Environment

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]

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]

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]

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

United States · United States Congress · 27 September 1995

Makes continuing appropriations for FY 1996 for continuing projects and activities, including the costs of direct loans and loan guarantees, conducted in 1995 and for which appropriations or other authority would have been available in the following Acts: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1966; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996; (3) the Department of Defense Appropriations Act, 1996; (4) the District of Columbia Appropriations Act, 1996; (5) the Energy and Water Development Appropriations Act, 1996; (6) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996; (7) the Department of the Interior and Related Agencies Appropriations Act, 1996; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996; (9) the Legislative Branch Appropriations Act, 1996; (10) the Military Construction Appropriations Act, 1996; (11) the Department of Transportation Appropriations Act, 1996; (12) the Treasury, Postal Service, and General Government Appropriations Act, 1996; and (13) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996. Sets the rates of such funding. Sets forth limitations on the use of such funds. (Sec. 112) Requires that whenever the rate for operations for any continuing project or activity provided for which there is a budget request would result in a furlough of Government employees, that rate for operations may be increased to a level that would enable the furlough to be avoided. (Sec. 113) Requires, with exceptions, that for those programs that had high initial rates of operation or complete distribution of funding at the beginning of FY 1995 because of distributions of funding to States, foreign countries, grantees, or others, similar distributions of funds for FY 1996 shall not be made and no grants shall be awarded for such programs funded by this resolution that would impinge on final funding prerogatives. (Sec. 115) Requires that the rate of operations for any continuing project or activity that have not been increased shall be reduced by five percent but shall not be reduced below the minimum level defined or below the level that would result in a furlough. (Sec. 116) Provides that section 132 of the District of Columbia Appropriations Act of 1988 (which provides that amounts appropriated for the Federal Payment to the District of Columbia shall not be subject to apportionment) shall not apply for this joint resolution. Provides for including in the apportionment for the Federal Payment to the District of Columbia an additional $217 million. (Sec. 117) Requires that the authority and conditions for the application of appropriations of the Office of Technology Assessment, as contained in House Report 104-212, shall be followed when applying the funding made available by this joint resolution. (Sec. 120) Requires the Securities and Exchange Commission's Salaries and Expenses account to include, in addition to direct appropriations, the amount it collects under the fee rate and offsetting collection authority. (Sec. 121) Requires that funding be made available for the necessary expenses of the Bureau of Mines for: (1) continuing limited health and safety and related research, materials partnerships, and minerals information activities; (2) mineral assessments in Alaska; and (3) terminating all other activities of the Bureau of Mines. (Sec. 122) Requires, with certain exceptions, that funds for the Environmental Protection Agency shall be made available in the appropriation accounts which are provided in H.R. 2099 as reported on September 13, 1995.

Proposal for a COUNCIL DECISION ON THE RECOGNITION OF THE SPANISH STANDARD UNE 77-801(2)-94, ESTABLISHING SPECIFICATION FOR ENVIRONMENTAL MANAGEMENT SYSTEMS, IN ACCORDANCE WITH ARTICLE 12 OF THE COUNCIL REGULATION (EEC) N. 1836/93 OF 29 JUNE 1993, ALLOWING VOLUNTARY PARTICIPATION BY COMPANIES IN THE INDUSTRIAL SECTOR IN A COMMUNITY ECO-MANAGEMENT AND AUDIT SCHEME

European Union · European Commission · 27 September 1995

Proposal for a COUNCIL DECISION ON THE RECOGNITION OF IRISH STANDARD IS310:FIRST EDITION, ESTABLISHING SPECIFICATION FOR ENVIRONMENTAL MANAGEMENT SYSTEMS, IN ACCORDANCE WITH ARTICLE 12 OF THE COUNCIL REGULATION (EEC) N. 1836/93 OF 29 JUNE 1993, ALLOWING VOLUNTARY PARTICIPATION BY COMPANIES IN THE INDUSTRIAL SECTOR IN A COMMUNITY ECO-MANAGEMENT AND AUDIT SCHEME

European Union · European Commission · 27 September 1995

Proposal for a COUNCIL DECISION ON THE RECOGNITION OF THE BRITISH STANDARD BS7750: 1994, ESTABLISHING SPECIFICATION FOR ENVIRONMENTAL MANAGEMENT SYSTEMS, IN ACCORDANCE WITH ARTICLE 12 OF THE COUNCIL REGULATION (EEC) N. 1836/93 OF 29 JUNE 1993, ALLOWING VOLUNTARY PARTICIPATION BY COMPANIES IN THE INDUSTRIAL SECTOR IN A COMMUNITY ECO-MANAGEMENT AND AUDIT SCHEME

European Union · European Commission · 27 September 1995

A bill to amend the Solid Waste Disposal Act to improve management of remediation waste, and for other purposes.

United States · United States Congress · 26 September 1995

Amends the Solid Waste Disposal Act to define "remediation waste" as a solid waste or any medium generated during implementation of a remedial action plan (RAP) (a document issued, entered into, or approved by the Administrator of the Environmental Protection Agency (EPA) or a program State, as defined in this Act, to ensure that such waste is managed in a manner protective of human health and the environment). Directs a State that has a remediation waste management program authorized under this Act (a "program State") to exercise compliance with respect to a RAP in the program State. Directs the Administrator to exercise such authority with respect to a plan in a nonprogram State. Provides a rule for the management of remediation waste where a RAP provides for management of such waste in a State other than the State in which it is generated. Allows a State with a hazardous waste program authorized under the Act to obtain interim authorization to carry out its remediation waste management program after certifying to the Administrator that the State has the authority to control the management of remediation waste in a manner that is protective of human health and the environment, resources to administer and enforce such authority, and procedures to ensure public notice and opportunity for comment on RAPs submitted to the State. Provides for issuance of final authorization of the State's program by the Administrator not later than 18 months after it submits a certification. Provides a similar, but more extended procedure for remediation waste management programs of States without authorized hazardous waste programs. Provides for issuance by the Administrator of compliance orders for violations of RAP requirements, but requires notice to a State by the Administrator of violations of remedial waste management requirements contained in a RAP before commencing action to enforce compliance. Allows the Administrator to issue an order or commence an enforcement action if after 30 days the State does not take appropriate action to require compliance with RAP requirements. Excepts from hazardous waste classification petroleum-contaminated media and debris that fail the test for toxicity characteristics due to organics issued by the Administrator under hazardous waste identification and listing provisions and that are subject to corrective action under the underground storage tank provisions.

Surface Mining Control and Reclamation Amendments Act of 1995

United States · United States Congress · 21 September 1995

Surface Mining Control and Reclamation Amendments Act of 1995 - Amends the Surface Mining Control and Reclamation Act of 1977 to: (1) repeal certain oversight functions of the Office of Surface Mining Reclamation and Enforcement; (2) provide for an approved State program for surface coal mining and reclamation operations which shall apply in that State in lieu of the Act; (3) declare the Act inapplicable to surface coal mining and reclamation operations within a State with an approved State program until such program has been amended, and the permittee has been provided reasonable time to conform operations to the amended program; and (4) declare that operations in compliance with a permit issued under the Act shall be deemed to be in compliance with its environmental protection standards and those of an approved State or Federal program pursuant to the Act. Amends enforcement guidelines to grant a State regulatory authority sole enforcement responsibility for the Act and relevant State law, subject only to State administrative and judicial review. Confers enforcement responsibility for Federal water quality laws (including State law enacted pursuant thereto) upon the regulatory authority approved by the Federal Environmental Protection Agency. Revises judicial review guidelines to: (1) repeal the provision that availability of judicial review of a State regulatory authority does not limit the operation of rights with respect to citizens' suits to compel compliance with Federal law; and (2) declare that an action by the Secretary of the Interior regarding inadequate State enforcement is subject to judicial review by the U.S. district court for the district which includes the capital of the State whose program is at issue. Establishes a three-year statute of limitations for an enforcement proceeding under this Act. Excludes public roads from the regulatory purview of the Act.

Endangered Natural Legacy Protection Act of 1995

United States · United States Congress · 21 September 1995

Endangered Natural Legacy Protection Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to authorize the Secretary of the Interior to enter into a voluntary conservation agreement for up to five years with any State, Indian tribe, or local government, upon request, to prevent endangerment and to promote the conservation of: (1) an endangered or threatened species (candidate species); (2) other declining species which are dependent on the same ecosystem or located within the same habitat as a candidate species; or (3) other species, rare habitats, or regional biological diversity, as appropriate. Authorizes: (1) consideration of a conservation agreement to be initiated by the Secretary or a State, Indian tribe, or local government; and (2) the Secretary to provide technical or other appropriate assistance for the development of such an agreement. Sets forth provisions regarding: (1) contents of such agreements; (2) determinations whether the agreement will achieve the required goals; (3) return of proposed agreements for modification; (4) amendments to conservation agreements; and (5) annual reports and review. Directs the Secretary to establish a Conservation Planning Fund from which the Secretary may make interest-free advances to States, Indian tribes, or local governments to assist in the development of plans. (Sec. 6) Amends the Act to require the Secretary, upon receipt of a petition or specified information, to promptly determine whether any species is no longer endangered or threatened due to: (1) a significant change in the factor or factors upon which the original determination was based; (2) the identification of new scientific information regarding population size or other relevant data; (3) the achievement of certain criteria as identified in the recovery plan for that species; or (4) a change in the appendix of the Convention under which that species is listed. Requires the Secretary: (1) concurrently with making a determination that a species is endangered or threatened, to publish in the Federal Register and local newspapers a list of those specific acts which are prohibited and to hold at least one public hearing in each State affected by such prohibitions; and (2) as part of the recovery plan for a threatened or endangered species, to designate critical habitat for that species, if appropriate. Authorizes the Secretary to make available any additional information through the Community Assistance Program. Revises or sets forth provisions regarding: (1) State, tribal, and foreign government participation; (2) peer review; (3) listing priorities; and (4) petitions to list, delist, or downlist. (Sec. 7) Revises provisions of the Act to require the Secretary, on the basis of the best scientific and commercial data available, to develop and implement recovery plans for the timely conservation of endangered and threatened species. Specifies that the goals of a recovery plan shall be to eliminate or reduce the factors that resulted in a determination that the species is threatened or endangered and to achieve recovery for that species. Directs the Secretary: (1) and each affected State to jointly appoint a Recovery Team to develop the recovery plan; (2) to seek to minimize adverse social and economic consequences that may result from implementation of recovery plans; and (3) to give priority to the development and implementation of recovery plans which are integrated, multispecies recovery plans, which would preserve regional or local biodiversity, or which are for those species that are most likely to benefit from recovery plans. Sets forth provisions regarding: (1) the contents of recovery plans; (2) recovery plan consistency with the goals of the Act; (3) public review, comment, and reporting requirements; (4) monitoring the status of species; and (5) existing recovery plans. (Sec. 8) Requires the Secretary to seek to work cooperatively with private landowners in the conservation of threatened and endangered species and to minimize adverse social and economic consequences that may result from efforts to conserve such species. Sets forth priorities in developing recovery plans. Directs the Secretary to establish: (1) a Community Assistance Program; (2) a private landowner cooperative agreement program; and (3) voluntary incentive programs for conserving species on private lands. (Sec. 9) Requires the Secretary to develop and propose regulations that will ensure timely conclusion of consultations under the Act regarding interagency cooperation. (Sec. 10) Authorizes: (1) habitat conservation plans to cover multiple species or habitats; (2) any State, Indian tribe, local government, or other person to develop and submit to the Secretary a habitat conservation plan to conserve and manage multiple species or habitats. Directs the Secretary to: (1) issue standards and guidelines for the development and approval of habitat conservation plans; and (2) approve a permit application for a multiple species conservation plan if specified conditions are met. (Sec. 11) Authorizes appropriations.

To amend the Clean Air Act to further protect and enhance the public interest by ensuring an orderly transition from chlorofluorocarbons (CFCs) and halons to substitute compounds, and for other purposes.

United States · United States Congress · 20 September 1995

Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency, notwithstanding provisions for the accelerated phase-out of class I substances (primarily chlorofluorocarbons and halons) or any other provision of law, to promulgate regulations allowing the production of chlorofluorocarbons and halons listed as class I substances to the extent that production does not exceed the limitations set forth in production phase-out schedules, thus superseding any previous regulation relating to the phase-out of the production or consumption of such substances. Permits any unused allowances of any producer or consumer to be equitably redistributed to other producers and consumers. Amends the Internal Revenue Code to reduce the base tax amount, effective with calendar year 1996, used to calculate the amount of the excise tax on ozone-depleting chemicals.

COMMUNICATION FROM THE COMMISSION on the conclusion by the European Communities of the Energy Charter Treaty and of the Energy Charter Protocol on energy efficiency and related environmental aspects

European Union · European Commission · 20 September 1995

Proposal for a COUNCIL AND COMMISSION DECISION on the conclusion by the European Communities of the Energy Charter Treaty and of the Energy Charter Protocol on energy efficiency and related environmental aspects

European Union · European Commission · 20 September 1995

An Act to amend title 38, United States Code, to extend the authority of the Secretary of Veterans Affairs to carry out certain programs and activities, and for other purposes.

United States · United States Congress · 19 September 1995

Extends through December 31, 1998, the authority of the Department of Veterans Affairs to provide: (1) hospital care and medical services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service; and (2) outpatient services to such veterans. Extends through December 31, 1997: (1) the authority to contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities; (2) the authority of a pilot program for furnishing veterans with noninstitutional alternatives to nursing home care (requires a report); (3) the Department's health professionals scholarship program (requires a report); (4) the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases of Department real property (requires a report); (5) the authority under the Veterans' Benefits and Services Act of 1988 for a pilot program providing community-based residential care for homeless chronically mentally ill veterans; and (6) the Department's compensated work therapy and therapeutic transitional housing program. Extends through December 31, 1998, the authority under the Homeless Veterans Comprehensive Service Programs Act of 1992 for a pilot program to expand and improve Department benefits and services to homeless veterans. Extends through FY 1998 the authorization of appropriations for such pilot program. Directs the Secretary to report to the Congress on the advantages and disadvantages of consolidating specified veterans' programs. Directs the Secretary to review and report to the veterans' committees on the scientific evidence concerning military service during the Persian Gulf War and any disease associated with such service. Repeals the authority of the Secretary to make contracts and grants for providing care and treatment for veterans at the Department's Veterans Memorial Medical Center in the Philippines. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to authorize the display of the POW-MIA flag on the grounds of Department medical centers on any day in which the U.S. flag is displayed. Authorizes the Secretary to contract for the provision of utilities to the Audie L. Murphy Memorial Hospital in San Antonio, Texas. Designates the Department of Veterans Affairs Medical Center in Walla Walla, Washington, as the Jonathan M. Wainwright Department of Veterans Affairs Medical Center.

Endangered Species Recovery and Conservation Incentive Act of 1995

United States · United States Congress · 19 September 1995

Endangered Species Recovery and Conservation Incentive Act of 1995 - Requires the Secretary of the Interior, within two years after the listing of an animal or plant as endangered under this Act, to develop a plan for the conservation or recovery of the endangered species, or upon finding that such a plan will not promote the conservation or recovery of such species, to develop a conservation or recovery statement. Requires the Secretary: (1) in developing and implementing the plans, to give priority to those endangered species that are most likely to benefit; and to those endangered species that are more genetically complex, taxonomically unique or ecologically, medicinally, or economically valuable; and (2) to give priority to the latter with respect to developing statements. Requires each such plan or statement to include: (1) site-specific conservation or recovery actions; (2) criteria for removal from the endangered species list; (3) time estimates for carrying out measures; (4) species population goals and current population estimates; (5) social and economic benefits of species conservation; and (6) a description and the status of animals of the same species or sub-genus. Sets forth provisions regarding: (1) procedures for making the draft of a plan or statement available for public comment; (2) approval of the plan or statement; (3) public notification of such approval; (4) amendment of the plan; (5) outside assistance for the development of a plan or statement; and (6) applicability of the Federal Advisory Committee Act to recovery teams. Allows the Secretary, upon determining that it will contribute to the conservation or recovery of an endangered species, to provide scientific, technical, administrative, or financial assistance to private, State, or lesser government entities to: (1) establish voluntary agreements with non-Federal land owners for up to 25 years to improve, maintain, or create habitat for endangered species; (2) promote conservation through commerce by providing assistance to, entering into agreements with, or otherwise encouraging for-profit and not-for-profit companies, organizations, and individuals involved in such activities; (3) acquire property from willing sellers; and (4) take other nonregulatory conservation or recovery measures. Directs the Secretary to: (1) establish a system of awards and rewards for participation in voluntary and cooperative programs that further the conservation or recovery of endangered species; and (2) maintain a public database of information valuable to the conservation of endangered species. Authorizes the Secretary to enter into a cooperative agreement with any State that is designed to directly further the management of endangered species or their habitat and thereby promote the conservation or recovery of such endangered species through the provision of scientific, technical, or managerial assistance or through the provision of contracts. Allows the Secretary to provide scientific, technical, or administrative assistance to other Federal agencies to promote the conservation or recovery of endangered species. Requires the Secretary to: (1) assess whether major Federal projects will directly and significantly reduce the likelihood that an endangered species may be conserved or recovered; and (2) transmit such findings to the Federal agencies conducting the projects and to the Congress. Defines, for purposes of this Act, "major Federal project" to mean any individual Federal undertaking, permit, or license directly resulting in a Federal expenditure of more than $2 million. Authorizes the Secretary to bring an action to enjoin any activity which the Secretary can reasonably demonstrate to destroy an endangered species or its habitat and to bring one additional action to enjoin such activity if attempts, during the injunction, to negotiate a voluntary conservation agreement with the property owner are unsuccessful. Sets forth provisions governing: (1) limitations on such injunctions; (2) orders to enter a property to capture or collect and remove endangered species that otherwise face imminent damage or destruction; (3) U.S. liability for all damages and losses incurred by a property owner resulting from such entry; (4) acquisition of property pursuant to this Act; and (5) a requirement for the Secretary to monitor the success of voluntary agreements and other voluntary efforts under this Act in conserving and recovering endangered species. (Sec. 5) Requires the Secretary to determine whether any animal or plant is endangered based on: (1) the present or imminent destruction, adverse modification, or curtailment of a significant portion of its habitat or range; (2) disease or predation; (3) an extremely limited range or population; (4) other adequate and verifiable scientifically valid data indicating natural or manmade factors adversely affecting the species' continued existence. Allows the Secretary of Commerce to recommend to the Secretary of the Interior that an animal or plant is endangered and that it should be enumerated in, or removed from, the list of endangered species published under this Act. Requires such action to be implemented if the Secretary of the Interior concurs. Prohibits inclusion of an animal or plant in such list or its removal from the list without a prior favorable determination made by the Secretary of Commerce. Sets forth provisions regarding: (1) the procedures and requirements for determining whether an animal or plant should be included in, or removed from, the list; (2) an emergency listing of animals or plants determined to be in danger of imminent extinction; (3) the effectiveness of such determination for up to one year; (4) a one time renewal of such emergency listing; (5) termination of the effectiveness of such emergency determination after the date of its publication in the Federal Register; and (6) the establishment of an emergency listing. Requires the Secretary of the Interior, within one year of determining that an animal or plant is endangered, to determine whether recovery is a feasible goal for the endangered species and to publish such determination and the basis for it in the Federal Register. Requires the Secretary to publish in the Federal Register and make available to the public through electronic means a list of every animal and plant for which there is in effect a determination by the Secretary or the Secretary of Commerce that the animal or plant is endangered. Sets forth provisions regarding: (1) petitions for judicial review by persons who may be directly and substantially affected by actions taken or determination or finding pursuant to this Act; (2) court standards in reviewing such petitions; and (3) the definition of "substantial evidence" when applicable to any act or determination under this Act which is reviewable under the Administrative Procedure Act. Requires the Secretary to implement a system, in cooperation with the States, to monitor effectively for at least five years the status of all animals and plants which: (1) have recovered to the point at which the measures provided pursuant to this Act are no longer necessary; and (2) have been removed from the list. Requires the Secretary to report biennially to the President and to the Congress on efforts to conserve and recover endangered species. (Sec. 6) Sets forth civil or criminal penalties for: (1) directly and intentionally killing or physically injuring a member of any vertebrate species which is properly included in the list, except that uses of endangered species such as hunting, fishing, captive propagation, and harvesting that contribute to the endangered animal's survival or conservation shall be allowed; (2) knowingly and intentionally violating an injunction or order issued pursuant to this Act; (3) in knowing violation of this Act, maliciously and in the pursuit of personal gain as a direct result thereof, intentionally killing or directly and intentionally physically injuring a member of a vertebrate species which is properly included in the published list or a member of an endangered species while trespassing on private property or while in a National Park or National Wildlife Refuge. Sets forth civil penalties for intentionally capturing, collecting, or trapping, and for directly and intentionally killing or directly and intentionally physically insuring, any listed vertebrate animal or plant on any property subject to the jurisdiction of the United States, while trespassing on private property, or while on federally owned lands within a National Park and National Wildlife Refuge. Sets forth provisions: (1) prohibiting penalties from being imposed upon a defendant, under certain conditions, who was acting to protect himself or herself or other individuals from bodily harm or to protect private property from significant damage; and (2) specifying as a defense against charges brought under this Act that the defendant had the owner's consent and the animal or plant was owned before the date of inclusion of its taxonomic unit on the list or that it was the progeny of such animal or plant or was otherwise lawfully acquired. Allows the Secretary to waive the violations in this Act to protect public health and safety or for national security or a national, regional, or local emergency. Directs the Secretary, under certain conditions, to permit persons or States to commit actions to contribute to furthering the conservation of an endangered species. (Sec. 7) Directs Federal departments and agencies to conserve or recover endangered species on Federal lands and, with the owner's consent, on State and private lands and to utilize their authorities in furtherance of the purposes of this Act. Requires Federal agencies to cooperate with State and local agencies to resolve water resource issues in concert with conservation or recovery of endangered animals and plants in a manner consistent with, and governed by, State water law. Prohibits water rights protected under State law from being injured or adversely affected in carrying out this Act without just compensation. Provides that this Act shall not be construed so as to modify the allocation of water among or between States pursuant to either interstate compacts or decisions of the United States Supreme Court. Requires the Secretary to make the following information available by electronic means such as Internet and to seek to make access to such information available at minimal cost and inconvenience to those seeking the information: (1) notices issued by the Secretary under this Act that would appear in the Federal Register or other forums of public notice; (2) recovery or conservation plans and statements; (3) the list; (4) the biennial report to the President and to the Congress; and (5) other materials received regarding or produced in implementing this Act. (Sec. 8) Establishes the Endangered Species Recovery Fund in the Treasury to be made available to the Secretary to carry out this Act. Provides that nothing in this Act authorizes the Secretary, except with respect to federally designated wilderness areas, to: (1) establish or impose any user or admission fees for lands for which such a fee is not in effect on this Act's enactment; (2) increase that portion of any user or admission fee which shall be directed to the Fund by more than one dollar; or (3) direct any more than that amount from such fee to the Fund. Requires the Secretary to establish and issue to individuals a Lifetime User Pass for a fee not to exceed $500 which shall permit such individual to enter National Parks, National Wildlife Refuges, National Recreation Areas, National Seashores, National Lakeshores, or National Monuments. Allows the Secretary to accept donations from the public to carry out this Act, with the exception of donations from persons having business with, or matters pending before, the Secretary's department. (Sec. 9) Sets forth provisions regarding: (1) a 100 percent property tax credit for private property or a portion thereof that is managed to promote the conservation or recovery of an endangered species by providing habitat which is used or occupied by an endangered species; and (2) a credit of up to 100 percent for expenditures for furthering the conservation or recovery of an endangered species pursuant to an agreement entered into with the Secretary under this Act. (Sec. 10) Authorizes the Secretary to undertake activities to further the conservation or recovery of endangered species by the collection, storing, and use of: (1) genetic materials, eggs, sperm, or tissue of endangered animals; and (2) genetic material, seeds, or tissue of endangered plants. (Sec. 11) Amends the Endangered Species Act (the Act) to define "harm" for purposes of such Act to mean an intentional and direct action that injures or kills any member of an endangered or threatened species of fish or wildlife other than as an unintended consequence of otherwise lawful activity. Prohibits an action permitting activity on private property from being subject to the requirements or procedures outlined in such Act. Prohibits the Secretary from taking actions under the Act to determine endangered and threatened species and to designate critical habitat. Sets forth provisions regarding: (1) inclusion of, or removal from, the list of species determined to be endangered or threatened pursuant to the Act; and (2) compensation to a owner of property whose use of any portion of that property has been limited by an action taken after this Act's enactment that diminishes the fair market value of such portion by 20 percent or more. Authorizes appropriations.

