oil and gas leasing program in the coastal plain is compatible with the purposes of the Arctic National Wildlife Refuge, and that no further findings or decisions are required to implement this determination (thereby avoiding statutorily-mandated environmental determinations). Instructs the Secretary of the Interior (Secretary in this title) to promulgate regulations within six months after enactment of this section governing a coastal plain leasing program for oil and gas exploration, development, production and transportation. Mandates that the first lease sale of at least 200,000 acres be conducted within 12 months after enactment of this section. Requires lease sales to be based upon an industry nomination process. Directs the Secretary to grant to the highest bidders any oil and gas lease on unleased Federal lands within the coastal plain at royalty payments of at least 12 1/2 percent. Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its proscription against the production of oil and gas from the Arctic National Wildlife Refuge. Declares this section is the primary land management authorization for all coastal plain exploitation activities, and that no land management review, determination, or other action shall be required. Authorizes the Secretary to close to leasing and designate up to 30,000 acres of the coastal plain as Special Areas if these lands are of such unique character and interest so as to require special management and regulatory protection. Directs the Secretary to develop guidelines to encourage the siting of facilities with common use characteristics (services bases, ports and docks, airports, major pipelines and roads) in a manner which: (1) leads to facility consolidation; (2) avoids duplication; (3) utilizes existing facilities; (4) minimizes impacts on fish, wildlife, habitat and sustenance activities of residents of Native communities; and (5) avoids disruption of the lives of residents of the Village of Kaktovik and other communities. Authorizes the Secretary to grant coastal plain rights-of-way and easements for pipeline construction and oil and gas transportation. States that the "Final Legislative Environmental Impact Statement" (April 1987) is adequate and legally sufficient for all activities related to coastal plain exploitation. Mandates that 50 percent of Federal revenues from the coastal plain be paid to the State of Alaska. Instructs the Secretary to convey: (1) the surface estate of specified lands to the Kaktovik Inupiat Corporation; and (2) the subsurface estate beneath surface estate to the Arctic Slope Regional Corporation. Establishes a Community Assistance Fund funded with the Federal share of coastal plain revenues to assist regions impacted by the activities under this Act. Establishes: (1) the National Endowment for Fish and Wildlife; and (2) the Fish and Wildlife Conservation Commission. (Sec. 9003) Directs the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Eklutna Purchasers). Authorizes appropriations to prepare or acquire the Snettisham and Eklutna assets for such sale and transfer. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under a certain statutory selection entitlement. Grants the State of Alaska one year within which to select lands authorized under this Act or any Purchase Agreement incorporated or ratified by it, notwithstanding expiration of such right under specified law. Sets a deadline by which the Secretary of Energy must: (1) complete the business of and close out the Alaska Power Administration (APA); (2) report to the Congress documenting such sale; and (3) return to the Treasury unobligated balances of funds appropriated for the (APA). Part 2: Helium Privatization - Helium Privatization Act of 1995 - Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. (Sec. 9013) Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. (Sec. 9014) Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. (Sec. 9015) Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. (Sec. 9017) Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines. (Sec. 9018) Directs the Secretary to convey to the Texas Plains Girl Scout Council for consideration of one dollar 331 acres in Potter County, Texas, reserving easements to the United States for pipeline rights-of-way. Subtitle B: Water and Power - Part 1: Power Marketing Administration - Power Administration Act - Directs the Secretary of Energy to: (1) sell the Southeastern Power Administration (SEPA); (2) retain a private sector firm to serve as financial and bid management advisor regarding such sale; (3) use specified amounts from unobligated balances to fund sale preparation costs; and (4) complete all sales between July 1, 1999, and September 30, 1999. (Sec. 9202) States that the SEPA purchasers should, if practical, attempt to offer to employ those former employees who are necessary for its continued operation. (Sec. 9203) Grants the Federal Energy Regulatory Commission FERC) jurisdiction over the rates, charges, and licenses established for the wholesale sale of electric power from such former SEPA. Exempts such newly privatized hydroelectric projects from specified environmental protection laws. Declares that any Federal power site reservation which exists on any lands, whether Federally or privately owned, that are included within the final project boundaries of a FERC-approved transferred hydroelectric project shall be vacated by operation of law upon issuance of a license for such project. (Sec. 9204) Amends the Energy and Water Development Appropriations Act of 1993 to repeal the proscription against using Federal funds to study "market rate" pricing of hydroelectric power (as opposed to current "at cost" pricing) by the Federal public power authorities. Directs the Secretaries of Energy and of the Interior to retain a private sector advisor with respect to selling all facilities and related appurtenances used to generate the electric power marketed by the Southwestern and Western Area Power Administrations. (Sec. 9205) Restructures the capital investment costs of the Bonneville Power Administration (BPA) in order to arrive at new principal amounts bearing interest rates at the Treasury rate for the old capital investment. Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to provide that payments made by the BPA Administrator to the tribes pursuant to a certain settlement agreement shall be a credit that reduces the Administrator's payments to the Treasury by specified amounts. Requires contract provisions governing the sale of BPA assets to reflect the restructured principal amounts and interest rates. Directs the Administrator to determine: (1) the effect that increases in electric power sales rates may have on the BPA customer base; and (2) the total prior costs incurred by BPA for compliance with the Endangered Species Act of 1973 and total anticipated future compliance costs. Part 2: Reclamation - Amends the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of a certain repayment contract between the United States and the Central Utah Water Conservancy District under terms similar to a certain supplemental contract that provided for the prepayment of the Jordan Aqueduct. Requires the District to exercise its right to prepayment by the end of FY 2002. (Sec. 9212) Treats the city of Folsom, California, as a Central Valley Project contractor for purposes of being considered eligible to be a transferee of Central Valley Project water earmarked for municipal and industrial purposes. (Sec. 9213) Sly Park Unit Conveyance Act - Instructs the Secretary to: (1) sell the Sly Park Unit (Sly Park Dam and Reservoir, Camp Creek Diversion Dan and Tunnel and conduits and canals) in California to the El Dorado Irrigation District for a specified price; (2) transfer and assign certain water rights to such District; (3) convey all Federal interest in the Sly Park Unit to the District. States that the Congress specifically finds that such sale and water rights conveyance are not subject to specified environmental protection laws. (Sec. 9214) Amends the Act of December 19, 1913 to revise guidelines governing funds pertaining to the Hetch Hetchy Dam. Subtitle C: National Parks, Forests, and Public Lands - Part 1: Concession Reform - Visitor Facilities and Services Enhancement Act of 1995 - Defines "Secretary concerned" for purposes of this Part as: (1) the Secretary of Interior with respect to the U.S. Fish and Wildlife Service, the National Park Service, the Bureau of Land Management, and the Bureau of Reclamation; (2) the Secretary of Agriculture with respect to the Forest Service; and (3) the Secretary of the Army with respect to the U.S. Army Corps of Engineers. (Sec. 9304) Authorizes the Secretary concerned, under specified conditions, to enter into: (1) a concessioner service agreement (agreement) and issue either a competitive or noncompetitive offering for concessioner services, facilities, or activities (requires a lease to be issued if the concessioner develops or uses fixed facilities on Federal lands); or (2) a license for concession services when the Secretary determines there is no need to limit the number of concessioners providing such services. Sets forth provisions requiring: (1) designation by the Secretaries concerned of a lead agency concerning concessions which conduct a single operation on lands or waters under multiple jurisdictions; (2) such lead agency to be that agency under whose jurisdiction the concessioner generates the greatest amount of gross receipts, unless otherwise agreed; and (3) such designated agency to issue one authorization and collect one fee under this Act for the operation. Exempts: (1) leases or licenses of entire areas to States or other political subdivisions; and (2) any third party agreement insured by such entities concerning such areas. (Sec. 9305) Requires the Secretary concerned to: (1) enter into and reissue an agreement with the person who submits the best proposal through a competitive process as defined in this Act; and (2) prepare a solicitation and prospectus which describes the concession service opportunity and publish announcements of the availability of such solicitation, prospectus, and opportunity in appropriate locations. Sets forth provisions regarding: (1) factors and minimum standards used to determine the best proposal; (2) the selection process; (3) the categorical exclusion provided by the National Environmental Policy Act of 1969 to temporary extensions and similar reissuance of agreements to provide concession services similar in nature and amount to concessions services provided under the previous authorization; and (4) modification of agreements. (Sec. 9306) Requires the Secretary concerned: (1) for the duration of an agreement, to develop a program of annual evaluations of the concessioners operating under the agreement who are providing visitor services in areas under the Secretary's jurisdiction; (2) to seek broad public input from concessioners, State agencies, and other interested persons in developing such program; and (3) to review the performance of each concessioner at least semiannually and to assign each concessioner an overall rating for each year. Authorizes the Secretary concerned to suspend, revoke, or terminate a concession authorization if a concessioner, after being notified that its performance is unsatisfactory, fails to correct the conditions identified as required. Sets forth provisions providing for performance incentives for incumbent concessioners and a renewal penalty for a concessioner whose annual performance is found to be unsatisfactory. (Sec. 9307) Limits concessioners to construction or financing of construction of public facilities on Federal lands that are to be used by the concessioner under the terms of its agreement or facilities necessary for the concessioner to administer such public facilities on Federal land. Provides that a concessioner required or authorized by an agreement to construct any structure, improvement, or fixture on Federal lands shall have an investment interest therein, to the extent provided by the agreement and this Part. Prohibits such investment interest from being extinguished by the expiration of the agreement. Allows the investment interest to be assigned, transferred, encumbered, or relinquished. Sets forth limitations on such interest. Requires the agreement to specify which new improvements, if any, shall become Government property upon its expiration. Bars a concessioner from obtaining an investment interest in any building which is wholly owned by the Government. Provides that the title to the land on which such structure, improvement, or fixture is placed shall be owned by the United States. Directs the Secretary concerned to: (1) require the new concessioner to buy the investment interest of the existing concessioner not selected as the best qualified applicant at the time of reissuance of an agreement; and (2) compensate the concessioner in an amount equal to the value of the concessioner's investment interest in facilities that are discontinued or closed by reason of the Secretary's decision. Sets forth a formula for determining the value of an investment interest of any capital improvement at the end of the agreement period. (Sec. 9308) Establishes a ten-year term for an agreement. Allows the Secretary concerned to issue such agreement for less than ten years but at least for five years if the Secretary determines that the average annual gross receipts over its life would be less than $100,000. Requires the Secretary to issue the agreement for longer than ten years if the Secretary determines that it is in the public interest or necessary due to the extent of investment and associated financing requirements and to meet the obligations assumed. Limits the term of an agreement to 30 years and the term of a concession license to two years. Allows the Secretary to agree to temporary extensions of agreements for up to two years on a noncompetitive basis to avoid interruption of services to the public. (Sec. 9309) Sets forth provisions regarding: (1) rates and charges (requires, for agreements only, rates and charges to the public to be set by the concessioner, subject to the concerned Secretary's approval only where the Secretary determines that sufficient competition for such facilities and services does not exist within or in close proximity to the area in which the concessioner operates); and (2) the transfer or assignment of such agreements, with the Secretary's approval. Prohibits the transfer of a concession license. (Sec. 9311) Requires the Secretary concerned to establish a fee for the privilege of providing concession services. Allows such fee to include: (1) an annual cash payment for the privilege of providing concession services; (2) the amount required for capital improvements required pursuant to this Act; (3) fees for rental or lease of Government-owned facilities or lands occupied by the concessioner; or (4) expenditures for maintenance of, or improvements to, such Government-owned facilities. Directs the Secretary concerned to establish a minimum fee for each of such components. Provides that the final fee shall be the amount bid by the selected applicant under the competitive selection process, with the exception that the Secretary concerned: (1) shall base the final fee for simultaneous authorizations for river runners, outfitters, or guide concession operations of substantially similar services in a specific geographic area on historical data, where available, as well as on industry- specific and other available market data; or (2) may establish a charge per user day. Sets forth provisions concerning: (1) adjustments of fees; and (2) a concession license fee (such fee shall at least cover the program's administrative costs and may not be changed over the term of the license). (Sec. 9312) Requires a concessioner to establish a concession improvement account if the agreement requires the individual to make capital improvements or occupy Government-owned facilities. Specifies provisions concerning such account with respect to: (1) terms and conditions; (2) disbursements; (3) records; (4) an annual financial statement; and (5) transfer of a remaining balance (upon the termination of a concession authorization or upon the transfer of an agreement). Requires the Secretary concerned to: (1) deposit up to a specified amount of receipts from concession services fees and the rental of Government-owned facilities for a fiscal year in the Treasury as miscellaneous receipts for the National Park Service for FY 1997 through 2002; (2) deposit receipts exceeding such specified amounts into concession improvement accounts to be distributed to each concessioner for expenditures on visitor services and facilities; and (3) develop a schedule of anticipated receipts to be deposited into the Treasury for other agencies covered under this Part and to submit such schedule to appropriate congressional committees within 18 months of this Act's enactment. Requires the Inspector General of the Department concerned, beginning with FY 1998, to biennially audit and report to specified congressional committees on such generated concession fees. (Sec. 9313) Requires the Board of Contract Appeals (Board) within each Department to adjudicate disputes between the Government and concessioners arising under this Part. Sets forth dispute procedures which: (1) permit agency decisions to be appealed to the Board after one level of administrative review; (2) demand an expedited procedure for consideration of appeals to suspend, revoke, or terminate a concession authorization; (3) allow a person to seek judicial review of decisions made by the Board; and (4) exclude the expiration of a concession authorization from appeal. Excludes disputes arising under this Part from the jurisdiction of the General Accounting Office to review bid protests under the Competition in Contracting Act of 1984. (Sec. 9314) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year of each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the concession authorization involved. (Sec. 9315) Provides that the following laws and regulations shall not apply to agreements and concession licenses under this Part: (1) Title III of the Federal Property and Administrative Services Act of 1949; (2) the Office of Federal Procurement Policy Act; (3) the Federal Acquisition Streamlining Act of 1994; (4) the Brooks Automatic Data Processing Act; (5) provisions of Federal law relating to U.S. armed forces general and miscellaneous procurement; (6) the Federal Acquisition Regulation (FAR) and any unspecified laws providing authority to promulgate regulations in FAR; (7) the Randolph-Sheppard Act; and (8) the Service Contract Act of 1965. Repeals the Concessions Policy Act of 1965 and provisions of Federal law concerning: (1) the use and occupation of national forest lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational, or public use; (2) the use of Forest Service appropriations for operation, repair, maintenance, and replacement of motor and other equipment; and (3) the rental of fire control equipment to non-Federal agencies. Provides that the provisions of this Part shall supersede the provisions of the following Acts as they pertain to concessions management: (1) the Federal Land Policy and Management Act of 1976; (2) the Refuge Recreation Act; and (3) the National Wildlife Refuge System Administration Act of 1966. Prohibits the Secretary of the Army from leasing lands, including structures or facilities thereon, at water resource development projects for commercial concessions purposes. Provides that: (1) the right of renewal explicitly provided for by any concession contract affected by the repealing, superseding, or amending of the provisions of an Act referred to in this Part shall be preserved for a single renewal of a contract following the enactment of this Part; (2) nothing in this Part shall be construed to change the value of existing capital improvements or possessory interests as identified in concession contracts entered into before this Act's enactment nor to amend, supersede, or otherwise effect any provision of the Alaska National Interest Lands Conservation Act relating to revenue-producing visitor services; and (3) no provision of this Part shall apply to any ski area permittee operating on lands administered by the Forest Service. Sets forth procedures for the reissuance of existing concessioner contracts which: (1) have expired before or within five years of this Act's enactment; and (2) are entered into before, and projected to terminate five years or more after, such enactment. Part 2: National Forest Ski Areas - Requires the Secretary of Agriculture, within five years after the enactment of this Part, to offer to sell at least 40 ski areas to the qualifying ski area operator. Provides that, for purposes of such sale, lands are qualifying concession lands if they are: (1) subject to a lease on this Act's enactment date for use as a ski area with improvements with a fair market value greater than $2,000,000; and (2) located either adjacent to the boundary of the Federal lands or adjacent to other significant private inholdings. Requires the Secretary to provide for an independent appraisal of the lands and interests to be transferred. Authorizes the Secretary to transfer, by sale or exchange, additional National Forest System lands for purposes of adding