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Bill· HRH.R. 2522 (104th)referred
United States · United States Congress · 24 October 1995
Small Business Remediation Act of 1995 - Requires the maximum level of remediation of dry cleaning solvents in soil, surface water, groundwater, and other environmental media (soil) that a Federal, State, local agency, or court may require of a person engaged in dry cleaning, or of the owner of land or a facility in which such a person is conducting dry cleaning, to be one-tenth the equivalent exposure of the workplace standard for such solvents established by the Secretary of Labor under the Occupational Safety and Health Act of 1970. Requires: (1) the National Institute of Environmental Health Sciences to publish in the Federal Register its computation, based on realistic scientific assumptions, of equivalent exposure by ingestion, inhalation, and absorption indices for the general public, for soil in nonoccupational circumstances; and (2) the equivalent exposure to be calculated from the workplace standard for dry cleaning solvents which assures that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure for the employee's entire working lifetime. Specifies that nothing in this Act shall: (1) preempt or otherwise prevent a Federal, State, or local government or private party from remediating soil to a lower level than the maximum level of remediation at its own cost and expense; or (2) alter or affect the Federal drinking water standards under the Public Health Service Act.
Bill· SS. 1357 (104th)open
United States · United States Congress · 23 October 1995
TABLE OF CONTENTS: Title I: Committee on Agriculture, Nutrition, and Forestry Subtitle A: Commodity Programs Subtitle B: Conservation Subtitle C: Agricultural Promotion and Export Programs Subtitle D: Nutrition Assistance Title II: Committee on Armed Services Title III: Committee on Banking, Housing, and Urban Affairs Title IV: Committee on Commerce, Science, and Transportation Subtitle A: Communications Subtitle B: Oceans and Fisheries Subtitle C: Rail Infrastructure Title V: Committee on Energy and Natural Resources Subtitle A: United States Enrichment Corporation Subtitle B: Department of the Interior Conveyances Subtitle C: Arctic Coastal Plain Leasing and Revenue Act Subtitle D: Park Entrance Fees Subtitle E: Water Projects Subtitle F: Federal Oil and Gas Royalties Subtitle G: Department of Energy Subtitle H: Mining Subtitle I: Department of the Interior Subtitle J: Power Marketing Administrations Subtitle K: Radio and Television Communication Site Fees Subtitle L: Amendments to Outer Continental Shelf Lands Act Title VI: Committee on Environment and Public Works Title VII: Committee on Finance-Spending Control Provisions Subtitle A: Medicare Subtitle B: Transformation of the Medicaid Program Subtitle C: Block Grants for Temporary Assistance for Needy Families Subtitle D: Supplemental Security Income Subtitle E: Child Support Subtitle F: Noncitizens Subtitle G: Additional Provisions Relating to Welfare Reform Subtitle H: Reform of the Earned Income Tax Credit Subtitle I: Increase in Public Debt Limit Subtitle J: Correction of Cost of Living Adjustments Title VIII: Committee on Governmental Affairs Title IX: Committee on the Judiciary Title X: Committee on Labor and Human Resources Title XI: Committee on Veterans' Affairs Subtitle A: Extension of Certain Authorities Subtitle B: Cost-of-Living Adjustments in Compensation Rates Subtitle C: Educational Benefits Subtitle D: Miscellaneous Title XII: Committee on Finance-Revenue Provisions Subtitle A: Family Tax Relief Subtitle B: Savings and Investment Incentives Subtitle C: Health Related Provisions Subtitle D: Estate Tax Reform Subtitle E: Extension of Expiring Provisions Subtitle F: Taxpayer Bill of Rights 2 Provisions Subtitle G: Casualty and Involuntary Conversion Provisions Subtitle H: Exempt Organizations and Charitable Reforms Subtitle I: Tax Reform and Other Provisions Subtitle J: Pension simplification Balanced Budget Reconciliation Act of 1995 - Title I: Committee on Agriculture, Nutrition, and Forestry - Agricultural Reconciliation Act of 1995 - Subtitle A: Commodity Programs - Amends the Agricultural Act of 1949 to rename title III, "Annual Programs for 1996 Through 2002 Crops". States that: (1) in order to be eligible for one or more of the programs under the title, land on a farm must have been enrolled in one or more of the annual programs under the Act for rice, upland cotton, feed grains, or wheat for a total of at least three of the 1991 through 1995 crop years; (2) for the purpose of determining eligibility of land for enrollment in one or more of the annual programs, acreage shall include acreage on a farm considered planted under Act provisions used to determine crop acreage bases; and (3) enrollment in the annual program for a program crop shall be required as a condition of the receipt of any payment or loan under title III for the program crop. (Sec. 1102) Establishes loan and payment levels through 2002 for crops of rice, upland cotton, feed grains, and wheat. (Sec. 1106) Establishes the price support for milk through December 31, 2002. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to repeal the milk manufacturing marketing adjustment provisions. (Sec. 1107) Extends loans and payments for oilseeds through the 2002 marketing year. (Sec. 1108) Extends the sugar price support through 2002 crops. (Sec. 1109) Directs the Secretary of Agriculture to provide for the establishment and maintenance of an historical soybean acreage for each farm. Permits peas and lentils to be planted for harvest on the payment acres of a crop acreage base. Revises acreage considered planted provisions. Terminates eligibility for loans when any crop or conserving crop is planted on the acres of a crop acreage base that is ineligible for payments, with a special provision concerning upland cotton or rice. Sets forth limitations on acreage and payments. Extends: (1) farm program payment yields based on the 1990 crop year to 2002; and (2) additional yield payments through 2002 crop years. Repeals provisions relating to: (1) no crop or yield available; (2) national, State, or county yields; and (3) balancing yields. Extends current law provisions with respect to the acreage base and yield system through 2002 program crops. (Sec. 1110) Amends the Food Security Act of 1985 to extend related price support provisions. (Sec. 1111) Repeals specified provisions of the Agricultural Adjustment Act of 1938 concerning farm marketing quotas, the national marketing quota for peanuts, and legislative findings. Directs the Secretary of Agriculture to terminate the tree assistance program. (Sec. 1112) States that the monthly Commodity Credit Corporation (CCC) interest rate applicable to loans provided for agricultural commodities by the Corporation shall be 100 basis points greater than the rate determined under the applicable interest rate formula in effect on October 1, 1995. (Sec. 1113) Extends through 2000 crops, with respect to peanuts the: (1) price support program; and (2) sale, lease, or transfer of the farm poundage quota. (Sec. 1114) Limits specified current catastrophic crop insurance requirements to 1995 and 1996 crops. (Sec. 1115) Directs the Director of the Congressional Budget Office to report concerning direct savings obtained from programs under this subtitle and subtitles B and C. (Sec. 1116) Expresses the sense of the Senate that tax incentives to promote ethanol and its derivative ETBE should not be diminished. Subtitle B: Conservation - Amends the Food Security Act of 1985 to provide mandatory FY 1996 through 2002 funding through the CCC for the conservation reserve and wetlands programs, and the livestock environmental assistance program. Establishes the environmental quality incentives program to provide FY 1996 through 2002 technical assistance and cost-sharing and incentive payments to crop and livestock producers who enter into land management and structural contracts to protect water, soil, and related resources from livestock-related degradation. (Makes waste management facility construction ineligible for cost-sharing payments.) Replaces wetlands reserve program permanent easement authority with 20 or 30-year easement authority. Limits conservation reserve program total acreage enrollment to 36,400,000 acres during the 1986 through 2002 calendar years and prohibits total spending for such reserve to exceed specified mandatory spending limitations. Subtitle C: Agricultural Promotion and Export Programs - Amends the Agricultural Trade Act of 1978 to: (1) authorize specified FY 1996 through 2002 appropriations for the market promotion program; and (2) authorize specified FY 1996 through 2002 funding from the CCC for the export enhancement program. Subtitle D: Nutrition Assistance - Chapter 1 - Food Stamp Program - Amends the Food Stamp Act of 1977 to authorize States to establish additional criteria for separate household determinations. (Sec. 1403) Revises thrifty food plan adjustment requirements. (Sec. 1404) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence. (Sec. 1405) Allows for State options in regulations for the uniform national standards of eligibility. (Sec. 1406) Revises household income exclusion provisions regarding Federal energy assistance. (Sec. 1407) Revises household income deduction provisions regarding: (1) standard deduction and (2) homeless shelter assistance. (Sec. 1408) Eliminates specified excludable auto value increases. (Sec. 1409) Revises the scope of sponsor-attributed income and resources regarding alien program eligibility. Provides a limitation on the measurement of attributed income and resources of a sponsor or a sponsor's spouse. Revises eligibility requirements for certain aliens. (Sec. 1410) Revises work requirement and employment and training provisions. (Sec. 1411) Limits employment and training funding to FY 1995 amounts and extends funding authorizations. (Sec. 1412) Allows States the option of considering either all of the income and financial resources of an alien rendered ineligible to participate in the food stamp program in calculating income. (Sec. 1413) Authorizes comparable program disqualification based upon welfare or public assistance disqualification. (Sec. 1414) Requires at State option: (1) cooperation with child support agencies in order to maintain program eligibility; and (2) program disqualification for child support arrears. (Sec. 1416) Disqualifies permanently an individual who participates in the program in two or more States. (Sec. 1417) Defines "work program." (Sec. 1420) Eliminates annual minimum allotment adjustments. (Sec. 1422) Authorizes program reductions for failure to comply with a public assistance reduction requirement. (Sec. 1423) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center. (Sec. 1424) Directs program over-issuances to be collected by: (1) allotment reduction; (2) unemployment compensation withholding; or (3) Federal pay or Federal income tax refund recovery. (Sec. 1425) Terminates Federal matching requirements for program informational activities. (Sec. 1426) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions. (Sec. 1427) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions. (Sec. 1428) Authorizes appropriations for program operations (Sec. 1429) Directs the Secretary to establish a program to make grants to States, as specified, to provide: (1) food assistance to needy individuals and families residing in the State; and (2) at the option of the State, wage subsidies and payments in return for work for needy individuals under the program. Chapter 2: Child Nutrition Programs - Part I: Reimbursement Rates - Amends the National School Lunch Act to terminate the additional lunch payment for schools with high percentages of free or reduced price lunches. (Sec. 1442) Revises annual adjustment provisions for lunches, breakfasts, and supplements. Part II: Grant Programs - Amends the Child Nutrition Act of 1966 to: (1) terminate school breakfast startup grants. Part III: Other Amendments - Amends the National School Lunch Act to revise provisions regarding day care home reimbursements. Obligates funds for family or group day care homes assistance. Chapter 3 - Additional Savings - Revises household income exclusion provisions regarding students. (Sec. 1472) Revises the standard deduction with respect to computing household income. (Sec. 1473) Allows housing assistance payments made to a vendor on behalf of a household residing in transitional housing for the homeless to be considered as payable directly to the household for the purposes of computing household income. (Sec. 1474) Extends current claims retention rates with respect to administrative cost-sharing and quality control, from FY 1995 to FY 2002. (Sec. 1475) Authorizes appropriations for Puerto Rico block grants. (Sec. 1476) Revises annual adjustment provisions for the value of food assistance. (Sec. 1477) Amends the National School Lunch Act to decrease the minimum amount of commodity assistance from 12 to ten percent. (Sec. 1478) Revises service institution payment provisions for the summer food service program for children. (Sec. 1479) Amends the Child Nutrition Act of 1966 to revise annual adjustment provisions for the special milk program. (Sec. 1480) Amends the Child Nutrition Act of 1966 to reduce annual authorizations of appropriations for nutrition education and training programs. Chapter 4 - Effective Date - Sets forth an effective date. Title II: Committee on Armed Services - Directs the Secretary of Energy to sell all U.S. rights and interests to lands inside Naval Petroleum Reserve Number 1 (Elk Hills unit), Kern County, California. Directs the Secretary, within five months after the effective date of this Act, to finalize the equity interests of the known oil and gas zones in the Elk Hills unit after following the recommendations of an independent petroleum engineer or using other appropriate methods. Provides time limits and administrative procedures for such sale, including a requirement that the Secretary retain an investment banker to independently administer the sale of Elk Hills under specified time limitations. Directs the United States to hold harmless and indemnify the purchaser of the Elk Hills unit from any liability resulting from its former ownership by the United States. Reserves seven percent of the sale proceeds from the Elk Hills unit for the resolution of all claims against the United States by California with respect to the production of, and proceeds of petroleum sales from, the Elk Hills unit. Requires the continued full production of the Elk Hills unit until completion of the sale. Provides transition provisions with respect to current petroleum contracts at Elk Hills. Prohibits the Secretary from entering into a contract for the sale of the Elk Hills unit until 31 days after notifying the defense committees. Prohibits the Secretary from entering into a sales contract if only one offer is received, unless: (1) the Secretary notifies the Congress about the offer; and (2) a joint resolution approving such sale is enacted within 45 days after such notification. Provides joint resolution procedures. Requires the Comptroller General to monitor the Secretary's actions with regard to the sale and to submit an oversight report to the defense committees. Authorizes the Secretary to enter into contracts for the acquisition of necessary services in connection with such sale. Directs the Secretary to sell all U.S. rights and interests to lands inside the naval petroleum reserves other than the Elk Hills unit. Provides administrative requirements for such sale identical to those pertaining to the Elk Hills unit, including congressional notification and the passage of a joint resolution. (Sec. 2002) Directs the President to sell such quantities of specified materials currently contained in the National Defense Stockpile as are necessary to achieve $649 million in total proceeds by the end of FY 2002. Title III: Committee on Banking, Housing, and Urban Affairs - Instructs the Board of Directors (the Board) of the Federal Deposit Insurance Corporation (FDIC) to impose a special assessment on the Savings Association Insurance Fund (SAIF)-assessable deposits of each insured depository institution at a rate determined by the Board to cause the SAIF to achieve a designated reserve ratio. Mandates deposit of such special assessment into the SAIF. Grants the Board discretion to exempt certain weak insured depository institutions from paying such special assessment to reduce risk to the SAIF. Requires such institutions to pay semiannual assessments into the SAIF and the Deposit Insurance Fund (created by this Act) based on SAIF-assessable deposits of those institutions. (Sec. 3001) Amends the Federal Home Loan Bank Act to reflect the changes made by this Act. Amends the Federal Deposit Insurance Act to prescribe guidelines under which the Board of Directors may provide an assessment credit with respect to Bank Insurance Fund (BIF) assessments if the FDIC determines that the reserve ratio of the BIF is expected to exceed the designated reserve ratio during the succeeding semiannual period. Declares that assessment rates for SAIF members shall not be lower than for BIF members of comparable risk until the first full semiannual period following the last maturity date of all obligations issued by the Financing Corporation. Merges the BIF and the SAIF (including their respective assets and liabilities) into the Deposit Insurance Fund (DIF). Places any SAIF reserve ratio which exceeds the designated reserve ratio into the DIF Special Reserve. Mandates that all amounts assessed against insured depository institutions by the FDIC be deposited into the DIF. Establishes a Special Reserve of the DIF from which the FDIC is authorized to transfer amounts to the DIF if the DIF reserve ratio is under 50 percent of the designated reserve ratio, according to prescribed emergency guidelines. Excludes the Special Reserve from any calculation of the DIF reserve ratio. (Sec. 3002) Instructs the Secretary of the Treasury to study and report to the Congress on the feasibility of converting the FDIC into a self-funded deposit insurance system. (Sec. 3003) Amends the United States Housing Act of 1937 to: (1) direct the Secretary of Housing and Urban Development to modify rent adjustments using an operating costs factor that increases the rent to reflect increases in operating costs in the market area; and (2) specify restraints upon Section 8 rent increases for stayers in the certificate program. Title IV: Committee on Commerce, Science, and Transportation - Subtitle A: Communications - Amends the Communications Act of 1934 (the Act) to provide that unless the Federal Communications Commission (FCC) submits to the Congress within 180 days and the Congress takes action to approve a proposal to use authority for the assignment of initial licenses or construction permits for use of the electromagnetic spectrum allocated but not assigned for television (TV) broadcast services as of the date of enactment of this Act, certain competitive bidding requirements of the Act shall not apply to licenses or construction permits issued by the FCC: (1) that are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital TV services assigned by the FCC to existing terrestrial broadcast licensees to replace their existing TV licenses. Prohibits the FCC, except as so provided, from assigning initial licenses or construction permits under this title to terrestrial commercial TV broadcast licensees to replace their existing broadcast licenses before January 1, 1998. Extends through FY 2002 FCC authority to grant such licenses or permits. Directs the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) as of this Act's enactment date, have not been assigned or designated by FCC regulation for assignment, identified by the Secretary of Commerce as reallocable frequencies pursuant to the National Telecommunications and Information Administration Organization Act (NTIAO), or reserved for Federal Government use pursuant to the Act. Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2000. Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication, the needs of public safety radio services, and the costs to satellite service providers that could result from multiple auctions of like spectrum internationally for global satellite systems; and (3) comply with the requirements of international agreements concerning spectrum allocations. Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and allocated for Government use but that could be reallocated pursuant to the NTIAO Act. Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to the Omnibus Budget Reconciliation Act of 1995, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice. Authorizes any Federal entity which operates a Government station, in order to expedite the efficient use of the electromagnetic spectrum, to accept payment in advance, in-kind reimbursement of costs, or both to defray entirely the expenses of reallocating the Federal entity's operations from one radio spectrum frequency to another. Sets forth provisions regarding: (1) the process for relocation; (2) the right to reclaim the station under specified circumstances; (3) Federal action to expedite the spectrum transfer; and (4) identification and reallocation of auctionable frequencies, including allocation and assignment of frequencies identified in the second reallocation report. (Sec. 4002) Modifies the Schedule of Regulatory Fees to be paid annually for specified VHF and UHF commercial markets. Subtitle B: Oceans and Fisheries - Amends the Omnibus Budget Reconciliation Act of 1990 to prohibit the Secretary from establishing certain inspection or examination fees or charges: (1) of more than $300 annually for passenger vessels under 65 feet in length or more than $600 annually for such vessels 65 feet in length and greater; and (2) for any publicly-owned ferry. (Sec. 4022) Revises the Oil Pollution Act of 1990 to provide that the amount of funding to be made available annually to carry out provisions regarding the Prince William Sound Oil Spill Recovery Institute shall be the interest produced by the Oil Spill Liability Trust Fund's investment of the $22,500,000 remaining funding authorized for the Institute and currently deposited in the Fund and invested by the Secretary of the Treasury in income producing securities along with other funds comprising the Fund. Specifies that, beginning with the eleventh year following the date of enactment of the Coast Guard Authorization Act of 1995, the funding authorized for the Institute and deposited in the Fund shall thereafter be made available for specified authorized purposes in Alaska. Subtitle C: Rail Infrastructure - Directs the Secretary of Transportation to issue to the Secretary of the Treasury notes or other obligations pursuant to the Railroad Revitalization and Regulatory Reform Act of 1976 (for railroad rehabilitation and improvement financing) in such amounts and at such times as necessary to pay any sums required pursuant to the guarantee of the principal amount of obligations as long as any such guaranteed obligation is outstanding. Prohibits the Secretary of Transportation from making certain loan guarantee commitments in excess of $100 million during each of FYs 1996-2002. Makes available $10 million for loan guarantee commitments made during each of those fiscal years. (Sec. 4032) Authorizes funding for local rail freight assistance through FY 1997. (Sec. 4033) Authorizes the Secretary of Transportation to declare that a disaster has occurred and that it is necessary to repair and rebuild rail lines damaged as a result of such disaster, in which case the Secretary may: (1) waive specified requirements; (2) consider the extent to which the State has available unexpended local rail freight assistance funds or available repaid loans; and (3) prescribe the form and time for applications for assistance. Prohibits the Secretary from providing such assistance unless emergency disaster relief funds are appropriated for that purpose. (Sec. 4034) Allows financial assistance for State local rail freight assistance projects to be used for the cost of: (1) closing or improving a railroad grade crossing or a series of crossings; and (2) creating a State supervised grain car pool. Title V: Committee on Energy and Natural Resources - Subtitle A: United States Enrichment Corporation - USEC Privatization Act - Directs the Board of Directors of the United States Enrichment Corporation (USEC) to transfer USEC ownership to a private corporation established under this Act. Mandates the inclusion of sale proceeds in the budget baseline required by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), and its inclusion as an offset to direct spending. (Sec. 5005) Requires USEC directors to establish a private not- for-profit and non-Government-related corporation under the laws of a State for the purpose of receiving the assets and obligations of USEC at privatization and continuing USEC business operations following privatization. (Sec. 5007) Directs USEC to transfer the lease of gaseous diffusion plants and related property at Paducah, Kentucky, and Piketon, Ohio, to the private corporation concurrent with such privatization. Prohibits the Secretary of Energy from leasing to the private corporation facilities necessary for the production of highly enriched uranium. (Sec. 5008) Prescribes procedural guidelines for: (1) transfer of contracts to the private corporation, including the right to purchase power from the Secretary under previous power purchase contracts for the gaseous diffusion plants; (2) assignment of USEC liabilities; (3) pension, post-retirement health benefit, and collective bargaining agreement protections for contractor employees at the two gaseous diffusion plants; and (4) retention of Federal retirement and health benefits by former Federal employees. (Sec. 5011) Prohibits USEC directors, officers, or employees from acquiring any securities (or rights to acquire any securities) of the private corporation on terms more favorable than those offered to the general public in specified circumstances. (Sec. 5012) Requires the U.S. Executive Agent under the Russian HEU Agreement to transfer to the Secretary without charge title to an amount of uranium hexafluoride (based on a tails assay of 0.30 U235) equivalent to the natural uranium component of low-enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent under such Agreement. Deems such uranium hexafluoride to be of Russian origin. Requires the Secretary to sell, and receive payment for, the transferred uranium hexafluoride for: (1) overfeeding in the operations of enrichment facilities in the United States; (2) end use outside the United States; or (3) consumption by end users in the United States after January 1, 2002, according to a specified schedule beginning in 1998. Requires the U.S. Executive Agent, upon request of the Russian Executive Agent, to deliver concurrently to such Agent, an amount of uranium hexafluoride equivalent to the natural uranium component of such low-enriched uranium. Provides for auction of such uranium hexafluoride, or U3O8 (in the event that the conversion component of such hexafluoride has previously been sold), if the Russian Executive Agent does not exercise its right to agree to take delivery of the natural uranium component of any low-enriched uranium within 90 days after delivery of such low-enriched uranium to the U.S. Executive Agent. Grants the Secretary of Commerce responsibility for administration and enforcement of the limitations set forth in this section. Requires the Secretary of Energy to transfer to USEC without charge up to 50 metric tons of enriched uranium and up to 7,000 metric tons of natural uranium from the Department of Energy (DOE) stockpile. Prohibits USEC from delivering for commercial end use in the United States: (1) any of such uranium before January 1, 1998; (2) more than ten percent of such uranium or more than 4 million pounds, whichever is less, in any calendar year after 1997; or (3) more than 800,000 separative work units contained in low-enriched uranium transferred in any calendar year. Authorizes the Secretary to sell, from time to time, natural and low-enriched uranium from the DOE stockpile, subject to specified conditions. Permits DOE transfer or sale of enriched uranium to: (1) Federal agencies; (2) any person for national security purposes; or (3) any State or local agency or non-profit, charitable, or educational institution for use other than the commercial generation of electricity. (Sec. 5013) Prescribes guidelines under which the Secretary shall accept low-level radioactive waste (including depleted uranium if ultimately determined to be such waste) for disposal at the request and expense (by reimbursement) of the generator. (Sec. 5014) Grants USEC exclusive commercial rights to deploy and use any federally owned or controlled Atomic Vapor Laser Isotope Separation (AVLIS) patents, processes and technical information, upon completion of a royalty agreement with the Secretary. Instructs the President to transfer related AVLIS property (except those related to the gaseous diffusion, gas centrifuge, and uranium enrichment programs) to USEC upon its request. (Sec. 5015) Grants the Corporation exclusive commercial rights for both uranium enrichment and non-uranium enrichment uses of patents, patent applications, trade secrets, and other technical information related to federally owned or controlled gaseous diffusion technology. Provides for payment of royalties by USEC to the Department of Energy for such uses. (Sec. 5017) Amends the Atomic Energy Act of 1954 to: (1) repeal the mandate and authority of USEC as of the privatization date; and (2) exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using AVLIS technology, and make such a facility eligible for one-step licensing. Prohibits issuance of any license or certificate of compliance to USEC or its successor if its issuance would, in the opinion of the Nuclear Regulatory Commission (NRC), be inimical to: (1) the common defense and security of the United States: or (2) maintenance of a reliable and economical domestic source of enrichment services because of the nature and extent of USEC ownership, control or domination by a foreign corporation or government or any other relevant factors or circumstances. Provides for periodic application of USEC for NRC certification at least once every five years (instead of annually). Revises the purview of judicial review of NRC actions to include: (1) any final order establishing standards to govern DOE gaseous diffusion uranium enrichment facilities, including facilities leased to a corporation established under this Act; and (2) any final determination relating to whether such facilities comply with such standards. Provides for civil money penalties for violations of licensing or certification requirements. Subtitle B: Department of the Interior Conveyances - Part I: California Land Directed Sale - Conveys all Federal right, title and interest in the San Bernardino Meridian, California, to the Department of Health Services of the State of California. Mandates deposit of sale proceeds in the Treasury as miscellaneous receipts. Provides for reversion of such lands to the United States if the property is not used as a low-level radioactive waste disposal facility before October 1, 2010. Part II: Helium Reserves - Helium Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store, transport, and sell crude helium; and (4) maintain and operate existing crude helium storage facilities at the Bureau of Mines Cliffside Field. (Sec. 5112) Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. (Sec. 5114) Instructs the Secretary to eliminate helium stockpiles by a certain deadline. Repeals the Secretary's authority to borrow under the Helium Act. Subtitle C: Arctic Coastal Plain Leasing and Revenue Act - Arctic Coastal Plain Leasing and Revenue Act of 1995 - Instructs the Secretary of the Interior to implement a competitive leasing program for oil and gas exploration, development and production within the coastal plain of the Arctic National Wildlife Refuge. States that no further findings or decisions shall be required to implement this directive (thereby avoiding statutorily-mandated environmental determinations). (Sec. 5204) Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its proscription against oil and gas production, leases, or development in the Arctic National Wildlife Refuge. Declares this subtitle the sole authority for coastal plain leasing. Considers such coastal plain "Federal land" for purposes of the Federal Oil and Gas Royalty Management Act of 1982. (Sec. 5205) Confers responsibility upon the Secretary for the promulgation of rules and regulations relating to this subtitle within 18 months of enactment. (Sec. 5206) Declares that the Congress finds that the 1987 legislative environmental impact statement prepared by the Department of the Interior adequately satisfies the requirements of the National Environmental Policy Act of 1969 concerning authorized actions by the Secretary to promulgate regulations for the establishment of a leasing program and first lease sale. (Sec. 5207) Prescribes procedural guidelines for lease sales on the coastal plain to any person qualified to obtain an oil or gas lease under the Mineral Leasing Act. (Sec. 5208) Authorizes the Secretary to grant to the highest responsible qualified bidder by sealed competitive cash bonus bid any lands to be leased on the coastal plain upon payment by the lessee of whatever bonus the Secretary accepts, and of a minimum royalty of 12.5 percent in amount or value of lease production. Requires the Secretary, after each notice of a proposed lease sale but before acceptance of bids and issuance of leases based on them, to allow the Attorney General 30 days to perform an antitrust review of the results of each lease sale on the likely effects the issuance of such leases would have on competition. Requires the Secretary's approval for subsequent lease transfers. Sets forth lease terms and conditions, including bonding requirements and mandatory access by the Secretary to all lease data and information. (Sec. 5212) Mandates a ninety-day timetable for expedited judicial review of actions challenged under this Act. (Sec. 5213) Instructs the Secretary to issue regulations granting rights-of-way and easements for oil and gas transportation across the coastal plain in accordance with the Mineral Leasing Act of 1920. Provides for periodic on-site inspections of coastal plain facilities that are subject to environmental or safety regulations. (Sec. 5215) Mandates distribution of Federal revenues to the State of Alaska in the amount of 50 percent of: (1) all revenues from coastal plain oil and gas leases; and (2) bonus bid revenues which exceed a certain amount from oil and gas leases. Subtitle D: Park Entrance Fees - Revises provisions of the Land and Water Conservation Fund Act of 1965 to increase the fee for: (1) the Golden Eagle Passport (the annual admission permit for designated units of the National Park System (NPS) or National Conservation Areas and other specified areas) to $50; (2) annual admission into a specific designated NPS unit, or into several specific units located in a particular geographic area, to $25; and (3) a single-visit permit at any designated area to not more than $6 per person (requires the fee to be collected on a per person basis, including persons entering by private, noncommercial vehicle). Makes receipts from non-Federal Golden Eagle Passport sales available for specified resource protection, rehabilitation, and conservation projects. Specifies that a lifetime admission permit for a U.S. citizen or person domiciled in the United States who is age 62 or older (Golden Age Passport) shall entitle the permittee (currently, the permittee and specified individuals accompanying him) to free admission into any area designated. Prohibits fees of any kind from being collected from persons who have a right of access for hunting or fishing privileges under a specific provision of a law or treaty or who are engaged in the conduct of official Federal, State, or local government business. Directs the Secretaries of the Interior and of Agriculture to establish procedures providing for the issuance of a lifetime admission permit to specified individuals who are permanently disabled. Limits the number of accompanying individuals to one, notwithstanding the method of travel. Directs the Secretary of the Interior to: (1) submit to specified congressional committees a report on the admission fees proposed to be charged at specific NPS units; and (2) identify areas where such fees are authorized but not collected and the reasons why such fees are not collected. Allows: (1) a charge for the use of a campground not having a majority of specified features and personal collection of the fee by an employee or agent of the Federal agency operating the facility; and (2) any National Park permit (currently, Golden Age Passport) holder to utilize special recreation facilities at a rate of 50 percent of the established use fee. Requires fees to be comparable to those charged by other public and private entities. Permits persons violating National Park rules or regulations to be fined any amount as provided by law. Requires: (1) the amount authorized to be retained by the Secretaries for fee collection costs to equal the collection costs of the immediately previous fiscal year (instead of the current fiscal year); (2) the use of amounts covered into the existing special account for the National Park Service generated from the collection of fees for park operations only; and (3) the Secretary to establish reasonable fees for the fair market value of uses of NPS units that require special arrangements, including permits, with any amount exceeding the cost of providing necessary services to be deposited in the Park Renewal Fund to be established under this Part. (Sec. 5301) Authorizes the Secretary to negotiate and enter into challenge cost-share agreements with any State or local government, public or private agency, corporation, individual, or other entity for the purpose of sharing costs or services in carrying out any authorized functions and responsibilities of the Secretary with respect to any NPS unit, affiliated area, or designated National Scenic or Historic Trail. (Sec. 5302) Amends the National Park System Visitor Facilities Fund Act to redefine or define: (1) "park system resource" to mean any living or non-living resource that is located within the boundaries of a NPS unit, except for resources owned by a non-Federal entity; and (2) "marine or aquatic park system resource" to mean any living or non-living resource that is located within or is a living part of a marine or aquatic regimen within such boundaries, except for such resources. Makes any instrumentality that destroys, causes the loss of, or injures any marine or aquatic park (currently, park) system resource liable in rem to the United States for response costs and resulting damages to the same extent as a person is liable for such destruction, loss, or injury. (Sec. 5304) Requires 80 percent of all revenues received from admission, recreation use, commercial tour use, and commercial non- recreational use fees collected by NPS units in excess of a specified amount for FY 1996 through 2002 to be deposited into the Fund. (Sec. 5305) Requires: (1) receipts in the Fund from the previous fiscal year to be available to the Secretary without further appropriation beginning in FY 1997; (2) 75 percent of such receipts to be allocated among NPS units in the same proportion as admission, recreation use, commercial tour use, and commercial non-recreational use fees collected from a specific unit bear to the total amount of such fees collected from all NPS units for each fiscal year; and (3) 25 percent to be allocated among NPS units on the basis of need, as determined by the Secretary. Limits the use of expenditures from the Fund solely to infrastructure and operational needs. Requires the Secretary, by January 1 of each year, to provide to specified congressional committees a list of past and proposed expenditures from the Fund for each unit. Subtitle E: Water Projects - Amends the Reclamation Reform Act of 1982 to authorize a person or district holding a water delivery contract with the United States to prepay the construction costs associated with such water delivery, either through accelerated or lump sum payments. (Sec. 5410) Increases the annual payment required of the city and county of San Francisco, California, for the Hetch Hetchy Dam project by an amount determined under a formula used by the Federal Energy Regulatory Commission for hydroelectric power projects under the Federal Power Act. Requires the highest priority use of such funds to be for the annual operation of Yosemite National Park, with the remainder for other California national parks. (Sec. 5420) Collbran Project Unit Conveyance Act - Directs the Secretary of the Interior to convey to the Ute Water Conservancy District and the Collbran Conservancy District all rights and interests of the United States in and to the Collbran Reclamation Project. Provides for: (1) payment to the United States by the Districts; (2) the deposit and authorized uses of such payments; (3) Project operation and use by the Districts for 40 years; (4) a required annual plan from the Districts for such operation during such period; and (5) conveyance subject to specified agreements between the United States and Colorado relating to the construction and operation of recreational facilities at Vega Reservoir, a Project area. Requires the Project's power component and facilities to be operated in substantial conformity with its past operation. Provides for Project power marketing under existing agreements. Requires the Districts, after the expiration of such agreements, to provide all Project power produced to the Western Area Power Administration at a specified rate. Grants a 40-year license to the Districts for Project operation. Makes the "major Federal action" provisions of the National Environmental Policy Act of 1969 inapplicable to such conveyance. Terminates certain previous agreements upon such conveyance. Makes the Districts liable for all acts or omissions relating to the operation and use of the Project subsequent to the conveyance. Subtitle F: Federal Oil and Gas Royalties - Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to place primary liability for lease obligations upon either the person to whom the United States issues a lease, or the current owner of operating rights, but not both. Permits a lessee to designate a person to act on the lessee's behalf, subject to written notification of the Secretary of the Interior (the Secretary for this subtitle). (Sec. 5502) Bars a judicial proceeding relating to an obligation that is not commenced within six years from the date on which the obligation falls due. Prescribes procedural guidelines for: (1) tolling of the period of limitations; (2) adjustments and refund; and (3) recordkeeping requirements. (Sec. 5505) Authorizes the Secretary to waive royalty interest. Requires the Secretary to pay or credit interest on overpayments of royalties, except on overpayments made solely to accrue such interest. Provides for payments of estimated royalties. Prescribes a general procedure for the volume allocation of oil and gas production. (Sec. 5506) Amends FOGRMA to proscribe assessments for late payment or underpayment. Restricts assessments to erroneous reports solely (but permits the imposition of penalties or interest for late payments or underpayment under other sections of such Act). (Sec. 5507) Prescribes guidelines under which a lessee may make prepayments in lieu of royalty payments for a marginal property which is not cost-effective for the Secretary to administer. Instructs the Secretary to provide accounting, reporting, and auditing relief that will encourage lessees to continue to produce and develop such properties. (Sec. 5509) Amends the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping requirements. Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public for no more than its regulated price, or, if no regulated price applies, not less than fair market value). (Sec. 5510) Amends FOGRMA to instruct the Secretary to streamline and simplify current royalty management requirements, including reporting, instruction, audits and collections. (Sec. 5511) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties. Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments. (Sec. 5512) Revises the Secretary's authority to delegate to the States all authority and responsibility to conduct audits, inspections and production and royalty accounting duties with respect to all Federal lands within their borders. Includes production and royalty accounting duties and responsibilities among such delegable authorities. Repeals the requirement that the Secretary receive permission from the Indian tribe allottee involved before undertaking such a delegation with respect to any Indian lands. Authorizes a State to request the Secretary to sell the revenue stream from certain Federal leases on marginal properties. (Sec. 5513) Amends FOGRMA to replace the knowing and willful standard for certain violations which incur a civil penalty with a standard of willful misconduct or gross negligence (a higher, more difficult standard of proof). (Sec. 5514) Excludes Indian lands and privately owned minerals from the purview of this Act. Subtitle G: Department of Energy - Instructs the Secretary of Energy (the Secretary for this subtitle) to conduct an asset management and disposition program resulting in a minimum of $225 million in receipts and savings by October 1, 2000. Enumerates the assets and raw materials for disposition. Exempts such program from the disposition guidelines of the Federal Property and Administrative Services Act of 1949 and the Surplus Property Act of l944. (Sec. 5651) Directs the Secretary to draw down and sell 32 million barrels of oil in the Weeks Island Strategic Petroleum Reserve Facility. (Sec. 5652) Amends the Energy Policy and Conservation Act to permit the Secretary to store petroleum products owned by a foreign government in under utilized Strategic Petroleum Reserve facilities. Mandates that 50 percent of the funds resulting from the leasing of Strategic Petroleum Reserve facilities be made available to the Secretary without further appropriation for oil purchases for the Strategic Petroleum Reserve. Subtitle H: Mining - Mining Law Revenue Act of 1995 - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 5702) Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for an unpatented mining claim or site against the requisite royalties. Repeals: (1) the fee requirements of the Omnibus Budget Reconciliation Act of 1993; and (2) the filing requirements for mining claim recordation under the Federal Land Policy and Management Act of 1976. (Sec. 5703) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 5704) Prescribes patent issuance guidelines. Sets forth procedural guidelines for divestment and reverter of a patented estate that is used for unauthorized purposes. (Sec. 5705) Imposes a royalty of 2.5 percent on the Net Smelter Return of all ores, minerals, metals, and materials mined, removed and sold from the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Exempts from such royalty any mine with an annual gross yield of less than $500,000. Prescribes royalty payment procedures. (Sec. 5706) Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 5708) Identifies: (1) Federal lands and water eligible for reclamation under this subtitle; and (2) reclamation uses and objectives for moneys in a State Fund. Subtitle I: Department of the Interior - Instructs the Secretary of the Interior (the Secretary for this subtitle) to: (1) contract with private entities for the provision of all aircraft services required by the Department of the Interior; (2) sell all aircraft and associated equipment and facilities owned by the Department. Requires return of all disposition proceeds to the Treasury. Subtitle J: Power Marketing Administrations - Part I: Bonneville Power Administration Refinancing - Bonneville Power Administration Appropriations Refinancing Act - Prescribes guidelines under which the Administrator of the Bonneville Power Administration shall refinance a certain appropriated debt by determining with the approval of the Secretary of the Treasury: (1) a new principal amount for such debt; (2) a new interest rate for such debt based on the Treasury rate for the old capital investment; and (3) a $100 million limit on prepayments of old capital investments before a certain date. (Sec. 5905) Prescribes guidelines for interest rates for new capital investments. (Sec. 5907) Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to appropriate specified amounts to the Administrator in certain fiscal years so long as the Administrator makes annual payments to the Tribes under a certain settlement agreement. (Sec. 5908) Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the principal amount or interest rate obligations to the Government. Part II: Alaska Power Marketing Administration Sale - Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Power Authority; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, and the Matanuska Electric Association, Inc. Directs the Secretary to deposit sale proceeds into the miscellaneous receipts of the Treasury. (Sec. 5911) Declares that both Projects shall continue to be exempt from Federal Power Act requirements (subject to a certain Memorandum of Agreement). Grants the U.S. District Court for the District of Alaska jurisdiction to review and enforce such Memorandum, including the remedy of specific performance. Provides for an action seeking review of a Fish and Wildlife Program of the Governor of Alaska under the Memorandum, or challenging actions of the Memorandum parties before adoption of the Program, if it is brought within 90 days after the Governor adopts such Program. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under certain statutory selection entitlements. Subtitle K: Radio and Television Communication Site Fees - Directs the Secretaries of Agriculture and of the Interior to: (1) assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or the Bureau of Land Management; (2) prescribe implementing regulations; and (3) establish a broad-based advisory group including representatives from the non-broadcast communications industry to review and report to the Congress on criteria for determining fair market values and next best alternative use. Subtitle L: Amendments to Outer Continental Shelf Lands Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico. (Sec. 5930) Declares that no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. Suspends royalties for a seven-year period for new leases in specified water depths in the Gulf. Title VI: Committee on Environment and Public Works - Public Works Reconciliation Act of 1995 - Reduces by 15 percent the total of the amounts authorized, allocated, or unallocated to each State, for FY 1996-97, for specified highway demonstration projects under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), subject to specified requirements. Provides for 15 percent reductions in total unobligated balances as of September 30, 1995, for certain previously authorized projects under ISTEA, the Surface Transportation and Uniform Relocation Assistance Act of 1987, and the Surface Transportation Assistance Act of 1982, and under various Department of Transportation and Related Agencies Appropriations Acts. (Sec. 6003) Directs that, with respect to the first fiscal year beginning after September 30, 1995: (1) the Secretary of Transportation shall determine, in accordance with the policies established by ISTEA, which of the States will no longer require an apportionment, and which will require decreased funding, as a result of the termination of the Interstate construction program; and (2) as a result of the reduced number of States that may require an apportionment and the decrease in the amount of funds some States will require, the amount apportioned shall be reduced from that apportioned for FY 1995 by 60.4 percent. (Sec. 6004) Amends: (1) the Omnibus Budget Reconciliation Act of 1990 to extend the last assessment of Nuclear Regulatory Commission annual fees and user charges to September 30, 2005; and (2) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995, to extend Federal Emergency Management Agency radiological emergency preparedness fees through 2005. Title VII: Committee on Finance - Spending Control Provisions - Subtitle A: Medicare - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Medicare Choice Plans) under which individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under part B (Supplementary Medical Insurance) are entitled to choose to receive health care items and services covered under such parts through either the traditional Medicare program or by receiving payments toward the individual's enrollment in a Medicare Choice plan under this new part. Outlines basic components of the new Medicare Choice program, providing specific details with regard to such various program-related matters as enrollment procedures, covered benefits, cost-sharing, sponsor requirements, plan standards, Medicare payment amounts, premiums and rebates, and contractual authority as well as certain related tax aspects under the Internal Revenue Code pertaining to Medicare Choice Accounts, certain rebates, and other specified matters. (Sec. 7011) Makes various specified technical amendments with regard to Medicare part A hospital inflation updates, adjustments for capital-related tax costs, disproportionate share payments, and other payment-related matters pertaining to medical education and hospice and skilled nursing facility services, with changes including a reduction in certain payments for capital-related costs and a system of incentives for cost-effective management of covered non-routine services of skilled nursing facilities. Provides for development of a prospective payment system for certain types of hospitals currently not under such system. (Sec. 7018) Extends Medicare coverage of, and application of hospital insurance tax to, all State and local government employees. (Sec. 7036) Directs the Secretary of Health and Human Services (HHS Secretary) to establish and implement a medical review of the effect of these payment paragraphs on the quality of extended care services furnished to Medicare beneficiaries in order to ensure that they are furnished appropriate extended care services. (Sec. 7037) Requires the Prospective Payment Assessment Commission to report to the Congress on the payment system under Medicare for extended care services furnished by skilled nursing facilities. (Sec. 7041) Makes various specified technical amendments with regard to Medicare part B physician service inflation updates and other provider service-related payment matters, among other changes: (1) replacing the volume performance standard with sustainable growth rate for physician service payments; (2) eliminating formula-driven overpayments for certain outpatient hospital services; and (3) freezing payment updates for clinical laboratory diagnostic, ambulatory surgical, and ambulance services as well as for durable medical equipment. (Sec. 7050) Directs the Secretary to revise regulations on payment for anesthesia services to permit Medicare payment for such services furnished in a hospital or ambulatory surgical center by a certified registered nurse anesthetist who is authorized under State law to administer such services without supervision by the physician performing the operation or the anesthesiologist. (Sec. 7051) Makes various specified changes with regard to the Medicare part B premium and deductible, including providing for an increase in such premium for certain high-income individuals as well as certain related changes under the Internal Revenue Code pertaining to the disclosure of tax return information for purposes of collecting such supplemental Medicare part B premiums. (Sec. 7055) Makes various specified changes with regard to Medicare as secondary payor, and other outlined miscellaneous changes as well relating to Medicare part A and B provisions on matters such as payments for euthanasia services (which are prohibited), home health services (which are paid for on the basis of a per visit payment rate established by the Secretary for each type of home health service), and certification of Christian Science providers. Includes as additional changes revisions involving payments for prosthetics and orthotics under Medicare part A, health care in rural and shortage areas, and services furnished by physician assistants and nurse practitioners in outpatient or home settings. Establishes the Medicare rural hospital flexibility program (to replace the current essential access community hospital program) and the rural emergency access care hospital program. Authorizes appropriations. (Sec. 7074) Directs the Physician Payment Review Commission to analyze and report to the Congress on the effectiveness of the provision of additional Medicare part B payments for physicians' services provided in shortage areas in recruiting physicians for such areas. (Sec. 7076) Provides for certain demonstration projects to promote telemedicine. Authorizes appropriations. Health Care Fraud and Abuse Prevention Act of 1995 - Amends SSA title XI to establish a fraud and abuse control program to: (1) coordinate Federal, State, and local efforts at combatting health care fraud and abuse; (2) conduct appropriate investigations, audits, and evaluations related to health care delivery and payment; and (3) facilitate enforcement of various applicable statutes relating to health care fraud and abuse. Establishes in the Federal Hospital Insurance Trust Fund the Health Care Fraud and Abuse Control Account for use in conjunction with the program established above. (Sec. 7102) Modifies current sanctions under SSA title XI for fraud and abuse involving Medicare or State health care programs, with changes: (1) extending their application to fraud and abuse against any federally funded plan or program that provides health benefits, whether directly, through insurance, or otherwise; (2) providing for mandatory exclusion from participation in Medicare and State health care programs for an individual convicted of a felony related to health care fraud or a controlled substance; (3) establishing certain minimum periods of exclusion from such participation for certain offenses; (4) allowing for the imposition of other intermediate sanctions for certain miscellaneous eligible organization violations under Medicare in lieu of contract termination; and (5) providing for health care fraud and abuse guidance. Revises general civil monetary penalty provisions, modifying penalty and assessment amounts among other changes. Requires the Secretary to study and report to the Congress on volume and combination discounts under Medicare. (Sec. 7121) Provides for the establishment of a health care fraud and abuse data collection program under SSA title X. (Sec. 7141) Amends the Federal criminal code to add sanctions consisting of fines and imprisonment as well as property forfeitures for Federal health care offenses, with proceeds from such fines and forfeitures to be deposited in the Federal hospital insurance trust fund. Describes other criminal code changes relating to Federal health care offenses, including those pertaining to injunctive relief and money laundering. (Sec. 7171) Sets forth various specified measures designed for ensuring solvency of the Medicare trust funds, including transfers of certain part B savings related to the revisions of this subtitle involving the Medicare part B premium to the Hospital Insurance Trust Fund. (Sec.7175) Provides for a Medicare "budget expenditure limiting tool." Subtitle B: Transformation of the Medicaid Program - Medicaid Transformation Act of 1995 - Amends SSA to add a new title XXI (Medicaid Program for Low-Income Individuals and Families) to replace the current Medicaid program, which is repealed as of October 1, 1996. Gives such new program the stated purpose of providing funds to States to enable them to provide medical assistance to certain eligible individuals and families in a more effective, efficient, and responsive manner. Outlines program particulars, which include: (1) a separate fraud prevention program along with State Medicaid fraud control units; (2) a Medicaid Task Force and associated advisory group as well as a Medical Drug Rebate Program Task Force; (3) funding set- asides for certain population groups and for grants for community health centers and rural health clinics; (4) respective payment limitations and prohibitions with regard to abortions and euthanasia services; (5) quality assurance standards for and certification of certain nursing facilities; and (6) a rebate program with regard to covered outpatient drugs. Directs the Secretary to develop a national, quantifiable classification system to identify children with special health needs. Provides for demonstration projects to provide methods of assuring quality care for children with special health care needs. Directs the Director of the Congressional Budget Office to report to the Congress annual analyses of the impact of the replacement of the Medicaid program on the health insurance status of children, individuals who have attained retirement age, and the disabled. Subtitle C: Block Grants for Temporary Assistance for Needy Families - Work Opportunity Act of 1995 - Replaces the current Aid to Families with Dependent Children (AFDC) and Job Opportunities and Basic Skills Training (JOBS) programs under SSA title IV parts A and F, respectively, with a program under a new part A of block grants to the States for temporary assistance for needy families with minor children (TEA program). Gives such program the stated purpose of increasing State flexibility in operating a program with mandatory work and education requirements (along with certain penalties against adult family members on TEA assistance who refuse to work), as well as with optional community service requirements and certain adult-supervised living arrangements for unmarried teenage parents. (Sec. 7201) Provides for: (1) certain time-limited assistance to needy families with minor children in personal responsibility contracts with the involved State, with certain exceptions involving minor children and hardship situations; (2) job preparation and opportunities for such families, including opportunities to participate in State-approved job placement agency services; and (3) prevention and reduction of out-of-wedlock pregnancies. Provides that the obligations of each parent under such a contract shall be determined based upon a case manager's prior assessment of the parent's skills and abilities. Gives States options to deny assistance for out-of-wedlock births to minors and for children born to families receiving assistance, as well as in certain other cases. Denies TEA assistance for fugitive felons and probation and parole violators and for other specified situations. Provides for increased State grant and other payment amounts as rewards for job placement performance and out-of-wedlock birth reductions. Reduces grant amounts as a penalty for violations of this new part. Sets out the administrative process for review of such penalties and other adverse decisions, requiring the Federal Government, before assessing such a penalty, to notify the State of the violation and give it an opportunity to correct any violations for which such penalty would be assessed. Authorizes appropriations with specific child care set-asides for each family with a dependent child requiring such care under the new program. Expresses the sense of the Congress that: (1) each State operating a TEA program is encouraged to assign the highest priority to requiring adults in two-parent families and adults in single-parent families that include older preschool or school-age children to be engaged in work activities; and (2) prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests, and the policy contained in the provisions of this subtitle is intended to address the crisis. Establishes in the Treasury a revolving Federal Loan Fund for State Welfare Programs for loans to any loan-eligible State for conducting welfare anti-fraud and other specified activities and certain other similar funds for purposes related to State welfare programs. Outlines program audit, data collection, and reporting requirements as well as certain study and evaluation requirements. Authorizes appropriations. Directs the Bureau of the Census to expand the Survey of Income and Program Participation to enable interested persons to evaluate the impact of the changes made by this subtitle on a random national sample of recipients of assistance under State programs funded under this subtitle and other appropriate low-income families. Addresses the treatment of existing State AFDC waivers in effect or approved by the Secretary as of October 1, 1995. Provides for the treatment of Indian tribes with regard to grant amounts and other specified program matters affecting Indians. Makes the Assistant Secretary for Family Support within HHS the official responsible for administering SSA title IV part A and D (Child Support and Establishment of Paternity) programs. (Sec. 7202) Allows States to contract with charitable, religious, and private organizations to provide services and administer programs established or modified by this Act. (Sec. 7203) Prohibits financial assistance provided under such programs from being expended for sectarian worship or instruction. (Sec. 7204) Directs the Secretary of Commerce to enable the Bureau to collect statistically significant data concerning the growing trend of grandparents who are the primary caregivers for their grandchildren. (Sec. 7205) Requires the HHS Secretary to study and report to the Congress on the welfare reorganization's effect on grandparents as primary caregivers. (Sec. 7206) Requires development of a prototype of a counterfeit- resistant Social Security card and a study and congressional report, all by the Commissioner of Social Security, on methods of improving the application process for such a card. (Sec. 7207) Requires organizations accepting Federal funds under certain parts of this Act, and making communications in support of or in opposition to any Federal, State, or local policy, to state in the communication that it was prepared and paid for by an organization that accepts Federal taxes. (Sec. 7208) Amends the Family Support Act of 1988 to modify the job opportunities for certain low-income individuals program. Authorizes appropriations. (Sec. 7209) Outlines State demonstration projects for increasing the number of school hours to provide children with a safe and healthy environment without exposure to unfavorable neighborhood influences. Authorizes appropriations. (Sec. 7212) Provides that funds received by a State under the block grant program established by this Act, the optional State food assistance block grant program under the Food Stamp Act of 1977, and the child care block grant program under the Child Care and Development Block Grant Act of 1990 shall be expended only in accordance with the laws and procedures applicable to expenditures of the State's own revenues. (Sec. 7213) Makes conforming amendments under various specified titles of the Social Security Act, the Food Stamp Act of 1977, and other specified Federal laws. Subtitle D: Supplemental Security Income - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI because of disability to drug addicts and alcoholics whose addiction or alcoholism is a contributing factor to such disability; (2) revise representative payee requirements; (3) provide for referrals of SSI- eligible disabled individuals with a substance abuse condition to the appropriate State agency for treatment; (4) deny SSI benefits for ten years to individuals who fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; and (5) deny SSI benefits for fugitive felons and probation and parole violators. (Sec. 7251) Provides supplemental funding for alcohol and substance abuse treatment programs under the Public Health Service Act and for exchange of SSI information with law enforcement agencies. (Sec. 7261) Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying medical criteria for evaluating mental and emotional disorders, and discontinuing individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under 18 receiving SSI benefits based on a disability as of the enactment of this Act whose eligibility for such benefits may terminate because of these amendments. (Sec. 7262) Provides for periodic Commissioner reviews of the continued SSI eligibility of each individual under 18 who is eligible for such benefits because of an impairment or combination of impairments which may improve (or which is unlikely to improve, at the Commissioner's option). Requires a recipient's parent or guardian to present, at the time of such a review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition forming the basis for providing the benefits. Provides that if an individual is eligible for SSI benefits because of disability for the month preceding the month in which he or she turns 18, the Commissioner shall redetermine such eligibility, during the one year period beginning when the individual turns 18, by applying the criteria for determining the initial eligibility of applicants who have turned 18. Outlines specific requirements governing continuing disability reviews for low birth weight babies and benefit payments through representative payees to eligible individuals and their spouses. (Sec. 7271) Requires the Commissioner to: (1) report annually on SSI to the President and the Congress; (2) issue a request for comments regarding improvements to disability evaluation and determination procedures for individuals under 18 to ensure their comprehensive assessment; (3) review such comments and issue any necessary regulations; and (4) make arrangements with the National Academy of Sciences, or other independent entity, to study Old Age, Survivors, and Disability Insurance (OASDI) and SSI disability determination processes for reports to the President and the Congress. (Sec. 7274) Directs the Comptroller General to study and report to the Congress on this subtitles impact on SSI. (Sec. 7281) Establishes the National Commission on the Future of Disability to study matters related to Federal programs for individuals with disabilities, including OASDI and SSI programs, with resulting recommendations for appropriate action submitted to the President and the Congress. (Sec. 7291) Repeals maintenance of effort requirements applicable to optional State programs for supplementing SSI benefits. (Sec. 7295) Bases eligibility for SSI on the retirement age used under OASDI. Subtitle E: Child Support - Chapter 1: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 7302) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 7303) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Chapter 2: Locate and Case Tracking - Mandates that single statewide automated data systems include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 7312) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 7313) Requires State plans to: (1) provide for a State- operated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 7314) Requires States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 7315) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 3716) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) executing child support obligations; and (3) enforcing visitation orders. (Sec. 7317) Requires States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) death records. Chapter 3: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 7323) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Chapter 4: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. Requires State procedures under which the name of the father shall be included on the birth certificate only: (1) if the mother and father have signed a voluntary acknowledgement of paternity; or (2) pursuant to a judicial or administrative order. (Sec. 7333) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Chapter 5: Program Administration and Funding - Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 7342) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 7344) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 7345) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Chapter 6: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines. (Sec. 7352) Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 7353) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 7354) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition. Chapter 7: Enforcement of Support Orders - Amends Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 7362) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the Armed Forces. (Sec. 7364) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 7365) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 7370) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support. (Sec. 7371) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement. (Sec. 7372) Denies means-tested Federal benefits to a non-custodial parent who is more than two months delinquent in paying child support. (Sec. 7373) Requires a State plan for child and spousal support to provide that such State will make reasonable efforts to enter into cooperative agreements with an Indian tribe or tribal organization having an established tribal court system with child support enforcement powers for the cooperative delivery of child support enforcement services. Authorizes the Secretary to make direct payments (analogous to payments to a State plan for spousal and child support) to an Indian tribe or tribal organization with an approved child support enforcement plan. (Sec. 7374) Requires States to have statutorily prescribed procedures under which a State agency shall enter agreements with financial institutions doing business within the State to develop and operate a data match system to provide identifying information for each absent parent targeted by the State who maintains an account at the institution, and to encumber such parent's assets at the institution pursuant to a lien or levy. (Sec. 7375) Requires the State plans for automated child support payment and disbursement units, to include a mandatory enforcement fee schedule. Expresses the sense of the Senate that the States should pursue the collection of enforcement costs from a noncustodial parent who: (1) denies paternity and is later determined to be the father; and (2) does not voluntarily comply with judicial or administrative enforcement orders. (Sec. 7376) Requires States to have statutorily prescribed procedures under which child support orders relating to the child of minor parents, where the mother is receiving assistance, are enforceable against the child's paternal grandparents. (Sec. 7377) Expresses the sense of the Senate urging States: (1) to continue diligently their efforts to enforce child support payments by the non-custodial parent regardless of such parent's employment status or location; and (2) to pursue pilot programs in which the parents of a non-adult, non-custodial parent who refuses to or is unable to pay child support must pay or contribute to the child support owed by the non-custodial parent, or otherwise fulfill all financial obligations and meet all conditions imposed on the non- custodial parent, such as participation in a work program or other related activity. Chapter 8: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 7379) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Chapter 9: Enhancing Responsibility and Opportunity for Nonresidential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate absent parents' access to their children. Chapter 10: Effect of Enactment - Sets forth effective dates for the provisions of this subtitle. Subtitle F: NonCitizens - Gives States the option to prohibit Federal public assistance for certain aliens. (Sec. 7402) Sets forth: (1) procedures governing Federal assistance eligibility determinations with regard to deemed income and resources of a U.S. citizen or national or an alien; and (2) requirements for sponsor's affidavit of support. (Sec. 7404) Provides for limited eligibility of noncitizens for SSI benefits. (Sec. 7405) Makes a noncitizen entering the United States ineligible for five years afterwards to receive any benefits under any program of assistance provided, or funded, in whole or in part, by the Federal Government, for which benefit eligibility is based on need, with certain exceptions. Sec. 7406) Requires certain periodic information reporting by the appropriate authorities under SSA titles IV and XVI and the United States Housing Act of 1937 to the Immigration and Naturalization Service with regard to unlawful aliens. (Sec. 7407) Prohibits Federal benefits from being paid or provided to any person not lawfully present in the United States, with certain exceptions pertaining to emergency medical or short-term disaster relief services, school lunches and child nutrition, and immunizations. Authorizes appropriations. Subtitle G: Additional Provisions Relating to Welfare Reform - Specifies measures designed for obtaining workforce reductions at several Federal departments, with specified reductions set out for HHS, for a report to the Congress. (Sec. 7421) Provides for a reduction in block grants for social services under SSA title XX (Block Grants to States for Social Services). (Sec. 7422) Requires the Secretary to establish certain goals and conduct a certain study under SSA title XX related to out-of-wedlock and teenage pregnancy preventions for reports to the Congress. (Sec. 7431) Places a limitation on administrative expenses under SSA title IV part E (Foster Care and Adoption Assistance). (Sec. 7441) Provides for exempting battered individuals from certain requirements under this Act where their application would endanger the individual's well-being. (Sec. 7442) Expresses the sense of the Senate that: (1) prior to its acting on any welfare reform measures the Congressional Budget Office shall prepare certain analyses estimating the various costs to the States of meeting the requirements imposed on them by such measures; and (2) States and local jurisdictions should aggressively enforce statutory rape laws. (Sec. 7444) Declares that States shall not be prohibited by the Federal Government from sanctioning welfare recipients who test positive for controlled substance use. (Sec. 7445) Increases funding for abstinence education under SSA title V (Maternal and Child Health Services), providing as well for certain funding set-asides for such education. (Sec. 7446) Provides that if an individual's benefits under a Federal, State, or local law relating to a means-tested welfare or public assistance program (which include the food stamp, AFDC, and public or assisted housing programs) are reduced because of fraud by the individual, the individual may not, for the duration of the reduction, receive an increased benefit under any other means-tested welfare or public assistance program for which Federal funds are appropriated as a result of a decrease in the income of the individual attributable to such reduction. Subtitle H: Reform of the Earned Income Tax Credit - Amends earned income tax credit provisions of the Internal Revenue Code to require the inclusion of an eligible individual's social security number on such individual's tax return. Repeals such credit for individuals without children. Decreases the credit percentage for those with two or more children. Revises rules relating to the denial of the credit on the basis of disqualified income. Replaces references to adjusted gross income, concerning the credit, with references to modified adjusted gross income. Defines modified adjusted gross income to include certain nontaxable income and to disregard certain losses. Doubles the penalties to be paid by tax preparers violating provisions applicable to those who prepare returns for others. Subtitle I: Increase in Public Debt - Increases the public debt limit. Subtitle J: Correction of Cost of Living Adjustments - Expresses the sense of the Senate that: (1) the Consumer price index overstates the cost of living in the United States; (2) overstatement of the cost of living undermines the equitable administration of Federal benefits; and (3) all cost of living adjustments required by Federal law should be corrected as soon as possible. Title VIII: Committee on Governmental Affairs - Provides under the Omnibus Budget Reconciliation Act of 1993 for an extension of the delay in cost-of-living adjustments in Federal employee retirement benefits through FY 2002. (Sec. 8002) Revises Federal civil service law with respect to the Civil Service (CSRS) and Federal Employees'(FERS) Retirement Systems regarding deductions, contributions, and deposits, increasing agency contributions under CSRS during calendar years 1996 through 2002, and providing for a phased-in increase under both systems of the amounts of individual deductions, deposits, and withholdings until 2003, when the percentage of basic pay subject to such withholding generally reverts back to the current 1995 rate, except with regard to congressional employees and Members of Congress. Provides additional retirement-related changes under both systems with regard to the later two types of employees and their years of service for purposes of computing an annuity. Title IX: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend provisions regarding surcharges on patent and trademark fees through FY 2002. Specifies patent and trademark user fee amounts to be collected through establishment of surcharges for FY 1999 through 2002. Title X: Committee on Labor and Human Resources - Amends the Higher Education Act of 1965 (HEA) with respect to student loan programs. (Sec. 10002) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; (2) for academic year 1995-1996 to 30 percent, and for any succeeding fiscal year to 20 percent, of such volume for such year, except that the Secretary of Education may not enter into agreements with any additional eligible institutions that have not applied and been accepted for participation in such program on or before September 30, 1995. Eliminates provisions for selecting additional institutions to participate in such pilot program. Revises provisions for funds for administrative expenses. Sets institutional default rate limitations on direct lending. Conditions the Secretary's authority to make new direct loans on the issuance of certain final standards and procedures for calculation of institutional default rates and for termination proceedings. Eliminates the transition to the Federal Direct Loan Program. Repeals certain provisions relating to fees for origination services. Establishes requirements for a student loan program school participation fee to be paid by all eligible institutions on the basis of the total volume of Federal student loans (except consolidation loans) they disburse annually under the Federal Family Education Loan (FFEL) and the Federal Direct Loan (FDL) programs. Makes provisions for State risk sharing with respect to default costs applicable to Federal Direct Loans. (Sec. 10003) Eliminates certain grace period interest subsidies for new student loans for new borrowers. Revises the parent loan (Federal PLUS loans) program to: (1) raise interest rates on PLUS loans; and (2) require each holder of a PLUS loan to pay biannual rebates of interest subsidies to the Secretary of Education. Provides that Federal Direct loans have the same terms and conditions as FFEL (guaranteed) loans. Permits development, production, distribution, or use of the common application form in an electronic format through software produced or distributed by guaranty agencies or eligible lenders, or consortia of agencies and lenders. Allows the applicant to certify the outcome of the application in a subsequent document. Prohibits charging a fee in connection with the use of such electronic form. Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Sets forth conditions under which: (1) Federal Direct (Perkins) Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. Allows income contingent repayment in the FFEL (guaranteed or Stafford) loan program. (Sec. 10004) Revises provisions affecting FFEL program lenders and loanholders. Revises provisions for insurance program agreements to qualify for interest subsidies to lower the percentage of unpaid principal of loans which must be insured under certain conditions. Lowers the percentage of claimed unpaid principal and interest on loans which must be paid by guaranty agencies to lenders and servicers. Increases the amount of loan fees from lenders. Requires each holder of a subsidized or unsubsidized Federal Stafford loan to pay a biannual insurance subsidy rebate to the Secretary of Education. Adds an audit exemption for small lenders. (Sec. 10005) Revises provisions affecting guaranty agencies. Requires guaranty agencies to use at least 50 percent of their reserve funds to purchase and hold defaulted loans that they guarantee and for which insurance claims are filed by the eligible lender, with specified exceptions. Extends the period for which a guaranty agency is required to hold a defaulted loan under certain conditions. Sets forth provisions for the new extended holding period program with respect to subject loans, excluded loans, and guaranty agency efforts during such period. Prohibits the Secretary from regulating the collection activities of a guaranty agency with respect to any loan which is subject to such extended holding period and for which reinsurance has not been paid. Revises provisions relating to: (1) administrative cost allowances; (2) the Secretary's share of collections on consolidated defaulted loans; (3) reserve funds of guaranty agencies; and (4) certain monitoring conducted through the National Student Loan Data System or otherwise. Eliminates provisions for payments by the Secretary for supplemental preclaims assistance by guaranty agencies. Prohibits use of reserve funds of a guaranty agency for marketing, advertising, or promotion of the Robert T. Stafford Federal student Loan Program, or for the hiring of advertising agencies or other third parties to provide advertising services. (Sec. 10006) Extends the authorization of appropriations for, and the duration of, each program under the FFEL program. (Sec. 10007) Provides for the privatization and renaming of the College Construction Loan Insurance Association (Connie Lee), and the cessation of Federal sponsorship. Repeals provisions for such Association under HEA. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Extension of Certain Authorities - Extends through FY 2002: (1) the requirement that non- service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs ; (2) certain Department veterans' medical care cost recovery authority; (3) the authority of the Secretary of Veterans Affairs to charge and collect a fee for Department-guaranteed veterans' housing loans; (4) the authority under Federal veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs- based benefits; and (5) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and surviving spouses who have no dependents and reside in Medicaid-participating nursing homes. Subtitle B: Cost-of-Living Adjustments in Compensation Rates - Prohibits the cost-of-living adjustments to veterans' disability compensation rates from being increased during FY 1996 through 2002 by a greater percentage than the increase during such period for benefits under title II (Old age, survivors and disability insurance) of the Social Security Act. Requires such rates to be rounded down to the next lower dollar. Subtitle C: Educational Benefits - Limits the FY 1996 through 2002 cost-of-living adjustments in the rates of educational assistance payable under the Montgomery GI Bill to 50 percent of the increase in the Consumer Price Index during such period. Increases, for those individuals who first become eligible for such assistance during FY 1996 through 2002, the amount authorized to be deducted from monthly basic pay for participation in the program. Subtitle D: Miscellaneous - Revises the Government's liability standard for disability or death resulting from Department treatment to allow compensation to be awarded for the additional disability or death in the same manner as if such disability or death were service- connected. Title XII: Committee on Finance-Revenue Provisions - Subtitle A: Family Tax Relief - Amends the Internal Revenue Code to allow a credit of $500 annually per child. Provides for reductions in such credit, if income exceeds specified amounts. Increases the standard deduction for married individuals. Allows a credit of up to $5000 for qualified adoption expenses. Excludes from gross income up to $5000 of employee adoption assistance provided by an employer. Allows a credit of up to $500 for interest on qualified educational loans. Subtitle B: Savings and Investment Incentives - Chapter 1: Retirement Savings Incentives - Subchapter A: Individual Retirement Plans - Part I: Restoration of IRA Deduction - Increases the income limits for Individual Retirement Account deductions. Allows for full participation by both spouses, including homemakers. Provides an inflation adjustment for the deductible amount. Part II: Nondeductible Tax-Free IRAs - Provides for the establishment IRA Plus accounts for which there shall be no deduction for contributions, however, qualifying distributions shall not be included in gross income. Subchapter B: Penalty-Free Distributions - Permits, as specified, distributions without penalty: (1) to purchase a first home; (2) for financially devastating medical expenses; (3) for qualified higher education expenses; or (4) for certain unemployed individuals. Subchapter C: Simple Savings Plans - Provides for the establishment of simple retirement accounts for employees of employers who employ 100 or fewer employees. Permits payments of up to $6000 annually into such an account by an employer. Allows for the deduction by the employee of such payment. Treats employer contributions to such plans generally the same as deductions of an employer to an employees' trust or annuity plan and compensation under a deferred-payment plan are treated. Provides for the extension a simple plan to a 401(k) arrangement. Chapter 2: Capital Gains Reform - Subchapter A: Taxpayers Other Than Corporations - Establishes a capital gains deduction of 50 percent for individuals. Set forth special rules for collectibles. Doubles the amount of gross assets a corporation may have and still qualify for the 50 percent exclusion for gain from certain small business stock. Repeals the per-issuer limitation. Permits the rollover of gain from qualified small business stock to another qualified small business stock without recognition of gain under specified conditions. Subchapter B: Corporate Capital Gains - Revises the alternative tax for corporations to set forth the general rule that if there is a net capital gain for a corporation, then in lieu of other applicable taxes, a tax is imposed consisting of the sum of: (1) a tax computed on the taxable income reduced by the net capital gain, at the rates and in the manner as if this provision had not been enacted; plus (2) a tax of 28 percent of the net capital gain. Provides a special rule for qualified small business gain. Chapter 3: Corporate Alternative Minimum Tax Reform - Revises: (1) depreciation rules used for adjusting the computation of alternative minimum taxable income; and (2) provisions for determining credit for prior minimum tax liability so as to allow long-term unused credits against the minimum tax. Subtitle C: Health Related Provisions - Chapter 1: Long-Term Care Provisions - Subchapter A: Long-Term Care Services and Contracts - Part I: General Provisions - Permits a deduction for qualified long-term care to the same extent as other qualified expenses are allowed for the medical care deduction. Provides the following general rules with respect the treatment of a long-term care insurance contract: (1) it shall be treated as an accident or health insurance contract; (2) any plan of an employer providing coverage of qualified long-term care services shall be treated as an accident or health plan with respect to such services; (3) amounts (other than policyholder dividends or premium refunds) received under such a contract or plan shall be treated as amounts received for personal injuries or sickness and shall be treated as reimbursement for expenses actually incurred for medical care; (4) per diem payments or other periodic payments shall be treated as payments made with respect to qualified long-term care services; and (5) it shall be treated as a guaranteed renewable contract. Defines such a contract, as well as the term long-term care services. Requires reporting by any person paying long-term care benefits. Part II: Consumer Protection Provisions - Requires a long-term care insurance contract to meet the following general requirements: (1) specified model regulation and model Act requirements of the long- term care insurance model regulations and the long-term care insurance model Act promulgated by the National Association of Insurance Commissioners; (2) specified disclosure requirements; and (3) specified nonforfeiture requirements. Imposes a tax of $100 per day per policy on any person failing to meet specified requirements of the model regulations and model Act. Subchapter B: Treatment of Accelerated Death Benefits - Provides, in general, that any amount received under a life insurance contract on the life of a terminally ill individual shall be treated as being paid because of the death of such individual. Subchapter C: Medical Savings Accounts - Permits a deduction as a medical expense of up to $2000 for an individual and up to $4000 for a family for amounts paid into a medical savings account. Excludes employer contributions from the gross income of an employee who is covered by a high deductible health plan. Defines a medical savings account and states, as part of the definition, that any amount paid out of such an account exclusively for qualified medical expenses shall not be included in gross income. Subchapter D: Other Provisions - Increases and provides an inflation adjustment for the death benefit limits, for purposes of the cash value accumulation test of a life insurance contract. Subtitle D: Estate Tax Reform - Excludes from the gross value of certain estates involving a family-owned business the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includable in the estate; or (2) the sum of $1,500,000, plus 50 percent of the excess of the adjusted value of such interests over $1,500,000, but not over $5,000,000. Increases the unified estate and gift tax credit. Provides for a limited exclusion from the value of a gross estate for the election of a qualified conservation easement. Subtitle E: Extension of Expiring Provisions - Chapter 1: Extensions Through February 28, 1997 - Extends provisions concerning the following through February 28, 1997: (1) the work opportunity tax credit; (2) employer-provided educational assistance programs; (3) the research tax credit; (4) employer-provided group legal services; (5) the orphan drug tax credit; (6) contributions of stock to private foundations; and (7) the delay of the scheduled increase in tax on fuel used in commercial aviation. Chapter 2: Extensions of Superfund and Oil Spill Liability Taxes - Extends: (1) the environmental tax until January 1, 1998; (2) the Hazardous Superfund Financing rate until October 1, 2002; and (3) the Oil Spill Liability Trust Fund financing rate until October 1, 2002. Chapter 3: Extensions Relating to Fuel Taxes - Extends the: (1) ethanol blender refund provisions until September 30, 1999; and (2) binding contract date for biomass and coal facilities provisions for one year. Chapter 4: Diesel Dyeing Provisions - Provides an exemption from diesel fuel dyeing requirements for certain States. Prohibits an excise tax, until March 1, 1997, on diesel fuel sold for use or used in diesel powered motor boats. Chapter 5: Treatment of Individuals Who Expatriate - Sets forth the tax responsibilities of an expatriate: (1) who has had an average annual net income tax of more than $100,000 for the five year period ending before expatriation; (2) or whose net worth is $500,000 or more. Provides as a general rule that all property of a covered expatriate shall be treated as sold on the expatriation date for its fair market value. Allows an exclusion from gain of up to $600,000. Permits an expatriate to elect to continue to be taxed as a United States citizen, in which case the provisions applicable to other expatriates will not apply. Sets forth specified reporting requirements for all expatriates. Subtitle F: Taxpayer Bill of Rights 2 Provisions - Authorizes the abatement of interest in the case of an unreasonable error in the performance by the IRS of a ministerial or managerial act. (Currently, such abatement is authorized for an error of a ministerial act.) Grants the Tax Court jurisdiction to determine if the failure of the IRS to abate interest was an abuse of discretion. Permits a joint return to be made after the filing of separate returns without the full payment of taxes shown on the return. Increases from $500 to $50,000 the offers-in-compromise amount for which a written opinion is required from the Office of Chief Counsel. Permits the awarding of litigation costs in declaratory judgment proceedings. Permits the reduction of an award for civil damages for unauthorized collection activities if the court determines that all available administrative remedies have not been exhausted. Includes enrolled agents as third-party recordkeepers. Requires an annual notice to each taxpayer with an outstanding tax delinquency. Subtitle G: Casualty and Involuntary Conversion Provisions - Revises involuntary conversion provisions to provide that if property was acquired as the result of a compulsory or involuntary conversion (as a result of partial or whole destruction through theft, seizure, or requisition or condemnation), the basis shall be the same as in the case of the property so converted: (1) decreased by the amount of any money received which was not expended in accordance with law determining taxable status of any gain or loss upon conversion; or (2) increased in the amount of gain or decreased in the amount of loss recognized upon conversion. Provides that, in the case of a C corporation, certain partnerships owned by one or more C corporations, or any taxpayer with involuntarily converted property with a realized gain of more than $100,000, any replacement property must be acquired from an unrelated person. Provides for the application of involuntary exclusion rules to residentially declared disasters. Subtitle H: Exempt Organizations and Charitable Reforms - Permits tax-exempt foundations and community foundations to establish tax-exempt community service organizations to operate exclusively for charitable purposes. Applies the excise tax on private foundations, except the taxes on investment income and on failure to distribute income, to such organizations. Declares that unrelated trade or business does not include the activity of soliciting and receiving qualified sponsorship payments for purposes of the tax on unrelated business income of charitable and other tax-exempt organizations. Prohibits agricultural or horticultural organization member dues of less than $100 from being treated as unrelated business income. Repeals the credit for contributions to community development corporations. Requires the executor of an estate claiming a charitable deduction for the transfer of a remainder interest to provide a written notice to each charitable beneficiary. Subtitle I: Tax Reform and Other Provisions - Chapter 1: Provisions Relating to Business - Provides, with respect to a corporate shareholder's basis in stock reduced by the nontax portion of extraordinary dividends, that if the nontaxed portion of such dividends exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. Requires the organizer of a corporate tax shelter to register the shelter. Sets forth penalties for failure to file. Prohibits a deduction for interest paid on life insurance policies, endowments, or annuities which cover a company officer or employee. Repeals the Puerto Rico and possessions tax credit for years beginning after December 31, 1995. Revises provisions concerning: (1) the income forecast method of determining depreciation deductions; and (2) transfers of excess pension assets to retiree health accounts. Repeals the exclusion for interest on loans used to acquire employer securities. Chapter 2: Legal Reforms - Specifies that the exclusion from income of damages for personal injuries or sickness does not include punitive damages. Chapter 3: Reforms Relating to Nonrecognition Provisions - Prohibits the nonrecognition of gain on the sale of a principal residence: (1) which is attributable to depreciation adjustments; or (2) unless the replacement property is located in the U.S. Chapter 4: Excise Tax and Tax-Exempt Bond Provisions - Repeals the diesel fuel tax rebate to purchasers of diesel-powered automobiles and light trucks. Repeals the wine and flavors content credit. Prohibits the imposition of the ozone depleting chemicals tax on any halon imported from any country which is a signatory to the Montreal Protocol on Substances that Deplete the Ozone Layer. Revises provisions concerning exempt facilities bond penalties to allow an election, as specified, to avoid such penalties for certain local furnishers of electricity and gas. Sets forth a special provision concerning the financing of the Snettisham hydroelectric project in Alaska. Chapter 5: Foreign Trust Tax Compliance - Revises the requirements regarding information that must be reported regarding certain foreign trusts. Modifies the circumstances (with regard to foreign trusts having one or more U.S. beneficiaries) in which a transferor is treated as the owner. Replaces provisions setting forth a special rule applicable to foreign grantors with provisions declaring that provisions relating to treating grantors and others as substantial owners shall apply only when that application results in an amount being currently taken into account in computing the income of a U.S. citizen or resident or a domestic corporation. Requires a United States person to report information regarding foreign gifts or bequests when the gifts' aggregate value during a taxable year exceeds $10,000. Modifies requirements regarding the interest charge on accumulation distributions from foreign trusts. Changes the circumstances in which an estate or trust is included in the definition of "United States person." Modifies the definition of "foreign estate or trust." Requires (for provisions relating to the imposition of a tax on transfers to avoid income tax) treating a trust which is not a foreign trust and which becomes a foreign trust as having transferred, immediately before becoming a foreign trust, all of its assets to a foreign trust. Chapter 6: Financial Assets Securitization Investments - Treats a Financial Asset Securitization Investment Trust (FASIT) as a partnership and prohibits its treatment as a taxable mortgage pool. Requires, for purposes of determining the tax of any holder of a regular interest in a fasit, that such interest be treated: (1) if not otherwise a debt instrument, as a debt instrument; and (2) for purposes of the treatment of worthless securities, as issued by a corporation. Requires, for purposes the tax of the holder of the ownership interest in a FASIT, that such tax shall be determined as if: (1)such holder were a partner in such FASIT; and (2) such FASIT had filed an election under provisions determining the manner of electing an optional adjustment to the basis of partnership property. Declares that: (1) the taxable income of the holder of the ownership interest or high-yield interest in a FASIT for any taxable year shall in no event be less than such holder's taxable income determined solely with respect to such interests; and (2) if any high-yield interest is held by a disqualified holder, the provisions of chapter 1 (Normal Taxes and Surtaxes) shall be applied as if the transferor of such interest to such holder had not transferred such interest. Chapter 7: Depreciation Provisions - Amends provisions concerning the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility which provides water or sewage disposal services that: (1) is a contribution in aid of construction; (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as service charges for starting or stopping services. Determines the depreciation deduction for such property by using the straight line method and provides for a 25-year recovery period. Revises provisions concerning: (1) the deduction for certain operating authority; and (2) the class life for gas station convenience stores and similar structures. Chapter 8: Other Provisions - Provides for the application of the failure-to-pay penalty to returns prepared by the Secretary. Requires withholding from bingo and keno winnings. Provides that in the case of any loss arising from the sale or exchange of foreclosure property which is treated as a capital loss: (1) only 15 percent of the amount of such loss shall be treated as a capital loss; and (2) the remainder shall be treated as a loss from the sale or exchange of real property used in carrying on an insurance business which is recognized ratably over a ten year period. Revises provisions concerning coal industry health benefit plans shortfalls and surpluses. Includes newspaper distributors in the definition of the term direct seller. Provides nonrecognition treatment for certain transfers by common trust funds to regulated investment trusts. Provides for the treatment of: (1) certain insurance contracts on retired lives; and (2) modified guaranteed contracts. Subtitle J: Pension Simplification - Chapter 1: General Provisions - Subchapter A: Simplification of Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner, has compensation from the employer in excess of $80,000, or was the most highly compensated officer of the employer. Provides a special rule where no employees meet those criteria. Defines "participant's compensation" and "compensation" for purposes of specified provisions. Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. Modifies the two-part nondiscrimination test for elective contributions under cash or deferred arrangements by permitting the average deferral percentage for nonhighly compensated employees for the preceding year to be used in determining the permitted average deferral percentage for highly compensated employees for the current year. Subchapter B: Simplified Distribution Rules - Repeals: (1) the $5,000 limitation on the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions. Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. Subchapter C: Targeted Access to Pension Plans for Small Employers - Allows a current year business credit for small employer pension plan qualified start-up costs. Prohibits treating a cash or deferred arrangement as qualified if it is part of a plan maintained by a State or local government or subdivision or a tax-exempt organization described in Internal Revenue Code section 501(c)(3). (Current law applies that prohibition to all tax-exempt organizations, not just to 501(c)(3) tax-exempt organizations.) Subchapter D: Paperwork Reduction - Specifies a limitation, for years beginning after December 31, 1998, concerning a defined benefit plan and a defined contribution plan for the same employee. Subtitle E: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Establishes a contribution limit for owner-employees of retirement plans. Eliminates the special vesting rule for multiemployer plans. Amends minimum funding standards provisions to provide for the treatment of multiemployer plans with regard to full funding limitation provisions and valuation provisions. Modifies the treatment of governmental plans with respect to limits on contributions and benefits. Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. Provides for the application of participant's compensation provisions to permanently and totally disabled participants when a defined contribution plan provides for the continuation of contributions on behalf of all such disabled participants for a fixed or determinable period. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants on the basis of hardship or after attainment of age 59 1/2. Treats certain retirement incentive payments for tenured faculty as not providing for the deferral of compensation. Makes the social security retirement age the uniform retirement age for purposes of discrimination testing. Doubles from five to ten percent the tax on prohibited transactions. Amends the Revenue Act of 1987 to extend, for two years, IRS user fee provisions. Chapter 2: Church Fees - Recodifies and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
Bill· SS. 1351 (104th)referred
United States · United States Congress · 20 October 1995
Charitable Medical Care Act of 1995 - Exempts health care professionals from liability for negligence in the provision of health care services without charge in a free medical clinic, except in cases of gross negligence or willful misconduct. Makes this Act applicable only if such professional, before furnishing the service: (1) agrees to furnish such service voluntarily and without charge to the recipient or to any health insurance plan or program under which the recipient is covered; and (2) provides the recipient with adequate notice, as determined by the Secretary of Health and Human Services, of the professional's limited liability for that service. Preempts any inconsistent State law. Specifies that this Act shall not preempt any State law that provides greater incentives or protections to a health care professional rendering such service.