Farm Security Act of 1995

United States · United States Congress · 18 September 1995

TABLE OF CONTENTS: Title I: Commodity Programs Title II: Conservation Farm Security Act of 1995 - Title I: Commodity Programs - Amends the Agricultural Act of 1949 (Act) to direct the Secretary of Agriculture (Secretary) to establish an Adjustment Account to make payments to wheat and feed grain producers participating in the revised marketing loan program established by this Act and the current marketing loan program. Sets forth revised programs for 1996 through 2002 marketing loans and loan deficiency payments. Requires cost limitations if such programs' costs exceed a specified level. (Sec. 103) Provides for: (1) single crop acreage base for wheat, feed grains, and oilseeds; and (2) crop acreage bases for cotton and rice. (Sec. 104) Amends the Food Security Act of 1985 to: (1) revise and extend certain program payment limitations; and (2) replace the three-entity rule (consideration as separate entities for limitations purposes) with a direct attribution rule (based upon ownership percentage). (Sec. 105) Amends the Act to suspend oilseed, wheat, and feed grain price supports through 2002. (Sec. 106) Extends the following provisions: (1) supplemental set-aside and acreage limitation authority; (2) deficiency and land diversion payments; (3) acreage base and yield system; (4) payment limitations; (5) adjustment of established and support prices; (6) normally planted acreage; (7) food security wheat reserve; and (8) National Agricultural Cost of Production Standards Review Board. Title II: Conservation - Amends the Food Security Act of 1985 to establish an environmental quality incentives program which shall combine into a single program the functions of: (1) the agricultural conservation program; (2) the Great Plains conservation program; (3) the water quality incentives program; and (4) the Colorado River Basin salinity control program. Sets forth minimum funding levels. Directs the Secretary to designate watersheds or regions of special environmental sensitivity as conservation priority areas. Sets forth program provisions.

National Highway System Designation Act of 1995

United States · United States Congress · 18 September 1995

TABLE OF CONTENTS: Title I: National Highway System Title II: Highway Funding Restoration Title III: Miscellaneous Provisions National Highway System Designation Act of 1995 - Title I: National Highway System - Designates the National Highway System (NHS) as submitted by the Secretary of Transportation on September 1, 1995. Authorizes the Secretary of Transportation to submit to specified congressional committees for approval a proposed modification of the NHS, subject to specified requirements, which shall take effect only if a law has been enacted approving such modification. Sets forth provisions regarding: (1) initial proposed modifications to the NHS; (2) congressional high priority corridors; and (3) interim eligibility for Federal highway funds. Title II: Highway Funding Restoration - Highway Funding Restoration Act of 1995 - Directs the Secretary to allocate among the States specified amounts for Interstate highway substitute, NHS, surface transportation program, Interstate, congestion mitigation and air quality improvement program, bridge, hazard elimination, and rail- highway crossings projects (State High Priority Project Restoration Program, hereinafter referred to as the High Priority Program) for FY 1996 and 1997. Specifies allocation percentages by State. Provides that such allocations shall not affect a State's minimum allocation of Federal-aid highway funds or specified allocations under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). Sets forth provisions regarding: (1) the period of availability; (2) a special rule for the obligation of allocations in urbanized areas with a population of over 200,000; and (3) limits on planning expenditures. Authorizes appropriations. (Sec. 204) Rescinds funds from various previously authorized projects and from unobligated balances of funds previously made available and derived from the Highway Trust Fund (HTF). Reduces the authorized funding levels for certain programs (regarding magnetic levitation and highway safety) funded from the HTF for FY 1996 and 1997. Transfers certain funds (regarding the Congestion Pricing Pilot Program) derived from the HTF made available for such fiscal years to carry out the High Priority Program. (Sec. 205) Directs the Secretary: (1) to notify each State of the total amount of the reduction in authorized funds for FY 1996 that would have been allocated and apportioned to such State, as a result of specified ISTEA provisions; and (2) in determining such amount, to deduct the amount allocated to each State in FY 1996 pursuant to the High Priority Program and certain other amounts available for FY 1996. Requires: (1) each State to designate on or before November 1, 1995, or as soon as possible thereafter, unobligated balances of funds apportioned or allocated on or before September 30, 1995, and which are subject to the obligation ceiling, that may be made available for any purpose currently eligible under the Minimum Allocation Program; and (2) the Secretary to make such funds available to the States before November 15, 1995, or as soon as possible thereafter. Prohibits unobligated balances of funds attributed to urbanized areas with a population of over 200,000 from being designated by the State without the concurrence, in writing, of the Metropolitan Planning Organization (MPO) designated for such area. Sets forth provisions regarding: (1) congestion mitigation and air quality balances; (2) interstate construction balances; (3) periods of availability; and (4) limits on statutory construction. (Sec. 206) Revises provisions regarding the method of distribution of funds made available under the Minimum Allocation Program in FY 1996 and 1997. Sets forth provisions regarding: (1) a special rule for urbanized areas of over 200,000 in FY 1996 and 1997; and (2) funding. (Sec. 207) Prohibits the Secretary from penalizing States for failure to implement various highway and transportation management systems during FY 1996. Repeals a requirement that States meet minimum utilization requirements for asphalt pavement containing recycled rubber and the penalties for failure to meet those requirements. Title III: Miscellaneous Provisions - Directs the Secretary to distribute any limitation otherwise imposed on transit operating assistance so that each urbanized area that had a population of less than 200,000 under the 1990 decennial census will receive for FY 1996 75 percent of the amount the area received under such distribution for FY 1995. Requires the Secretary, in the distribution of such limitation to urbanized areas that had a population under such census of one million or more, to direct each such area to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the area and to consider the needs and resources of such authorities when the limitation is distributed among all transit authorities operating in the area. (Sec. 302) Directs the Secretary to: (1) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan, which shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions (as determined by the Secretary) of future increases in the cost to complete the project; (2) make a recommendation to the Congress on whether or not future Federal assistance should be withheld regarding any such project for which an annual financial plan is not submitted or for which the Secretary determines that the estimates or assumptions are not reasonable; and (3) submit to the Congress an annual report on the financial plans submitted and any such recommendation. (Sec. 303) Prohibits the Secretary of Transportation, after this Act's enactment and before the date on which Federal-aid highway and transit programs are reauthorized, from issuing a letter of intent, or entering into a full financing grant agreement or early systems work agreement for a project or operable segment of a project unless the full amount of Federal financial responsibility for the project or segment has been included in an authorization law. Makes such prohibition inapplicable to any project: (1) for which a letter of intent was issued before this Act's enactment date; and (2) included as an element of an interrelated project which also includes another project for which a letter of intent was issued before such date. (Sec. 304) Requires an annual report on Capital Projects for Fixed Guideway Systems and Extensions of Existing Fixed Guideway Systems to include: (1) an analysis of potential funding requirements of the project in the succeeding five fiscal years; and (2) a description of the planning and study process undertaken to select the locally preferred alternative, and of efforts undertaken to seek alternative funding sources, for the project. (Sec. 305) Repeals the authorization for the Long Beach Metro Link Fixed Rail Project. Reduces the authorization for the Honolulu Rapid Transit Project. (Sec. 306) Modifies various previously authorized transit projects and makes funds available for certain additional projects. (Sec. 307) Adds consideration of recreational travel and tourism to the metropolitan planning process under the transit program. (Sec. 308) Requires that any contract or subcontract awarded for engineering and design services, whether funded in whole or in part with Federal transit funds, be performed and audited in compliance with cost principles contained in the Federal acquisition regulations. Requires the recipient of Federal funds to: (1) accept and use indirect cost rates established by a government agency in accordance with such regulations for one-year applicable accounting periods in estimating, negotiating, and administering contracts; (2) notify affected firms before requesting and using the cost and rate data; and (3) keep such data confidential. Makes this section effective two years after this Act's enactment, but grants a State the option of adopting by statute an alternative process intended to promote engineering and design quality and to ensure maximum competition by professional companies of all sizes providing engineering and design services. (Sec. 309) Allows Federal participation in the construction of ferry boats and terminal facilities that operate between a State and a point in Canada. (Sec. 310) Directs the Secretary to issue guidance to encourage States to utilize private sector sources for surveying and mapping services for highway projects. (Sec. 311) Specifies that the hiring of law enforcement or security personnel is an eligible expense under the transit security program. Allows half of the publicly funded ferry boat service provided to the City of Avalon, California, to be counted under the formula grant transit program. (Sec. 312) Amends the Americans With Disabilities Act of 1990 to require that accessibility requirements for private over-the-road buses be met by small providers within three years, and by other providers within two years, after the issuance of final regulations. (Sec. 313) Makes the Alaska Railroad eligible for certain fixed guideway modernization funds for improvements to its passenger operations. (Sec. 314) Amends Federal transportation law to authorize (current law requires) preemployment alcohol testing of: (1) mass transit, railroad, air carrier, and Federal Aviation Administration employees responsible for safety-sensitive functions; and (2) operators of commercial motor vehicles. (Sec. 315) Provides that a State shall be treated as having met the requirement of having a statewide program for roadside sobriety checkpoints if such a program would violate the constitution of the State and if the State meets certain other safety requirements. Moves from the Supplemental Grants Program to the Basic Grants Program the requirement that a State provide that any person under age 21 with a blood alcohol concentration of .02 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated. (Sec. 316) Directs the Secretary to: (1) conduct a study of technologies and practices to improve the driving performance of older drivers and other special driver groups; (2) undertake demonstration activities which incorporate and build upon gerontology research related to the study of the normal aging process, and initially implement such activities in States with the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode; and (3) carry out the study by entering into a cooperative agreement with an institution that has demonstrated competencies in specified fields. Requires the Secretary: (1) in carrying out the work zone safety program under ISTEA, to utilize a variety of methods to increase safety at highway construction sites, including conferences, creation of a national clearinghouse, and a national promotional campaign; and (2) to conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance of safety in all types of motor vehicles, and determine whether such technology has other appropriate safety applications. (Sec. 317) Amends ISTEA to extend until the reauthorization of the Federal-aid highway and transit programs a temporary waiver from axle weight limitations for any vehicle regularly and exclusively used as an intrastate public agency transit passenger bus. (Sec. 318) Freezes funding allocations under the Congestion Mitigation and Air Quality Program (CMAQ) at the FY 1994 levels for the remaining years of ISTEA, and provides that CMAQ funds may be used for projects for the maintenance of air quality standards. Provides that certain funding equity provisions will not be affected by this section. (Sec. 319) Directs the Secretary to establish a program to require States to conduct an analysis of the life-cycle costs of, and carry out a value engineering analysis for, all projects on the NHS with an estimated total cost of $25 million or more. (Sec. 320) Specifies that transportation conformity requirements only apply to areas that are designated as nonattainment areas and to areas that have been designated at attainment areas but that are still subject to maintenance requirements under the Clean Air Act. (Sec. 322) Exempts certain specialized vehicles operating on the 104-mile portion of Wisconsin State Route 78 and U.S. Route 51 from vehicle weight limitations upon the inclusion of the route as part of the Interstate System. (Sec. 322) Sets forth provisions regarding contracting for engineering and design services funded in whole or in part with Federal-aid highway funds (analogous to provisions under Sec. 308). Repeals a pilot program under ISTEA for uniform audit procedures. (Sec. 323) Includes the Centennial Bridge, Rock Island, Illinois, under provisions relating to toll agreements. (Sec. 324) Prohibits the Secretary, before September 30, 1997, from requiring the States to expend any Federal or State funds to construct, erect, or otherwise place, or modify, a highway sign relating to any speed limit, distance, or other measurement using the metric system. (Sec. 325) Specifies that the Federal ban on outdoor advertising on scenic highways does not restrict the authority of a State with respect to commercial and industrial areas along a scenic byway, nor does it prevent a State from establishing standards stricter than those in Federal law. (Sec. 326) Adds recreational travel and tourism to the factors that must be considered by MPOs in developing transportation plans and programs. (Sec. 327) Allows any non-Federal funds expended for the seismic retrofit of certain toll bridges to be credited toward the non-Federal share required as a condition of receipt of Federal funds for such retrofit made available after the date of the expenditure. (Sec. 328) Specifies that data collected for safety reports or surveys shall not be subject to discovery or admitted into evidence in Federal or State court proceedings. (Sec. 329) Revises the National Recreational Trails Program under ISTEA, including a provision requiring States to provide 20 percent of the program costs in the sixth year of the program. Requires a State to give priority to projects which mitigate and minimize impacts to the environment. Permits a State to apply to the Secretary for an exemption from requirements for the distribution of Federal trail program funds. (Sec. 330) Revises ISTEA regarding the routing of certain existing high priority corridors and adds additional high priority corridors. Designates certain of these routes as future Interstate routes, if they are not already designated, when the Secretary determines that such routes meet Interstate standards and connect to an existing Interstate segment. (Sec. 331) Amends ISTEA to authorize a feasibility study to identify routes that will expedite future emergency evacuations of coastal areas of Louisiana. Directs the Secretary to conduct a study to determine the feasibility of establishing a route for the East-West Transamerica Corridor in West Virginia and Virginia. (Sec. 334) Delineates the route of the East-West Transamerica High Priority Corridor. (Sec. 341) Amends the Federal-Aid Highway Act of 1956 to make the High Street to Causeway Street section of Central Artery project eligible for Interstate construction funds. Makes certain revisions to the Interstate 95 and Pennsylvania Turnpike project authorized by the Surface Transportation Assistance Act of 1982. Prohibits the use of Federal funds to construct Type II noise barriers, other than for projects already approved. (Sec. 342) Directs the Secretary to enter into an agreement modifying an existing agreement that provides Orange County, California, with a line of credit. Allows the Secretary to require an interest rate higher than that previously specified. (Sec. 343) Directs the Secretary to conduct a study: (1) and report to the Congress on the adequacy of and the need for improvements to the Pan American Highway; (2) to determine the cost, need, and efficacy of establishing a highway sign for identifying routes on the NHS; and (3) and report to the Congress on compliance with the Buy American Act with respect to contracts entered into using amounts made available from the HTF. (Sec. 344) Provides that tolls collected for motor vehicles on any bridge connecting the boroughs of Brooklyn and Staten Island, New York, shall continue to be collected for only those vehicles exiting from such bridge in Staten Island. (Sec. 345) Authorizes appropriations for FY 1996 for the National Driver Register. (Sec. 346) Modifies ISTEA provisions to: (1) provide that not less than two and a half percent of the mileage of new or replacement permanent or temporary crashworthy barriers included in awarded contracts along Federal-aid highways within the boundaries of a State in each calendar year shall be innovative crashworthy safety barriers; and (2) define "innovative crashworthy safety barrier" as a barrier, other than a guardrail or guiderail, classified by the Federal Highway Administration as experimental or classified as operational after January 1, 1985, which meets or surpasses the requirements of the National Cooperative Highway Research Program 350 for longitudinal barriers. (Sec. 347) Allows signs, displays, and devices identifying and announcing free motorists aid call boxes and their sponsorship by corporations or other organizations in areas adjacent to the Interstate System and the primary system. (Sec. 348) Repeals: (1) the national maximum speed limit and all related enforcement requirements; and (2) the penalty States face for not having a law requiring individuals on motorcycle to wear a motorcycle helmet. (Sec. 350) Adds safety rest areas to the list of safety projects that qualify for 100 percent Federal funding. (Sec. 351) Sets forth exemptions from requirements relating to commercial motor vehicles and their operators, regarding: (1) transportation of agricultural commodities and farm supplies; (2) transportation and operation of groundwater well drilling rigs; (3) transportation of construction materials and equipment; and (4) snow and ice removal. Authorizes the Secretary: (1) to conduct a rulemaking proceeding to determine whether granting any such exemption is not in the public interest and would have a significant adverse impact on the safety of commercial motor vehicles; and (2) if so, to prevent the exemption from going into effect, modify it, or revoke it). (Sec. 352) Deems traffic control signs erected under the experimental project conducted in the State of Oregon in December 1991 to comply with requirements of the Manual on Uniform Traffic Control Devices of the Department of Transportation. (Sec. 353) Allows the Brightman Street Bridge in Fall River Harbor, Massachusetts, to be reconstructed to result in a clear channel width of less than 300 feet.

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT - FUTURE DEVELOPMENT OF THE MARKET IN DIRECTORIES AND OTHER TELECOMMUNICATIONS INFORMATION SERVICES IN A COMPETITIVE ENVIRONMENT

European Union · European Commission · 18 September 1995

National Institute of Justice Technology Assistance Act of 1995

United States · United States Congress · 14 September 1995

National Institute of Justice Technology Assistance Act of 1995 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to provide assistance to State and local government law enforcement entities to identify, select, develop, modernize, and purchase new technologies to provide a safer environment for police officers and to more efficiently and effectively fight crime. Authorizes appropriations.

To amend the Solid Waste Disposal Act to exempt from the solid waste designation all recoverable materials that are contained, collected, and returned to an industrial process.

United States · United States Congress · 14 September 1995

Amends the Solid Waste Disposal Act to exclude from the definition of "solid waste" any solid or dissolved materials contained, collected, and reused in an on-site production process that prevents releases to the environment.

CAREERS Act

United States · United States Congress · 14 September 1995

TABLE OF CONTENTS: Title I: Workforce Development Infrastructure Subtitle A: State and Local Responsibilities Subtitle B: Amendments to Wagner-Peyser Act Subtitle C: Worker Rights Title II: Youth Development and Career Preparation Consolidation Grant Subtitle A: State Funding Subtitle B: State Organizational, Planning, and Reporting Responsibilities Subtitle C: Subgrants for In-School and At-Risk Youth Subtitle D: National Programs Title III: Adult Employment and Training Consolidation Grant Subtitle A: Adult Employment and Training Consolidation Grant Subtitle B: Federal Programs Title IV: Adult Education and Family Literacy Consolidation Grant and Library Services and Technology Consolidation Grant Subtitle A: Adult Education and Family Literacy Consolidation Grant Subtitle B: Library Services and Technology Consolidation Grant Title V: Amendments to Rehabilitation Act of 1973 Subtitle A: Vocational Rehabilitation Consolidation Grant Subtitle B: Other Amendments to Rehabilitation Act of 1973 Title VI: Higher Education Privatization Title VII: Repealers and Other Amendments Consolidated and Reformed Education, Employment, and Rehabilitation Systems Act (CAREERS Act) - Consolidates and revises workforce development and literacy programs. (Sec. 4) Authorizes appropriations. (Sec. 6) Directs the Secretaries of Education and of Labor to take appropriate steps to provide for the orderly transition from any authority under provisions of statutes amended or repealed by this Act or any related authority under provisions of this Act. Title I: Workforce Development Infrastructure - Provides for the establishment of an infrastructure within the States on which to build a comprehensive system of workforce development and literacy. Subtitle A: State and Local Responsibilities - Requires any State desiring to receive a grant under specified workforce development and literacy (WDL) programs (participant State) to: (1) establish a collaborative process regarding its State system; (2) develop a consolidated State workforce development and literacy plan to be submitted to the Secretaries of Education and of Labor; and (3) otherwise comply with this Act's requirements. (Lists the WDL programs as under: (1) the title II Youth Development and Career Preparation Consolidation Grant; (2) the title III Adult Employment and Training Consolidation Grant; (3) the title IV subtitle A Adult Education and Family Literacy Consolidation Grant; and (4) subtitle A of title V, revising title I of the Rehabilitation Act of 1973 (RA).) (Sec. 106) Requires any participant State to ensure establishment of a Local Workforce Development Board in each local workforce development area that it designates. Requires each local board to develop a biennial local strategic plan to be approved by local government officials. (Sec. 107) Requires participant States to ensure that each local board establishes or designates an integrated career center system in its area. Requires establishment of State criteria for such purpose, to be consistent with specified minimum requirements for such center systems. Sets forth requirements for provision of core services, authorized sites for distribution of career grants, special arrangements, permissible customized services for fees, and alternative State strategies for integrating workforce development programs differently than through such center systems. (Sec. 108) Provides for identification of education, training, and vocational rehabilitation service providers as eligible to receive funds under title III of this Act (and title I of RA), through receipt of career grants or contracts, if they are eligible to participate in student aid programs under the Higher Education Act of 1965 or are determined to be eligible under State-established eligibility procedures, and if they provide certain performance-based information. Exempts providers of on-the-job training from such eligibility requirements. Directs the Workforce Development Board to collect such performance-based information from on-the-job training providers as the Governor may require, and to disseminate such information to the local integrated career center systems. (Sec. 109) Requires each State to use a portion of the funds it receives under this Act to design a unified management information system that meets specified requirements. (Sec. 110) Requires each State receiving funds under this Act to develop, or have developed, a statewide performance accountability system. Sets forth system requirements relating to: (1) indicators of performance; (2) expected levels of performance; (3) challenging levels of performance; (4) reports; (5) consequences for poor performance; and (6) core indicators of performance. (Sec. 111) Sets forth: (1) a limitation on Federal regulations under this Act; (2) a prohibition against mandating that any individual be required to choose a specific career path or major, meet federally funded or endorsed industry-recognized skill standards, or attain federally funded or endorsed skill certificates; and (3) provisions for subsequent repayment of certain disallowed expenditures. Subtitle B: Amendments to Wagner-Peyser Act - Amends the Wagner-Peyser Act to coordinate its provisions with those of this Act. Requires that at least 25 percent of authorized appropriations under such Act be used for the new labor market information program. Eliminates a Federal Advisory Council under such Act. (Sec. 132) Establishes a labor market information program under such Act. Directs the Secretary of Labor to oversee development, maintenance, and continued improvement of a nationwide system of labor market information. Requires such system to be planned, administered, overseen, and evaluated by a cooperative Federal, State, and local governance structure. Provides for such information's confidentiality and immunity from legal process. Directs the Secretary of Labor to: (1) carry out specified duties with respect to collection, analysis, and dissemination of labor market information, including establishing confidentiality standards; and (2) prepare an annual plan, through the Bureau of Labor Statistics, to be the operational mechanism for achieving a cooperative Federal-State governance structure for labor market information. Sets forth State Governor and State agency responsibilities with respect to such information system. Subtitle C: General Provisions - Requires that programs under titles II and III of this Act meet specified worker rights requirements, including: (1) provision of a safe and healthful workplace; and (2) prohibitions on displacements or replacements of certain current or former workers, and on impairment of contracts. (Sec. 142) Authorizes the State Governor, through the collaborative process, to transfer up to ten percent of a State's total allotment under titles II or III between such titles. Title II: Youth Development and Career Preparation Consolidation Grant - Subtitle A: State Funding - Directs the Secretary of Education to: (1) reserve a specified portion of funds under this Act for national programs under subtitle D; and (2) make allotments to States under this Act based on a formula derived from funding allotments under specified provisions of the Carl D. Perkins Vocational and Applied Technology Education Act and the Job Training Partnership Act. Requires that funds under this title supplement, not supplant, non-Federal funds. (Sec. 211) Requires Governors to: (1) make at least 90 percent of such State allotments available to local providers, and to use not more than eight percent for State programs and activities and two percent for administration; (2) allocate 40 percent of the funds for local providers to eligible institutions for school youth programs, 40 percent to local workforce development boards for at-risk youth programs, and ten percent of the remainder to eligible institutions or local boards, with any further remainder to go to either or both of such types of programs; and (3) establish within-State allocation formulas taking into account specified factors. Sets minimum grant amounts for local educational agencies, postsecondary institutions, local development boards, and secondary-postsecondary consortia. Subtitle B: State Organizational, Planning, and Reporting Responsibilities - Sets forth title II requirements for State plans to be submitted to the Secretary of Education. (Sec. 222) Provides that State programs and activities under this title may include an assessment of programs conducted with title II assistance, including development of: (1) program performance indicators and measures; and (2) program improvement and accountability. Lists additional permissible uses of such funds. (Sec. 223) Authorizes States to make performance incentive awards to one or more eligible institutions or local providers that have: (1) exceeded performance goals; (2) implemented exemplary youth development and career preparation programs at the local level; or (3) provided exemplary education services and activities for at-risk youth. Subtitle C: Subgrants for In-School and At-Risk Youth - Requires local workforce development boards and eligible institutions to form partnerships and submit comprehensive youth development and career preparation plans for in-school and at-risk youth, in order to receive subgrants under this subtitle. Authorizes State Governors to develop procedures to resolve issues in disputes within partnerships about local plan contents. (Sec. 232) Directs States to distribute funds for: (1) in-school youth programs to eligible institutions; and (2) at-risk youth programs to local workforce development boards. Chapter 1: In-School Youth - Sets forth certain requirements for eligible institutions' uses of funds for in-school programs, as well as additional permissible uses of such funds. Chapter 2: At-Risk Youth - Sets forth certain requirements for local workforce development boards' uses of funds for at-risk youth programs, as well as additional permissible uses of such funds. (Sec. 246) Requires that the local workforce development board not operate such programs, but contract with eligible providers of (or providers using methodologies with) demonstrated effectiveness in serving the youth development and career preparation needs of at-risk youth. Subtitle D: National Programs - Authorizes the Secretary of Education to directly or indirectly carry out research, development, dissemination, replication of model programs, demonstration programs, evaluation, capacity-building, and technical assistance activities with regard to services under this title, including support for occupational and career information systems. Directs the Secretary to establish a system to disseminate information resulting from research and development activities under this title. (Sec. 252) Directs the Secretary, through the Office of Educational Research and Improvement, to conduct a biennial assessment of services and activities under this title, through competitive awards for independent studies and analyses. (Sec. 253) Authorizes the Secretary to establish one or more national centers for conducting applied research, development, dissemination, and technical assistance activities to improve development and career preparation of youth. Provides that the center in existence on the day before the date of enactment of this Act shall continue to receive assistance in accordance with its current award. Requires such centers to: (1) prepare annual summaries of key research findings, for submission to the Secretaries of Education and of Labor and specified congressional committees; and (2) maintain a data and information clearinghouse. Title III: Adult Employment and Training Consolidation Grant - Subtitle A: Adult Employment and Training Consolidation Grant - Directs the Secretary of Labor to provide a grant for employment, job training, and related assistance for adults to each State that submits a State workforce development and literacy plan under title I. (Sec. 312) Provides for: (1) allotments to States, based on certain allotments under the Job Training Partnership Act; (2) within-State allocation, according to a formula taking account of specified factors, with reserved funds for statewide mandatory and discretionary activities; (3) additional State plan requirements; (4) required use of funds for provision of core services through integrated career center systems, specified types of intensive services, and education and training services, and permissible uses of funds for additional supportive services and needs-related payments; and (4) priority for dislocated workers and economically disadvantaged individuals. Subtitle B: Federal Programs - Authorizes the Secretary of Labor to use certain funds to make: (1) national discretionary grants for dislocated workers to specified eligible entities, to address major economic dislocations resulting from plant closures, base closures, or mass layoffs; and (2) national discretionary incentive grants to States, as performance incentive awards for having achieved exceptional performance through implementing statewide workforce development systems, and as assistance in implementing exemplary system designs. (Sec. 322) Authorizes the Secretary to use such funds also to provide disaster relief employment assistance to Governors of States with areas that have suffered an emergency or major disaster as defined under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (Sec. 323) Directs the Secretary to use such funds also to carry out specified research, demonstration, capacity-building, technical assistance, and evaluation activities. Authorizes special grants to eligible entities to carry out activities most appropriately administered at the national level. (Sec. 324) Authorizes the Secretary to use such funds also to provide grants to States for up to 50 percent of the costs of providing loans to eligible entities for skills upgrading of non- managerial employees. Requires the State to establish: (1) a reserve fund for such loan guarantees with such assistance; and (2) criteria for such loan guarantees. (Sec. 325) Directs the Secretary of Labor to use such funds also to make grants, contracts, or cooperative agreements for specified entities to provide employment, training, and education for Native Americans, Alaska Natives, and Hawaiian Natives. Authorizes a transfer of authority to the Secretary of Labor from the Secretary of Education to carry out any portion of such assistance devoted to vocational education activities, including support for the United Tribes Technical College and Crownpoint Institute of Technology. Allows recipient entities to consolidate such assistance with that for related programs under the Indian Employment, Training, and Related Services Demonstration Act. (Sec. 326) Directs the Secretary of Labor to use such funds also to make grants, contracts, or cooperative agreements with specified eligible entities to provide certain types of employment, training, and education assistance for migrant and seasonal farmworkers. Title IV: Adult Education and Family Literacy Consolidation Grant and Library Services and Technology Consolidation Grant - Subtitle A: Adult Education and Family Literacy Consolidation Grant - Chapter 1: Funding - Directs the Secretary of Education to reserve specified amounts annually for: (1) the National Institute for Literacy; and (2) national leadership and evaluation activities. Provides for an initial allotment, and additional allotments to States according to formulas based on State population and number of qualifying adults. Defines qualifying adult as one who is between ages 16 and 61, beyond the age of compulsory school attendance, without a secondary school diploma or equivalent, and not currently enrolled in elementary or secondary school. Chapter 2: Grants to States - Directs the Secretary of Education to make an annual grant allotment to a State if it has satisfied requirements under title I and this title and enters an agreement about use of grant funds. (Sec. 432) Requires States to use grant funds to distribute competitive grants to local service providers and provide assistance to the State library administrative agency for specified purposes. Requires local service providers to use their grants from the State to establish or operate one or more programs providing instruction or services within described categories of: (1) adult basic education; (2) adult secondary education; (3) English literacy instruction; and (4) family literacy services. Authorizes local service providers to receive payments also from title II or III programs under specified conditions. (Sec. 433) Sets forth additional grant requirements, including goals, progress indicators, and performance measures in specified categories. Chapter 3: National Programs - Establishes a National Institute for Literacy, to be administered according to an interagency agreement of the Secretaries of Education, of Labor, and of Health and Human Services (the Interagency Group), with daily operations to be carried out by an appointed Institute Director. Establishes an Advisory Board to make recommendations on planning Institute goals and on implementing programs to achieve such goals. Sets forth Institute duties, authorized activities, and biennial reporting requirements. Authorizes the Institute to award literacy leadership fellowships, as well as paid and unpaid internships. (Sec. 442) Authorizes the Secretary of Education to establish and carry out a program of national leadership and evaluation activities to enhance the quality of adult education and family literacy programs nationwide, directly or through grants, contracts, and cooperative agreements. Sets forth specified required activities and reports, as well as authorized activities. Subtitle B: Library Services and Technology Consolidation Grant - Authorizes appropriations for a Library Services and Technology Consolidation Grant program to: (1) consolidate Federal library service programs; (2) improve public access to information through electronic networks; and (3) provide linkages among and between libraries and integrated career center systems. Sets forth program requirements for allotments, grants to States, uses of funds, and annual applications. Title V: Amendments to Rehabilitation Act of 1973 - Subtitle A: Vocational Rehabilitation Consolidation Grant - Chapter 1: Transition Period - Directs the Secretary of Education, through the Commissioner of the Rehabilitation Services Administration (RSA), to administer the amendment made by chapter 2 in a specified manner during a transition period. Chapter 2: Revision of Title I of Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to revise title I, Vocational Rehabilitation Services. Directs the Secretary of Education, through the Commissioner of the RHA, to make RA formula grants to States that submit workforce development and literacy plans that meet requirements under this Act. Authorizes appropriations. (Sec. 511) Requires States to reserve not more than 20 percent of such a grant for carrying out specified responsibilities of State administrative agents, and at least 80 percent for carrying out certain responsibilities of local workforce development boards and integrated career centers with respect to workforce development areas. Sets forth requirements for: (1) individual eligibility; (2) State Rehabilitation Advisory Councils; (3) allotment amounts; (4) availability of funds; and (5) a State option for waivers regarding alternative delivery systems. Subtitle B: Other Amendments to Rehabilitation Act of 1973 - Eliminates RA provisions: (1) (under title III, Training and Demonstration Projects) for vocational rehabilitation services for individuals with disabilities, loan guarantees for community rehabilitation programs, construction of the Commissioner's authority and appropriation of excess funds, migratory workers program grants, special recreational programs grants, and supported employment programs and grants; and (2) (under title VI, Employment Opportunities for Individuals with Disabilities) for community service employment pilot programs for individuals with disabilities, supported employment services for individuals with disabilities, business opportunities for individuals with disabilities, and (after a two-year period) projects with industry. (Sec. 523) Makes available certain amounts for carrying out title I of RA in specified fiscal years. Title VI: Higher Education Privatization - Amends the Higher Education Act of 1965 (HEA) to provide for the reorganization of the Student Loan Marketing Association (Sallie Mae) through the formation of a holding company and the cessation of Federal sponsorship. (Sec. 602) Amends HEA to provide for the privatization and renaming of the College Construction Loan Insurance Association (Connie Lee) and the cessation of Federal sponsorship. Title VII: Repealers and Other Amendments - Repeals various provisions of the Higher Education Act of 1965 (HEA), including ones relating to articulation agreements, access and equity to education through telecommunications, academic libraries and information services, national early intervention scholarships, presidential access scholarships, model program community partnerships and counseling grants, early awareness postsecondary information program, technical assistance for teachers and counselors, special child care services for disadvantaged college students, loan forgiveness for teachers and nurses and individuals performing national community service, training in financial aid services, State postsecondary review entity programs, State and local programs for teacher excellence, national teacher academies, Douglas teacher scholarships, the Teacher Corps, class size demonstration grants, middle school teaching demonstration programs, new teaching careers, national mini- corps programs, demonstration grants for critical language and area studies, foreign languages and cultures instructional materials development, small State teaching initiatives, faculty development grants, early childhood staff training and professional enhancement, intensive summer language institutes, foreign language periodicals, academic and library facilities, cooperative education programs, women and minority participation in graduate education, Harris fellowships, Javits fellowships, faculty development fellowships, legal training for the disadvantaged, law school clinical programs, special projects in areas of national need, science and engineering access programs, women and minorities science and engineering outreach demonstration programs, Eisenhower leadership programs, and community service programs. Repeals provisions of the Education Amendments of 1986 relating to a National Academy of Science study and to Native Hawaiian (and Alaska Native) culture and art development. Repeals provisions of the Higher Education Amendments of 1992 relating to American Indian postsecondary economic development scholarships, American Indian teacher training, a national survey of factors associated with participation, a study of environmental hazards in higher education institutions, a national job bank for teacher recruitment, a national clearinghouse for postsecondary education materials, school-based decisionmakers, sexual offenses education, Olympic scholarships, and advanced placement fee payment programs. (Sec. 702) Revises HEA student aid program eligibility requirements relating to proprietary institutions of higher education. (Sec. 703) Repeals: (1) the Carl D. Perkins Vocational and Applied Technology Education Act; (2) the Smith-Hughes Act; (3) the School-to-Work Opportunities Act of 1994; (4) the School Dropout Assistance Act; (5) the Adult Education Act; (6) the National Literacy Act of 1991, except certain provisions; (7) the Library Services and Construction Act; (8) the library media resources program under the Technology for Education Act of 1994; (9) the Job Training Partnership Act, except provisions for the Job Corps and veterans' employment programs and their authorization of appropriations; and (10) provisions of the Stewart B. McKinney Homeless Assistance Act relating to State literacy initiatives for adult education for the homeless and to job training for the homeless (except homeless veterans' reintegration projects).