such lands to, and operating them as part of, such ski areas. Sets forth provisions for the use of proceeds generated through the sales. (Sec. 9322) Amends the National Forest Ski Area Permit Act of 1986 to require that the fee for all ski area permits on National Forest System lands be calculated, charged, and paid according to a specified formula. Provides that the terms of any existing ski area permit in effect on this Act's enactment that specify a different fee calculation method shall prevail unless the permit holder notifies the Forest Service that the individual agrees to adopt the specified formula. Requires the Forest Service to encourage such permit holder to consider adopting the new formula in order to reduce administrative costs. Sets forth provisions regarding: (1) minimum rental fees; (2) time for payment; (3) requirements for reports by the Secretary to specified congressional committees analyzing whether the ski area permit system legislated by this Act is returning fair market value rental to the United States, together with any recommendations the Secretary may have for modifications in the system; (4) transition of the new ski area permit fee; (5) applicability of the National Environmental Policy Act of 1969 to reissuance of ski area permits; and (6) withdrawal of ski areas from operation of mining laws. Part 3: Domestic Livestock Grazing - Sets forth applicable regulations for domestic livestock grazing on Bureau of Land Management and Forest Service lands. Establishes: (1) a basic grazing fee formula based upon the three-year average of the value of livestock production (exclusive of certain progeny) and the ten-year average of certain Treasury bill rates; and (2) a 15-year permit tenure. Exempts grazing activities in conformance with land use plans from further documentation required under the National Environmental Policy Act of 1969. Part 4: Regional Disposal Facility of Southwestern Low Level Radioactive Waste Disposal Compact - Provides for the transfer of specified Federal land in California (Ward Valley site) to the State of California for use as a low level radioactive waste disposal site. Subtitle D: Territories - Part 1: Commonwealth of the Northern Mariana Islands - Terminates certain annual grants to the Commonwealth of the Northern Mariana Islands. Part 2: Territorial Administrative Cessation Act - Territorial Administrative Cessation Act - Abolishes the Office of Territorial and International Affairs of the Department of the Interior. Subtitle E: Minerals - Part 1: Hardrock Mining - States that, unless specified patent transition procedures are met, patents will be issued upon payment of the fair market value of the Federal interest in the land, exclusive of, and without regard to: (1) the mineral interests it contains; or (2) its use for mineral activities. Subjects such patents to a Federal royalty. (Sec. 9503) Subjects the production and sale of locatable minerals from an unpatented mining claim to a royalty of 3 1/2 percent on the net proceeds. Cites royalty exclusions. States that the royalty obligation only accrues upon the sale of mining claim products, not upon their stockpiling for future processing. Defines net proceeds and gross yield for purposes of determining royalty obligations. Excludes from gross yield profits or losses incurred in connection with forward sales, futures or commodity options trading, or any other price hedging or speculative transaction. Delineates limitations and allocations of net proceeds, gross yield, and allowable costs. Requires the Secretary of the Interior to assess interest on unpaid royalties. Declares that the owner of a mining claim under this Act is not under an implied covenant to undertake activity as a result of the obligation to pay a royalty. Emphasizes that any such activity is in the sole discretion of the claim owner. (Sec. 9504) Amends specified Federal law to provide that all deposits of mineral materials, including block pumice, shall be subject only to the disposal guidelines of the Materials Act of 1947. Amends specified mining law to open lands with valuable mineral deposits to leasing by the Secretary, conditioned upon: (1) minimum royalty payments of two percent of the gross value of its output; and (2) payment of 25 cents per acre for the first year, 50 cents per acre through the fifth year, and one dollar thereafter. Credits such rental against royalties. Authorizes the Secretary to grant prospecting permits conferring the exclusive right to prospect for mineral materials in specified Federal lands. Entitles a permittee who has discovered valuable minerals to a lease at a royalty of at least two percent of the gross value of the output at the point of shipment to market. Amends Federal law regarding unpatented mining claims to reserve in the United States the right to manage and dispose of the mineral material surface resources prior to issuance of a mining claim patent. Repeals the Building Stone Act and the Saline Placer Act. Amends Federal mining law to authorize the Secretary to contract for the disposal of mineral materials. Restricts the maximum royalty for the gross value of the output of sodium compounds to five and one- half percent unless certain conditions are met. (Sec. 9505) Mandates an annual maintenance fee (including an initial maintenance, or location, fee), payable in advance, for each unpatented mining claim or site until a patent has been issued therefor. Exempts from such annual maintenance requirements owners who certify that Federal, State, or local governmental actions, including actions of an Indian tribal authority, have impeded access to their claims or sites. Sets forth an annual maintenance fee schedule ranging from $100 for the first three years to $500 after the fifteenth year. Identifies annual labor activities which may be credited dollar for dollar up to 75 percent of the annual maintenance fee payable. Permits excess annual labor expended over such percentage limitation to be applied to future maintenance fees. Provides that maintenance fee statements identifying the pertinent claim or site shall be in lieu of any Federal (but not State) annual mining filing requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Reduces the annual claim maintenance fee payments for unpatented mining claim or site by the amount of royalty paid for such site or for any contiguous claim or site. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. Repeals the $25 location fee requirements of the Omnibus Budget Reconciliation Act of 1993. Instructs the Secretary to periodically review departmental costs and the maintenance and location fee structure and report thereon to the Congress. Part 2: Federal Oil and Gas Royalties - Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to place primary liability for lease obligations upon either the person to whom the United States issues a lease, or the current owner of operating rights, but not both. Permits a lessee to designate a person to act on the lessee's behalf, subject to written notification of the Secretary. (Sec. 9513) Bars a judicial proceeding relating to an obligation that is not commenced within six years from the date on which the obligation falls due. Prescribes procedural guidelines for: (1) tolling of the period of limitations; (2) adjustments and refund; and (3) recordkeeping requirements. (Sec. 9516) Authorizes the Secretary to waive royalty interest. Requires the Secretary to pay or credit interest on overpayments of royalties, except on overpayments made solely to accrue such interest. Provides for payments of estimated royalties. Prescribes a general procedure for the volume allocation of oil and gas production. (Sec. 9517) Amends FOGRMA to proscribe assessments for late payment or underpayment. Restricts assessments to erroneous reports solely (but permits the imposition of penalties or interest for late payments or underpayment under other sections of such Act). (Sec. 9518) Prescribes guidelines under which a lessee may make prepayments in lieu of royalty payments for a marginal property which is not cost-effective for the Secretary to administer. Instructs the Secretary to provide accounting, reporting, and auditing relief that will encourage lessees to continue to produce and develop such properties. (Sec. 9519) Amends the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping requirements. Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public for no more than its regulated price, or, if no regulated price applies, not less than fair market value). (Sec. 9520) Amends FOGRMA to instruct the Secretary to streamline and simplify current royalty management requirements, including reporting, instruction, audits and collections. (Sec. 9521) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties. Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments. (Sec. 9522) Revises the Secretary's authority to delegate to the States all authority and responsibility to conduct audits, inspections and production and royalty accounting duties with respect to all Federal lands within their borders. Includes production and royalty accounting duties and responsibilities among such delegable authorities. Repeals the requirement that the Secretary receive permission from the Indian tribe allottee involved before undertaking such a delegation with respect to any Indian lands. Authorizes a State to request the Secretary to sell the revenue stream from certain Federal leases on marginal properties. (Sec. 9523) Amends FOGRMA to replace the knowing and willful standard for certain violations which incur a civil penalty to a standard of willful misconduct or gross negligence (a higher more difficult standard of proof). (Sec. 9524) Excludes Indian lands and privately owned minerals from the purview of this Act. Subtitle F: Indian Gaming and Health - Part 1: Indian Gaming - Amends the Indian Gaming Regulatory Act to increase fee-based funding for the National Indian Gaming Commission from class II gaming activities. Prohibits authorization of appropriations for Commission operations. Part 2: Indian Health: Medicaid - Amends the Indian Health Care Improvement Act with regard to the Medicaid program to: (1) clarify the inclusion of Indian tribes and organizations for current payment and reimbursement provisions; and (2) provide for their inclusion as well as that of any currently eligible individual Indian in any subsequent program. Part 3: Indian Health: Medicare - Amends the Indian Health Care Improvement Act to make similar amendments with regard to the Medicare program. Subtitle G: Consultation - Amends the Endangered Species Act of 1973 to state that the limitation of resources commitment between a Federal agency and a permit or license applicant shall only apply to site-specific projects or activities. Subtitle H: Mapping - Department of the Interior Surveying and Mapping Efficiency and Economic Opportunity Act of 1995 - Directs the Secretary to conduct a surveying and mapping contracting program. Provides for: (1) a published survey of Department of the Interior mapping and surveying activities; and (2) increased use of private services. Subtitle I: National Park System Reform - National Park System Reform Act of 1995 - Part 1: National Park System Plan - Directs the Secretary to prepare a National Park System (System) Plan to guide the direction of the System into the next century. Provides for: (1) a System management review; (2) the establishment of a related National Park System Review Commission; and (3) a report on procedures taken to ensure the safety of National Park Service employees. Authorizes appropriations. Part 2: New Area Establishment - Removes certain reporting requirements concerning additional System areas. Directs the Secretary to annually submit to the appropriate congressional committees a study of proposed new System areas. Title X: Committee on Transportation and Infrastructure - Subtitle A: Water Resources - Prohibits the Secretary of the Army from modifying any concession service agreement, concession license, or similar instrument except to the extent permitted under law before enactment of this Act. (Sec. 10002) Prohibits the sale of any project or project feature operated by the Corps of Engineers, including any dam, lock, reservoir, related transmission and generation structures, equipment, facilities, and real property. Requires the Secretary of the Army to cooperate with a non-Federal purchaser of electric power generated at any project under the jurisdiction of the Secretary to facilitate the purchaser's access to, operation of, and maintenance, repair, rehabilitation, and replacement of hydroelectric power facilities at such project. (Sec. 10003) Authorizes the Director of the Federal Emergency Management Agency (FEMA) to assess and collect fees from persons subject to radiological emergency preparedness regulations. Terminates such assessment authority on September 30, 2002. Subtitle B: Ocean Shipping Reform - Ocean Shipping Reform Act of 1995 - Amends the Shipping Act of 1984 to include as one of its purposes the granting of authority to carriers and shippers to develop transportation arrangements to meet their specific needs. (Sec. 10212) Redefines the term "conference," with respect to an association of ocean carriers permitted, pursuant to an approved agreement, to engage in concerted activity, to change "common tariff," which they all utilize, to "common schedule of transportation rates, charges, classifications, rules, and practices." Defines ocean freight forwarder and shippers' association. (Sec. 10213) Revises the scope of the Shipping Act of 1984, with respect to certain agreements by or among ocean common carriers, to: (1) substitute "ocean freight forwarders" for "non-vessel-operating common carriers" in exclusive, preferential, or cooperative working arrangements with ocean common carriers covered by the Act; and (2) cover agreements that discuss any matter related to ocean transportation contracts, and enter ocean transportation contracts and agreements related to those contracts. Repeals coverage of agreements to regulate or prohibit the use of service contracts. (Sec. 10214) Revises provisions relating to independent actions on certain matters by members of a shipping conference agreement. (Sec. 10216) Amends the High Seas Driftnet Fisheries Enforcement Act to repeal the automated tariff filing and information system provisions of such Act. Amends the Shipping Act of 1984 to revise provisions relating to: (1) schedules of transportation rates, terms, and conditions of common carriers and conferences for transportation services not governed by an ocean transportation contract; (2) ocean transportation contracts between one or more common carriers and a conference and one or more shippers; and (3) prohibited acts by persons or common carriers with respect to the provision of ocean transportation services. (Sec. 10219) Revises provisions for actions that the Federal Maritime Commission (FMC) may take against foreign carriers whose practices in a foreign country result in conditions that adversely affect U.S. carriers in the oceanborne trade, and do not exist for foreign carriers of that country in the United States. (Sec. 10220) Authorizes the Secretary of Transportation to request the Secretary of the Treasury to refuse or revoke any clearance required for a common carrier vessel if such carrier fails to supply certain information in a FMC investigation or adjudicatory proceeding. (Sec. 10224) Revises certain license and bond requirements with respect to ocean freight forwarders. (Sec. 10227) Requires marine terminal operators to make available to the public any schedules of rates, regulations, and practices, including limitations of liability, pertaining to receiving, delivering, handling, or storing property at its marine terminal. (Sec. 10231) Revises provisions concerning the unjustness and unreasonableness of controlled carrier rates. Declares that the rate standards, information submissions, remedies, reviews, and penalties under the Shipping Act of 1984 shall apply to ocean common carriers that are not controlled, but which have been determined by the Secretary of Transportation to be structurally or financially affiliated with nontransportation entities or organizations (government or private) in such a way as to affect their pricing or marketplace behavior in an unfair, predatory, or anticompetitive way that disadvantages them. Requires the Secretary to prescribe regulations that would govern how price and other information is to be submitted by controlled and non-controlled carriers when such information would be needed to determine whether prices charged by them are unfair, predatory, or anticompetitive. (Sec. 10232) Directs the Secretary to develop, and submit to the Congress, a negotiation strategy to persuade foreign governments to divest themselves of ownership and control of ocean common carriers. (Sec. 10233) Requires the Secretary to submit to the Congress an annual report on: (1) actions taken under the Foreign Shipping Practices Act and certain sections of the Shipping Act of 1984 and this Act; and (2) the effect on U.S. maritime employment of laws, rules, regulations, policies, or practices of foreign governments, or any practices of foreign carriers or other persons providing maritime services in a foreign country that result in the existence of conditions that adversely affect the operations of U.S. carriers in U.S. oceanborne trade. (Sec. 10241) Requires the Director of the Office of Management and Budget to submit to the Congress a plan to eliminate the FMC no later than October 1, 1997. Authorizes appropriations. Subtitle C: Midewin National Tallgrass Prairie - Chapter 1: General Provisions - Entitles this subtitle the Illinois Land Conservation Act of 1995 (the Act, for purposes of this subtitle). Chapter 2: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie - Ratifies the proposals generally identified by the land use plan approved by the Joliet Arsenal Citizen Planning Commission on May 30, 1995. Transfers the portion of land from the Joliet Arsenal constituting the Midewin National Tallgrass Prairie to the Secretary of Agriculture. Provides that the Secretary of the Army and the Secretary of Agriculture shall both maintain security for designated portions of the Area. (Sec. 10312) Directs the Secretary of the Army to: (1) transfer the designated portions of Arsenal land to the Secretary of Agriculture within six months of the Act's enactment; and (2) retain jurisdiction over any real property at the Arsenal which may be used for actions required under any environmental law to remediate contamination or conditions of noncompliance. (Sec. 10313) States that any liability or responsibility of the Secretary of the Army under environmental laws shall not transfer with the transfer of Arsenal property. Orders any Federal department or agency with hazardous materials at the Arsenal to pay for the cost of cleanup. (Sec. 10314) Directs the Secretary of Agriculture to establish the Prairie on the date of transfer of portions of the Arsenal to be managed for National Forest Service purposes. Authorizes the Secretary of Agriculture to cooperate with appropriate Federal, State, and local governments, private organizations, and corporations in the management of the Prairie. (Sec. 10315) Prohibits the construction of roads through the Prairie. Specifies terms and conditions for special use authorizations for agricultural purposes. Authorizes the Secretary of Agriculture to charge user fees and to waive such fees for certain individuals. (Sec. 10316) Provides special disposal rules for certain land parcels at the Arsenal. Chapter 3: Other Real Property Disposals Involving Joliet Army Ammunition Plant - Directs the Secretary of the Army to transfer certain land parcels at the Arsenal to the Secretary of Veterans Affairs for use as a national cemetery. (Sec. 10322) Directs the Secretary of the Army to transfer a portion of the Arsenal to Will County, Illinois, for use as a landfill. Permits the United States to maintain a reversionary interest in the property for a five-year period, to be exercised if the County fails to meet the transfer conditions. (Sec. 10323) Directs the Secretary of the Army to transfer a portion of land at the Arsenal to the State of Illinois for economic redevelopment purposes. Conditions the receipt of the land upon the Illinois Governor establishing a redevelopment authority to oversee the economic development. Permits the United States to retain a 20- year reversionary interest in such land. Chapter 4: Miscellaneous Provisions - Provides that this subtitle does not alter any requirements to be carried out in compliance with existing environmental laws. Subtitle D: Miscellaneous Provisions - Extends through FY 2002 the current tonnage duties imposed upon foreign vessels entering into U.S. ports. (Sec. 10402) Directs the Administrator of General Services to: (1) sell all U.S. rights and interest to the land and related improvements at Governors Island, New York; (2) sell the air rights to the land adjacent to Union Station in Washington, D.C.; and (3) issue regulations requiring each executive agency to collect fees for the use of all parking facilities provided for such agency at Federal expense. Subtitle E: Economic Development Administration and Appalachian Regional Commission - Economic Development