Bill· HRH.R. 2517 (104th)referred
United States · United States Congress · 20 October 1995
TABLE OF CONTENTS: Title I: Committee on Agriculture Subtitle A: Freedom to Farm Subtitle B: Dairy Subtitle C: Other Commodities Subtitle D: Miscellaneous Program Changes Subtitle E: Commission on 21st Century Production Agriculture Title II: Committee on Banking and Financial Services Subtitle A: Housing Provisions Subtitle B: Thrift Charter Conversion Subtitle C: Community Reinvestment Act Amendments Subtitle D: Phase-Down of Oversight Board Title III: Committee on Commerce Subtitle A: Communications Subtitle B: Nuclear Regulatory Commission Annual Charge Subtitle C: United States Enrichment Corporation Subtitle D: Waste Isolation Pilot Project Subtitle E: Strategic Petroleum Reserve Title IV: Committee on Economic and Educational Opportunities Subtitle A: Higher Education Subtitle B: Service Contract Repeal Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 Title V: Committee on Government Reform and Oversight Title VI: Committee on International Relations Subtitle A: Recovery of Costs of Certain Health Care Services Subtitle B: Enactment into Law of Division A of H.R. 1561 Subtitle C: Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 Title VII: Committee on the Judiciary Title VIII: Committee on National Security Subtitle A: Military Retired Pay Subtitle B: Naval Petroleum Reserves Subtitle C: National Defense Stockpile Title IX: Committee on Resources Subtitle A: Alaska and Helium Privatization Subtitle B: Water and Power Subtitle C: National Parks, Forests, and Public Lands Subtitle D: Territories Subtitle E: Minerals Subtitle F: Indian Gaming Subtitle G: Consultation Subtitle H: Mapping Title X: Committee on Transportation and Infrastructure Subtitle A: Water Resources Subtitle B: Ocean Shipping Reform Subtitle C: Midewin National Tallgrass Prairie Subtitle D: Miscellaneous Provisions Title XI: Committee on Veterans' Affairs Subtitle A: Extension of Temporary Authorization Subtitle B: Other Matters Subtitle C: Health Care Eligibility Reform Title XII: Trade Subtitle A: Technical Corrections and Miscellaneous Trade Provisions Subtitle B: Generalized System of Preferences Subtitle C: Trade Adjustment Assistance Title XIII: Committee on Ways and Means-Revenue Reconciliation Subtitle A: Extension of Expiring Provisions, Etc. Subtitle B: Medical Savings Accounts Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 Subtitle D: Additional Technical Corrections Subtitle E: Tax Information Sharing Subtitle F: Revenue Increases Subtitle G: Reform of the Earned Income Tax Credit Subtitle H: Increase in Public Debt Limit Subtitle I: Coal Industry Retiree Health Equity Title XIV: Committee on Ways and Means-Tax Simplification Subtitle A: Provisions Relating to Individuals Subtitle B: Pension Simplification Subtitle C: Treatment of Large Partnerships Subtitle D: Foreign Provisions Subtitle E: Other Income Tax Provisions Subtitle F: Estates and Trusts Subtitle G: Excise Tax Simplification Subtitle H: Administrative Provisions Title XV: Preserving, Protecting, and Strengthening Medicare Title XVI: Transformation of the Medicaid Program Title XVII: Abolishment of Department of Commerce Subtitle A: Abolishment of Department of Commerce Subtitle B: Disposition of Various Programs, Functions, and Agencies of Department of Commerce Subtitle C: Office of United States Trade Representative Subtitle D: Patent and Trademark Office Corporation Subtitle E: Miscellaneous Provisions Title XVIII: Welfare Reform Title XIX: Contract with America-Tax Relief Title XX: Budget Enforcement Seven-Year Balanced Budget Reconciliation Act of 1995 - Title I: Committee on Agriculture - Agricultural Reconciliation Act of 1995 - Subtitle A: Freedom to Farm - Freedom to Farm Act of 1995 - Amends the Agricultural Act of 1949 (Act) to direct the Secretary of Agriculture (Secretary) to offer seven-year market transition contracts for cropland compliance with conservation and wetland requirements. (Sec. 1103) Makes nonrecourse marketing assistance loans available through crop year 2002 for wheat, feed grains, upland cotton, extra long staple cotton, rice, and oilseeds. (Sec. 1104) Amends the Food Security Act of 1985 to revise certain agricultural program payment limitations relating to individual attribution of payments to corporations. Permits the use of social security and employer identification numbers for such purposes. Subtitle B: Dairy - Chapter 1: Authorization of Marketing Transition Payments in Lieu of Milk Price Support Program - Amends the Act to direct the Secretary to offer seven-year market transition contracts (in lieu of price supports) to milk producers for compliance with animal waste and wetland requirements. (Sec. 1202) Makes recourse loans available to commercial processors of dairy products. Chapter 2: Dairy Export Programs - Amends the Food Security Act of 1985 with regard to the dairy export incentive program, including maximum levels of Commodity Credit Corporation assistance. (Sec. 1212) Directs the Secretary to assist the dairy industry to establish and maintain an export trading company, or alternatively, to identify another nongovernmental entity for such purpose under specified circumstances. (Sec. 1214) Directs the Secretary to study the potential impact on the U.S. dairy industry of additional cheese granted U.S. access under the Uruguay Round on Prices. Chapter 3: Dairy Promotion Programs - Amends the Fluid Milk Promotion Act of 1990 to extend fluid milk marketing order authority. (Sec. 1222) Amends the Dairy Production Stabilization Act of 1983 to include imported dairy products under the dairy promotion program. Increases National Dairy Promotion and Research Board membership. Obligates funds for international market development. Chapter 4: Verification of Milk Receipts - Amends the Act to establish a milk receipts verification program (which shall replace certain milk marketing orders). Chapter 5: Miscellaneous Provisions Related to Dairy - Amends the Act to extend dairy product transfer authority for military and veterans hospitals. (Sec. 1242) Amends Federal law to extend the dairy indemnity program. Subtitle C: Other Commodities - Amends the Act and the Agricultural Adjustment Act of 1938 to extend and revise peanut price support and quota programs. (Sec. 1302) Amends the Act to provide loans (recourse or nonrecourse depending upon sugar tariff levels) for sugarcane and sugar beet processors. Amends the Agricultural Adjustment Act of 1938 to repeal sugar marketing quota and allotment provisions. (Sec. 1303) Amends the Disaster Assistance Act of 1988 to repeal cottonseed price support authority. Subtitle D: Miscellaneous Program Changes - Amends the Emergency Livestock Feed Assistance Act of 1988 to prohibit emergency livestock feed assistance if crop insurance or crop disaster assistance is available. (Sec. 1402) Amends the Food Security Act of 1985 with regard to the conservation reserve program to: (1) reduce and limit acreage enrollments; (2) authorize optional contract termination by producers; and (3) limit rental rates. (Sec. 1403) Amends the Federal Crop Insurance Act to permit a producer to decline catastrophic risk protection for a specified crop and continue to maintain eligibility for other specified agricultural program benefits. Amends the Department of Agriculture Reorganization Act of 1994 to establish an Office of Risk Management to supervise the Federal Crop Insurance Corporation. (Sec. 1404) Amends the Act to repeal the farmer owned reserve program. (Sec. 1405) Amends the Agricultural Trade Act of 1978 to extend export enhancement program funding. (Sec. 1406) Directs the Secretary to establish the Business Interruption Insurance Program to cover agricultural crop producer revenue losses. Subtitle E: Commission on 21st Century Production Agriculture - Establishes the Commission on 21st Century Production Agriculture which shall assess: (1) the changes in U.S. production agriculture resulting from this Act; and (2) the current and future condition of U.S. production agriculture and the appropriate agricultural role of the Government. Terminates the Commission upon submission of a required report. Title II: Committee on Banking and Financial Services - Subtitle A: Housing Provisions - Amends the Federal Home Loan Bank Act to terminate the Resolution Trust Corporation and Federal Deposit Insurance Corporation affordable housing programs and transfer remaining authority to the Department of Housing and Urban Development. Amends the National Housing Act to authorize foreclosure avoidance and mortgagee assistance. Amends the Housing and Community Development Amendments of 1978 with regard to the multifamily property disposition program. Amends the Housing Act of 1949 to provide for rural housing loan subsidy recapture upon loan repayment. Amends the Housing Act of 1937 to reduce the section 8 annual adjustment factors for units with no tenant turnover. Subtitle B: Thrift Charter Conversion - Thrift Charter Conversion Act of 1995 - Chapter 1: Bank Insurance Fund and Savings Association Insurance Fund - Amends the Federal Deposit Insurance Act (FDIA) to prescribe guidelines for the imposition of a single additional special assessment on each member of the Savings Association Insurance Fund (SAIF) and the Bank Insurance Fund (BIF), for deposit into the SAIF. (Sec. 2202) Amends the Federal Home Loan Bank Act to make conforming amendments to the assessment authority of the Financing Corporation (FICO), extending FICO assessments to all depository institutions insured by the Federal Deposit Insurance Corporation (FDIC). Amends the FDIA to declare that assessment rates for SAIF members may not be less than assessment rates for BIF members. Amends the FDIA to: (1) repeal its exit moratorium and conversion (Oakar) provisions; (2) replace the BIF with a deposit insurance fund initially consisting of the merged assets and liabilities of the BIF and SAIF; (3) direct the FDIC to merge the BIF and SAIF into the deposit insurance fund on January 1, 1998; and (4) establish in the new deposit insurance fund a special emergency reserve. (Sec. 2204) Prescribes procedural guidelines with respect to the refund of amounts in a deposit insurance fund in excess of the designated reserve amount. (Sec. 2205) Prohibits the FDIC Board of Directors from setting semi-annual assessments in excess of the amount needed to maintain or achieve the designated reserve ratio of a deposit insurance fund. Chapter 2: Status of Banks and Savings Associations - Prescribes procedural guidelines for the termination of Federal savings association charters and their conversion into national bank charters or State depository institution charters. Prohibits the Director of the Office of Thrift Supervision from granting any charter for a Federal savings association. Amends the FDIA to treat State Savings Associations as banks for purposes of Federal banking law. (Sec. 2222) Amends the Bank Holding Company Act of 1956 to permit continuation of grandfathered bank holding company activities and affiliations. (Sec. 2223) Sets forth transition provisions for: (1) activities of savings associations and mutual savings associations which have converted into or become treated as banks (including mutual national banks); and (2) registration of bank holding companies resulting from conversions of savings associations to banks or treatment of savings associations as banks. (Sec. 2228) Repeals the Home Owners' Loan Act. Chapter 3: Transfer of Functions, Personnel, and Property - Abolishes the Office of Thrift Supervision and the position of Director of such Office. Transfers its functions, personnel, and property to the Office of the Comptroller of the Currency, the FDIC, or the Board of Governors of the Federal Reserve System. Subtitle C: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent to prohibit a supervisory agency from imposing additional burden, recordkeeping, or reporting when examining financial institutions. (Sec. 2302) Exempts a regulated financial institution from CRA evaluation requirements if: (1) the institution and its parent bank holding company have aggregate assets of not more than $100 million; and (2) it publicizes its services to local low- and moderate-income neighborhoods. (Sec. 2303) Permits qualifying financial institutions to self-certify compliance with CRA requirements. Prohibits a Federal regulatory agency from imposing additional self-certification requirements. (Sec. 2304) Adds provisions for community input and conclusive rating, including: (1) requirements for publication of exam schedule; (2) opportunity for comment and evaluation by the appropriate Federal financial supervisory agency; and (3) procedures for requests for rating reconsideration. (Sec. 2305) Mandates that, in conducting assessments of financial institutions, the appropriate Federal regulatory agency: (1) consider the nature of the business of special purpose financial institutions; (2) assess and take into account the institution's record commensurate with the amount of deposits it has received; and (3) develop standards under which they may be deemed to be in compliance with CRA requirements consistent with the specific nature of such businesses. Defines a "special purpose institution" as one that does not generally accept retail deposits from the public in amounts of less than $100,000, such as wholesale, credit card, and trust institution. (Sec. 2306) Requires the appropriate Federal financial supervisory agency, in assessing and taking into account the records of a regulated financial institution for purposes of CRA compliance, to consider as a positive factor, consistent with safe and sound operation of the institution, its investments in or loans to: (1) minority or women's depository institutions, or low-income credit unions; and (2) joint ventures, entities, or projects providing benefits to distressed communities (regardless of whether the recipient institutions or communities are located within the regulated financial institution's chartered service area). (Sec. 2307) Prohibits additional CRA recordkeeping and loan data collection requirements. (Sec. 2309) Amends the Federal Home Loan Bank Act to exempt from certain reporting requirements members which receive a CRA rating of outstanding or satisfactory. (Sec. 2310) Expresses the sense of the Congress that congressional committees should exercise aggressive oversight of the adoption and implementation of any CRA regulation by a Federal supervisory agency. Requires such an agency to report to the Congress on the implementation of all CRA regulations. (Sec. 2311) Amends the FDIA to direct each Federal banking agency to ensure that its banking examiners consult on examination activities and resolve any inconsistent recommendations given to a depository institution. (Sec. 2312) Amends the CRA to prohibit a Federal agency from prescribing any regulation which would: (1) require a financial institution to make any loan or enter into any agreement on the basis of any discriminatory criteria prohibited under Federal law; (2) make any loan to, or enter into any other agreement with, an uncreditworthy person that would jeopardize the institution's safety and soundness; or (3) hinder the institution's full responsibility to provide credit to all community segments. Subtitle D: Phase-Down of Oversight Board - Amends the Federal Home Loan Bank Act to terminate the authority of the Thrift Depositor Protection Oversight Board to employ staff. Title III: Committee on Commerce - Subtitle A: Communications - Chapter 1: Spectrum Auctions - Amends the Communications Act of 1934 (the Act) to state that certain competitive bidding requirements shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC): (1) that, as the result of the FCC carrying out specified obligations, are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital television (TV) services assigned by the FCC to existing terrestrial broadcast licensees to replace their current TV licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits. Requires the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) as of this Act's enactment date, have not been designated by FCC regulation for assignment or identified by the Secretary of Commerce pursuant to provisions of the National Telecommunications and Information Administration Organization Act (NTIAO Act). Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2000. Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication and the needs of public safety radio services; and (3) comply with the requirements of international agreements concerning spectrum allocations. Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and that are allocated for Federal Government use but that could be reallocated pursuant to the NTIAO Act. Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to this Act, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Federal Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice. Requires the FCC to commence the Broadband Personal Communications Services C-Block auction (described in the FCC's Sixth Report and Order) not later than December 4, 1995. Ratifies and adopts the FCC's competitive bidding rules governing such auction. Sets forth or revises provisions regarding: (1) modification of auction policy to preserve the auction value of the spectrum; (2) identification and reallocation of auctionable frequencies; and (3) allocation and assignment of frequencies identified in the second reallocation report. Chapter 2: Federal Communications Commission Authorization - Federal Communications Commission Authorization Act of 1995 - Amends the Act to authorize appropriations for the FCC for FY 1996. Derives a portion of the sum of such appropriations in each fiscal year from an amount determined by the establishment and adjustment of application and regulatory fees under the Act. Directs the FCC to submit to the appropriate congressional committees and publish in the Federal Register semiannual reports specifying the reimbursements which the FCC has accepted from non- Federal sources for travel and related expenses of FCC employees. Amends the Federal Communications Commission Authorization Act of 1988 to authorize the FCC, during FY 1996, to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated under the Older Americans Act. (Sec. 3013) Amends the Act to direct the FCC, for FY 1996 and thereafter, to modify the application fees so that total collections for the fiscal year equal $40 million plus the amount of necessary expenses for costs related to application processing which exceeds $40 million. Directs the FCC to notify the Congress of any proposed and adopted modifications. Requires $40 million from FCC application fees to be deposited into the Treasury and used for application processing and related expenses of the FCC. Revises the schedule of application fees for personal communications services and amateur vanity call signs under the Act. Specifies that moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out FCC functions. (Sec. 3014) Sets forth or revises provisions regarding: (1) recovery of executive and legal costs incurred by the FCC; (2) establishment and adjustment of fees; (3) regulatory fees for satellite TV operations; and (4) governmental entities use for common carrier purposes. Directs the FCC to: (1) develop accounting systems for making adjustments authorized by the Act; and (2) annually prepare and submit to the Congress an analysis of such systems and afford interested persons the opportunity to submit comments concerning the allocation of costs, as well as the application and regulatory fee adjustments. (Sec. 3015) Authorizes the FCC to: (1) designate an entity to make inspections of ship radio stations; and (2) require such inspections annually, with an authorized waiver under limited circumstances. (Sec. 3016) Sets forth provisions regarding: (1) expedited Instructional Television Fixed Service processing; (2) tariff rejection authority; (3) refund authority; (4) licensing of aviation, maritime, and personal radio services by rule; (5) forfeitures for violations imperiling safety of life; (6) the use of experts and consultants; and (7) the statute of limitations for forfeiture proceedings against common carriers. (Sec. 3024) Directs the FCC to report to the Congress on the existing and future use of the FM band to facilitate the use of auditory assistive devices for individuals with hearing impairments. Subtitle B: Nuclear Regulatory Commission Annual Charge - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from September 30, 1998, to September 30, 2002, the authority of the Nuclear Regulatory Commission to annually assess and collect user fees and charges. Subtitle C: United States Enrichment Corporation - USEC Privatization Act - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing). (Sec. 3038) Revises employee protection guidelines at the two gaseous diffusion plants of the U.S. Enrichment Corporation (USEC). Declares that privatization shall not diminish the accrued, vested pension benefits of the Corporation's operating contractor. Requires transfer of all plan assets and liabilities to a pension plan sponsored by the new contractor or the private corporation, as the case may be. Requires the Department of Energy (DOE) and the private corporation to continue to fund post-retirement health benefits for persons employed by an operating contractor at either of the gaseous diffusion plants at substantially the same level of coverage as eligible retirees are entitled to receive on the privatization date, subject to specified cost-saving measures and certain eligibility limitations. (Sec. 3039) Terminates USEC's status as the exclusive marketing agent for the United States for entering into contracts for providing enriched uranium and uranium enrichment and related services. Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term. States that USEC shall establish prices for its products, materials, and services on a profitmaking basis. Prescribes guidelines under which DOE shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste. States that as of the privatization date all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization date shall be direct liabilities of, and judgments against, the United States. Prescribes procedural guidelines for the U.S. Executive Agent under the Russian HEU Agreement to transfer without charge to the Secretary of Energy for subsequent sale an amount of uranium hexaflouride equivalent to the natural uranium component of low- enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent. (Sec. 3040) Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Prohibits the Secretary from allowing the privatization of USEC by means of a public offering unless the Secretary determines that the estimated gross proceeds from the USEC sale will be an adequate amount. Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of public offering. Terminates any USEC license if privatization results in its being owned, controlled or dominated by a foreign entity or otherwise inimical to the security of the United States. Precludes USEC from implementing the privatization plan less than 60 days after the date that the Comptroller General presents an evaluation of the plan to the Congress. (Sec. 3041) Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. (Sec. 3042) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment. Subtitle D: Waste Isolation Pilot Project - Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act to repeal: (1) the mandate for the test phase and retrieval plan and the authority of the Secretary of Energy to conduct test phase activities; (2) limitations placed upon the quantity of waste that may be transported; (3) the proscription against transportation or emplacement of remote-handled transuranic waste at the Waste Isolation Pilot Plant (WIPP) project; (4) the WIPP requirements for commencement of transuranic waste disposal operations; (5) specified certification requirements with respect to WIPP compliance with Environmental Protection Agency (EPA) disposal regulations; (6) certain remedies for noncompliance with EPA certification requirements; (7) periodic EPA recertification (providing for periodic EPA review and comment only); and (8) the mandate for engineered and natural barriers and waste form modifications to isolate transuranic waste after disposal. (Sec. 3051) Exempts transuranic mixed waste earmarked for WIPP disposal from specified land disposal restrictions. States that a no migration variance is not required for its disposal at WIPP. Repeals the mandate for: (1) determination of noncompliance with EPA requirements for test, disposal and decommissioning phase activities; (2) retrievability of transuranic waste if WIPP violates final EPA disposal regulations; and (3) a plan for the decommissioning of WIPP. (Sec. 3055) Authorizes WIPP to receive transuranic waste from the Secretary of Energy from a non-defense activity. Subtitle E: Strategic Petroleum Reserve - Amends the Energy Policy and Conservation Act to prescribe procedural guidelines under which the Secretary of Energy is authorized to store in underutilized Strategic Petroleum Reserve facilities petroleum owned by a foreign government or its representative. Title IV: Committee on Economic and Educational Opportunities - Subtitle A: Higher Education - Higher Education Program Efficiency Act of 1995 - Amends student aid provisions of the Higher Education Act of 1965 (HEA) to terminate program authority, funding, and authority to enter into new agreements for the William D. Ford Federal Direct Loan Program. Revises provisions for funds for administrative expenses. (Sec. 4003) Eliminates certain grace period interest subsidies for new student loans. (Sec. 4004) Revises the parent loan (Federal PLUS loans) program to: (1) set a $15,000 maximum limitation on the amount parents may borrow for one student in any academic year; (2) require each holder of a PLUS loan to pay biannual rebates of interest subsidies to the Secretary of Education; and (3) raise interest rates on PLUS loans. (Sec. 4005) Requires a loan transfer fee to be paid by the transferee to the Secretary. (Sec. 4006) Requires the originating lender to remit a fee to the guarantee agency. (Sec. 4007) Revises HEA student aid provisions relating to: (1) reserve funds; (2) the free Federal application for student loans, in an electronic or other format; (3) Federal interest subsidies; (4) a reinsurance percentage; (5) loan fees from lenders; and (6) an audit exemption for small lenders. Excludes loans made or held as a trustee or in a trust capacity for the benefit of a third party from consideration in determining whether the making or holding of loans to students and parents is the primary consumer credit function of the eligible lender. Includes as an eligible lender under the student loan insurance program a wholly-owned subsidiary company which, as of the enactment of this Act, perform as a finance company and participates in the authorized program pursuant to specified provisions. (Sec. 4008) Requires guarantee agencies to use at least 50 percent of their reserve funds to purchase and hold defaulted loans that they guarantee and for which insurance claims are filed by the eligible lender, with specified exceptions. (Sec. 4009) Extends the period for which a guaranty agency is required to hold a defaulted loan under certain conditions. Provides for the new extended holding period program with respect to subject loans, excluded loans, and guaranty agency efforts during such period. Prohibits the Secretary from regulating the collection activities of a guaranty agency with respect to any loan which is subject to such extended holding period and for which reinsurance has not been paid. (Sec. 4010) Provides for the privatization and renaming of the College Construction Loan Insurance Association, and the cessation of Federal sponsorship. Repeals provisions for such Association under HEA. (Sec. 4011) Revises, for purposes of the definition of proprietary institution, provisions relating to consideration of revenues from sources that are not derived from funds under HEA student aid provisions. (Sec. 4012) Extends the duration of the Federal student loan insurance program. Terminates the authority to make Federal consolidation loans as of the end of FY 2002. Subtitle B: Service Contract Repeal - Repeals the Service Contract Act of 1965. Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 - Provides that, for certain purposes under the Employee Retirement Income Security Act of 1974 (ERISA), a prescribed minimum period for a joint and survivor annuity explanation before the annuity starting date shall not apply if waived by the participant and, if applicable, the participant's spouse. Title V: Committee on Government Reform and Oversight - Provides under the Omnibus Budget Reconciliation Act of 1993 for an extension of the delay in cost-of-living adjustments in Federal employee retirement benefits through FY 2002. (Sec. 5002) Amends Federal civil service law to revise the Civil Service (CSRS) and Federal Employees' (FERS) Retirement Systems with respect to deductions, contributions, and deposits, among other changes: (1) increasing agency contributions under CSRS during calendar years 1996 through 2002; (2) providing for a phased-in increase under both systems of the amounts of individual deductions, deposits, and withholdings until 2003 when the percentage of basic pay subject to such withholding generally reverts back to the current 1995 rate, except with regard to congressional employees and Members of Congress; and (3) providing additional retirement-related changes under both systems with regard to congressional employees and Members of Congress and their years of service for purposes of computing an annuity. Continues the current computation formula for annuities of the Capitol Police, notwithstanding the amendments of this title. (Sec. 5004) Establishes a legislative branch Federal Employees Retirement Security Commission to study the financial soundness of, and other related issues pertaining to, the retirement systems for Government employees and members of the uniformed services, for a report with appropriate recommendations to the Congress. (Sec. 5005) Makes technical amendments regarding the U.S. Postal Service, with changes repealing the authorization of transitional appropriations. (Sec. 5006) Repeals provisions under the Stewart B. McKinney Homeless Assistance Act pertaining to the availability of surplus property for homeless assistance. Title VI: Committee on International Relations - Subtitle A: Recovery of Costs of Certain Health Care Services - Amends the Foreign Assistance Act of 1980 to include under the State Department health care program for coverage abroad any other persons designated by the Secretary of State in addition to Foreign Service members, other Federal employees abroad, and their families. Authorizes the Secretary of State, under such program, to collect from a third party payer the reasonable costs incurred by the Department on behalf of covered beneficiaries (excluding such additional program the reasonable costs of such services incurred by the Department on the person's behalf. Secretary-designated persons) for health care services to the same extent that such a beneficiary would be eligible to receive indemnification from the third party payer for such costs. (Sec. 6001) Authorizes the Secretary of State to collect from a non-covered person (including such additional Secretary-designated persons) who receives health care services under such program the reasonable costs of such services incurred by the Department on the person's behalf. Subtitle B: Enactment Into Law Of Division A of H.R. 1561 - Enacts into law Division A of H.R. 1561, as passed the House of Representatives on June 8, 1995 (relating to consolidation of foreign affairs agencies). Subtitle C: Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Part 1: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state. (Sec. 6212) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. Amends the Trading With the Enemy Act to exempt from its civil penalties: (1) news gathering, research, or the export or import of, or transmission of, information or informational materials; and (2) clearly defined educational or religious activities, or activities of recognized human rights organizations, that are reasonably limited in frequency, duration, and number of participants. Amends the Cuban Democracy Act of 1992, with respect to sanctions against a country that provides assistance to Cuba, to include as such assistance any exchange, reduction, or forgiveness of Cuban debt owed to such country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba or of a Cuban national (debt-for-equity swap). (Sec. 6213) Prohibits any U.S. national, permanent resident alien, or U.S. agency from knowingly extending any loan or other financing to a foreign national, U.S. national, or permanent resident alien, in order to finance transactions involving property confiscated by the Cuban Government the claim to which is owned by a U.S. national. Terminates such prohibition upon termination of the economic embargo of Cuba. Sets forth penalties for violation of such prohibition. (Sec. 6214) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until the President determines that a transition government is in power in Cuba. Urges the President to support Cuba's membership in such institutions during the period that a transition government is in power subject to the membership taking effect at such time as the President deems most likely to facilitate the transition to a democratically-elected government there. Requires the Secretary of the Treasury to withhold U.S. payments from institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 6215) Urges the President to instruct the U.S. Permanent Representative to the Organization of American States (OAS) to vote to oppose ending the suspension of Cuba from the OAS until the President determines that a democratically elected government is in power there. (Sec. 6216) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Expresses strong disapproval of Russia's extension of credits in support of the intelligence facility at Lourdes, Cuba, in November 1994. Withholds from assistance provided for an independent state an amount equal to the assistance and credits provided by such state in support of intelligence facilities in Cuba, particularly the one at Lourdes. Authorizes the President to waive the requirement to withhold such assistance if specified conditions are met. (Sec. 6217) Requires the Director of the U.S. Information Agency to convert television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. Repeals the Television Broadcasting to Cuba Act and the Radio Broadcasting to Cuba Act upon the presidential determination that a democratically elected government is in power in Cuba. (Sec. 6218) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries. (Sec. 6219) Authorizes the President to furnish assistance to individuals and independent nongovernmental organizations to support democracy-building efforts for Cuba. Directs the President to take steps to encourage the OAS to create a special emergency fund for the purpose of deploying human rights observers, election support, and election observation in Cuba. Urges the President to instruct the U.S. Permanent Representative to the OAS to encourage other OAS member states to join in calling for the Cuban Government to allow the immediate deployment of independent OAS human rights monitors throughout Cuba and on-site visits to Cuba by the Inter-American Commission on Human Rights. Urges the President to provide not less than $5 million of the U.S. voluntary contribution to the OAS for the purposes of the special fund. (Sec. 6220) Directs the President to withhold the allocation of assistance, with specified exceptions, for any country in an amount equal to the sum of assistance and credits, if any, provided by such country in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba. (Sec. 6221) Directs the President to instruct all U.S. Government officials who engage in official conduct with the Cuban Government to raise on a regular basis the extradition of or rendering to the United States of all persons residing in Cuba who are sought by the U.S. Department of Justice for crimes committed in the United States. Part 2: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, assistance that is essential to the successful completion of the transition to democracy, remittances by individuals to their relatives of cash or goods, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 6232) Requires the President to take steps to obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba. Requires the President, following transmittal to the Congress of a determination that a democratically elected government is in power, to submit to the appropriate congressional committees a report that describes: (1) acts, policies, and practices that constitute significant barriers to, or distortions of, U.S. trade in goods or services or foreign direct investment with respect to Cuba; (2) U.S. policy objectives regarding trade relations with a democratically elected government in Cuba; (3) specific U.S. trade negotiating objectives with Cuba; and (4) actions proposed to be undertaken to achieve any of such policy and negotiating objectives. (Sec. 6233) Requires the President, upon determining than a democratically-elected government is in power in Cuba, to designate a United States-Cuba Council to: (1) ensure coordination between the U.S. Government and the private sector in responding to change and promoting market-based development in Cuba; and (2) establish periodic meetings between the U.S. and Cuban private sectors for the purpose of facilitating bilateral trade. (Sec. 6234) Authorizes the President to suspend the U.S. economic embargo against Cuba upon determining to the appropriate congressional committees that a democratically-elected government is in power in Cuba. Requires the President to notify the Congress of any action taken to suspend such embargo. Declares that such suspension shall cease to be effective upon enactment of a joint resolution disapproving such action. (Sec. 6235) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Part 3: Protection of Property Rights of United States Nationals Against Confiscatory Takings By the Castro Regime - Makes any person, including any agency or instrumentality of a foreign state, that traffics in confiscated property liable for money damages to any U.S. national who owns the claim to such property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 6253) Requires district courts to accept as conclusive proof of ownership a certification of a claim to ownership that has been made by the Foreign Claims Settlement Commission pursuant to the International Claims Settlement Act of 1949. Amends such Act to authorize district courts, for fact-finding purposes, to refer to the Commission questions of the amount and ownership of a claim by a U.S. national resulting from the confiscation of property by Cuba, whether or not the U.S. national qualifies as such at the time of the confiscation. (Sec. 6254) Bars certain ineligible U.S. nationals, or Cuban nationals, from having a claim in the compensation paid to a U.S. national by virtue of a claim certified by the Commission. Part 4: Exclusion of Certain Aliens - Directs the Secretary of State to exclude from the United States aliens (or their spouses, minor children, or agents) involved in the confiscation of property, or the trafficking in confiscated property, owned by a U.S. national. Provides for case-by-case waiver of this exclusion in the national interest of the United States. Title VII: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend provisions regarding surcharges on patent and trademark fees through FY 2002. Specifies patent and trademark user fee amounts to be collected through establishment of surcharges for FY 1999 through 2002. Amends Federal law to require that a surcharge of 40 percent be added to each civil monetary penalty at the time it is assessed by the United States. Specifies that payments relating to a civil monetary penalty shall be applied, in the following order, to: (1) costs; (2) principal; (3) civil monetary penalty surcharges; and (4) interest. Makes such provisions inapplicable to any civil monetary penalty assessed under the Internal Revenue Code. Establishes in the Treasury a Department of Justice Telecommunications Carrier Compliance Fund for payments to telecommunications carriers as authorized by the Communications Assistance for Law Enforcement Act. Sets forth provisions regarding: (1) offsetting collections; (2) requirements for appropriations offsets; and (3) termination of the Fund. Title VIII: Committee on National Security - Subtitle A: Military Retired Pay - Limits to FY 1995 (currently, through FY 1998) the authority for certain cost-of-living adjustments (COLAs) to military retired and retainer pay. Makes the FY 1996 COLA for military retirees first payable for March 1996. Subtitle B: Naval Petroleum Reserves - Directs the Secretary of Energy to sell all U.S. rights and interest to naval petroleum and oil shale reserves. Requires contracts for such sales to be entered into no later than September 30, 1996. Requires the Secretary to retain the services of: (1) five independent experts for the separate valuation of each of the five reserves; and (2) an investment banker to independently administer the sales. Provides special administrative requirements with respect to the sale of Naval Petroleum Reserve Numbered 1, in Elk Hills, California, including the requirement that the Elk Hills unit continue current full production until the completion of its sale. Provides for the termination of a current Elk Hills naval petroleum sales contract. Directs the Secretary to offer to settle all claims against the United States by the State of California and the California Teachers' Retirement Fund with respect to land within the Elk Hills unit. Requires a 15-day prior congressional notification period before entering into a sales contract with respect to a naval petroleum reserve. Subtitle C: National Defense Stockpile - Directs the President during FY 1996 to dispose of: (1) all cobalt contained in the National Defense Stockpile (NDS) that is authorized for disposal under any law; and (2) additional quantities of specified materials in the NDS so as to result in specified receipts for FY 1996 through 2002. Limits disposal quantities with respect to each item. Requires deposit into the Treasury of all sale receipts. Terminates the disposal authority on the date on which the total receipts desired are achieved. Title IX: Committee on Resources - Subtitle A: Alaska and Helium Privatization - Part 1: Alaska - Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil unless the President finds, within five months after enactment of this Act, that such exportation is not in the national interest. Sets forth mandatory considerations in evaluating whether such exportation is in the national interest, including an environmental review and supply and employment impact analysis. Mandates that, except in certain cases, such oil be transported by U.S.-owned merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. Instructs the Secretary of Commerce to issue, within 30 days after the President's national interest determination, necessary rules, including any licensing requirements and conditions, to implement such determination. Directs the Secretary to recommend that the President take appropriate action (including modification of export authorization) if oil exports under authority of this Act have caused sustained material supply shortages or price increases significantly above world market levels, together with sustained material adverse effects upon domestic employment. Instructs the Comptroller General to review and report to specified congressional committees on energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports upon consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii. (Sec. 9002) Declares it is the purpose of this Act to reduce the Federal deficit by a specified amount over the next five years with revenue derived from competitive bonus bids solicited for oil and gas leases in the Coastal Plain of Alaska's North Slope. Declares that the Congress hereby determines that this Act's oil and gas leasing program in the Coastal Plain is compatible with the purposes of the Arctic National Wildlife Refuge, and that no further findings or decisions are required to implement this determination (thereby avoiding statutorily-mandated environmental determinations). Instructs the Secretary of the Interior to promulgate regulations within six months of the enactment of this Act governing a Coastal Plain competitive leasing program for oil and gas exploration, development, production and transportation. Mandates a first lease sale of at least 200,000 acres within 12 months of the enactment of this Act. Requires lease sales to be based upon an industry nomination process. Directs the Secretary to grant to the highest bidders any oil and gas lease on unleased Federal lands within the Coastal Plain at royalty payments of at least 12 and one-half percent. Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its proscription against the production of oil and gas from the Arctic National Wildlife Refuge. Declares that this Act is the primary land management authorization for all Coastal Plain exploitation activities, and that no land management review, determination or other action shall be required. Authorizes the Secretary to grant Coastal Plain rights-of-way and easements for pipeline construction and oil and gas transportation. States that the "Final Legislative Environmental Impact Statement" (April 1987) is adequate and legally sufficient for all activities related to Coastal Plain exploitation. Mandates that 50 percent of Federal revenues from the Coastal Plain be paid to the State of Alaska. Instructs the Secretary to convey: (1) the surface estate of specified lands to the Kaktovik Inupiat Corporation; and (2) the subsurface estate beneath such surface estate to the Arctic Slope Regional Corporation. Establishes a Community Assistance Fund, consisting of a specified portion of the Federal share of Coastal Plain revenues, to assist regions impacted by the activities authorized under this Act. Establishes the National Endowment for Fish and Wildlife and the Fish and Wildlife Conservation Commission. (Sec. 9003) Directs the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project and related assets to the State of Alaska; and (2) the Eklutna Hydroelectric Project and related assets to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Eklutna Purchasers). Authorizes appropriations to prepare or acquire the Snettisham and Eklutna assets for such sale and transfer. Directs the Secretary to use specified amounts from unobligated balances to fund sale preparation costs. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under a certain statutory selection entitlement. Grants the State of Alaska one year within which to select lands authorized under this Act or any Purchase Agreement incorporated or ratified by it, notwithstanding expiration of such right under specified law. Sets a deadline by which the Secretary must: (1) complete the business of and close out the Alaska Power Administration (APA); (2) report to the Congress documenting the Snettisham and Eklutna sales; and (3) return to the Treasury unobligated balances of funds appropriated for the (APA). Part 2: Helium Privatization - Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. (Sec. 9013) Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. (Sec. 9014) Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. (Sec. 9015) Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. (Sec. 9017) Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines. (Sec. 9018) Directs the Secretary of the Interior to convey to the Texas Plains Girl Scout Council for consideration of one dollar specified lands in Potter County, Texas, reserving easements to the United States for pipeline rights-of-way. Subtitle B: Water and Power - Part 1: Power Marketing Administration - Power Administration Act - Repeals specified proscriptions against the use of Federal funds: (1) to study or prepare for transferring the Federal Power Administrations out of Federal ownership or control; (2) to study "market rate" or other noncost methods for the pricing of hydroelectric power by the Federal public power authorities; and (3) to change the employment levels of the Federal Power Marketing Administrations determined necessary to carry out their statutory responsibilities. Directs the Secretaries of Energy, of the Interior, and of the Army to retain a private sector advisor with respect to selling all facilities and related appurtenances used to generate the electric power marketed by the Southeastern, Southwestern and Western Area Power Administrations. (Sec. 9203) Restructures the capital investment costs of the Bonneville Power Administration in order to arrive at new principal amounts bearing interest rates at the Treasury rate for the old capital investment. Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to provide that payments made by Administrator of the Bonneville Power Administration to the tribes pursuant to a certain settlement agreement shall be a credit that reduces the Administrator's payments to the Treasury by specified amounts. Requires contract provisions governing the sale of Bonneville Power Administration assets to reflect the restructured principal amounts and interest rates. Requires Department of Energy studies and a report to the Congress on: (1) the possible impact on the Bonneville Power Administration customer base of increased rates for electric power sales; and (2) Bonneville Power Administration costs of compliance with the Endangered Species Act of 1973. Part 2: Reclamation - Amends the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of a certain repayment contract between the United States and the Central Utah Water Conservancy District under terms similar to a certain supplemental contract that provided for the prepayment of the Jordan Aqueduct. Requires the District to exercise its right to prepayment by the end of FY 2002. (Sec. 9212) Treats the city of Folsom, California, as a Central Valley Project contractor as of November 1, 1990, in order to consider it eligible to be a transferee of Central Valley Project water earmarked for municipal and industrial purposes. (Sec. 9213) Sly Park Unit Conveyance Act - Instructs the Secretary of the Interior to: (1) sell the Sly Park Unit to the El Dorado Irrigation District (California) for a specified price; (2) transfer and assign certain water rights to such District; and (3) convey all Federal interest in the Sly Park Unit to the District. States that the Congress specifically finds that such sale and water rights conveyance is not subject to environmental or endangered species review under specified environmental protection laws. (Sec. 9214) Amends specified Federal law to raise from $30,000 to $8 million the annual charge to San Francisco and other municipalities or water districts granted water rights-of-way from the Hetch Hetchy Dam. Makes annual operation of Yosemite National Park (currently, the building and maintenance of roads and trails in Yosemite and other California national parks) the highest priority use of the proceeds from such charges, with the remainder of any funds to be used for operations of the other California national parks. Subtitle C: National Parks, Forests, and Public Lands - Part I: Concession Reform - Visitor Facilities and Services Enhancement Act of 1995 - Defines "Secretary concerned" for purposes of this Part as: (1) the Secretary of Interior with respect to the U.S. Fish and Wildlife Service, the National Park Service, the Bureau of Land Management, and the Bureau of Reclamation; (2) the Secretary of Agriculture with respect to the Forest Service; and (3) the Secretary of the Army with respect to the U.S. Army Corps of Engineers. (Sec. 9304) Authorizes the Secretary concerned, under specified conditions, to enter into: (1) a concessioner service agreement (agreement) and issue either a competitive or noncompetitive offering for concessioner services, facilities, or activities (requires a lease to be issued if the concessioner develops or uses fixed facilities on Federal lands); or (2) a license for concession services when the Secretary determines there is no need to limit the number of concessioners providing such services. Sets forth provisions requiring: (1) designation by the Secretaries concerned of a lead agency concerning concessions which conduct a single operation on lands or waters under multiple jurisdictions; (2) such lead agency to be that agency under whose jurisdiction the concessioner generates the greatest amount of gross receipts, unless otherwise agreed; and (3) such designated agency to issue one authorization and collect one fee under this Act for the operation. Exempts: (1) leases or licenses of entire areas to States or other political subdivisions; and (2) any third party agreement insured by such entities concerning such areas. (Sec. 9305) Requires the Secretary concerned to: (1) enter into and reissue an agreement with the person who submits the best proposal through a competitive process as defined in this Act; and (2) prepare a solicitation and prospectus which describes the concession service opportunity and publish announcements of the availability of such solicitation, prospectus, and opportunity in appropriate locations. Sets forth provisions regarding: (1) factors and minimum standards used to determine the best proposal; (2) the selection process; (3) the categorical exclusion provided by the National Environmental Policy Act of 1969 to temporary extensions and similar reissuance of agreements to provide concession services similar in nature and amount to concessions services provided under the previous authorization; and (4) modification of agreements. (Sec. 9306) Requires the Secretary concerned: (1) for the duration of an agreement, to develop a program of annual evaluations of the concessioners operating under the agreement who are providing visitor services in areas under the Secretary's jurisdiction; (2) to seek broad public input from concessioners, State agencies, and other interested persons in developing such program; and (3) to review the performance of each concessioner at least semiannually and to assign each concessioner an overall rating for each year. Authorizes the Secretary concerned to suspend, revoke, or terminate a concession authorization if a concessioner, after being notified that its performance is unsatisfactory, fails to correct the conditions identified as required. Sets forth provisions providing for performance incentives for incumbent concessioners and a renewal penalty for a concessioner whose annual performance is found to be unsatisfactory. (Sec. 9307) Limits concessioners to construction or financing of construction of public facilities on Federal lands that are to be used by the concessioner under the terms of its agreement or facilities necessary for the concessioner to administer such public facilities on Federal land. Provides that a concessioner required or authorized by an agreement to construct any structure, improvement, or fixture on Federal lands shall have an investment interest therein, to the extent provided by the agreement and this Part. Prohibits such investment interest from being extinguished by the expiration of the agreement. Allows the investment interest to be assigned, transferred, encumbered, or relinquished. Sets forth limitations on such interest. Requires the agreement to specify which new improvements, if any, shall become Government property upon its expiration. Bars a concessioner from obtaining an investment interest in any building which is wholly owned by the Government. Provides that the title to the land on which such structure, improvement, or fixture is placed shall be owned by the United States. Directs the Secretary concerned to: (1) require the new concessioner to buy the investment interest of the existing concessioner not selected as the best qualified applicant at the time of reissuance of an agreement; and (2) compensate the concessioner in an amount equal to the value of the concessioner's investment interest in facilities that are discontinued or closed by reason of the Secretary's decision. Sets forth a formula for determining the value of an investment interest of any capital improvement at the end of the agreement period. (Sec. 9308) Establishes a ten-year term for an agreement. Allows the Secretary concerned to issue such agreement for less than ten years but at least for five years if the Secretary determines that the average annual gross receipts over its life would be less than $100,000. Requires the Secretary to issue the agreement for longer than ten years if the Secretary determines that it is in the public interest or necessary due to the extent of investment and associated financing requirements and to meet the obligations assumed. Limits the term of an agreement to 30 years and the term of a concession license to two years. Allows the Secretary to agree to temporary extensions of agreements for up to two years on a noncompetitive basis to avoid interruption of services to the public. (Sec. 9309) Sets forth provisions regarding: (1) rates and charges (requires, for agreements only, rates and charges to the public to be set by the concessioner, subject to the concerned Secretary's approval only where the Secretary determines that sufficient competition for such facilities and services does not exist within or in close proximity to the area in which the concessioner operates); and (2) the transfer or assignment of such agreements, with the Secretary's approval. Prohibits the transfer of a concession license. (Sec. 9311) Requires the Secretary concerned to establish a fee for the privilege of providing concession services. Allows such fee to include: (1) an annual cash payment for the privilege of providing concession services; (2) the amount required for capital improvements required pursuant to this Act; (3) fees for rental or lease of Government-owned facilities or lands occupied by the concessioner; or (4) expenditures for maintenance of, or improvements to, such Government-owned facilities. Directs the Secretary concerned to establish a minimum fee for each of such components. Provides that the final fee shall be the amount bid by the selected applicant under the competitive selection process, with the exception that the Secretary concerned: (1) shall base the final fee for simultaneous authorizations for river runners, outfitters, or guide concession operations of substantially similar services in a specific geographic area on historical data, where available, as well as on industry- specific and other available market data; or (2) may establish a charge per user day. Sets forth provisions concerning: (1) adjustments of fees; and (2) a concession license fee (such fee shall at least cover the program's administrative costs and may not be changed over the term of the license). (Sec. 9312) Requires a concessioner to establish a concession improvement account if the agreement requires the individual to make capital improvements or occupy Government-owned facilities. Specifies provisions concerning such account with respect to: (1) terms and conditions; (2) disbursements; (3) records; (4) an annual financial statement; and (5) transfer of a remaining balance (upon the termination of a concession authorization or upon the transfer of an agreement). Requires the Secretary concerned to: (1) deposit up to a specified amount of receipts from concession services fees and the rental of Government-owned facilities for a fiscal year in the Treasury as miscellaneous receipts for the National Park Service for FY 1997 through 2002; (2) deposit receipts exceeding such specified amounts into concession improvement accounts to be distributed to each concessioner for expenditures on visitor services and facilities; and (3) develop a schedule of anticipated receipts to be deposited into the Treasury for other agencies covered under this Part and to submit such schedule to appropriate congressional committees within 18 months of this Act's enactment. Requires the Inspector General of the Department concerned, beginning with FY 1998, to biennially audit and report to specified congressional committees on such generated concession fees. (Sec. 9313) Requires the Board of Contract Appeals (Board) within each Department to adjudicate disputes between the Government and concessioners arising under this Part. Sets forth dispute procedures which: (1) permit agency decisions to be appealed to the Board after one level of administrative review; (2) demand an expedited procedure for consideration of appeals to suspend, revoke, or terminate a concession authorization; (3) allow a person to seek judicial review of decisions made by the Board; and (4) exclude the expiration of a concession authorization from appeal. Excludes disputes arising under this Part from the jurisdiction of the General Accounting Office to review bid protests under the Competition in Contracting Act of 1984. (Sec. 9314) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year of each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the concession authorization involved. (Sec. 9315) Provides that the following laws and regulations shall not apply to agreements and concession licenses under this Part: (1) Title III of the Federal Property and Administrative Services Act of 1949; (2) the Office of Federal Procurement Policy Act; (3) the Federal Acquisition Streamlining Act of 1994; (4) the Brooks Automatic Data Processing Act; (5) provisions of Federal law relating to U.S. armed forces general and miscellaneous procurement; (6) the Federal Acquisition Regulation (FAR) and any unspecified laws providing authority to promulgate regulations in FAR; (7) the Randolph-Sheppard Act; and (8) the Service Contract Act of 1965. Repeals the Concessions Policy Act of 1965 and provisions of Federal law concerning: (1) the use and occupation of national forest lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational, or public use; (2) the use of Forest Service appropriations for operation, repair, maintenance, and replacement of motor and other equipment; and (3) the rental of fire control equipment to non-Federal agencies. Provides that the provisions of this Part shall supersede the provisions of the following Acts as they pertain to concessions management: (1) the Federal Land Policy and Management Act of 1976; (2) the Refuge Recreation Act; and (3) the National Wildlife Refuge System Administration Act of 1966. Prohibits the Secretary of the Army from leasing lands, including structures or facilities thereon, at water resource development projects for commercial concessions purposes. Provides that: (1) the right of renewal explicitly provided for by any concession contract affected by the repealing, superseding, or amending of the provisions of an Act referred to in this Part shall be preserved for a single renewal of a contract following the enactment of this Part; (2) nothing in this Part shall be construed to change the value of existing capital improvements or possessory interests as identified in concession contracts entered into before this Act's enactment nor to amend, supersede, or otherwise effect any provision of the Alaska National Interest Lands Conservation Act relating to revenue-producing visitor services; and (3) no provision of this Part shall apply to any ski area permittee operating on lands administered by the Forest Service. Sets forth procedures for the reissuance of existing concessioner contracts which: (1) have expired before or within five years of this Act's enactment; and (2) are entered into before, and projected to terminate five years or more after, such enactment. Part 2: National Forest Ski Areas - Requires the Secretary of Agriculture, within five years after the enactment of this Part, to offer to sell at least 40 ski areas to the qualifying ski area operator. Provides that, for purposes of such sale, lands are qualifying concession lands if they are: (1) subject to a lease on this Act's enactment date for use as a ski area with improvements with a fair market value greater than $2,000,000; and (2) located either adjacent to the boundary of the Federal lands or adjacent to other significant private in holdings. Requires the Secretary to provide for an independent appraisal of the lands and interests to be transferred. Authorizes the Secretary to transfer, by sale or exchange, additional National Forest System lands for purposes of adding such lands to, and operating them as part of, such ski areas. Sets forth provisions for the use of proceeds generated through the sales. (Sec. 9322) Amends the National Forest Ski Area Permit Act of 1986 to require that the fee for all ski area permits on National Forest System lands be calculated, charged, and paid according to a specified formula. Provides that the terms of any existing ski area permit in effect on this Act's enactment that specify a different fee calculation method shall prevail unless the permit holder notifies the Forest Service that the individual agrees to adopt the specified formula. Requires the Forest Service to encourage such permit holder to consider adopting the new formula in order to reduce administrative costs. Sets forth provisions regarding: (1) minimum rental fees; (2) time for payment; (3) requirements for reports by the Secretary to specified congressional committees analyzing whether the ski area permit system legislated by this Act is returning fair market value rental to the United States, together with any recommendations the Secretary may have for modifications in the system; (4) transition of the new ski area permit fee; (5) applicability of the National Environmental Policy Act of 1969 to reissuance of ski area permits; and (6) withdrawal of ski areas from operation of mining laws. Part 3: Domestic Livestock Grazing - Sets forth applicable regulations for domestic livestock grazing on Bureau of Land Management and Forest Service lands. (Sec. 9332) Establishes: (1) a basic grazing fee formula based upon the three-year average of the value of livestock production (exclusive of certain progeny) and the ten-year average of certain Treasury bill rates; and (2) a 15-year permit tenure. (Sec. 9335) Exempts grazing activities in conformance with land use plans from further documentation required under the National Environmental Policy Act of 1969. Part 4: Regional Disposal Facility of Southwestern Low Level Radioactive Waste Disposal Compact - Provides for the transfer of specified Federal land in California (Ward Valley site) to the State of California for use as a low level radioactive waste disposal site. Subtitle D: Territories - Part 1: Commonwealth of the Northern Mariana Islands - Terminates certain annual grants to the Commonwealth of the Northern Mariana Islands. Part 2: Territorial Administrative Cessation Act - Territorial Administrative Cessation Act - Abolishes the Office of Territorial and International Affairs of the Department of the Interior. Subtitle E: Minerals - Part 1: Hardrock Mining - States that unless specified patent transition procedures are met, patents will be issued upon payment of the fair market value of the Federal interest in the land, exclusive of, and without regard to: (1) the mineral interests it contains; or (2) its use for mineral activities. Subjects such patents to a Federal royalty. (Sec. 9503) Subjects the production and sale of locatable minerals from an unpatented mining claim to a royalty of 3.5 percent on the net proceeds. Cites royalty exclusions. States that the royalty obligation only accrues upon the sale of mining claim products, not upon their stockpiling for future processing. Defines net proceeds and gross yield for purposes of determining royalty obligations. Excludes from gross yield profits or losses incurred in connection with forward sales, futures or commodity options trading, or any other price hedging or speculative transaction. Delineates limitations and allocations of net proceeds, gross yield, and allowable costs. Requires assessment of interest on unpaid royalties. Declares that the owner of a mining claim under this Act is not under an implied covenant to undertake activity as a result of the obligation to pay a royalty. Emphasizes that any such activity is in the sole discretion of the claim owner. (Sec. 9504) Amends specified Federal law to provide that all deposits of mineral materials, including block pumice, shall be subject only to the disposal guidelines of the Materials Act of 1947. Amends specified mining law to open lands with valuable mineral deposits to leasing by the Secretary of the Interior conditioned upon: (1) minimum royalty payments of two percent of the gross value of their output; and (2) advance payment of 25 cents per acre for the first year, 50 cents per acre for the second through the fifth year, and one dollar per acre thereafter. Credits such rental against royalties. Conditions leases also upon a minimum annual production or payment of a minimum royalty, except during certain emergency production interruptions. Authorizes the Secretary to grant prospecting permits conferring the exclusive right to prospect for mineral materials in specified Federal lands. Entitles a permittee who has discovered valuable minerals to a lease at a minimum royalty of two percent of the quantity or gross value of the output of the mineral materials at the point of shipment to market. Amends Federal law regarding unpatented mining claims to reserve in the United States the right to manage and dispose of the mineral material surface resources prior to issuance of a mining claim patent. Repeals the Building Stone Act and the Saline Placer Act. Amends Federal mining law to authorize the Secretary to contract for the disposal of mineral materials. Restricts the maximum royalty for the gross value of the output of sodium compounds to five and one- half percent subject to certain conditions. (Sec. 9505) Mandates an annual maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor. Provides that the owner of each unpatented mining claim or site shall pay a location fee in lieu of the initial annual $100 maintenance fee per mining claim or site for the assessment year which includes the date of site or claim location. Exempts from annual maintenance requirements owners who certify that governmental actions, including actions of an Indian tribal authority, have denied access to their claims or sites. Sets forth an annual maintenance fee schedule which ranges from $100 for each of the first three years to $500 per year after the fifteenth year. Identifies annual labor activities which may be credited dollar for dollar towards up to 75 percent of the annual maintenance fee payable. Permits application to future maintenance fees of excess amounts expended for annual labor performed over such percentage limitation. Specifies work qualifying as annual labor. Requires that each maintenance fee payment be accompanied by a statement identifying the pertinent claim or site, which shall be in lieu of any annual mining filing requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Reduces the annual claim maintenance fee payments for unpatented mining claim or site by the amount of royalty paid during the prior assessment year for such site or for any contiguous claim or site. Exempts from these requirements any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Instructs the Secretary to review the fee structure periodically and report on it to the Congress. Part 2: Federal Oil and Gas Royalties - Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to place primary liability for lease obligations upon either the person to whom the United States issues a lease, or the current owner of operating rights, but not both. (Sec. 9513) Bars a judicial action relating to an obligation that is not commenced within six years from the date on which the obligation falls due. Prescribes procedural guidelines for: (1) the period of limitations; (2) adjustments and refunds; and (3) recordkeeping requirements. (Sec. 9516) Authorizes the Secretary to waive royalty interest. Prescribes requirements for Federal payment of interest on inadvertent (but not on deliberate) excessive overpayments of royalties. Provides for estimated royalty payments. Prescribes royalty reporting and payment requirements with respect to volume allocation of oil and gas production for Federal leases in unit or communitization agreements and for those not in such agreements. (Sec. 9517) Amends FOGRMA to prohibit assessments for late payments or underpayments. Restricts assessments to erroneous reports only (but permits the imposition of penalties or interest for late payments or underpayment). (Sec. 9518) Prescribes guidelines under which a lessee may make prepayments in lieu of royalty payments for a marginal property which is not cost-effective for the Secretary to administer. Instructs the Secretary to provide accounting, reporting, and auditing relief that will encourage lessees to continue to produce and develop such properties. (Sec. 9519) Amends the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping obligations. Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public at less than fair market value). (Sec. 9520) Amends FOGRMA to require the Secretary to streamline and simplify current royalty management requirements and practices, including reporting, instruction, audits and collections. (Sec. 9521) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties. Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments. (Sec. 9522) Revises the Secretary's authority to delegate to the States all authority and responsibility to conduct audits and inspections with respect to all Federal lands within their borders to include production and royalty accounting duties and specified royalty collections. Authorizes a State to request that the Secretary sell the revenue stream from certain Federal leases on marginal properties. (Sec. 9523) Amends FOGRMA to replace the knowing and willful standard for violations which incur a civil penalty to a standard of willful misconduct or gross negligence (a higher and more difficult standard to prove). (Sec. 9524) Excludes Indian lands and privately owned minerals from the purview of this Act. Subtitle F: Indian Gaming - Amends the Indian Gaming Regulatory Act to increase fee-based funding for the National Indian Gaming Commission from class II gaming activities. Prohibits authorization of appropriations for Commission operations. Subtitle G: Consultation - Amends the Endangered Species Act of 1973 to state that the limitation of resources commitment between a Federal agency and a permit or license applicant shall only apply to site-specific projects or activities. Subtitle H: Mapping - Department of the Interior Surveying and Mapping Efficiency and Economic Opportunity Act of 1995 - Directs the Secretary of the Interior to conduct a mapping and surveying contracting program. Provides for: (1) a published inventory of Department of the Interior mapping and surveying activities; and (2) increased use of private services. Title X: Committee on Transportation and Infrastructure - Subtitle A: Water Resources - Prohibits the Secretary of the Army from modifying any concession service agreement, concession license, or similar instrument except to the extent permitted under law before enactment of this Act. (Sec. 10002) Authorizes the Director of the Federal Emergency Management Agency (FEMA) to assess and collect fees from persons subject to radiological emergency preparedness regulations. Terminates such assessment authority on September 30, 2002. Subtitle B: Ocean Shipping Reform - Ocean Shipping Reform Act of 1995 - Chapter 1: Ocean Shipping Reform - Amends the Shipping Act of 1984 to include as one of its purposes the granting of authority to carriers and shippers to develop transportation arrangements to meet their specific needs. (Sec. 10212) Redefines the term "conference," with respect to an association of ocean carriers permitted, pursuant to an approved agreement, to engage in concerted activity, to change "common tariff," which they all utilize, to "common schedule of transportation rates, charges, classifications, rules, and practices." Defines ocean freight forwarder and shippers' association. (Sec. 10213) Revises the scope of the Shipping Act of 1984, with respect to certain agreements by or among ocean common carriers, to: (1) substitute "ocean freight forwarders" for "non-vessel-operating common carriers" in exclusive, preferential, or cooperative working arrangements with ocean common carriers covered by the Act; and (2) cover agreements that discuss any matter related to ocean transportation contracts, and enter ocean transportation contracts and agreements related to those contracts. Repeals coverage of agreements to regulate or prohibit the use of service contracts. (Sec. 10214) Revises provisions relating to independent actions on certain matters by members of a shipping conference agreement. (Sec. 10216) Amends the High Seas Driftnet Fisheries Enforcement Act to repeal the automated tariff filing and information system provisions of such Act. Amends the Shipping Act of 1984 to revise provisions relating to: (1) schedules of transportation rates, terms, and conditions of common carriers and conferences for transportation services not governed by an ocean transportation contract; (2) ocean transportation contracts between one or more common carriers and a conference and one or more shippers; and (3) prohibited acts by persons or common carriers with respect to the provision of ocean transportation services. (Sec. 10219) Revises provisions for actions that the Federal Maritime Commission (FMC) may take against foreign carriers whose practices in a foreign country result in conditions that adversely affect U.S. carriers in the oceanborne trade, and do not exist for foreign carriers of that country in the United States. (Sec. 10220) Authorizes the Secretary of Transportation to request the Secretary of the Treasury to refuse or revoke any clearance required for a common carrier vessel if such carrier fails to supply certain information in a FMC investigation or adjudicatory proceeding. (Sec. 10224) Revises certain license and bond requirements with respect to ocean freight forwarders. (Sec. 10227) Requires marine terminal operators to make available to the public any schedules of rates, regulations, and practices, including limitations of liability, pertaining to receiving, delivering, handling, or storing property at its marine terminal. Chapter 2: Controlled Carriers Amendments - Revises provisions concerning the unjustness and unreasonableness of controlled carrier rates. (Sec. 10231) Declares that the rate standards, information submissions, remedies, reviews, and penalties under the Shipping Act of 1984 shall apply to ocean common carriers that are not controlled, but which have been determined by the Secretary of Transportation to be structurally or financially affiliated with nontransportation entities or organizations (government or private) in such a way as to affect their pricing or marketplace behavior in an unfair, predatory, or anticompetitive way that disadvantages them. Requires the Secretary to prescribe regulations that would govern how price and other information is to be submitted by controlled and non-controlled carriers when such information would be needed to determine whether prices charged by them are unfair, predatory, or anticompetitive. (Sec. 10232) Directs the Secretary to develop, and submit to the Congress, a negotiation strategy to persuade foreign governments to divest themselves of ownership and control of ocean common carriers. (Sec. 10233) Requires the Secretary to submit to the Congress an annual report on: (1) actions taken under the Foreign Shipping Practices Act and certain sections of the Shipping Act of 1984 and this Act; and (2) the effect on U.S. maritime employment of laws, rules, regulations, policies, or practices of foreign governments, or any practices of foreign carriers or other persons providing maritime services in a foreign country that result in the existence of conditions that adversely affect the operations of U.S. carriers in U.S. oceanborne trade. Chapter 3: Elimination of the Federal Maritime Commission - Requires the Director of the Office of Management and Budget to submit to the Congress a plan to eliminate the FMC no later than October 1, 1997. (Sec. 10241) Authorizes appropriations. Subtitle C: Midewin National Tallgrass Prairie - Chapter 1: General Provisions - Entitles this subtitle the Illinois Land Conservation Act of 1995 (the Act, for purposes of this subtitle). Chapter 2: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie - Ratifies the proposals generally identified by the land use plan approved by the Joliet Arsenal Citizen Planning Commission on May 30, 1995. Transfers the portion of land from the Joliet Arsenal constituting the Midewin National Tallgrass Prairie to the Secretary of Agriculture. Provides that the Secretary of the Army and the Secretary of Agriculture shall both maintain security for designated portions of the Area. (Sec. 10312) Directs the Secretary of the Army to: (1) transfer the designated portions of Arsenal land to the Secretary of Agriculture within six months of the Act's enactment; and (2) retain jurisdiction over any real property at the Arsenal which may be used for actions required under any environmental law to remediate contamination or conditions of noncompliance. (Sec. 10313) States that any liability or responsibility of the Secretary of the Army under environmental laws shall not transfer with the transfer of Arsenal property. Orders any Federal department or agency with hazardous materials at the Arsenal to pay for the cost of cleanup. (Sec. 10314) Directs the Secretary of Agriculture to establish the Prairie on the date of transfer of portions of the Arsenal to be managed for National Forest Service purposes. Authorizes the Secretary of Agriculture to cooperate with appropriate Federal, State, and local governments, private organizations, and corporations in the management of the Prairie. (Sec. 10315) Prohibits the construction of roads through the Prairie. Specifies terms and conditions for special use authorizations for agricultural purposes. Authorizes the Secretary of Agriculture to charge user fees and to waive such fees for certain individuals. (Sec. 10316) Provides special disposal rules for certain land parcels at the Arsenal. Chapter 3: Other Real Property Disposals Involving Joliet Army Ammunition Plant - Directs the Secretary of the Army to transfer certain land parcels at the Arsenal to the Secretary of Veterans Affairs for use as a national cemetery. (Sec. 10322) Directs the Secretary of the Army to transfer a portion of the Arsenal to Will County, Illinois, for use as a landfill. Permits the United States to maintain a reversionary interest in the property for a five-year period, to be exercised if the County fails to meet the transfer conditions. (Sec. 10323) Directs the Secretary of the Army to transfer a portion of land at the Arsenal to the State of Illinois for economic redevelopment purposes. Conditions the receipt of the land upon the Illinois Governor establishing a redevelopment authority to oversee the economic development. Permits the United States to retain a 20- year reversionary interest in such land. Chapter 4: Miscellaneous Provisions - Provides that this subtitle does not alter any requirements to be carried out in compliance with existing environmental laws. Subtitle D: Miscellaneous Provisions - Extends through FY 2002 the current tonnage duties imposed upon foreign vessels entering into U.S. ports. (Sec. 10402) Directs the Administrator of General Services to: (1) sell all U.S. rights and interest to the land and related improvements at Governors Island, New York; (2) sell the air rights to the land adjacent to Union Station in Washington, D.C.; and (3) issue regulations requiring each executive agency to collect fees for the use of all parking facilities provided for such agency at Federal expense. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Extension of Temporary Authorities - Extends through FY 2002: (1) the requirement that non- service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs (Department, for purposes of this title); (2) the authority for collection of a $2 copayment from veterans earning above a minimum income level for prescription medication furnished for outpatient treatment of a non-service- connected condition; (3) certain Department veterans' medical care cost recovery authority; (4) the authority under Federal veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs-based benefits; (5) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and surviving spouses who have no dependents and who are in Medicaid-participating nursing homes; (6) the authority of the Secretary of Veterans Affairs to charge and collect a home loan fee for housing loans which are guaranteed by the Department; and (7) the procedures applicable upon the default of such guaranteed loans. Subtitle B: Other Matters - Increases from $2 to $3 the prescription drug copayment required from certain veterans. Terminates the authority of the Secretary to waive such copayments or the collection of any indebtedness for failure to make such copayments. (Sec. 11022) Directs the Secretary, as of December 1, 1995, to round out to the next lower whole dollar any cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates. Prohibits any such rates from being increased during FY 1997 through 2002 by a percentage which is more than the percentage increase for benefits under title II (Old age, survivors and disability insurance) of the Social Security Act. (Sec. 11023) Revises the Government's liability standard for injuries or death resulting from Department treatment to allow compensation to be awarded for the additional disability in the same manner as if the disability or death were service-connected. Provides proximate cause requirements. (Sec. 11024) Extends through FY 1996 (currently, December 31, 1995) the authority of the Secretary to guarantee the real estate mortgage investment conduits used to market pools of veterans' loans. (Sec. 11025) Authorizes the Department to collect veterans' home loan guaranty debts in the same manner as all other debts arising under Department programs. Requires the Department to provide affected individuals with notice and an opportunity to seek a waiver, or challenge the validity, of such debt before collection. Subtitle C: Health Care Eligibility Reform - Revises provisions concerning a veteran's eligibility for hospital care and medical services to: (1) allow such care to be provided only to the extent that amounts for such care and services are provided in advance in appropriations Acts; (2) provide full eligibility for both hospital and outpatient care for service-disabled veterans, low-income veterans, former prisoners of war, and veterans of World War I; and (3) provide such eligibility for veterans who were exposed to a toxic substance, radiation, or environmental hazard during the performance of duty. (Sec. 11032) Extends through December 31, 1998, the authority to provide priority hospital care and medical services for certain Persian Gulf veterans. (Sec. 11033) Makes certain veterans eligible for prosthetic devices as long as they are receiving ongoing care through the Department. (Currently, hospitalization is required before such veterans are so eligible.) (Sec. 11034) Directs the Secretary, in managing the provision of hospital care and medical services, to establish and operate a system of annual patient enrollment, with specified patient priorities. Requires the system to be managed to assure the provision to enrollees of timely and quality care. Requires the Secretary to establish and manage Department health care programs in a manner which promotes cost-effective delivery of health care services in the most clinically appropriate setting. Requires the Department to maintain its capacity to provide for the specialized needs of certain disabled veterans, while not reducing its current capacity to provide services to other veterans. (Sec. 11035) Amends the Veterans Health Care Act of 1992 to repeal a provision which terminates the authority of the Secretary to enter into health care resource sharing agreements with the Department of Defense on October 1, 1996. Entitles the United States to recover from primary insurance providers the cost of care or services provided under such Act through a Department medical facility. (Sec. 11036) Repeals a statement of congressional purpose with respect to the Department's sharing of specialized medical facilities, equipment, and information. Expands such sharing to include all health care resources and to allow health care providers, plans, or insurers or other entities or individuals to participate in such sharing arrangements. Increases the authorized payment terms with respect to shared resources. (Currently, only reciprocal reimbursement is permitted.) Allows the Secretary to enter into such arrangements for the treatment of non-veterans only in limited circumstances. (Sec. 11037) Exempts from Department medical personnel limitations all positions held by persons involved in providing health-care resources under sharing agreements. Title XII: Trade - Subtitle A: Technical Corrections and Miscellaneous Trade Provisions - Amends the Tariff Act of 1930 to require that interest on claims be accrued from the date of such claim for the reliquidation (refund) of excess duties paid on entries of North American Free Trade (NAFTA) products. (Sec. 12002) Amends Federal customs law to repeal the requirement that certain vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits. Requires the Secretary of the Treasury to enter into contracts with collection services to recoup expenses associated with recovering indebtedness owed to the Government under the customs laws. (Sec. 12003) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require certain customs fees charged against merchandise imported from a foreign trade zone to be applied only to the value of the privileged or nonprivileged part of such merchandise. Declares that the similar application of such customs fees to imported U.S. agricultural products processed and packed in a foreign trade zone shall be effective to entries made on or after certain dates. (Sec. 12005) Amends the Caribbean Basin Economic Recovery Act and the Andean Trade Preference Act to declare that duty reductions for certain leather-related products shall not apply to textile and apparel articles subject to textile agreements. (Sec. 12007) Amends the Tariff Act of 1930 to authorize the United States Customs Service to extend the time for filing a drawback (refund) claim for duties for up to 18 months (one year if a major disaster occurs) if certain conditions are met. (Sec. 12008) Directs the Customs Service to provide for the liquidation or reliquidation (refund) of certain entries made at New York, New York, in accordance with the results of an administrative review, during the period from May 1, 1984, through March 31, 1985, by the International Trade Administration of the Department of Commerce (case number A-580-008). (Sec. 12009) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through February 1, 1999, of the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1988 Goodwill Games. (Sec. 12012) Provides for the electronic transmission of data to the U.S. Customs Service with respect to the duty-free treatment of imported civil aircraft pursuant to the Agreement on Trade in Civil Aircraft. (Sec. 12013) Amends the Customs and Trade Act of 1990 to extend, through December 31, 1994, the temporary exemption from duty of the cost of certain foreign repairs made to U.S. vessels. (Sec. 12014) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise the prohibition against the charging of fees for certain customs services to include services provided in connection with the arrival of any passenger on board a commercial vessel traveling only between ports which are within the customs territory of the United States. Declares that such exemption shall not apply in the case of the arrival of any passenger on board a commercial vessel whose journey originates and terminates at the same place in the United States if there are no intervening stops. Requires that passengers on commercial vessels making a single voyage involving two or more U.S. ports be charged a fee only once. (Sec. 12016) Amends the Tariff Act of 1930 to provide that certain marking requirements with respect to imported articles and containers shall not apply to: (1) certain metal forgings and hand tools made from such forgings; (2) certain coffee and tea products; and (3) spice products. (Sec. 12017) Directs the Secretary of the Treasury to liquidate or reliquidate as duty-free a certain entry of warp knitting machines. Requires a refund of duties and interest paid with respect to such entry. (Sec. 12018) Amends the Trade Act of 1974 to require the United States Trade Representative to identify trade liberalization priorities annually from calendar years 1996 through 2000. Subtitle B: Generalized System of Preferences - GSP Renewal Act of 1995 - Amends the Trade Act of 1974 with respect to the Generalized System of Preferences (GSP). Authorizes the President to designate a country as a least-developed beneficiary developing country for extension of trade preferences under the GSP. (Sec. 12102) Makes Austria, Finland, and Sweden eligible for designation as a beneficiary developing country. Declares that, for purposes of designating a beneficiary developing country, a country may be found to not provide protection of intellectual property rights, notwithstanding the fact that it may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the Uruguay Round Agreements Act. Authorizes the President to withdraw or suspend duty-free treatment for the products of a country based on consideration of specified factors and comments received from the public. Requires the President to: (1) withdraw or suspend the designation of a country as a beneficiary developing country if it is determined that changed circumstances would bar its designation as a beneficiary developing country; and (2) terminate the designation of a country as a beneficiary developing country if he or she determines that such country has become a "high income" country. Requires the President to notify the Congress before designating or terminating a country as a beneficiary developing country. Revises requirements for the designation of articles as eligible for preferential treatment. Authorizes the President to designate additional articles as eligible articles for countries designated as least-developed beneficiary developing countries if, after receiving advice from the International Trade Commission, it is determined that such articles are not import-sensitive. Prohibits an article that has been denied designation as an eligible article from being reconsidered for such designation for a three year period. Prohibits, with respect to the President's withdrawing, suspending, or limiting the duty-free treatment of an eligible article, the establishment of a duty rate for such article other than the rate which would apply but for this Act. Requires the President to terminate the duty-free treatment for an article from a beneficiary developing country (except least-developed beneficiary developing countries) whenever it is determined that such country has exported, directly or indirectly, to the United States during any calendar year a quantity of an eligible article: (1) having an appraised value in excess of $75 million (increased by $5 million on January 1 each calendar year after 1995); or (2) equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during the calendar year. Authorizes waiver of such competitive need limitation in the national economic interest if any U.S. industry is unlikely to be adversely affected by it. Prohibits any action under this Act from affecting any tariff duty imposed by the Legislature of Puerto Rico under the Tariff Act of 1930 on coffee imported into Puerto Rico. Requires the President to report to the Congress on: (1) the operation of this Act; and (2) the status of internationally recognized worker rights within each beneficiary developing country. (Sec. 12103) Directs the Secretary of the Treasury to liquidate or reliquidate and refund any duties that were paid on any entry: (1) of any article to which duty-free treatment under the GSP of the Trade Act of 1974 would have applied if such entry had been made on July 31, 1995; and (2) that was made after July 31, 1995, and before enactment of this Act. Requires buffalo leather from Thailand that is entered into the United States under certain entry numbers to be liquidated or reliquidated as if entered on June 30, 1995. Subtitle C: Trade Adjustment Assistance - Amends the Trade Act of 1974 to revise worker training requirements with respect to the payment of trade adjustment assistance to adversely affected workers. Repeals limitations on additional payments of trade readjustment allowances to workers during training periods. (Sec. 12201) Repeals the authority for relocation allowances to adversely affected workers. Extends through FY 2000: (1) the trade adjustment assistance program; and (2) authorization of appropriations for such program. Title XIII: Committee on Ways and Means-Revenue Reconciliation - Revenue Reconciliation Act of 1995 - Subtitle A: Extension of Expiring Provisions, Etc. - Part 1: Extensions Through December 31, 1997 - Amends the Internal Revenue Code to extend through December 31, 1997, the: (1) targeted jobs credit; (2) exclusion from gross income of an employee of employer provided educational assistance; (3) credit for increasing research activities; (4) special rule concerning charitable contributions of stock for which market quotations are readily available; and (5) credit for the clinical testing expenses of certain drugs for rare diseases or conditions. Makes additional revisions to provisions concerning the subjects of clauses one, two, and three. Part 2: Permanent Extension of FUTA Exemption for Alien Agricultural Workers - Extends permanently the Federal Unemployment Tax Act exemption for alien agricultural workers. Part 3: Commercial Aviation Fuel - Delays for two years, until September 30, 1997, the scheduled increase in the tax on fuel used in commercial aviation. Imposes a floor stocks tax, subject to stated exceptions, on such fuel held on October 1, 1997. Requires a study of the Federal excise tax burden on each of the various modes of transportation. Part 4: Extension of Airport and Airway Trust Fund Excise Taxes - Extends until September 30, 1996, the current Airport and Airway Trust Fund excise taxes. Subtitle B: Medical Savings Accounts - Permits a deduction for both itemizers and nonitemizers of up to the lesser of $2,500 (for an individual) or the deductible under a catastrophic health plan for amounts paid into a medical savings account. Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 - Part 1: Taxpayer Advocate - Establishes in the Internal Revenue Service the Office of the Taxpayer Advocate which shall assist taxpayers in resolving problems with the IRS. Part 2: Modifications to Installment Agreement Provisions - Requires that a taxpayer be given 30 days notice and an explanation of the reasons for modifying or terminating an installment agreement. Directs the Secretary of the Treasury to establish procedures for the independent review, for taxpayers requesting such a review, of such terminations. Part 3: Abatement of Interest and Penalties - Expands the authority of the IRS to abate assessments of interest to include delays caused by a managerial act or an unreasonable error. Grants the Tax Court jurisdiction to determine if the failure of the IRS to abate interest was an abuse of discretion. Part 4: Joint Returns - Directs the Secretary to conduct specified studies of joint return-related issues. Part 5: Collection Activities - Permits the Secretary to withdraw a notice of a lien if: (1) the notice was premature; (2) the taxpayer agrees to pay in installments; (3) withdrawal will facilitate collection; or (4) the withdrawal would be in the best interests of the United States. Increases from $1,650 to $2,500 the amount of personal property that is exempt from levy. Increases from $500 to $100,000 the offers-in-compromise amount for which a written opinion is required from the Office of Chief Counsel. Part 6: Information Returns - Permits an individual who has had an information return which was fraudulently filed in his or her name by another to bring a civil action against such other person. Part 7: Awarding of Costs and Certain Fees - Places the burden of proof on the IRS to establish that it was substantially justified in charging a taxpayer with a deficiency. Raises the amount of attorney's fees recoverable per hour by the prevailing party. Part 8: Modification to Recovery of Civil Damages for Unauthorized Collection Actions - Increases the limit from $100,000 to $1,000,000 on the recovery available for unauthorized IRS collection activities. Part 9: Modifications to Penalty for Failure to Collect and Pay Over Tax - Requires the IRS to issue a notice in writing, with respect to the failure to collect and pay an over tax, to a taxpayer at least 60 days in advance of any demand for a penalty. Requires the IRS, where there is more than one responsible party subject to such penalty, to disclose the name, to one responsible party, of any other responsible party. Exempts volunteer members of tax-exempt organizations from penalty for failure to collect and pay over tax. Part 10: Modifications of Rules Relating to Summonses - Includes any enrolled agent as a third-party recordkeeper with respect to the special procedures for the issuance of summonses. Part 11: Relief from Retroactive Application of Treasury Department Regulations - Provides generally, with exceptions, that no temporary, proposed, or final regulation to the tax code shall apply before its publication in the Federal Register or the date on which any notice substantially describing the expected contents of any such regulation is issued to the public. Part 12: Miscellaneous Provisions - Requires a report on a pilot program for appeal of enforcement actions. Amends the Anti-Drug Abuse Act of 1998, as well as the Internal Revenue Code, to extend for five years the authority for certain undercover operations. Allows a credit of up to $6,000 for qualified expenses in connection with an audit under the Tax Compliance Measurement Program. Subtitle D: Additional Technical Corrections - Makes corrections to the following Acts: (1) the Technical and Miscellaneous Revenue Act of 1988; (2) the Tax Reform Act of 1986; (3) the Revenue reconciliation Act of 1990; (4) the Deficit reduction act of 1984. Sets forth rules concerning the treatment of certain veterans' reemployment rights for veterans who return to civilian service following military service. Subtitle E: Tax Information Sharing - Extends the authority to disclose certain return information to the Department of Veterans Affairs. Subtitle F: Revenue Increases - Part 1: Provisions Relating to Businesses - Provides, with respect to a corporate shareholder's basis in stock reduced by the nontaxed portion of extraordinary dividends, that if the nontaxed portion of such dividend exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. Requires the organizer of a corporate tax shelter to register the shelter. Sets forth penalties for failure to file. Prohibits a deduction for interest paid on life insurance policies or annuities which cover a company officer or employee. Repeals the Puerto Rico and possessions tax credit for years beginning after December 31, 1995. Revises provisions concerning: (1) the income forecast method of determining depreciation deductions; and (2) transfers of excess pension assets to retiree health accounts. Part 2: Legal Reforms - Specifies that the exclusion from income of damages for personal injuries or sickness does not include punitive damages. Part 3: Treatment of Individuals Who Lose United States Citizenship - Revises provisions concerning expatriation to avoid taxes, including the following changes: (1) applies the provisions to certain long-term residents; (2) permits the Secretary to expand the ten year taxation period to fifteen years; (3) increases the categories of income treated as U.S. source income; (4) giving credit for foreign taxes imposed on U.S. source income; and (5) requiring the filing of certain information by expatriates. Revises the comparable estate and gift tax provisions. Part 4: Reforms Relating to Energy Provisions - Requires wind and closed-loop biomass energy facilities to be placed in service before September 14, 1995, in order to receive a tax credit. Denies a credit for alcohol used to produce ether. Limits the alcohol that is eligible for credit for alcohol used as fuel. Revises provisions concerning energy conservation subsidies provided by public utilities. Part 5: Reforms Relating to Nonrecognition Provisions - Revises provisions concerning the involuntary conversion of property into either similar property or money. Prohibits the nonrecognition of gain on the sale of a principal residence: (1) which is attributable to depreciation adjustments; or (2) unless the replacement property is located in the U.S. Part 6: Reforms Relating to Gambling Activities - Subjects to the tax on unrelated business income of charitable organizations income earned by an Indian tribe as a result of any class II or III gaming activity. Requires withholding from winnings of $5,000 or more from bingo or keno. Part 7: Other Reforms - Terminates the low-income housing credit after December 31, 1997. Repeals the: (1) credit for contributions to a community development corporation; (2) credit for purchasers of diesel-powered automobiles and light trucks; and (3) the provision which provides for the exclusion from income of rent from the rental of a vacation home for less than 15 days. Permits any qualified student loan funding corporation to end its status as a qualified scholarship funding corporation. Permits the interest on such a corporation's bond to remain tax-exempt if specified conditions are met. Part 8: Excise Tax on Amounts of Private Excess Benefits - Imposes a 25 percent tax (which shall be paid by the disqualified person) on any transaction from which an economic benefit is provided by a tax-exempt organization directly or indirectly to a disqualified person, if the value of the benefit provided exceeds the value of the consideration. Sets forth additional reporting requirements for 501(c)(3) organizations. Requires an exempt organization to make available a copy of its return. Requires any solicitation of an organization that refers to itself as nonprofit, when it is not exempt from tax, to contain an express statement that it is not exempt from tax. Imposes a penalty for failure to disclose. Subtitle G: Reform of the Earned Income Tax Credit - Repeals the earned income credit for individuals without children. Increases the phaseout rates. Includes in adjusted gross income the following nontaxable items, not previously included, for purposes of determining eligibility for the credit: (1) pension, annuity, and individual retirement plan income; and (2) social security benefits. Denies the credit to individuals not authorized to be in the U.S. Subtitle H: Increase in Public Debt Limit - Increases the statutory limit on the public debt. Subtitle I: Coal Industry Retiree Health Equity - Repeals the reachback provisions of the coal industry's health benefit system. Title XIV: Committee on Ways and Means: Tax Simplification - Tax Simplification Act of 1995 - Subtitle A: Provisions Relating to Individuals - Part 1: Provisions Relating to Rollover of Gain on Sale of Principal Residence - Allows gain to be rolled over from one residence to another in the order the residences are purchased and used, regardless of reasons for the sale of the old residence. Sets forth a two-year residence rule for taxpayers who sell a residence pursuant to a divorce or marital separation for purposes of determining the rollover of gain on the sale of a principal residence. Part 2: Other Provisions - Permits the payment of taxes by any commercially acceptable means deemed appropriate by the Secretary. Establishes a foreign tax credit limitation for individuals whose gross income is from sources outside the United States, consists entirely of qualified passive income, and the amount of creditable foreign taxes does not exceed $200. Excludes certain personal transactions from foreign currency rules. Provides that the amount allowed as a deduction to rural mail carriers for the business expense of a vehicle shall be equal to qualified reimbursements. Amends the Technical and Miscellaneous Revenue Act of 1988 to repeal the rule on the business use of automobiles by rural mail carriers. Limits the exclusion of combat pay from withholding to the amount excludable from gross income. Subtitle B: Pension Simplification - Part 1: Simplified Distribution Rules - Repeals: (1) the $5,000 the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions. Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. Part 2: Increased Access to Pension Plans - Modifies certain simplified employee pensions with respect to allowable participants and participation requirements. Allows local governments and tax-exempt organizations to maintain cash or deferred arrangements. Part 3: Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner or who has compensation from the employer in excess of $80,000. Repeals the family aggregation rules. Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. Modifies the present nondiscrimination test applicable to simplified employee pension plans to provide that the average deferral percentage for nonhighly compensated employees for the preceding year is to be used. Part 4: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Establishes a contribution limit for owner-employees of retirement plans. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59 and one-half. Modifies the treatment of governmental plans with respect to limits on contributions and benefits. Makes the social security retirement age the uniform retirement age for purposes of discrimination testing. Makes uniform the penalty provisions applicable to certain pension reporting requirements. Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. Amends the Uruguay Round Agreements Act to provide a transition rule for computing maximum benefits for qualified plans. Permits a participant and, if applicable, the participant's spouse to waive the minimum period for the joint and survivor annuity explanation before the annuity starting date. Repeals the combined limit for participants in both a defined contribution plan and a defined benefit plan maintained by the same employer. Subtitle C: Treatment of Large Partnerships - Part 1: General Provisions - Establishes special rules for large partnerships (250 or more partners) with respect to: (1) determining the income tax of a partner; (2) computing the taxable income of a large partnership; and (3) treatment of contributed property. Provides that a large partnership does not include one where: (1) substantially all of the activities involve the performance of personal services by individuals owning interests in such partnerships; or (2) 25 percent or more of partnership assets consist of oil or gas properties. Establishes simplified audit procedures for large partnerships. Requires a partner's return to be consistent with the partnership return. Allows partnerships to take adjustments into account through an imputed underpayment procedure or a flow-through-to-partners procedure. Authorizes and directs the Secretary to make adjustments at the partnership level in any partnership item to the extent necessary to have such item treated in the manner required, after notifying the partnership of such adjustment through certified or registered mail. Specifies certain restrictions on such adjustments. Provides for judicial review of such adjustment with the Tax Court, the appropriate district court, or the Court of Federal Claims. Prohibits any adjustments from being made three years after the later of the date on which the return was filed, or the last day for filing such return, except in specified cases. Allows a partnership to file a request for an administrative adjustment of partnership items during such time periods and provides for judicial review where such request is not allowed in full. Requires large partnerships to furnish information returns to partners by the first March 15 following the close of the partnership's tax year. Authorizes the Secretary to require large partnerships, or any other partnership with 250 or more partners, to file their returns on magnetic media. Part II: Provisions Related to Certain Partnership Proceedings - Revises and sets forth new provisions relating to partnership proceedings. Provides for a declaratory judgment procedure in the Tax Court for treatment of non-partnership items with respect to an oversheltered return. Describes an oversheltered return as one which above no taxable income and a net loss from partnership items. Provides for the partnership return to be determinative of the audit procedure to be followed. Suspends the period of limitations for making assessments for a partner who is named in a bankruptcy petition. Provides a special rule for a tax matters partner in bankruptcy. Permits a small partnership to have a C corporation as a partner. Excludes a partial settlement agreement from the one-year limitation on assessment. Provides that if a TEFRA statute extension agreement is entered into, that agreement also extends the statute of limitations for filing refund claims until six months after the expiration of the limitations period for assessments. Provides a prepayment forum and a refund forum for raising the innocent spouse defense in TEFRA cases. Provides that partnership level proceedings include a determination of the applicability of penalties at the partnership level. Allows partners to raise any partner-level defenses in a refund forum. Specifies that an action to enjoin premature assessments of deficiencies attributable to partnership items may be brought in the Tax Court. Permits a party to appear before a court for the sole purpose of asserting that the period of limitations for assessing any tax attributable to partnership items has expired for that person. Provides for the treatment of premature petitions filed by notice partners or five-percent groups. Provides that the amount of the bond to stay assessment and collection should be based on the Tax Court's estimate of the aggregate liability of the parties to the action (and not all of the partners in the partners in the partnership). Suspends interest where there is a delay in computational adjustment resulting from TEFRA settlements. Grants a partner seven years (in lieu of three years) to request an administrative adjustment with respect to bad debts or worthless securities. Subtitle D: Foreign Provisions - Part 1: Modifications to Treatment of Passive Foreign Corporations - Modifies passive foreign investment company provisions and allows a mark-to-market election by a shareholder of such company. Provides, in general, that a corporation shall not be treated with respect to a shareholder as a passive foreign investment company during the qualified portion of such shareholder's holding period with respect to stock in such corporation. Provides, in general, that in the case of marketable stock in a passive foreign investment company which is owned by a U.S. person such person may elect: (1) if the fair market value of such stock exceeds its adjusted basis, to include in gross income an amount equal to the amount of such excess; or (2) if the adjusted basis of such stock exceeds the fair market value of such stock, a deduction equal to the lesser of the amount of the excess or the unreserved inclusions with respect to such stock. Modifies the definition of passive income. Part 2: Treatment of Controlled Foreign Corporations - Provides that if a controlled foreign corporation sells or exchanges stocks in other foreign corporations, then gain recognized on such sale or exchange shall be included in the gross income of such corporation as a dividend to the same extent that it would have been included if such corporation were a U.S. person. Revises provisions concerning: (1) determining pro rata share of gain from certain sales or exchanges of stock in certain foreign corporations; (2) basis adjustments in stock held by lower-tier foreign corporations; (3) determination of previously taxed income in redemptions through use of related corporations; and (4) treatment of branch profits tax exemptions or reductions. Extends the application of the indirect foreign tax credit to certain controlled corporations below the third tier. Repeals Code provisions concerning earnings invested in excess passive assets. Part 3: Other Provisions - Establishes new rules for the translation of certain accrued foreign taxes. Modifies present rules for translating all other foreign taxes. Permits the use of the simplified limitation on the foreign tax credit in determining the alternative minimum tax foreign tax credit. Modifies the excise tax on outbound transfers to avoid income tax. Increases from five to ten percent the threshold for the information reporting by U.S. persons of their ownership of stock in a foreign corporation. Provides for the treatment of a prize or award received by a nonresident alien by reason of participating in an amateur sports competition in the U.S. Subtitle E: Other Income Tax Provisions - Part 1: Provisions Relating to S Corporations - Increases from 35 to 75 the number of eligible S corporation shareholders. Permits an electing small business trust to be a shareholder of an S corporation. Defines electing small business trust. Expands from 60 days to two years the post-death holding period for testamentary trusts in an S corporation. Expands the definition of "post-termination transition period" to include the 120 day period beginning on the date of any determination pursuant to an audit which follows the termination of the corporation's election and which adjusts a subchapter S item of income, loss, or deduction arising during the S period. Permits an S corporation to be a member of an affiliated group, thus permitting it to own the stock of a C corporation. Provides that adjustments for distributions by an S corporation during a taxable year are taken into account before applying the loss limitation for a year. Provides that if: (1) a corporation was an electing small business corporation for any taxable year beginning before January 1, 1983; and (2) such corporation is an S corporation for its first taxable year beginning after December 31, 1995, the amount of such corporation's accumulated earnings and profits (as of the beginning of such first taxable year) shall be reduced by an amount equal to the portion (if any) of such accumulated earnings and profits which were accumulated in any taxable year beginning before January 1, 1983, for which such corporation was an electing small business corporation under subchapter S. Permits the carryover of disallowed losses and deductions under the at-risk rules. Part 2: Provisions Relating to Regulated Investment Companies - Repeals the requirement that less than 30 percent of the gross income of a regulated investment company be derived from the sale or disposition of any of the following which were held for less than three months: (1) stocks or securities; or (2) options, futures, or forward contracts (other than those on foreign currencies). Part 3: Provisions Relating to Real Estate Investment Trusts - Revises provisions concerning the requirements for, and the taxation of, a REIT (real estate investment trust) including: (1) rules relating to the determination of ownership (requires compliance with specified regulations and sets penalties for noncompliance); (2) compliance with closely held prohibition provisions (factors in knowledge of being closely held; (3) definition of rents from real property (excludes and defines impermissible tenant service income); (4) the taxation of capital gains (requires shareholders to include such long-term gains as the trust designates); (5) repealing the 30 percent gross income requirement concerning income derived from the sale of stock and other property; (6) lengthening the grace period with respect to foreclosed property; (7) treating income from all hedges that reduce the interest rate risks as qualifying income; (8) revising safe harbor provisions; and (9) permitting a 100 percent REIT-owned corporation to qualify as a subsidiary, regardless of whether it was always owned by the REIT. Part 4: Accounting Provisions - Revises the look-back method for long-term contracts and provides that for purposes of such method, only one rate of interest is to apply for each accrual period. Permits a securities trader to use the mark to market accounting method. Modifies special rules concerning: (1)nuclear decommissioning costs; and (2) crop insurance proceeds and disaster payments. Permits partnerships and S corporations to use a fiscal year on the condition that quarterly payments are made. Sets a quarterly underpayment penalty. Part 5: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception if the spending requirements of that exception are otherwise satisfied. Repeals the debt service-based limitation on investment in certain nonpurpose investments. Repeals certain expired provisions. Part 6: Insurance Provisions - Provides for the treatment of life insurance variable contracts on retired lives and sets forth special rules for modified guaranteed contracts. Part 7: Other Provisions - Provides that the taxable year of a partnership closes with respect to a partner whose entire interest in the partnership terminates, whether by death, liquidation, or otherwise. Makes the employer FICA credit for employee tips available whether or not the employee reported such income. Revises provisions concerning: (1) the due date for first quarter estimated tax payments by foundations; and (2) the treatment of dues paid to agricultural or horticultural organizations. Subtitle F: Estates and Trusts - Part 1: Income Tax Provisions - Provides an irrevocable election to treat certain revocable trusts as part of the estate. Makes the separate share rules available to estates. Limits the taxable year of an estate to a year ending on October 31, November 30, or December 31. Repeals certain throwback rules applicable to domestic trusts. Provides for the treatment of, as well as defines, a qualified funeral trust. Part 2: Estate and Gift Tax Provisions - Allows the right of recovery with respect to qualified terminable interest property to be waived in a will only by specific reference. Provides that a transfer from a revocable trust within three years of death does not result in the inclusion of the transfer in the gross estate. Revises the qualified terminable interest rules with respect to a trust and the marital deduction. Provides that a trust created before the enactment of the Revenue Reconciliation Act of 1990 is treated as satisfying the withholding requirement if its trust instrument require that all trustees be U.S. citizens or domestic corporations. Directs the Secretary to prescribe procedures which provide that executors will have the opportunity to submit subsequent information on a recapture agreement in the filing of an estate tax return. Increases the unified credit of a decedent by the unified credit of a spouse used on a split gift included in the decedent's gross estate. Permits the marital deduction with respect to a defective power of appointment or qualified terminable interest property trust, if there is a qualified reformation of the rust to correct the defect. Prohibits the revaluation of a gift for which the statute of limitations period has passed for purposes of determining the estate tax bracket and the unified credit. Defines trust for the purposes of a qualified domestic trust to include, to the extent provided in regulations prescribed by the Secretary, other arrangements having substantially the same effect as a trust. Part 3: Generation-Skipping Tax Provisions - Provides that if a trust holding property having an inclusion ratio of greater than zero is severed in a qualified severance, at the election of the trustee of such trust, the trusts resulting from such severance shall be treated as separate trusts for purposes of the tax on generation- skipping transfers. Excludes from the definition of taxable termination a direct skip. Sets forth a special rule for persons with a deceased parent for purposes of the generation-skipping transfer tax. Subtitle G: Excise Tax Simplification - Part 1: Provisions Related to Distilled Spirits, Wines, and Beer - Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. Permits records of exportation to be maintained by the exporter for purposes of canceling or crediting bonds furnished when distilled spirits are removed from bonded premises. Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. Allows beer to be transferred without payment of tax from a brewery to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. Repeals the requirement that wine returned to bonded premises be unmerchantable in order for tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more. Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. Allows beer to be removed from a brewery without payment of tax for purposes of destruction. Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. Part 2: Consolidation of Taxes on Aviation Gasoline - Provides for the imposition of entire the aviation gasoline excise tax upon removal from a terminal facility. Part 3: Other Excise Tax Provisions - Authorizes the exemption from registration requirements of certain tax-free sales. Provides certain activities, including the removal of a fifth wheel, will not constitute manufacture with respect to the retail sales tax for a truck or tractor chassis. Repeals expired provisions concerning piggy-back trailers and deep seabed mining. Subtitle H: Administrative Provisions - Part 1: General Provisions - Repeals the authority to disclosure whether a prospective juror has been audited. Provides an explanation of the statute of limitations with respects to the return of a taxpayer. Allows corporations to disregard any letter or notice of assessment or proposed assessment of tax if the deficiency or proposed deficiency is less than $100,000. Permits any Commonwealth to provide for income tax withholding for Federal employees. Part 2: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. Provides that a taxpayer who seeks an award of administrative costs must apply for such costs with 90 days of the date on which the taxpayer was determined to be a prevailing party. Provides that a taxpayer who appeals a denial of administrative costs must petition the Tax Court within 90 days after the date that the IRS mails the denial notice. Provides that a taxpayer must file a motion (rather than a petition) to seek a redetermination of interest in the Tax Court. Provides that the net worth limitations applicable to individuals also apply to estates and trusts. Provides that individuals who file a joint tax return shall be treated as one individual for purposes of computing the net worth limitations. Part 3: Authority for Certain Cooperative Agreements - Authorizes the Secretary to enter into cooperative agreements with State tax authorities for purposes of enhancing joint tax administration. Title XV: Preserving, Protecting, and Strengthening Medicare - States that H.R. 2425 as passed by the U.S. House of Representatives (Medicare Preservation Act of 1995) is hereby enacted into law. Title XVI: Transformation of the Medicaid Program - Medicaid Transformation Act of 1995 - Amends the Social Security Act (SSA) to: (1) add a new title XXI (MediGrant Program for Low-Income Individuals and Families); and (2) terminate the current Medicaid program, which the new MediGrant program shall replace. Gives such new program the stated purpose of providing block grants to States to enable them to provide medical assistance to certain eligible low-income individuals and families in a more effective, efficient, and responsive manner. Prescribes general requirements for State Medigrant plans containing certain State-developed strategic objectives and performance goals. Prohibits coverage denials on the basis of a preexisting condition. (Sec. 1601) Outlines major program components, which include: (1) a separate fraud prevention program along with State Medigrant fraud control units; (2) a Medigrant Task Force and associated advisory group with specified duties; (3) funding set-asides for certain targeted population groups, including low-income families, low-income elderly and low-income-disabled, with specified uses for residual funds; (4) payment limitations and prohibitions with regard to abortions and euthanasia services, respectively; (5) State MediGrant fraud control units; (6) quality assurance standards for and certification of certain nursing facilities; and (7) a master manufacturer rebate program with regard to covered outpatient drugs (including extra rebates for single source drugs and innovator multiple source drugs). Places limitations on coverage of drugs by States participating in an agreement under such program. Declares that nothing in the new title XXI shall be construed as: (1) creating an entitlement under Federal law in any individual or category of individuals for medical assistance under a MediGrant plan; or (2) making requirements for a State with respect to benefits, provider payments, geographical coverage area, or selection of providers. Declares that no person shall have a cause of action under Federal law against a State in relation to a State's compliance (or failure to comply) with the provisions of this title or of a MediGrant plan. Sets forth various miscellaneous provisions, including those regarding plan administration with advisory committee assistance with regard to plan development, revision, and evaluation and for the submittal and approval of plan amendments. Details premium and cost- sharing under the new program. Provides additional payment exclusions for nonemergency medical services for unlawful aliens. Requires annual plan audits under the program. Mandates State enactment of certain described laws with regard to medical child support for States with an approved MediGrant plan. Details the process for States to withdraw from the new MediGrant program. Provides sanctions for substantial noncompliance by a plan with the requirements of this title. Terminates the current Medicare program for the distribution of pediatric vaccines. Title XVII: Abolishment of Department of Commerce - Department of Commerce Dismantling Act - Subtitle A: Abolishment of Department of Commerce - Abolishes the Department of Commerce (DOC) as of September 30, 1996, (or six months after enactment of this Act, whichever is earlier), and transfers its functions and employees to the Office of Management and Budget (OMB). (Sec. 17103) Declares that the Director of OMB, through the Office of Programs Resolution, shall be responsible for the administration and wind-up of any outstanding affairs of the DOC. (Sec. 17104) Establishes the Office of Programs Resolution in the OMB. (Sec. 17109) Directs the OMB to privatize each DOC function transferred to it that is designated for privatization under subtitle B. (Sec. 17110) Amends Federal law to require each affected agency to establish an agencywide priority placement program to facilitate employment placement for employees separated from service due to a reduction in force (RIF) resulting from this Act. (Sec. 17111) Limits annual expenditures for any function transferred but not terminated by this Act to 75 percent of FY 1995 expenditures. Subtitle B: Disposition of Various Programs, Functions, and Agencies of Department of Commerce - Amends the Public Works and Economic Development Act of 1965 to abolish the Economic Development Administration of the DOC and transfer its functions to the Administrator of the Small Business Administration (SBA). (Sec. 17201) Authorizes the Administrator (currently, the Secretary of Commerce) to make direct and supplementary grants to States and other entities for public works and development facilities projects. Authorizes the Administrator to provide special economic development and adjustment assistance through grants to help State and local areas meet special needs arising from actual or threatened severe unemployment arising from economic dislocation (including defense base closures and realignments) and economic adjustment problems resulting from severe economic conditions. Authorizes the Administrator also to provide technical assistance, market research, and information to alleviate conditions of excessive unemployment or underemployment to areas with a substantial need. Authorizes the Administrator to make direct grants to States, cities, or other political subdivisions, or sub-State planning and development organizations to pay up to 50 percent of the cost for economic development planning. Sets forth eligibility requirements for such assistance, including submission of an investment strategy by eligible recipients. Authorizes the Administrator to designate economic development districts and economic development centers for economic development assistance provided certain criteria are met. Sets forth administrative provisions. Authorizes appropriations. Directs the Comptroller General to submit to the Congress a plan for consolidating Federal economic development programs. (Sec. 17202) Terminates the Technology Administration and the Office of Technology Policy. Renames the National Institute of Standards and Technology the National Bureau of Standards, and transfers it to the National Institute for Science and Technology (NIST) established by this Act. Transfers all functions of the National Technical Information Service (NTIS) to the Director of Office of Management and Budget (OMB) for privatization. (Sec. 17203) Transfers, on an interim basis, all functions of the Secretary of Commerce with respect to the Bureau of the Census to the Director of OMB. Transfers, after the interim period, the the Bureau of the Census to the Department of Labor. (Sec. 17204) Transfers the functions of the Bureau of Economic Analysis to the Secretary of Labor, and consolidate its functions with those of the Bureau of Labor Statistics. Limits annual expenditures for any function not terminated by this section to 75 percent of FY 1995 expenditures. (Sec. 17205) Terminates specified functions of the National Telecommunications and Information Administration (NTIA). Transfers: (1) all NTIA laboratories to the Director of OMB for privatization; and (2) all functions of NTIA concerning research and analysis of the electromagnetic spectrum to the Director of the National Bureau of Standards. Transfers all other remaining functions of NTIA to the United States Trade Representative (USTR). Abolishes the NTIA. (Sec. 17206) Prohibits the appropriation of funds for specified National Oceanic and Atmospheric Administration (NOAA) programs and accounts. Transfers NOAA aeronautical mapping and charting functions to the Defense Mapping Agency. Directs such agency to terminate any functions that are performed by the private sector. Transfers NOAA functions relating to mapping, charting, and geodesy to the Director of the U.S. Geological Survey. Requires the Director to terminate functions performed by the private sector. Transfers all functions and assets of NOAA that were performed by the National Environmental Satellite, Data, and Information System (NESDIS) and the Office of Oceanic and Atmospheric Research (OAR) to the NIST. Transfers all functions of the National Weather Service (NWS) to NIST. Limits the number of NOAA commissioned officer for FY 1996. Terminates the Corps after FY 1996. Abolishes the Office of the NOAA Corps of Operations and the Commissioned Personnel Center, effective September 30, 1996. Directs the Administrator of NIST to enter into contracts for the use of vessels to conduct oceanographic research and fisheries research, monitoring, enforcement, and management, and to acquire other data necessary to carry out NOAA missions. Directs the Administrator to transfer excess vessels to the National Defense Reserve Fleet. Transfers to the NIST all functions of: (1) the National Marine Fisheries Service; and (2) the National Ocean Service. Transfers coastal nonpoint pollution control functions of the Secretary of Commerce to the Administrator of the Environmental Protection Agency (EPA). (Sec. 17207) Establishes the NIST as an independent Federal agency to be administered by an Administrator of Science and Technology. Transfers to the NIST all functions of: (1) NOAA; (2) the National Bureau of Standards; and (3) the Office of Space Commerce. Terminates specified NOAA agencies and positions. Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1995 expenditures. (Sec. 17208) Terminates specified DOC agencies and programs, including the Minority Business Development Administration, the U.S. Travel and Tourism Administration, the Advanced Technology Program, the Manufacturing Extension Programs, and the National Institute of Standards and Technology METRIC Program. Imposes a terminal moratorium on such agency and program activities. Subtitle C: Office of United States Trade Representative - Chapter 1: General Provisions - Sets forth specified definitions. Chapter 2: Office of United States Trade Representative - Subchapter A: Establishment - Establishes an independent Office of the United States Trade Representative (Office) (currently part of the Executive Office of the President), to be headed by the United States Trade Representative (USTR). Declares that the Office shall be the successor to the Department of Commerce for purposes of protocol. (Sec. 17312) Directs the USTR, in addition to current duties, to: (1) establish a national export strategy; (2) promote new opportunities for U.S. products and services to compete in the world marketplace; (3) assist small businesses in developing export markets; (4) consult and cooperate with State and local governments and other interested parties on international trade matters; (5) promote cooperation among business, labor, and Government to improve industrial performance and the ability of U.S. industries to compete in international markets; and (6) monitor and enforce foreign government compliance with international trade agreements to protect U.S. interests. Makes the USTR a member of the National Security Council and the National Economic Council, as well as chairperson of the Trade Promotion Coordinating Council and Deputy Chairman of the National Advisory Council on International Monetary and Financial Policies. Subchapter B: Officers - Establishes the officers of the Office, including a Deputy Administrator, two Deputy USTRs, and a Director General for Export Promotion. Subchapter C: Transfers to the Office - Transfers to the USTR all functions of: (1) the current USTR and the Office of the USTR in the Executive Office of the President; (2) specified officers and employees of the Department of Commerce; and (3) the Secretary of Commerce relating to the Export-Import Bank of the United States. Transfers all functions of: (1) the Director of the Trade and Development Agency to the Director General for Export Promotion; and (2) the Trade and Development Agency to the Office of the Director General for Export Promotion. (Sec. 17334) Amends the Export-Import Bank Act of 1945 to revise the composition of the Board of Directors of the Export-Import Bank of the United States, including making the USTR Chairman of the Board. Directs the United States and Foreign Commercial Service to provide such services as the Director General for Export Promotion determines necessary to assist the Bank in its lending, loan guarantee, and insurance activities. (Sec. 17335) Amends the Foreign Assistance Act of 1961 to revise the composition of the Board of Directors of the Overseas Private Investment Corporation, including making the USTR Chairman of the Board. (Sec. 17336) Directs the President to transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion and export financing activities and transfer them to the Office. (Sec. 17337) Amends the North American Free Trade Agreement Implementation Act to terminate at the end of FY 1995 the authorization of appropriations for: (1) the United States Section of the North American Free Trade Agreement (NAFTA) Secretariat; and (2) the U.S. contribution to the Border Environment Cooperation Commission. Transfers functions of the Committee for the Implementation of Textile Agreements (CITA) to: (1) the USTR; and (2) the International Trade Commission (ITC) (as they relate to the assessment of the impact of textile imports on domestic industry). Abolishes the CITA. Subchapter D: Administrative Provisions - Sets forth administrative provisions, including establishment of a working capital fund. Subchapter E: Related Agencies - Amends the Trade Expansion Act of 1962 to revise the composition of the Interagency Trade Organization to replace the Secretary of Commerce with representatives of such other Federal agencies as the USTR shall designate. (Sec. 17362) Amends the National Security Act of 1947 to include the USTR in the National Security Council. (Sec. 17363) Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the USTR with respect to trade matters under consideration by the Fund. Subchapter F: Conforming Amendments - Makes conforming amendments to the Trade Act of 1974. (Sec. 17371) Amends the Foreign Service Act of 1980 to authorize the USTR (currently, the Secretary of Commerce) to utilize the Foreign Service personnel system with respect to certain personnel. Subchapter G: Miscellaneous - Sets forth effective dates. (Sec. 17382) Provides for interim appointments and personnel as well as funding reductions. Subtitle D: Patent and Trademark Office Corporation - Patent and Trademark Office Corporation Act of 1995 - Chapter 1: Patent and Trademark Office - Establishes the Patent and Trademark Office as a wholly owned Government corporation. Requires the Office to maintain an office in the district in which its principal office is located. Authorizes the Office to retain and use all of its revenues and receipts in carrying out its functions, subject to provisions of the Omnibus Budget Reconciliation Act of 1990. (Sec. 17413) Vests management of the Office in the Commissioner of Patents and Trademarks, who shall be appointed by the President for a five-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall not be subject to provisions governing Federal employees, with specified exceptions. Sets forth provisions regarding retirement, health benefits, life insurance, the Employees' Compensation Fund, and a requirement that the Office offer a specified minimum number of life and health insurance policies. Directs the Office to: (1) develop labor relations and employee relations programs with the objective of improving productivity and efficiency, based on specified guidelines; and (2) adopt all labor agreements which are in effect as of the day before the effective date of this Act, with respect to such Office. Sets forth provisions regarding personnel, accumulated leave, termination rights, continuation in office of certain officers, competitive status, and savings provisions. (Sec. 17414) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner. (Sec. 17415) Repeals provisions subjecting the Commissioner's performance to the direction or approval of the Secretary of Commerce. (Sec. 17416) Amends the Trademark Act of 1946 to revise the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members. (Sec. 17417) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions which are vested in the Office by this subtitle. Chapter 2: Effective Date; Technical Amendments - Makes this subtitle effective six months after its enactment. (Sec. 17432) Makes technical and conforming amendments. Subtitle E: Miscellaneous Provisions - Sets forth administrative provisions. Title XVIII: Welfare Reform - Provides that H.R. 4 (Personal Responsibility Act of 1995) as passed by the U.S. House of Representatives is enacted with certain technical amendments deeming State plan submissions under new SSA title IV part A (Block Grants for Temporary Assistance for Needy Families) to be acceptance of certain grant limitations. (Sec. 18001) Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for FY 1996 through 2002. Makes certain technical amendments to the Child Nutrition Act of 1966 pertaining to a limitation on State obligation allotments for FY 1996 through 2000, with similar technical changes under the National School Lunch Act. Title XIX: Contract With America-Tax Relief - Enacts Title VI (Contract With America Tax Relief Act of 1995) of H.R. 1215 (Tax Fairness and Deficit Reduction Act of 1995) of the 104th Congress as passed by the House of Representatives with modifications, including: (1) striking subtitle E (Social Security Earnings Test); (2) striking part III (Alternative Minimum Tax Relief) of subtitle C (Job Creation and Wage Enhancement); and (3) striking the redesignated subtitle F (Tax Reduction Contingent on Deficit Reduction) and inserting in its place a revised subtitle F (with the same name). Provides, under such revised subtitle F, for the: (1) definition of the term net modified chapter 1 liability and provides for the determination of such amount; (2) lowering of the 50 percent capital gains deduction for taxpayers other than corporation to 34.5 percent and of the 31.9 percent alternative capital gains tax for corporations to 25 percent; and (3) revision of provisions affecting the American Dream Savings Account, the alternative minimum tax, and the estate and gift tax. Title XX: Budget Enforcement - Seven-Year Balanced Budget Enforcement Act of 1995 - Amends the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 to provide for the enforcement of deficit reduction by extending and reducing the discretionary spending limits and permanently extending the pay-as-you-go requirements. Prohibits Medicare savings from being used to account for tax reductions. Sets forth special rules applicable to Department of Defense sequestration. Provides for the treatment of direct student loans.