To allow for a waiver during non-ozone season of certain reformulated gas requirements.

United States · United States Congress · 13 September 1995

Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency, upon request of a Governor, to waive prohibitions on the sale of conventional gasoline and corresponding requirements for the purchase of reformulated gasoline during the non-ozone season for any area designated as an ozone nonattainment area if the Administrator determines that the waiver would not prevent or interfere with attainment of a primary national ambient air quality standard in such area.

State and Local Government Interstate Waste Control Act of 1995

United States · United States Congress · 13 September 1995

TABLE OF CONTENTS: Title I: Interstate Waste Title II: Flow Control State and Local Government Interstate Waste Control Act of 1995 - Title I: Interstate Waste - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator from receiving out-of-State municipal solid waste (OSW) for disposal or incineration unless the waste is received pursuant to a new (entered into on or after enactment of this Act) or existing host community agreement or an exemption from this prohibition (which may be limited by the State, as provided in this Act). Requires owners or operators to make specified information regarding the landfill or incinerator (facility) available prior to seeking authorization from an affected local government to receive such waste pursuant to a new host community agreement. Sets forth other formal requirements for the authorization process, including those for notification of the State, contiguous local governments, and contiguous Indian tribes. Requires, for an exemption, that the owner or operator provide either information establishing that: (1) the owner or operator of the facility received before enactment of this Act a State permit specifically authorizing acceptance of the waste; or (2) the facility received shipments of such waste during 1993, and such information is in such documented form as would result in criminal penalties under State law in case of false or misleading information. Authorizes States to establish limits on the amount of OSW received annually for disposal at each facility pursuant to an exemption for documented shipments (under paragraph (2), above) and affected local governments to limit the amount received at a particular facility pursuant to such an exemption. Sets the limitation amount for any facility that began receiving documented OSW before enactment of this Act at the amount received during 1993. Authorizes States that imported more than 750,000 tons of such waste in 1993, in lieu of this freeze, to establish limits for calendar years after 1996 that are percentages of the waste received during 1993, beginning with 85 percent in 1997 and declining to 50 percent after 2000. Allows any comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process to take into account local regional needs for solid waste disposal capacity. Allows an affected local government to determine that there is no need for a new landfill or incinerator or major modification at an existing facility under its jurisdiction, but prohibits a plan from expressly prohibiting importation of solid waste from out of State. Declares that prohibitions, limitations, and the planning and permitting processes under, and laws and regulations implementing, this Act shall not be considered to impose an undue burden on or to otherwise impair, restrain, or discriminate against interstate commerce. Requires owners or operators of facilities to annually report to Governors of the States in which the facilities are located the amount of OSW received during the preceding year. Title II: Flow Control - Authorizes States and political subdivisions to exercise flow control authority for municipal solid waste and recyclable materials voluntarily relinquished by the owner or generator (recyclables), directing such waste and materials to particular waste management or recyclables facilities designated and in operation on May 15, 1994, if: (1) the waste and recyclables are generated within the jurisdictional boundaries of the State or subdivision, determined as of May 15, 1994; and (2) such authority is imposed through the adoption or execution of a law, regulation, or other legally binding provision or official act of the State or subdivision that was in effect on May 15, 1994, or would have been in effect on such date but for the issuance of an injunction or other court order based on a ruling that the law or provision violated the Commerce Clause of the Constitution. Permits the exercise of such authority for only the classes or categories of waste or recyclables to which flow control authority was applicable on May 15, 1994, or immediately before the effective date of an injunction or other court order referred to above and only if the facility received municipal solid waste in those classes or categories prior to May 15, 1994, or the effective date of the injunction or court order. Authorizes States and political subdivisions to exercise such authority with respect to facilities other than those designated and in operation on May 15, 1994, if, in addition, the State or subdivision has taken one or more of specified actions (relating to permits, execution of contracts and agreements, and presentation of revenue bonds) prior to such date to commit to the designation of such facilities. Sets limits on the duration of flow control authority. Permits States or political subdivisions, upon the request of a municipal solid waste or recyclables generator, to authorize the diversion of waste generated by such generator to a solid waste facility other than the designated facility. Prohibits a State or local government from requiring any generator or transporter to transport, or deliver for transportation, such waste or materials to any site listed on the National Priorities List established under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, unless the generator or transporter has been indemnified by the government against all liability under that Act with respect to such materials. Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on the extent to which the Supreme Court decision in C & A Carbone v. Clarkstown, New York has affected the ability of public and private entities to secure or retain financing for solid waste management facilities or services and is likely to interfere with the implementation of State solid waste management plans, recycling, or composting.

To designate an enclosed area of the Oak Ridge National Laboratory in Oak Ridge, Tennessee as the "Marilyn Lloyd Environmental, Life, and Social Sciences Complex".

United States · United States Congress · 12 September 1995

Designates a specified enclosed area of the Oak Ridge National Laboratory in Oak Ridge, Tennessee, as the Marilyn Lloyd Environmental, Life, and Social Sciences Complex.

To amend the Clean Air Act to require that motorcycles be defined as having a curb mass less than or equal to 1749 pounds.

United States · United States Congress · 12 September 1995

Amends the Clean Air Act to define a motorcycle as a motor vehicle having a headlight, taillight, and stoplight, and two wheels or three wheels and a curb mass no greater than 1749 pounds. Directs the Administrator of the Environmental Protection Agency to conform emissions regulations regarding motorcycles to these amendments.

Hanford Reach Preservation Act

United States · United States Congress · 8 September 1995

Hanford Reach Preservation Act - Makes interim protection of a specified segment of the Columbia River in Washington State permanent. (Currently, such protection expires November 4, 1996.)

Endangered Species Conservation and Management Act of 1995

United States · United States Congress · 7 September 1995

TABLE OF CONTENTS: Title I: Private Property Rights and Voluntary Incentives for Private Property Owners Title II: Improving Ability to Comply with the Endangered Species Act of 1973 Title III: Improving Scientific Integrity of Listing Decisions and Procedures Title IV: Recognizing Other Federal Action, Laws, and Missions Title V: Better Management and Conservation of Listed Species Title VI: Habitat Protections Title VII: State Authority to Protect Endangered and Threatened Species Title VIII: Funding of Conservation Measures Title IX: Miscellaneous Provisions Endangered Species Conservation and Management Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise: (1) the findings and purposes of the Act to include consideration of economic impacts and property owners' rights while encouraging practices that protect species; and (2) the policy of the Act to prohibit the Federal Government from using or limiting the use of privately owned property when such action diminishes the value of such property without payment of fair market value to the owner of private property. Title I: Private Property Rights and Voluntary Incentives for Private Property Owners - Amends the Act to prohibit the Government from taking an agency action affecting privately or non-federally owned property under the Act which results in diminishment of value of any portion of that property by 20 percent or more unless compensation is offered in accordance with this title. Requires the Federal agency that takes an action that exceeds that amount to compensate the private property owner for the otherwise lawful use or limitation on such use in the amount of the diminution in value of the portion of that property resulting from such use or limitation. Specifies that, if the diminution in value of a portion of that property is greater than 50 percent, at the option of the owner, the agency shall buy that portion and pay fair market value based on the value of the property before the use or limitation was imposed. Directs that compensation paid reflect the duration of the use or limitation necessary to achieve the purposes of the Act. Sets forth provisions regarding: (1) procedures for written requests for compensation by the owner; (2) agency negotiations with that owner to reach agreement; (3) choice of remedies; (4) arbitration; (5) civil actions (an owner who prevails in a civil action against the agency shall be entitled to the amount of compensation awarded plus reasonable attorney's fees and other litigation costs); (6) source of payments; (7) availability of appropriations (any U.S. obligation to make such a payment shall be subject to the availability of appropriations); and (8) duty of notice to owners of agency actions limiting the use of private property and of procedures for obtaining compensation. (Sec. 102) Requires the Secretary of the Interior (Secretary), in carrying out the program authorized by the Act, to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consultation before acquiring any land or water, or interest therein, for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to enter into a cooperative management agreement with any State or local government or non-Federal person for the management of a species listed as endangered or threatened, to be listed, or which is a candidate for listing, or for the management or acquisition of an area which provides habitat for a species, subject to specified limitations. Sets forth provisions regarding: (1) environmental assessments; (2) the effect of listing a species; and (3) violations of such agreements. (Sec. 103) Authorizes the Secretary to provide grants to certain non-Federal persons for the purpose of conserving, preserving, or improving habitat for any species that is determined to be an endangered or threatened species upon determining that: (1) the property for which the grant is provided contains habitat that significantly contributes to the protection of the population of the species and has been managed for species protection for a sufficient period of time to significantly contribute to the protection of the species population; and (2) the management of the habitat advances the interest of species protection. (Sec. 104) Directs the Secretary to initiate a program to provide technical advice and assistance to non-Federal persons who wish to participate in achieving the conservation objective for a species for which a conservation goal has been adopted. (Sec. 105) Specifies that nothing in the Act shall be construed to supersede, abrogate, or otherwise impair any right or authority of a State to allocate or administer quantities of water. Title II: Improving Ability to Comply With the Endangered Species Act of 1973 - Amends the Act to provide that an activity of a non-Federal person is not a taking of a species if the activity: (1) is consistent with the provisions of a final conservation plan or conservation objective; (2) complies with the terms and conditions of an incidental take permit or a cooperative management agreement; (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event, or is mandated by any Federal, State, or local government agency for public health or safety purposes; or (4) is incidental to, and not the purpose of, carrying out an otherwise lawful activity that occurs in an area of the territorial sea or exclusive economic zone that is not designated as critical habitat and the affected species is not a species of fish. Makes enforcement provisions and provisions regarding rewards and incidental expenses paid by the Secretary or the Secretary of the Treasury applicable specifically to endangered or threatened species of fish and wildlife (current law doesn't specify endangered or threatened species). Specifies that no interpretation, policy, guideline, finding, or other informal determination may be relied upon by the Secretary in the implementation and enforcement of the Act unless such determination has been the subject of a proposed rule, subject to specified requirements. Places the burden on the Secretary to show that a specimen belongs to a species which is determined to be an endangered or threatened species. Authorizes civil suits by persons who have suffered or are threatened with economic or other injury resulting from actions by Federal officials with respect to enforcement of the Act under specified circumstances. (Sec. 202) Defines, for purposes of the Act: (1) "take" to mean to harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in that conduct; and (2) "harm" to mean to take a direct action against any member of an endangered species of fish or wildlife that actually injures or kills a member of the species. (Sec. 203) Authorizes non-Federal persons to initiate consultation with the Secretary on any prospective activity: (1) to determine if the activity is consistent with a conservation plan or objective; or (2) if the person determines that the activity is inconsistent, to determine whether the activity is likely to jeopardize the continued existence of an endangered or threatened species or to destroy or adversely modify the designated critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. (Sec. 204) Sets forth or revises provisions regarding: (1) incidental take permit requirements; (2) general, research, and educational permits; (3) maintenance of aquatic habitats for listed species; (4) compliance with international requirements and treaties; and (5) incentives for protection of marine species. Title III: Improving Scientific Integrity of Listing Decisions and Procedures - Revises provisions of the Act regarding determinations that a species is endangered or threatened to direct the Secretary to make such determinations based on specified factors, including: (1) the present or threatened loss of its habitat; and (2) the inadequacy of existing Federal, State, and local government regulatory mechanisms. Requires the Secretary to make such determinations solely on the basis of the best scientific and commercial data available after conducting a review of the status of the species and after soliciting and fully considering the best scientific and commercial data available concerning the status of a species from any affected State or any interested non-Federal person, taking into account other specified factors. Sets forth or revises provisions regarding: (1) consideration of State recommendations; (2) listing of foreign species; (3) soliciting scientific information; (4) emergency listings; (5) use of the best scientific and commercial data; (6) identifying data used for decisions; (7) judicial review; (8) peer review; (9) making data public; (10) improving the petition and designation processes; (11) greater State involvement; (12) monitoring the status of species; and (13) petitions to delist species. Title IV: Recognizing Other Federal Action, Laws, and Missions - Amends the Act to direct: (1) the Secretary to review other programs administered by the Secretary and utilize such programs in furtherance of the purposes of the Act; and (2) each Federal agency to ensure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify any habitat that is designated by the Secretary as critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) involvement of applicants for Federal approvals; (2) conferring on candidate species; (3) limitations on modifications to land management; (4) resolving conflicts between Federal agencies; (5) procedures for consultation; and (6) activities prior to completion of consultation. (Sec. 402) Sets forth provisions regarding exemptions from consultation and conferencing requirements. Specifies that an agency action shall not constitute a taking of a species prohibited by the Act or any regulation thereunder if the action is consistent with those provided for in a final conservation plan or a conservation objective under this Act, or a cooperative management agreement or an incidental take permit. (Sec. 403) Eliminates the Endangered Species Committee and related provisions. Title V: Better Management and Conservation of Listed Species - Amends the Act to direct the Secretary to publish a conservation objective and a conservation plan for each species determined to be an endangered or threatened species. Requires the Secretary: (1) within 30 days after the listing determination, to appoint an assessment and planning team (which shall report to the Secretary within 180 days the assessment of specified biological, economic, and intergovernmental factors with respect to the listed species); and (2) within 210 days, to review the report to establish a conservation objective for the species and publish in the Federal Register the conservation objective, along with a statement of findings on which the objective was established. (Sec. 502) Directs the Secretary, in the development and implementation of a conservation plan, to accord specified priorities, including to: (1) the development of an integrated plan for two or more endangered or threatened species that are likely to benefit from an integrated conservation plan; and (2) nonregulatory, incentive-based conservation measures and commercial activities that provide a net benefit to the conservation of the species. Sets forth provisions regarding: (1) publication of a draft plans; (2) contents of such plan; (3) plan preparation procedures; (4) publication of a final plan; (5) participation by other persons; (6) plan revision or amendment; and (7) lack of further procedures or requirements for actions consistent with the conservation plan. (Sec. 503) Delineates procedures regarding: (1) management prior to publication of a conservation plan; (2) emergency rulemaking protections; (3) suspension of conservation plans or objectives; (4) non-delegation of duties; and (5) review of conservation plans. (Sec. 504) Authorizes the Secretary to: (1) designate critical habitat of a species determined to be an endangered or threatened species that meets specified requirements utilizing the National Biodiversity Reserve (see Title VI) as a first priority; and (2) revise a critical habitat designation on determining that such habitat does not meet such requirements. Sets forth provisions regarding: (1) deadlines for designation; (2) basis for designation (directs the Secretary to exclude any area from critical habitat which does not meet the definition as set forth in this Act, which is not necessary to achieve the conservation objective for the affected species, for which the Secretary determines that the benefits of exclusion outweigh the benefits of designation (with exceptions), and in the case of property owned by a non-Federal person, where the owner has not given written consent to the designation or has not been compensated); (3) procedure for designation; and (4) judicial review of the critical habitat designation. Sets forth provisions regarding: (1) the standard for judicial review of decisions regarding conservation objectives or plans; (2) conservation plans for foreign species; and (3) the definition of critical habitat. (Sec. 505) Authorizes the Secretary to: (1) utilize captive propagation as a means of protecting or conserving an endangered or threatened species; and (2) provide annual grants to non-Federal persons to fund captive propagation programs if the Secretary determines that such a program contributes to enhancement of the population of such a species. (Sec. 506) Revises provisions regarding experimental populations to require the Secretary, before authorizing the release of a population of endangered or threatened species outside the current range of such species, to identify the precise boundaries of the geographic area for the release and determine whether the release is in the public interest. Provides that: (1) any member of an experimental population found outside the geographic area in which the population is released shall not be treated as a threatened species if the member poses a threat to the welfare of the public; and (2) critical habitat shall not be designated under the Act for any experimental population determined to be not essential to the continued existence of a species. Sets forth requirements for releases of such populations, including that the Secretary require that: (1) to the maximum extent practicable, the release occurs only in a unit of the National Park System or the National Wildlife Refuge System; (2) the regulations authorizing the release identify precisely the geographic area for the release; and (3) a release on non-Federal land occurs only with the written consent of the owner of the land. (Sec. 507) Revises provisions regarding regulations to protect threatened species to direct the Secretary to issue, concurrently with the regulation that provides for the listing of the species, such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. Specifies that prohibitions applied to the threatened species shall address the specific circumstances of such species and may not be as restrictive as such prohibition for endangered species. Requires conservation guidelines to include a system for developing and implementing, on a priority basis, conservation objectives and conservation plans. Directs the Secretary to provide to the public notice of, and opportunity to submit written comments on, any guideline proposed to be established. Title VI: Habitat Protections - Establishes a National Biological Diversity Reserve, composed of units of Federal and State lands designated and managed in accordance with this title. Directs the Secretary and the Secretary of Agriculture to designate to the Reserve by regulation those units of the national conservation systems which are within the jurisdiction of the Secretary concerned and which the Secretary determines would contribute to the protection, maintenance, and enhancement of biological diversity. Directs the Secretary to: (1) designate to the Reserve a unit of State-owned lands if such unit is nominated for designation by the Governor of the State and is managed under State law in accordance with this title; (2) designate to the Reserve privately owned land that is nominated for designation by the owner of the land, and remove such land from the Reserve if the owner requests removal; (3) remove from the Reserve a unit designated which the Secretary finds is not managed under State law in accordance with this title; and (4) remove from the Reserve any State-owned lands at the request of the Governor of that State. Requires: (1) each unit of the Reserve to have as an objective for the management thereof the preservation, maintenance, and enhancement of biological diversity; and (2) within one year of the designation of a unit to the Reserve, the manager of such unit to complete, and the Secretary concerned to make available to the public by notice in the Federal Register, an inventory of the species composing the biological diversity within such unit. (Sec. 602) Directs the Secretary, and the Secretary of Agriculture with respect to the National Forest System, to establish and implement a program to conserve fish, wildlife, and plants, including those which are determined to be endangered or threatened species. Provides that, to carry out such program, the appropriate Secretary: (1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, the Fish and Wildlife Coordination Act, and the Migratory Bird Conservation Act, as appropriate; and (2) is authorized to acquire lands, waters, or interests therein (lands). (Sec. 603) Directs the Secretary and the Secretary of Agriculture to encourage exchanges of lands within the jurisdiction of each Secretary (other than units of the National Park System and the National Wilderness Preservation System) for lands that are not in Federal ownership and that are affected by this Act. Sets forth provisions regarding the timing of exchanges, environmental assessment, expeditious exchange decisions, applicable law, and valuation of lands acquired. Title VII: State Authority to Protect Endangered and Threatened Species - Authorizes the Secretary to delegate to a State which establishes and maintains an adequate program for the conservation of endangered and threatened species the authority contained in this Act with respect to species of fish, wildlife, and plants that are residents in the State. Requires the Secretary, within 120 days after receiving a certified copy of a proposed State program, to determine whether such program will be adequate to provide protections to endangered and threatened species in such State, based on specified guidelines. Sets forth provisions regarding: (1) Federal financial assistance to a State which has received such delegation; (2) contents of a delegation agreement; (3) State compliance with this Act; (4) review of State programs; and (5) conflicts between Federal and State laws. (Sec. 702) Directs the Secretary, in any instance in which a State has a program for management of a native species which is the subject of a request for an export permit under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, to act in accordance with the recommendation of the State unless the Secretary makes a finding and publishes a notice in the Federal Register that scientific evidence justifies a conclusion contrary to the advice of the State. Authorizes the State which is subject to such a finding, or any person in that State directly affected because of inability to obtain a permit, to appeal the finding to an administrative law judge or a court. Places the burden on the Secretary to show that the evidence supports a finding contrary to the recommendation of the State. Title VIII: Funding of Conservation Measures - Authorizes appropriations to the Departments of the Interior, Commerce, and Agriculture through FY 2001 to carry out the Act, including for cooperative management agreements, Convention implementation, non-Federal conservation planning, and habitat conservation grants. (Sec. 802) Directs the Secretary, for any non-Federal person or Federal power marketing administration, to pay half of any direct costs that result from the compliance by the person or administration mandated by a conservation plan or measure that provides protection to a listed species under a plan developed under the Pacific Northwest Electric Power Planning and Conservation Act, including a plan that provides protection to a larger population unit of the same listed species. Sets forth provisions regarding consultation requirements, incidental take permits, cooperative management agreements, method of cost-sharing, existing cost-sharing agreements, and adjustments to the cost-sharing percentage. (Sec. 803) Establishes in the Treasury an Endangered Species and Threatened Species Conservation Trust Fund. Title IX: Miscellaneous Provisions - Defines or redefines the terms: (1) "non-Federal person"; and (2) "commercial activity." (Sec. 902) Directs the Secretary to: (1) identify those species which are listed under the Act as a result of being determined to be a population segment; and (2) review and determine whether or not it is in the national interest to continue to list each such segment. Requires those segments which the Secretary recommends for continued listing to be submitted to the Congress for approval, and that any segment not determined to be in the national interest to be delisted. (Sec. 903) Requires the Secretary to publish a list of all species that were determined to be endangered or threatened species for which no final recovery plans were issued, divided equally into three tiers of priority for preparation of conservation objectives and plans (with any species listed as an endangered or threatened species in more than one State being placed in the first tier of priority). Directs the Secretary to publish a conservation objective, draft conservation plan, and final conservation plan for each species within each tier of priority according to a specified timetable. Sets forth provisions regarding: (1) priority for revision of existing plans (for listed species with recovery plans); (2) a schedule for revision of plans; (3) species for which no conservation plan is required; (4) a prohibition on additional requirements; and (5) existing biological opinions.