Partnership Act of 1995 - Chapter 1: Transfer of Functions of Economic Development Administration - Amends the Public Works and Economic Development Act of 1965 (the Act, for purposes of this subtitle) to provide congressional findings concerning the need for Federal assistance to economically distressed areas. Establishes an independent Economic Development Commission (EDC), to be headed by a Federal Cochairman. Directs the Federal Cochairman to establish in each of eight geographic regions of the United States an Economic Development Regional Commission (EDRC). Provides for: (1) necessary EDRC administrative powers; and (2) the establishment of the regions. Authorizes each EDRC to: (1) make direct grants for the acquisition or development of land and improvements for public works, public services, or development facility usage, as well as related activities; and (2) make supplementary grants to enable States and other entities to take maximum advantage of designated Federal grant- in-aid programs for which they are eligible but for which they cannot supply the required matching share due to their economic situation. Provides supplementary grant requirements, with exceptions. Requires each EDRC, in determining the amount available to any project, to consider the relative needs of the area and the nature of the project to be assisted. Directs the Federal Cochairman to prescribe appropriate rules and regulations, including those to assure that appropriate local governmental authorities are given a reasonable opportunity to review and comment on proposed projects. Authorizes an EDRC to make direct grants to any eligible recipient in an area which the EDRC determines has: (1) experienced or is about to experience an expected rise in unemployment or other economic adjustment problems; or (2) demonstrated long-term economic deterioration. Provides grant fund uses. Authorizes an EDRC to make such assistance available when an economic need is created due to the closure or realignment of a military installation, either at the installation or in adversely affected surrounding communities. Requires an annual report from grant recipients to its EDRC. Authorizes the sale of financial instruments in revolving loan funds to accomplish the purposes of this subtitle, requiring appropriate public review and comment. Authorizes an EDRC, under specified procedures and terms, to provide technical assistance to alleviate or prevent conditions of excessive unemployment or underemployment in areas which the EDRC finds have substantial need for such assistance. Authorizes an EDRC to: (1) furnish Federal procurement departments with a list of business firms located in distressed areas; and (2) make annual economic development planning grants to development districts. Defines eligible grant recipients and areas, with specified certification requirements. Authorizes an EDRC to provide assistance under the Act only if the applicant submits, and the EDRC approves, an investment strategy which identifies the economic development problems to be addressed, as well as related information. Authorizes an EDRC to designate appropriate economic development districts and economic development centers within such districts, under specified criteria. Requires the EDC to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments, and to help applicants for such assistance. Provides a preference for current Economic Development Administration (EDA) employees in considering employment applications at the EDC or an EDRC. Provides miscellaneous powers and duties of the Federal Cochairman in carrying out the Act. Requires an annual operations report to the Congress. Provides penalties for those persons: (1) making false statements in order to obtain assistance under the Act; and (2) who embezzle or commit other fraud-related crimes while connected in any capacity with the Federal Cochairman or an EDRC in the administration of the Act. Provides conflict-of-interest provisions. Provides recordkeeping requirements of the Federal Cochairman and each recipient of assistance under the Act. States that all financial assistance provided under the Act is in addition to, and shall not be construed to reduce or diminish, any other Federal assistance available to a State or other eligible entity. Authorizes appropriations for FY 1996 through 2000. Authorizes additional appropriations for defense conversion activities. Chapter 2: Appalachian Regional Development - Amends the Appalachian Regional Development Act of 1965 (the Act, for purposes of this chapter) to: (1) provide 1995 findings and purposes for the Act; (2) require the Appalachian Regional Commission (ARC) to meet at least once a year and allow the ARC to conduct additional meetings by electronic means; (3) require the ARC to obtain a quorum of State members before reaching certain decisions; (4) authorize appropriations for FY 1996 through 2000 for administrative expenses and expenses of the Federal Cochairman and staff; (5) extend through FY 2000 the authority to enter into contracts and leases under the Act; (6) extend through FY 2000 the authorization of appropriations for the Appalachian development highway system; and (7) reduce from 100 to 50 percent of program costs the Federal share of demonstration health projects in the Appalachian region under the Act, with an exception of 80 percent of such costs for counties designated as distressed. (Sec. 10526) Repeals the following programs and provisions under the Act: (1) the land stabilization, conservation, and erosion control program; (2) the timber development program; (3) the mining area restoration program; (4) the water resources development and utilization survey; (5) the Appalachian airport safety improvements program; (6) the sewage treatment works program; and (7) amendments to the Housing Act of 1954. (Sec. 10531) Reduces from 100 to 50 percent of program costs the Federal share of grants and loans to finance low and moderate income housing construction, with an exception of 80 percent in counties designated as distressed. Makes an identical Federal share cost reduction with respect to vocational education and education demonstration projects. (Sec. 10536) Limits ARC funding for supplements to other Federal grant-in-aid programs to 50 percent of project costs (with an 80- percent distressed county exception). Makes ineligible for such funding Appalachian development highway system projects. (Sec. 10537) Adds specified criteria and measurements to be considered when determining programs and projects to be given assistance under the Act. (Sec. 10538) Directs the ARC to designate as: (1) distressed those counties that are the most severely and persistently distressed and underdeveloped; and (2) economically competitive those counties which have attained substantial economic parity with the rest of the country. Prohibits assistance under the Act for a county designated as economically competitive (with exceptions). (Sec. 10539) Empowers the ARC (currently, the President) to make grants for administrative expenses and ARC research and development projects under the Act. Reduces from 75 to 50 percent of program costs the Federal share of such projects, with an exception of 80 percent for counties designated as distressed. Repeals provisions concerning such projects which: (1) require certain ARC studies and reports; (2) authorize appropriations through June 30, 1969; and (3) ensure public availability of all information obtained from such projects. (Sec. 10540) Extends through FY 2000 the authorization of appropriations and termination date under the Act. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Extension of Temporary Authorities - Extends through FY 2002: (1) the requirement that non- service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs (Department, for purposes of this title); (2) the authority for collection of a $2 copayment from veterans earning above a minimum income level for prescription medication furnished for outpatient treatment of a non-service- connected condition; (3) certain Department veterans' medical care cost recovery authority; (4) the authority under Federal veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs-based benefits; (5) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and surviving spouses who have no dependents and who are in Medicaid-participating nursing homes; (6) the authority of the Secretary of Veterans Affairs to charge and collect a home loan fee for housing loans which are guaranteed by the Department; and (7) the procedures applicable upon the default of such guaranteed loans. Subtitle B: Other Matters - Increases from $2 to $3 the prescription drug copayment required from certain veterans. Terminates the authority of the Secretary to waive such copayments or the collection of any indebtedness for failure to make such copayments. (Sec. 11022) Directs the Secretary, as of December 1, 1995, to round out to the next lower whole dollar any cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates. Prohibits any such rates from being increased during FY 1997 through 2002 by a percentage which is more than the percentage increase for benefits under title II (Old age, survivors and disability insurance) of the Social Security Act. (Sec. 11023) Revises the Government's liability standard for injuries or death resulting from Department treatment to allow compensation to be awarded for the additional disability in the same manner as if the disability or death were service-connected. Provides proximate cause requirements. (Sec. 11024) Extends through FY 1996 (currently, December 31, 1995) the authority of the Secretary to guarantee the real estate mortgage investment conduits used to market pools of veterans' loans. (Sec. 11025) Authorizes the Department to collect veterans' home loan guaranty debts in the same manner as all other debts arising under Department programs. Requires the Department to provide affected individuals with notice and an opportunity to seek a waiver, or challenge the validity, of such debt before collection. Subtitle C: Health Care Eligibility Reform - Revises provisions concerning a veteran's eligibility for hospital care and medical services to: (1) allow such care to be provided only to the extent that amounts for such care and services are provided in advance in appropriations Acts; (2) provide full eligibility for both hospital and outpatient care for service-disabled veterans, low-income veterans, former prisoners of war, and veterans of World War I; and (3) provide such eligibility for veterans who were exposed to a toxic substance, radiation, or environmental hazard during the performance of duty. (Sec. 11032) Extends through December 31, 1998, the authority to provide priority hospital care and medical services for certain Persian Gulf veterans. (Sec. 11033) Makes certain veterans eligible for prosthetic devices as long as they are receiving ongoing care through the Department. (Currently, hospitalization is required before such veterans are so eligible.) (Sec. 11034) Directs the Secretary, in managing the provision of hospital care and medical services, to establish and operate a system of annual patient enrollment, with specified patient priorities. Requires the system to be managed to assure the provision to enrollees of timely and quality care. Requires the Secretary to establish and manage Department health care programs in a manner which promotes cost-effective delivery of health care services in the most clinically appropriate setting. Requires the Department to maintain its capacity to provide for the specialized needs of certain disabled veterans, while not reducing its current capacity to provide services to other veterans. (Sec. 11035) Amends the Veterans Health Care Act of 1992 to repeal a provision which terminates the authority of the Secretary to enter into health care resource sharing agreements with the Department of Defense on October 1, 1996. Entitles the United States to recover from primary insurance providers the cost of care or services provided under such Act through a Department medical facility. (Sec. 11036) Repeals a statement of congressional purpose with respect to the Department's sharing of specialized medical facilities, equipment, and information. Expands such sharing to include all health care resources and to allow health care providers, plans, or insurers or other entities or individuals to participate in such sharing arrangements. Increases the authorized payment terms with respect to shared resources. (Currently, only reciprocal reimbursement is permitted.) Allows the Secretary to enter into such arrangements for the treatment of non-veterans only in limited circumstances. (Sec. 11037) Exempts from Department medical personnel limitations all positions held by persons involved in providing health-care resources under sharing agreements. Title XII: Committee on Ways and Means - Trade - Subtitle A: Technical Corrections and Miscellaneous Trade Provisions - Amends the Tariff Act of 1930 to require that interest on claims be accrued from the date of the claim for the reliquidation (refund) of excess duties paid on entries of North American Free Trade (NAFTA) products. (Sec. 12002) Amends Federal customs law to repeal the requirement that certain vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits. Requires the Secretary of the Treasury to enter into contracts with collection services to recoup expenses associated with recovering indebtedness owed to the Government under the customs laws. (Sec. 12003) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require certain customs fees charged against merchandise imported from a foreign trade zone to be applied only to the value of the privileged or nonprivileged part of such merchandise. Declares that the similar application of such customs fees to imported U.S. agricultural products processed and packed in a foreign trade zone shall be effective to entries made on or after certain dates. (Sec. 12005) Amends the Caribbean Basin Economic Recovery Act and the Andean Trade Preference Act to declare that duty reductions for certain leather-related products shall not apply to textile and apparel articles subject to textile agreements. (Sec. 12007) Amends the Tariff Act of 1930 to authorize the United States Customs Service to extend the time for filing a drawback (refund) claim for duties for up to 18 months (one year if a major disaster occurs) if certain conditions are met. (Sec. 12008) Directs the Customs Service to provide for the liquidation or reliquidation (refund) of certain entries made at New York, New York, in accordance with the results of an administrative review, during the period from May 1, 1984, through March 31, 1985, by the International Trade Administration of the Department of Commerce (case number A-580-008). (Sec. 12009) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through February 1, 1999, of the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1988 Goodwill Games. (Sec. 12012) Provides for the electronic transmission of data to the U.S. Customs Service with respect to the duty-free treatment of imported civil aircraft parts pursuant to the Agreement on Trade in Civil Aircraft. (Sec. 12013) Amends the Customs and Trade Act of 1990 to extend, through December 31, 1994, the temporary exemption from duty of the cost of certain foreign repairs made to U.S. vessels. (Sec. 12014) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise the prohibition against the charging of fees for certain customs services to include services provided in connection with the arrival of any passenger on board a commercial vessel traveling only between ports which are within the customs territory of the United States. Declares that such exemption shall not apply in the case of the arrival of any passenger on board a commercial vessel whose journey originates and terminates at the same place in the United States if there are no intervening stops. Requires that passengers on commercial vessels making a single voyage involving two or more U.S. ports be charged a fee only once. (Sec. 12016) Amends the Tariff Act of 1930 to provide that certain marking requirements with respect to imported articles and containers shall not apply to: (1) certain metal forgings and hand tools made from such forgings; (2) certain coffee and tea products; and (3) spice products. (Sec. 12017) Directs the Secretary of the Treasury to liquidate or reliquidate as duty-free a certain entry of warp knitting machines. Requires a refund of duties and interest paid with respect to such entry. (Sec. 12018) Amends the Trade Act of 1974 to require the United States Trade Representative to identify trade liberalization priorities annually from calendar years 1996 through 2000. Subtitle B: Generalized System of Preferences - GSP Renewal Act of 1995 - Amends the Trade Act of 1974 with respect to the Generalized System of Preferences (GSP). Authorizes the President to designate a country as a least-developed beneficiary developing country for extension of trade preferences under the GSP. (Sec. 12102) Makes Austria, Finland, and Sweden eligible for designation as a beneficiary developing country. Declares that, for purposes of designating a beneficiary developing country, a country may be found to not provide protection of intellectual property rights, notwithstanding the fact that it may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the Uruguay Round Agreements Act. Authorizes the President to withdraw or suspend duty-free treatment for the products of a country based on consideration of specified factors and comments received from the public. Requires the President to: (1) withdraw or suspend the designation of a country as a beneficiary developing country if it is determined that changed circumstances would bar its designation as a beneficiary developing country; and (2) terminate the designation of a country as a beneficiary developing country if he or she determines that such country has become a "high income" country. Requires the President to notify the Congress before designating or terminating a country as a beneficiary developing country. Revises requirements for the designation of articles as eligible for preferential treatment. Authorizes the President to designate additional articles as eligible articles for countries designated as least-developed beneficiary developing countries if, after receiving advice from the International Trade Commission, it is determined that such articles are not import-sensitive. Prohibits an article that has been denied designation as an eligible article from being reconsidered for such designation for a three year period. Prohibits, with respect to the President's withdrawing, suspending, or limiting the duty-free treatment of an eligible article, the establishment of a duty rate for such article other than the rate which would apply but for this Act. Requires the President to terminate the duty-free treatment for an article from a beneficiary developing country (except least-developed beneficiary developing countries) whenever it is determined that such country has exported, directly or indirectly, to the United States during any calendar year a quantity of an eligible article: (1) having an appraised value in excess of $75 million (increased by $5 million on January 1 each calendar year after 1995); or (2) equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during the calendar year. Authorizes waiver of such competitive need limitation in the national economic interest if any U.S. industry is unlikely to be adversely affected by it. Prohibits any action under this Act from affecting any tariff duty imposed by the Legislature of Puerto Rico under the Tariff Act of 1930 on coffee imported into Puerto Rico. Requires the President to report to the Congress on: (1) the operation of this Act; and (2) the status of internationally recognized worker rights within each beneficiary developing country. (Sec. 12103) Directs the Secretary of the Treasury to liquidate or reliquidate and refund any duties that were paid on any entry: (1) of any article to which duty-free treatment under the GSP of the Trade Act of 1974 would have applied if such entry had been made on July 31, 1995; and (2) that was made after July 31, 1995, and before enactment of this Act. Requires buffalo leather from Thailand that is entered into the United States under certain entry numbers to be liquidated or reliquidated as if entered on June 30, 1995. Subtitle C: Trade Adjustment Assistance - Amends the Trade Act of 1974 to revise worker training requirements with respect to the payment of trade adjustment assistance to adversely affected workers. Repeals limitations on additional payments of trade readjustment allowances to workers during training periods. (Sec. 12201) Repeals the authority for relocation allowances to adversely affected workers. Extends through FY 2000: (1) the trade adjustment assistance program; and (2) authorization of appropriations for such program. Title XIII: Committee on Ways and Means - Revenue Reconciliation - Revenue Reconciliation Act of 1995 - Subtitle A: Extension of Expiring Provisions, Etc. - Part I: Extensions Through December 31, 1997 - Amends the Internal Revenue Code to extend through December 31, 1997, the: (1) targeted jobs credit; (2) exclusion from gross income of an employee of employer provided educational assistance; (3) credit for increasing research activities; (4) special rule concerning charitable contributions of stock for which market quotations are readily available; and (5) credit for the clinical testing expenses of certain drugs for rare diseases or conditions. Makes additional revisions to provisions concerning the subjects of clauses one, two, and three. Part II: Permanent Extension of FUTA Exemption for Alien Agricultural Workers - Extends permanently the Federal Unemployment Tax Act exemption for alien agricultural workers. Part III: Commercial Aviation Fuel - Delays for two years, until September 30, 1997, the scheduled increase in the tax on fuel used in commercial aviation. Imposes a floor stocks tax, subject to stated exceptions, on such fuel held on October 1, 1997. Requires a study of the Federal excise tax burden on each of the various modes of transportation. Part IV: Extension of Airport and Airway Trust Fund Excise Taxes - Extends until September 30, 1996, the current Airport and Airway Trust Fund excise taxes. Subtitle B: Medical Savings Accounts - Permits a deduction for both itemizers and nonitemizers of up to the lesser of $2,500 (for an individual) or the deductible under a catastrophic health plan for amounts paid into a medical savings account. Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 - Part 1: Taxpayer Advocate - Establishes in the Internal Revenue Service the Office of the Taxpayer Advocate which shall assist taxpayers in resolving problems with the IRS. Part II: Modifications to Installment Agreement Provisions - Requires that a taxpayer be given 30 days notice and an explanation of the reasons for modifying or terminating an installment agreement. Directs the Secretary of the Treasury to establish procedures for the independent review, for taxpayers requesting such a review, of such terminations. Part III: Abatement of Interest and Penalties - Expands the authority of the IRS to abate assessments of interest to include delays caused by a managerial act or an unreasonable error. Grants the Tax Court jurisdiction to determine if the failure of the IRS to abate interest was an abuse of discretion. Part IV: Joint Returns - Directs the Secretary to conduct specified studies of joint return-related issues. Part V: Collection Activities - Permits the Secretary to withdraw a notice of a lien if: (1) the notice was premature; (2) the taxpayer agrees to pay in installments; (3) withdrawal will facilitate collection; or (4) the withdrawal would be in the best interests of the United States. Increases from $1,650 to $2,500 the amount of personal property that is exempt from levy. Increases from $500 to $100,000 the offers-in-compromise amount for which a written opinion is required from the Office of Chief Counsel. Part VI: Information Returns - Permits an individual who has had an information return which was fraudulently filed in his or her name by another to bring a civil action against such other person. Part VII: Awarding of Costs and Certain Fees - Places the burden of proof on the IRS to establish that it was substantially justified in charging a taxpayer with a deficiency. Raises the amount of attorney's fees recoverable per hour by the prevailing party. Part VIII: Modification to Recovery of Civil Damages for Unauthorized Collection Actions - Increases the limit from $100,000 to $1,000,000 on the recovery available for unauthorized IRS collection activities. Part IX: Modifications to Penalty for Failure to Collect and Pay Over Tax - Requires the IRS to issue a notice in writing, with respect to the failure to collect and pay an over tax, to a taxpayer at least 60 days in advance of any demand for a penalty. Requires the IRS, where there is more than one responsible party subject to such penalty, to disclose the name, to one responsible party, of any other responsible party. Exempts volunteer members of tax-exempt organizations from penalty for failure to collect and pay over tax. Part X: Modifications of Rules Relating to Summonses - Includes any enrolled agent as a third-party recordkeeper with respect to the special procedures for the issuance of summonses. Part XI: Relief from Retroactive Application of Treasury Department Regulations - Provides generally, with exceptions, that no temporary, proposed, or final regulation to the tax code shall apply before its publication in the Federal Register or the date on which any notice substantially describing the expected contents of any such regulation is issued to the public. Part XII: Miscellaneous Provisions - Requires a report on a pilot program for appeal of enforcement actions. Amends the Anti-Drug Abuse Act of 1998, as well as the Internal Revenue Code, to extend for five years the authority for certain undercover operations. Allows a credit of up to $6,000 for qualified expenses in connection with an audit under the Tax Compliance Measurement Program. Subtitle D: Additional Technical Corrections - Makes corrections to the following Acts: (1) the Technical and Miscellaneous Revenue Act of 1988; (2) the Tax Reform Act of 1986; (3) the Revenue reconciliation Act of 1990; (4) the Deficit reduction act of 1984. Sets forth rules concerning the treatment of certain veterans' reemployment rights for veterans who return to civilian service following military service. Subtitle E: Tax Information Sharing - Extends the authority to disclose certain return information to the Department of Veterans Affairs. Subtitle F: Revenue Increases - Part I: Provisions Relating to Businesses - Provides, with respect to a corporate shareholder's basis in stock reduced by the nontaxed portion of extraordinary dividends, that if the nontaxed portion of such dividend exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. Requires the organizer of a corporate tax shelter to register the shelter. Sets forth penalties for failure to file. Prohibits a deduction for interest paid on life insurance policies or annuities which cover a company officer or employee. Repeals the Puerto Rico and possessions tax credit for years beginning after December 31, 1995. Revises provisions concerning: (1) the income forecast method of determining depreciation deductions; and (2) transfers of excess pension assets to retiree health accounts. Part II: Legal Reforms - Specifies that the exclusion from income of damages for personal injuries or sickness does not include punitive damages. Part III: Treatment of Individuals Who Lose United States Citizenship - Revises provisions concerning expatriation to avoid taxes, including the following changes: (1) applies the provisions to certain long-term residents; (2) permits the Secretary to expand the ten year taxation period to fifteen years; (3) increases the categories of income treated as U.S. source income; (4) giving credit for foreign taxes imposed on U.S. source income; and (4) requiring the filing of certain information by expatriates. Revises the comparable estate and gift tax provisions. Part IV: Reforms Relating to Energy Provisions - Requires wind and closed-loop biomass energy facilities to be placed in service before September 14, 1995, in order to receive a tax credit. Denies a credit for alcohol used to produce ether. Limits the alcohol that is eligible for credit for alcohol used as fuel. Revises provisions concerning energy conservation subsidies provided by public utilities. Part V: Reforms Relating to Nonrecognition Provisions - Revises provisions concerning the involuntary conversion of property into either similar property or money. Prohibits the nonrecognition of gain on the sale of a principal residence: (1) which is attributable to depreciation adjustments; or (2) unless the replacement property is located in the U.S. Part VI: Reforms Relating to Gambling Activities - Subjects to the tax on unrelated business income of charitable organizations income earned by an Indian tribe as a result of any class II or III gaming activity. Requires withholding from winnings of $5,000 or more from bingo or keno. Part VII: Other Reforms - Terminates the low-income housing credit after December 31, 1997. Repeals the: (1) credit for contributions to a community development corporation; (2) credit for purchasers of diesel-powered automobiles and light trucks; and (3) the provision which provides for the exclusion from income of rent from the rental of a vacation home for less than 15 days. Permits any qualified student loan funding corporation to end its status as a qualified scholarship funding corporation. Permits the interest on such a corporation's bond to remain tax-exempt if specified conditions are met. Part VIII: Excise Tax on Amounts of Private Excess Benefits - Imposes a 25 percent tax (which shall be paid by the disqualified person) on any transaction from which an economic benefit is provided by a tax-exempt organization directly or indirectly to a disqualified person, if the value of the benefit provided exceeds the value of the consideration. Sets forth additional reporting requirements for 501(c)(3) organizations. Requires an exempt organization to make available a copy of its return. Requires any solicitation of an organization that refers to itself as nonprofit, when it is not exempt from tax, to contain an express statement that it is not exempt from tax. Imposes a penalty for failure to disclose. Subtitle G: Reform of the Earned Income Tax Credit - Repeals the earned income credit for individuals without children. Increases the phaseout rates. Includes in adjusted gross income the following nontaxable items, not previously included, for purposes of determining eligibility for the credit: (1) pension, annuity, and individual retirement plan income; and (2) social security benefits. Denies the credit to individuals not authorized to be in the U.S. Subtitle H: Increase in Public Debt Limit - Increases the statutory limit on the public debt. Subtitle I: Coal Industry Retiree Health Equity - Repeals the reachback provisions of the coal industry's health benefit system. Title XIV: Committee on Ways and Means - Tax Simplification - Tax Simplification Act of 1995 - Subtitle A: Provisions Relating to Individuals - Part I: Provisions Relating to Rollover of Gain on Sale of Principal Residence - Allows gain to be rolled over from one residence to another in the order the residences are purchased and used, regardless of reasons for the sale of the old residence. Sets forth a two-year residence rule for taxpayers who sell a residence pursuant to a divorce or marital separation for purposes of determining the rollover of gain on the sale of a principal residence. Part II: Other Provisions - Permits the payment of taxes by any commercially acceptable means deemed appropriate by the Secretary. Establishes a foreign tax credit limitation for individuals whose gross income is from sources outside the United States, consists entirely of qualified passive income, and the amount of creditable foreign taxes does not exceed $200. Excludes certain personal transactions from foreign currency rules. Provides that the amount allowed as a deduction to rural mail carriers for the business expense of a vehicle shall be equal to qualified reimbursements. Amends the Technical and Miscellaneous Revenue Act of 1988 to repeal the rule on the business use of automobiles by rural mail carriers. Limits the exclusion of combat pay from withholding to the amount excludable from gross income. Subtitle B: Pension Simplification - Part I: Simplified Distribution Rules - Repeals: (1) the $5,000 the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions. Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. Part II: Increased Access to Pension Plans - Modifies certain simplified employee pensions with respect to allowable participants and participation requirements. Allows local governments and tax-exempt organizations to maintain cash or deferred arrangements. Part III: Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner or who has compensation from the employer in excess of $80,000. Repeals the family aggregation rules. Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. Modifies the present nondiscrimination test applicable to simplified employee pension plans to provide that the average deferral percentage for nonhighly compensated employees for the preceding year is to be used. Part IV: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Establishes a contribution limit for owner-employees of retirement plans. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59.5. Modifies the treatment of governmental plans with respect to limits on contributions and benefits. Makes the social security retirement age the uniform retirement age for purposes of discrimination testing. Makes uniform the penalty provisions applicable to certain pension reporting requirements. Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. Amends the Uruguay Round Agreements Act to provide a transition rule for computing maximum benefits for qualified plans. Permits a participant and, if applicable, the participant's spouse to waive the minimum period for the joint and survivor annuity explanation before the annuity starting date. Repeals the combined limit for participants in both a defined contribution plan and a defined benefit plan maintained by the same employer. Subtitle C: Treatment of Large Partnerships - Part I: General Provisions - Establishes special rules for large partnerships (250 or more partners) with respect to: (1) determining the income tax of a partner; (2) computing the taxable income of a large partnership; and (3) treatment of contributed property. Provides that a large partnership does not include one where: (1) substantially all of the activities involve the performance of personal services by individuals owning interests in such partnerships; or (2) 25 percent or more of partnership assets consist of oil or gas properties. Establishes simplified audit procedures for large partnerships. Requires a partner's return to be consistent with the partnership return. Allows partnerships to take adjustments into account through an imputed underpayment procedure or a flow-through-to-partners procedure. Authorizes and directs the Secretary to make adjustments at the partnership level in any partnership item to the extent necessary to have such item treated in the manner required, after notifying the partnership of such adjustment through certified or registered mail. Specifies certain restrictions on such adjustments. Provides for judicial review of such adjustment with the Tax Court, the appropriate district court, or the Court of Federal Claims. Prohibits any adjustments from being made three years after the later of the date on which the return was filed, or the last day for filing such return, except in specified cases. Allows a partnership to file a request for an administrative adjustment of partnership items during such time periods and provides for judicial review where such request is not allowed in full. Requires large partnerships to furnish information returns to partners by the first March 15 following the close of the partnership's tax year. Authorizes the Secretary to require large partnerships, or any other partnership with 250 or more partners, to file their returns on magnetic media. Part II: Provisions Related to Certain Partnership Proceedings - Revises and sets forth new provisions relating to partnership proceedings. Provides for a declaratory judgment procedure in the Tax Court for treatment of non-partnership items with respect to an oversheltered return. Describes an oversheltered return as one which above no taxable income and a net loss from partnership items. Provides for the partnership return to be determinative of the audit procedure to be followed. Suspends the period of limitations for making assessments for a partner who is named in a bankruptcy petition. Provides a special rule for a tax matters partner in bankruptcy. Permits a small partnership to have a C corporation as a partner. Excludes a partial settlement agreement from the one-year limitation on assessment. Provides that if a TEFRA statute extension agreement is entered into, that agreement also extends the statute of limitations for filing refund claims until six months after the expiration of the limitations period for assessments. Provides a prepayment forum and a refund forum for raising the innocent spouse defense in TEFRA cases. Provides that partnership level proceedings include a determination of the applicability of penalties at the partnership level. Allows partners to raise any partner-level defenses in a refund forum. Specifies that an action to enjoin premature assessments of deficiencies attributable to partnership items may be brought in the Tax Court. Permits a party to appear before a court for the sole purpose of asserting that the period of limitations for assessing any tax attributable to partnership items has expired for that person. Provides for the treatment of premature petitions filed by notice partners or five-percent groups. Provides that the amount of the bond to stay assessment and collection should be based on the Tax Court's estimate of the aggregate liability of the parties to the action (and not all of the partners in the partners in the partnership). Suspends interest where there is a delay in computational adjustment resulting from TEFRA settlements. Grants a partner seven years (in lieu of three years) to request an administrative adjustment with respect to bad debts or worthless securities. Subtitle D: Foreign Provisions - Part I: Modifications to Treatment of Passive Foreign Corporations - Modifies passive foreign investment company provisions and allows a mark-to-market election by a shareholder of such company. Provides, in general, that a corporation shall not be treated with respect to a shareholder as a passive foreign investment company during the qualified portion of such shareholder's holding period with respect to stock in such corporation. Provides, in general, that in the case of marketable stock in a passive foreign investment company which is owned by a U.S. person such person may elect: (1) if the fair market value of such stock exceeds its adjusted basis, to include in gross income an amount equal to the amount of such excess; or (2) if the adjusted basis of such stock exceeds the fair market value of such stock, a deduction equal to the lesser of the amount of the excess or the unreserved inclusions with respect to such stock. Modifies the definition of passive income. Part II: Treatment of Controlled Foreign Corporations - Provides that if a controlled foreign corporation sells or exchanges stocks in other foreign corporations, then gain recognized on such sale or exchange shall be included in the gross income of such corporation as a dividend to the same extent that it would have been included if such corporation were a U.S. person. Revises provisions concerning: (1) determining pro rata share of gain from certain sales or exchanges of stock in certain foreign corporations; (2) basis adjustments in stock held by lower-tier foreign corporations; (3) determination of previously taxed income in redemptions through use of related corporations; and (4) treatment of branch profits tax exemptions or reductions. Extends the application of the indirect foreign tax credit to certain controlled corporations below the third tier. Repeals Code provisions concerning earnings invested in excess passive assets. Part III: Other Provisions - Establishes new rules for the translation of certain accrued foreign taxes. Modifies present rules for translating all other foreign taxes. Permits the use of the simplified limitation on the foreign tax credit in determining the alternative minimum tax foreign tax credit. Modifies the excise tax on outbound transfers to avoid income tax. Increases from five to ten percent the threshold for the information reporting by U.S. persons of their ownership of stock in a foreign corporation. Provides for the treatment of a prize or award received by a nonresident alien by reason of participating in an amateur sports competition in the U.S. Subtitle E: Other Income Tax Provisions - Part I: Provisions Relating to S Corporations - Increases from 35 to 75 the number of eligible S corporation shareholders. Permits an electing small business trust to be a shareholder of an S corporation. Defines electing small business trust. Expands from 60 days to two years the post-death holding period for testamentary trusts in an S corporation. Expands the definition of "post-termination transition period" to include the 120 day period beginning on the date of any determination pursuant to an audit which follows the termination of the corporation's election and which adjusts a subchapter S item of income, loss, or deduction arising during the S period. Permits an S corporation to be a member of an affiliated group, thus permitting it to own the stock of a C corporation. Provides that adjustments for distributions by an S corporation during a taxable year are taken into account before applying the loss limitation for a year. Provides that if: (1) a corporation was an electing small business corporation for any taxable year beginning before January 1, 1983; and (2) such corporation is an S corporation for its first taxable year beginning after December 31, 1995, the amount of such corporation's accumulated earnings and profits (as of the beginning of such first