Bill· SS. 1345 (104th)open
United States · United States Congress · 19 October 1995
TABLE OF CONTENTS: Title I: Veterans Health-Care Programs Part A: Reform of the Health Care Eligibility System Part B: General Program Administration Improvements Title II: Benefit Programs Part A: Loan Guaranty Program Part B: Education Programs Department of Veterans Affairs Improvement and Reinvention Act of 1995 - Title I: Veterans Health-Care Programs - Part A: Reform of the Health Care Eligibility System - Directs the Secretary of Veterans Affairs to furnish health care (currently, only hospital, nursing home, and domiciliary care) to veterans in a specified order of priority, with first priority given to veterans having compensable service-connected disabilities, former prisoners of war, those whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty, and those who are in receipt of or entitled to disability compensation (with a limitation). Defines "health care" as the most appropriate treatment for the patient in the most appropriate setting, including hospital, nursing home, domiciliary, outpatient, rehabilitative, home, respite, preventive, and dental care. Authorizes the Secretary to furnish the following care to veterans not listed under the priorities: hospital, nursing home, respite, home, and domiciliary care. Authorizes the Secretary to establish additional priorities. Authorizes the Secretary to furnish health care to other veterans with attributable incomes greater than a specified threshold, as long as such a veteran agrees to pay a copayment applicable to hospital, nursing home, and outpatient care. Provides payment requirements and exceptions in the case of a veteran who is admitted for hospital or nursing home care after having been furnished nursing home or hospital care, respectively, for less than 90 days during the previous 365-day period for which such veteran has paid all required copayments. (Sec. 103) Directs the Secretary to furnish hospital care, and authorizes the Secretary to furnish other health care, to the following veterans for any disability, notwithstanding the fact that there is insufficient medical evidence to conclude that their disability may be or is associated with the exposure: (1) veterans who served on active duty in Vietnam who may have been exposed to dioxin or a toxic substance found in a herbicide or defoliant used there; (2) veterans exposed to ionizing radiation during nuclear testing during World War II; and (3) veterans who may have been exposed to a toxic substance or environmental hazard while serving during the Persian Gulf War. Provides time limits for the provision of certain care. (Sec. 104) Authorizes the Secretary to furnish specified mental health services, consultation, professional counseling, and training to members of the immediate family of a patient who is either a veteran or a dependent or survivor receiving health care through the Department of Veterans Affairs. Authorizes the provision of certain bereavement counseling to recipients of such services upon the death of a veteran or a survivor or dependent. (Sec. 105) Authorizes the Secretary to: (1) procure medical equipment or prosthetic and similar devices by purchase or manufacture; (2) repair or replace any prosthetic or orthotic device or similar appliance of a veteran which was damaged by a fall or other accident caused by a compensable service-connected disability; and (3) furnish devices for assisting in overcoming deafness to any veteran who is profoundly deaf and entitled to compensation due to a hearing impairment. (Sec. 106) Authorizes the Secretary, under specified conditions and limitations, to furnish certain dental services to a veteran who is receiving hospital, nursing home, or domiciliary care in a Department facility. Directs the Secretary of the military department concerned, within specified periods after an individual's discharge or release from active duty, to provide to such individual a written explanation of his or her eligibility for dental care due to a dental condition which is service-connected but not compensable. Limits to $1,000 the total amount which may be expended for furnishing outpatient dental care to a veteran through private facilities for which the Secretary has contracted, with an exception. Requires the Secretary to report to the appropriate congressional committees in any fiscal year in which funds used for the provision of contracted dental care services are not sufficient to furnish all dental care required for such veterans. Requires service-connected but noncompensable dental care provided under this section to be furnished on a one-time completion basis unless such services are found unacceptable under professional standards. Allows dental appliances required for such care to be procured either by purchase or manufacture. (Sec. 107) Allows the Secretary to furnish improvements and structural alterations to a veteran's home, but only if necessary to assure the continuation of treatment or to provide access to the home or to essential lavatory and sanitary facilities. Limits the cost of such improvements and alterations. (Sec. 108) Directs the Secretary, to the extent provided in advance in appropriation Acts, to furnish to each veteran who is receiving compensation for a service-connected disability or an increased pension as a veteran of a period of war by reason of being permanently housebound or in need of regular aid and attendance, such drugs and medicines as may be ordered by prescription as specific therapy in the treatment of any illness or injury suffered by such veteran. Allows the Secretary to authorize the administration of immunizations to eligible veterans who voluntarily request them in connection with the provision of care for a disability in any Department health care facility. (Sec. 109) Repeals a Federal provision which allows the direct admission for nursing home care in a non-Department facility for veterans requiring such care for a service-connected disability. (Sec. 110) Authorizes the Secretary to furnish residential care to veterans when such care would be an alternative to continued hospital care in a Department facility. Limits such care to: (1) veterans who have no resources to pay for such care; and (2) 90 days during any 12-month period. Provides situations under which the Secretary is authorized to assist in the placement of non-qualifying veterans in community residential-care facilities. (Sec. 111) Authorizes the Department to enter into agreements for the sharing of health-care resources (currently, only specialized medical resources) with non-Department health care providers. (Sec. 112) Authorizes appropriations to carry out Federal provisions concerning hospital, nursing home, and domiciliary care and medical treatment for veterans. Part B: General Program Administration Improvements - Increases, beginning on January 1, 1995, the income thresholds used to determine the eligibility of veterans for needs-based benefits. Requires such thresholds to be increased on January 1, 1996, and thereafter by the applicable percentage increase in benefit amounts payable under title II (Old age, survivors and disability insurance) of the Social Security Act. (Sec. 121) Allows the Department to: (1) retain a specified amount of funds collected from primary insurers for the care of veterans in Department facilities; and (2) use such funds to improve the quality of health care provided. Title II: Benefit Programs - Part A: Loan Guaranty Program - Repeals a provision requiring the Secretary to report annually to the Congress concerning the manufactured housing loan program (a program which provides Department-guaranteed loans to veterans for the purchase of manufactured homes and lots). Prohibits any loan closed after September 30, 1995, from being guaranteed under such program. (Sec. 202) Repeals provisions referring to authorized loan fees for loans made to veterans under the manufactured housing loan program. (Sec. 203) Authorizes the Secretary to contract with a private entity for the servicing of guaranteed housing and small business loans made to veterans. Limits the contract term to 15 years. Part B: Education Programs - Authorizes the Secretary to require that any report or certification required to be submitted to the Department with respect to eligibility or benefits under the veterans' educational assistance program be submitted electronically by a suitable means, including a digital signature of the certifying or reporting party (which will be considered an original signature). Authorizes the Department to use such data in establishing or verifying the eligibility or continued eligibility of veterans for education benefits through the Department. (Sec. 211) Authorizes the Secretary to require that veterans' education benefits be paid through electronic funds transfer.
Bill· SS. 1343 (104th)referred
United States · United States Congress · 19 October 1995
Senior Citizens Health Freedom Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to prohibit an eligible organization that contracts with a specific network of providers from limiting the ability of its enrollees to seek at any time items, treatment, and services from out-of-network providers for all covered benefits. Provides that an eligible organization shall reimburse enrollees for a certain percentage of the reasonable charges incurred for such out-of-network services so long as they are medically appropriate and covered in-network benefits.
Law· HRH.R. 2508 (104th)enacted
United States · United States Congress · 19 October 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Allows consideration, when a new animal drug contains more than one active ingredient or its labeling suggests use of the drug in combination with another animal drug, only of whether any of the active ingredients or any of the drugs in the combination, at the longest withdrawal time of any of the active ingredients or drugs in the combination, exceeds its established tolerance or interferes with the methods of analysis for another of the active ingredients or drugs in the combination. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence;" (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; and (3) provide for the opportunity for a conference to make a decision establishing a submission or an investigational requirement. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
Bill· SS. 1334 (104th)referred
United States · United States Congress · 18 October 1995
Medical Procedures Innovation and Affordability Act - Provides that it shall not be an act of patent infringement for a patient, physician, or other licensed health care practitioner, or a health care entity with which a physician or licensed health care practitioner is professionally affiliated, to use or induce others to use a patented technique, method, or process for performing a surgical or medical procedure, administering a surgical or medical therapy, or making a medical diagnosis. Provides that this Act shall not apply to the use of, or inducement to use, such a patented technique, method, or process by any person engaged in the commercial manufacture, sale, or offer for sale of a drug, medical device, process, or other product that is subject to regulation under the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act.
Bill· HRH.R. 2500 (104th)open
United States · United States Congress · 18 October 1995
TABLE OF CONTENTS: Title I: Remedy Selection and Community Participation Title II: Liability Title III: Brownfields and Voluntary Cleanups Title IV: Natural Resource Damages Title V: State Role Title VI: Federal Facilities Title VII: Miscellaneous Title VIII: Amendments to Oil Pollution Act of 1990 Title IX: Remediation Waste Management Title X: Funding Subtitle A: Expenditures from the Hazardous Substance Superfund Subtitle B: Five-Year Extension of Hazardous Substance Superfund Reform of Superfund Act of 1995 - Title I: Remedy Selection and Community Participation - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to add new provisions establishing a national risk protocol. Requires that risk assessments conducted under the Act: (1) provide scientifically objective and unbiased estimates and characterizations which neither minimize nor exaggerate the nature and magnitude of risks to human health and the environment; (2) distinguish scientific findings from other considerations; and (3) be based on relevant and current scientific, technical, and exposure-related information, including epidemiological data, data on bioavailability, and site-specific information. Requires the President to publish guidelines which, among other requirements, define the use of probabilistic modeling, population risk estimates, and approaches for addressing cumulative potential risks posed by multiple contaminants or multiple exposure pathways. Requires further that the guidelines provide methodology for establishing protective exposure levels that are set, to the extent feasible and scientifically appropriate, at the final 90th percentile of exposure probability distribution. Directs the President to conduct a review and assessment of the health effects values and toxicological profiles of 25 specified hazardous substances considered to be carcinogens. Requires publication of the finalized assessment with explanations of assumptions, inferences, models, and other factors. (Sec. 102) Replaces existing remedial action selection provisions with provisions requiring, among other factors, protection from realistic and significant risks through cost-reasonable means. Adds drinking water standards requirements for remedies. Revises standards for protective remedies and the methods of remediation. Requires consideration of the views of Community Assistance Groups in development of certain recommendations. Requires site-specific risk assessments. Establishes revised procedures for consideration of remedial action alternatives and the factors to be balanced in reaching final decisions, including cost-effectiveness, anticipated uses, and site-specific risk assessments. Allows for generic remedies when demonstrated to be effective. Requires the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner, providing for their inclusion in the next revised National Contingency Plan. Allows a finding of technical impractability on a site-specific analysis basis without a requirement that the remedial measure first be installed and reviewed, unless the analysis is insufficient or inadequate. States that Federal and State procedural requirements shall not apply to response actions conducted on-site. (Current law refers only to permit requirements.) Revises disposal standards. Adds provisions allowing review and comment by States adjoining certain facilities. (Sec. 103) Revises provisions relating to grants for technical assistance to groups affected by release or threatened release of hazardous substances at facilities on the National Priorities List. Sets a funding limit of $20 million annually. Adds provisions for citizen and community participation in the Superfund decisionmaking process. (Sec. 104) Adds provisions establishing Community Assistance Groups (CAGs) to provide views to the President and others on matters related to facility remediation. Limits eligibility for Technical Assistance Grants. (Sec. 105) Adds under the hazard ranking system of the National Contingency Plan for removal of oil and hazardous substances requirements that the President place highest priorities on facilities where there is actual ongoing human exposure at levels of public health concern or demonstrated adverse health effects. (Sec. 106) Removes the requirement for a national registry of serious diseases and illnesses. Specifies that the national registry of persons exposed to hazardous substances is for scientific and public health purposes. Provides that in cases of public health emergencies, exposed persons shall be eligible for referral to accredited medical care providers. (Under current law persons are eligible for admission to Public Health Service facilities.) (Sec. 107) Authorizes the Agency for Toxic Substances and Disease Registry (ATSDR) to conduct health effects studies directly or by cooperative agreements and grants. Allows additional types of research studies by ATSDR. Revises ATSDR health assessment, health studies, information distribution, and other directives. (Sec. 112) Extends emergency removal authority. (Sec. 113) Adds provisions authorizing the President to acquire a hazardous substance easement restricting or controlling the use of land, water, or other natural resources. (Sec. 114) Grants Federal court jurisdiction to review of final decisions regarding the selection of a remedy under CERCLA. Title II: Liability - Amends CERCLA to allow potentially responsible parties (PRPs) to receive a reimbursement from the Fund of 50 percent of cleanup costs incurred after October 18, 1995, for liability due to pre-1987 activity. (Sec. 202) Adds provisions creating liability exemptions and limitations for, among others: (1) pre-1987 de minimis contributors; (2) specified National Priorities List (NPL) municipal landfills; (3) municipal solid waste and sewage sludge, if the person is a homeowner or renter, small business, or small, nonprofit organization; (4) de micromis contributors; (5) facilities acquired by inheritance or bequest; and (6) NPL-site contiguous properties. (Sec. 203) Adds new provisions stating that exemptions and limits of liability shall not apply to any person whose liability is based on an act that was illegal at the time. (Sec. 206) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment. Describes sufficient causes. Sets limitations on authority for pre-enactment releases at non-NPL facilities. (Sec. 207) Adds new provisions on allocations at multi-party facilities, describing when EPA shall initiate the allocation process, the process itself, and post-settlement litigation. (Sec. 210) Amends provisions governing liability of response action contractors. (Sec. 211) Adds provisions authorizing the use of annuity contracts or other financial instruments by PRPs to make payments for response costs. Adds authority for PRP challenges to cost recovery components of a settlement under certain circumstances. (Sec. 213) Amends CERCLA to require EPA to offer final covenants not to sue to settling parties who meet certain requirements and pay a premium. Authorizes discretionary covenants not to sue when in the public interest. (Sec. 214) Revises expedited final settlement procedures. (Sec. 215) Adds provisions exempting recyclers from liability if they make certain threshold demonstrations. Applies such exemptions to scrap paper, plastic, glass, rubber (other than whole tires), metal, and batteries. (Sec. 216) Makes information available to the public after 45 days. Amends confidentiality requirements regarding information obtained by EPA. Title III: Brownfields and Voluntary Cleanups - Adds new provisions requiring the Administrator to provide assistance to State voluntary response programs. (Sec. 302) Adds definitions of "owner or operator" for purposes of determining cleanup liability to exclude holders of indicia of ownership who are primarily protecting a security interest but do not exercise responsibility for the handling of hazardous substances. Modifies liability of fiduciaries. Limits liability to actual benefit. (Sec. 303) Requires that the standards developed by the American Society for Testing and Materials be used to determine whether a defendant qualifies as an innocent landholder. (Sec. 304) Adds provisions limiting Federal enforcement actions under CERCLA for States with approved remedial action programs. (Sec. 305) Details conditions under which a bona fide prospective purchaser shall not be considered liable for response costs. Title IV: Natural Resource Damages - Amends CERCLA to define "restoration," "reasonable restoration measures," "cost-effective," "cost-reasonable," "timely," and "baseline condition." Specifies covered damages, limits of liability, and damage measurement conditions. Title V: State Role - Amends CERCLA to add provisions providing that the Administrator may delegate authority to a State to take action at any or all NPL sites within the State, including Federal facilities. Sets eight categories of authority for delegation. Removes 50 percent cost share requirements in State- or local-operated sites, lowering such requirement to ten percent. Allows State petitions for lower cost shares in certain cases. (Sec. 502) Sets caps on yearly additions to the National Priorities List, prohibiting additions entirely by 2003. (Sec. 503) Revises provisions governing State and local reimbursement for response actions. Title VI: Federal Facilities - Revises existing CERCLA provisions governing the State role at Federal facilities. (Sec. 602) Adds provisions allowing Federal facilities on NPL to be designated by the President for research, development, and application of innovative technologies for remedial action at the facility. Prescribes procedures. Requires reports to the Congress. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government. Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges. States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to Congress. Title VII: Miscellaneous - Revises existing definitions and adds new definitions of terms, including "municipal solid waste" and "construction contractor." (Sec. 703) Requires the EPA Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. Assigns specified functions to the section. (Sec. 706) Revises CERCLA report requirements. Title VIII: Amendments to the Oil Pollution Act of 1990 - Amends the Oil Pollution Act of 1990 to require cost-effective restoration of natural resources and to include natural recovery as a means of natural resource restoration. (Sec. 802) Changes current language to include reasonable and necessary costs and other changes in the measurement of damages. (Sec. 803) Requires the issuance of regulations by August 8, 1998, with requirements for damage assessments and the appointment of a lead trustee under the Oil Pollution Act of 1990. (Sec. 804) Adds definitions, including definitions of "cost- effective," "cost-reasonable," and "timely." Title IX: Remediation Waste Management - Amends the Solid Waste Disposal Act to add a new title on remediation waste management. Exempts remediation waste from hazardous waste and other regulation. Applies the exemption to orders, permits, enforceable agreements, or other remedial action plans issued by EPA or a State. Directs that remedies required under the corrective action program be necessary to protect human health and the environment from realistic risks in a cost-effective and cost-reasonable manner. Enumerates five factors to be balanced in selecting remedies. Requires the final remedy to be based on the current use of land, water, and other resources at the site unless there is a substantial probability of different future uses. Prescribes procedures for the certification of State hazardous waste programs for the management of remediation wastes. States that the effect of certification is that remediation waste shall no longer be considered hazardous waste or, under the Toxic Substances Control Act, toxic waste. Provides for the establishment of EPA remediation waste programs in States without certified programs. Prescribes enforcement provisions, imposing criminal penalties for violations involving remediation waste regulations. Amends the Solid Waste Disposal Act to provide that petroleum-contaminated media and debris from cleanup of leaking underground storage tanks that is hazardous due to organic constituents shall not be considered hazardous waste. Title X: Funding - Subtitle A: Expenditures from the Hazardous Substance Superfund - Revises authority to use the Fund for technical assistance grants, worker training, and other activities. Makes funds available for certain response, removal, remediation, and other costs. Limits natural resource damage funds to $50 million per year for FY 1996-1998 and $100 million annually thereafter. Limits funding for certain administration, oversight, monitoring, evaluation, enforcement, and other activities to 25 percent of the total for FY 1996-1998, and 20 percent for FY 1996 and thereafter. Sets specified other limitations on the use of Fund monies. Authorizes appropriations to the Hazardous Substance Superfund through FY 2000. Subtitle B: Five-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2000. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2000. Extends the repayment deadline. Provides additional sources of funds for Superfund.
Bill· SS. 1324 (104th)referred
United States · United States Congress · 17 October 1995
TABLE OF CONTENTS: Title I: Solid-Organ Transplant Program Title II: Bone Marrow Donor Program Organ and Bone Marrow Transplant Program Reauthorization Act of 1995 - Title I: Solid-Organ Transplant Program - Solid-Organ Transplant Program Reauthorization Act of 1995 - Amends the Public Health Service Act (PHSA) to replace certain provisions relating to organ procurement organizations (OPOs) with provisions authorizing cooperative agreements and contracts to increase organ donation. Revises OPO requirements, including requiring an OPO to be a member of and abide by the rules of the Organ Procurement and Transplantation Network. (Sec. 103) Replaces certain provisions relating to the Network with provisions mandating a contract for the operation of the Network. Requires that the Network be recognized as a private entity that has expertise in organ procurement and transplantation with the primary purposes of encouraging organ donation, maintaining a "wait list," and operating an allocation system. Requires the Network to report continuing noncompliance with Network policies, rules, and requirements. Allows the Network to asses a patient registration fee and a data management fee. Grants the Secretary of Health and Human Services and the Comptroller General access to all data collected. Revises Network requirements. Requires the Network to implement the access recommendations of the evaluation mandated by this Act. (Sec. 104) Revises requirements regarding the terms and conditions of contracts under PHSA organ transplant provisions. (Sec. 105) Modifies requirements regarding a Public Health Service administrative unit that deals with organ procurement activities. Requires that unit to oversee the Network and to oversee the scientific registry mandated by this Act. (Sec. 106) Mandates a contract for an evaluation and a report to the Senate Labor and Human Resources Committee regarding: (1) the role and impact of the Government in the oversight and support of solid-organ transplantation, the Network, and the scientific registry; (2) access to membership on the Network's board and committees. (Sec. 108) Authorizes appropriations to carry out specified organ transplant provisions. Title II: Bone Marrow Donor Program - Bone Marrow Transplantation Program Reauthorization Act of 1995 - Makes the primary purpose of the National Bone Marrow Donor Registry (Donor Registry) increasing unrelated donor marrow transplants. Imposes organizational requirements and revises functions. Authorizes contracts for increasing unrelated allogeneic marrow transplants. Requires the Donor Registry to establish and maintain an office of patient advocacy and case management. Mandates a contract for an evaluation of: (1) the role of a national bone marrow transplant program supported by the Government in facilitating unrelated marrow donor transplants; and (2) other possible clinical or scientific uses of the potential donor pool or accompanying information maintained by the Donor Registry or the unrelated marrow donor scientific registry. Requires evaluations and a report to the Senate Labor and Human Resources Committee on: (1) the feasibility of integrating or consolidating all federally funded bone marrow transplantation scientific registries; and (2) all federally funded bone marrow transplantation research to be conducted under the National Institutes of Health's peer review system. Mandates the establishment and maintenance of a bone marrow scientific registry of all recipients of biologic unrelated allogeneic marrow donors. Authorizes appropriations to carry out Donor Registry provisions.
Bill· SS. 1329 (104th)referred
United States · United States Congress · 17 October 1995
TABLE OF CONTENTS: Title I: Readjustment Assistance Title II: Funding Servicepersons Readjustment Act of 1995 - Title I: Readjustment Assistance - Provides basic educational assistance (BEA) entitlement to individuals who first become members of the armed forces after April 1, 1996. Requires, to be eligible for such BEA, a minimum of two years of continuous active duty for active-duty personnel, unless the individual is discharged or released due to a service-connected disability or voluntarily or involuntarily at the convenience of the Government (with other conditions). Requires a minimum of six years of service for reserve personnel (with other conditions). Requires, in each case, that the individual complete the requirements of the equivalence of a high school diploma during such service and not receive educational assistance under any other military program. Provides exceptions to the minimum service requirements. Requires a reduction from basic pay ($100 monthly for active-duty personnel, $50 for reserve members) for participation in the BEA program. Entitles each individual to one month of BEA benefits for each month of active or reserve duty. Allows all eligible individuals to elect not to participate in the BEA program. Directs the Secretary of Veterans Affairs to pay to each eligible individual a BEA allowance to be used for specified educational purposes (e.g., paying off educational loans or beginning new education or training). Provides the monthly rate of BEA to be paid for active-duty and reserve members. Requires such amounts to be increased in conformity with increases in the Consumer Price Index. Requires an individual to use such BEA within ten years after initial discharge or release from duty. Provides an exception in the case of an individual who was prevented from using such assistance due to a physical or mental disability which was not the result of the individual's own willful misconduct. Bars an individual from receiving duplicative Federal educational assistance benefits. (Sec. 102) Amends the Internal Revenue Code to: (1) provide an income tax credit for the unused portion of BEA benefits which expire during a taxable year; and (2) exclude from gross income any amounts deducted from an individual's basic pay for participation in the BEA program. Title II: Funding - Extends through FY 2000: (1) the requirement that non-service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs; (2) the authority for collection of a $2 copayment from veterans above a minimum income level for prescription medication furnished for outpatient treatment of a non-service-connected condition; (3) certain Department medical care cost recovery authority; (4) the authority of the Secretary to charge and collect a fee for veterans' housing loans guaranteed by the Department; (5) the authority to collect increased loan fees for manufactured housing for veterans; (6) the procedures applicable upon the default of Department-guaranteed loans; (7) the authority under veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs-based benefits; and (8) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and their surviving spouses who have no dependents and reside in Medicaid-participating nursing homes. Repeals a Federal provision which prohibits the withholding of any veterans' benefit payments otherwise due in order to offset any loan made by the Department to such veteran or surviving spouse. Directs the Secretary to phase out and close by the end of FY 1996 Department supply depots located at Somerville, New Jersey; Hines, Illinois; and Bell, California. Requires the transfer of specified supply funds from the Department of Veterans Affairs Revolving Supply Fund to the Treasury for each of FY 1995 and 1996. Amends the Social Security Act to: (1) rename the Medicare and Medicaid Coverage Data Bank as the Health Care Coverage Data Bank; and (2) use such Data Bank to assist in the identification of, and the collection from, third parties responsible for the payment of Department-furnished health care items and services. (Sec. 202) Amends the Legislative Reorganization Act of 1946 to prohibit the annual pay adjustment for members of Congress from exceeding the percentage adjustment for Federal employees under the General Schedule. (Sec. 203) Requires an individual convicted of fraudulently obtaining Federal employee benefits to forfeit any prospective benefits under the Federal Employees' Compensation Act. Prohibits a person from receiving benefits during incarceration for a felony, but allows his or her dependents to be paid a percentage of such benefits during such period. Requires Federal or State agencies to furnish the Secretary of Labor with the names and social security numbers of individuals so confined. Repeals a Federal provision limiting to $100,000 the fine for falsifying statements in order to receive Federal compensation if the total amount of the benefits falsely received does not exceed $1,000. (Sec. 204) Authorizes the Secretary of Labor to assist Federal employees permanently disabled during the performance of duty in seeking or obtaining employment. Authorizes the Secretary to reimburse another employer for employing such an individual. Authorizes the Secretary to expand the Federal Employees' Compensation Act Periodic Roll Management Project to all offices of the Office of Workers' Compensation Program of the Department of Labor. (Sec. 205) Authorizes the Secretary of Energy to sell the: (1) Snettisham Hydroelectric Project to Alaska, pursuant to a specified agreement; and (2) Eklutna Hydroelectric Project to the municipality of Anchorage, under a specified agreement. Continues the exemption of both projects from all provisions of the Federal Power Act, unless a future modification of such projects affects Federal lands not currently used. Outlines provisions concerning: (1) jurisdiction to hear agreement disputes; (2) rights-of-way; (3) authority to select lands under the purchase agreements; and (4) a prohibition against including the Federal lands so conveyed in the Alaska Mental Health Enabling Act or any related law. Directs the Secretary of Energy, within one year of such sales, to: (1) complete the business of, and close, the Alaska Power Administration; (2) prepare and submit to the Congress a report documenting the two sales; and (3) return unused funds to the Treasury. Repeals Acts and provisions made inconsistent by the sales and closing. (Sec. 206) Terminates on September 30, 1995, most provisions (two exceptions) of the Trade Act of 1974 which provide compensation and other benefits to groups of workers adversely affected in their occupation by excessive imports into the United States. (Sec. 207) Amends title XX (Block Grants to States for Social Services) of the Social Security Act to merge and consolidate the funding of the at-risk child care program with the program of block grants to States for social services. Authorizes appropriations for the merged program through FY 1999. Merges into the block grant program certain discretionary social services programs, maintaining their discretionary status. Consolidates the FY 1995 through 1999 funding for the discretionary programs. (Sec. 208) Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to authorize the Secretary of Health and Human Services to use death certificate information for social security program purposes and to redisclose such information to other Federal or State agencies for appropriate purposes. Requires all States to supply the Secretary with such information, regardless of whether they have in effect a contract to furnish such information. Directs the Secretary to establish and collect a fee for the disclosure of such information to other Federal and State agencies. Authorizes the Secretary to provide a Federal or State agency with technical assistance with regard to the effective collection, dissemination, and use of death information. (Sec 209) Amends the National Housing Act with respect to insured mortgage refinancing assistance to: (1) include refinancing costs in the amount of a refinanced mortgage that may be insured under such Act; and (2) permit recaptured budget authority to be used for certain refinancing-related assistance. (Sec. 210) Makes certain congressional findings with respect to multifamily housing project (MHP) mortgages insured by the Federal Housing Administration (FHA) through the Department of Housing and Urban Development (HUD). Amends the Housing and Community Development Amendments of 1978 to remove the requirement that the Secretary of HUD (Secretary, for purposes of this section) manage or dispose of MHPs in a manner that supports fair housing strategies and is consistent with local housing market conditions. Authorizes the Secretary to: (1) dispose of MHPs to purchasers meeting specified requirements; and (2) contract for MHP management services. Directs the Secretary to maintain MHPs still held in a safe and sanitary condition and at full occupancy, if possible. Requires the Secretary to undertake at least one of the following actions to ensure tenant affordability: (1) enter into owner contracts under section 8 of the United States Housing Act of 1937; (2) enter into annual contribution contracts with public housing agencies to provide tenant-based assistance to eligible low-income families; (3) reduce the sales price, apply use or rent restrictions, or provide other financial assistance to ensure that at least some units are available to and affordable by such families; and (4) transfer an MHP to another public housing agency or other appropriate entity for use under a different public housing project (with specified transfer agreement requirements). Authorizes the Secretary, with respect to an MHP, to: (1) provide short-term loans to facilitate a sale to a nonprofit organization or public agency; (2) make available tenant-based assistance under section 8 of the United States Housing Act to very low-income families that do not otherwise qualify for project-based assistance; (3) make some of the MHP units available for uses other than rental or cooperative uses; and (4) require some MHP units to contain use or rent restrictions making them available only to very low income persons for the remaining useful life of the property. Provides required terms for contracts authorized under this section. Directs the Secretary, prior to the sale of an MHP, to: (1) develop a disposition plan for the project that specifies minimum terms and conditions; and (2) allow appropriate and timely input into disposition plans and sales by local government officials as well as the community and tenants involved. Directs the Secretary to notify State agencies and units of local government of the Secretary's acquisition of title to an MHP and allow such entities 45 days to express an interest in the project. Provides conditions with respect to the purchase of an MHP by such an entity after such expression of interest and the acceptance of a qualifying offer. Sets forth: (1) rights of tenants who are displaced by the disposition of an MHP; and (2) mortgage and MHP sale requirements, including sales to State and local governments. Directs the Secretary to report to specified congressional committees describing the status of MHPs owned by or subject to mortgages held by the Secretary.
Bill· SS. 1325 (104th)referred
United States · United States Congress · 17 October 1995
Medicare Whistleblower Act of 1995 - Amends title XI of the Social Security Act to allow Medicare beneficiaries to submit a written request to program providers for an itemized bill of items and services received from them. Permits such beneficiaries to further request a review of such a bill by the appropriate fiscal intermediary or carrier under contract to administer Medicare benefits for any billing irregularities. Directs the Secretary of Health and Human Services to require such entities to take all appropriate measures to recover amounts inappropriately paid because of such irregularities. Subjects providers submitting fraudulent billings to a certain civil money penalty in addition to any other penalties that may be prescribed by law. Provides for antifraud incentive payments (out of collected penalties) to Medicare beneficiaries who request itemized billings later found to contain irregularities of a negligent or fraudulent nature.
Bill· HRH.R. 2485 (104th)referred
United States · United States Congress · 17 October 1995
TABLE OF CONTENTS: Title XV (sic): Medicare Subtitle A: MedicarePlus Program Subtitle B: Preventing Fraud and Abuse Subtitle C: Regulatory Relief Subtitle D: Medical Liability Reform Subtitle E: Teaching Hospitals and Graduate Medical Education Subtitle F: Provisions Relating to Medicare Part A Subtitle G: Provisions Relating to Medicare Part B Subtitle H: Provisions Relating to Medicare Parts A and B Subtitle I: Clinical Laboratories Subtitle J: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions Title XV (sic): Medicare - Medicare Preservation Act of 1995 - Subtitle A: MedicarePlus Program - Amends titles XI and XVIII (Medicare) of the Social Security Act (SSA) and related Internal Revenue Code provisions, restructuring the current Medicare program, creating a new MedicarePlus program within it, with certain organizational changes involving the Health Care Financing Administration (HCFA) as well, while also providing for corresponding tax treatments involving MedicarePlus medical savings accounts (MSAs) (created for paying the qualified medical expanses of the account holder) and distributions, and other specified MedicarePlus-related matters, such as the tax treatment of hospitals participating in provider-sponsored organizations and associated penalties with regard to such tax-related matters. Includes chiefly among such restructuring measures the following items. (Sec. 15001) Gives individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance) the opportunity to elect Medicare coverage annually during specified periods under either the new MedicarePlus benefit package or through the existing fee-for-service system under such parts. Describes the former package as comprising various specified products and services, including contributions to newly provided for MedicarePlus MSAs as well as a separate fee-for-service component, offered under certain provider- and union-sponsored plans by qualified MedicarePlus organizations: (1) certified as meeting certain applicable standards pursuant to respective State or Federal certification process; and (2) under contract with the Secretary of Health and Human Services (HHS) in accordance with various specified contract requirements with respect to the items and services offered. (Sec. 15002) Outlines special election rules relevant to choice of coverage, including coverage elected through the MedicarePlus package under the newly added Medicare part C (MedicarePlus Organizations and High Deductible/Medisave Products) as well as through existing fee-for-service packages in which unenrolled individuals who initially fail to make an election during the appropriate period are deemed to have enrolled. Includes among special rules under this subtitle those specifically relevant under new Medicare part C to: (1) MedicarePlus organization licensing, payment, periodic certification, and other specified organization-related matters involving, among other things, product standards, premiums, and cost-sharing, physician and other provider participation, coverage determinations, advance directives, and quality assurance programs; (2) MedicarePlus MSA and Medicare part B premium discount rebate tax treatment; (3) MedicarePlus high deductible/Medisave products, including with regard to the individuals electing such products and the benefits covered; (4) coordinated acute and long-term care benefits under a MedicarePlus product; and (5) provider service network antitrust measures. Directs the Secretary to provide for demonstration projects permitting MediGrant programs under SSA title XXI to be treated as MedicarePlus organizations for qualified MediGrant-eligible individuals in order to demonstrate primary, acute, and long-term care delivery via integrated delivery networks emphasizing noninstitutional care. (Sec. 15003) Revises Medicare supplemental health insurance policy certification provisions concerned with the unlawful duplication of health benefits coverage. Requires a report by the Secretary to the Congress on certain duplication issues. (Sec. 15004) Sets forth transition rules for current Medicare health maintenance organization (HMO) programs, eliminating the "50/50" enrollment rule. (Sec. 15031) Establishes the Medicare Payment Review Commission under the Medicare program (replacing the Prospective Payment Assessment Commission and the Physician Payment Review Commission which are hereby abolished). Requires such Commission to review program payment policies (including those under the new MedicarePlus program) for appropriate recommendations to the Congress concerning such policies. Authorizes appropriations. (Sec. 15032) Creates the Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning about 2010 and lasting for approximately 25 years; and (2) make specific recommendations to the Congress respecting a comprehensive approach to preserve Medicare for the period during which such individuals are Medicare-eligible. Authorizes appropriations. (Sec. 15033) Makes the HCFA Administrator a secretarial, as opposed to a presidential, appointee as currently provided for under SSA title XI. Subtitle B: Preventing Fraud and Abuse - Outlines various specified measures designed for preventing fraud and abuse under Medicare, including among them: (1) special outreach and other efforts by the Secretary which include establishing a beneficiary incentive program for collecting information on fraud and abuse under Medicare and a voluntary disclosure program for Medicare violators to disclose wrongdoing; (2) revisions to current sanctions which include new intermediate sanctions for Medicare HMO violations; (3) establishment of the Medicare Integrity Program and an associated Anti-Fraud and Abuse Trust Fund (trust Fund) in the Treasury for specified anti-fraud and abuse activities under Medicare; (4) permitting carriers to carry out prior authorization for certain items of durable medical equipment; (5) establishment by the Attorney General of a national health care anti-fraud task force, including representatives of various specified Federal departments, agencies, and offices, for coordination of Federal law enforcement activities relating to health care fraud and abuse; (6) an HCFA-sponsored study of the adequacy of quality assurance and consumer protection programs under Medicare part C for a report to the Congress; and (7) establishment of civil monetary penalties under SSA title XI for false home health services certifications by physicians, as well as sanctions under such title for offenses involving fraud, false statement, theft, or embezzlement under Medicare or a State health care program. Provides: (1) appropriations from such trust fund to carry out the Medicare Integrity Program; and (2) appropriations from the trust funds supporting the Medicare program for the HHS Inspector General for Medicare-related anti-fraud and abuse matters. (Sec. 1511) Directs the Secretary to establish and operate certain pilot projects for implementing innovative approaches to monitor claims payment under Medicare. Subtitle C: Regulatory Relief - Outlines various specified revisions to Medicare physician referral prohibitions and SSA title XI anti-kickback and other penalties, among other such revisions made under SSA and the Omnibus Budget Reconciliation Act of 1993 designed for Medicare regulatory relief. Includes among such revisions: (1) repeal of physician referral prohibitions based on compensation arrangements; (2) new exceptions to physician referral prohibitions for shared facility and other specified services; (3) repeal of the Medicare and Medicaid Coverage Data Bank; (4) various specified miscellaneous technical changes with regard to such matters as the imposition of civil monetary penalties and the level of knowledge required and the application of anti-kickback penalties to certain actions involving referrals; and (5) issuance of advisory opinions under SSA title XI. (Sec. 15214) Directs the Secretary to publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors; (2) additional safe harbors; and (3) special fraud alerts. Requires publication of such proposals in the Register and issuance of final implementing rules by the Secretary as appropriate after consideration of any public comments received. (Sec. 15216) Provides for prior notice of changes in billing and claims processing requirements for physicians' services. (Sec. 15221) Outlines various specified measures designed for promoting physician self-policing, including an exemption from Federal antitrust and similar State laws for certain activities of medical self-regulated entities. Subtitle D: Medical Liability Reform - Outlines various specified measures designed for addressing health care liability issues, including changes establishing: (1) a statute of limitations for health care liability actions; (2) a limitation on noneconomic damages; and (3) standards for alternative dispute resolution used to resolve such an action or claim. Subtitle E: Teaching Hospitals and Graduate Medical Education - Outlines a new SSA title XXII (Teaching Hospitals and Graduate Medical Education Trust Fund): (1) establishing in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund consisting of the Indirect-Costs Medical Education Account, the Medicare Direct-Costs Medical Education Account, and the General Direct-Costs Medical Education Account; (2) governing payments from such trust fund to teaching hospitals, with certain adjustments as prescribed, in accordance with various special rules for the costs of operating approved medical residency training programs; and (3) providing for a certain temporary advisory panel for developing recommendations for the Congress with regard to such matters as teaching hospital and graduate medical education financing, Federal policies on international medical graduates, and medical school dependence on service-generated income. Makes various specified appropriations to the trust fund, with certain individual trust fund component allocations, including certain transfers to such components out of the Medicare trust funds, for medical education direct and indirect costs. Authorizes appropriations. (Sec. 15412) Modifies current payment policies under Medicare regarding graduate medical education, including setting a limitation on the number of full-time equivalent residents for certain fiscal years and reducing payments for alien residents with regard to the direct costs of graduate medical education. Subtitle F: Provisions Relating to Medicare Part A - Outlines various specified technical revisions in Medicare Part A rural and urban hospital and skilled nursing facility payment provisions, providing for various reductions in payment updates and other adjustments and payment-related changes. Includes chiefly among such technical revisions: (1) a reduction in payments to hospitals for enrollees' bad debts; (2) the establishment of the rural emergency access care hospital program; (3) the establishment of a program of incentives for cost-effective management of covered non-routine services of skilled nursing facilities; and (4) standards for the certification of skilled nursing facilities. (Sec. 15508) Makes certain conforming amendments with regard to the certification of Christian Science providers. (Sec. 15511) Requires the Medicare Payment Review Commission established by this title to study and report to the Congress on the impact of the designation of hospitals as sole community hospitals under the Medicare program on the delivery of health care services to individuals in rural areas. (Sec. 15527) States that, in order to ensure that Medicare beneficiaries are furnished appropriate extended care services, the Secretary shall establish and implement a medical review process to examine the effect of the amendments made by this subtitle on the quality of extended care services furnished to Medicare beneficiaries. (Sec. 15528) Requires the Medicare Payment Review Commission to report to the Congress on the system under which payment is made under Medicare for extended care services of skilled nursing facilities. (Sec. 15531) Makes specified changes under the Social Security Amendments of 1983 with regard to the amount of certain taxes credited to the Federal Hospital Insurance Trust Fund. Subtitle G: Provisions Relating to Medicare Part B - Outlines various specified technical revisions to physician, certain outpatient hospital, and clinical diagnostic laboratory services payment provisions, chief among them: (1) replacing the volume performance standard with sustainable growth rate and establishing a single conversion factor for 1996; (2) eliminating formula-driven overpayments; and (3) reducing updates to payment amounts for laboratory tests. Makes other similar specified payment changes with regard to items of durable medical equipment, while also providing for a freeze in any inflation updates in payment amounts for ambulatory surgical center services. (Sec. 15607) Bases payment to rural emergency access care hospitals on the payment for outpatient rural primary care hospital services. (Sec. 15608) Provides for ensuring payment for physician and nurse jointly furnished anesthesia services for a single case. (Sec. 15609) Directs the Secretary to treat the State of Wisconsin as a single fee schedule area for physicians' services while ensuring budget neutrality. (Sec. 15609A) Provides for the payment of ambulance services in accordance with a certain fee schedule to be established by the Secretary pursuant to specified considerations. (Sec. 15609B) Applies the standards for physical or occupational therapy services furnished by traditional providers to such services furnished by physicians in an outpatient setting. (Sec. 15611) Provides for extension of and other specified changes with regard to the Medicare part B premium. (Sec. 15612) Details additions to Medicare part B premium requirements concerning part B premium amounts to provide for certain premium increases for individuals with modified adjusted gross incomes for a taxable year in excess of certain described threshold amounts. Provides for the disclosure under the Internal Revenue Code of certain tax return information for purposes related to such income-related reduction in Medicare subsidy. (Sec. 15621) Addresses administration, coverage, and billing policies for clinical diagnostic laboratory tests by requiring adoption of uniform policies concerning such matters in accordance with a specifically outlined process. (Sec. 15622) Places restrictions on direct billing for laboratory services, with appropriate sanctions for enforcement. (Sec. 15631) Requires the Secretary to establish a certain task force to recommend quality standards for durable medical equipment. Subtitle H: Provisions Relating to Medicare Parts A and B - Amends SSA title XVIII to provide for Medicare payment for home health services in accordance with various specified guidelines. (Sec. 15701) Includes payment for prosthetics and orthotics along with payment for durable medical equipment under Medicare part A. (Sec. 15702) Provides for maintaining savings resulting from a temporary freeze on payment increases for home health services. (Sec. 15703) Provides for an extension under the Omnibus Budget Reconciliation Act of 1986 of the waiver of presumption of lack of knowledge of exclusion from coverage for home health agencies. (Sec. 15704) Requires the Secretary to submit recommendations to the Congress regarding an appropriate methodology for making payments under Medicare for home health services furnished by Christian Science providers meeting certification and other applicable requirements to be providers under Medicare. (Sec. 15705) Extends the period for home health agency certification. (Sec. 15711) Revises provisions with regard to Medicare as secondary payer. (Sec. 15721) Provides for a "failsafe budget mechanism" under Medicare as outlined for adjusting payments under that program for certain applicable items and services in order to achieve various specified Medicare budget targets beginning in FY 1996. Requires a report by the Board of Trustees of the Federal Hospital Insurance Trust Fund on the growth in Medicare part A expenditures. (Sec. 15731) Establishes the Medicare Information Advisory Committee, and directs the Secretary, with its help, to adopt standards for Medicare information transactions and data elements and modifications to existing standards in order to reduce the administrative costs of providing and paying for health care, and to make Medicare information uniformly available for electronic exchange. Sets out penalties for standards violations. (Sec. 15741) Provides that: (1) nothing in Medicare may be construed to prohibit part A or B coverage of items and services associated with a medical device used in furnishing inpatient hospital services solely because it is unapproved, if it is an investigational device used instead of an approved one; and (2) the amount of Medicare payment for any item or service associated with an investigational device used in furnishing such hospital services may not exceed the payment amount which would have been made under Medicare for the item or service if it were associated with the use of an approved device. (Sec. 15742) Excludes from Medicare coverage items or services used for euthanasia. (Sec. 15743) Outlines certain competitive bidding demonstration requirements for selected Medicare items and services. (Sec. 15744) Provides for the disclosure under Medicare of criminal convictions relating to the provision of home health services to any person upon request. (Sec. 15745) Requires renal dialysis facilities to make services available on a 24-hour basis. Subtitle I: Clinical Laboratories - Amends the Public Health Service Act to exempt clinical laboratories in physician offices not performing pap smear analysis from certification requirements under such Act. Subtitle J: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions - Creates in the Treasury the Federal Medicare Growth Reduction Trust Fund for savings in Medicare part B resulting from this Act for expenditure after a certain period to carry out the Medicare program.