Long Island Sound Restoration Act

United States · United States Congress · 7 September 1995

Long Island Sound Restoration Act - Directs the Administrator of the Environmental Protection Agency to carry out a demonstration program to make annual grants to the States of New York and Connecticut for: (1) demonstrating methods of restoring and maintaining the water quality of designated bays and harbors of Long Island Sound at which water quality standards pursuant to the Federal Water Pollution Control Act have not been achieved or at which other significant water quality degradation has occurred; (2) demonstrating the importance of controlling nonpoint sources of pollution in restoring and maintaining water quality; (3) enhancing opportunities for water-dependent recreational activities, maintaining a healthy ecosystem, protecting and enhancing marine life, minimizing health risks associated with human consumption of shellfish and finfish, and ensuring that social and economic benefits to the public associated with the Sound are advanced; and (4) advancing goals and recommendations of the Comprehensive Conservation and Management Plan of the Long Island Sound Study. Requires the States of New York and Connecticut, in order to be eligible for grants, to designate bays and harbors of the Sound at which eligible activities will be carried out. Requires grants to be used to: (1) carry out eligible activities and monitoring programs at designated bays and harbors; and (2) educate the public on the implementation and results of such activities. Authorizes appropriations.

National Highway System Designation Act of 1995

United States · United States Congress · 7 September 1995

TABLE OF CONTENTS: Title I: National Highway System Title II: Highway Funding Restoration Title III: Miscellaneous Provisions National Highway System Designation Act of 1995 - Title I: National Highway System - Designates the National Highway System (NHS) as submitted by the Secretary of Transportation on September 1, 1995. Authorizes the Secretary of Transportation to submit to specified congressional committees for approval a proposed modification of the NHS, subject to specified requirements, which shall take effect only if a law has been enacted approving such modification. Sets forth provisions regarding: (1) initial proposed modifications to the NHS; and (2) congressional high priority corridors. (Sec. 102) Prohibits the Secretary from apportioning or allocating, prior to August 1, 1997, any funds authorized to be appropriated or made available for FY 1997 under specified Federal highway provisions, including the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), the Surface Transportation Assistance Act of 1982, or provisions relating to the State High Priority Project Restoration Program (see Title II). Requires the Secretary, for purposes of determining minimum allocations, to treat certain apportionments and allocations as having been made on October 1, 1996. Prohibits the obligation of amounts made available in FY 1997 at a rate higher than the historical rate of obligation of such funds. (Sec. 103) Prohibits the Secretary from apportioning or allocating, prior to August 1, 1997, Federal transit funds (other than administrative expenses) authorized to be appropriated or made available for FY 1997. Provides that certain transit funds appropriated after this Act's enactment may not be obligated before August 1, 1997. Title II: Highway Funding Restoration - Highway Funding Restoration Act of 1995 - Directs the Secretary to allocate among the States specified amounts for Interstate highway substitute, NHS, surface transportation program, Interstate, congestion mitigation and air quality improvement program, bridge, hazard elimination, and rail-highway crossings projects (State High Priority Project Restoration Program, hereinafter referred to as the High Priority Program) for FY 1996 and 1997. Specifies allocation percentages by State. Provides that such allocations shall not affect a State's minimum allocation of Federal-aid highway funds or specified allocations under ISTEA. Sets forth provisions regarding: (1) the period of availability of such allocations; (2) a special rule for the obligation of allocations in urbanized areas of over 200,000; and (3) limits on planning expenditures. Authorizes appropriations. (Sec. 204) Rescinds funds from various previously authorized projects and from unobligated balances of funds previously made available and derived from the Highway Trust Fund (HTF). Reduces the authorized funding levels for certain programs (regarding magnetic levitation and highway safety) funded from the HTF for FY 1996 and 1997. Transfers certain funds (regarding the Congestion Pricing Pilot Program) derived from the HTF made available for such fiscal years to carry out the High Priority Program. (Sec. 205) Directs the Secretary: (1) to notify each State of the total amount of the reduction in authorized funds for FY 1996 that would have been allocated and apportioned to such State as a result of specified ISTEA provisions; and (2) in determining such amount, to deduct the amount allocated to each State in FY 1996 pursuant to the High Priority Program and certain other amounts available for FY 1996. Requires: (1) each State to designate on or before November 1, 1995, or as soon as possible thereafter, unobligated balances of funds apportioned or allocated on or before September 30, 1995, and which are subject to the obligation ceiling, that may be made available for any purpose currently eligible under the Minimum Allocation Program; and (2) the Secretary to make such funds available to the States before November 15, 1995, or as soon as possible thereafter. Prohibits unobligated balances of funds attributed to urbanized areas with a population of over 200,000 from being designated by the State without the concurrence, in writing, of the Metropolitan Planning Organization (MPO) designated for such area. Sets forth provisions regarding: (1) congestion mitigation and air quality balances; (2) Interstate construction balances; (3) periods of availability; and (4) limits on statutory construction. (Sec. 206) Revises provisions regarding the method of distribution of funds made available under the Minimum Allocation Program in FY 1996 and 1997. Sets forth provisions regarding: (1) a special rule for urbanized areas of over 200,000; and (2) funding. (Sec. 207) Prohibits the Secretary from penalizing States for failure to implement various highway and transportation management systems during FY 1996. Repeals a requirement that States meet minimum utilization requirements for asphalt pavement containing recycled rubber and the penalties for failure to meet those requirements. Title III: Miscellaneous Provisions - Directs the Secretary to distribute any limitation otherwise imposed on transit operating assistance so that each urbanized area that had a population of less than 200,000 under the 1990 decennial census will receive for FY 1996 75 percent of the amount the area received under such distribution for FY 1995. Requires the Secretary, in the distribution of such limitation to urbanized areas that had a population under such census of one million or more, to direct each such area to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the area and to consider the needs and resources of such authorities when the limitation is distributed among all transit authorities operating in the area. (Sec. 302) Directs the Secretary to: (1) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan, which shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions (as determined by the Secretary) of future increases in the cost to complete the project; (2) make a recommendation to the Congress on whether or not future Federal assistance should be withheld regarding any such project for which an annual financial plan is not submitted or for which the Secretary determines that the estimates or assumptions are not reasonable; and (3) submit to the Congress an annual report on the financial plans submitted and any such recommendation. (Sec. 303) Prohibits the Secretary of Transportation, after this Act's enactment and before the date on which Federal-aid highway and transit programs are reauthorized, from issuing a letter of intent or entering into a full financing grant agreement or early systems work agreement for a project or operable segment of a project unless the full amount of Federal financial responsibility for the project or segment has been included in an authorization law. Makes such prohibition inapplicable to any project: (1) for which a letter of intent was issued before this Act's enactment date; and (2) included as an element of an interrelated project which also includes another project for which a letter of intent was issued before such date. (Sec. 304) Requires an annual report on Capital Projects for Fixed Guideway Systems and Extensions of Existing Fixed Guideway Systems to include: (1) an analysis of potential funding requirements of the project in the succeeding five fiscal years; and (2) a description of the planning and study process undertaken to select the locally preferred alternative and of efforts undertaken to seek alternative funding sources for the project. (Sec. 305) Repeals the authorization for the Long Beach Metro Link Fixed Rail Project. Reduces the authorization for the Honolulu Rapid Transit Project. (Sec. 306) Modifies various previously authorized transit projects and makes funds available for certain additional projects. (Sec. 307) Adds consideration of recreational travel and tourism to the metropolitan planning process under the transit program. (Sec. 308) Requires that any contract or subcontract awarded for engineering and design services, whether funded in whole or in part with Federal transit funds, be performed and audited in compliance with cost principles contained in the Federal acquisition regulations. Requires the recipient of Federal funds to: (1) accept and use indirect cost rates established by a government agency in accordance with such regulations for one-year applicable accounting periods in estimating, negotiating, and administering contracts; (2) notify affected firms before requesting and using the cost and rate data; and (3) keep such data confidential. Makes this section effective two years after this Act's enactment, but grants a State the option of adopting by statute an alternative process intended to promote engineering and design quality and to ensure maximum competition by professional companies of all sizes providing engineering and design services. (Sec. 309) Revises the formula for State expenditures on intercity bus transportation and includes among eligible activities the purchase of accessibility devices. Directs the Secretary to make capital grants to operators of intercity bus transportation systems to support such systems, including the purchase of such devices. (Sec. 310) Specifies that the hiring of law enforcement or security personnel is an eligible expense under the transit security program. Allows half of the publicly funded ferry boat service provided to the City of Avalon, California, to be counted under the formula grant transit program. (Sec. 311) Amends the Americans With Disabilities Act of 1990 to require that accessibility requirements for private over-the-road buses be met by small providers within three years, and by other providers within two years, after the issuance of final regulations. (Sec. 312) Makes the Alaska Railroad eligible for certain fixed guideway modernization funds for improvements to its passenger operations. (Sec. 313) Amends Federal transportation law to authorize (current law requires) preemployment alcohol testing of: (1) mass transit, railroad, air carrier, and Federal Aviation Administration employees responsible for safety-sensitive functions; and (2) operators of commercial motor vehicles. (Sec. 314) Provides that a State shall be treated as having met the requirement of having a statewide program for roadside sobriety checkpoints if such a program would violate the constitution of the State and if the State meets certain other safety requirements. Moves from the Supplemental Grants Program to the Basic Grants Program the requirement that a State provide that any person under age 21 with a blood alcohol concentration of .02 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated. (Sec. 315) Directs the Secretary to: (1) conduct a study of technologies and practices to improve the driving performance of older drivers and other special driver groups; (2) undertake demonstration activities which incorporate and build upon gerontology research related to the study of the normal aging process, and initially implement such activities in States with the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode; and (3) carry out the study by entering into a cooperative agreement with an institution that has demonstrated competencies in specified fields. Requires the Secretary: (1) in carrying out the work zone safety program under ISTEA, to utilize a variety of methods to increase safety at highway construction sites, including conferences, creation of a national clearinghouse, and a national promotional campaign; and (2) to conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance of safety in all types of motor vehicles and determine whether such technology has other appropriate safety applications. (Sec. 316) Amends ISTEA to extend until the reauthorization of the Federal-aid highway and transit programs a temporary waiver from axle weight limitations for any vehicle regularly and exclusively used as an intrastate public agency transit passenger bus. (Sec. 317) Freezes funding allocations under the Congestion Mitigation and Air Quality Program (CMAQ) at the FY 1994 levels for the remaining years of ISTEA and provides that CMAQ funds may be used for projects for the maintenance of air quality standards. Provides that certain funding equity provisions will not be affected by this section. (Sec. 318) Directs the Secretary to establish a program to require States to conduct an analysis of the life-cycle costs of, and carry out a value engineering analysis for, all projects on the NHS with an estimated total cost of $25 million or more. (Sec. 319) Specifies that transportation conformity requirements only apply to areas that are designated as nonattainment areas and to areas that have been designated as attainment areas but that are still subject to maintenance requirements under the Clean Air Act. (Sec. 320) Sets forth provisions regarding contracting for engineering and design services funded in whole or in part with Federal-aid highway funds (analogous to provisions under Sec. 308). Repeals a pilot program under ISTEA for uniform audit procedures. (Sec. 321) Exempts certain specialized vehicles operating on the 104-mile portion of Wisconsin State Route 78 and U.S. Route 51 from vehicle weight limitations upon the inclusion of the route as part of the Interstate System. (Sec. 322) Includes the Centennial Bridge, Rock Island, Illinois, under provisions relating to toll agreements. (Sec. 323) Prohibits the Secretary, before September 30, 1997, from requiring the States to expend any Federal or State funds to construct, erect, or otherwise place, or modify a highway sign relating to any speed limit, distance, or other measurement using the metric system. (Sec. 324) Specifies that the Federal ban on outdoor advertising on scenic highways does not restrict the authority of a State with respect to commercial and industrial areas along a scenic byway, nor does it prevent a State from establishing standards stricter than those in Federal law. (Sec. 325) Adds recreational travel and tourism to the factors that must be considered by MPOs in developing transportation plans and programs. (Sec. 326) Allows any non-Federal funds expended for the seismic retrofit of certain toll bridges to be credited toward the non-Federal share required as a condition of receipt of Federal funds for such retrofit made available after the date of the expenditure. (Sec. 327) Specifies that data collected for safety reports or surveys shall not be subject to discovery or admitted into evidence in Federal or State court proceedings. (Sec. 328) Revises the National Recreational Trails Program under ISTEA, including a provision requiring States to provide 20 percent of the program costs in the sixth year of the program. Requires a State to give priority to projects which mitigate and minimize impacts to the environment. Permits a State to apply to the Secretary for an exemption from requirements for the distribution of Federal trail program funds. (Sec. 329) Revises ISTEA regarding the routing of certain existing high priority corridors and adds additional high priority corridors. Designates certain of these routes as future Interstate routes, if they are not already designated, when the Secretary determines that such routes meet Interstate standards and connect to an existing Interstate segment. (Sec. 330) Amends ISTEA to authorize a feasibility study to identify routes that will expedite future emergency evacuations of coastal areas of Louisiana. Directs the Secretary to conduct a study to determine the feasibility of establishing a route for the East-West Transamerica Corridor in West Virginia and Virginia. (Sec. 333) Delineates the route of the East-West Transamerica High Priority Corridor. (Sec. 340) Amends the Federal-Aid Highway Act of 1956 to make the High Street to Causeway Street section of an existing project eligible for Interstate construction funds. Makes certain revisions to the Interstate 95 and Pennsylvania Turnpike project authorized by the Surface Transportation Assistance Act of 1982. Prohibits the use of Federal funds to construct Type II noise barriers, other than for projects already approved. (Sec. 341) Directs the Secretary to enter into an agreement modifying an existing agreement that provides Orange County, California with a line of credit. Allows the Secretary to require an interest rate higher than that previously specified. (Sec. 342) Directs the Secretary to conduct a study: (1) and report to the Congress on the adequacy of and the need for improvements to the Pan American Highway; and (2) to determine the cost, need, and efficacy of establishing a highway sign for identifying routes on the NHS. (Sec. 343) Provides that tolls collected for motor vehicles on any bridge connecting the boroughs of Brooklyn and Staten Island, New York, shall continue to be collected for only those vehicles exiting from such bridge in Staten Island. (Sec. 344) Authorizes appropriations for FY 1996 for the National Driver Register.

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to prevent the construction of a gas recovery treatment facility at the OII site east of downtown Los Angeles.

United States · United States Congress · 6 September 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 gas recovery treatment 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.

Einführungshilfen für kleine und mittelständische Unternehmen zur Anwendung des Umwelt-Audits (G-SIG: 13052477)

Germany · German Bundestag · 25 August 1995

Father Aull Site Transfer Act of 1995

United States · United States Congress · 11 August 1995

Father Aull Site Transfer Act of 1995 - Directs the Secretary of the Interior to convey by patent and without consideration certain land located approximately ten miles east of Silver City, New Mexico, to St. Vincent DePaul Parish in such city. Provide that the Parish shall assume any liability for any claim relating to the land or interest therein arising after the conveyance date. Deems the conveyance to have no significant impact on the environment. Exempts it from the National Environmental Policy Act of 1969.

Marine Aquaculture Act of 1995

United States · United States Congress · 11 August 1995

Marine Aquaculture Act of 1995 - Amends the National Sea Grant College Program Act to require that the National Sea Grant College Program include a national marine aquaculture research and development program. Mandates grants, contracts, and other activities to further research, development, education, and technology transfer and accelerate the development and growth of a sustainable marine aquaculture industry. Requires grants and contracts to be funded under existing authorizations of appropriations. Authorizes establishment of advisory committees and review panels as necessary. Authorizes appropriations. Amends the Coastal Zone Management Act of 1972 to add references to aquaculture to provisions relating to: (1) resource management improvement grants; and (2) coastal zone enhancement grants. Prohibits offshore marine aquaculture facilities except by permit. Requires compliance with environmental standards and prohibits significantly interfering with recreational and commercial fishing, navigation, conservation, and aesthetic enjoyment. Allows permit fees. Authorizes civil penalties for permit violations. Mandates environmental standards. Authorizes the Secretary of Commerce to conduct, make grants for, or contract for projects to demonstrate sustainable approaches to the development, installation, or operation of offshore marine aquaculture facilities. Mandates model environmental guidelines regarding marine aquaculture facilities in State waters. Requires making the financial assistance programs of the Department of Commerce fully available to qualified applicants seeking to construct marine aquaculture facilities in a State coastal zone or the U.S. Exclusive Economic Zone.

Judgment of the Court of 11 August 1995.#Commission of the European Communities v Federal Republic of Germany.#Failure to fulfil obligations - Failure by public authorities to apply a directive which has not yet been transposed - Council Directaiave 85/337/EEC - Assessment of the effects of projects on the environment - Großkrotzenburg thermal power station - Consent for the construction of a new block.#Case C-431/92.

European Union · Court of Justice of the European Union · 11 August 1995

Food Quality Protection Act of 1995

United States · United States Congress · 10 August 1995

TABLE OF CONTENTS: Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act Subtitle A: Registration of Pesticides Subtitle B: Minor Use Crop Protection Subtitle C: Conforming Amendments Title II: Data Collection and Improved Procedures to Ensure that Tolerances Safeguard the Health of Infants and Children Title III: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act - Subtitle A: Registration of Pesticides - Amends Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) reregistration provisions to require the Administrator of the Environmental Protection Agency (EPA), as soon as the Administrator has sufficient information with respect to the dietary risk of a particular active ingredient (but no later the date of a reregistration determination), to: (1) reassess each associated tolerance (or tolerance exemption) issued under Federal Food, Drug, and Cosmetic Act (FDCA) provisions regarding pesticide residues in raw agricultural commodities; (2) determine whether the tolerance or exemption meets FDCA requirements and whether additional such tolerances or exemptions should be issued; and (3) commence proceedings under both FIFRA and FDCA as are warranted. Establishes a science review board to assist the scientific advisory panel that comments on decisions of the Administrator to cancel a pesticide's registration or change its classification and on regulations issued under FIFRA. Revises the definition of "unreasonable adverse effects on the environment" to include among such effects a human dietary risk from residue that results from use of a pesticide inconsistent with the standard determined by the Administrator to be adequate to protect the public health under FDCA. Subtitle B: Minor Use Crop Protection - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, any one of the alternatives poses greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or any one of the alternatives poses greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Subtitle C: Conforming Amendments - Makes conforming amendments to FIFRA related to pesticide minor uses. Title II: Data Collection and Improved Procedures to Ensure That Tolerances Safeguard the Health of Infants and Children - Directs the Administrator and the Secretaries of Agriculture and Health and Human Services to establish procedures to ensure that pesticide tolerances adequately safeguard the health of infants and children based on the recommendations of a specified report prepared by the National Research Council of the National Academy of Sciences. Directs the Secretary of Agriculture: (1) to collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, to implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.

Fort Peck Rural County Water Supply System Act of 1995

United States · United States Congress · 10 August 1995

Fort Peck Rural County Water Supply System Act of 1995 - Requires the Secretary of the Interior to enter into a cooperative agreement with the Fort Peck Rural County Water District, Inc., in Montana for the planning, design, and construction by the District of the Fort Peck Rural County Water Supply System. Requires the System to provide for safe and adequate rural water supplies, economic enhancement, mitigation of wetland areas, and water conservation in the area under the District's jurisdiction in Valley County, northeastern Montana. Requires the Secretary, under such agreement, to pay: (1) 80 percent, without reimbursement, of the amount allocated in the total budget for the planning, design, and construction of the System (as described in the Final Engineering Report and Alternative Evaluation for the Fort Peck Rural County Water District, dated September 1994, (feasibility study)); and (2) such sums as are necessary to defray increases in the budget. Prohibits the amount of the Federal funds made available under the agreement from exceeding the authorized appropriations under this Act. Allows not more than five percent of such funds to be used for activities associated with: (1) compliance with the National Environmental Policy Act of 1969; and (2) oversight of the planning, design, and construction by the District of the System. Provides that the requirements of such Act must be met before the Secretary obligates funds for the construction of the System. Requires the District to design a water conservation program to ensure that users of water from the System will use the best practicable technology and management techniques to conserve water use. Requires, in accordance with the feasibility study, that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the System be on an acre-for-acre basis, based on ecological equivalency and concurrent with project construction. Authorizes appropriations.

Common Sense Amendments for All Endangered Species Act

United States · United States Congress · 10 August 1995

Common Sense Amendments for All Endangered Species Act - Amends the Endangered Species Act of 1973 with respect to: (1) wildlife management effects evaluation; (2) fish and wildlife conservation and management projects; (3) sport hunting; (4) foreign laws and fair notice; and (5) subspecies and population criteria, and discretionary adjudicative procedure and peer review. Directs the Secretary of the Interior to conduct a specified funding augmentation study.