taxable year) shall be reduced by an amount equal to the portion (if any) of such accumulated earnings and profits which were accumulated in any taxable year beginning before January 1, 1983, for which such corporation was an electing small business corporation under subchapter S. Permits the carryover of disallowed losses and deductions under the at-risk rules. Part II: Provisions Relating to Regulated Investment Companies - Repeals the requirement that less than 30 percent of the gross income of a regulated investment company be derived from the sale or disposition of any of the following which were held for less than three months: (1) stocks or securities; or (2) options, futures, or forward contracts (other than those on foreign currencies). Part III: Provisions Relating to Real Estate Investment Trusts - Revises provisions concerning the requirements for, and the taxation of, a REIT (real estate investment trust) including: (1) rules relating to the determination of ownership (requires compliance with specified regulations and sets penalties for noncompliance); (2) compliance with closely held prohibition provisions (factors in knowledge of being closely held; (3) definition of rents from real property (excludes and defines impermissible tenant service income); (4) the taxation of capital gains (requires shareholders to include such long-term gains as the trust designates); (5) repealing the 30 percent gross income requirement concerning income derived from the sale of stock and other property; (6) lengthening the grace period with respect to foreclosed property; (7) treating income from all hedges that reduce the interest rate risks as qualifying income; (8) revising safe harbor provisions; and (9) permitting a 100 percent REIT-owned corporation to qualify as a subsidiary, regardless of whether it was always owned by the REIT. Part IV: Accounting Provisions - Revises the look-back method for long-term contracts and provides that for purposes of such method, only one rate of interest is to apply for each accrual period. Permits a securities trader to use the mark to market accounting method. Modifies special rules concerning: (1)nuclear decommissioning costs; and (2) crop insurance proceeds and disaster payments. Permits partnerships and S corporations to use a fiscal year on the condition that quarterly payments are made. Sets a quarterly underpayment penalty. Part V: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception if the spending requirements of that exception are otherwise satisfied. Repeals the debt service-based limitation on investment in certain nonpurpose investments. Repeals certain expired provisions. Part VI: Insurance Provisions - Provides for the treatment of life insurance variable contracts on retired lives and sets forth special rules for modified guaranteed contracts. Part VII: Other Provisions - Provides that the taxable year of a partnership closes with respect to a partner whose entire interest in the partnership terminates, whether by death, liquidation, or otherwise. Makes the employer FICA credit for employee tips available whether or not the employee reported such income. Revises provisions concerning: (1) the due date for first quarter estimated tax payments by foundations; and (2) the treatment of dues paid to agricultural or horticultural organizations. Subtitle F: Estates and Trusts - Part I: Income Tax Provisions - Provides an irrevocable election to treat certain revocable trusts as part of the estate. Makes the separate share rules available to estates. Limits the taxable year of an estate to a year ending on October 31, November 30, or December 31. Repeals certain throwback rules applicable to domestic trusts. Provides for the treatment of, as well as defines, a qualified funeral trust. Part II: Estate and Gift Tax Provisions - Allows the right of recovery with respect to qualified terminable interest property to be waived in a will only by specific reference. Provides that a transfer from a revocable trust within three years of death does not result in the inclusion of the transfer in the gross estate. Revises the qualified terminable interest rules with respect to a trust and the marital deduction. Provides that a trust created before the enactment of the Revenue Reconciliation Act of 1990 is treated as satisfying the withholding requirement if its trust instrument require that all trustees be U.S. citizens or domestic corporations. Directs the Secretary to prescribe procedures which provide that executors will have the opportunity to submit subsequent information on a recapture agreement in the filing of an estate tax return. Increases the unified credit of a decedent by the unified credit of a spouse used on a split gift included in the decedent's gross estate. Permits the marital deduction with respect to a defective power of appointment or qualified terminable interest property trust, if there is a qualified reformation of the rust to correct the defect. Prohibits the revaluation of a gift for which the statute of limitations period has passed for purposes of determining the estate tax bracket and the unified credit. Defines trust for the purposes of a qualified domestic trust to include, to the extent provided in regulations prescribed by the Secretary, other arrangements having substantially the same effect as a trust. Part III: Generation-Skipping Tax Provisions - Provides that if a trust holding property having an inclusion ratio of greater than zero is severed in a qualified severance, at the election of the trustee of such trust, the trusts resulting from such severance shall be treated as separate trusts for purposes of the tax on generation- skipping transfers. Excludes from the definition of taxable termination a direct skip. Sets forth a special rule for persons with a deceased parent for purposes of the generation-skipping transfer tax. Subtitle G: Excise Tax Simplification - Part I: Provisions Related to Distilled Spirits, Wines, and Beer - Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. Permits records of exportation to be maintained by the exporter for purposes of canceling or crediting bonds furnished when distilled spirits are removed from bonded premises. Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. Allows beer to be transferred without payment of tax from a brewery to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. Repeals the requirement that wine returned to bonded premises be unmerchantable in order for tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more. Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. Allows beer to be removed from a brewery without payment of tax for purposes of destruction. Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. Part II: Consolidation of Taxes on Aviation Gasoline - Provides for the imposition of entire the aviation gasoline excise tax upon removal from a terminal facility. Part III: Other Excise Tax Provisions - Authorizes the exemption from registration requirements of certain tax-free sales. Provides certain activities, including the removal of a fifth wheel, will not constitute manufacture with respect to the retail sales tax for a truck or tractor chassis. Repeals expired provisions concerning piggy-back trailers and deep seabed mining. Subtitle H: Administrative Provisions - Part I: General Provisions - Repeals the authority to disclosure whether a prospective juror has been audited. Provides an explanation of the statute of limitations with respects to the return of a taxpayer. Allows corporations to disregard any letter or notice of assessment or proposed assessment of tax if the deficiency or proposed deficiency is less than $100,000. Permits any Commonwealth to provide for income tax withholding for Federal employees. Part II: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. Provides that a taxpayer who seeks an award of administrative costs must apply for such costs with 90 days of the date on which the taxpayer was determined to be a prevailing party. Provides that a taxpayer who appeals a denial of administrative costs must petition the Tax Court within 90 days after the date that the IRS mails the denial notice. Provides that a taxpayer must file a motion (rather than a petition) to seek a redetermination of interest in the Tax Court. Provides that the net worth limitations applicable to individuals also apply to estates and trusts. Provides that individuals who file a joint tax return shall be treated as one individual for purposes of computing the net worth limitations. Part III: Authority for Certain Cooperative Agreements - Authorizes the Secretary to enter into cooperative agreements with State tax authorities for purposes of enhancing joint tax administration. Title XV - Medicare - (Bill text to be supplied.) Title XVI: Transformation of the Medicaid Program - Medicaid Transformation Act of 1995 - Amends the Social Security Act (SSA) to: (1) add a new title XXI (MediGrant Program for Low-Income Individuals and Families); and (2) terminate the current Medicaid program, which the new MediGrant program shall replace. Gives such new program the stated purpose of providing block grants to States to enable them to provide medical assistance to certain eligible low-income individuals and families in a more effective, efficient, and responsive manner. Prescribes general requirements for State Medigrant plans containing certain State-developed strategic objectives and performance goals. Prohibits coverage denials on the basis of a preexisting condition. (Sec. 1601) Outlines major program components, which include: (1) a separate fraud prevention program along with State Medigrant fraud control units; (2) a Medigrant Task Force and associated advisory group with specified duties; (3) funding set-asides for certain targeted population groups, including low-income families, low-income elderly and low-income-disabled, with specified uses for residual funds; (4) payment limitations and prohibitions with regard to abortions and euthanasia services, respectively; (5) State MediGrant fraud control units; (6) quality assurance standards for and certification of certain nursing facilities; and (7) a master manufacturer rebate program with regard to covered outpatient drugs (including extra rebates for single source drugs and innovator multiple source drugs). Places limitations on coverage of drugs by States participating in an agreement under such program. Declares that nothing in the new title XXI shall be construed as: (1) creating an entitlement under Federal law in any individual or category of individuals for medical assistance under a MediGrant plan; or (2) making requirements for a State with respect to benefits, provider payments, geographical coverage area, or selection of providers. Declares that no person shall have a cause of action under Federal law against a State in relation to a State's compliance (or failure to comply) with the provisions of this title or of a MediGrant plan. Sets forth various miscellaneous provisions, including those regarding plan administration with advisory committee assistance with regard to plan development, revision, and evaluation and for the submittal and approval of plan amendments. Details premium and cost- sharing under the new program. Provides additional payment exclusions for nonemergency medical services for unlawful aliens. Requires annual plan audits under the program. Mandates State enactment of certain described laws with regard to medical child support for States with an approved MediGrant plan. Details the process for States to withdraw from the new MediGrant program. Provides sanctions for substantial noncompliance by a plan with the requirements of this title. Terminates the current Medicare program for the distribution of pediatric vaccines. Title XVII: Department of Commerce Abolition - Department of Commerce Dismantling Act - Subtitle A: Abolishment of Department of Commerce - Replaces the Department of Commerce (DOC) with the Commerce Programs Resolution Agency (CPRA), which is limited to three years to wind up and terminate the functions and obligations of the DOC before the CPRA itself is abolished. Directs the Comptroller General to report on the most efficient means of abolishing the DOC, and transferring or terminating its functions. Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations, liabilities, and related rights owned by DOC under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all DOC grants made under such Act in FY 1995. (Sec. 17202) Terminates the Technology Administration and the Office of Technology Policy. Transfers the National Institute of Standards and Technology (NIST) to the United States Trade Administration (USTA), as well as NIST laboratories, which shall them to a private sector entity. Eliminates funding for, and requires the sale to a private sector entity of the assets of, the National Technical Information Service (NTIS). (Sec. 17203) Terminates specified functions of the National Telecommunications and Information Administration (NTIA) and transfers its laboratories to CPRA to be sold to a private sector entity. (Sec. 17205) Transfers the National Oceanic and Atmospheric Administration (NOAA) to the Department of Agriculture. Terminates: (1) the National Ocean Service and the Office of Oceanic and Atmospheric Research; (2) the NOAA Corps of commissioned officers; (3) the Office of the NOAA Corps of Operations and the Commissioned Personnel Center; and (4) specified NOAA programs. Repeals specified Federal laws. Transfers certain NOAA: (1) fisheries programs to the Secretary of Transportation; and (2) mapping, charting, geodesy, observation, and prediction of tides and sea level functions to the Director of the U.S. Geological Survey. Requires the Secretary of Transportation to certify to specified congressional committees that the NOAA programs will be terminated no later than September 30, 1995. Prohibits the National Weather Service (NWS) from competing, or assisting other entities to compete, with the private sector when a service is currently provided or can be provided by commercial enterprise, unless specified conditions exist. Requires the NWS to report to specified congressional committees on all of its activities which do not conform to the requirements of this Act, outlining a timetable for their termination. Prohibits the use of funds authorized under this Act for any lobbying activities. Limits the amount of funds to be expended on NOAA. (Sec. 17206) Abolishes the Economic Development Administration, the Minority Business Development Administration, the National Telecommunications and Information Administration, the Advanced Technology Program, and the Manufacturing Extension Programs. Expresses the sense of the Congress that Congress should continue to explore the prospects of the private sector to assume the functions and responsibilities of the Minority Business Development Administration. (Sec. 17207) Directs the abolishment of the U.S. Travel and Tourism Administration. Directs its Administrator to submit to the Congress a recommendation for the privatization of its functions. (Sec. 17209) Expresses the sense of the Congress that the head of each agency performing a function vested in it by this Act should, wherever feasible, explore and implement user fees for services provided in the performance of such function, to offset operating costs. Subtitle C: Consolidation of Statistical Functions - Federal Statistics Agency Establishment Act - Establishes the Federal Statistics Agency as an independent executive branch agency. (Sec. 17313) Transfers to the Agency the functions of: (1) the Bureau of the Census of the DOC; (2) the Bureau of Economic Analysis of DOC; and (3) the Director of the Office of Management and Budget relating to statistical policy and coordination. (Sec. 17331) Sets forth transition administrative provisions regarding: (1) the transfer and allocation of appropriations and personnel; (2) specified incidental transfers of personnel, liabilities, records, and funds; and (3) interim appointments. Subtitle D: United States Trade Administration - Sets forth congressional findings with respect to the expansion of U.S. trade. (Sec. 17411) Establishes the United States Trade Administration (USTA) to be administered by the United States Trade Representative (USTR). Deems the USTA to be the successor to the Department of Commerce for purposes of protocol in any trade-related matter. (Sec. 17412) Directs the USTR, among other things, to: (1) exercise primary responsibility for developing international trade policy, including the initiation of international trade negotiations; (2) establish a national export strategy; and (3) promote new opportunities for U.S. products and services to compete in the world marketplace. Makes the USTR a member of the National Economic Council, as well as chairperson of the Trade Promotion Coordinating Committee and Deputy Chairman of the National Advisory Council on International Monetary and Financial Policies. (Sec. 17413) Establishes USTA officers, including a Deputy Administrator, two Deputy USTR's, and a General Counsel. (Sec. 17431) Transfers to the USTR of the USTA all functions of: (1) the USTR and the Office of the USTR in the Executive Office of the President; (2) specified officers and employees of the Department of Commerce; and (3) the Secretary of Commerce under specified trade Acts. Renames the United States and Foreign Commercial Service the United States Trade Service (USTS). Abolishes all functions of the USTS, except its foreign operations. Transfers all functions of USTS to the USTR. Establishes a Director General of Trade who shall head the USTS. (Sec. 17433) Abolishes the Trade and Development Agency. (Sec. 17434) Transfers the functions of the Committee for the Implementation of Textile Agreements (CITA) to the USTR, except for functions related to the determination of the existence of serious damage or actual threat thereof to the domestic U.S. textile industry, which are transferred to the International Trade Commission (ITC). Abolishes the CITA. (Sec. 17435) Directs the USTR to transmit to the Congress a comprehensive plan to consolidate Federal trade programs and activities. (Sec. 17441) Sets forth administrative provisions, including establishment of a working capital fund. (Sec. 17461) Amends the Trade Expansion Act of 1962 to revise the composition of the Interagency Trade Organization to replace the Secretary of Commerce with representatives of such other Federal agencies as the USTR shall designate. (Sec. 17462) Amends the National Security Act of 1947 to include the USTR in the National Security Council. (Sec. 17463) Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the USTR with respect to trade matters under consideration by the Fund. (Sec. 17471) Makes conforming amendments to the Trade Act of 1974. Amends the Foreign Service Act of 1980 to authorize the USTR (currently, the Secretary of Commerce) to utilize the Foreign Service personnel system with respect to certain personnel. (Sec. 17492) Provides for interim appointments and personnel and funding reductions. (Sec. 17494) Authorizes appropriations. Subtitle E: Patent and Trademark Office Corporation - Patent and Trademark Office Corporation Act of 1995 - Chapter 1: Patent and Trademark Office - Establishes the Patent and Trademark Office as a wholly owned Government corporation. Requires the Office to maintain an office in the district in which its principal office is located. Authorizes the Office to retain and use all of its revenues and receipts in carrying out its functions. (Sec. 17513) Vests management of the Office in the Commissioner of Patents and Trademarks, who shall be appointed by the President for a six-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall not be subject to provisions governing Federal employees, with specified exceptions. Sets forth provisions regarding carryover of personnel, employee protection, labor agreements, termination rights, retirement, competitive status, and savings provisions. (Sec. 17514) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner. (Sec. 17515) Repeals provisions subjecting the Commissioner's performance to the direction or approval of the Secretary of Commerce. (Sec. 17516) Amends the Trademark Act of 1946 to revise the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members. (Sec. 17517) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions which are vested in the Office by this subtitle, including the transfer of residual and unappropriated balances within the Patent and Trademark Office Surcharge Fund. Chapter 2: Effective Date; Technical Amendments - Makes this subtitle effective six months after its enactment. (Sec. 17532) Makes technical and conforming amendments. Subtitle F: Miscellaneous Provisions - Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1994 expenditures for the performance of such function. (Sec. 17613) Requires the Comptroller General to report annually to the Congress on the costs, if any, during the preceding year that were incurred by U.S. exporters as a result of the transfer of functions of the Bureau of Export Administration of the DOC, or as a result of the limitation on expenditures on the DOC. Title XVIII: Welfare Reform - (Bill text to be supplied.) Title XIX: Contract Tax Provisions - (Bill text to be supplied.) Title XX: Budget Process - (Bill text to be supplied.)

To amend the Clean Air Act to modify the reformulated gas program.

United States · United States Congress · 17 October 1995

Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to include requirements for the use of renewable oxygenates in reformulated gasoline regulations.

Comprehensive One-Call Notification Act of 1995

United States · United States Congress · 13 October 1995

Comprehensive One-Call Notification Act of 1995 - Directs the Secretary of Commerce to provide for the establishment of a nationwide toll-free telephone number to be used by State one-call notification systems to protect underground facilities from excavation damage. Requires each State to consider whether to adopt a comprehensive statewide one-call notification program containing all elements required under this Act. Outlines required elements of the program, including prior notification of any intended excavations and its application to all excavators and underground facility operators. Permits a State to elect not to require a person to contact the one-call notification system if the person owns or leases the property and operates all underground facilities at the excavation site. Provides penalties for violations of the requirements of a program, as well as enforcement procedures. Directs the Secretary to make grants to States (or to operators of State notification systems) which have elected to adopt or establish and maintain a notification system with all required elements. Allows grants for alternative programs if they are at least as protective of the public health and safety and environment as a State program under this Act. Directs the Secretary to: (1) coordinate the implementation of this Act with appropriate Federal agencies; (2) review and report to the Congress on the extent to which Department of Commerce programs and procedures could be used to achieve the purposes of this Act; (3) develop and make available to States a model State one-call notification program, with suggested elements; and (4) develop public service announcements and other materials to educate the public about one-call notification systems and the national phone number. Requires each State to provide an initial and annual status reports on progress made in implementing a State program. Allows States to implement more protective notification systems than that required under this Act. Expresses the sense of the Congress that equipment and products purchased with funds made available under this Act should be American-made. Requires notification of such preference to the recipients of assistance under this Act.

Deutsch-brasilianische Umwelt-Initiative (G-SIG: 13052785)

Germany · German Bundestag · 13 October 1995

Safe Drinking Water Act Amendments of 1996

United States · United States Congress · 12 October 1995

Safe Drinking Water Act Amendments of 1995 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to make capitalization grants to States to establish State drinking water treatment revolving loan funds. Authorizes State Governors to transfer amounts between such funds and water pollution control revolving funds established under the Clean Water Act. Requires the Administrator to reserve one and one-half percent of drinking water funds for capitalization grants to Indian tribes for the improvement of public water systems. Authorizes the Administrator to make such grants to the District of Columbia and specified U.S. territories. Authorizes: (1) States to reserve a certain amount of such grants for technical assistance for small public water systems; and (2) the Administrator to make grants to Alaska for the benefit of Alaska Native villages. Requires the Administrator, beginning in FY 1999, to withhold a specified percentage (five percent for FY 1999, ten percent for FY 2000, and 15 percent for each subsequent fiscal year) of each capitalization grant made to a State unless the State has met specified requirements under this Act regarding new system capacity. Sets forth provisions regarding: (1) projects eligible for assistance, including assistance for disadvantaged communities, and source water quality protection and capacity development; and (2) State loan fund administration, technical assistance, and management. Requires: (1) States to prepare annual intended use plans for funds; (2) priority for the use of funds to be given to projects that address the most serious risk to human health, that are necessary to ensure compliance with specified requirements (including filtration requirements), and that assist most in need on a per household basis according to State affordability criteria; and (3) each State, after notice and opportunity for public comment, to publish and periodically update a list of projects in the State that are eligible for assistance, including the priority assigned to each project and the expected funding schedule for each project. Directs the Administrator to: (1) conduct annual reviews and audits as the Administrator considers appropriate, or require each State to have the reviews and audits independently conducted, in accordance with specified single audit requirements; (2) submit to the Congress a periodic survey and assessment of the needs for facilities in each State eligible for assistance; (3) conduct an evaluation of the effectiveness of the State loan funds through FY 1999; and (4) publish such regulations and guidance as necessary. Specifies that the failure or inability of any public water system to receive funds, or a delay in obtaining the funds, shall not alter the obligation of the system to comply in a timely manner with all applicable drinking water standards and requirements under the Act. Authorizes appropriations. Directs the Administrator to reserve: (1) $10 million for health effects research on specified drinking water contaminants, giving priority to research concerning the health effects of cryptosporidium, disinfection byproducts, and arsenic and for the implementation of a research plan for subpopulations at greater risk of adverse effects; (2) $2 million to pay the costs of monitoring for unregulated contaminants; and (3) specified sums for small system technical assistance. (Sec. 4) Requires the Administrator to publish a maximum contaminant level goal (MCLG) and promulgate a national primary drinking water (NPDW) regulation for each contaminant (with exceptions) for which a NPDW regulation has been promulgated as of the date of this Act's enactment if the Administrator determines, based on adequate data and appropriate peer-reviewed scientific information and an assessment of health risks, that the contaminant may have an adverse effect on the health of persons and the contaminant is known to occur, or there is a substantial likelihood that it will occur, in public water systems with a frequency and at levels of public health concern. Directs the Administrator: (1) not later than July 1, 1996, to publish and periodically update a list of contaminants that are known or anticipated to occur in drinking water provided by public water systems that may warrant regulation; and (2) at such time as such list is published, to describe available and needed information and research regarding the health effects of the contaminants, their occurrence in drinking water, and treatment techniques and other feasible means to control the contaminants. Requires (with exceptions) the Administrator, by July 1, 2001, and every five years thereafter, to take one of the following actions for not fewer than five contaminants: (1) publish a determination that information available to the Administrator does not warrant the issuance of an NPDW regulation; (2) publish a determination that an NPDW regulation is warranted and proceed to propose an MCLG and NPDW regulation not later than two years after the date of publication of the determination; and (3) propose an MCLG and NPDW regulation. Sets forth provisions regarding insufficient information to make, and the basis for, such determinations. Requires the Administrator to give priority to those contaminants not currently regulated that are associated with the most serious adverse health effects and that present the greatest potential risk to human health due to their presence in drinking water provided by public water systems. Sets forth provisions regarding public comment and judicial review. Authorizes the Administrator to promulgate an interim NPDW regulation for a contaminant to address an urgent threat to public health. Sets forth provisions regarding: (1) schedules for publication of MCLGs and NPDW regulations; (2) substitution of contaminants; and (3) promulgation, by December 31, 1995, of an information collection rule to facilitate further revisions to the NPDW regulation for disinfectants and disinfectant byproducts, including information on microbial contaminants such as cryptosporidium. (Sec. 5) Requires the Administrator, in carrying out the Act, to: (1) use the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices, and data collected by accepted or best available methods; and (2) ensure that the presentation of information on public health effects is comprehensive, informative, and understandable. Directs the Administrator to conduct a cost-benefit analysis for each NPDW regulation containing a maximum contaminant level (MCL) or treatment technique before it is proposed, including consideration of alternative MCLs or treatment requirements. Authorizes appropriations. (Sec. 6) Permits the MCLG for contaminants that are known or likely to cause cancer in humans to be set at a level other than zero if the Administrator determines, based on the best available, peer- reviewed science, that there is a threshold level below which there is unlikely to be any increase in cancer risk and the Administrator sets the MCLG at that level with an adequate margin of safety. Requires the Administrator, at the time he or she proposes an NPDW regulation, to publish a determination as to whether the benefits of the MCL justify, or do not justify, the costs. Authorizes the Administrator to establish an MCL for a contaminant at a level other than the feasible level if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by: (1) increasing the concentration of other contaminants in drinking water; or (2) interfering with the efficacy of drinking water treatment techniques or processes that are used to comply with other NPDW regulations. Authorizes the Administrator, if he or she determines that the benefits of an MCL would not justify the cost of complying with the level, to promulgate an MCL for the contaminant that maximizes health risk reduction benefits at a cost that is justified by the benefits, with an exception. Prohibits the Administrator from establishing an MCL in a Stage I or Stage II NPDW regulation for contaminants that are disinfectants or disinfection byproducts, or to establish an MCL or treatment technique requirement for the control of cryptosporidium. Sets forth provisions regarding: (1) judicial review; (2) disinfectants and disinfectant byproducts; and (3) review of standards. (Sec. 7) Requires the Administrator to promulgate NPDW regulations for: (1) arsenic according to a specified schedule and develop and carry out a comprehensive plan for research in support of drinking water rulemaking and take other specified steps regarding assessment, proposed regulation, and final regulation for arsenic; (2) radon, providing for an MCL of 3,000 picocuries per liter; and (3) sulfates. (Sec. 10) Directs the Administrator to propose a regulation that describes treatment techniques that meet the requirements for filtration that are feasible for community water systems serving a population of 3,300 or fewer and noncommunity water systems. (Sec. 12) Directs the Administrator to issue guidance or regulations regarding system treatment technologies. Authorizes the Administrator to make grants to institutions of higher learning to establish and operate not fewer than five small public water system technology assistance centers in the United States. (Sec. 13) Revises the variance provisions of the Act to: (1) allow public water systems to receive a variance on the condition that they install and operate best available treatment technology; and (2) authorize the Administrator (or a State with primary enforcement responsibility for public water systems) to grant to public water systems serving a population of 10,000 or fewer a variance for compliance with a requirement specifying an MCL or treatment technique contained in an NPDW regulation if a system cannot afford to comply with the regulation and adequate protection of public health is ensured. (Sec. 15) Requires each State to: (1) obtain the legal authority or other means to ensure that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1996, demonstrate technical, managerial, and financial capacity with respect to each NPDW regulation in effect, or likely to be in effect, on the date of commencement of operations; (2) prepare, periodically update, and submit to the Administrator a list of community water systems and nontransient, noncommunity water systems that have a history of significant noncompliance and report to the Administrator; and (3) develop and implement a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity. Directs the Administrator to support: (1) the States in developing capacity development strategies; and (2) the network of university-based Environmental Finance Centers in providing training and technical assistance to State and local officials in developing the capacity of public water systems, including the establishment of a national public water systems capacity development clearinghouse. Authorizes appropriations. (Sec. 16) Requires public water systems receiving assistance from a State Revolving Loan Fund to be operated by a trained and certified operator. Authorizes the Administrator to withhold funds that would otherwise be allocated to the State, or require the repayment of an amount equal to the amount of any such assistance, for noncompliance. (Sec. 17) Directs each State to: (1) delineate the source water protection areas for community water systems in the State using hydrogeologic information considered to be reasonably available and appropriate by the State; and (2) conduct vulnerability assessments in source water areas determined to be a priority by the State. Authorizes States to establish source water quality partnership petition programs to assist in the local development of a voluntary, incentive-based partnership to reduce the presence in drinking water of contaminants and to obtain Federal and State financial or technical assistance. (Sec. 18) Extends the date for submitting State regulations to retain primacy for new or revised drinking water standards. Grants States interim primary enforcement authority. Authorizes appropriations. (Sec. 19) Requires the Administrator to review existing monitoring requirements for not fewer than 12 contaminants within two years. Authorizes: (1) States to establish alternative monitoring programs, except for regulations applicable to a microbial contaminant or an indicator of such a contaminant, subject to specified requirements; and (2) the Administrator or a State to suspend quarterly monitoring requirements applicable to small systems for any contaminant (other than a microbial contaminant or such an indicator that causes an acute effect or a contaminant formed in the treatment process or distribution system) that is not detected during the first quarterly sample in a monitoring cycle. Directs the Administrator to promulgate regulations establishing the criteria for a monitoring program for unregulated contaminants and to list up to 20 contaminants. Requires all systems serving more than 10,000 people to monitor for such contaminants. Authorizes appropriations. Requires the Administrator to establish a national database containing information on the occurrence of regulated and unregulated contaminants. (Sec. 20) Requires each owner or operator of a public water system to give notice to those served by the system: (1) of any failure of the system to comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, an NPDW regulation or to perform required monitoring; (2) if the system is subject to a variance granted for an inability to meet a maximum contaminant level requirement or is subject to a granted exemption, of the existence of the variance or exemption and of any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption; and (3) of the concentration level of any unregulated contaminant for which the Administrator has required public notice. Directs the Administrator to prescribe the manner, frequency, form, and content for giving notice. Specifies that such regulations shall provide for different frequencies of notice based on the differences between violations that are intermittent or infrequent and violations that are continuous or frequent and shall take into account the seriousness of any potential adverse health effects that may be involved. Permits a State to establish alternative notification requirements. Sets forth reporting requirements. (Sec. 21) Revises enforcement provisions of the Act to permit enforcement actions to be taken by both EPA and a State with primary enforcement responsibility. Directs the Administrator to notify local elected officials before taking enforcement actions against public water systems in nonprimacy States. Authorizes the Administrator or a State to suspend enforcement action with respect to a violation for a two-year period if the violation is to be corrected through a consolidation or restructuring during that period. Requires States to adopt administrative penalties of at least $1,000 per violation for large systems. Increases the maximum amount for an administrative penalty imposed by EPA from $5,000 to $25,000 per violation, but only after a hearing on the record. (Sec. 22) Waives the sovereign immunity of Federal agencies, subject to specified limitations. Allows citizens and States to seek penalties for all violations of the Act at Federal facilities. (Sec. 23) Authorizes appropriations for research with respect to the safe supply of drinking water. Directs the Administrator to: (1) develop and periodically update an integrated risk characterization strategy for drinking water quality; and (2) develop and carry out a research plan to support the development and implementation of rules regarding enhanced surface water treatment, disinfectant and disinfection byproducts, and ground water disinfection. Sets forth reporting requirements. (Sec. 24) Revises the definition of "public water system" to include water for human consumption through pipes or other constructed conveyances. Excludes from regulation connections to non-piped systems where alternative water supplies or treatment to levels that are equivalent to NPDW regulations is provided before the water is used for drinking or cooking. (Sec. 25) Authorizes the Administrator to makes grants to States for the development and implementation of State programs for the protection of groundwater resources. Prohibits any such grant from being used for more than half of the cost of the program. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the extent and seriousness of contamination of private sources of drinking water that are not regulated under this Act. Authorizes the Administrator to reestablish a partnership between the Robert S. Kerr Environmental Research Laboratory and the National Center for Ground Water Research, a university consortium, to conduct research, training, and technology transfer for groundwater quality protection and restoration. (Sec. 26) Prohibits the use (after June 19, 1986, in the installation or repair of any public water system or in any plumbing in a facility providing water for human consumption) or sale (effective two years after this Act's enactment) of any pipe, or plumbing fitting or fixture, that is not lead free, with exceptions. Directs the Administrator to: (1) provide accurate and timely technical information and assistance to qualified third-party certifiers in the development of voluntary standards and testing protocols for the leaching of lead from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion; and (2) promulgate regulations setting a health effects-based performance standard establishing maximum leaching levels from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion if a voluntary standard is not established within a year. Repeals Federal law encouraging the use of geothermal heat pumps that return water to the distribution lines of public water systems. (Sec. 27) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to issue a regulation establishing a quality level for each contaminant in bottled water or make a finding that a regulation is unnecessary to protect the public health because the contaminant is contained in water in the public water systems and not in water used for bottled drinking water. (Sec. 28) Directs the Administrator to: (1) identify and rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) estimate the private and public costs associated with each source of pollution and the costs and benefits of complying with regulations designed to protect against risks associated with such sources and those associated with major Federal actions selected by the Administrator that have the most significant impact on human health or the environment; (3) identify reasonable opportunities to achieve significant risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on human health, the environment, or public welfare; (4) identify, explain, and determine research that would reduce uncertainties associated with the risks; and (5) consider and estimate the monetary and other values of the benefits associated with reducing risk to human health and the environment. Sets forth reporting requirements. Directs the Science Advisory Board to conduct a technical review of Administrator's report in public session before submission to the Congress. (Sec. 29) Authorizes the Chief of the Army Corps of Engineers to modernize the Washington Aqueduct. Authorizes appropriations. Modifies the membership of the National Drinking Water Advisory Council to include two members representing small, rural water systems.