Economic Revitalization Act

United States · United States Congress · 10 August 1995

TABLE OF CONTENTS: Title I: Antidumping and Countervailing Duty Laws Title II: Adjustment to Import Competition Title III: International Unfair Trade Practices Title IV: Provisions Relating to Imports Title V: Negotiating Authority Title VI: Miscellaneous Provisions Economic Revitalization Act - Establishes the Economic Security Council in the Executive Office of the President. Directs the Council to advise the President with respect to the integration of national and international policies relating to economics and trade. Title I: Antidumping and Countervailing Duty Laws - Amends the Tariff Act of 1930 to revise the authority of the administering authority and the International Trade Commission (ITC) to make proprietary information available to interested parties to antidumping duty or countervailing duty investigations under a protective order. (Sec. 102) Declares that "downstream dumping" means a course of conduct in which a product is routinely used as a significant part in the manufacture of merchandise subject to an antidumping duty investigation and such product is purchased at a price: (1) lower than the generally available price in the country of manufacture or production; or (2) lower than such price but for the artificial depression of the generally available price by reason of any subsidy or other sales at below foreign market value. Requires the administering authority to include the amount attributable to the downstream dumping in calculating the amount of any antidumping duty on such merchandise. Requires the administering authority to consider, when deciding whether to impose an antidumping duty on imported merchandise, any determination that an industry producing a product used in the manufacture of such merchandise has been materially injured or threatened with material injury, or the establishment of such an industry in the United States has been materially retarded. (Sec. 103) Provides for treatment of counteravailable subsidies to enterprises or industries in nonmarket economy countries. (Sec. 104) Revises factors to be considered by the ITC with respect to imports subject to an antidumping duty or countervailing duty investigation. (Sec. 105) Revises provisions regarding merchandise subject to an antidumping or countervailing duty order that is assembled with foreign imported parts in the United States or another foreign country than the foreign country to which the order applies. (Sec. 106) Amends the antidumping provision of the Unfair Competition Act of 1916 to revise the predicate of a private cause of action to remove intent to injure or monopolize as a necessary element. Restricts remedies to injunctive relief, or simple damages if injunctive relief cannot be timely provided. Eliminates treble damage awards and criminal penalties. Provides for private enforcement actions. (Sec. 107) Requires the Secretary of Commerce to report annually to the Congress on the antidumping and countervailing duty program. Title II: Adjustment to Import Competition - Amends the Trade Act of 1974 to transfer to the Secretary the responsibilities of the ITC with respect to relief from injury caused by import competition. (Sec. 201) Authorizes a petitioner for import relief to consult with the Secretary (currently, the United States Trade Representative (USTR)) before submitting to him or her a plan to facilitate positive adjustment to import competition. Revises: (1) the method for making "substantial cause" and "affected domestic injury" determinations; and (2) factors the Secretary must take into account when recommending action to relieve a domestic industry from such injury, and help it make a positive adjustment to import competition. Prohibits an investigation for import relief with respect to articles that have been the subject of certain actions with respect to an orderly marketing agreement. Title III: Unfair International Trade Practices - Amends the Trade Act of 1974 to require the USTR to identify U.S. trade liberalization priorities no later than September 30 of each calendar year. Adds specified congressional committees to the list of those to which the USTR must report about such priorities. Makes any of such committees eligible to file a petition with respect to import barriers and market distorting practices of foreign countries whenever it determines (by resolution) that an investigation should be initiated. (Sec. 301) Requires the ITC to take specified trade relief action if it determines that a priority practice constitutes an act, policy, or practice of a foreign country that is unreasonable or discriminatory and burdens or restricts U.S. commerce. (Sec. 302) Authorizes an interested person to request a USTR review to determine whether a foreign country is in compliance with any trade agreement it has with the United States. Requires the USTR to take specified actions with respect to a foreign country's noncompliance with an agreement. (Sec. 303) Requires the National Trade Estimate to include an enumeration of the ten most significant trade deficits between the United States and other countries on an industry-by-industry basis. Title IV: Provisions Relating to Imports - Urges the President to propose to the United Nations Economic and Social Rights Committee that the Convention for the Rights of the Child, which is to be submitted to the General Assembly of the United Nations, include a worldwide ban on trade in products of child labor (employment of children under 15). (Sec. 401) Directs the Secretary of Labor to undertake periodic reviews to identify countries: (1) which have not adopted or are not enforcing prohibitions against child labor in the production of products; and (2) which have exported products of child labor continually to the United States. Authorizes any person to file a petition with the Secretary requesting that a particular foreign country be identified as such a country. Prohibits the Secretary of the Treasury from permitting the entry of any product from such a country, with certain exceptions, during the effective identification period. Sets forth civil and criminal penalties for attempting to enter into the United States a prohibited product. (Sec. 402) Prohibits: (1) the importation or transportation in interstate commerce of products of forced labor in foreign countries (except those vital to national security); and (2) U.S. nationals from investing in, or making loans to, a foreign joint venture involving the use of forced labor. Sets forth civil penalties for violations of such prohibitions. Provides for private enforcement actions, including awards of treble damages to injured domestic competitors. Title V: Negotiating Authority - Amends the Omnibus Trade and Competitiveness Act of 1988 to repeal provisions authorizing the President to proclaim modification or continuance of existing duties, continuance of existing duty-free or excise treatment, or such additional duties to carry out trade agreements regarding unfair trade barriers by foreign countries. (Sec. 502) Amends the Trade Act of 1974 and the Omnibus Trade and Competitiveness Act of 1988 to repeal provisions relating to: (1) congressional "fast track" procedures for implementation of trade agreements on tariff and nontariff barriers; (2) bilateral trade agreements on such barriers; and (3) resolutions approving commercial agreements with Communist countries. (Sec. 503) Amends the National Environmental Policy Act of 1969 to require Federal agencies to include an environmental impact statement in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting bilateral and multilateral negotiations with other countries on trade or other matters. (Sec. 504) Amends the Trade Act of 1974 to require the inclusion of representatives of environmental, consumer, and health and safety interests on the Advisory Committee for Trade Policy and Negotiations, specified general policy advisory committees, and certain sectoral or functional advisory committees. Title VI: Miscellaneous Provisions - Directs the Secretary of the Treasury to prohibit for three years any multiple customs law offender from: (1) introducing or attempting to introduce foreign goods into U.S. commerce; or (2) engaging or attempting to engage any other person to introduce, on such offender's behalf, foreign goods into U.S. commerce. (Sec. 602) Amends the Foreign Trade Zones Act to prohibit the Foreign Trade Zone Board from establishing manufacturing subzones unless it finds that certain U.S. trade benefits will result. (Sec. 603) Amends the Trade Expansion Act of 1962 to repeal a provision of procedures for congressional disapproval of presidential action to adjust imports of petroleum that threaten to impair national security. (Sec. 604) Amends the Foreign Agents Registration Act of 1938 to provide that a foreign principal shall be considered to control a person in major part if such principal holds at least 50 percent equitable ownership in such person. Replaces references to: (1) "agent" with "representative"; and (2) "propaganda" with "promotional material." Requires representatives of foreign principals engaging in private and nonpolitical activities who are relying on exemptions to registration requirements to notify the Attorney General. Establishes within the Criminal Division of the Department of Justice a section to enforce the Foreign Agents Registration Act of 1938, provisions of the Federal criminal code added by this Act, and all other laws relating to lobbying activities in the United States. Amends the Federal criminal code to prohibit the President, Vice President, specified Federal officials, members of the uniformed services, and Members of Congress, for specified time periods after their service has ceased, from acting as agents or attorneys for compensation in matters (with specified exceptions) in which the United States is a party or has a direct and substantial interest for: (1) a foreign government or political party; (2) a person outside of the United States, unless such person is a U.S. citizen; or (3) a combination of persons organized under the laws of, or having its principal place of business in, a foreign country. (Sec. 605) Amends the Tariff Act of 1930 to specify additional factors to be considered in determining the "transaction value" and "computed value" of imported merchandise with regard to the imposition of customs duties. (Sec. 606) Directs the Attorney General to take appropriate action to initiate export foreclosure antitrust cases under the Sherman Act and any other appropriate antitrust law. Requires the Attorney General to develop a list of practices that are to be the subject of such actions and the countries in which such practices occur, organized in order of priority based upon their economic impact. (Sec. 607) Amends the Securities Exchange Act of 1934 to eliminate certain quarterly reports that issuers of registered securities must file with the Securities and Exchange Commission. (Sec. 608) Amends the Trade Act of 1974 to require the Secretary of Labor to publish a quarterly report of notices U.S. firms should provide before relocating to a foreign country (runaway plants). (Sec. 609) Amends the Defense Production Act of 1950 to require the President to investigate (conduct an Exon-Florio review) to determine the effects on national security in any instance in which a person seeks to engage in a merger, acquisition, or takeover which could result in control of a person doing business in critical technologies in interstate commerce in the United States. (Sec. 610) Directs the Secretary of the Treasury to increase the number of Internal Revenue Service officers and employees whose primary responsibility is determining taxable income substantially affected by transfer pricing between related entities. (Sec. 611) Transfers ITC functions to the Department of Commerce. Terminates the ITC. (Sec. 612) Transfers the Overseas Private Investment Corporation (OPIC) and the Export-Import Bank of the United States to the Department of Commerce. (Sec. 613) Establishes the National Oceanic and Atmospheric Agency (NOAA) as an independent Federal agency. (Sec. 614) Imposes a ten percent surcharge on imported goods. Amends the Internal Revenue Code to increase, and make permanent, the allowable credit for businesses for increasing research activities.