Federal Land Exchange Improvement Act of 1995

United States · United States Congress · 11 October 1995

Federal Land Exchange Improvement Act of 1995 - Amends the Federal Land Policy and Management Act of 1976 to increase the value of public land available for "approximately equal value" exchanges out of Federal ownership. Requires: (1) funds received by the Secretary of Agriculture or the Secretary of the Interior to be deposited in a special land exchange Treasury fund, subject to a monetary ceiling (excess amounts to go into Treasury miscellaneous receipts); and (2) certain environmental and endangered species related activities as part of the exchange process. Exempts public or National Forest System lands minor boundary adjustment exchanges from equal value requirements. Amends Federal law to eliminate the exchange restriction on Oregon and California railroad grant lands. Amends Federal law to permit National Forest land exchanges for public school purposes only if the land was in use during the five-year period ending on the date of conveyance. (Current law permits exchange if in use as of January 12, 1983.) Amends the Bankhead-Jones Farm Tenant Act to waive the public use requirement for exchanges under such Act.

Befragung der Bundesregierung (G-SIG: 13000579)

Germany · German Bundestag · 11 October 1995

Bonn-Konzept aus Anlaß des Hauptstadtbeschlusses vom 20.6.1991, Sanierung des Schürmann-Baus, Umzug von Bundesrat und Bundeskanzleramt nach Berlin; Bericht zur Konvention über die biologische Vielfalt

European Environment Agency/European Environment Information and Observation Network (Reg. 1210/90)

European Union · European Parliament · 9 October 1995

155 Mr. Andrews asked the Minister for Tourism and Trade the future strategy of his Department within GATT in the post-Uruguay environment. [14162/95]

Ireland · Dáil Éireann · 5 October 1995

155 Mr. Andrews asked the Minister for Tourism and Trade the future strategy of his Department within GATT in the post-Uruguay environment. [14162/95]

146 Mr. Killeen asked the Minister for Tourism and Trade the future strategy of his Department within GATT in the post-Uruguay environment. [14153/95]

Ireland · Dáil Éireann · 5 October 1995

146 Mr. Killeen asked the Minister for Tourism and Trade the future strategy of his Department within GATT in the post-Uruguay environment. [14153/95]

155 Mr. Andrews asked the Minister for Tourism and Trade the future strategy of his Department within GATT in the post-Uruguay environment. [14162/95]

Ireland · Dáil Éireann · 5 October 1995

155 Mr. Andrews asked the Minister for Tourism and Trade the future strategy of his Department within GATT in the post-Uruguay environment. [14162/95]

146 Mr. Killeen asked the Minister for Tourism and Trade the future strategy of his Department within GATT in the post-Uruguay environment. [14153/95]

Ireland · Dáil Éireann · 5 October 1995

146 Mr. Killeen asked the Minister for Tourism and Trade the future strategy of his Department within GATT in the post-Uruguay environment. [14153/95]

27 Mr. Dempsey asked the Minister for Tourism and Trade the future strategy of his Department within GATT in the post-Uruguay environment. [14039/95]

Ireland · Dáil Éireann · 5 October 1995

27 Mr. Dempsey asked the Minister for Tourism and Trade the future strategy of his Department within GATT in the post-Uruguay environment. [14039/95]

Accelerated Cleanup and Environmental Restoration Act of 1995

United States · United States Congress · 29 September 1995

TABLE OF CONTENTS: Title I: Community Participation Title II: State Role Title III: Voluntary Cleanup Title IV: Selection of Remedial Actions Title V: Liability Allocations Title VI: Federal Facilities Title VII: Natural Resource Damages Title VIII: Miscellaneous Title IX: Funding Accelerated Cleanup and Environmental Restoration Act of 1995 - Title I: Community Participation - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to establish Community Response Organizations (CROs) to solicit views on issues affecting remedial action plans. Authorizes technical assistance grants to citizen groups of two or more who may be affected by the release or threatened release of a hazardous substance, pollutant, or contaminant on the State registry or National Priorities List (NPL). Adds provisions designed to improve public participation in the Superfund decisionmaking process and requiring the Administrator to consider community remedial action alternatives in the same manner as alternatives proposed by potentially responsible parties. Title II: State Role - Amends CERCLA to add provisions requiring the Administrator, upon application by a State, to delegate authority to perform functions (including risk analysis, remedy selection, remedial design, remedial operation, allocation of liability, and enforcement) with respect to one or more non-Federal listed facilities in the State. Prescribes application and performance procedures. Provides for the removal of delegated facilities from the NPL and the deposit of recovered costs in the Hazardous Substances Superfund. Directs the Administrator to provide grants to States to carry out delegated functions. Title III: Voluntary Cleanup - Adds new provisions to CERCLA requiring the Administrator to provide technical and other assistance to States to establish and expand qualifying State voluntary response programs, including oversight and enforcement programs. (Sec. 302) Defines "brownfield facility" to mean a parcel of land containing abandoned or underused commercial or industrial property, the expansion or redevelopment of which is complicated by the presence or potential presence of a hazardous substance. Excludes from the definition seven specific categories of facilities, including: NPL facilities, facilities under administrative or judicial cleanup orders, and U.S.-owned facilities. Directs the Administrator to establish a program to provide interest-free loans of up to $200,000 to local government entities and Indian tribes for site characterization and assessment of brownfield facilities. Prescribes loan ranking and application procedures. (Sec. 303) Amends CERCLA's definition of "owner or operator" for purposes of determining cleanup liability to exclude persons not participating in facility management who hold an indicium of ownership primarily to protect a security interest. Adds a definition of "fiduciary" and limits fiduciary liability. Delimits liability of lenders. (Sec. 304) Amends the Federal Deposit Insurance Act to provide that, with specific exceptions, a Federal banking or lending agency shall not be liable under any law imposing strict liability for the release or threatened release of a hazardous substance from a facility acquired through receivership or conservatorship, through a loan or financial assistance, or in connection with a civil or criminal proceeding or administrative enforcement action. Prescribes rules of construction. (Sec. 305) Adds to CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site. (Sec. 306) Limits liability of bona fide prospective purchasers so long as they do not impede response actions or natural resource restoration. (Sec. 307) Requires that the standards developed by the American Society for Testing and Materials (ASTM) be used to determine innocent landholder status. Title IV: Selection of Remedial Actions - Amends CERCLA to add definitions of "actual or planned or reasonably anticipated future use of the land and water resources," "significant ecosystem," and other terms. (Sec. 402) Establishes revised procedures for selection and implementation of remedial actions. Requires selection of the most cost-effective means of achieving the goals of protecting human health and the environment, using specified criteria and allowing for technical impracticability and unreasonable cost. States that a remedial action shall not be required to attain any standard that would be legally applicable under any other Federal or State law except in cases involving the transfer of hazardous waste off-site. (Sec. 403) Adds new provisions regarding the use and requirements of facility-specific risk evaluations. Requires EPA to issue regulations that promote a realistic characterization of risk that neither minimizes nor exaggerates the risks and potential risks posed by a facility or a proposed remedial action. (Sec. 404) Establishes procedures, in lieu of any other law, for conducting remedial investigations, feasibility studies, records of decisions, remedial designs, and remedial actions. (Sec. 405) Prescribes procedures and time frames for final EPA notice of completion of remedial action and delisting of a facility. Provides for release from further liability for facilities available for unrestricted use. Requires seven-year reviews by EPA of facilities not available for unrestricted use. (Sec. 406) Sets forth transition rules for facilities involved in remedy selection on the date of enactment of this Act. (Sec. 408) Revises the National Contingency Plan to prohibit the Administrator, when listing a site on the NPL, from including property at which no release has occurred but to which a contaminant had migrated in groundwater. Title V: Liability Allocations - Adds new provisions allocating liability for multiparty facilities. Differentiates mandatory, requested, and permissive allocations. Prescribes allocation process procedures, including time frames, selections of allocators, reports, orphan shares, and de minimis settlements. (Sec. 502) Excludes response action contractors from the definition of "owner or operator." Amends the national uniform negligence standards. Revises procedures governing EPA decisions to indemnify response action contractors. Limits actions against response action contractors. (Sec. 503) Requires nonconfidential CERCLA records and reports to be released within 14 days after the information is obtained. (Current law provides no time limit for public availability.) (Sec. 505) Adds provisions which include religious, charitable, scientific, and educational organizations as owner-operators. Limits the liability of such organizations. (Sec. 506) Adds provisions limiting the liability of railroad owners or operators of spur tracks. Title VI: Federal Facilities - Amends CERCLA to revise provisions governing the transfer of authorities vested in the Administrator to allow States to apply to exercise such authorities at any U.S. facility located in the State. Prescribes procedures governing such transfers. (Sec. 602) Directs the Secretary of Energy, after providing Federal, State, and local agencies notice and opportunity for comment, to submit to the President annual lists identifying the Department of Energy (DOE) environmental cleanup requirements that cannot be met within the Department's budget request for environmental management activities. Requires inclusion of such information in the President's annual budget request. Allows for one list revision following appropriations funding. States that, with specified exceptions, no action seeking to impose civil or criminal sanctions under any law may be commenced against the United States, its employees, or DOE contractors with respect to failure to comply with DOE environmental cleanup requirements by reason of lack of funds appropriated specifically for such purposes during a fiscal year for which such cleanup requirement was on the list. (Sec. 603) Amends CERCLA to add provisions allowing the President to designate Federal facilities listed on, or proposed for listing on, the NPL to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. (Sec. 604) Amends provisions governing assessment and evaluation of Federal facility listings: (1) to allow notice of uncontaminated parcels; and (2) to include as a factor in determining priorities the extent to which the Federal land holding agency has arranged with the Administrator or a State to respond. Title VII: Natural Resource Damages - Amend CERCLA's definition of "natural resource" to add language that the resource is committed for use by the general public. States that a resource shall be considered to be committed for use by the general public only if, at the time of the act of disposal giving rise to liability, the resource is subject to a public use or to a planned public use, for which there is an authorized and documented legal, administrative, budgetary, or financial commitment. Adds definitions for "baseline," "compensatory restoration," and other terms. Revises provisions governing liability for costs and damages for release, or threatened release, of a hazardous substance, to limit recovery to the restoration of baseline ecological services. Requires that recovered sums shall be used for restoration. (Previous law provided for use to restore, replace, or acquire the equivalent.) Revises the measure of damages to provide that damages shall be limited to the reasonable costs of restoration and of assessing damages, disallowing recovery under CERCLA for impairments of non-use values. Prohibits double recoveries. Prohibits recovery of costs of compensatory restoration for a natural resource injury, destruction, or loss that occurred prior to December 11, 1980. Limits recovery for the costs of primary restoration. Requires selection of the most cost-effective method of achieving restoration. Sets dollar amount limitations on the aggregate liability of all parties for costs of compensatory restoration. Eliminates the rebuttable presumption and imposes revised methods of damage assessment, requiring district courts to try de novo the issue of defendant liability and the issue of the amount of liability. Requires, on judicial review of claims challenging trustee decisions, that the court hold unlawful and set aside actions, findings, and conclusions found to be unsupported by substantial evidence. Revises procedures governing the issuance of regulations for damage assessments, requiring that regulations identify, specify, and take into consideration four specific elements, including the ability of a natural resource to recover naturally and the availability of replacement or alternative resources. Requires biennial review of such regulation. Prohibits the Administrator from selecting a remedial action that goes beyond the measures necessary to protect human health and the baseline ecological services of the environment. Prohibits the imposition of liability for natural resource injuries resulting from a response action or remedial action selected by the Administrator. Revises CERCLA statutes of limitations. Title VIII: Miscellaneous - Revises National Contingency Plan guidelines for the National Hazardous Substances Response Plan to add procedures governing the conduct of response evaluations, including a requirement that such procedures use a results-oriented approach and other expedited actions in order to minimize response time and exposure hazards. (Sec. 802) Limits new NPL listings to 30 sites per year for the next three years. Requires prioritization of and State concurrence with such sites. States that the Administrator's authority to add sites to the NPL expires in three years. (Sec. 804) Amends the Solid Waste Disposal Act to exempt remediation waste from specified regulations, including those that bar storage and land disposal of untreated hazardous waste. Title IX: Funding - Amends CERCLA to authorize appropriations from the Fund of $8.5 billion for FY 1996 through 2000. (Sec. 902) Allows payment of orphan shares as a use of the Fund. (Sec. 903) Authorizes funds for Agency for Toxic Substances and Disease Registry activities. (Sec. 904) Sets limitations for FY 1996 through 2000 of $20 million per year for alternative or innovative technologies research, development, and demonstration programs and training, $20 million for hazardous substance research, and $5 million for university research centers. (Sec. 905) Authorizes appropriations to the Fund through FY 2000. (Sec. 906) Sets limits on funding of qualifying State voluntary response programs, brownfield cleanup assistance, and community response organizations. Specifies that collected recoveries will be credited as offsetting collections. (Sec. 907) Allows use of the Fund to reimburse potentially responsible parties following the results of an audit showing costs are unallowable or should be adjusted.

A bill to amend the Solid Waste Disposal Act regarding management of remediation waste, certain recyclable industrial materials, and certain products, co-products, and intermediate products, and for other purposes.

United States · United States Congress · 29 September 1995

Amends the Solid Waste Disposal Act to define "remediation waste" as: (1) solid and hazardous waste generated by the remediation, removal, containment, or stabilization of solid waste released to the environment or media and debris contaminated as a result of a release (a "remediation activity"); and (2) debris and media generated by such an activity that contain a listed hazardous waste or waste identified as having such characteristics ("identified characteristic wastes"). Excepts from certain hazardous waste disposal requirements media and debris generated by a remediation activity that are identified characteristic wastes or listed wastes or that contain such wastes. Excepts from any permit requirements treatment, storage, or disposal of remediation waste conducted entirely at the facility at which the remediation takes place. Excepts from the hazardous waste management requirements of the Act: (1) any person that manages remediation waste that is identified characteristic waste or listed waste or that contains such waste and that is subject to a Federal or State order, consent agreement, State voluntary cleanup program, or other mechanism considered appropriate by the Administrator of the Environmental Protection Agency, unless the requirements are specified in such mechanism; and (2) certain recyclable industrial materials (those that would otherwise be deemed identified characteristic waste or listed waste and that are intended for recycling by use, reuse, or reclamation), related materials, and materials resulting from a manufacturing process that contemplates further processing, with exceptions. Adds requirements for the management of recyclable industrial materials relating to storage, the timetable for recycling, documentation by persons that manage the material, and inspections and enforcement by the Administrator. Requires the Administrator to promulgate regulations specifying that the point at which a solid waste is determined to be an identified characteristic waste or listed waste shall not be before the point at which the waste exits a closed system and is exposed to the environment or is discharged to a waste management unit, whichever occurs first. Revises procedures regarding the delisting (exclusion) of waste generated at a particular facility to: (1) modify procedures for granting or denying a petition; and (2) require the Administrator to issue a regulation defining constituent levels below which a solid waste shall not be considered a hazardous waste subject to regulation. Sets interim constituent levels applicable until such issuance. Allows the Administrator, by regulation and notwithstanding certain standards for disposal permits and public participation, to alter hazardous waste treatment and disposal requirements applicable to a solid waste that is an identified characteristic waste or listed waste and that contains hazardous constituents in an amount not greater than ten times the amount below which a solid waste shall not be deemed a hazardous waste. Permits the Administrator to use the authorities contained in other Acts that give regulatory authority to the Administrator if the Administrator determines that a health or environmental risk associated with the management of solid waste can be eliminated or reduced to a sufficient extent by actions taken under such authorities and the Administrator has a mandate to address that risk within five years after enactment of this Act.

To amend subtitle D of the Solid Waste Disposal Act, and for other purposes.

United States · United States Congress · 29 September 1995

Amends the Solid Waste Disposal Act to authorize States, if requested by an affected local government, to prohibit the disposal of out-of-State municipal solid waste (OSW) in landfills or incinerators subject to their jurisdiction. Permits States to limit the quantity of OSW received at landfills and incinerators excepted from such prohibition to an annual amount equal to or greater than the quantity received during 1993. Authorizes States that imported more than 750,000 tons of OSW in 1993 to limit the amount of such waste received for disposal at landfills and incinerators that are not covered by host community agreements in the importing State as follows: (1) in 1997, 95 percent of the amount exported to the State in 1993; (2) in 1998 through 2003, 95 percent of the amount exported to the State in the previous year; and (3) in 2004 and each succeeding year, 65 percent of the amount exported in 1993. Establishes limitations on waste exports to landfills or incinerators not covered by host community agreements or permits authorizing receipt of OSW. Prohibits States from exercising authorities under this Act: (1) if such action would result in the violation of a host community agreement or a permit issued from the State to receive OSW; or (2) except as otherwise provided, in a manner that would require landfills or incinerators covered by the exception to reduce the amount of OSW received from any State to an annual quantity less than that received during 1993. Makes the authority to prohibit the disposal of OSW inapplicable to landfills and incinerators that: (1) received documented shipments of such waste during 1993; (2) in the case of landfills, are in compliance with all applicable Federal and State laws and regulations relating to operation, design and location, leachate collection, groundwater monitoring, and financial assurance for closure and corrective action; or (3) in the case of incinerators, are in compliance with applicable requirements of the Clean Air Act and State laws and regulations relating to facility design and operations. Permits disposal of such waste at facilities that are not in compliance with applicable Federal and State laws and regulations unless disposal of waste that is generated within the State is also prohibited. Lists conditions under which host community agreements are prohibited.

To amend the Emergency Planning and Community Right-to-Know Act of 1986 and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to modify certain notice requirements, and for other purposes.

United States · United States Congress · 29 September 1995

(Sec. 1) Amends the Emergency Planning and Community Right-to-Know Act of 1986 to modify notice requirements regarding releases of extremely hazardous substances (or releases of other substances subject to Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) notification requirements) to require notification by the owner or operator of the facility at which the chemical is produced, used, or stored to emergency planning officials within one hour of having knowledge (under current law, "immediately") that a release has occurred. Permits an exception to the one hour requirement in the event of unusual or extenuating circumstances. Allows such notice to be given (in addition to the community emergency coordinator and State emergency planning commission, as under current law) to a State agency authorized by State law to receive the notification and requires such an agency to then notify the State emergency response commission within two hours. (Sec. 2) Amends CERCLA to modify notice requirements regarding releases of hazardous substances to require notification by the person in charge of the vessel or facility within one hour of having knowledge of the release (under current law, "as soon as he has knowledge"). Allows such notice to be given (in addition to the National Response Center established under the Clean Water Act, as under current law) to the State emergency response commission or a State agency authorized by State law to receive the notification. Requires the National Response Center to convey the notification to all appropriate government agencies within two hours and provides a similar time period for notification of the Center or both the Center and the commission if first received by the emergency response commission or the authorized State agency, respectively. Allows an exception to the one hour requirement similar to the one provided by the right-to-know amendments of this Act. Revises penalties for failure to notify to conform with this Act's amendments.

Endangered Species Habitat Conservation Act of 1995

United States · United States Congress · 29 September 1995

Endangered Species Habitat Conservation Act of 1995 - Amends the Endangered Species Act (the Act) to extend through FY 2000 the authorization of appropriations for: (1) the Departments of the Interior, Commerce, and Agriculture in carrying out provisions of the Act; (2) the Endangered Species Committee and related activities with respect to exemptions from the regulatory provisions of the Act; and (3) implementation of the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere. Outlines required contents of petitions filed by interested persons to have a species either added to or removed from an endangered or threatened species list. Requires the Secretary of the Interior, once such information is provided, to: (1) notify and request comments from affected States; (2) promptly commence a review of any new information provided by the petition; and (3) publish in the Federal Register each finding made. Directs the Secretary, on the basis of the best scientific and commercial data available, to develop overall standards for the development and implementation of a plan for the conservation and recovery of each species listed as endangered or threatened (recovery plan), as well as the habitats upon which such species depend. Outlines administrative provisions concerning such recovery plans, including: (1) plan development time limits; (2) the delegation of recovery plan development authority to appropriate State agencies and oversight by the Secretary after such delegation; (3) the development of recovery plans by joint Federal-State panels in lieu of development by a State agency (providing membership and other requirements of such panels); (4) priorities required of the Secretary in developing and implementing such plans; (5) recovery plan contents; (6) recovery plan implementation agreements between appropriate Federal and State agencies; (7) review by the Secretary, at least every three years, of approved State recovery plans; (8) public outreach requirements; (9) the coordination of recovery plan requirements with related Federal laws and regulations; and (10) the continued effectiveness of existing recovery plans, requiring the Secretary to revise such plans to comply with requirements of this Act. Directs the Secretary, if requested by an interested person during the public comment period prior to making a determination for a species, to request the views of three referees, chosen for their scientific or educational background. Requires such views to be received within 30 days after such request and requires the Secretary to make a summary of such views available to each affected State and interested person. Directs the Secretary to base a species determination on such views and the preponderance of scientific data.

65 Mr. O'Malley asked the Minister for the Environment when it is proposed to establish a national vehicle testing authority to carry out independent compulsory testing for car worthiness under EU regulations; and if he will make a statement on the matter. [12545/95]

Ireland · Dáil Éireann · 27 September 1995

65 Mr. O'Malley asked the Minister for the Environment when it is proposed to establish a national vehicle testing authority to carry out independent compulsory testing for car worthiness under EU regulations; and if he will make a statement on the matter. [12545/95]

42 Mr. E. Ryan asked the Minister for the Environment the costing and benefits of tax urban renewal areas such as Temple Bar; if he has satisfied himself with existing urban renewal schemes; and if he intends to change these in the future. [12637/95]

Ireland · Dáil Éireann · 27 September 1995

42 Mr. E. Ryan asked the Minister for the Environment the costing and benefits of tax urban renewal areas such as Temple Bar; if he has satisfied himself with existing urban renewal schemes; and if he intends to change these in the future. [12637/95]

41 Mr. N. Ahern asked the Minister for the Environment the plans, if any, he has for greater co-ordination and linkage between rent allowances and local authority housing lists. [13495/95]

Ireland · Dáil Éireann · 27 September 1995

41 Mr. N. Ahern asked the Minister for the Environment the plans, if any, he has for greater co-ordination and linkage between rent allowances and local authority housing lists. [13495/95]

40 Miss Quill asked the Minister for the Environment the steps, if any, he proposes to take to facilitate the introduction and enforcement, on an EU-wide legal basis, of measures necessary to protect EU citizens from environmental health hazards emanating from another member state. [13542/95]

Ireland · Dáil Éireann · 27 September 1995

40 Miss Quill asked the Minister for the Environment the steps, if any, he proposes to take to facilitate the introduction and enforcement, on an EU-wide legal basis, of measures necessary to protect EU citizens from environmental health hazards emanating from another member state. [13542/95]

39 Mr. Dempsey asked the Minister for the Environment the plans he has to implement the EU regulations in relation to compulsory testing of motorcars. [13557/95]

Ireland · Dáil Éireann · 27 September 1995

39 Mr. Dempsey asked the Minister for the Environment the plans he has to implement the EU regulations in relation to compulsory testing of motorcars. [13557/95]

38 Mr. Dempsey asked the Minister for the Environment the plans, if any, he has to arrange for independent efficiency and value for money audits of the bodies within his remit. [13556/95]

Ireland · Dáil Éireann · 27 September 1995

38 Mr. Dempsey asked the Minister for the Environment the plans, if any, he has to arrange for independent efficiency and value for money audits of the bodies within his remit. [13556/95]