National Defense Authorization Act for Fiscal Year 1996

United States · United States Congress · 7 August 1995

TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Other Programs Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Missile Defense Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Depot-Level Maintenance and Repair Subtitle C: Environmental Provisions Subtitle D: Civilian Employees Subtitle E: Defense Financial Management Subtitle F: Assistance for Civilian Activities Subtitle G: Operation of Morale, Welfare, and Recreation Activities Subtitle H: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Subtitle D: Authorization of Appropriations Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Matters Relating to Reserve Components Subtitle C: Uniform Code of Military Justice Subtitle D: Decorations and Awards Subtitle E: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities Subtitle E: Other Matters Title VII: Health Care Subtitle A: Health Care Services Subtitle B: TRICARE Program Subtitle C: Uniformed Services Treatment Facilities Subtitle D: Other Changes to Existing Laws Regarding Health Care Management Subtitle E: Other Matters Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Acquisition Reform Subtitle B: Other Matters Title IX: Department of Defense Organization and Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Naval Vessels Subtitle C: Counter-Drug Activities Subtitle D: Department of Defense Education Programs Subtitle E: Cooperative Threat Reduction With States of the Former Soviet Union Subtitle F: Matters Relating to Other Nations Subtitle G: Repeal of Certain Reporting Requirements Subtitle H: Other Matters Department of Defense Authorization Act for Fiscal Year 1996 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 to the Army, Navy, Marine Corps, and Air Force for the procurement of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1996 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; and (5) the defense health program. Subtitle B: Army Programs - Authorizes the Secretary of the Army to enter into multiyear procurement contracts for AH-64D Longbow Apache attack helicopters. (Sec. 112) States that a prohibition under a prior defense authorization Act against the procurement of military helicopters shall not apply to the obligation of funds for procurement of up to 20 AHIP Scout aircraft from funds appropriated under this title. (Sec. 113) Prohibits any funds available to the Department of Defense (DOD) for FY 1996 from being obligated to procure Hydra 70 rockets until the Secretary of the Army submits to the Congress certain certifications with respect to technical corrections in such rocket, the costs of such corrections, and related information. Authorizes the Secretary of Defense (Secretary) to waive such certification requirement in the national security interest. Subtitle C: Navy Programs - Earmarks funds appropriated under this Act for the final Seawolf attack submarine and the first two submarines under the New Attack Submarine (NAS) program. Earmarks funds under the FY 1997 defense authorization Act for design, advance procurement, and research, development, test, and evaluation (RDT&E) under the NAS program. Requires competition in the procurement of the Seawolf and the NAS. Prohibits certain actions in order to ensure that Electric Boat Division and Newport News Shipbuilding retain the technical competencies to construct the NAS. Limits the FY 1996-1999 expenditure of funds for the Seawolf and the NAS. Requires certain reports. (Sec. 122) Amends the National Defense Authorization Act for Fiscal Year 1995 to repeal a prohibition on the backfitting of Trident submarines. (Sec. 123) Earmarks funds authorized under this title for the initial and final increment funding for two Arleigh Burke class destroyers. (Sec. 124) Authorizes the Secretary to provide in the future-years defense program for split funding of construction of new naval vessels satisfying specified requirements. Authorizes the Secretary of the Navy to contract for the construction of a new naval vessel upon appropriation of a first increment of funding for construction of the vessel. Subtitle D: Other Programs - Prohibits FY 1996 DOD RDT&E funds from being obligated or expended for the Tier II Predator unmanned aerial vehicle program. (Sec. 132) Allows the obligation of only one-sixth of the funding for the unmanned aerial vehicle joint program office before the Secretary of the Navy must certify to the House Armed Services and Senate National Security Committees (defense committees) that such systems have been equipped with the common automatic landing and recovery system. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 for the armed forces for RDT&E and for basic research and exploratory development. Subtitle B: Program Requirements, Restrictions, and Limitations - Earmarks funds authorized under this title for specified phases of the AF117X long-range, medium attack aircraft. (Sec. 212) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to empower the Under Secretary of Defense for Acquisition and Technology with the responsibility for developing and testing naval mine countermeasures systems during FY 1997 through 1999. (Currently, the Director, Defense Research and Engineering has such responsibility during FY 1995 through 1999.) (Sec. 213) Allows the obligation of no more than 50 percent of the funds authorized under this title for the Tomahawk Baseline Improvement Program before the Secretary of the Navy must certify to the defense committees with respect to certain testing under the Program. (Sec. 214) Directs the Secretary of the Air Force to structure the development schedule for the Space and Missile Tracking System so as to achieve a first launch of a System satellite in FY 2001, and to attain initial operational capability of a full constellation of such satellites in FY 2003. Requires the concurrence of the Director of the Ballistic Missile Defense Organization with respect to certain decisions made under the System. Authorizes FY 1996 appropriations. (Sec. 215) Directs the Secretary to perform an analysis of the full range of precision guided munitions in production and in RDT&E. Requires a report to the Congress on the Secretary's findings. Provides funding limitations until such report is received. (Sec. 216) Earmarks funds authorized under this title for: (1) Defense Nuclear Agency funding; (2) the tunnel characterization and neutralization program; and (3) the long-term radiation tolerant microelectronics program (with a required report). (Sec. 217) Earmarks funds authorized under this title for the Counterproliferation Support Program. Authorizes the Secretary, in the national interest, to transfer to the Program funds otherwise made available to DOD in this Division for FY 1996. Limits to $50 million the total authorized amount of such transfers. (Sec. 218) Directs the Secretary to establish in the Office of the Under Secretary of Defense for Acquisition and Technology a Program Office for Nonlethal Systems and Technologies to conduct RDT&E of nonlethal weapons applicable to forces engaged in both traditional and nontraditional military operations. Provides funding. (Sec. 219) Authorizes the obligation of funds appropriated or otherwise made available to DOD for FY 1996 to procure work from a federally funded research and development center named in a report from the Secretary to the defense committees. Prohibits any funding for such procurement until the report is received. Earmarks funds authorized under this title for such purpose. Authorizes the Secretary to waive the funding limitation as long as notice of, and the reasons for, such waiver are sent to the defense committees. Reduces by $90 million the total amount authorized under this title for RDT&E. (Sec. 220) Amends the National Defense Authorization Act for Fiscal Year 1995 to revise the determination of States eligible for the awarding of grants under the Defense Experimental Program to Stimulate Competitive Research. (Sec. 221) Repeals, with respect to the national defense technology and industrial base, defense reinvestment, and defense conversion programs: (1) certain definitions; (2) specified policy objectives; (3) the commercial-military integration partnerships program; (4) the regional technology alliances assistance program; (5) the Military-Civilian Integration and Technology Transfer Advisory Board; (6) the Navy Reinvestment Program; (7) the manufacturing extension programs; and (8) the defense dual-use assistance extension program. (Sec. 222) Directs the Secretary to: (1) use the manufacturing science and technology joint planning process of the directors of DOD laboratories in establishing the DOD manufacturing science and technology program; and (2) seek the participation of equipment manufacturers in the projects under such program. (Sec. 223) Directs the Secretaries of Defense and Energy to jointly submit to the Congress a report on DOD plans and programs to prepare for and respond to military and civil defense emergencies resulting from a chemical, biological, radiological, or nuclear attack on the United States. Subtitle C: Missile Defense - Missile Defense Act of 1995 - States the missile defense policy of the United States. Directs the Secretary to establish a top priority core theater missile defense (CTMD) program consisting of specified systems. Requires the Secretary to ensure that CTMD systems are interoperable and fully capable of external sensor and battle management support from defense systems of the various armed forces. Directs the Secretary to terminate the Corps Surface to Air Missile System and the Boost Phase Interceptor. Directs the Secretary to develop an affordable development plan for follow-on theater missile defense systems which: (1) leverages existing systems, technologies, and programs; and (2) focuses investments to satisfy military requirements not met by the CTMD program. Requires specified reports from the Secretary to the congressional defense (armed forces and appropriations) committees. (Sec. 235) Directs the Secretary to develop an affordable and operationally effective national missile defense (NMD) system which will attain initial operational capability by the end of 2003. Outlines NMD system requirements. Requires the: (1) development of an interim operational capability until the NMD system is in place and operational; (2) use of streamlined acquisition procedures in meeting the development and operational capability requirements of the NMD system; (3) employment of cost saving measures which do not decrease the operational effectiveness of the system or pose unacceptable technical risks; and (4) submission of a report from the Secretary to the congressional defense committees on the plan for NMD deployment. (Sec. 236) Directs the Secretary to undertake an initiative to coordinate and strengthen the cruise missile defense programs, projects, and activities of the military departments and defense agencies and organizations to ensure the development and deployment of highly effective defenses against existing and future cruise missile threats. Outlines provisions concerning: (1) actions to be taken by the Secretary with respect to such initiative; and (2) submission by the Secretary to the congressional defense committees of a detailed implementation plan for carrying out the initiative. (Sec. 237) Expresses the sense of the Congress that: (1) the Senate should undertake a comprehensive review of the continuing value and validity of the ABM Treaty, and recommend additional policy guidance on the future application of such Treaty; and (2) the President should cease all efforts to modify, clarify, or otherwise alter U.S. obligations under such Treaty pending the outcome of the review. Directs the Secretary to provide the Senate with a complete, unclassified version of the ABM Treaty negotiating record, authorizing the Secretary to waive the declassification requirements on a document-by-document basis. (Sec. 238) States that, until a missile or air defense system is flight- tested in an ABM-qualifying flight test, such system, upgrade, or component: (1) has not been tested in an ABM mode, for Treaty purposes; and (2) is therefore not subject to Treaty application, limitation, or obligation. Prohibits appropriated funds from being expended or obligated by any government official to apply such Treaty to RDT&E or deployment of such non-qualifying air or missile defense systems. Ceases the application of such prohibition when a system is flight tested in an ABM-qualifying manner. Requires the Secretary to annually certify to the Congress that no U.S. air or missile defense system is being constrained by the ABM Treaty in a manner inconsistent with this section. Finds that ballistic missile range and velocity parameters should be subject to the Senate's review under section 237. (Sec. 239) Requires amounts requested for activities of the Ballistic Missile Defense Organization in annual budget justification materials submitted to the Congress to be set forth in accordance with specified program elements. Provides the origin of funding for non-core TMD, core TMD, and battle management, control, communications, and intelligence programs. Requires each program element to include requests for amounts necessary for management and support of the programs. (Sec. 241) Repeals various missile defense provisions of specified Acts made inconsistent by this Subtitle. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 for the armed forces and specified agencies and activities of DOD for operation and maintenance (O&M). Authorizes appropriations for FY 1996 for: (1) DOD working capital and revolving funds; and (2) operation of the Armed Forces Retirement Home. (Sec. 304) Transfers a specified amount from the National Defense Stockpile Transaction Fund to O&M accounts for FY 1996. Subtitle B: Depot-Level Maintenance and Repair - Directs the Secretary to develop and report to the defense committees a comprehensive policy on the performance of depot-level maintenance and repair (DLMR) for DOD, with a primary objective of a ready and controlled source of technical competence and repair and maintenance capabilities necessary for national security across a full range of current and projected training and operational requirements. Repeals: (1) a current requirement that no more than 40 percent of the DOD DLMR be performed by non-Government personnel; and (2) a provision prohibiting the contracting out of DOD DLMR activities of at least $3 million without using competitive selection procedures. (Sec. 312) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1996 the authority for aviation depots and naval shipyards to engage in defense-related production and services. Subtitle C: Environmental Provisions - Allows agreements for environmental restoration services performed by another Federal or State agency to provide for reimbursement to such agency only of the technical and scientific services obtained, with an FY 1996 reimbursement limitation of $5 million. Allows the Secretary to pay reimbursement expenses in excess of such amount after certifying to the Congress that such payment is essential for the management of the Defense Environmental Restoration Program, and 60 days have expired since such certification. Directs the Secretary to include in required annual reports the services obtained from such agencies on a reimbursable basis. (Sec. 322) Amends the Federal Water Pollution Control Act to apply its vessel discharge requirements to discharges incidental to the normal operations of a military vessel, other than sewage, unless the Secretary finds that compliance would not be in the best interests of national security. Directs the Secretary and the Administrator of the Environmental Protection Agency (EPA) to jointly determine the discharge incidental to the normal operation of a military vessel for which it is reasonable and practicable to require the use of a marine pollution control device in order to mitigate adverse impacts on the marine environment, and to promulgate Federal standards of performance for such devices with respect to the discharge. Provides time limits for initial determinations and final standards. Preempts a State or political jurisdiction from adopting or enforcing such standards for a military vessel after final Federal regulations are in effect, but allows a State to completely prohibit any discharge from a vessel into waters of the State when its water quality requires greater environmental protection than that afforded by the Federal standards. Requires the EPA Administrator to then take specified enforcement action with respect to such prohibition. Requires a State to specifically explain why a prohibition would apply only to military vessels and not other types. Limits the application of such regulations with respect to design, construction, manning, or equipment standards on foreign flagged vessels engaged in passage. Provides for interagency cooperation in the development of appropriate standards under the marine vessel discharge requirements of such Act. (Sec. 323) Revises Federal provisions concerning: (1) the establishment of restoration advisory boards; (2) funding for the administrative expenses of such boards; and (3) the provision of technical assistance grants for determining the nature of environmental hazards at a military installation to be closed under a base closure law and the restoration activities proposed or conducted there. Provides funding for such activities to the extent provided in appropriation Acts, with an FY 1996 limit of $4 million. Requires reports from technical review committees or restoration advisory boards formed for such purpose to be included in an annual DOD report on environmental restoration activities. Subtitle D: Civilian Employees - Provides the minimum FY 1996 and 1997 number of personnel to be employed as military reserve technicians. (Sec. 332) Exempts DOD from personnel ceilings for civilian personnel. (Sec. 333) Requires military reserve technicians to wear the uniform appropriate for the member's grade and component while performing technician duties. Provides a uniform or clothing allowance for such technicians. (Sec. 334) Extends through January 31, 1996, the temporary authority to pay evacuation pay to civilian DOD employees and their dependents and immediate family members evacuated from Guantanamo, Cuba, pursuant to an order issued by the Secretary. Requires a monthly report from the Secretary of the Navy regarding the employees being so paid. (Sec. 335) Authorizes the transfer of civilian employees between the DOD domestic dependent schools and the overseas defense dependents' education system. (Sec. 336) Revises the authority of the Secretary to appoint involuntarily separated military reserve technicians who have served for a specified minimum period to positions within DOD for which such individual is qualified. (Sec. 337) Includes employees voluntarily separated under reduction-in- force procedures among those eligible for continued health insurance coverage for a temporary period. (Sec. 338) Makes inapplicable to DOD: (1) the 120-day limitation on the detail of certain Federal employees; and (2) required biannual reports concerning progress made in meeting part-time career employment goals. (Sec. 340) Authorizes the Secretary or the Secretary of a military department to release from employment those individuals who volunteer under a reduction in force. Terminates such authority at the end of FY 1996. (Sec. 341) Authorizes DOD to make lump-sum severance payments to its employees, requiring a refund of the pro rata share of such pay if such individual is reemployed. Terminates such authority as of the end of FY 1999. (Sec. 342) Adjusts the holiday observance day for DOD employees whose basic workweek is other than Monday through Friday. (Sec. 343) Includes DOD nonappropriated fund instrumentality employees within a Federal provision authorizing flexible and compressed work schedules. Subtitle E: Defense Financial Management - Prohibits funds authorized to be appropriated to DOD by this Act from being obligated for a capital lease for the establishment of a DOD financial management training center until 90 days after the Secretary submits to the defense committees a certification of the need for such a center as well as a report on financial management training for DOD personnel. (Sec. 352) Prohibits the Secretary during FY 1996 from establishing any center for the Defense Finance and Accounting Service not operating on the date of enactment of this Act unless the Secretary reports to the Congress a need for such new center and 30 days have elapsed since the receipt of such report. Requires the Secretary, before submitting such report, to reexamine the need for any new center. Subtitle F: Miscellaneous Assistance - Authorizes the Secretary of the Army or Air Force to provide for participation of its National Guard in joint disaster and emergency assistance exercises. (Sec. 362) Prohibits funds authorized in this or any other Act from being obligated or expended for: (1) the Office of Civil-Military Programs within the Office of the Assistant Secretary of Defense for Reserve Affairs; or (2) the Office of Humanitarian and Refugee Affairs within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. (Sec. 363) Revises Federal provisions establishing the Civil-Military Cooperative Action Program to: (1) allow only the reserve components (currently, all of the armed forces) to participate in the Program; (2) revise the Program objectives; and (3) eliminate the establishment of Federal or regional advisory councils for the Program. Subtitle G: Operation of Morale, Welfare, and Recreation Activities - Makes inapplicable to the Coast Guard a Federal provision limiting the authorized amount of funds to be retained in the morale, welfare, and recreation (MWR) account of an armed force. (Sec. 372) Authorizes the MWR retail facilities to sell items according to regulations prescribed by the Secretary. Prohibits certain sale restrictions from being included in such regulations. Directs the Secretary to report to the defense committees identifying each restriction in effect with respect to exchange stores and other revenue-generating facilities operated by nonappropriated fund activities of DOD for the MWR of its members. (Sec. 373) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal the requirement to convert naval ships' stores to nonappropriated fund instrumentalities. Subtitle H: Other Matters - Makes funds from the National Defense Sealift Fund available for expenses of the Ready Reserve component of the National Defense Reserve Fleet. (Sec. 382) Prohibits the Secretary of the Navy from contracting for the construction of any additional sealift ship by a contractor unless such Secretary has submitted to the Congress, at least 60 days before entering into a contract, a certification: (1) with respect to the history of such contractor in meeting cost requirements under any former sealift construction contract; or (2) that such contractor is financially capable of constructing such additional sealift ship without financial assistance from the Government. (Sec. 383) Requires a specified conditional portion of the amount recovered by the government in a fiscal year for losses and expenses incurred by DOD as a result of contractor fraud at military installations to be credited to appropriations accounts of DOD on the basis of the losses actually suffered at each installation as a result of such fraud. Provides appropriate uses of such amounts by the military departments. (Sec. 384) Authorizes lost, abandoned, or unclaimed property found on a military installation to be sold (after reasonable efforts to find the property's owner) and the proceeds credited to the O&M account of such installation to be used to reimburse the installation for sale costs, and, if amounts still remain, to support MWR activities at the installation. Repeals a demonstration program concerning the use of such proceeds under the National Defense Authorization Act for Fiscal Years 1992 and 1993. (Sec. 385) Authorizes the Secretary of the Navy to sell certain designated articles and items of clothing to members of the Navy and Marine Corps, under specified conditions. Directs such Secretary to sell subsistence supplies to members of other armed forces at prices charged to Navy and Marine Corps personnel (equivalent prices). Authorizes such Secretary to sell serviceable supplies other than subsistence supplies to members of other armed forces for the buyers' use in the service. Authorizes persons who have been honorably discharged from any military department and are receiving medical care through the Public Health Service or the Department of Veterans Affairs to buy subsistence supplies at equivalent prices. Authorizes such Secretary to sell to honorably discharged individuals exterior articles of uniform at equivalent prices. Authorizes such Secretary to sell ships' stores to appropriate civilian officers and employees of the United States at military installations: (1) outside the United States; and (2) inside the United States if it is impractical for such officers and employees to obtain such stores from commercial enterprises without impairing the efficient operation of military activities. Requires sales to civilian officers and employees inside the United States to be made only to those residing within military installations. (Sec. 386) Requires, on and after October 1, 1995, the Civilian Marksmanship Program to be operated as a nonappropriated fund instrumentality of the United States within DOD for the benefit of military personnel and for the promotion of rifle practice and firearms safety among civilians. Requires the Program to be under the general supervision of the Advisory Committee for the Promotion of Rifle Practice and Firearms Safety, which replaces the National Board for the Promotion of Rifle Practice. Outlines funding provisions for the Advisory Committee. Provides authorized Program activities, including the operation and maintenance of rifle ranges, firearms marksmanship instruction and safety, and firearms competitions. Authorizes the Program to issue arms, ammunition, targets, and related equipment and supplies to gun clubs providing training to various youth organizations. Authorizes the sale of such items to other gun clubs and citizens for Program purposes. Requires the Program Director, before conveying any weapon or ammunition to a person, to provide for a criminal records check of the person with appropriate Federal and State law enforcement agencies. Authorizes the Director to impose reasonable fees for persons and gun clubs participating in any Program activity. Directs the Secretary of the Army to reserve for the Program all remaining M-1 Garand rifles and related accessories still held by the Army. Outlines participation conditions for military personnel participating in rifle instruction and competitions. (Sec. 387) Directs the Secretary of Defense to report to the Congress describing the advantages and disadvantages of using contractor personnel, rather than civilian DOD employees, to perform DOD functions that are not essential to the military warfighting mission. (Sec. 388) Prohibits the Secretary of Education from considering any payment made to a local educational agency (LEA) by DOD that is available for current expenditures and used for capital expenses as funds available to the Department of Education for Federal impact aid purposes. Outlines conditions under which an LEA shall be eligible to receive additional assistance as a heavily impacted LEA (an LEA having a high proportion of Federally connected children in its schools). Revises provisions concerning the determination of the amount of such aid to LEAs, with a special rule in the case of a heavily impacted LEA. Revises generally provisions concerning the requirement of the use of current year data for providing appropriate assistance to heavily impacted LEAs. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1996. Authorizes a temporary variation in the end strengths for active-duty Navy and Air Force officers in specified grades. (Sec. 403) Prohibits from being counted against officer personnel end strength limits an officer continuing to hold a general or admiral grade after serving as the Chairman of the Joint Chiefs of Staff or the head of a military department. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1996 for Selected Reserve personnel, authorizing the Secretary to vary such end strengths by up to two percent. Provides the end strengths for members of the reserve serving on active duty in support of the reserve. Increases the number of officers of certain grades authorized to serve on such duty. (Sec. 414) Excludes from inclusion in military personnel end strength limitations: (1) members of the Selected Reserve of the Ready Reserve on active duty for more than 180 days in support of cooperative threat reduction programs; and (2) members of the reserve on active duty for 180 days or more for military-to-military contacts and other similar activities. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1996 military training student loads, allowing for certain adjustments consistent with authorized end strengths. Subtitle D: Authorization of Appropriations - Authorizes appropriations to DOD for FY 1996 for military personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Reduces from 1,000 to 500 the number of officers to be designated by the Secretary for critical joint duty assignment positions. Authorizes the Secretary to credit an officer for additional joint duty for service in an assignment any portion of which was performed on or after the date of enactment of this Act and which provided significant experience in joint matters, as long as the officer is recommended for such credit by the head of his or her military department. Grants such credit on a case-by-case basis, requiring the Secretary to prescribe uniform criteria for such credit. Requires information on officers receiving such credit to be included by the Secretary in a required annual report. Exempts general and flag officers from a provision limiting the number of officers receiving such credit in a fiscal year to ten percent of the total number of officers in that pay grade selected for the joint specialty in that fiscal year. Considers an officer to have completed a full tour of joint duty upon completion of a second joint duty assignment that is less than the period required for a first joint duty assignment, but not less than two years, whether or not a minimum joint tour duty length waiver was granted for such officer. (Sec. 502) Reduces from six to five years the minimum service obligation for graduates of the various military service academies. Requires the Secretary to: (1) review the effects that such service periods will have on the number and quality of eligible applicants seeking appointment; and (2) report findings and recommendations to the defense committees. (Sec. 503) Requires any officer appointed Surgeon General of an armed force to be educationally and professionally qualified to furnish health care to other persons, including doctors of medicine, dentistry, and osteopathy, nurses, and clinical psychologists. (Sec. 504) Requires an officer appointed as Deputy Judge Advocate General of the Air Force: (1) to be appointed for a four-year tenure (currently two); and (2) who holds a lower regular grade to be appointed in the regular grade of major general. (Sec. 505) Includes all officers above the major or lieutenant commander grades (currently, above such grades but below lieutenant general or vice admiral) within current eligibility requirements for voluntary retirement. Allows certain general and flag officers to be retired in the highest grade held by such officer only after the Secretary certifies to the President and the Senate that such officer served satisfactorily on active duty in that grade. (Sec. 506) Extends through FY 1996 certain reserve officer management authorities. (Sec. 507) Prohibits an officer from being frocked (authorized to wear the insignia of a higher grade before being promoted to such grade) unless: (1) the Senate has confirmed such officer's nomination for promotion to such grade; and (2) the officer is serving in, or has been ordered to, a position for which that grade is authorized. Prohibits pay, seniority, and time in service benefits from being accrued by frocked officers. Limits the total number of frocked officers in specified grades on the active-duty list. Authorizes a variation for FY 1996 and 1997 in the number of such officers. (Sec. 508) Authorizes the Secretary of the Army to retire any Director of Admissions of the United States Military Academy who has more than 30 years of service as a commissioned officer. Subtitle B: Matters Relating to Reserve Components - Establishes the Department of Defense Ready Reserve Income Insurance Program, administered by the Secretary, to insure Ready Reserve members against the risk of being ordered into covered service. Provides 30 days' automatic enrollment in the Program, with an exception, upon first becoming a member. Requires a member to enroll within such period. Provides as the basic benefit of such insurance $1,000 per month during the period of covered service, allowing a member to elect to reduce or enhance such benefit in specified increments. Defines "covered service" as active duty for more than 30 days in support of involuntary operational missions or during a period of war or national emergency. Requires the Secretary to prescribe the premium rates for such insurance, to be deducted and withheld from the member's basic pay. Authorizes the Secretary to advance to an insured member the amount equal to the first insurance premium payment due. Establishes in the Treasury the Department of Defense Ready Reserve Income Insurance Fund, into which shall be deposited the collected premiums, any amounts appropriated to the Fund, and investment returns. Requires: (1) investing of Fund assets by the Secretary; and (2) a required annual accounting of the Fund. Requires the DOD Education Benefits Board of Actuaries to have actuarial responsibility for the Program. Requires the Board to carry out periodic actuarial valuation of benefits, determine appropriate premium rate methodology, and recommend to the Secretary a premium rate schedule in the event of actuarial gains or losses to the Fund due to changes in actuarial assumptions. Directs the Secretary to request the President to request from the Congress a special appropriation in the event of insufficient Fund assets. Provides for the payment of benefits to designated recipients. Authorizes the Secretary to purchase insurance from eligible insurers in order to provide the benefits required under the Program, allowing the Secretary to terminate such insurance policy at any time. Requires termination of insurance coverage for a member for the nonpayment of premiums, as well as insurance forfeiture upon conviction of certain crimes against the country or refusal to perform service or wear the uniform. (Sec. 512) Includes dentists in critical specialties (currently, only physicians) within a program providing financial assistance for health care professionals in the reserve components. (Sec. 513) Allows reserve personnel performing public safety duty to charge such period of absence to accrued annual leave or compensatory time available. Subtitle C: Uniform Code of Military Justice - Amends the Uniform Code of Military Justice (UCMJ) to provide that if evidence adduced during a military investigation indicates that an accused committed an uncharged offense, then the investigating officer may investigate such additional matter without the accused having first been charged with that offense. (Sec. 524) Requires the imposition of a fine, imprisonment, or both, for an individual who refuses to testify before a court-martial. (Sec. 525) Requires individuals found to be incompetent to stand trial under the UCMJ to be committed to the custody of the Attorney General for hospitalization, examination, and treatment. Provides, depending on hospitalization and examination results, for either continued hospitalization of such individual or release to the convening authority of the court-martial. Requires a person found not guilty by reason of lack of mental responsibility to be committed to a suitable facility until the person is eligible for release after examination and an appropriate hearing. (Sec. 526) Requires any forfeiture of pay or allowances or reduction in grade included in a court-martial sentence to take effect on the earlier of: (1) 20 days after the sentence is adjudged; or (2) the date on which the sentence is approved by the convening authority (current law). Authorizes the convening authority to defer such forfeitures or reduction until the date on which the sentence is approved. Requires court-martial sentences that include confinement for one year or more, death, dishonorable discharge, or dismissal to result in the forfeiture of all pay and allowances due to such member during the confinement or parole. Authorizes the waiver of such forfeitures for up to six months in the case of dependents of such individual. Requires the repayment of all such pay and allowances if the sentence is set aside or disapproved. Revises provisions concerning the deferment of a sentence of confinement in the case of an individual in the custody of a State or foreign country. (Sec. 528) Requires all matters submitted to the convening authority for consideration after a trial by court-martial to be in writing. (Sec. 529) Authorizes a proceeding in revision to correct clerical mistakes in a judgment, order, or other part of the record or any error arising from oversight or omission. (Sec. 530) Provides for appeal by the United States from certain orders or rulings made by a military judge in a court-martial in which a punitive discharge may be adjudged. (Sec. 531) Includes flight from arrest as a punishable action under the UCMJ. (Sec. 532) Removes a gender reference with respect to the UCMJ offense of carnal knowledge with a person under 16 years of age. Provides that, in such a prosecution, it is a defense that the other person was at least 12 years of age and the accused reasonably believed such person to be at least 16. (Sec. 533) Requires newly enlisted personnel to be instructed in the UCMJ within 14 (currently six) days after entrance into active or reserve duty. (Sec. 535) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal the September 30, 1995, delimiting date on the authority of the Chief Justice of the Supreme Court to appoint Federal or district court judges to serve on the U.S. Court of Appeals for the Armed Forces. (Sec. 536) Directs the Secretary and the Attorney General to jointly establish an advisory panel to review and make recommendations on jurisdiction over civilians accompanying military personnel in time of armed conflict. Requires reports. Subtitle D: Decorations and Awards - Authorizes the President to award the Purple Heart to certain persons who were taken prisoner or held captive while serving in the U.S. armed forces before April 25, 1962, and were wounded while being taken prisoner or held captive. Excepts from such awards persons convicted of rendering assistance to the enemy. (Sec. 542) Authorizes the Secretary or the Secretary of a military department to award a decoration to any person for an act, achievement, or service performed while serving on active duty during the Vietnam era. Directs the Secretary of each military department to review all recommendations received for such decorations, and to report findings concerning such review and awards to the defense committees. (Sec. 543) Expresses the sense of the Congress that the Secretaries of the military departments should review the service records of military personnel who performed military intelligence duties between January 1, 1940, and December 31, 1990, in order to determine whether, by reason of mission secrecy, any such personnel were not properly considered for decorations and awards, and if so, to so consider such personnel for such awards. Exempts such consideration from certain time limitation provisions. Subtitle E: Other Matters - Directs the Secretary to establish within his Office an office responsible for the policy, control, and oversight of the entire process for the investigation and recovery of missing persons, as well as the coordination of DOD efforts on such matters with other Federal departments and agencies. Requires search and rescue responsibilities to be established by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Requires the establishment of uniform procedures for the: (1) determination of the status of such persons; and (2) collection, analysis, review, dissemination, and periodic update of related information. Requires the commander of the unit or facility where a person was assigned to make an initial report to the Secretary after receiving information that the whereabouts of a person are uncertain and that the absence may be involuntary. Requires the Secretary to appoint a board to conduct an inquiry as to the whereabouts of a missing person. Directs the board to make a recommendation to the Secretary as to the whereabouts or status of such persons. Prohibits such board from declaring a person dead unless the evidence before it establishes conclusive proof of such person's death. Requires board proceedings to be closed to the public (including the next of kin). Directs the Secretary, after receiving a board recommendation, to determine whether such person shall continue to have a missing status, be declared to have deserted or be absent without leave, or be declared dead. Requires a report to family members and other interested persons. Requires the appointment of an additional board if further information becomes available. Allows the next of kin and other family members to attend inquiries held by the subsequent board. Requires a recommendation by the subsequent board, as well as a report to the Secretary. Directs the Secretary to review such report (together with any objections to board findings filed by family members and other interested persons attending the subsequent board inquiry), and to take appropriate action with respect to a person's status, including notification to family members and other interested persons. Requires, with specified exceptions concerning classified or privileged information or privacy, the Secretary having jurisdiction over a missing person to ensure that the person's personnel file contains all available information relating to the person's disappearance, whereabouts, or status. Prohibits any board from declaring a person dead unless: (1) credible evidence exists; (2) the United States possesses no credible evidence to suggest that such person is alive; and (3) representatives of the United States have made a complete search of the area where the person was last seen and have examined the records of the government or entity having control over such area. Provides additional information to be included in a report when a person is declared dead. Allows military pay for the full time of absence for any person in a missing or dead status under the Missing Persons Act of 1942 who is found alive and is returned to the control of the United States. Directs the Secretary concerned, upon the enlistment or appointment of a person into the armed forces, to require such person to specify the individual to receive information as to the member's whereabouts or status if necessary. Directs the Secretary of State to carry out a comprehensive study of the Missing Persons Act of 1942 and related laws and regulations with respect to accounting for civilian employees or contractors of the United States who serve with or accompany military personnel in the field to determine the means, if any, by which such procedures may be improved. Directs such Secretary to report study results, together with appropriate recommendations for change, to the defense committees. (Sec. 552) Amends the UCMJ to state that the period during which an officer deserts, is absent from duty, is confined by military or civilian authority for more than one day for a trial, or is unable for more than one day to perform his or her duties shall not be counted in computing such officer's length of military service. Provides that the time required to be made up by either an enlisted member or an officer due to such reasons may not be counted in computing years of service. (Sec. 553) Provides for separation from service in cases involving persons sentenced to confinement for one year or more. (Sec. 554) Removes the six-month limit on the duration of field training or practice cruise required under the Senior ROTC Program. (Sec. 555) Authorizes the Secretary of each military department to: (1) review the military record compilation process for potential improvements in the correction of such records; and (2) report study findings and recommendations to the Secretary, who in turn shall transmit such reports to the defense committees. (Sec. 556) Prohibits the Secretary from reducing below a specified amount for FY 1996 and thereafter the total number of DOD medical personnel unless he certifies to the Congress that: (1) the number being reduced is excess to current and projected needs; and (2) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Requires the Assistant Secretary of Defense responsible for health affairs to submit to the congressional defense committees a plan for the reduction in the number of such personnel over a five-year period beginning on October 1, 1996. (Sec. 557) Repeals, with respect to the military service academies, the requirement that the: (1) position of athletic director shall be a position in the civil service; and (2) Superintendent of such academy shall administer a nonappropriated fund account for the athletics program at such academy. (Sec. 558) Prohibits any funds available to DOD from being obligated to carry out a test program for determining the cost effectiveness of transferring to the private sector the operations of one or more military academy preparatory schools. (Sec. 559) Directs the Secretary and the Attorney General to jointly establish an advisory panel on centralized review of DOD administrative personnel actions. Requires a report from the panel to the Secretary and the Attorney General, to be transmitted, together with comments, to the Congress. Terminates the panel 30 days after submission of its report. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1996 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay and basic allowance for subsistence (BAS) by 2.4 percent and the basic allowance for quarters (BAQ) by 5.2 percent, on January 1, 1996. (Sec. 602) Authorizes a member without dependents who is in pay grade E-6 and who is assigned to U.S. quarters that do not meet minimum adequacy standards established by DOD for such pay grade to elect not to occupy such quarters and instead receive the BAQ prescribed for his or her pay grade. (Sec. 603) Authorizes as of July 1, 1996, the payment of a BAQ for enlisted personnel in the pay grade of E-6. (Sec. 604) Prohibits the reduction of the minimum monthly variable housing allowance (VHA) for members living in high cost areas as long as such member maintains uninterrupted eligibility to receive the VHA within that area and his or her certified housing costs are not reduced. Increases the total amount available for the VHA to cover additional payments permitted under this section. Requires an implementation report from the Secretary to the Congress. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1997: (1) certain enlistment and reenlistment bonuses for the reserves; (2) the nurse officer candidate accession program; (3) the accession bonus for registered nurses; (4) incentive special pay for nurse anesthetists; (5) the authority relating to the payment of other bonuses and special pay for active duty officer and enlisted personnel; and (6) the authority of the Secretary concerned to repay education loans for certain health professionals who serve in the Selected Reserve of a military department. (Sec. 614) Provides to both warrant officers (current law) and enlisted members of specified grades hazardous duty incentive pay for service as air weapons controllers. (Sec. 615) Reduces from nine to eight of the first 12 years of aviation service the period during which an officer must perform operational flying duties in order to receive aviation career incentive pay. (Sec. 617) Provides continuous entitlement to career sea pay for crew members of a ship designated as a tender-class ship. (Sec. 618) Authorizes the Secretary concerned, effective as of January 1, 1996, to increase to a maximum of $375 monthly the rate of special duty assignment pay for enlisted personnel serving as military recruiters. Subtitle C: Travel and Transportation Allowances - Repeals a requirement that DOD travel allowances must be based on distances established over the shortest normally traveled route, and under mileage tables prepared under the direction of the Secretary. (Sec. 622) Provides a departure allowance when dependents of military personnel are authorized (currently, only when ordered) by competent authority to depart from an area. (Sec. 623) Provides a dislocation allowance for those directed to move as a result of a base closure or realignment. (Sec. 624) Includes students who cease to be enrolled in a foreign institution of higher education within a provision authorizing the Secretary concerned to return to the United States formerly dependent children of military personnel who attain a nondependent age while overseas. Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes certain members of the Ready Reserve to use DOD commissary stores for a period of one year on the same basis as members on active duty. (Currently, such members are permitted such use for 12 days of any calendar year during which the members are eligible.) (Sec. 632) Authorizes full commissary use (currently limited to 12 days a year) for members of the Retired Reserve (and their survivors) who are under 60 years of age and would be eligible for retired pay except that they are under such age. (Sec. 633) Authorizes the use of MWR facilities on the same basis as members on active duty for: (1) members of the Selected Reserve in good standing; (2) members of the Ready Reserve other than members of the Selected Reserve; and (3) members of the reserve under age 60 who would be eligible for retired pay except that they are under such age. Allows such use for the dependents of (1) and (3), above. Subtitle E: Other Matters - Makes first payable in March (currently, September) of the following year cost-of-living increases for military retired pay that become effective in 1994 or 1995 (currently, 1994 through 1997). (Sec. 642) Makes ineligible for retired pay a person who is convicted of an offense under the UCMJ and whose executed sentence includes death, a dishonorable or bad conduct discharge, or dismissal (in the case of an officer). (Sec. 643) Allows to be deducted from the pay of: (1) a Federal employee the administrative costs of executing legal process in a garnishment action; and (2) members of the armed forces the administrative costs of establishing and maintaining an involuntary allotment from military pay. Provides for the disposition of amounts withheld for such administrative costs. (Sec. 644) Increases from $100,000 to $200,000 the maximum amount of life insurance coverage under the Servicemen's Group Life Insurance (SGLI). Repeals a provision authorizing a member to increase such coverage amounts in increments of $10,000 to a maximum of $200,000. (Sec. 645) Terminates SGLI coverage for members of the Ready Reserve who fail to pay the required premiums 120 days after the Secretary concerned transmits to such member a termination notification. (Sec. 646) Directs the Secretary to report to the Congress on the possible extension to junior noncommissioned officers (pay grades E-5 and 6) the same privileges provided for senior noncommissioned officers (those above E-6), including the privileges to mess (eat) separately and to receive a BAS. (Sec. 647) Authorizes the payment to survivors of deceased military personnel of all leave accrued but unused. (Sec. 648) Directs the Secretary concerned to pay an annuity to the qualified surviving spouse of each member of the armed forces who: (1) died before March 21, 1974, and was entitled to retired or retainer pay on the date of death; and (2) was a member of a reserve component during the period beginning on September 21, 1972, and ending on October 1, 1978, and at the time of death would have been eligible for retired or retainer pay except that the person was under 60 years of age. Defines a qualified spouse as one who has not remarried and is not eligible for an annuity under the Survivor Benefit Plan. Provides an annuity amount of $165 monthly, adjusted periodically with cost-of-living increases. (Sec. 649) Provides transitional compensation for dependents of all members (currently, active-duty personnel) separated from service for dependent abuse. Title VII: Health Care - Subtitle A: Health Care Services - Authorizes the provision of authorized medical care and services under CHAMPUS for surviving dependents of Retired Reserve personnel who die before age 60. (Sec. 702) Authorizes the Secretary to establish a dental insurance plan for members of the Selected Reserve of the Ready Reserve. Requires within such plan voluntary enrollment and premium sharing between DOD and the members enrolled, with a member premium limit of $25 monthly. Outlines provisions concerning plan benefits and termination. Authorizes appropriations. (Sec. 703) Provides under CHAMPUS: (1) for military dependents under six years old, health promotion and disease prevention visits, as well as immunizations; and (2) for those six years old or older, health promotion and disease prevention visits in connection with immunizations or with diagnostic or preventive pap smears and mammograms. (Sec. 704) Makes permanent (currently ends September 30, 1995) the authority of the Secretary to carry out a specialized treatment facility program. (Sec. 705) Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to make special provisions for the enrollment under Medicare Part B of retired military personnel (and their dependents) who are eligible as covered beneficiaries for CHAMPUS medical and dental care and who are adversely affected by the closure of a military medical treatment facility of DOD pursuant to the closure or realignment of a military installation. Waives the Medicare Part B late enrollment penalty for such individuals. Subtitle B: TRICARE Program - Requires a military medical facility to provide to the covered beneficiaries enrolled in a health care plan of such facility the same health care benefits as are available to covered beneficiaries in that catchment area under the DOD managed health care program (TRICARE Program). Provides transitional provisions. (Sec. 713) Expresses the sense of the Senate that the Secretary should take steps to ensure that covered CHAMPUS beneficiaries who are also eligible for Medicare and reside in a TRICARE region have adequate access to health care services after the implementation of the TRICARE Program in that region. (Sec. 714) Directs the Secretary during FY 1996 to carry out a pilot program, in a region in which the TRICARE Program has been implemented, for the provision of wraparound services (individualized mental health services provided in return for payment on a case-by-case basis) to covered beneficiaries who are children in need of such services. Requires a pilot program: (1) agreement, with specified requirements, between the Secretary and a mental health services provider; and (2) report from the Secretary to the defense committees. Subtitle C: Uniformed Services Treatment Facilities - Amends the Department of Defense Authorization Act, 1984, to extend through September 30, 1997, the authority of specified Secretaries to terminate the status of certain medical facilities as uniformed services treatment facilities (USTFs). (Sec. 722) Amends the National Defense Authorization Act for Fiscal Year 1991 to subject USTFs and any participation agreement between USTFs and the Secretary to the Federal Acquisition Regulation (FAR). (Sec. 723) Makes a USTF responsible for paying charges imposed by a private facility or health care provider for providing care outside the catchment area of the USTF to a member of the armed forces enrolled in a USTF health care plan. Directs the Secretary to require a CHAMPUS health care provider to provide such care in accordance with the same payment rules. Subtitle D: Other Changes to Existing Laws Regarding Health Care Management - Makes available for two fiscal years three percent of the funds authorized to be appropriated for a fiscal year for programs and activities carried out under CHAMPUS. (Sec. 732) Provides the maximum allowable payment to individual health care providers under CHAMPUS, with an exception when necessary to ensure that covered beneficiaries retain adequate access to health care services. Provides transition provisions. (Sec. 733) Authorizes the Secretary of Transportation (currently, only the Secretary of Defense) to enter into personal services contracts to carry out health care responsibilities with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy. Ratifies any such contract entered into before the effective date of this Act. (Sec. 734) Amends title XI (General Provisions and Peer Review) of the Social Security Act to authorize the use of information contained in the Medicare and Medicaid Data Bank to assist in the identification of, and collection from, third parties responsible for the reimbursement of costs incurred by the United States for health care services furnished to CHAMPUS beneficiaries. Subtitle E: Other Matters - Authorizes the Board of Regents of the Uniformed Services University of the Health Sciences to establish at the University a program of research on the furnishing of care and services by nurses in the armed forces, to be known as the TriService Nursing Research Program. Requires Program administration by a TriService Nursing Research Group composed of military nurses who are involved in military nursing research and designated by the Secretary concerned. Provides research topics. (Sec. 742) Establishes a Fisher House Trust Fund in both the Army and the Air Force, funds of which are to be used for the operation of Fisher houses, which are housing facilities located in proximity to military medical treatment facilities and available for residential use on a temporary basis by patients at such facilities, as well as their family members or others providing the equivalent of familial support for such patients. Requires expenditures from such trust funds to be made only under annual appropriations and only if specifically authorized by law. (Sec. 743) Includes the Coast Guard within a Federal provision limiting the prices that may be charged to certain Federal departments and agencies by manufacturers of pharmaceuticals when purchased for use in medical facilities of such departments and agencies. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Reform - Requires funds appropriated for any fiscal year after 1995 that are administratively reserved or committed for satellite on-orbit incentive fees to remain available for obligation until the fee is earned, but only if and to the extent that applicable Federal law is complied with in the reservation and commitment of funds for such purpose. (Sec. 802) Amends the Office of Federal Procurement Policy Act to require an executive agency to publish for at least ten days in advance a notification of the intent to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000. (Current law has no price limits on such required notification.) (Sec. 803) Amends the Federal Acquisition Streamlining Act of 1994 to require the head of a Federal agency to make management decisions on all findings and recommendations set forth in an audit report of the inspector general of such agency within a maximum of six months after the issuance of the report, and to make such decisions on findings and recommendations of an audit report from outside the Federal Government within six months after the date on which the head of the agency receives the report. Requires completed actions with respect to an inspector general's findings and recommendations within 12 months after the date of the inspector general's report. (Sec. 804) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to direct the Secretary to establish a test program under which contracting activities in the military departments and defense agencies are authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of comprehensive subcontracting plans will reduce administrative burdens on contractors while enhancing opportunities provided under DOD contracts for small businesses as well as small businesses owned and controlled by socially and economically disadvantaged individuals. Requires a broad range of the supplies and services acquired by DOD to be included in the test program. Includes as covered contractors under the test program those which furnished DOD with supplies or services pursuant to at least three contracts having an aggregate value of at least $5 million. (Sec. 805) Authorizes the Secretary of the Navy to contract or otherwise provide for necessary salvage facilities for public and private vessels if: (1) available commercial salvage facilities are inadequate to meet the Navy's requirements; and (2) such Secretary provides public notice of the intent to enter into such contracts. Authorizes such Secretary to acquire or transfer such vessels and equipment for operation by private salvage companies as necessary. Provides for: (1) the settlement of salvage claims; and (2) the disposition of receipts. (Sec. 806) Repeals a Federal provision authorizing the Secretary of a military department to delegate certain contracting authority. (Sec. 807) Requires any defense research paper issued or technological assessment made by a defense research facility with respect to a major weapon system to be made part of the record for the purpose of making acquisition program (currently, milestone 0, I, and II) decisions. (Sec. 808) Applies defense procurement requirements to the purchase of supplies used for experimental or test purposes only when such purchases are made in quantity. (Sec. 809) Repeals a provision requiring certain quality control in the procurement of critical aircraft and ship spare parts. (Sec. 810) Authorizes funds appropriated to a military department to be used for the acquisition of design and process data. (Sec. 811) Revises provisions concerning the content of regulations required for independent cost estimates with respect to various phases of major defense acquisition programs. (Sec. 812) Allows the United States to recoup indirect (currently, only direct) fees associated with the use of DOD laboratories and other facilities for the testing of materials and equipment. (Sec. 813) Subjects to the Walsh-Healey Act each contract for the construction, alteration, furnishing, or equipping of a naval vessel, unless the President determines that such requirement is not in the interest of national defense. (Sec. 814) Requires any contractor agreeing to allow the inclusion or incorporation of defense features on aircraft owned by such contractor for possible use with the Civil Reserve Air Fleet to operate such aircraft for DOD as needed during any activation of the Fleet (currently, only permitted during activation of the full Fleet). Subtitle B: Other Matters - Earmarks specified O&M funds authorized under this Act for DOD procurement technical assistance programs, further earmarking such funds for technical assistance in certain distressed areas. (Sec. 822) Considers a DOD cable television franchise agreement as a contract for telecommunications services for purposes of part 49 of the FAR. Title IX: Department of Defense Organization and Management - Redesignates the Assistant to the Secretary of Defense for Atomic Energy as the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, with appropriate responsibilities. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer authorizations made available to DOD in this Division for FY 1996 between any such authorizations for such fiscal year. Limits to $2 billion the total authorized transfers. Directs the Secretary to promptly notify the Congress of each such transfer. (Sec. 1002) Removes a requirement prohibiting the Secretary from designating DOD personnel as disbursing officials for departmental pay and expenses of the District of Columbia. Revises disbursing authority with respect to DOD and its individual military departments. Authorizes military personnel under the Secretary's jurisdiction to certify vouchers when authorized, in writing, by the Secretary. (Sec. 1003) Establishes in the Treasury the Defense Modernization Account. Provides for credits to the Account. Requires Account funds to be used for: (1) increasing the quantity of items and services procured under a procurement program in order to achieve a more efficient production or delivery rate; and (2) RDT&E and procurement necessary for modernization of an existing system or a system being procured under an ongoing procurement program. Provides Account use limitations. Limits to $500 million the funds that may be transferred from the Account in any fiscal year for such procurement modernization purposes, requiring the Secretary to notify the congressional defense committees prior to any such transfers. Requires quarterly reports from the Secretary to such committees concerning Account credits, transfers, and expenditures. Makes such provision inapplicable to the Coast Guard when it is not operating as a service in the Navy. (Sec. 1004) Adjusts the amounts authorized for appropriation in the National Defense Authorization Act for Fiscal Year 1995 by the increases and decreases in title I of the Emergency Supplemental Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995. (Sec. 1005) Limits to $500,000 the funds authorized to be obligated or expended by the Secretary for emergency and extraordinary expenses until the Secretary has notified the congressional defense committees of the intent to obligate such funds and, in the case of an obligation or expenditure in excess of: (1) $1 million, 15 days have elapsed since the notification; or (2) $500,000, but no more than $1 million, 5 days have elapsed since such notification. Removes the time requirements of (1) and (2), above, when the Secretary determines that the national security objectives will be compromised by such delay. Requires the Secretary to notify such committees when such waiver authority is exercised. (Sec. 1006) Authorizes the Secretary, beginning after FY 1994, to transfer funds to military appropriations for a fiscal year out of funds available to DOD from the Foreign Currency Fluctuations, Defense, appropriation. Authorizes the Secretary, after FY 1993, to transfer to such appropriations unobligated amounts of funds appropriated for O&M and military personnel. Provides transfer limits. (Sec. 1007) Directs the Secretary to submit to the congressional defense committees a special report on funding for the reserve components. Subtitle B: Naval Vessels - Directs the Secretary of the Navy to list and maintain on the Naval Vessel Register at least two of the Iowa class battleships that were stricken from the Register in February, 1993. Requires selection of such battleships that are in the best material condition. Requires such Secretary to retain logistical support to maintain the battleships. Terminates this provision when such Secretary notifies the defense committees that the Navy has an operational fire support capability that equals or exceeds that of the Iowa class battleships. (Sec. 1012) Authorizes the Secretary of the Navy to transfer on either a grant or lease basis specified naval frigates to the governments of Bahrain, Egypt, Oman, Turkey, and the United Arab Emirates. Waives specified congressional notification requirements with respect to such transfers. Terminates such transfer authority two years after the enactment of this Act, except that a lease entered into during such period may be renewed. Subtitle C: Counter-Drug Activities - Revises generally provisions concerning the authority for Federal support of State drug interdiction and counter-drug activities of the National Guard. Repeals a provision excluding National Guard personnel performing such activities from annual reserve duty end strength limitations. Allows National Guard personnel to be ordered to perform full-time National Guard duty in support of such activities. Authorizes the governor of a State to request such personnel to perform such duty. Requires the Attorney General of a State to certify that the use of such personnel for such purposes is authorized by, and consistent with, State law, and that it serves an appropriate State law enforcement purpose. Limits to 4000 the number of National Guard personnel performing such activities for a State for a period of more than 180 days. Authorizes the Secretary to increase such limits by not more than 20 percent for any fiscal year if determined necessary for national security purposes. (Sec. 1022) Prohibits, with an exception, the use of funds made available to DOD for obligations or expenses of the National Drug Intelligence Center, Johnstown, Pennsylvania. (Sec. 1023) Directs the Secretary to either: (1) procure nonintrusive inspection systems and transfer such systems to the U.S. Customs Service; or (2) transfer funds to the Secretary of the Treasury for such procurement. Earmarks funds authorized under this Act for such purpose. Subtitle D: Department of Defense Education Programs - Reaffirms the congressional commitment towards the continuation of the Uniformed Services University of the Health Sciences. Prohibits, during the five-year period beginning on October 1, 1995, the personnel staffing levels for the University from being reduced below such levels as of October 1, 1993. (Sec. 1032) Authorizes the Board of Regents at the University to establish a graduate school of nursing and other programs determined necessary in order to operate the University cost-effectively. (Sec. 1033) Earmarks funds authorized under this Act to fund basic adult education programs for military personnel (and their dependents) serving outside the United States. (Sec. 1034) Limits to enlisted members of the Air Force (currently, enlisted members of the armed forces) the scope of educational programs offered at the Community College of the Air Force. (Sec. 1035) Changes from December 15 to March 1 annually the due date of a reporting requirement of the Secretary with respect to the operation of the DOD educational assistance program. Subtitle E: Cooperative Threat Reduction With States of the Former Soviet Union - Prohibits the obligation of cooperative threat reduction (CTR) program funds to assist nuclear weapons scientists in States of the former Soviet Union until 30 days after the Secretary certifies to the Congress that such funds will not be used to contribute to the modernization of the strategic nuclear forces of such States or for R&D or production of weapons of mass destruction. (Sec. 1043) Withholds $50 million of the funds for CTR programs until the President certifies to the Congress that Russia is in compliance with its obligations under the Biological Weapons Convention. Subtitle F: Matters Relating to Other Nations - Authorizes NATO organizations to participate in cooperative R&D projects under the Arms Export Control Act. (Sec. 1052) Expresses the sense of the Congress recognizing the importance to the United States of effective export controls on dual-use (military and commercial) items and technologies that are critical to the military capabilities of U.S. armed forces. Calls for the Government to identify such critical items and technologies and exercise effective export control over them. Directs the Secretary to report to the Congress on the effect of such export control policy on U.S. national security interests. Directs the Secretary to: (1) review each application submitted to the Secretary of Commerce for a license for the export of a class 2, 3, or 4 biological pathogen to a country known or suspected to have an offensive biological weapons program in order to determine if such an export would be contrary to U.S. national security interests; (2) inform such Secretary of the countries suspected of having such a program; (3) notify such Secretary if the export of a biological pathogen would be contrary to U.S. interests; and (4) have such Secretary deny the application. (Sec. 1053) Directs the Secretary to establish a program under which he may issue guarantees assuring a lender against losses of principal or interest, or both, arising out of the financing of the sale or long-term lease of defense articles or services, or design and construction services, to: (1) NATO countries; (2) countries designated as of March 31, 1995, as major non-NATO allies; (3) a country in Central Europe which has or is changing its form of government to a democracy; and (4) a noncommunist country that was a member nation of the Asia Pacific Economic Cooperation as of October 31, 1993. Provides for loan limitations, fees, and payment terms. Requires the President to report to the Congress on the loan guarantee program. (Sec. 1054) Amends the National Defense Authorization Act for Fiscal Year 1995 with regard to its landmine clearing assistance program to prohibit FY 1996 funds from being used for military personnel involvement in such activities until 30 days after the Secretary certifies to the Congress that such involvement satisfies military training requirements for such personnel. Terminates the authority to provide such assistance as of the end of FY 1996. Provides FY 1996 funding for such program. (Sec. 1055) States that it shall be the policy of the United States that: (1) the President should ensure that any conventional defense system or technology offered by the United States for sale to NATO nations or major non-NATO allies is concurrently made available to Israel unless the President determines that such would not be in the national security interests; and (2) the President should make available to Israel advanced U.S. technology necessary for achieving continued progress in cooperative U.S.-Israel R&D of theater missile defenses. (Sec. 1056) Expresses the sense of the Congress that the Secretary of the Navy should take appropriate action to improve the services available to the Navy at the Port of Haifa, Israel, and ensure that increasing commercial activities there does not adversely affect the availability of required services to the Navy there. (Sec. 1057) Prohibits DOD funds from being obligated or expended to provide financial assistance to any country determined to support international terrorism either directly or in granting sanctuary from prosecution to individuals or groups which engage in such activities. Authorizes a waiver by the President for national security purposes, requiring notification to specified congressional committees when exercising such waiver. (Sec. 1058) Expresses the sense of the Congress supporting international military education and training and other forms of cooperation between U.S. armed forces and the armed forces of countries which are allies with or friendly to the United States. Authorizes the Secretary, upon the recommendation of a commander of a combatant command or the Chairman of the Joint Chiefs of Staff, to pay a portion of the costs of providing international military education and training to military and civilian personnel of foreign countries who perform national defense functions. Provides FY 1996 funding for such activities. (Sec. 1059) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal a limitation with respect to the purchase or construction of American diplomatic facilities in Germany. (Sec. 1060) Earmarks specified funds authorized under this Act for implementing arms control agreements to which the United States is a party, with a limitation. (Sec. 1061) Expresses the sense of the Congress that: (1) the President should consult with the Congress regarding any UN peace operations that could involve U.S. combat forces, and should do so before a UN vote on such action is taken; (2) such forces should participate only when it is clearly in the national security interest to do so; (3) in such situations, U.S. combat forces should be under the operational control of qualified commanders; and (4) none of such forces should be under operational control of foreign nationals except in the most extraordinary circumstances. Subtitle G: Repeal of Certain Reporting Requirements - Repeals miscellaneous reporting requirements under Federal armed forces and military pay provisions, provisions of defense authorization and appropriation Acts, national security laws, and other related laws and Acts. Excuses DOD from certain reporting requirements of the Joint Committee on Printing regarding printing-related matters. Subtitle H: Other Matters - Directs the Secretary to turn off the selective availability feature of the global positioning system by May 1, 1996, unless he submits to the defense committees a specified plan with respect to the development and acquisition of capabilities to deny hostile military forces the ability to interfere with or disrupt the system. (Sec. 1082) Expresses the sense of the Congress that, unless and until the START II Treaty enters into force, the Secretary should not take any action to dismantle or retire specified nuclear delivery systems. Prohibits FY 1996 DOD funds from being used for such purpose. (Sec. 1083) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1997 the National Guard Civilian Youth Opportunities pilot program. (Sec. 1084) Directs the Secretary to report to the defense committees on the status of current and possible continued support of boards and commissions operating within or for DOD. (Sec. 1085) Amends the Department of Defense Authorization Act, 1986, to revise the purposes for the provision of Army support for the National Science Center for Communications and Electronics. Authorizes the Secretary to manage, operate, and maintain facilities at the Center in order to conduct educational outreach programs. Authorizes fundraising activities for the management and operation of the Center and the support of its activities. Directs the Secretary to prescribe criteria for determining whether to accept a donation for such Center. Authorizes the Secretary to enter into an agreement with NSC Discovery Center, a nonprofit organization, to develop, manage, and maintain a national science center under this section. (Sec. 1086) Authorizes the Secretary to suspend or terminate an action for collection of a claim against the estate of a person who died while serving on active duty in the armed forces if circumstances make it appropriate to do so. (Sec. 1087) Increases to up to $100,000 (currently, $40,000) the maximum limit for a claim by a member of the armed forces for damage to property during a relocation when such claim arose from an emergency evacuation or from extraordinary circumstances which occurred on or after June 1, 1991. (Sec. 1088) Authorizes, with limitations, dependents of Government employees to utilize check cashing and other exchange transactions through Government disbursing officials. Requires a pay offset from the dependent's sponsor for any deficiencies resulting from a dependent's transactions, including charges for insufficient funds. (Sec. 1089) Entitles veterans with total disability ratings to travel on military aircraft in the same manner and to the same extent as retired military personnel. (Sec. 1090) Authorizes the Secretary to transport to Hawaii for medical care children under 18 years old who reside in the Pacific Rim region, are crippled and in need of medical care due to such condition, will be admitted to a medical facility in Honolulu which specializes in providing such care, and are unable to afford the cost of such transportation. Authorizes the Secretary to transport one adult attendant accompanying such child. (Sec. 1091) Expresses the sense of the Senate that educational institutions should not have a policy of denying the Secretary from obtaining for military recruiting purposes: (1) entry to any campus or access to students equal to that of other employers; or (2) access to directory information pertaining to such students. Encourages the Secretary to prescribe regulations for determining if and when such an institution has denied such student access. (Sec. 1092) Requires advance medical directives executed by military personnel eligible for legal assistance to be exempt from legal requirements of State law and given the same legal effect as a directive executed in accordance with State law. Provides that such directives shall not be enforceable in a State that does not otherwise recognize and enforce such directives. (Sec. 1093) Directs the Secretaries of Defense and Energy to report to specified congressional committees within 30 days after the enactment of this Act on military manpower requirements necessary to implement export controls on certain weapons transfers. (Sec. 1094) Includes the period between July 1, 1958, and August 4, 1964, within the Vietnam era in the case of veterans who served on active military duty in the Vietnam theater of operations during such period.

Military Construction Authorization Act for Fiscal Year 1996

United States · United States Congress · 7 August 1995

TABLE OF CONTENTS: Title XXI(sic): Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Defense Base Closure and Realignment Subtitle C: Land Conveyances Subtitle D: Transfer of Jurisdiction and Establishment of Midewin National Tallgrass Prairie Subtitle E: Other Matters Military Construction Authorization Act for Fiscal Year 1996 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. (Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 1995 to increase the authorized amount for a military construction project at the Patuxent River Naval Warfare Center, Maryland. (Sec. 2206) Amends the Military Construction Authorization Act for Fiscal Year 1993 to: (1) decrease the amount authorized for a military construction project relating to Damneck, Fleet Combat Training Center, Virginia; and (2) authorize, with the use of the funds under (1), above, a military construction project at the Norfolk Naval Base, Virginia. Extends through a conditional date the authorization for the Norfolk project. (Sec. 2207) Authorizes the Secretary of the Navy to acquire all rights and interest to specified property at Henderson Hall, Arlington, Virginia, to demolish a mausoleum there, and to provide for the appropriate disposition of the remains contained therein. Authorizes such Secretary to then obtain architectural engineering and design services for the construction of a Marine Corps office and warehouse facility on such property. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense (Secretary) to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. (Sec. 2402) Earmarks funds authorized under this title for crediting to the Department of Defense Housing Improvement Fund to carry out appropriate activities. (Sec. 2403) Authorizes the Secretary to: (1) improve existing military family housing in a specified amount; and (2) carry out energy conservation projects. (Sec. 2405) Authorizes appropriations for FY 1996 for military construction, land acquisition, and military family housing functions of the Department of Defense (DOD). Limits the total cost of construction projects authorized under this title. (Sec. 2406) Amends the Military Construction Authorization Act for Fiscal Year 1995 to increase the authorized amounts for military construction projects at the Pine Bluff Arsenal, Arkansas, and the Umatilla Army Depot, Oregon. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions for the NATO Infrastructure Program and authorizes appropriations for fiscal years after 1995 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1995 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 2602) Amends the Military Construction Authorization Act for Fiscal Year 1994 to decrease the amount authorized for FY 1994 for Air National Guard projects. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI on October 1, 1998, or the date of enactment of an Act authorizing funds for military construction for FY 1999, whichever is later, with exceptions. Extends certain FY 1992 and 1993 military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Authorizes the Secretary of the military department concerned, when carrying out a minor military construction project not otherwise authorized by law to correct a life-, health-, or safety-threatening deficiency, to expend up to $3 million for such project. (Currently, general minor military construction projects are limited to $1.5 million.) Authorizes such Secretary to use O&M funds to carry out such special projects which exceed $1 million. (Sec. 2803) Makes inapplicable to the acquisition of existing family housing in lieu of new construction for military family housing for five years after the enactment of this Act specified Federal provisions which limit by pay grade the net floor area authorized for such housing. Extends permanently (currently expired on September 30, 1994) the authority of the Secretary concerned to waive such net floor area limitations during the acquisition by purchase of military family housing for military personnel in pay grades below O-6. (Sec. 2805) Waives the above net floor area limits with respect to the construction, acquisition, or improvement of family housing units during the five-year period beginning on October 1, 1995. (Sec. 2806) Increases from: (1) 300 to 450 the number of military family housing units that may be leased in foreign countries for no more than $25,000 per unit per year; and (2) 220 to 350 the number of such units for which such maximum lease amount may be waived for incumbents of special positions or in other special circumstances. (Sec. 2807) Extends to all military departments (currently only the Navy) the authority to enter into limited partnerships with private developers for the development of military family housing. Redesignates the Navy Housing Investment Account as the Defense Housing Investment Account. Terminates the Navy Housing Investment Board. Extends through FY 2000 the authority to enter into such partnerships. (Sec. 2808) Revises limitations on cost increases with respect to contracts for the construction of military family housing. (Sec. 2809) Authorizes the Secretary to convey any military family housing facilities that, due to damage or deterioration, is in a condition that is uneconomical to repair. Makes such authority inapplicable to housing facilities on military installations approved for closure under a base closure law or at facilities outside the United States at which the Secretary terminates operations. Limits to $5 million in any fiscal year the aggregate total value of the facilities authorized to be conveyed. Outlines provisions concerning: (1) consideration; (2) a requirement to notify the Congress 21 days in advance; (3) the inapplicability of certain Federal property disposal laws; and (4) the deposit of conveyance proceeds into the Department of Defense Military Housing Improvement Fund to be used for construction of new military family housing. (Sec. 2810) Includes water efficient maintenance within a current DOD energy performance goal and plan. (Sec. 2811) Authorizes the Secretary concerned to exercise any authority to provide for the acquisition, construction, improvement, or rehabilitation by private persons of: (1) family housing units on or near military installations within the United States and its territories and possessions; and (2) unaccompanied housing units on or near such installations. Authorizes such Secretary to make direct loans and loan guarantees to such private persons for such purposes, with loan and guarantee limits. Allows such loans and guarantees to be made only to the extent that appropriations are made in advance or other authority is provided in appropriation Acts. Authorizes the Secretary concerned to: (1) contract for the lease of family or unaccompanied housing units to be constructed, improved, or rehabilitated for such purposes; and (2) invest in nongovernmental entities carrying out such projects, with an investment value limit. Authorizes such Secretary to enter into collateral incentive agreements with nongovernmental entities under which such entities agree to ensure a preference to military personnel in the lease or purchase of a reasonable number of houses covered by the investment. Authorizes the Secretary concerned to enter into rental guarantees which assure the occupancy of units and the appropriate rental income which should be derived from such units, allowing such Secretary to pay more than the rental amount to encourage a lessor to make such housing available to military personnel. Authorizes the Secretary concerned to convey or lease property or facilities to private persons and use the proceeds to carry out such military housing activities. Makes such authority inapplicable to property or facilities at a military installation approved for closure under a base closure law. Provides, with respect to construction of new housing facilities, for: (1) interim leases prior to the completion of an entire project; (2) required conformity in room patterns and floor areas with similar military family housing units in the locale; (3) the inapplicability of current floor space limitations based on pay grade; and (4) the acquisition or construction of appropriate support facilities to accompany such family housing. Authorizes the Secretary concerned to: (1) assign military personnel to housing units acquired under these provisions; and (2) obtain housing lease payments through pay allotments. Establishes in the Treasury the Department of Defense Housing Improvement Fund and provides credits to the Fund. Requires such funds to be used for such military housing activities. Limits to $1 billion the total value in budget authority of all contracts, agreements, and investments undertaken under these provisions for such military housing activities. Requires the Secretary to report: (1) to appropriate congressional committees on each contract or agreement entered into for such military housing activities; and (2) annually in conjunction with the budget submission by the President on the use of authorities provided under these provisions. Terminates five years after the enactment of this Act the authority to enter into any transaction for such military housing activities. Requires a final report from the Secretary to the congressional defense committees no later than March 1, 2000. (Sec. 2812) Makes permanent (currently ends on September 30, 1995) the authority of the Secretary to enter into leases of land for special operations activities. Requires the Secretary to report annually to the defense committees on leasehold interests acquired for such purposes. (Sec. 2813) Authorizes the use of DOD funds for the construction of school facilities under the Elementary and Secondary Education Act of 1965. Subtitle B: Defense Base Closure and Realignment - Authorizes the Secretary concerned to accept the services of a lessee for an entire installation to be closed or realigned under a base closure law, or any part of such installation, without regard to the normal requirement that a substantial portion of the installation be leased. (Sec. 2822) Amends the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990 (the base closure laws) to authorize the Secretary to enter into any type of agreement (currently, to contract) for the provision of community services at installations being closed or realigned. (Sec. 2823) Amends the Defense Base Closure and Realignment Act of 1990 to authorize the use during FY 1996 of funds in the Defense Environmental Restoration Account for environmental restoration at installations approved for closure or realignment under such Act. (Sec. 2824) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the lease of real property located at an installation approved for closure under a base closure law if: (1) the lessee has agreed to purchase the property; (2) the EPA Administrator has determined the property suitable for leasing; and (3) there are adequate assurances that the United States will take all environmental remediation action still required on such property. Subtitle C: Land Conveyances - Authorizes the Secretary of the Air Force to acquire a parcel of real property adjacent to Shaw Air Force Base, South Carolina. Authorizes a land exchange of equivalent fair market value in order to receive such property. (Sec. 2832) Authorizes the Secretary of the Navy to enter into an agreement with the Port Authority of Mississippi under which the Port Authority may use up to 50 acres of real property and related facilities at the Naval Construction Battalion Center, Gulfport, Mississippi. Outlines agreement terms, restrictions, and limitations, including the requirement that the use of such property must be consistent with Navy operations at the Center. Requires congressional notification 21 days before entering into such an agreement. Authorizes such Secretary to use proceeds received from the fair rental value of such property for general administrative costs at the Center. (Sec. 2833) Authorizes the Secretary of the Navy to convey to: (1) Burlington County, New Jersey, the resource recovery facility at Fort Dix, New Jersey; (2) Augusta, Georgia, specified water and wastewater treatment plants at Fort Gordon, Georgia; (3) Blackstone, Virginia, a water treatment plant at Fort Pickett, Virginia; (4) the Southern California Edison Company the electric power distribution system at Fort Irwin, California; and (5) the Weyerhaeuser Real Estate Company, Washington, a specified portion of real property at Fort Lewis, Washington (requiring a land exchange from Weyerhaeuser as part of such conveyance). Subtitle D: Transfer of Jurisdiction and Establishment of Midewin National Tallgrass Prairie - Illinois Land Conservation Act of 1995 - Directs the Secretary of Agriculture (Secretary, for purposes of this Subtitle) to establish the Midewin National Tallgrass Prairie (MNP) to consist of portions of the Joliet Army Ammunition Plant (Arsenal) in Illinois and to be managed as part of the National Forest System. (Sec. 2853) Sets forth provisions regarding: (1) roads, utility rights-of- way, and access within the MNP; (2) agricultural leases and special use authorizations; (3) user fees; (4) salvage of improvements; (5) treatment of user fees and salvage receipts; and (6) cooperation with States, local governments, and other entities. (Sec. 2854) Authorizes the Secretary of the Army to transfer the Arsenal property constituting the MNP, without reimbursement, to the Secretary. Permits the transfer of portions only for which no further action is required under environmental laws and that have been eliminated from the areas to be studied further pursuant to the Defense Environmental Restoration Program for the Arsenal. Directs the Secretary of the Army to retain jurisdiction, authority, and control over real property that is used for: (1) water treatment; (2) the treatment, storage, or disposal of hazardous substances or petroleum products or derivatives; and (3) response purposes or actions required under environmental laws to remediate contamination or noncompliance. (Sec. 2855) Authorizes the Secretary of the Army to convey certain Arsenal property to: (1) the Department of Veterans Affairs for use as a national cemetery; (2) Will County, Illinois, for use as a landfill; and (3) the village of Elwood and the city of Wilmington, Illinois, for use as industrial parks. Provides that the use of such landfill by Federal agencies or additional acreage added for purposes of accommodating the disposal of materials from the restoration of the Arsenal shall be at no cost to the Federal Government. Requires such property to revert to the Secretary for inclusion in the MNP if the property is not operated as a landfill. Provides for the conveyance of specified other Arsenal property to be added to the MNP subject to the Secretary's acceptance. (Sec. 2856) Directs the Secretary of the Army, with respect to the real property at the Arsenal to be transferred, to complete all remedial, response, or other actions required under any environmental law before carrying out such transfers. Requires the Secretary of the Army to retain any obligation or liability at the Arsenal as required under CERCLA and other environmental laws. Subtitle E: Other Matters - Directs the Secretary of Defense to carry out the Department of Defense Laboratory Revitalization Demonstration Program under which the Secretary may carry out minor military construction projects in order to improve DOD laboratories. Increases the maximum costs of minor construction projects for purposes of the Program. Directs the Secretary to designate the DOD laboratories to be covered by the Program. Requires a report. Prohibits the Secretary from commencing a construction project under the Program after September 30, 1999. (Sec. 2862) Prohibits the Secretary of the Navy from entering into any agreement that provides for or permits civil aircraft to regularly use Miramar Naval Air Station, California. (Sec. 2863) Directs the Secretary of the Army to report to the defense committees on the status of negotiations on an agreement relating to a land conveyance at Fort Belvoir, Virginia, as required under the Military Construction Authorization Act for Fiscal Year 1990 and 1991.

Department of Energy National Security Act for Fiscal Year 1996

United States · United States Congress · 7 August 1995

TABLE OF CONTENTS: Title XXXI (sic): Department of Energy National Security Programs Subtitle A: National Security Programs Authorizations Subtitle B: Recurring General Provisions Subtitle C: Program Authorizations, Restrictions, and Limitations Subtitle D: Transfer of Jurisdiction Over Department of Energy National Security Functions Subtitle E: Other Matters Title XXXII: Defense Nuclear Facilities Safety Board Title XXXIII: Naval Petroleum Reserves Department of Energy National Security Act for Fiscal Year 1996 - Title XXXI (sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1996 for operating expenses, plant projects, and capital equipment necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) various other defense activities; (4) defense nuclear waste disposal; and (5) the payment of penalties to the Hazardous Substances Superfund assessed against the Rocky Flats, Colorado, nuclear site. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy (Secretary) transmits to the appropriate congressional committees a full statement of the action proposed and 30 days have since expired. (Sec. 3122) Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Provides fund transfer authority (requiring congressional notification of any such transfer). (Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated costs exceed $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount. (Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the Senate and House Armed Services and Appropriations Committees (congressional defense committees) when funds are so used. Makes funds for management and support activities and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Earmarks specified funds authorized under this title for specified three-year programs of research and development with respect to certain tritium production activities, including activities at the Los Alamos National Laboratory, New Mexico, and the Idaho National Engineering Laboratory. (Sec. 3132) Earmarks specified funds authorized under this title for certain plutonium disposition activities, including an environmental assessment. (Sec. 3133) Authorizes specified tritium-related activities to be carried out at the Savannah River Site, South Carolina, and the Los Alamos National Laboratory. (Sec. 3134) Directs the Secretary to carry out a program for establishing within the Government a manufacturing infrastructure which has the capability to: (1) refabricate and certify the enduring nuclear weapons stockpile; and (2) manufacture new nuclear warheads. Outlines required capabilities. Provides funding. (Sec. 3135) Earmarks funds authorized under this title for hydronuclear experiments at the Nevada Test Site. (Sec. 3136) Directs the Secretary to conduct a fellowship program for the development of skills critical to the ongoing mission of the DOE nuclear weapons complex. Outlines provisions concerning eligible individuals and DOE facilities at which the fellowship program shall be carried out. Provides funding. (Sec. 3137) Provides the effect of the issuance of environmental impact statements upon the use of appropriated funds for certain DOE facilities. (Sec. 3138) Directs the Secretary to: (1) prepare a comprehensive environmental impact statement for the dual-axis radiographic hydrotest facility project; and (2) issue a record of decision on the project pursuant to such statement. (Sec. 3139) Prohibits the use of FY 1996 DOE funds for specified research and education purposes. (Sec. 3140) Earmarks funds authorized under this title for: (1) electrometallurgical processing activities at the Idaho National Engineering Laboratory; (2) the processing of spent nuclear fuel rods at the Savannah River Site and the Idaho National Engineering Laboratory; and (3) the DOE Declassification Productivity Initiative. (Sec. 3142) Authorizes the Secretary to reprogram funds available to DOE for FY 1996 for activities related to the disposition of spent nuclear fuel in the Democratic People's Republic of Korea. Limits to $5 million the total amount authorized to be reprogrammed. (Sec. 3143) Earmarks funds authorized under this title for activities relating to worker protection at DOE nuclear weapons facilities. Subtitle D: Transfer of Jurisdiction Over Department of Energy National Security Functions - Expresses the sense of the Senate: (1) recognizing the critical importance of the U.S. nuclear weapons stockpile; and (2) questioning DOE's ability to continue to manage the stockpile. Directs the Secretaries of Defense and Energy to jointly submit to the Congress, by February 1, 1996, a report setting forth the notional plans which examine the potential transfer to the Department of Defense or an independent establishment of responsibility for the national security programs of DOE. Provides the various DOE organizations to be included in any such transfer, as well as other matters to be included in the plans. Requires each Secretary to ensure that the current mission and functioning of DOE national security programs would not be adversely affected during any transfer of responsibility. Subtitle E: Other Matters - Requires the Office of Military Applications under the Assistant Secretary of Energy for Defense Programs to retain responsibility for DOE's Defense Programs Emergency Response Program. (Sec. 3162) Provides the requirements for DOE weapons activities budgets for fiscal years after 1996. (Sec. 3163) Directs the Secretary to take appropriate actions to maintain the enduring nuclear weapons stockpile in complete readiness for use. (Sec. 3164) Directs the President to submit to the congressional defense committees a report on any presidential plans to purchase tritium from foreign suppliers for nuclear weapons stockpile purposes. (Sec. 3165) Requires the Secretary to direct the joint preparation by the Lawrence Livermore and Los Alamos National Laboratories of a report on permitting alternative limits to limits on the explosive yield of hydronuclear tests. Provides funding. (Sec. 3166) Directs the President to report to the Congress a master plan on current and future warheads in the enduring nuclear weapons stockpile. (Sec. 3167) Prohibits the Secretary from allowing an international inspection of a nuclear weapons facility until: (1) the Secretary certifies to the Congress that no restricted data or classified information will be revealed during such inspection; and (2) 30 days have elapsed since such certification. Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1996 for the Defense Nuclear Facilities Safety Board. Title XXXIII: Naval Petroleum Reserves - Directs the Secretary to sell all U.S. rights and interest to lands inside Naval Petroleum Reserve Number 1 (Elk Hills unit), Kern County, California. Directs the Secretary, within three months after the effective date of this Act, to finalize the equity interests of the known oil and gas zones in the Elk Hills unit after following the recommendations of an independent petroleum engineer or using other appropriate methods. Provides time limits and administrative procedures for such sale. Directs the United States to hold harmless and indemnify the purchaser of the Elk Hills unit from any liability resulting from its former ownership by the United States. Reserves seven percent of the sale proceeds from the Elk Hills unit for the resolution of all claims against the United States by California with respect to the production of, and proceeds of petroleum sales from, the Elk Hills unit. Requires the continued full production of the Elk Hills unit until completion of the sale. Provides transition provisions with respect to current petroleum contracts at Elk Hills. Prohibits the Secretary from entering into a contract for the sale of the Elk Hills unit until 31 days after notifying the defense committees of the proposed sale. Provides that, if the Secretary receives only one offer for the sale of Elk Hills, then the Secretary may not enter into a sale contract unless: (1) the Secretary notifies the Congress that only one offer was received, together with the offeror's conditions; and (2) a joint resolution approving such sale is enacted within 45 days after such notification. Provides joint resolution procedures. Authorizes appropriations for carrying out the sale of the Elk Hills unit. (Sec. 3302) Directs the Secretary to study and report to the Congress on the most cost-effective option of operating the naval petroleum reserve units other than Elk Hills.

Trinity River Basin Fish and Wildlife Management Reauthorization Act of 1995

United States · United States Congress · 4 August 1995

Trinity River Basin Fish and Wildlife Management Reauthorization Act of 1995 - Amends the Trinity River Basin Fish and Wildlife Management Act of 1984 to revise and extend the management program for restoration of fish and wildlife in the Trinity River Basin. (Sec. 2) Provides that Trinity Basin fisheries restoration is to be measured not only by returning adult anadromous fish spawners, but by the ability of dependent tribal, commercial, and sport fisheries to participate fully, through enhanced in-river and ocean harvest opportunities, in the benefits of restoration. Provides that the Secretary of the Interior's management program has the long-term goals of both: (1) restoring total ocean populations of adult salmon, steelhead, and other anadromous fish; and (2) resuming commercial and sport fishing activities at the ports between Fort Bragg, California, and Brookings, Oregon, at levels approximating those which existed immediately before the start of the construction of the Trinity River division. (Sec. 3) Revises the management program to include ocean fish levels and fish habitats in the Klamath River. Provides that modernization of the Trinity River Fish Hatchery is to mitigate fish habitat loss above Lewiston Dam while not impairing efforts to restore and maintain naturally reproducing fish stocks within the basin. (Sec. 4) Directs the Secretary to give priority attention to exploring specified alternative strategies to further enhance the harvest opportunities of anadromous fish. (Sec. 5) Revises provisions for the Trinity River Basin Fish and Wildlife Task Force. Adds ten members (to the current 14) and provides that such new members represent: (1) the Yurok Tribe; (2) the Karuk Tribe; (3) commercial fishing interests; (4) sport fishing interests; (5) the timber industry; (6) environmental interests; (7) agricultural interests; (8) urban water interests; (9) power customers of the Central Valley Project; and (10) the Western Area Power Administration. Directs the Secretary to appoint a designated representative to ensure coordination of actions and management and the exchange of information between such Trinity River Task Force and the Klamath River Basin Fisheries Task Force and the Klamath Fishery Management Council. Allows reimbursement of members of the Task Force who are not full-time officers or employees of the United States, the State of California (or a political subdivision thereof), or an Indian tribe. (Sec. 6) Extends for three years the period of availability of appropriations for the management program for restoration of fish and wildlife in the Trinity River Basin. Authorizes the Secretary to accept in-kind services as payment for specified obligations incurred under the Act. Limits the portion of management program funds which may be used for overhead and indirect costs. Requires annual financial reports to specified congressional committees by the Secretary, and periodic programmatic audits of the in-river fishery monitoring and enforcement programs under the Act by the Inspector General of the Department of the Interior. (Sec. 7) Provides that nothing in the Act shall be construed as establishing or affecting any past or present rights of any Indian or Indian tribe or any other individual or entity.

To prohibit defense contractors from being reimbursed by the Federal Government for certain environmental response costs.

United States · United States Congress · 4 August 1995

Prohibits defense contractors from being reimbursed by the Government for environmental response costs at facilities owned or operated by the contractor or at which the contractor is liable in whole or part for the environmental response action.

To amend title 38, United States Code, to extend certain expiring authorities of the Department of Veterans Affairs, and for other purposes.

United States · United States Congress · 4 August 1995

Extends through December 31, 1998, the authority of the Department of Veterans Affairs to provide hospital care and medical services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service, as long as symptoms become manifest before January 1, 1997. Extends through December 31, 1997: (1) the authority to contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities; (2) the authority of a pilot program for furnishing veterans with noninstitutional alternatives to nursing home care (requires a report); (3) the Department's health professionals scholarship program (requires a report); (4) the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases of Department real property (requires a report); (5) the authority under the Veterans' Benefits and Services Act of 1988 for a pilot program providing community-based residential care for homeless chronically mentally ill veterans; (6) the Department's compensated work therapy and therapeutic transitional housing program; and (7) the authority under the Homeless Veterans Comprehensive Service Programs Act of 1992 for a pilot program to expand and improve Department benefits and services to homeless veterans. Extends through FY 1997 the authorization of appropriations for such pilot program. Directs the Secretary to report to the Congress on the advantages and disadvantages of consolidating specified veterans' programs. Repeals the authority of the Secretary to make contracts and grants for providing care and treatment for veterans at the Department's Veterans Memorial Medical Center in the Philippines.

Superfund Liability Equity and Acceleration Act

United States · United States Congress · 4 August 1995

TABLE OF CONTENTS: Title I: Liability Title II: Funding Superfund Liability Equity and Acceleration Act - Title I: Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) with respect to public availability of information under response authority provisions of the Act and the disclosure of information concerning evidence that indicates the presence of each element of liability. (Sec. 102) Limits liability under such Act to actions involving hazardous substance releases occurring after December 31, 1986, subject to the conditions of this Act. Makes such limit inapplicable to actions occurring before such date which were contrary to law. Provides for reimbursement from the Hazardous Substance Revolving Fund (Revolving Fund) as provided by this Act. Sets forth retroactive liability provisions for actions which occurred before January 1, 1987. Bars reimbursement, with respect to a site or facility discovered before June 1, 1995, from the Revolving Fund to potentially responsible parties (PRPs) for construction or operation and maintenance (O&M) costs incurred before enactment of this Act. Provides directives for use by the President of amounts from the Revolving Fund to pay O&M, construction, or other response costs (including O&M and construction but excluding legal fees) incurred on or after enactment of this Act, determined according to whether construction at a site was completed or discovered by June 1, 1995. Sets forth rules for reimbursement of costs at a site or facility with respect to which actions occurred both before and after January 1, 1987 (a "straddle site"). Permits PRPs of straddle sites discovered before June 1, 1995, to petition the President for an allocation of O&M and construction costs attributable to pre-1987 actions. Permits PRPs to petition for allocations of construction and O&M costs where actions have not been completed by June 1, 1995. (Sec. 103) Provides that persons considered to be qualified organizations under provisions of the Internal Revenue Code governing charitable contributions who are grantees of conservation easements with respect to real property on which a facility is located shall not be considered as owners or operators, for purposes of determining liability for removal and response costs, unless they have caused or contributed to the release of hazardous substances. Establishes a rebuttable presumption that a defendant who has acquired real property has made all appropriate inquiry into previous ownership and uses of the property if he establishes that, immediately prior to or at the time of acquisition, he obtained an environmental assessment of the property to determine the presence of hazardous substances, including a review of specified records of the previous ownership and use of such property. (Sec. 104) Absolves persons who have resolved liability to the United States or a State in an approved settlement proceeding of liability for cost recovery regarding matters addressed in the settlement. (Sec. 105) Provides that persons who own or operate real property that is contiguous to or otherwise situated with respect to real property on which there has been a release of a hazardous substance and that may be contaminated shall not be considered to be an owner or operator for purposes of determining liability. Authorizes the President to issue assurances of no enforcement action to such persons and grant protection against cost recovery and contribution actions. (Sec. 106) Requires the President to issue regulations to define certain terms as they apply to liability of lenders and financial service providers. Excludes from the definition of "owner or operator" (thus, protecting from individual liability) fiduciaries who hold legal title to, are the mortgagees or secured parties with respect to, control, or manage any facility or vessel at which a release occurred for purposes of administering an estate or trust of which such vessel or facility is a part. (Sec. 108) Makes liable parties who accept or successfully appeal the results of the allocation of responsibility under title V of this Act liable only for, with respect to National Priority List (NPL) sites, their assigned share of the costs of: (1) removal or remedial action incurred by the United States, a State, or an Indian tribe; (2) response incurred by any other person; and (3) any health assessment or health effects study. Requires the orphan share of an NPL site to be paid out of the Revolving Fund. (Sec. 109) Makes PRPs or liable parties who fail to perform response actions at NPL sites subject to specified civil action. Requires reimbursement by the Fund of PRPs who perform and pay for response actions at NPL sites. Authorizes liable parties who perform and pay for such actions to recover costs as creditor parties as provided under the binding allocation of responsibility provisions of CERCLA added by this Act. (Sec. 110) Directs the Administrator of the Environmental Protection Agency (EPA) to appoint panels of administrative law judges to perform expedited administrative proceedings, to be known as "binding allocations of responsibility" (BARs), for purposes of determining the liability of PRPs at NPL sites. Provides for the initiation of a BAR by the filing of a petition with the EPA Office of Administrative Law Judges by the Administrator or a State where the site is located. Exempts de micromis parties (parties that a panel determines contributed only 100 pounds or liters of material containing hazardous substances at the facility or such amount as determined by the Administrator) from liability to the United States or to any other person for response actions or for past, present, or future costs incurred at the site. Requires final BARs to be issued within 18 months of the publication of a notice of petition (or 24 months for cases of exceptional complexity). Specifies allocation factors on which assigned shares of liability shall be based. Requires the Administrator to make firm offers of settlement to all de minimis parties (parties that contributed only one percent or less of the total quantity of hazardous substances present at the site). Makes a BAR decision binding as to all past, present, and future liability for response costs and for contributions in civil proceedings. Permits judicial review of final BAR decisions. Sets forth procedures for recovery by creditor parties. Provides for stays of certain pending enforcement actions and private party litigation until a BAR is issued. Authorizes any group of PRPs to submit a private allocation for the NPL site, to be known as a "voluntary binding allocation of responsibility," to the allocation panel. Provides that a BAR shall constitute a permanent determination of the assigned share of a liable party and of the orphan share and, except for specified additions to the orphan share and judicially mandated changes, shall not be subject to any change for at least five years after the date of final decision. Permits a new BAR only if the request demonstrates that due to new information not reasonably available during the first BAR, a 35 percent or greater increase in total waste-in volume has been discovered. (Sec. 111) Exempts qualified redevelopers from liability for costs or damages with respect to hazardous substance releases. (Sec. 112) Extends a current exemption from liability for response action contractors under Federal law to State and local law and expands the activities considered to be response actions. Excludes such contractors from the definition of "owner or operator" for purposes of limiting liability. Provides a limitation on actions against response action contractors. Title II: Funding - Amends the Internal Revenue Code to establish in the Treasury the Hazardous Substance Revolving Fund, consisting of amounts as may be appropriated, credited, or transferred to the Hazardous Substance Superfund and credited or transferred to the Revolving Fund. Provides that amounts in the Revolving Fund shall be available for specified costs of response, enforcement and abatement, property acquisition, local government reimbursement, occupational health and safety and Agency for Toxic Substances and Disease Registry activities, and the BAR process established by this Act.

Dioxin Reduction and Incinerator Alternatives Act of 1995

United States · United States Congress · 4 August 1995

Dioxin Reduction and Incinerator Alternatives Act of 1995 - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion of municipal solid waste incinerators until 2001. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 2000, unless the applicant demonstrates that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted; (2) specified percentages of certain waste categories are diverted to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment, human health, or the local economy and is not situated in a nonattainment area identified under the Clean Air Act; (6) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (7) the waste management jurisdiction conducts a public participation process; (8) the proposed construction or expansion is approved by the affected unit of local government; (9) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; (10) an approved environmental impact statement is completed; (11) the facility is not located within one and a half miles of specified sites, including schools or churches, or of a drinking water source; (12) certain incinerator capacity studies have been completed; and (13) the facility will not have a disproportionate impact on minority or low-income communities. Requires ash from municipal solid waste incinerators to be managed in a monofill that contains only such ash and meets specified design requirements. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless requirements similar to those for municipal solid waste incinerators have been met. Directs hazardous waste management permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act to any facility that burns hazardous waste.

Superfund Recycling Act of 1995

United States · United States Congress · 4 August 1995

Superfund Recycling Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of certain recyclable materials (spent electric lamps and fly ash, bottom ash, slag, and flue gas emission control waste generated primarily from combustion of coal or other fossil fuels when these materials are recycled, beneficially used, or used as raw materials for manufacturing another product) from liability for costs of environmental response actions. Considers transactions involving such materials to be arranging for recycling if the person arranging the transaction can demonstrate that: (1) a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material, or product to be made from the material, could have been a replacement or substitute for a virgin raw material, or a product made from a virgin raw material, respectively; and (4) in the case of transactions occurring at least 90 days after the date of enactment of this Act, the person exercised reasonable care to determine that the facility where the recyclable material would be handled, processed, reclaimed, or otherwise managed by another person (the consuming facility) was in compliance with substantive provisions of Federal, State, and local environmental laws and regulations or compliance orders or decrees. Makes the exemptions from liability under this Act inapplicable if the person had an objectively reasonable basis to believe at the time of the recycling transaction that: (1) the material would not be recycled; (2) the material would be incinerated; or (3) for transactions occurring during the 90-day period beginning on enactment of this Act, the consuming facility was not in compliance with substantive environmental laws and regulations or compliance orders or decrees.