Bill· HRH.R. 2486 (104th)referred
United States · United States Congress · 17 October 1995
TABLE OF CONTENTS: Title XV (sic): Medicare Subtitle A: Medicare Choice Program Subtitle B: Provisions Relating to Regulatory Relief Subtitle C: Medicare Payments to Health Care Providers Subtitle D: Provisions Relating to Medicare Beneficiaries Subtitle E: Medicare Fraud Reduction Subtitle F: Improving Access to Health Care Subtitle G: Other Provisions Subtitle H: Monitoring Achievement of Medicare Reform Goals Subtitle I: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions Title XV (sic): Medicare - Medicare Preservation Act of 1995 - Subtitle A: Medicare Choice Program - Amends titles XI and XVIII (Medicare) of the Social Security Act (SSA) and related Internal Revenue Code provisions, restructuring the current Medicare program, creating a new Medicare Choice program within it, while also providing for corresponding tax treatments involving Medicare Choice medical savings accounts (MSAs) (created for paying the qualified medical expenses of the account holder) and distributions, as well as with regard to other specified Medicare Choice-related product and service matters. Includes chiefly among such restructuring measures and other amendments the following items. (Sec. 15001) Gives individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance) the opportunity to elect Medicare coverage annually during specified enrollment periods under either the new Medicare Choice benefit package or through the existing fee-for- service system under such parts. Describes the former package as comprising various specified products and services, including contributions to Medicare Choice MSAs under certain demonstration projects as well as a separate fee-for-service component and a high deductible and Medisave product, offered under certain provider- and union-sponsored plans by qualified Medicare Choice organizations: (1) certified as meeting certain applicable standards pursuant to a State certification process established by the Secretary of Health and Human Services (Secretary) and operated in cooperation with the Secretary of Labor with respect to union sponsors; and (2) under contract with the Secretary in accordance with various specified requirements with respect to the items and services offered, including those allowing the Secretary to perform certain audits and inspections. Directs the Secretary to conduct certain demonstration projects providing for alternative enrollment periods to those within the enrollment process. (Sec. 15002) Outlines various special election and enrollment rules relevant to choice of coverage, including coverage elected through the Medicare Choice package under the newly added Medicare part C (Provisions Relating to Medicare Choice) as well as through existing fee-for-service packages in which unenrolled individuals who initially fail to make an election during the appropriate period are deemed to have enrolled. Includes among special rules under this subtitle those specifically relevant under new Medicare part C to: (1) Medicare Choice organization licensing, payment, periodic certification, and other specified organization-related matters involving, among other things, provision of benefits, coverage standards, enrollee premium charges and co-payments, restrictions on physician and other provider (including provider-sponsored organization) participation, advance directives, quality assurance programs, and reporting; (2) Medicare Choice MSA administration; (3) Medicare part B premium discount rebate tax treatment; (4) Medicare Choice high deductible and Medisave products offered through certain demonstrations, with additional special rules relating to product benefits and the amount of individual monthly contributions made to the Medicare Choice MSA on their behalf; and (5) provider service network antitrust matters. Details specific rules for determining payment areas and making appropriate adjustments in payment rates. Preempts certain State insurance licensing requirements. Directs the Secretary to provide for certain demonstration projects with regard to alternative methods of providing comparative information about Medicare Choice organization and product performance and the performance of Medicare supplemental policies in relation to such products. Provides that nothing in this paragraph shall be construed as preventing a State from coordinating benefits under its Medicaid program under SSA title XIX with those provided under a Medicare Choice product in a manner that assures continuity of a full-range of acute care and long-term care services to poor elderly or disabled individuals eligible for Medicare benefits. (Sec. 15003) Requires the Secretary to: (1) report to the Congress on alternative provider payment approaches under Medicare, with recommendations for implementing and testing such approaches and any legislation required; and (2) work with employers and health benefit plans to develop standards and payment methodologies to allow retired workers to continue to participate in employer health plans instead of participating in Medicare. (Sec. 15004) Sets forth transition rules for current Medicare health maintenance organization (HMO) programs. (Sec. 15031) Establishes the Medicare Payment Review Commission under the Medicare program (replacing the Prospective Payment Assessment Commission and the Physician Payment Review Commission which are hereby abolished). Requires the Commission to review program payment policies (including those under the new Medicare Choice program) for appropriate recommendations to the Congress concerning them, with certain duties relating to the fee-for-service system. Authorizes appropriations. (Sec. 15032) Creates the Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on Medicare of the increase in Medicare-eligible individuals which will occur from about 2010 and last for approximately 25 years; and (2) make specific recommendations to the Congress on an approach to preserve Medicare during the period such individuals are Medicare- eligible. Authorizes appropriations. (Sec. 15041) Preempts certain State law restrictions on managed care arrangements and utilization review programs, allowing an exception to the latter for laws preventing denial of lifesaving medical treatment pending transfer to another health care provider. Subtitle B: Provisions Relating to Regulatory Relief - Outlines various specified revisions to Medicare physician referral prohibitions and SSA title XI anti-kickback and other penalties, among other revisions made under SSA and the Omnibus Budget Reconciliation Act of 1993 (OBRA-1993), as well as various specified measures related to private health plan antitrust and malpractice "reform" matters all designed for the stated purpose of providing for regulatory relief. Includes within such revisions and measures: (1) repeal of physician referral prohibitions based on compensation arrangements, new exceptions to physician referral prohibitions for shared facility and other specified services, and elimination of certain related reporting requirements concerning ownership, investment, and compensation arrangements; (2) U.S. Attorney General antitrust guidelines on plan activities, issuance of health care certificates of public advantage to eligible health care collaborative activities which comply with specified requirements, and annual congressional reports on the effect of such certificates on competition in the health care marketplace; and (3) a uniform statute of limitations, with certain exceptions, for health care liability actions, limitation of noneconomic damages and no award of punitive damages against manufacturers of medical products, and mandatory use of alternative dispute resolution systems (State or Federal as appropriate) meeting specified requirements for initial resolution of such actions or related tort claims before they may be brought in court. Creates exemptions to such antitrust measures related to certain hospitals. Sets forth certain State law preemptions related to such antitrust and malpractice matters. (Sec. 15151) Provides for modification of payment areas used to determine payments for physicians' services under Medicare. Subtitle C: Medicare Payments to Health Care Providers - Provides for a one-year general freeze during FY 1996 in payments to providers under Medicare, with exceptions for certain inpatient hospital operating costs and other matters. Extends a similar freeze to skilled nursing facilities and home health agencies under OBRA-1993. Increases the period of the current freeze in payments for clinical diagnostic laboratory tests. Freezes updates for covered items under the fee schedule for durable medical equipment. (Sec. 15211) Outlines various specified technical revisions in Medicare physician, hospital, and other provider payment requirements, including a limitation on home health coverage under Medicare part A. Includes within such revisions: (1) annual physician updates based on cumulative performance; (2) a prospective payment system for hospital outpatient services with certain formula-driven overpayments eliminated; and (3) changes in future home health services payments, also making use of a specified prospective payment system, and in skilled nursing facility billing as well, with a new payment method for covered non-routine services making use of incentive payments. (Sec. 15241) Adds a new SSA title XXI (Teaching Hospitals and Graduate Medical Education Trust Fund) establishing in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund, for payments to teaching hospitals in accordance with outlined rules. Makes certain transfers to the fund out of the Medicare trust funds for both the direct and indirect costs of medical education. Provides for a reduction in payment adjustments for indirect medical education and other specified changes related to medical education financing, including the establishment of the National Advisory Council on Postgraduate Medical Education to advise the Secretary on appropriate policies with regard to the postgraduate medical education. Authorizes appropriations. Subtitle D: Provisions Relating to Medicare Beneficiaries - Revises requirements relating to Medicare beneficiaries with regard to: (1) the Medicare part B premium, including means-testing premiums for certain high-income individuals (with certain conforming changes as well to the Internal Revenue Code for the disclosure of certain tax information for means-testing purposes), requiring each part B enrollee to submit annual estimated income reports to the Secretary; and (2) expanded coverage of preventive benefits, covering prostate cancer screening tests and certain diabetes-related services for example. Subtitle E: Medicare Fraud Reduction - Outlines various specified measures designed for preventing fraud and abuse under the Medicare program, including special outreach and other actions by the Secretary which include establishing a beneficiary incentive program for collecting information on fraud and abuse under Medicare and the Medicare Integrity Program (MIP) and associated Anti-Fraud and Abuse Trust Fund (fund) in the Treasury for specified anti-fraud and abuse activities under such program. Provides as well for other additional specified measures for combatting fraud, such as certain billing restrictions for home health agencies and establishment of certain fraud reduction demonstration projects and more competitive pricing under Medicare via legislative changes proposed by the Secretary in a specified report. Provides appropriations from the fund to carry out MIP. Subtitle F: Improving Access to Health Care - Outlines various specified measures under Medicare, the Internal Revenue Code, and the Public Health Service Act designed to increase access to health care in rural and other shortage areas, through community rural health network grants and certain provider incentives for example, along with certain other changes as described with regard to National Health Service Corps loan repayments and establishment of the rural emergency access care hospital program. Provides, additionally, with regard to Medicare, for payments for health care services provided in the military health services system, to be provided in the same amounts and under similar terms and conditions under which payments are made to other eligible organizations with risk sharing contracts under the Medicare program. Requires certain studies, demonstration projects, and other actions by the Secretary with regard to, respectively, health professional shortage areas, increasing choice of coverage in such areas, as well as the services which non-physician health care professionals may provide in such areas. Sets aside certain funding under the Public Health Service Act for creation of hospital- affiliated primary care centers. Authorizes appropriations. (Sec. 15507) Directs the Secretary to establish a payment methodology for emergency telemedicine services furnished in health professional shortage areas. Subtitle G: Other Provisions - Revises provisions with regard to Medicare as secondary payor. (Sec. 15602) Provides that nothing in Medicare may be construed to prohibit coverage under parts A or B of items and services associated with a medical device used in furnishing inpatient or outpatient hospital services for which payment may be made under Medicare solely because it is not an approved device if it is an investigational device used instead of either an approved device or covered procedure. Provides similarly that the amount of payment made under Medicare for any associated item or service for which payment is allowed may not exceed the amount of payment which would have been made for the item or service if it were associated with the use of an approved device or covered procedure. (Sec. 15603) Excludes euthanasia-related items or services from Medicare coverage. Subtitle H: Monitoring Achievement of Medicare Reform Goals - Requires the Secretary to establish program budgetary and program goals for the Medicare program consistent with prescribed guidelines for FY 1996 through 2002. (Sec. 15702) Establishes the Medicare Reform Commission to examine how Medicare has met such budgetary and program goals for appropriate recommendations to the President for consideration by the Congress in accordance with prescribed procedures. Authorizes appropriations. Subtitle I: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions - Creates under Medicare part B in the Treasury the Federal Medicare Growth Reduction Trust Fund for part B savings resulting from the enactment of this Act.
Bill· HRH.R. 2491 (104th)passed
United States · United States Congress · 17 October 1995
TABLE OF CONTENTS: Title I: Provisions of General Applicability Title II: Committee on Banking and Financial Services Subtitle A: Housing Provisions Subtitle B: Thrift Charter Conversion Subtitle C: Community Reinvestment Act Amendments Title III: Committee on Commerce Subtitle A: Communications Subtitle B: Nuclear Regulatory Commission Annual Charge Subtitle C: United State Enrichment Corporation Subtitle D: Waste Isolation Pilot Project Subtitle E: Naval Petroleum Reserves Title IV: Committee on Economic and Educational Opportunities Subtitle A: Higher Education Subtitle B: Davis-Bacon and Service Contract Repeals Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 Title V: Committee on Government Reform and Oversight Title VI: Committee on International Relations Title VII: Committee on the Judiciary Title VIII: Committee on National Security Subtitle A: Military Retired Pay Subtitle B: Naval Petroleum Reserves Subtitle C: National Defense Stockpile Title IX: Committee on Resources Subtitle A: Alaska and Helium Privatization Subtitle B: Water and Power Subtitle C: National Parks, Forests, and Public Lands Subtitle D: Territories Subtitle E: Minerals Subtitle F: Indian Gaming and Health Subtitle G: Consultation Subtitle H: Mapping Subtitle I: National Park System Reform Title X: Committee on Transportation and Infrastructure Subtitle A: Water Resources Subtitle B: Ocean Shipping Reform Subtitle C: Midewin National Tallgrass Prairie Subtitle D: Miscellaneous Provisions Subtitle E: Economic Development Administration and Appalachian Regional Commission Title XI: Committee on Veterans' Affairs Subtitle A: Extension of Temporary Authorities Subtitle B: Other Matters Subtitle C: Health Care Eligibility Reform Title XII: Committee on Ways and Means - Trade Subtitle A: Technical Corrections and Miscellaneous Trade Provisions Subtitle B: Generalized System of Preferences Subtitle C: Trade Adjustment Assistance Title XIII: Committee on Ways and Means - Revenue Reconciliation Subtitle A: Extension of Expiring Provisions, Etc. Subtitle B: Medical Savings Accounts Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 Subtitle D: Additional Technical Corrections Subtitle E: Tax Information Sharing Subtitle F: Revenue Increases Subtitle G: Reform of the Earned Income Tax Credit Subtitle H: Increase in Public Debt Limit Subtitle I: Coal Industry Retiree Health Equity Title XIV: Committee on Ways and Means - Tax Simplification Subtitle A: Provisions Relating to Individuals Subtitle B: Pension Simplification Subtitle C: Treatment of Large Partnerships Subtitle D: Foreign Provisions Subtitle E: Other Income Tax Provisions Subtitle F: Estates and Trusts Subtitle G: Excise Tax Simplification Subtitle H: Administrative Provisions Title XV: Medicare Title XVI: Transformation of the Medicaid Program Title XVII: Department of Commerce Abolition Subtitle A: Abolishment of Department of Commerce Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce Subtitle C: Consolidation of Statistical Functions Subtitle D: United States Trade Administration Subtitle E: Patent and Trademark Office Corporation Subtitle F: Miscellaneous Provisions Title XVIII: Welfare Reform Title XIX: Contract Tax Provisions Title XX: Budget process Title I: Provisions of General Applicability - Seven-Year Balanced Budget Reconciliation Act of 1995 - Sets forth the table of contents of this Act. Title II: Committee on Banking and Financial Services - Subtitle A: Housing Provisions - Amends the Federal Home Loan Bank Act to terminate the Resolution Trust Corporation and Federal Deposit Insurance Corporation affordable housing programs and transfer remaining authority to the Department of Housing and Urban Development. Amends the National Housing Act: : (1) eliminate the Federal Housing Administration assignment and temporary mortgage assistance programs; and (2) prohibit foreclosure relief. Amends the Housing and Community Development Amendments of 1978 with regard to the multifamily property disposition program. Amends the Housing Act of 1949 to provide for rural housing loan subsidy recapture upon loan repayment. Amends the Housing Act of 1937 to reduce the section 8 annual adjustment factors for units with no tenant turnover. Subtitle B: Thrift Charter Conversion - Thrift Charter Conversion Act of 1995 - Chapter 1: Thrift Charter Conversion - Amends the Federal Deposit Insurance Act (FDIA) to prescribe guidelines for the imposition of a single additional special assessment on each Savings Association Insurance Fund (SAIF) member and Bank Insurance Fund (BIF) member for deposit into the SAIF. (Sec. 2202) Amends the Federal Home Loan Bank Act to make conforming amendments to the assessment authority of the Financing Corporation (FICO), extending FICO assessments to all depository institutions insured by the Federal Deposit Insurance Corporation (FDIC). Amends the FDIA to declare that assessment rates for SAIF members may not be less than assessment rates for BIF members. Amends the FDI: o: (1) repeal its exit moratorium and conversion (Oakar) provisions; (2) replace the BIF with a deposit insurance fund initially consisting of the merged assets and liabilities of the BIF and SAIF; (3) direct the FDIC to merge the BIF and SAIF into the deposit insurance fund by January 1, 1998; and (4) establish in the new deposit insurance fund a special emergency reserve. (Sec. 2204) Prescribes procedural guidelines with respect to the refund of amounts in a deposit insurance fund in excess of the designated reserve amount. (Sec. 2205) Prohibits the FDIC Board of Directors from setting semi-annual assessments in excess of the amount needed to maintain or achieve the designated reserve ratio of a deposit insurance fund. Chapter 2: Status of Banks and Savings Associations - Prescribes procedural guidelines for the termination of Federal Savings Association charters and their conversion into national bank charters or State depository institution charters. Prohibits the Director of the Office of Thrift Supervision from granting any charter for a Federal savings association. Amends the FDIA to treat State Savings Associations as banks for purposes of Federal banking law. (Sec. 2222) Amends the Bank Holding Company Act of 1956 to permit continuation of grandfathered bank holding company activities and affiliations. (Sec. 2223) Sets forth transition provisions for: (1) activities of savings associations and mutual savings associations which have converted into or become treated as banks; and (2) registration of bank holding companies resulting from conversions of savings associations to banks or treatment of savings associations as banks. (Sec. 2228) Repeals the Home Owners' Loan Act. Chapter 3: Transfer of Functions, Personnel, and Property - Abolishes the Office of Thrift Supervision and the position of Director of such Office. Transfers its functions, personnel, and property to the Office of the Comptroller of the Currency, the FDIC, or the Board of Governors of the Federal Reserve System. Chapter 4: Loan Loss Reserve Treatment - Expresses the sense of the Congress that the special thrift bad debt reserve method of the Internal Revenue Code should be repealed in a fashion that would neither threaten the economic viability of thrift institutions which convert to bank charter, nor cause the Federal Treasury to lose revenue. Subtitle C: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent to prohibit a supervisory agency from imposing additional burden, recordkeeping, or reporting when examining financial institutions. (Sec. 2302) Exempts a regulated financial institution from CRA evaluation requirements: : (1) the institution and its parent bank holding company have aggregate assets of not more than $100 million; and (2) it publicizes its services to local low- and moderate-income neighborhoods. (Sec. 2303) Provides for self-certification of CRA compliance by certain "satisfactory" or "outstanding" financial institutions with assets of $250 million or less, subject to certain public notice requirements. Prohibits a Federal regulatory agency from imposing additional self-certification requirements. (Sec. 2304) Sets forth community input and conclusive rating requirements, including requirements for publication of exam schedule, opportunity for comment, evaluation by the appropriate Federal financial supervisory agency of how the institution meets community needs, and procedures for requests for reconsideration of the resulting rating. (Sec. 2305) Mandates that, in conducting assessments of financial institutions, the appropriate Federal regulatory agency: (1) consider the nature of the business of special purpose financial institutions; (2) assess and take into account the institution's record commensurate with the amount of deposits it has received; and (3) develop standards under which they may be deemed to comply with CRA requirements consistent with the specific nature of such businesses. Defines a "special purpose institution" as one that does not generally accept retail deposits from the public in amounts of less than $100,000, such as wholesale, credit card, and trust institution. (Sec. 2306) Requires the appropriate Federal financial supervisory agency, in assessing and taking into account the records of a regulated financial institution for purposes of CRA compliance, to consider as a positive factor the institution's investments and loans to: (1) minority or women's depository institution or low-income credit union; (2) any joint ventures, entities, or projects providing benefits to distressed communities (regardless of whether or not the recipient institutions or communities are located within the regulated financial institution's chartered service area); and (3) targeted low- and moderate-income communities, including real property loans to such communities. Specifies other related positive factors to be considered. (Sec. 2307) Prohibits regulations requiring additional CRA recordkeeping and loan data collection. (Sec. 2308) Applies a requirement of metropolitan area distinctions, with respect to the public section of written institution evaluations, only to institutions that maintain domestic branches in two or more States. (Sec. 2309) Amends the Federal Home Loan Bank Act to exempt from certain community investment or service reporting requirements members who receive a CRA rating of outstanding or satisfactory. (Sec. 2310) Expresses the sense of the Congress that congressional committees should exercise aggressive oversight of the adoption and implementation of any CRA regulation by a Federal supervisory agency after the date of enactment of this Act. Requires such agency to report to the Congress on the implementation of all CRA regulations. (Sec. 2311) Amends the Federal Deposit Insurance Act (FDIA) to direct each Federal banking agency to ensure that its banking examiners consult on examination activities and resolve any inconsistent recommendations given to a depository institution. (Sec. 2312) Amends the CRA to prohibit a Federal agency from prescribing any regulation which would: (1) require a financial institution to make any loan or enter into any agreement on the basis of any discriminatory criteria prohibited under Federal law; (2) make any loan to, or enter into any other agreement with, an uncreditworthy person that would jeopardize the institution's safety and soundness; or (3) hinder the institution's full responsibility to provide credit to all community segments. Title III: Committee on Commerce - Subtitle A: Communications - Chapter 1: Spectrum Auctions - Amends the Communications Act of 1934 (the Act) to state that certain competitive bidding requirements shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC): (1) that, as the result of the FCC carrying out specified obligations, are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital television (TV) services assigned by the FCC to existing terrestrial broadcast licensees to replace their current TV licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits. Requires the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) , as of this Act's enactment date, have not been designated by FCC regulation for assignment or identified by the Secretary of Commerce (Secretary in this title) pursuant to provisions of the National Telecommunications and Information Administration Organization Act (NTIAO Act). Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2000. Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication and the needs of public safety radio services; and (3) comply with the requirements of international agreements concerning spectrum allocations. Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and that are allocated for Federal Government use but that could be reallocated pursuant to the NTIAO Act. Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to this Act, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Federal Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice. Requires the FCC to commence the Broadband Personal Communications Services C-Block auction (described in the FCC's Sixth Report and Order) not later than December 4, 1995. Ratifies and adopts the FCC's competitive bidding rules governing such auction. Sets forth or revises provisions regarding: (1) modification of auction policy to preserve the auction value of the spectrum; (2) identification and reallocation of auctionable frequencies; and (3) allocation and assignment of frequencies identified in the second reallocation report. Chapter 2: Federal Communications Commission Authorization - Federal Communications Commission Authorization Act of 1995 - Amends the Act to authorize appropriations for the FCC for FY 1996. Derives a portion of the sum of such appropriations in each fiscal year from an amount determined by the establishment and adjustment of application and regulatory fees under the Act. Directs the FCC to submit to the appropriate congressional committees and publish in the Federal Register semiannual reports specifying the reimbursements which the FCC has accepted from non-Federal sources for travel and related expenses of FCC employees. Amends the Federal Communications Commission Authorization Act of 1988 to authorize the FCC, during FY 1996, to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated under the Older Americans Act. (Sec. 3013) Amends the Act to direct the FCC, for FY 1996 and thereafter, to modify the application fees so that total collections for the fiscal year equal $40 million plus the amount of necessary expenses for costs related to application processing which exceeds $40 million. Directs the FCC to notify the Congress of any proposed and adopted modifications. Requires $40 million from FCC application fees to be deposited into the Treasury and used for application processing and related expenses of the FCC. Revises the schedule of application fees for personal communications services and amateur vanity call signs under the Act. Specifies that moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out FCC functions. (Sec. 3014) Sets forth or revises provisions regarding: (1) recovery of executive and legal costs incurred by the FCC; (2) establishment and adjustment of fees; (3) regulatory fees for satellite TV operations; and (4) governmental entities use for common carrier purposes. Directs the FCC to: (1) develop accounting systems for making adjustments authorized by the Act; and (2) annually prepare and submit to the Congress an analysis of such systems and afford interested persons the opportunity to submit comments concerning the allocation of costs, as well as the application and regulatory fee adjustments. (Sec. 3015) Authorizes the FCC to: (1) designate an entity to make inspections of ship radio stations; and (2) require such inspections annually, with an authorized waiver under limited circumstances. (Sec. 3016) Sets forth provisions regarding: (1) expedited Instructional Television Fixed Service processing; (2) tariff rejection authority; (3) refund authority; (4) licensing of aviation, maritime, and personal radio services by rule; (5) forfeitures for violations imperiling safety of life; (6) the use of experts and consultants; and (7) the statute of limitations for forfeiture proceedings against common carriers. (Sec. 3024) Directs the FCC to report to the Congress on the existing and future use of the FM band to facilitate the use of auditory assistive devices for individuals with hearing impairments. Subtitle B: Nuclear Regulatory Commission Annual Charge - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from September 30, 1998, to September 30, 2002 the authority of the Nuclear Regulatory Commission to assess and collect annual user fees and charges. Subtitle C: United States Enrichment Corporation - USEC Privatization Act - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing). (Sec. 3038) Revises employee protection guidelines for the United States Enrichment Corporation's two gaseous diffusion plants, especially with respect to pension and post-retirement health benefits. (Sec. 3039) Terminates the status of the United States Enrichment Corporation (USEC) as the exclusive marketing agent for the United States for entering into contracts for providing enriched uranium and uranium enrichment and related services. Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term. States that USEC shall establish prices for its products, materials, and services on a profit making basis. Prescribes guidelines under which the Department of Energy (DOE) shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste. States that as of the privatization date all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization date shall be direct liabilities of, and judgments against, the United States. Prescribes procedural guidelines for the U.S. Executive Agent under the Russian HEU Agreement to transfer and sell to the Secretary of Energy (Secretary in this title) uranium hexafluoride equivalent to the natural uranium component of low-enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent. (Sec. 3040) Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Prohibits the Secretary from allowing the privatization of USEC by means of a public offering unless the Secretary determines that the estimated gross proceeds from the USEC sale will be an adequate amount. Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of public offering. Mandates that the proceeds from privatization be included in the budget baseline and counted as an offset to direct spending pursuant to the Balanced and Emergency Deficit Control Act of 1985 (Gramm- Rudman-Hollings). Requires termination of any USEC license if privatization results in its being owned, controlled or dominated by a foreign entity or otherwise inimical to the security of the United States. Precludes USEC from implementing the privatization plan less than 60 days after the date that the Comptroller General presents an evaluation of the plan to the Congress. (Sec. 3041) Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. (Sec. 3042) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment. Subtitle D: Waste Isolation Pilot Project - Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act to repeal: (1) the mandate for a test phase and retrieval plan; (2) the authority to conduct test phase activities, as well as certain limitations upon the quantity of waste that may be transported; (3) the proscription against transportation or emplacement of remote-handled transuranic waste at the Waste Isolation Pilot Plant (WIPP) project during the test phase; (4) the WIPP requirements for commencement of transuranic waste disposal operations; (5) certification requirements with respect to WIPP compliance with Environmental Protection Agency (EPA) disposal regulations; (6) requirements for action in the event of noncompliance with EPA certification requirements; (7) the mandate for periodic EPA recertification; and (8) the mandate for engineered and natural barriers and waste form modifications to isolate transuranic waste after disposal. (Sec. 3051) Exempts transuranic mixed waste designated for WIPP disposal from specified land disposal restrictions. States that a no migration variance is not required for waste disposal at WIPP. Repeals the mandate for: (1) determination of noncompliance with EPA requirements for test, disposal and decommissioning phase activities; (2) retrievability of transuranic waste if WIPP violates final EPA disposal regulations; and (3) a plan for the decommissioning of WIPP. (Sec. 3055) Authorizes WIPP to receive transuranic waste, within a specified capacity, from the Secretary which did not result from a defense activity. Subtitle E: Naval Petroleum Reserves - Naval Petroleum Reserve Privatization Act of 1995 - Amends Federal law to require the Secretary to: (1) sell to private interests all Federal interest in the naval petroleum and oil shale reserves; and (2) enter into contracts for such sale by December 31, 1996. Prescribes a sales administration and finalization schedule to be concluded by November 1, 1996. Prescribes special rules governing the sale of Naval Petroleum Reserve Numbered l (Elk Hills, California), including: (1) production allocation; (2) maintenance of production pending sale; and (3) set aside of sale proceeds on account of California claims. Instructs the Secretary to exercise certain termination procedures so that a specified contract with the Bechtel Petroleum Operation, Inc. terminates not later than the closing date of the sale of such Reserve. Exempts the sale of naval petroleum reserves from congressional notification and consultation requirements, as well as: (1) presidential approval; and (2) the Attorney General's impact evaluation. Title IV: Committee on Economic and Educational Opportunities - Subtitle A: Higher Education - Higher Education Program Efficiency Act of 1995 - Amends student aid provisions of the Higher Education Act of 1965 (HEA) to terminate program authority, funding, and authority to enter into new agreements for the William D. Ford Federal Direct Loan Program. Revises provisions for funds for administrative expenses. (Sec. 4003) Eliminates certain grace period interest subsidies for new student loans. (Sec. 4004) Revises the parent loan (Federal PLUS loans) program to: (1) set a $15,000 maximum limitation on the amount parents may borrow for one student in any academic year; (2) require each holder of a PLUS loan to pay biannual rebates of interest subsidies to the Secretary of Education (Secretary in this title); and (3) raise interest rates on PLUS loans. (Sec. 4005) Requires a loan transfer fee to be paid by the transferee to the Secretary. (Sec. 4006) Requires the originating lender to remit a fee to the guarantee agency. (Sec. 4007) Revises HEA student aid provisions relating to: (1) reserve funds; (2) the free Federal application for student loans, in an electronic or other format; (3) Federal interest subsidies; (4) a reinsurance percentage; (5) loan fees from lenders; and (6) an audit exemption for small lenders. Excludes loans made or held as a trustee or in a trust capacity for the benefit of a third party from consideration in determining whether the making or holding of loans to students and parents is the primary consumer credit function of the eligible lender. Includes as an eligible lender under the student loan insurance program a wholly owned subsidiary company which, as of the enactment of this Act, acts as a finance company and participates in the authorized program pursuant to specified provisions. (Sec. 4008) Requires guarantee agencies to use at least 50 percent of their reserve funds to purchase and hold defaulted loans that they guarantee and for which insurance claims are filed by the eligible lender, with specified exceptions. (Sec. 4009) Extends the period during which a guaranty agency is required to hold a defaulted loan under certain conditions. Prescribes requirements for the new extended holding period program with respect to subject loans, excluded loans, and guaranty agency efforts during such period. Prohibits the Secretary from regulating the collection activities of a guaranty agency with respect to any loan which is subject to such extended holding period and for which reinsurance has not been paid. (Sec. 4010) Provides for the privatization and renaming of the College Construction Loan Insurance Association, and the cessation of Federal sponsorship. Repeals provisions for such Association under HEA. (Sec. 4011) Revises, for purposes of the definition of proprietary institution, provisions relating to consideration of revenues from sources that are not derived from funds provided under HEA student aid provisions. (Sec. 4012) Extends the duration of the Federal student loan insurance program. Terminates the authority to make Federal consolidation loans as of the end of FY 2002. Subtitle B: Davis-Bacon and Service Contract Repeals - Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). (Sec. 4102) Repeals the Service Contract Act of 1965. Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 - Provides that, for certain purposes under the Employee Retirement Income Security Act of 1974 (ERISA), the prescribed minimum period between provision of a joint and survivor annuity explanation and the annuity starting date shall not apply if waived by the participant and, if applicable, the participant's spouse. Title V: Committee On Government Reform and Oversight - (Bill text to be supplied.) Title VI: Committee on International Relations - Amends the Foreign Assistance Act of 1980 to include under the State Department health care program for coverage abroad any other persons designated by the Secretary of State (Secretary in this title) in addition to Foreign Service members, other Federal employees abroad, and their families. Authorizes the Secretary, under such program, to collect from a third party payer the reasonable costs incurred by the Department on behalf of covered beneficiaries (excluding such additional Secretary-designated persons) for health care services to the same extent that such a beneficiary would be eligible to receive indemnification from the third party payer for such costs. (Sec. 6001) Authorizes the Secretary to collect from a non-covered person (including such additional Secretary-designated persons) who receives health care services under such program the reasonable costs of such services incurred by the Department on the person's behalf. (Sec. 6002) Enacts into law Division A of H.R. 1561, as passed the House of Representatives on June 8, 1995 (relating to consolidation of foreign affairs agencies). Title VII: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend provisions regarding surcharges on patent and trademark fees through FY 2002. Specifies patent and trademark user fee amounts to be collected through establishment of surcharges for FY 1999 through 2002. Title VIII: Committee on National Security - Subtitle A: Military Retired Pay - Limits to FY 1995 (currently, through FY 1998) the authority for certain cost-of-living adjustments (COLAs) to military retired and retainer pay. Makes the FY 1996 COLA for military retirees first payable for March 1996. Subtitle B: Naval Petroleum Reserves - Directs the Secretary of Energy (Secretary in this title) to sell all U.S. rights and interest to naval petroleum and oil shale reserves. Requires contracts for such sales to be entered into no later than September 30, 1996. Requires the Secretary to retain the services of: (1) five independent experts for the separate valuation of each of the five reserves; and (2) an investment banker to independently administer the sales. Provides special administrative requirements with respect to the sale of Naval Petroleum Reserve Numbered 1, in Elk Hills, California, including the requirement that the Elk Hills unit continue current full production until the completion of its sale. Provides for the termination of a current Elk Hills naval petroleum sales contract. Directs the Secretary to offer to settle all claims against the United States by the State of California and the California Teachers' Retirement Fund with respect to land within the Elk Hills unit. Requires a 15-day prior congressional notification period before entering into a sales contract with respect to a naval petroleum reserve. Subtitle C: National Defense Stockpile - Directs the President during FY 1996 to dispose of: (1) all cobalt contained in the National Defense Stockpile (NDS) that is authorized for disposal under any law; and (2) additional quantities of specified materials in the NDS so as to result in specified receipts for FY 1996 through 2002. Limits disposal quantities with respect to each item. Requires deposit into the Treasury of all sale receipts. Terminates the disposal authority on the date on which the total receipts desired are achieved. Title IX: Committee on Resources - Subtitle A: Alaska and Helium Privatization - Part I: Alaska - Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil unless the President finds, within five months after enactment of this Act, that such exportation is not in the national interest. Sets forth mandatory considerations in evaluating whether such exportation is in the national interest, including an environmental review and supply and employment impact analysis. Mandates that, except in certain cases, such oil be transported by U.S.-owned merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. (Sec. 9001) Instructs the Secretary of Commerce to issue, within 30 days after the President's national interest determination, necessary rules, including any licensing requirements and conditions, to implement such determination. Directs the Secretary of Commerce to recommend that the President take appropriate action (including modification of export authorization) if oil exports under authority of this Act have caused sustained material supply shortages or price increases significantly above world market levels, together with sustained material adverse effects upon domestic employment. Instructs the Comptroller General to review and report to specified congressional committees on energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports upon consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii. (Sec. 9002) Declares it is the purpose of this section to reduce the Federal deficit by a specified amount over five years as a result of competitive bonus bids for oil and gas leases in the coastal plain of the Arctic National Wildlife Refuge (coastal plain). States that the Congress hereby determines that this section's oil and gas leasing program in the coastal plain is compatible with the purposes of the Arctic National Wildlife Refuge, and that no further findings or decisions are required to implement this determination (thereby avoiding statutorily-mandated environmental determinations). Instructs the Secretary of the Interior (Secretary in this title) to promulgate regulations within six months after enactment of this section governing a coastal plain leasing program for oil and gas exploration, development, production and transportation. Mandates that the first lease sale of at least 200,000 acres be conducted within 12 months after enactment of this section. Requires lease sales to be based upon an industry nomination process. Directs the Secretary to grant to the highest bidders any oil and gas lease on unleased Federal lands within the coastal plain at royalty payments of at least 12 1/2 percent. Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its proscription against the production of oil and gas from the Arctic National Wildlife Refuge. Declares this section is the primary land management authorization for all coastal plain exploitation activities, and that no land management review, determination, or other action shall be required. Authorizes the Secretary to close to leasing and designate up to 30,000 acres of the coastal plain as Special Areas if these lands are of such unique character and interest so as to require special management and regulatory protection. Directs the Secretary to develop guidelines to encourage the siting of facilities with common use characteristics (services bases, ports and docks, airports, major pipelines and roads) in a manner which: (1) leads to facility consolidation; (2) avoids duplication; (3) utilizes existing facilities; (4) minimizes impacts on fish, wildlife, habitat and sustenance activities of residents of Native communities; and (5) avoids disruption of the lives of residents of the Village of Kaktovik and other communities. Authorizes the Secretary to grant coastal plain rights-of-way and easements for pipeline construction and oil and gas transportation. States that the "Final Legislative Environmental Impact Statement" (April 1987) is adequate and legally sufficient for all activities related to coastal plain exploitation. Mandates that 50 percent of Federal revenues from the coastal plain be paid to the State of Alaska. Instructs the Secretary to convey: (1) the surface estate of specified lands to the Kaktovik Inupiat Corporation; and (2) the subsurface estate beneath surface estate to the Arctic Slope Regional Corporation. Establishes a Community Assistance Fund funded with the Federal share of coastal plain revenues to assist regions impacted by the activities under this Act. Establishes: (1) the National Endowment for Fish and Wildlife; and (2) the Fish and Wildlife Conservation Commission. (Sec. 9003) Directs the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Eklutna Purchasers). Authorizes appropriations to prepare or acquire the Snettisham and Eklutna assets for such sale and transfer. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under a certain statutory selection entitlement. Grants the State of Alaska one year within which to select lands authorized under this Act or any Purchase Agreement incorporated or ratified by it, notwithstanding expiration of such right under specified law. Sets a deadline by which the Secretary of Energy must: (1) complete the business of and close out the Alaska Power Administration (APA); (2) report to the Congress documenting such sale; and (3) return to the Treasury unobligated balances of funds appropriated for the (APA). Part 2: Helium Privatization - Helium Privatization Act of 1995 - Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. (Sec. 9013) Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. (Sec. 9014) Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. (Sec. 9015) Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. (Sec. 9017) Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines. (Sec. 9018) Directs the Secretary to convey to the Texas Plains Girl Scout Council for consideration of one dollar 331 acres in Potter County, Texas, reserving easements to the United States for pipeline rights-of-way. Subtitle B: Water and Power - Part 1: Power Marketing Administration - Power Administration Act - Directs the Secretary of Energy to: (1) sell the Southeastern Power Administration (SEPA); (2) retain a private sector firm to serve as financial and bid management advisor regarding such sale; (3) use specified amounts from unobligated balances to fund sale preparation costs; and (4) complete all sales between July 1, 1999, and September 30, 1999. (Sec. 9202) States that the SEPA purchasers should, if practical, attempt to offer to employ those former employees who are necessary for its continued operation. (Sec. 9203) Grants the Federal Energy Regulatory Commission FERC) jurisdiction over the rates, charges, and licenses established for the wholesale sale of electric power from such former SEPA. Exempts such newly privatized hydroelectric projects from specified environmental protection laws. Declares that any Federal power site reservation which exists on any lands, whether Federally or privately owned, that are included within the final project boundaries of a FERC-approved transferred hydroelectric project shall be vacated by operation of law upon issuance of a license for such project. (Sec. 9204) Amends the Energy and Water Development Appropriations Act of 1993 to repeal the proscription against using Federal funds to study "market rate" pricing of hydroelectric power (as opposed to current "at cost" pricing) by the Federal public power authorities. Directs the Secretaries of Energy and of the Interior to retain a private sector advisor with respect to selling all facilities and related appurtenances used to generate the electric power marketed by the Southwestern and Western Area Power Administrations. (Sec. 9205) Restructures the capital investment costs of the Bonneville Power Administration (BPA) in order to arrive at new principal amounts bearing interest rates at the Treasury rate for the old capital investment. Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to provide that payments made by the BPA Administrator to the tribes pursuant to a certain settlement agreement shall be a credit that reduces the Administrator's payments to the Treasury by specified amounts. Requires contract provisions governing the sale of BPA assets to reflect the restructured principal amounts and interest rates. Directs the Administrator to determine: (1) the effect that increases in electric power sales rates may have on the BPA customer base; and (2) the total prior costs incurred by BPA for compliance with the Endangered Species Act of 1973 and total anticipated future compliance costs. Part 2: Reclamation - Amends the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of a certain repayment contract between the United States and the Central Utah Water Conservancy District under terms similar to a certain supplemental contract that provided for the prepayment of the Jordan Aqueduct. Requires the District to exercise its right to prepayment by the end of FY 2002. (Sec. 9212) Treats the city of Folsom, California, as a Central Valley Project contractor for purposes of being considered eligible to be a transferee of Central Valley Project water earmarked for municipal and industrial purposes. (Sec. 9213) Sly Park Unit Conveyance Act - Instructs the Secretary to: (1) sell the Sly Park Unit (Sly Park Dam and Reservoir, Camp Creek Diversion Dan and Tunnel and conduits and canals) in California to the El Dorado Irrigation District for a specified price; (2) transfer and assign certain water rights to such District; (3) convey all Federal interest in the Sly Park Unit to the District. States that the Congress specifically finds that such sale and water rights conveyance are not subject to specified environmental protection laws. (Sec. 9214) Amends the Act of December 19, 1913 to revise guidelines governing funds pertaining to the Hetch Hetchy Dam. Subtitle C: National Parks, Forests, and Public Lands - Part 1: Concession Reform - Visitor Facilities and Services Enhancement Act of 1995 - Defines "Secretary concerned" for purposes of this Part as: (1) the Secretary of Interior with respect to the U.S. Fish and Wildlife Service, the National Park Service, the Bureau of Land Management, and the Bureau of Reclamation; (2) the Secretary of Agriculture with respect to the Forest Service; and (3) the Secretary of the Army with respect to the U.S. Army Corps of Engineers. (Sec. 9304) Authorizes the Secretary concerned, under specified conditions, to enter into: (1) a concessioner service agreement (agreement) and issue either a competitive or noncompetitive offering for concessioner services, facilities, or activities (requires a lease to be issued if the concessioner develops or uses fixed facilities on Federal lands); or (2) a license for concession services when the Secretary determines there is no need to limit the number of concessioners providing such services. Sets forth provisions requiring: (1) designation by the Secretaries concerned of a lead agency concerning concessions which conduct a single operation on lands or waters under multiple jurisdictions; (2) such lead agency to be that agency under whose jurisdiction the concessioner generates the greatest amount of gross receipts, unless otherwise agreed; and (3) such designated agency to issue one authorization and collect one fee under this Act for the operation. Exempts: (1) leases or licenses of entire areas to States or other political subdivisions; and (2) any third party agreement insured by such entities concerning such areas. (Sec. 9305) Requires the Secretary concerned to: (1) enter into and reissue an agreement with the person who submits the best proposal through a competitive process as defined in this Act; and (2) prepare a solicitation and prospectus which describes the concession service opportunity and publish announcements of the availability of such solicitation, prospectus, and opportunity in appropriate locations. Sets forth provisions regarding: (1) factors and minimum standards used to determine the best proposal; (2) the selection process; (3) the categorical exclusion provided by the National Environmental Policy Act of 1969 to temporary extensions and similar reissuance of agreements to provide concession services similar in nature and amount to concessions services provided under the previous authorization; and (4) modification of agreements. (Sec. 9306) Requires the Secretary concerned: (1) for the duration of an agreement, to develop a program of annual evaluations of the concessioners operating under the agreement who are providing visitor services in areas under the Secretary's jurisdiction; (2) to seek broad public input from concessioners, State agencies, and other interested persons in developing such program; and (3) to review the performance of each concessioner at least semiannually and to assign each concessioner an overall rating for each year. Authorizes the Secretary concerned to suspend, revoke, or terminate a concession authorization if a concessioner, after being notified that its performance is unsatisfactory, fails to correct the conditions identified as required. Sets forth provisions providing for performance incentives for incumbent concessioners and a renewal penalty for a concessioner whose annual performance is found to be unsatisfactory. (Sec. 9307) Limits concessioners to construction or financing of construction of public facilities on Federal lands that are to be used by the concessioner under the terms of its agreement or facilities necessary for the concessioner to administer such public facilities on Federal land. Provides that a concessioner required or authorized by an agreement to construct any structure, improvement, or fixture on Federal lands shall have an investment interest therein, to the extent provided by the agreement and this Part. Prohibits such investment interest from being extinguished by the expiration of the agreement. Allows the investment interest to be assigned, transferred, encumbered, or relinquished. Sets forth limitations on such interest. Requires the agreement to specify which new improvements, if any, shall become Government property upon its expiration. Bars a concessioner from obtaining an investment interest in any building which is wholly owned by the Government. Provides that the title to the land on which such structure, improvement, or fixture is placed shall be owned by the United States. Directs the Secretary concerned to: (1) require the new concessioner to buy the investment interest of the existing concessioner not selected as the best qualified applicant at the time of reissuance of an agreement; and (2) compensate the concessioner in an amount equal to the value of the concessioner's investment interest in facilities that are discontinued or closed by reason of the Secretary's decision. Sets forth a formula for determining the value of an investment interest of any capital improvement at the end of the agreement period. (Sec. 9308) Establishes a ten-year term for an agreement. Allows the Secretary concerned to issue such agreement for less than ten years but at least for five years if the Secretary determines that the average annual gross receipts over its life would be less than $100,000. Requires the Secretary to issue the agreement for longer than ten years if the Secretary determines that it is in the public interest or necessary due to the extent of investment and associated financing requirements and to meet the obligations assumed. Limits the term of an agreement to 30 years and the term of a concession license to two years. Allows the Secretary to agree to temporary extensions of agreements for up to two years on a noncompetitive basis to avoid interruption of services to the public. (Sec. 9309) Sets forth provisions regarding: (1) rates and charges (requires, for agreements only, rates and charges to the public to be set by the concessioner, subject to the concerned Secretary's approval only where the Secretary determines that sufficient competition for such facilities and services does not exist within or in close proximity to the area in which the concessioner operates); and (2) the transfer or assignment of such agreements, with the Secretary's approval. Prohibits the transfer of a concession license. (Sec. 9311) Requires the Secretary concerned to establish a fee for the privilege of providing concession services. Allows such fee to include: (1) an annual cash payment for the privilege of providing concession services; (2) the amount required for capital improvements required pursuant to this Act; (3) fees for rental or lease of Government-owned facilities or lands occupied by the concessioner; or (4) expenditures for maintenance of, or improvements to, such Government-owned facilities. Directs the Secretary concerned to establish a minimum fee for each of such components. Provides that the final fee shall be the amount bid by the selected applicant under the competitive selection process, with the exception that the Secretary concerned: (1) shall base the final fee for simultaneous authorizations for river runners, outfitters, or guide concession operations of substantially similar services in a specific geographic area on historical data, where available, as well as on industry- specific and other available market data; or (2) may establish a charge per user day. Sets forth provisions concerning: (1) adjustments of fees; and (2) a concession license fee (such fee shall at least cover the program's administrative costs and may not be changed over the term of the license). (Sec. 9312) Requires a concessioner to establish a concession improvement account if the agreement requires the individual to make capital improvements or occupy Government-owned facilities. Specifies provisions concerning such account with respect to: (1) terms and conditions; (2) disbursements; (3) records; (4) an annual financial statement; and (5) transfer of a remaining balance (upon the termination of a concession authorization or upon the transfer of an agreement). Requires the Secretary concerned to: (1) deposit up to a specified amount of receipts from concession services fees and the rental of Government-owned facilities for a fiscal year in the Treasury as miscellaneous receipts for the National Park Service for FY 1997 through 2002; (2) deposit receipts exceeding such specified amounts into concession improvement accounts to be distributed to each concessioner for expenditures on visitor services and facilities; and (3) develop a schedule of anticipated receipts to be deposited into the Treasury for other agencies covered under this Part and to submit such schedule to appropriate congressional committees within 18 months of this Act's enactment. Requires the Inspector General of the Department concerned, beginning with FY 1998, to biennially audit and report to specified congressional committees on such generated concession fees. (Sec. 9313) Requires the Board of Contract Appeals (Board) within each Department to adjudicate disputes between the Government and concessioners arising under this Part. Sets forth dispute procedures which: (1) permit agency decisions to be appealed to the Board after one level of administrative review; (2) demand an expedited procedure for consideration of appeals to suspend, revoke, or terminate a concession authorization; (3) allow a person to seek judicial review of decisions made by the Board; and (4) exclude the expiration of a concession authorization from appeal. Excludes disputes arising under this Part from the jurisdiction of the General Accounting Office to review bid protests under the Competition in Contracting Act of 1984. (Sec. 9314) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year of each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the concession authorization involved. (Sec. 9315) Provides that the following laws and regulations shall not apply to agreements and concession licenses under this Part: (1) Title III of the Federal Property and Administrative Services Act of 1949; (2) the Office of Federal Procurement Policy Act; (3) the Federal Acquisition Streamlining Act of 1994; (4) the Brooks Automatic Data Processing Act; (5) provisions of Federal law relating to U.S. armed forces general and miscellaneous procurement; (6) the Federal Acquisition Regulation (FAR) and any unspecified laws providing authority to promulgate regulations in FAR; (7) the Randolph-Sheppard Act; and (8) the Service Contract Act of 1965. Repeals the Concessions Policy Act of 1965 and provisions of Federal law concerning: (1) the use and occupation of national forest lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational, or public use; (2) the use of Forest Service appropriations for operation, repair, maintenance, and replacement of motor and other equipment; and (3) the rental of fire control equipment to non-Federal agencies. Provides that the provisions of this Part shall supersede the provisions of the following Acts as they pertain to concessions management: (1) the Federal Land Policy and Management Act of 1976; (2) the Refuge Recreation Act; and (3) the National Wildlife Refuge System Administration Act of 1966. Prohibits the Secretary of the Army from leasing lands, including structures or facilities thereon, at water resource development projects for commercial concessions purposes. Provides that: (1) the right of renewal explicitly provided for by any concession contract affected by the repealing, superseding, or amending of the provisions of an Act referred to in this Part shall be preserved for a single renewal of a contract following the enactment of this Part; (2) nothing in this Part shall be construed to change the value of existing capital improvements or possessory interests as identified in concession contracts entered into before this Act's enactment nor to amend, supersede, or otherwise effect any provision of the Alaska National Interest Lands Conservation Act relating to revenue-producing visitor services; and (3) no provision of this Part shall apply to any ski area permittee operating on lands administered by the Forest Service. Sets forth procedures for the reissuance of existing concessioner contracts which: (1) have expired before or within five years of this Act's enactment; and (2) are entered into before, and projected to terminate five years or more after, such enactment. Part 2: National Forest Ski Areas - Requires the Secretary of Agriculture, within five years after the enactment of this Part, to offer to sell at least 40 ski areas to the qualifying ski area operator. Provides that, for purposes of such sale, lands are qualifying concession lands if they are: (1) subject to a lease on this Act's enactment date for use as a ski area with improvements with a fair market value greater than $2,000,000; and (2) located either adjacent to the boundary of the Federal lands or adjacent to other significant private inholdings. Requires the Secretary to provide for an independent appraisal of the lands and interests to be transferred. Authorizes the Secretary to transfer, by sale or exchange, additional National Forest System lands for purposes of adding such lands to, and operating them as part of, such ski areas. Sets forth provisions for the use of proceeds generated through the sales. (Sec. 9322) Amends the National Forest Ski Area Permit Act of 1986 to require that the fee for all ski area permits on National Forest System lands be calculated, charged, and paid according to a specified formula. Provides that the terms of any existing ski area permit in effect on this Act's enactment that specify a different fee calculation method shall prevail unless the permit holder notifies the Forest Service that the individual agrees to adopt the specified formula. Requires the Forest Service to encourage such permit holder to consider adopting the new formula in order to reduce administrative costs. Sets forth provisions regarding: (1) minimum rental fees; (2) time for payment; (3) requirements for reports by the Secretary to specified congressional committees analyzing whether the ski area permit system legislated by this Act is returning fair market value rental to the United States, together with any recommendations the Secretary may have for modifications in the system; (4) transition of the new ski area permit fee; (5) applicability of the National Environmental Policy Act of 1969 to reissuance of ski area permits; and (6) withdrawal of ski areas from operation of mining laws. Part 3: Domestic Livestock Grazing - Sets forth applicable regulations for domestic livestock grazing on Bureau of Land Management and Forest Service lands. Establishes: (1) a basic grazing fee formula based upon the three-year average of the value of livestock production (exclusive of certain progeny) and the ten-year average of certain Treasury bill rates; and (2) a 15-year permit tenure. Exempts grazing activities in conformance with land use plans from further documentation required under the National Environmental Policy Act of 1969. Part 4: Regional Disposal Facility of Southwestern Low Level Radioactive Waste Disposal Compact - Provides for the transfer of specified Federal land in California (Ward Valley site) to the State of California for use as a low level radioactive waste disposal site. Subtitle D: Territories - Part 1: Commonwealth of the Northern Mariana Islands - Terminates certain annual grants to the Commonwealth of the Northern Mariana Islands. Part 2: Territorial Administrative Cessation Act - Territorial Administrative Cessation Act - Abolishes the Office of Territorial and International Affairs of the Department of the Interior. Subtitle E: Minerals - Part 1: Hardrock Mining - States that, unless specified patent transition procedures are met, patents will be issued upon payment of the fair market value of the Federal interest in the land, exclusive of, and without regard to: (1) the mineral interests it contains; or (2) its use for mineral activities. Subjects such patents to a Federal royalty. (Sec. 9503) Subjects the production and sale of locatable minerals from an unpatented mining claim to a royalty of 3 1/2 percent on the net proceeds. Cites royalty exclusions. States that the royalty obligation only accrues upon the sale of mining claim products, not upon their stockpiling for future processing. Defines net proceeds and gross yield for purposes of determining royalty obligations. Excludes from gross yield profits or losses incurred in connection with forward sales, futures or commodity options trading, or any other price hedging or speculative transaction. Delineates limitations and allocations of net proceeds, gross yield, and allowable costs. Requires the Secretary of the Interior to assess interest on unpaid royalties. Declares that the owner of a mining claim under this Act is not under an implied covenant to undertake activity as a result of the obligation to pay a royalty. Emphasizes that any such activity is in the sole discretion of the claim owner. (Sec. 9504) Amends specified Federal law to provide that all deposits of mineral materials, including block pumice, shall be subject only to the disposal guidelines of the Materials Act of 1947. Amends specified mining law to open lands with valuable mineral deposits to leasing by the Secretary, conditioned upon: (1) minimum royalty payments of two percent of the gross value of its output; and (2) payment of 25 cents per acre for the first year, 50 cents per acre through the fifth year, and one dollar thereafter. Credits such rental against royalties. Authorizes the Secretary to grant prospecting permits conferring the exclusive right to prospect for mineral materials in specified Federal lands. Entitles a permittee who has discovered valuable minerals to a lease at a royalty of at least two percent of the gross value of the output at the point of shipment to market. Amends Federal law regarding unpatented mining claims to reserve in the United States the right to manage and dispose of the mineral material surface resources prior to issuance of a mining claim patent. Repeals the Building Stone Act and the Saline Placer Act. Amends Federal mining law to authorize the Secretary to contract for the disposal of mineral materials. Restricts the maximum royalty for the gross value of the output of sodium compounds to five and one- half percent unless certain conditions are met. (Sec. 9505) Mandates an annual maintenance fee (including an initial maintenance, or location, fee), payable in advance, for each unpatented mining claim or site until a patent has been issued therefor. Exempts from such annual maintenance requirements owners who certify that Federal, State, or local governmental actions, including actions of an Indian tribal authority, have impeded access to their claims or sites. Sets forth an annual maintenance fee schedule ranging from $100 for the first three years to $500 after the fifteenth year. Identifies annual labor activities which may be credited dollar for dollar up to 75 percent of the annual maintenance fee payable. Permits excess annual labor expended over such percentage limitation to be applied to future maintenance fees. Provides that maintenance fee statements identifying the pertinent claim or site shall be in lieu of any Federal (but not State) annual mining filing requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Reduces the annual claim maintenance fee payments for unpatented mining claim or site by the amount of royalty paid for such site or for any contiguous claim or site. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. Repeals the $25 location fee requirements of the Omnibus Budget Reconciliation Act of 1993. Instructs the Secretary to periodically review departmental costs and the maintenance and location fee structure and report thereon to the Congress. Part 2: Federal Oil and Gas Royalties - Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to place primary liability for lease obligations upon either the person to whom the United States issues a lease, or the current owner of operating rights, but not both. Permits a lessee to designate a person to act on the lessee's behalf, subject to written notification of the Secretary. (Sec. 9513) Bars a judicial proceeding relating to an obligation that is not commenced within six years from the date on which the obligation falls due. Prescribes procedural guidelines for: (1) tolling of the period of limitations; (2) adjustments and refund; and (3) recordkeeping requirements. (Sec. 9516) Authorizes the Secretary to waive royalty interest. Requires the Secretary to pay or credit interest on overpayments of royalties, except on overpayments made solely to accrue such interest. Provides for payments of estimated royalties. Prescribes a general procedure for the volume allocation of oil and gas production. (Sec. 9517) Amends FOGRMA to proscribe assessments for late payment or underpayment. Restricts assessments to erroneous reports solely (but permits the imposition of penalties or interest for late payments or underpayment under other sections of such Act). (Sec. 9518) Prescribes guidelines under which a lessee may make prepayments in lieu of royalty payments for a marginal property which is not cost-effective for the Secretary to administer. Instructs the Secretary to provide accounting, reporting, and auditing relief that will encourage lessees to continue to produce and develop such properties. (Sec. 9519) Amends the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping requirements. Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public for no more than its regulated price, or, if no regulated price applies, not less than fair market value). (Sec. 9520) Amends FOGRMA to instruct the Secretary to streamline and simplify current royalty management requirements, including reporting, instruction, audits and collections. (Sec. 9521) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties. Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments. (Sec. 9522) Revises the Secretary's authority to delegate to the States all authority and responsibility to conduct audits, inspections and production and royalty accounting duties with respect to all Federal lands within their borders. Includes production and royalty accounting duties and responsibilities among such delegable authorities. Repeals the requirement that the Secretary receive permission from the Indian tribe allottee involved before undertaking such a delegation with respect to any Indian lands. Authorizes a State to request the Secretary to sell the revenue stream from certain Federal leases on marginal properties. (Sec. 9523) Amends FOGRMA to replace the knowing and willful standard for certain violations which incur a civil penalty to a standard of willful misconduct or gross negligence (a higher more difficult standard of proof). (Sec. 9524) Excludes Indian lands and privately owned minerals from the purview of this Act. Subtitle F: Indian Gaming and Health - Part 1: Indian Gaming - Amends the Indian Gaming Regulatory Act to increase fee-based funding for the National Indian Gaming Commission from class II gaming activities. Prohibits authorization of appropriations for Commission operations. Part 2: Indian Health: Medicaid - Amends the Indian Health Care Improvement Act with regard to the Medicaid program to: (1) clarify the inclusion of Indian tribes and organizations for current payment and reimbursement provisions; and (2) provide for their inclusion as well as that of any currently eligible individual Indian in any subsequent program. Part 3: Indian Health: Medicare - Amends the Indian Health Care Improvement Act to make similar amendments with regard to the Medicare program. Subtitle G: Consultation - Amends the Endangered Species Act of 1973 to state that the limitation of resources commitment between a Federal agency and a permit or license applicant shall only apply to site-specific projects or activities. Subtitle H: Mapping - Department of the Interior Surveying and Mapping Efficiency and Economic Opportunity Act of 1995 - Directs the Secretary to conduct a surveying and mapping contracting program. Provides for: (1) a published survey of Department of the Interior mapping and surveying activities; and (2) increased use of private services. Subtitle I: National Park System Reform - National Park System Reform Act of 1995 - Part 1: National Park System Plan - Directs the Secretary to prepare a National Park System (System) Plan to guide the direction of the System into the next century. Provides for: (1) a System management review; (2) the establishment of a related National Park System Review Commission; and (3) a report on procedures taken to ensure the safety of National Park Service employees. Authorizes appropriations. Part 2: New Area Establishment - Removes certain reporting requirements concerning additional System areas. Directs the Secretary to annually submit to the appropriate congressional committees a study of proposed new System areas. Title X: Committee on Transportation and Infrastructure - Subtitle A: Water Resources - Prohibits the Secretary of the Army from modifying any concession service agreement, concession license, or similar instrument except to the extent permitted under law before enactment of this Act. (Sec. 10002) Prohibits the sale of any project or project feature operated by the Corps of Engineers, including any dam, lock, reservoir, related transmission and generation structures, equipment, facilities, and real property. Requires the Secretary of the Army to cooperate with a non-Federal purchaser of electric power generated at any project under the jurisdiction of the Secretary to facilitate the purchaser's access to, operation of, and maintenance, repair, rehabilitation, and replacement of hydroelectric power facilities at such project. (Sec. 10003) Authorizes the Director of the Federal Emergency Management Agency (FEMA) to assess and collect fees from persons subject to radiological emergency preparedness regulations. Terminates such assessment authority on September 30, 2002. Subtitle B: Ocean Shipping Reform - Ocean Shipping Reform Act of 1995 - Amends the Shipping Act of 1984 to include as one of its purposes the granting of authority to carriers and shippers to develop transportation arrangements to meet their specific needs. (Sec. 10212) Redefines the term "conference," with respect to an association of ocean carriers permitted, pursuant to an approved agreement, to engage in concerted activity, to change "common tariff," which they all utilize, to "common schedule of transportation rates, charges, classifications, rules, and practices." Defines ocean freight forwarder and shippers' association. (Sec. 10213) Revises the scope of the Shipping Act of 1984, with respect to certain agreements by or among ocean common carriers, to: (1) substitute "ocean freight forwarders" for "non-vessel-operating common carriers" in exclusive, preferential, or cooperative working arrangements with ocean common carriers covered by the Act; and (2) cover agreements that discuss any matter related to ocean transportation contracts, and enter ocean transportation contracts and agreements related to those contracts. Repeals coverage of agreements to regulate or prohibit the use of service contracts. (Sec. 10214) Revises provisions relating to independent actions on certain matters by members of a shipping conference agreement. (Sec. 10216) Amends the High Seas Driftnet Fisheries Enforcement Act to repeal the automated tariff filing and information system provisions of such Act. Amends the Shipping Act of 1984 to revise provisions relating to: (1) schedules of transportation rates, terms, and conditions of common carriers and conferences for transportation services not governed by an ocean transportation contract; (2) ocean transportation contracts between one or more common carriers and a conference and one or more shippers; and (3) prohibited acts by persons or common carriers with respect to the provision of ocean transportation services. (Sec. 10219) Revises provisions for actions that the Federal Maritime Commission (FMC) may take against foreign carriers whose practices in a foreign country result in conditions that adversely affect U.S. carriers in the oceanborne trade, and do not exist for foreign carriers of that country in the United States. (Sec. 10220) Authorizes the Secretary of Transportation to request the Secretary of the Treasury to refuse or revoke any clearance required for a common carrier vessel if such carrier fails to supply certain information in a FMC investigation or adjudicatory proceeding. (Sec. 10224) Revises certain license and bond requirements with respect to ocean freight forwarders. (Sec. 10227) Requires marine terminal operators to make available to the public any schedules of rates, regulations, and practices, including limitations of liability, pertaining to receiving, delivering, handling, or storing property at its marine terminal. (Sec. 10231) Revises provisions concerning the unjustness and unreasonableness of controlled carrier rates. Declares that the rate standards, information submissions, remedies, reviews, and penalties under the Shipping Act of 1984 shall apply to ocean common carriers that are not controlled, but which have been determined by the Secretary of Transportation to be structurally or financially affiliated with nontransportation entities or organizations (government or private) in such a way as to affect their pricing or marketplace behavior in an unfair, predatory, or anticompetitive way that disadvantages them. Requires the Secretary to prescribe regulations that would govern how price and other information is to be submitted by controlled and non-controlled carriers when such information would be needed to determine whether prices charged by them are unfair, predatory, or anticompetitive. (Sec. 10232) Directs the Secretary to develop, and submit to the Congress, a negotiation strategy to persuade foreign governments to divest themselves of ownership and control of ocean common carriers. (Sec. 10233) Requires the Secretary to submit to the Congress an annual report on: (1) actions taken under the Foreign Shipping Practices Act and certain sections of the Shipping Act of 1984 and this Act; and (2) the effect on U.S. maritime employment of laws, rules, regulations, policies, or practices of foreign governments, or any practices of foreign carriers or other persons providing maritime services in a foreign country that result in the existence of conditions that adversely affect the operations of U.S. carriers in U.S. oceanborne trade. (Sec. 10241) Requires the Director of the Office of Management and Budget to submit to the Congress a plan to eliminate the FMC no later than October 1, 1997. Authorizes appropriations. Subtitle C: Midewin National Tallgrass Prairie - Chapter 1: General Provisions - Entitles this subtitle the Illinois Land Conservation Act of 1995 (the Act, for purposes of this subtitle). Chapter 2: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie - Ratifies the proposals generally identified by the land use plan approved by the Joliet Arsenal Citizen Planning Commission on May 30, 1995. Transfers the portion of land from the Joliet Arsenal constituting the Midewin National Tallgrass Prairie to the Secretary of Agriculture. Provides that the Secretary of the Army and the Secretary of Agriculture shall both maintain security for designated portions of the Area. (Sec. 10312) Directs the Secretary of the Army to: (1) transfer the designated portions of Arsenal land to the Secretary of Agriculture within six months of the Act's enactment; and (2) retain jurisdiction over any real property at the Arsenal which may be used for actions required under any environmental law to remediate contamination or conditions of noncompliance. (Sec. 10313) States that any liability or responsibility of the Secretary of the Army under environmental laws shall not transfer with the transfer of Arsenal property. Orders any Federal department or agency with hazardous materials at the Arsenal to pay for the cost of cleanup. (Sec. 10314) Directs the Secretary of Agriculture to establish the Prairie on the date of transfer of portions of the Arsenal to be managed for National Forest Service purposes. Authorizes the Secretary of Agriculture to cooperate with appropriate Federal, State, and local governments, private organizations, and corporations in the management of the Prairie. (Sec. 10315) Prohibits the construction of roads through the Prairie. Specifies terms and conditions for special use authorizations for agricultural purposes. Authorizes the Secretary of Agriculture to charge user fees and to waive such fees for certain individuals. (Sec. 10316) Provides special disposal rules for certain land parcels at the Arsenal. Chapter 3: Other Real Property Disposals Involving Joliet Army Ammunition Plant - Directs the Secretary of the Army to transfer certain land parcels at the Arsenal to the Secretary of Veterans Affairs for use as a national cemetery. (Sec. 10322) Directs the Secretary of the Army to transfer a portion of the Arsenal to Will County, Illinois, for use as a landfill. Permits the United States to maintain a reversionary interest in the property for a five-year period, to be exercised if the County fails to meet the transfer conditions. (Sec. 10323) Directs the Secretary of the Army to transfer a portion of land at the Arsenal to the State of Illinois for economic redevelopment purposes. Conditions the receipt of the land upon the Illinois Governor establishing a redevelopment authority to oversee the economic development. Permits the United States to retain a 20- year reversionary interest in such land. Chapter 4: Miscellaneous Provisions - Provides that this subtitle does not alter any requirements to be carried out in compliance with existing environmental laws. Subtitle D: Miscellaneous Provisions - Extends through FY 2002 the current tonnage duties imposed upon foreign vessels entering into U.S. ports. (Sec. 10402) Directs the Administrator of General Services to: (1) sell all U.S. rights and interest to the land and related improvements at Governors Island, New York; (2) sell the air rights to the land adjacent to Union Station in Washington, D.C.; and (3) issue regulations requiring each executive agency to collect fees for the use of all parking facilities provided for such agency at Federal expense. Subtitle E: Economic Development Administration and Appalachian Regional Commission - Economic Development Partnership Act of 1995 - Chapter 1: Transfer of Functions of Economic Development Administration - Amends the Public Works and Economic Development Act of 1965 (the Act, for purposes of this subtitle) to provide congressional findings concerning the need for Federal assistance to economically distressed areas. Establishes an independent Economic Development Commission (EDC), to be headed by a Federal Cochairman. Directs the Federal Cochairman to establish in each of eight geographic regions of the United States an Economic Development Regional Commission (EDRC). Provides for: (1) necessary EDRC administrative powers; and (2) the establishment of the regions. Authorizes each EDRC to: (1) make direct grants for the acquisition or development of land and improvements for public works, public services, or development facility usage, as well as related activities; and (2) make supplementary grants to enable States and other entities to take maximum advantage of designated Federal grant- in-aid programs for which they are eligible but for which they cannot supply the required matching share due to their economic situation. Provides supplementary grant requirements, with exceptions. Requires each EDRC, in determining the amount available to any project, to consider the relative needs of the area and the nature of the project to be assisted. Directs the Federal Cochairman to prescribe appropriate rules and regulations, including those to assure that appropriate local governmental authorities are given a reasonable opportunity to review and comment on proposed projects. Authorizes an EDRC to make direct grants to any eligible recipient in an area which the EDRC determines has: (1) experienced or is about to experience an expected rise in unemployment or other economic adjustment problems; or (2) demonstrated long-term economic deterioration. Provides grant fund uses. Authorizes an EDRC to make such assistance available when an economic need is created due to the closure or realignment of a military installation, either at the installation or in adversely affected surrounding communities. Requires an annual report from grant recipients to its EDRC. Authorizes the sale of financial instruments in revolving loan funds to accomplish the purposes of this subtitle, requiring appropriate public review and comment. Authorizes an EDRC, under specified procedures and terms, to provide technical assistance to alleviate or prevent conditions of excessive unemployment or underemployment in areas which the EDRC finds have substantial need for such assistance. Authorizes an EDRC to: (1) furnish Federal procurement departments with a list of business firms located in distressed areas; and (2) make annual economic development planning grants to development districts. Defines eligible grant recipients and areas, with specified certification requirements. Authorizes an EDRC to provide assistance under the Act only if the applicant submits, and the EDRC approves, an investment strategy which identifies the economic development problems to be addressed, as well as related information. Authorizes an EDRC to designate appropriate economic development districts and economic development centers within such districts, under specified criteria. Requires the EDC to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments, and to help applicants for such assistance. Provides a preference for current Economic Development Administration (EDA) employees in considering employment applications at the EDC or an EDRC. Provides miscellaneous powers and duties of the Federal Cochairman in carrying out the Act. Requires an annual operations report to the Congress. Provides penalties for those persons: (1) making false statements in order to obtain assistance under the Act; and (2) who embezzle or commit other fraud-related crimes while connected in any capacity with the Federal Cochairman or an EDRC in the administration of the Act. Provides conflict-of-interest provisions. Provides recordkeeping requirements of the Federal Cochairman and each recipient of assistance under the Act. States that all financial assistance provided under the Act is in addition to, and shall not be construed to reduce or diminish, any other Federal assistance available to a State or other eligible entity. Authorizes appropriations for FY 1996 through 2000. Authorizes additional appropriations for defense conversion activities. Chapter 2: Appalachian Regional Development - Amends the Appalachian Regional Development Act of 1965 (the Act, for purposes of this chapter) to: (1) provide 1995 findings and purposes for the Act; (2) require the Appalachian Regional Commission (ARC) to meet at least once a year and allow the ARC to conduct additional meetings by electronic means; (3) require the ARC to obtain a quorum of State members before reaching certain decisions; (4) authorize appropriations for FY 1996 through 2000 for administrative expenses and expenses of the Federal Cochairman and staff; (5) extend through FY 2000 the authority to enter into contracts and leases under the Act; (6) extend through FY 2000 the authorization of appropriations for the Appalachian development highway system; and (7) reduce from 100 to 50 percent of program costs the Federal share of demonstration health projects in the Appalachian region under the Act, with an exception of 80 percent of such costs for counties designated as distressed. (Sec. 10526) Repeals the following programs and provisions under the Act: (1) the land stabilization, conservation, and erosion control program; (2) the timber development program; (3) the mining area restoration program; (4) the water resources development and utilization survey; (5) the Appalachian airport safety improvements program; (6) the sewage treatment works program; and (7) amendments to the Housing Act of 1954. (Sec. 10531) Reduces from 100 to 50 percent of program costs the Federal share of grants and loans to finance low and moderate income housing construction, with an exception of 80 percent in counties designated as distressed. Makes an identical Federal share cost reduction with respect to vocational education and education demonstration projects. (Sec. 10536) Limits ARC funding for supplements to other Federal grant-in-aid programs to 50 percent of project costs (with an 80- percent distressed county exception). Makes ineligible for such funding Appalachian development highway system projects. (Sec. 10537) Adds specified criteria and measurements to be considered when determining programs and projects to be given assistance under the Act. (Sec. 10538) Directs the ARC to designate as: (1) distressed those counties that are the most severely and persistently distressed and underdeveloped; and (2) economically competitive those counties which have attained substantial economic parity with the rest of the country. Prohibits assistance under the Act for a county designated as economically competitive (with exceptions). (Sec. 10539) Empowers the ARC (currently, the President) to make grants for administrative expenses and ARC research and development projects under the Act. Reduces from 75 to 50 percent of program costs the Federal share of such projects, with an exception of 80 percent for counties designated as distressed. Repeals provisions concerning such projects which: (1) require certain ARC studies and reports; (2) authorize appropriations through June 30, 1969; and (3) ensure public availability of all information obtained from such projects. (Sec. 10540) Extends through FY 2000 the authorization of appropriations and termination date under the Act. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Extension of Temporary Authorities - Extends through FY 2002: (1) the requirement that non- service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs (Department, for purposes of this title); (2) the authority for collection of a $2 copayment from veterans earning above a minimum income level for prescription medication furnished for outpatient treatment of a non-service- connected condition; (3) certain Department veterans' medical care cost recovery authority; (4) the authority under Federal veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs-based benefits; (5) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and surviving spouses who have no dependents and who are in Medicaid-participating nursing homes; (6) the authority of the Secretary of Veterans Affairs to charge and collect a home loan fee for housing loans which are guaranteed by the Department; and (7) the procedures applicable upon the default of such guaranteed loans. Subtitle B: Other Matters - Increases from $2 to $3 the prescription drug copayment required from certain veterans. Terminates the authority of the Secretary to waive such copayments or the collection of any indebtedness for failure to make such copayments. (Sec. 11022) Directs the Secretary, as of December 1, 1995, to round out to the next lower whole dollar any cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates. Prohibits any such rates from being increased during FY 1997 through 2002 by a percentage which is more than the percentage increase for benefits under title II (Old age, survivors and disability insurance) of the Social Security Act. (Sec. 11023) Revises the Government's liability standard for injuries or death resulting from Department treatment to allow compensation to be awarded for the additional disability in the same manner as if the disability or death were service-connected. Provides proximate cause requirements. (Sec. 11024) Extends through FY 1996 (currently, December 31, 1995) the authority of the Secretary to guarantee the real estate mortgage investment conduits used to market pools of veterans' loans. (Sec. 11025) Authorizes the Department to collect veterans' home loan guaranty debts in the same manner as all other debts arising under Department programs. Requires the Department to provide affected individuals with notice and an opportunity to seek a waiver, or challenge the validity, of such debt before collection. Subtitle C: Health Care Eligibility Reform - Revises provisions concerning a veteran's eligibility for hospital care and medical services to: (1) allow such care to be provided only to the extent that amounts for such care and services are provided in advance in appropriations Acts; (2) provide full eligibility for both hospital and outpatient care for service-disabled veterans, low-income veterans, former prisoners of war, and veterans of World War I; and (3) provide such eligibility for veterans who were exposed to a toxic substance, radiation, or environmental hazard during the performance of duty. (Sec. 11032) Extends through December 31, 1998, the authority to provide priority hospital care and medical services for certain Persian Gulf veterans. (Sec. 11033) Makes certain veterans eligible for prosthetic devices as long as they are receiving ongoing care through the Department. (Currently, hospitalization is required before such veterans are so eligible.) (Sec. 11034) Directs the Secretary, in managing the provision of hospital care and medical services, to establish and operate a system of annual patient enrollment, with specified patient priorities. Requires the system to be managed to assure the provision to enrollees of timely and quality care. Requires the Secretary to establish and manage Department health care programs in a manner which promotes cost-effective delivery of health care services in the most clinically appropriate setting. Requires the Department to maintain its capacity to provide for the specialized needs of certain disabled veterans, while not reducing its current capacity to provide services to other veterans. (Sec. 11035) Amends the Veterans Health Care Act of 1992 to repeal a provision which terminates the authority of the Secretary to enter into health care resource sharing agreements with the Department of Defense on October 1, 1996. Entitles the United States to recover from primary insurance providers the cost of care or services provided under such Act through a Department medical facility. (Sec. 11036) Repeals a statement of congressional purpose with respect to the Department's sharing of specialized medical facilities, equipment, and information. Expands such sharing to include all health care resources and to allow health care providers, plans, or insurers or other entities or individuals to participate in such sharing arrangements. Increases the authorized payment terms with respect to shared resources. (Currently, only reciprocal reimbursement is permitted.) Allows the Secretary to enter into such arrangements for the treatment of non-veterans only in limited circumstances. (Sec. 11037) Exempts from Department medical personnel limitations all positions held by persons involved in providing health-care resources under sharing agreements. Title XII: Committee on Ways and Means - Trade - Subtitle A: Technical Corrections and Miscellaneous Trade Provisions - Amends the Tariff Act of 1930 to require that interest on claims be accrued from the date of the claim for the reliquidation (refund) of excess duties paid on entries of North American Free Trade (NAFTA) products. (Sec. 12002) Amends Federal customs law to repeal the requirement that certain vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits. Requires the Secretary of the Treasury to enter into contracts with collection services to recoup expenses associated with recovering indebtedness owed to the Government under the customs laws. (Sec. 12003) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require certain customs fees charged against merchandise imported from a foreign trade zone to be applied only to the value of the privileged or nonprivileged part of such merchandise. Declares that the similar application of such customs fees to imported U.S. agricultural products processed and packed in a foreign trade zone shall be effective to entries made on or after certain dates. (Sec. 12005) Amends the Caribbean Basin Economic Recovery Act and the Andean Trade Preference Act to declare that duty reductions for certain leather-related products shall not apply to textile and apparel articles subject to textile agreements. (Sec. 12007) Amends the Tariff Act of 1930 to authorize the United States Customs Service to extend the time for filing a drawback (refund) claim for duties for up to 18 months (one year if a major disaster occurs) if certain conditions are met. (Sec. 12008) Directs the Customs Service to provide for the liquidation or reliquidation (refund) of certain entries made at New York, New York, in accordance with the results of an administrative review, during the period from May 1, 1984, through March 31, 1985, by the International Trade Administration of the Department of Commerce (case number A-580-008). (Sec. 12009) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through February 1, 1999, of the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1988 Goodwill Games. (Sec. 12012) Provides for the electronic transmission of data to the U.S. Customs Service with respect to the duty-free treatment of imported civil aircraft parts pursuant to the Agreement on Trade in Civil Aircraft. (Sec. 12013) Amends the Customs and Trade Act of 1990 to extend, through December 31, 1994, the temporary exemption from duty of the cost of certain foreign repairs made to U.S. vessels. (Sec. 12014) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise the prohibition against the charging of fees for certain customs services to include services provided in connection with the arrival of any passenger on board a commercial vessel traveling only between ports which are within the customs territory of the United States. Declares that such exemption shall not apply in the case of the arrival of any passenger on board a commercial vessel whose journey originates and terminates at the same place in the United States if there are no intervening stops. Requires that passengers on commercial vessels making a single voyage involving two or more U.S. ports be charged a fee only once. (Sec. 12016) Amends the Tariff Act of 1930 to provide that certain marking requirements with respect to imported articles and containers shall not apply to: (1) certain metal forgings and hand tools made from such forgings; (2) certain coffee and tea products; and (3) spice products. (Sec. 12017) Directs the Secretary of the Treasury to liquidate or reliquidate as duty-free a certain entry of warp knitting machines. Requires a refund of duties and interest paid with respect to such entry. (Sec. 12018) Amends the Trade Act of 1974 to require the United States Trade Representative to identify trade liberalization priorities annually from calendar years 1996 through 2000. Subtitle B: Generalized System of Preferences - GSP Renewal Act of 1995 - Amends the Trade Act of 1974 with respect to the Generalized System of Preferences (GSP). Authorizes the President to designate a country as a least-developed beneficiary developing country for extension of trade preferences under the GSP. (Sec. 12102) Makes Austria, Finland, and Sweden eligible for designation as a beneficiary developing country. Declares that, for purposes of designating a beneficiary developing country, a country may be found to not provide protection of intellectual property rights, notwithstanding the fact that it may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the Uruguay Round Agreements Act. Authorizes the President to withdraw or suspend duty-free treatment for the products of a country based on consideration of specified factors and comments received from the public. Requires the President to: (1) withdraw or suspend the designation of a country as a beneficiary developing country if it is determined that changed circumstances would bar its designation as a beneficiary developing country; and (2) terminate the designation of a country as a beneficiary developing country if he or she determines that such country has become a "high income" country. Requires the President to notify the Congress before designating or terminating a country as a beneficiary developing country. Revises requirements for the designation of articles as eligible for preferential treatment. Authorizes the President to designate additional articles as eligible articles for countries designated as least-developed beneficiary developing countries if, after receiving advice from the International Trade Commission, it is determined that such articles are not import-sensitive. Prohibits an article that has been denied designation as an eligible article from being reconsidered for such designation for a three year period. Prohibits, with respect to the President's withdrawing, suspending, or limiting the duty-free treatment of an eligible article, the establishment of a duty rate for such article other than the rate which would apply but for this Act. Requires the President to terminate the duty-free treatment for an article from a beneficiary developing country (except least-developed beneficiary developing countries) whenever it is determined that such country has exported, directly or indirectly, to the United States during any calendar year a quantity of an eligible article: (1) having an appraised value in excess of $75 million (increased by $5 million on January 1 each calendar year after 1995); or (2) equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during the calendar year. Authorizes waiver of such competitive need limitation in the national economic interest if any U.S. industry is unlikely to be adversely affected by it. Prohibits any action under this Act from affecting any tariff duty imposed by the Legislature of Puerto Rico under the Tariff Act of 1930 on coffee imported into Puerto Rico. Requires the President to report to the Congress on: (1) the operation of this Act; and (2) the status of internationally recognized worker rights within each beneficiary developing country. (Sec. 12103) Directs the Secretary of the Treasury to liquidate or reliquidate and refund any duties that were paid on any entry: (1) of any article to which duty-free treatment under the GSP of the Trade Act of 1974 would have applied if such entry had been made on July 31, 1995; and (2) that was made after July 31, 1995, and before enactment of this Act. Requires buffalo leather from Thailand that is entered into the United States under certain entry numbers to be liquidated or reliquidated as if entered on June 30, 1995. Subtitle C: Trade Adjustment Assistance - Amends the Trade Act of 1974 to revise worker training requirements with respect to the payment of trade adjustment assistance to adversely affected workers. Repeals limitations on additional payments of trade readjustment allowances to workers during training periods. (Sec. 12201) Repeals the authority for relocation allowances to adversely affected workers. Extends through FY 2000: (1) the trade adjustment assistance program; and (2) authorization of appropriations for such program. Title XIII: Committee on Ways and Means - Revenue Reconciliation - Revenue Reconciliation Act of 1995 - Subtitle A: Extension of Expiring Provisions, Etc. - Part I: Extensions Through December 31, 1997 - Amends the Internal Revenue Code to extend through December 31, 1997, the: (1) targeted jobs credit; (2) exclusion from gross income of an employee of employer provided educational assistance; (3) credit for increasing research activities; (4) special rule concerning charitable contributions of stock for which market quotations are readily available; and (5) credit for the clinical testing expenses of certain drugs for rare diseases or conditions. Makes additional revisions to provisions concerning the subjects of clauses one, two, and three. Part II: Permanent Extension of FUTA Exemption for Alien Agricultural Workers - Extends permanently the Federal Unemployment Tax Act exemption for alien agricultural workers. Part III: Commercial Aviation Fuel - Delays for two years, until September 30, 1997, the scheduled increase in the tax on fuel used in commercial aviation. Imposes a floor stocks tax, subject to stated exceptions, on such fuel held on October 1, 1997. Requires a study of the Federal excise tax burden on each of the various modes of transportation. Part IV: Extension of Airport and Airway Trust Fund Excise Taxes - Extends until September 30, 1996, the current Airport and Airway Trust Fund excise taxes. Subtitle B: Medical Savings Accounts - Permits a deduction for both itemizers and nonitemizers of up to the lesser of $2,500 (for an individual) or the deductible under a catastrophic health plan for amounts paid into a medical savings account. Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 - Part 1: Taxpayer Advocate - Establishes in the Internal Revenue Service the Office of the Taxpayer Advocate which shall assist taxpayers in resolving problems with the IRS. Part II: Modifications to Installment Agreement Provisions - Requires that a taxpayer be given 30 days notice and an explanation of the reasons for modifying or terminating an installment agreement. Directs the Secretary of the Treasury to establish procedures for the independent review, for taxpayers requesting such a review, of such terminations. Part III: Abatement of Interest and Penalties - Expands the authority of the IRS to abate assessments of interest to include delays caused by a managerial act or an unreasonable error. Grants the Tax Court jurisdiction to determine if the failure of the IRS to abate interest was an abuse of discretion. Part IV: Joint Returns - Directs the Secretary to conduct specified studies of joint return-related issues. Part V: Collection Activities - Permits the Secretary to withdraw a notice of a lien if: (1) the notice was premature; (2) the taxpayer agrees to pay in installments; (3) withdrawal will facilitate collection; or (4) the withdrawal would be in the best interests of the United States. Increases from $1,650 to $2,500 the amount of personal property that is exempt from levy. Increases from $500 to $100,000 the offers-in-compromise amount for which a written opinion is required from the Office of Chief Counsel. Part VI: Information Returns - Permits an individual who has had an information return which was fraudulently filed in his or her name by another to bring a civil action against such other person. Part VII: Awarding of Costs and Certain Fees - Places the burden of proof on the IRS to establish that it was substantially justified in charging a taxpayer with a deficiency. Raises the amount of attorney's fees recoverable per hour by the prevailing party. Part VIII: Modification to Recovery of Civil Damages for Unauthorized Collection Actions - Increases the limit from $100,000 to $1,000,000 on the recovery available for unauthorized IRS collection activities. Part IX: Modifications to Penalty for Failure to Collect and Pay Over Tax - Requires the IRS to issue a notice in writing, with respect to the failure to collect and pay an over tax, to a taxpayer at least 60 days in advance of any demand for a penalty. Requires the IRS, where there is more than one responsible party subject to such penalty, to disclose the name, to one responsible party, of any other responsible party. Exempts volunteer members of tax-exempt organizations from penalty for failure to collect and pay over tax. Part X: Modifications of Rules Relating to Summonses - Includes any enrolled agent as a third-party recordkeeper with respect to the special procedures for the issuance of summonses. Part XI: Relief from Retroactive Application of Treasury Department Regulations - Provides generally, with exceptions, that no temporary, proposed, or final regulation to the tax code shall apply before its publication in the Federal Register or the date on which any notice substantially describing the expected contents of any such regulation is issued to the public. Part XII: Miscellaneous Provisions - Requires a report on a pilot program for appeal of enforcement actions. Amends the Anti-Drug Abuse Act of 1998, as well as the Internal Revenue Code, to extend for five years the authority for certain undercover operations. Allows a credit of up to $6,000 for qualified expenses in connection with an audit under the Tax Compliance Measurement Program. Subtitle D: Additional Technical Corrections - Makes corrections to the following Acts: (1) the Technical and Miscellaneous Revenue Act of 1988; (2) the Tax Reform Act of 1986; (3) the Revenue reconciliation Act of 1990; (4) the Deficit reduction act of 1984. Sets forth rules concerning the treatment of certain veterans' reemployment rights for veterans who return to civilian service following military service. Subtitle E: Tax Information Sharing - Extends the authority to disclose certain return information to the Department of Veterans Affairs. Subtitle F: Revenue Increases - Part I: Provisions Relating to Businesses - Provides, with respect to a corporate shareholder's basis in stock reduced by the nontaxed portion of extraordinary dividends, that if the nontaxed portion of such dividend exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. Requires the organizer of a corporate tax shelter to register the shelter. Sets forth penalties for failure to file. Prohibits a deduction for interest paid on life insurance policies or annuities which cover a company officer or employee. Repeals the Puerto Rico and possessions tax credit for years beginning after December 31, 1995. Revises provisions concerning: (1) the income forecast method of determining depreciation deductions; and (2) transfers of excess pension assets to retiree health accounts. Part II: Legal Reforms - Specifies that the exclusion from income of damages for personal injuries or sickness does not include punitive damages. Part III: Treatment of Individuals Who Lose United States Citizenship - Revises provisions concerning expatriation to avoid taxes, including the following changes: (1) applies the provisions to certain long-term residents; (2) permits the Secretary to expand the ten year taxation period to fifteen years; (3) increases the categories of income treated as U.S. source income; (4) giving credit for foreign taxes imposed on U.S. source income; and (4) requiring the filing of certain information by expatriates. Revises the comparable estate and gift tax provisions. Part IV: Reforms Relating to Energy Provisions - Requires wind and closed-loop biomass energy facilities to be placed in service before September 14, 1995, in order to receive a tax credit. Denies a credit for alcohol used to produce ether. Limits the alcohol that is eligible for credit for alcohol used as fuel. Revises provisions concerning energy conservation subsidies provided by public utilities. Part V: Reforms Relating to Nonrecognition Provisions - Revises provisions concerning the involuntary conversion of property into either similar property or money. Prohibits the nonrecognition of gain on the sale of a principal residence: (1) which is attributable to depreciation adjustments; or (2) unless the replacement property is located in the U.S. Part VI: Reforms Relating to Gambling Activities - Subjects to the tax on unrelated business income of charitable organizations income earned by an Indian tribe as a result of any class II or III gaming activity. Requires withholding from winnings of $5,000 or more from bingo or keno. Part VII: Other Reforms - Terminates the low-income housing credit after December 31, 1997. Repeals the: (1) credit for contributions to a community development corporation; (2) credit for purchasers of diesel-powered automobiles and light trucks; and (3) the provision which provides for the exclusion from income of rent from the rental of a vacation home for less than 15 days. Permits any qualified student loan funding corporation to end its status as a qualified scholarship funding corporation. Permits the interest on such a corporation's bond to remain tax-exempt if specified conditions are met. Part VIII: Excise Tax on Amounts of Private Excess Benefits - Imposes a 25 percent tax (which shall be paid by the disqualified person) on any transaction from which an economic benefit is provided by a tax-exempt organization directly or indirectly to a disqualified person, if the value of the benefit provided exceeds the value of the consideration. Sets forth additional reporting requirements for 501(c)(3) organizations. Requires an exempt organization to make available a copy of its return. Requires any solicitation of an organization that refers to itself as nonprofit, when it is not exempt from tax, to contain an express statement that it is not exempt from tax. Imposes a penalty for failure to disclose. Subtitle G: Reform of the Earned Income Tax Credit - Repeals the earned income credit for individuals without children. Increases the phaseout rates. Includes in adjusted gross income the following nontaxable items, not previously included, for purposes of determining eligibility for the credit: (1) pension, annuity, and individual retirement plan income; and (2) social security benefits. Denies the credit to individuals not authorized to be in the U.S. Subtitle H: Increase in Public Debt Limit - Increases the statutory limit on the public debt. Subtitle I: Coal Industry Retiree Health Equity - Repeals the reachback provisions of the coal industry's health benefit system. Title XIV: Committee on Ways and Means - Tax Simplification - Tax Simplification Act of 1995 - Subtitle A: Provisions Relating to Individuals - Part I: Provisions Relating to Rollover of Gain on Sale of Principal Residence - Allows gain to be rolled over from one residence to another in the order the residences are purchased and used, regardless of reasons for the sale of the old residence. Sets forth a two-year residence rule for taxpayers who sell a residence pursuant to a divorce or marital separation for purposes of determining the rollover of gain on the sale of a principal residence. Part II: Other Provisions - Permits the payment of taxes by any commercially acceptable means deemed appropriate by the Secretary. Establishes a foreign tax credit limitation for individuals whose gross income is from sources outside the United States, consists entirely of qualified passive income, and the amount of creditable foreign taxes does not exceed $200. Excludes certain personal transactions from foreign currency rules. Provides that the amount allowed as a deduction to rural mail carriers for the business expense of a vehicle shall be equal to qualified reimbursements. Amends the Technical and Miscellaneous Revenue Act of 1988 to repeal the rule on the business use of automobiles by rural mail carriers. Limits the exclusion of combat pay from withholding to the amount excludable from gross income. Subtitle B: Pension Simplification - Part I: Simplified Distribution Rules - Repeals: (1) the $5,000 the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions. Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. Part II: Increased Access to Pension Plans - Modifies certain simplified employee pensions with respect to allowable participants and participation requirements. Allows local governments and tax-exempt organizations to maintain cash or deferred arrangements. Part III: Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner or who has compensation from the employer in excess of $80,000. Repeals the family aggregation rules. Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. Modifies the present nondiscrimination test applicable to simplified employee pension plans to provide that the average deferral percentage for nonhighly compensated employees for the preceding year is to be used. Part IV: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Establishes a contribution limit for owner-employees of retirement plans. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59.5. Modifies the treatment of governmental plans with respect to limits on contributions and benefits. Makes the social security retirement age the uniform retirement age for purposes of discrimination testing. Makes uniform the penalty provisions applicable to certain pension reporting requirements. Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. Amends the Uruguay Round Agreements Act to provide a transition rule for computing maximum benefits for qualified plans. Permits a participant and, if applicable, the participant's spouse to waive the minimum period for the joint and survivor annuity explanation before the annuity starting date. Repeals the combined limit for participants in both a defined contribution plan and a defined benefit plan maintained by the same employer. Subtitle C: Treatment of Large Partnerships - Part I: General Provisions - Establishes special rules for large partnerships (250 or more partners) with respect to: (1) determining the income tax of a partner; (2) computing the taxable income of a large partnership; and (3) treatment of contributed property. Provides that a large partnership does not include one where: (1) substantially all of the activities involve the performance of personal services by individuals owning interests in such partnerships; or (2) 25 percent or more of partnership assets consist of oil or gas properties. Establishes simplified audit procedures for large partnerships. Requires a partner's return to be consistent with the partnership return. Allows partnerships to take adjustments into account through an imputed underpayment procedure or a flow-through-to-partners procedure. Authorizes and directs the Secretary to make adjustments at the partnership level in any partnership item to the extent necessary to have such item treated in the manner required, after notifying the partnership of such adjustment through certified or registered mail. Specifies certain restrictions on such adjustments. Provides for judicial review of such adjustment with the Tax Court, the appropriate district court, or the Court of Federal Claims. Prohibits any adjustments from being made three years after the later of the date on which the return was filed, or the last day for filing such return, except in specified cases. Allows a partnership to file a request for an administrative adjustment of partnership items during such time periods and provides for judicial review where such request is not allowed in full. Requires large partnerships to furnish information returns to partners by the first March 15 following the close of the partnership's tax year. Authorizes the Secretary to require large partnerships, or any other partnership with 250 or more partners, to file their returns on magnetic media. Part II: Provisions Related to Certain Partnership Proceedings - Revises and sets forth new provisions relating to partnership proceedings. Provides for a declaratory judgment procedure in the Tax Court for treatment of non-partnership items with respect to an oversheltered return. Describes an oversheltered return as one which above no taxable income and a net loss from partnership items. Provides for the partnership return to be determinative of the audit procedure to be followed. Suspends the period of limitations for making assessments for a partner who is named in a bankruptcy petition. Provides a special rule for a tax matters partner in bankruptcy. Permits a small partnership to have a C corporation as a partner. Excludes a partial settlement agreement from the one-year limitation on assessment. Provides that if a TEFRA statute extension agreement is entered into, that agreement also extends the statute of limitations for filing refund claims until six months after the expiration of the limitations period for assessments. Provides a prepayment forum and a refund forum for raising the innocent spouse defense in TEFRA cases. Provides that partnership level proceedings include a determination of the applicability of penalties at the partnership level. Allows partners to raise any partner-level defenses in a refund forum. Specifies that an action to enjoin premature assessments of deficiencies attributable to partnership items may be brought in the Tax Court. Permits a party to appear before a court for the sole purpose of asserting that the period of limitations for assessing any tax attributable to partnership items has expired for that person. Provides for the treatment of premature petitions filed by notice partners or five-percent groups. Provides that the amount of the bond to stay assessment and collection should be based on the Tax Court's estimate of the aggregate liability of the parties to the action (and not all of the partners in the partners in the partnership). Suspends interest where there is a delay in computational adjustment resulting from TEFRA settlements. Grants a partner seven years (in lieu of three years) to request an administrative adjustment with respect to bad debts or worthless securities. Subtitle D: Foreign Provisions - Part I: Modifications to Treatment of Passive Foreign Corporations - Modifies passive foreign investment company provisions and allows a mark-to-market election by a shareholder of such company. Provides, in general, that a corporation shall not be treated with respect to a shareholder as a passive foreign investment company during the qualified portion of such shareholder's holding period with respect to stock in such corporation. Provides, in general, that in the case of marketable stock in a passive foreign investment company which is owned by a U.S. person such person may elect: (1) if the fair market value of such stock exceeds its adjusted basis, to include in gross income an amount equal to the amount of such excess; or (2) if the adjusted basis of such stock exceeds the fair market value of such stock, a deduction equal to the lesser of the amount of the excess or the unreserved inclusions with respect to such stock. Modifies the definition of passive income. Part II: Treatment of Controlled Foreign Corporations - Provides that if a controlled foreign corporation sells or exchanges stocks in other foreign corporations, then gain recognized on such sale or exchange shall be included in the gross income of such corporation as a dividend to the same extent that it would have been included if such corporation were a U.S. person. Revises provisions concerning: (1) determining pro rata share of gain from certain sales or exchanges of stock in certain foreign corporations; (2) basis adjustments in stock held by lower-tier foreign corporations; (3) determination of previously taxed income in redemptions through use of related corporations; and (4) treatment of branch profits tax exemptions or reductions. Extends the application of the indirect foreign tax credit to certain controlled corporations below the third tier. Repeals Code provisions concerning earnings invested in excess passive assets. Part III: Other Provisions - Establishes new rules for the translation of certain accrued foreign taxes. Modifies present rules for translating all other foreign taxes. Permits the use of the simplified limitation on the foreign tax credit in determining the alternative minimum tax foreign tax credit. Modifies the excise tax on outbound transfers to avoid income tax. Increases from five to ten percent the threshold for the information reporting by U.S. persons of their ownership of stock in a foreign corporation. Provides for the treatment of a prize or award received by a nonresident alien by reason of participating in an amateur sports competition in the U.S. Subtitle E: Other Income Tax Provisions - Part I: Provisions Relating to S Corporations - Increases from 35 to 75 the number of eligible S corporation shareholders. Permits an electing small business trust to be a shareholder of an S corporation. Defines electing small business trust. Expands from 60 days to two years the post-death holding period for testamentary trusts in an S corporation. Expands the definition of "post-termination transition period" to include the 120 day period beginning on the date of any determination pursuant to an audit which follows the termination of the corporation's election and which adjusts a subchapter S item of income, loss, or deduction arising during the S period. Permits an S corporation to be a member of an affiliated group, thus permitting it to own the stock of a C corporation. Provides that adjustments for distributions by an S corporation during a taxable year are taken into account before applying the loss limitation for a year. Provides that if: (1) a corporation was an electing small business corporation for any taxable year beginning before January 1, 1983; and (2) such corporation is an S corporation for its first taxable year beginning after December 31, 1995, the amount of such corporation's accumulated earnings and profits (as of the beginning of such first taxable year) shall be reduced by an amount equal to the portion (if any) of such accumulated earnings and profits which were accumulated in any taxable year beginning before January 1, 1983, for which such corporation was an electing small business corporation under subchapter S. Permits the carryover of disallowed losses and deductions under the at-risk rules. Part II: Provisions Relating to Regulated Investment Companies - Repeals the requirement that less than 30 percent of the gross income of a regulated investment company be derived from the sale or disposition of any of the following which were held for less than three months: (1) stocks or securities; or (2) options, futures, or forward contracts (other than those on foreign currencies). Part III: Provisions Relating to Real Estate Investment Trusts - Revises provisions concerning the requirements for, and the taxation of, a REIT (real estate investment trust) including: (1) rules relating to the determination of ownership (requires compliance with specified regulations and sets penalties for noncompliance); (2) compliance with closely held prohibition provisions (factors in knowledge of being closely held; (3) definition of rents from real property (excludes and defines impermissible tenant service income); (4) the taxation of capital gains (requires shareholders to include such long-term gains as the trust designates); (5) repealing the 30 percent gross income requirement concerning income derived from the sale of stock and other property; (6) lengthening the grace period with respect to foreclosed property; (7) treating income from all hedges that reduce the interest rate risks as qualifying income; (8) revising safe harbor provisions; and (9) permitting a 100 percent REIT-owned corporation to qualify as a subsidiary, regardless of whether it was always owned by the REIT. Part IV: Accounting Provisions - Revises the look-back method for long-term contracts and provides that for purposes of such method, only one rate of interest is to apply for each accrual period. Permits a securities trader to use the mark to market accounting method. Modifies special rules concerning: (1)nuclear decommissioning costs; and (2) crop insurance proceeds and disaster payments. Permits partnerships and S corporations to use a fiscal year on the condition that quarterly payments are made. Sets a quarterly underpayment penalty. Part V: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception if the spending requirements of that exception are otherwise satisfied. Repeals the debt service-based limitation on investment in certain nonpurpose investments. Repeals certain expired provisions. Part VI: Insurance Provisions - Provides for the treatment of life insurance variable contracts on retired lives and sets forth special rules for modified guaranteed contracts. Part VII: Other Provisions - Provides that the taxable year of a partnership closes with respect to a partner whose entire interest in the partnership terminates, whether by death, liquidation, or otherwise. Makes the employer FICA credit for employee tips available whether or not the employee reported such income. Revises provisions concerning: (1) the due date for first quarter estimated tax payments by foundations; and (2) the treatment of dues paid to agricultural or horticultural organizations. Subtitle F: Estates and Trusts - Part I: Income Tax Provisions - Provides an irrevocable election to treat certain revocable trusts as part of the estate. Makes the separate share rules available to estates. Limits the taxable year of an estate to a year ending on October 31, November 30, or December 31. Repeals certain throwback rules applicable to domestic trusts. Provides for the treatment of, as well as defines, a qualified funeral trust. Part II: Estate and Gift Tax Provisions - Allows the right of recovery with respect to qualified terminable interest property to be waived in a will only by specific reference. Provides that a transfer from a revocable trust within three years of death does not result in the inclusion of the transfer in the gross estate. Revises the qualified terminable interest rules with respect to a trust and the marital deduction. Provides that a trust created before the enactment of the Revenue Reconciliation Act of 1990 is treated as satisfying the withholding requirement if its trust instrument require that all trustees be U.S. citizens or domestic corporations. Directs the Secretary to prescribe procedures which provide that executors will have the opportunity to submit subsequent information on a recapture agreement in the filing of an estate tax return. Increases the unified credit of a decedent by the unified credit of a spouse used on a split gift included in the decedent's gross estate. Permits the marital deduction with respect to a defective power of appointment or qualified terminable interest property trust, if there is a qualified reformation of the rust to correct the defect. Prohibits the revaluation of a gift for which the statute of limitations period has passed for purposes of determining the estate tax bracket and the unified credit. Defines trust for the purposes of a qualified domestic trust to include, to the extent provided in regulations prescribed by the Secretary, other arrangements having substantially the same effect as a trust. Part III: Generation-Skipping Tax Provisions - Provides that if a trust holding property having an inclusion ratio of greater than zero is severed in a qualified severance, at the election of the trustee of such trust, the trusts resulting from such severance shall be treated as separate trusts for purposes of the tax on generation- skipping transfers. Excludes from the definition of taxable termination a direct skip. Sets forth a special rule for persons with a deceased parent for purposes of the generation-skipping transfer tax. Subtitle G: Excise Tax Simplification - Part I: Provisions Related to Distilled Spirits, Wines, and Beer - Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. Permits records of exportation to be maintained by the exporter for purposes of canceling or crediting bonds furnished when distilled spirits are removed from bonded premises. Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. Allows beer to be transferred without payment of tax from a brewery to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. Repeals the requirement that wine returned to bonded premises be unmerchantable in order for tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more. Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. Allows beer to be removed from a brewery without payment of tax for purposes of destruction. Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. Part II: Consolidation of Taxes on Aviation Gasoline - Provides for the imposition of entire the aviation gasoline excise tax upon removal from a terminal facility. Part III: Other Excise Tax Provisions - Authorizes the exemption from registration requirements of certain tax-free sales. Provides certain activities, including the removal of a fifth wheel, will not constitute manufacture with respect to the retail sales tax for a truck or tractor chassis. Repeals expired provisions concerning piggy-back trailers and deep seabed mining. Subtitle H: Administrative Provisions - Part I: General Provisions - Repeals the authority to disclosure whether a prospective juror has been audited. Provides an explanation of the statute of limitations with respects to the return of a taxpayer. Allows corporations to disregard any letter or notice of assessment or proposed assessment of tax if the deficiency or proposed deficiency is less than $100,000. Permits any Commonwealth to provide for income tax withholding for Federal employees. Part II: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. Provides that a taxpayer who seeks an award of administrative costs must apply for such costs with 90 days of the date on which the taxpayer was determined to be a prevailing party. Provides that a taxpayer who appeals a denial of administrative costs must petition the Tax Court within 90 days after the date that the IRS mails the denial notice. Provides that a taxpayer must file a motion (rather than a petition) to seek a redetermination of interest in the Tax Court. Provides that the net worth limitations applicable to individuals also apply to estates and trusts. Provides that individuals who file a joint tax return shall be treated as one individual for purposes of computing the net worth limitations. Part III: Authority for Certain Cooperative Agreements - Authorizes the Secretary to enter into cooperative agreements with State tax authorities for purposes of enhancing joint tax administration. Title XV - Medicare - (Bill text to be supplied.) Title XVI: Transformation of the Medicaid Program - Medicaid Transformation Act of 1995 - Amends the Social Security Act (SSA) to: (1) add a new title XXI (MediGrant Program for Low-Income Individuals and Families); and (2) terminate the current Medicaid program, which the new MediGrant program shall replace. Gives such new program the stated purpose of providing block grants to States to enable them to provide medical assistance to certain eligible low-income individuals and families in a more effective, efficient, and responsive manner. Prescribes general requirements for State Medigrant plans containing certain State-developed strategic objectives and performance goals. Prohibits coverage denials on the basis of a preexisting condition. (Sec. 1601) Outlines major program components, which include: (1) a separate fraud prevention program along with State Medigrant fraud control units; (2) a Medigrant Task Force and associated advisory group with specified duties; (3) funding set-asides for certain targeted population groups, including low-income families, low-income elderly and low-income-disabled, with specified uses for residual funds; (4) payment limitations and prohibitions with regard to abortions and euthanasia services, respectively; (5) State MediGrant fraud control units; (6) quality assurance standards for and certification of certain nursing facilities; and (7) a master manufacturer rebate program with regard to covered outpatient drugs (including extra rebates for single source drugs and innovator multiple source drugs). Places limitations on coverage of drugs by States participating in an agreement under such program. Declares that nothing in the new title XXI shall be construed as: (1) creating an entitlement under Federal law in any individual or category of individuals for medical assistance under a MediGrant plan; or (2) making requirements for a State with respect to benefits, provider payments, geographical coverage area, or selection of providers. Declares that no person shall have a cause of action under Federal law against a State in relation to a State's compliance (or failure to comply) with the provisions of this title or of a MediGrant plan. Sets forth various miscellaneous provisions, including those regarding plan administration with advisory committee assistance with regard to plan development, revision, and evaluation and for the submittal and approval of plan amendments. Details premium and cost- sharing under the new program. Provides additional payment exclusions for nonemergency medical services for unlawful aliens. Requires annual plan audits under the program. Mandates State enactment of certain described laws with regard to medical child support for States with an approved MediGrant plan. Details the process for States to withdraw from the new MediGrant program. Provides sanctions for substantial noncompliance by a plan with the requirements of this title. Terminates the current Medicare program for the distribution of pediatric vaccines. Title XVII: Department of Commerce Abolition - Department of Commerce Dismantling Act - Subtitle A: Abolishment of Department of Commerce - Replaces the Department of Commerce (DOC) with the Commerce Programs Resolution Agency (CPRA), which is limited to three years to wind up and terminate the functions and obligations of the DOC before the CPRA itself is abolished. Directs the Comptroller General to report on the most efficient means of abolishing the DOC, and transferring or terminating its functions. Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations, liabilities, and related rights owned by DOC under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all DOC grants made under such Act in FY 1995. (Sec. 17202) Terminates the Technology Administration and the Office of Technology Policy. Transfers the National Institute of Standards and Technology (NIST) to the United States Trade Administration (USTA), as well as NIST laboratories, which shall them to a private sector entity. Eliminates funding for, and requires the sale to a private sector entity of the assets of, the National Technical Information Service (NTIS). (Sec. 17203) Terminates specified functions of the National Telecommunications and Information Administration (NTIA) and transfers its laboratories to CPRA to be sold to a private sector entity. (Sec. 17205) Transfers the National Oceanic and Atmospheric Administration (NOAA) to the Department of Agriculture. Terminates: (1) the National Ocean Service and the Office of Oceanic and Atmospheric Research; (2) the NOAA Corps of commissioned officers; (3) the Office of the NOAA Corps of Operations and the Commissioned Personnel Center; and (4) specified NOAA programs. Repeals specified Federal laws. Transfers certain NOAA: (1) fisheries programs to the Secretary of Transportation; and (2) mapping, charting, geodesy, observation, and prediction of tides and sea level functions to the Director of the U.S. Geological Survey. Requires the Secretary of Transportation to certify to specified congressional committees that the NOAA programs will be terminated no later than September 30, 1995. Prohibits the National Weather Service (NWS) from competing, or assisting other entities to compete, with the private sector when a service is currently provided or can be provided by commercial enterprise, unless specified conditions exist. Requires the NWS to report to specified congressional committees on all of its activities which do not conform to the requirements of this Act, outlining a timetable for their termination. Prohibits the use of funds authorized under this Act for any lobbying activities. Limits the amount of funds to be expended on NOAA. (Sec. 17206) Abolishes the Economic Development Administration, the Minority Business Development Administration, the National Telecommunications and Information Administration, the Advanced Technology Program, and the Manufacturing Extension Programs. Expresses the sense of the Congress that Congress should continue to explore the prospects of the private sector to assume the functions and responsibilities of the Minority Business Development Administration. (Sec. 17207) Directs the abolishment of the U.S. Travel and Tourism Administration. Directs its Administrator to submit to the Congress a recommendation for the privatization of its functions. (Sec. 17209) Expresses the sense of the Congress that the head of each agency performing a function vested in it by this Act should, wherever feasible, explore and implement user fees for services provided in the performance of such function, to offset operating costs. Subtitle C: Consolidation of Statistical Functions - Federal Statistics Agency Establishment Act - Establishes the Federal Statistics Agency as an independent executive branch agency. (Sec. 17313) Transfers to the Agency the functions of: (1) the Bureau of the Census of the DOC; (2) the Bureau of Economic Analysis of DOC; and (3) the Director of the Office of Management and Budget relating to statistical policy and coordination. (Sec. 17331) Sets forth transition administrative provisions regarding: (1) the transfer and allocation of appropriations and personnel; (2) specified incidental transfers of personnel, liabilities, records, and funds; and (3) interim appointments. Subtitle D: United States Trade Administration - Sets forth congressional findings with respect to the expansion of U.S. trade. (Sec. 17411) Establishes the United States Trade Administration (USTA) to be administered by the United States Trade Representative (USTR). Deems the USTA to be the successor to the Department of Commerce for purposes of protocol in any trade-related matter. (Sec. 17412) Directs the USTR, among other things, to: (1) exercise primary responsibility for developing international trade policy, including the initiation of international trade negotiations; (2) establish a national export strategy; and (3) promote new opportunities for U.S. products and services to compete in the world marketplace. Makes the USTR a member of the National Economic Council, as well as chairperson of the Trade Promotion Coordinating Committee and Deputy Chairman of the National Advisory Council on International Monetary and Financial Policies. (Sec. 17413) Establishes USTA officers, including a Deputy Administrator, two Deputy USTR's, and a General Counsel. (Sec. 17431) Transfers to the USTR of the USTA all functions of: (1) the USTR and the Office of the USTR in the Executive Office of the President; (2) specified officers and employees of the Department of Commerce; and (3) the Secretary of Commerce under specified trade Acts. Renames the United States and Foreign Commercial Service the United States Trade Service (USTS). Abolishes all functions of the USTS, except its foreign operations. Transfers all functions of USTS to the USTR. Establishes a Director General of Trade who shall head the USTS. (Sec. 17433) Abolishes the Trade and Development Agency. (Sec. 17434) Transfers the functions of the Committee for the Implementation of Textile Agreements (CITA) to the USTR, except for functions related to the determination of the existence of serious damage or actual threat thereof to the domestic U.S. textile industry, which are transferred to the International Trade Commission (ITC). Abolishes the CITA. (Sec. 17435) Directs the USTR to transmit to the Congress a comprehensive plan to consolidate Federal trade programs and activities. (Sec. 17441) Sets forth administrative provisions, including establishment of a working capital fund. (Sec. 17461) Amends the Trade Expansion Act of 1962 to revise the composition of the Interagency Trade Organization to replace the Secretary of Commerce with representatives of such other Federal agencies as the USTR shall designate. (Sec. 17462) Amends the National Security Act of 1947 to include the USTR in the National Security Council. (Sec. 17463) Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the USTR with respect to trade matters under consideration by the Fund. (Sec. 17471) Makes conforming amendments to the Trade Act of 1974. Amends the Foreign Service Act of 1980 to authorize the USTR (currently, the Secretary of Commerce) to utilize the Foreign Service personnel system with respect to certain personnel. (Sec. 17492) Provides for interim appointments and personnel and funding reductions. (Sec. 17494) Authorizes appropriations. Subtitle E: Patent and Trademark Office Corporation - Patent and Trademark Office Corporation Act of 1995 - Chapter 1: Patent and Trademark Office - Establishes the Patent and Trademark Office as a wholly owned Government corporation. Requires the Office to maintain an office in the district in which its principal office is located. Authorizes the Office to retain and use all of its revenues and receipts in carrying out its functions. (Sec. 17513) Vests management of the Office in the Commissioner of Patents and Trademarks, who shall be appointed by the President for a six-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall not be subject to provisions governing Federal employees, with specified exceptions. Sets forth provisions regarding carryover of personnel, employee protection, labor agreements, termination rights, retirement, competitive status, and savings provisions. (Sec. 17514) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner. (Sec. 17515) Repeals provisions subjecting the Commissioner's performance to the direction or approval of the Secretary of Commerce. (Sec. 17516) Amends the Trademark Act of 1946 to revise the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members. (Sec. 17517) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions which are vested in the Office by this subtitle, including the transfer of residual and unappropriated balances within the Patent and Trademark Office Surcharge Fund. Chapter 2: Effective Date; Technical Amendments - Makes this subtitle effective six months after its enactment. (Sec. 17532) Makes technical and conforming amendments. Subtitle F: Miscellaneous Provisions - Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1994 expenditures for the performance of such function. (Sec. 17613) Requires the Comptroller General to report annually to the Congress on the costs, if any, during the preceding year that were incurred by U.S. exporters as a result of the transfer of functions of the Bureau of Export Administration of the DOC, or as a result of the limitation on expenditures on the DOC. Title XVIII: Welfare Reform - (Bill text to be supplied.) Title XIX: Contract Tax Provisions - (Bill text to be supplied.) Title XX: Budget Process - (Bill text to be supplied.)
Bill· HRH.R. 2489 (104th)referred
United States · United States Congress · 17 October 1995
Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of certain additional oral anticancer drugs prescribed for use in an anticancer nonsteroidal antiestrogen and aromastase inhibitor regimen.
Bill· HRH.R. 2480 (104th)open
United States · United States Congress · 13 October 1995
Inspector General for Medicare and Medicaid Act of 1995 - Establishes an independent executive branch Office of the Inspector General for the Medicare and Medicaid Programs to supervise, oversee, and audit the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act. Amends the Inspector General Act of 1978 with regard to such office, among other things extending its duties to the prevention and detection of waste, fraud, and abuse under such programs. Authorizes appropriations.
Bill· HRH.R. 2482 (104th)referred
United States · United States Congress · 13 October 1995
Comprehensive One-Call Notification Act of 1995 - Directs the Secretary of Commerce to provide for the establishment of a nationwide toll-free telephone number to be used by State one-call notification systems to protect underground facilities from excavation damage. Requires each State to consider whether to adopt a comprehensive statewide one-call notification program containing all elements required under this Act. Outlines required elements of the program, including prior notification of any intended excavations and its application to all excavators and underground facility operators. Permits a State to elect not to require a person to contact the one-call notification system if the person owns or leases the property and operates all underground facilities at the excavation site. Provides penalties for violations of the requirements of a program, as well as enforcement procedures. Directs the Secretary to make grants to States (or to operators of State notification systems) which have elected to adopt or establish and maintain a notification system with all required elements. Allows grants for alternative programs if they are at least as protective of the public health and safety and environment as a State program under this Act. Directs the Secretary to: (1) coordinate the implementation of this Act with appropriate Federal agencies; (2) review and report to the Congress on the extent to which Department of Commerce programs and procedures could be used to achieve the purposes of this Act; (3) develop and make available to States a model State one-call notification program, with suggested elements; and (4) develop public service announcements and other materials to educate the public about one-call notification systems and the national phone number. Requires each State to provide an initial and annual status reports on progress made in implementing a State program. Allows States to implement more protective notification systems than that required under this Act. Expresses the sense of the Congress that equipment and products purchased with funds made available under this Act should be American-made. Requires notification of such preference to the recipients of assistance under this Act.
Law· SS. 1316 (104th)enacted
United States · United States Congress · 12 October 1995
Safe Drinking Water Act Amendments of 1995 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to make capitalization grants to States to establish State drinking water treatment revolving loan funds. Authorizes State Governors to transfer amounts between such funds and water pollution control revolving funds established under the Clean Water Act. Requires the Administrator to reserve one and one-half percent of drinking water funds for capitalization grants to Indian tribes for the improvement of public water systems. Authorizes the Administrator to make such grants to the District of Columbia and specified U.S. territories. Authorizes: (1) States to reserve a certain amount of such grants for technical assistance for small public water systems; and (2) the Administrator to make grants to Alaska for the benefit of Alaska Native villages. Requires the Administrator, beginning in FY 1999, to withhold a specified percentage (five percent for FY 1999, ten percent for FY 2000, and 15 percent for each subsequent fiscal year) of each capitalization grant made to a State unless the State has met specified requirements under this Act regarding new system capacity. Sets forth provisions regarding: (1) projects eligible for assistance, including assistance for disadvantaged communities, and source water quality protection and capacity development; and (2) State loan fund administration, technical assistance, and management. Requires: (1) States to prepare annual intended use plans for funds; (2) priority for the use of funds to be given to projects that address the most serious risk to human health, that are necessary to ensure compliance with specified requirements (including filtration requirements), and that assist most in need on a per household basis according to State affordability criteria; and (3) each State, after notice and opportunity for public comment, to publish and periodically update a list of projects in the State that are eligible for assistance, including the priority assigned to each project and the expected funding schedule for each project. Directs the Administrator to: (1) conduct annual reviews and audits as the Administrator considers appropriate, or require each State to have the reviews and audits independently conducted, in accordance with specified single audit requirements; (2) submit to the Congress a periodic survey and assessment of the needs for facilities in each State eligible for assistance; (3) conduct an evaluation of the effectiveness of the State loan funds through FY 1999; and (4) publish such regulations and guidance as necessary. Specifies that the failure or inability of any public water system to receive funds, or a delay in obtaining the funds, shall not alter the obligation of the system to comply in a timely manner with all applicable drinking water standards and requirements under the Act. Authorizes appropriations. Directs the Administrator to reserve: (1) $10 million for health effects research on specified drinking water contaminants, giving priority to research concerning the health effects of cryptosporidium, disinfection byproducts, and arsenic and for the implementation of a research plan for subpopulations at greater risk of adverse effects; (2) $2 million to pay the costs of monitoring for unregulated contaminants; and (3) specified sums for small system technical assistance. (Sec. 4) Requires the Administrator to publish a maximum contaminant level goal (MCLG) and promulgate a national primary drinking water (NPDW) regulation for each contaminant (with exceptions) for which a NPDW regulation has been promulgated as of the date of this Act's enactment if the Administrator determines, based on adequate data and appropriate peer-reviewed scientific information and an assessment of health risks, that the contaminant may have an adverse effect on the health of persons and the contaminant is known to occur, or there is a substantial likelihood that it will occur, in public water systems with a frequency and at levels of public health concern. Directs the Administrator: (1) not later than July 1, 1996, to publish and periodically update a list of contaminants that are known or anticipated to occur in drinking water provided by public water systems that may warrant regulation; and (2) at such time as such list is published, to describe available and needed information and research regarding the health effects of the contaminants, their occurrence in drinking water, and treatment techniques and other feasible means to control the contaminants. Requires (with exceptions) the Administrator, by July 1, 2001, and every five years thereafter, to take one of the following actions for not fewer than five contaminants: (1) publish a determination that information available to the Administrator does not warrant the issuance of an NPDW regulation; (2) publish a determination that an NPDW regulation is warranted and proceed to propose an MCLG and NPDW regulation not later than two years after the date of publication of the determination; and (3) propose an MCLG and NPDW regulation. Sets forth provisions regarding insufficient information to make, and the basis for, such determinations. Requires the Administrator to give priority to those contaminants not currently regulated that are associated with the most serious adverse health effects and that present the greatest potential risk to human health due to their presence in drinking water provided by public water systems. Sets forth provisions regarding public comment and judicial review. Authorizes the Administrator to promulgate an interim NPDW regulation for a contaminant to address an urgent threat to public health. Sets forth provisions regarding: (1) schedules for publication of MCLGs and NPDW regulations; (2) substitution of contaminants; and (3) promulgation, by December 31, 1995, of an information collection rule to facilitate further revisions to the NPDW regulation for disinfectants and disinfectant byproducts, including information on microbial contaminants such as cryptosporidium. (Sec. 5) Requires the Administrator, in carrying out the Act, to: (1) use the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices, and data collected by accepted or best available methods; and (2) ensure that the presentation of information on public health effects is comprehensive, informative, and understandable. Directs the Administrator to conduct a cost-benefit analysis for each NPDW regulation containing a maximum contaminant level (MCL) or treatment technique before it is proposed, including consideration of alternative MCLs or treatment requirements. Authorizes appropriations. (Sec. 6) Permits the MCLG for contaminants that are known or likely to cause cancer in humans to be set at a level other than zero if the Administrator determines, based on the best available, peer- reviewed science, that there is a threshold level below which there is unlikely to be any increase in cancer risk and the Administrator sets the MCLG at that level with an adequate margin of safety. Requires the Administrator, at the time he or she proposes an NPDW regulation, to publish a determination as to whether the benefits of the MCL justify, or do not justify, the costs. Authorizes the Administrator to establish an MCL for a contaminant at a level other than the feasible level if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by: (1) increasing the concentration of other contaminants in drinking water; or (2) interfering with the efficacy of drinking water treatment techniques or processes that are used to comply with other NPDW regulations. Authorizes the Administrator, if he or she determines that the benefits of an MCL would not justify the cost of complying with the level, to promulgate an MCL for the contaminant that maximizes health risk reduction benefits at a cost that is justified by the benefits, with an exception. Prohibits the Administrator from establishing an MCL in a Stage I or Stage II NPDW regulation for contaminants that are disinfectants or disinfection byproducts, or to establish an MCL or treatment technique requirement for the control of cryptosporidium. Sets forth provisions regarding: (1) judicial review; (2) disinfectants and disinfectant byproducts; and (3) review of standards. (Sec. 7) Requires the Administrator to promulgate NPDW regulations for: (1) arsenic according to a specified schedule and develop and carry out a comprehensive plan for research in support of drinking water rulemaking and take other specified steps regarding assessment, proposed regulation, and final regulation for arsenic; (2) radon, providing for an MCL of 3,000 picocuries per liter; and (3) sulfates. (Sec. 10) Directs the Administrator to propose a regulation that describes treatment techniques that meet the requirements for filtration that are feasible for community water systems serving a population of 3,300 or fewer and noncommunity water systems. (Sec. 12) Directs the Administrator to issue guidance or regulations regarding system treatment technologies. Authorizes the Administrator to make grants to institutions of higher learning to establish and operate not fewer than five small public water system technology assistance centers in the United States. (Sec. 13) Revises the variance provisions of the Act to: (1) allow public water systems to receive a variance on the condition that they install and operate best available treatment technology; and (2) authorize the Administrator (or a State with primary enforcement responsibility for public water systems) to grant to public water systems serving a population of 10,000 or fewer a variance for compliance with a requirement specifying an MCL or treatment technique contained in an NPDW regulation if a system cannot afford to comply with the regulation and adequate protection of public health is ensured. (Sec. 15) Requires each State to: (1) obtain the legal authority or other means to ensure that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1996, demonstrate technical, managerial, and financial capacity with respect to each NPDW regulation in effect, or likely to be in effect, on the date of commencement of operations; (2) prepare, periodically update, and submit to the Administrator a list of community water systems and nontransient, noncommunity water systems that have a history of significant noncompliance and report to the Administrator; and (3) develop and implement a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity. Directs the Administrator to support: (1) the States in developing capacity development strategies; and (2) the network of university-based Environmental Finance Centers in providing training and technical assistance to State and local officials in developing the capacity of public water systems, including the establishment of a national public water systems capacity development clearinghouse. Authorizes appropriations. (Sec. 16) Requires public water systems receiving assistance from a State Revolving Loan Fund to be operated by a trained and certified operator. Authorizes the Administrator to withhold funds that would otherwise be allocated to the State, or require the repayment of an amount equal to the amount of any such assistance, for noncompliance. (Sec. 17) Directs each State to: (1) delineate the source water protection areas for community water systems in the State using hydrogeologic information considered to be reasonably available and appropriate by the State; and (2) conduct vulnerability assessments in source water areas determined to be a priority by the State. Authorizes States to establish source water quality partnership petition programs to assist in the local development of a voluntary, incentive-based partnership to reduce the presence in drinking water of contaminants and to obtain Federal and State financial or technical assistance. (Sec. 18) Extends the date for submitting State regulations to retain primacy for new or revised drinking water standards. Grants States interim primary enforcement authority. Authorizes appropriations. (Sec. 19) Requires the Administrator to review existing monitoring requirements for not fewer than 12 contaminants within two years. Authorizes: (1) States to establish alternative monitoring programs, except for regulations applicable to a microbial contaminant or an indicator of such a contaminant, subject to specified requirements; and (2) the Administrator or a State to suspend quarterly monitoring requirements applicable to small systems for any contaminant (other than a microbial contaminant or such an indicator that causes an acute effect or a contaminant formed in the treatment process or distribution system) that is not detected during the first quarterly sample in a monitoring cycle. Directs the Administrator to promulgate regulations establishing the criteria for a monitoring program for unregulated contaminants and to list up to 20 contaminants. Requires all systems serving more than 10,000 people to monitor for such contaminants. Authorizes appropriations. Requires the Administrator to establish a national database containing information on the occurrence of regulated and unregulated contaminants. (Sec. 20) Requires each owner or operator of a public water system to give notice to those served by the system: (1) of any failure of the system to comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, an NPDW regulation or to perform required monitoring; (2) if the system is subject to a variance granted for an inability to meet a maximum contaminant level requirement or is subject to a granted exemption, of the existence of the variance or exemption and of any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption; and (3) of the concentration level of any unregulated contaminant for which the Administrator has required public notice. Directs the Administrator to prescribe the manner, frequency, form, and content for giving notice. Specifies that such regulations shall provide for different frequencies of notice based on the differences between violations that are intermittent or infrequent and violations that are continuous or frequent and shall take into account the seriousness of any potential adverse health effects that may be involved. Permits a State to establish alternative notification requirements. Sets forth reporting requirements. (Sec. 21) Revises enforcement provisions of the Act to permit enforcement actions to be taken by both EPA and a State with primary enforcement responsibility. Directs the Administrator to notify local elected officials before taking enforcement actions against public water systems in nonprimacy States. Authorizes the Administrator or a State to suspend enforcement action with respect to a violation for a two-year period if the violation is to be corrected through a consolidation or restructuring during that period. Requires States to adopt administrative penalties of at least $1,000 per violation for large systems. Increases the maximum amount for an administrative penalty imposed by EPA from $5,000 to $25,000 per violation, but only after a hearing on the record. (Sec. 22) Waives the sovereign immunity of Federal agencies, subject to specified limitations. Allows citizens and States to seek penalties for all violations of the Act at Federal facilities. (Sec. 23) Authorizes appropriations for research with respect to the safe supply of drinking water. Directs the Administrator to: (1) develop and periodically update an integrated risk characterization strategy for drinking water quality; and (2) develop and carry out a research plan to support the development and implementation of rules regarding enhanced surface water treatment, disinfectant and disinfection byproducts, and ground water disinfection. Sets forth reporting requirements. (Sec. 24) Revises the definition of "public water system" to include water for human consumption through pipes or other constructed conveyances. Excludes from regulation connections to non-piped systems where alternative water supplies or treatment to levels that are equivalent to NPDW regulations is provided before the water is used for drinking or cooking. (Sec. 25) Authorizes the Administrator to makes grants to States for the development and implementation of State programs for the protection of groundwater resources. Prohibits any such grant from being used for more than half of the cost of the program. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the extent and seriousness of contamination of private sources of drinking water that are not regulated under this Act. Authorizes the Administrator to reestablish a partnership between the Robert S. Kerr Environmental Research Laboratory and the National Center for Ground Water Research, a university consortium, to conduct research, training, and technology transfer for groundwater quality protection and restoration. (Sec. 26) Prohibits the use (after June 19, 1986, in the installation or repair of any public water system or in any plumbing in a facility providing water for human consumption) or sale (effective two years after this Act's enactment) of any pipe, or plumbing fitting or fixture, that is not lead free, with exceptions. Directs the Administrator to: (1) provide accurate and timely technical information and assistance to qualified third-party certifiers in the development of voluntary standards and testing protocols for the leaching of lead from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion; and (2) promulgate regulations setting a health effects-based performance standard establishing maximum leaching levels from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion if a voluntary standard is not established within a year. Repeals Federal law encouraging the use of geothermal heat pumps that return water to the distribution lines of public water systems. (Sec. 27) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to issue a regulation establishing a quality level for each contaminant in bottled water or make a finding that a regulation is unnecessary to protect the public health because the contaminant is contained in water in the public water systems and not in water used for bottled drinking water. (Sec. 28) Directs the Administrator to: (1) identify and rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) estimate the private and public costs associated with each source of pollution and the costs and benefits of complying with regulations designed to protect against risks associated with such sources and those associated with major Federal actions selected by the Administrator that have the most significant impact on human health or the environment; (3) identify reasonable opportunities to achieve significant risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on human health, the environment, or public welfare; (4) identify, explain, and determine research that would reduce uncertainties associated with the risks; and (5) consider and estimate the monetary and other values of the benefits associated with reducing risk to human health and the environment. Sets forth reporting requirements. Directs the Science Advisory Board to conduct a technical review of Administrator's report in public session before submission to the Congress. (Sec. 29) Authorizes the Chief of the Army Corps of Engineers to modernize the Washington Aqueduct. Authorizes appropriations. Modifies the membership of the National Drinking Water Advisory Council to include two members representing small, rural water systems.
Bill· HRH.R. 2476 (104th)referred
United States · United States Congress · 12 October 1995
TABLE OF CONTENTS: Title I: Fraud and Abuse Subtitle A: Provisions Relating to Durable Medical Equipment Subtitle B: Anti-Fraud Provisions Subtitle C: Health Care Fraud Abuse Account Title II: Medicare Plus Pilot Program Title III: Commission on the Effect of the Baby Boom Generation on the Medicare Program Title IV: Development of Single Medicare Administrative System Title V: Lock-Box Provision Common Sense Medicare Reform Act of 1995 - Title I: Fraud and Abuse - Subtitle A: Provisions Relating to Durable Medical Equipment - Revises the payment methodology under title XVIII (Medicare) of the Social Security Act (SSA) for durable medical equipment to provide for: (1) the use of competitive pricing to determine payment amounts; and (2) a permanent freeze in updates for covered items (starting in 1996) and orthotics and prosthetics (starting in 1995). Subtitle B: Anti-Fraud Provisions - Amends the Federal criminal code to provide for: (1) various specified sanctions for certain health care-related violations involving illegal remuneration in the form of kickbacks and other arrangements in connection with specified health care benefit programs; and (2) other specified changes relating to health care fraud and abuse and such matters as disclosure of grand jury information and investigations of acts or activities constituting or involving health care fraud. Subtitle C: Health Care Fraud Abuse Account - Establishes in the Treasury the HHS Fraud and Abuse Control Fund, consisting of deposits of penalties and other specified payments made pursuant to a court or administrative order or voluntary settlement agreement, in order to support various specified anti-fraud and abuse activities under the Medicare and Medicaid programs. Authorizes appropriations. Title II: Medicare Plus Pilot Program - Directs the Secretary of Health and Human Services to establish a pilot program under which provider-sponsored networks, Taft-Hartley plans, association plans, and high-deductible health plans (with contributions to medical savings accounts) may qualify for payments to health maintenance organizations and competitive medical plans. Requires certain studies in conjunction with such program for a report to the Congress. Title III: Commission on the Effect of the Baby Boom Generation on the Medicare Program - Establishes the Commission on the Effect of the Baby Boom Generation on the Medicare Program to examine the financial impact on Medicare of the increase in Medicare-eligible individuals from approximately 2010 to 2035 for a report to the Congress, including specific recommendations for preserving Medicare. Authorizes appropriations. Title IV: Development of Single Medicare Administrative System - Directs the Secretary to take necessary steps to provide for improved Medicare efficiency through a common payment form for all Medicare payments and consolidated administration of Medicare parts A and B. Title V: Lock-Box Provision - Provides that all savings resulting from the enactment of this Act shall be transferred to the credit of the Federal Hospital Insurance Trust Fund under Medicare part A and may not be used to offset revenue losses from a tax cut.
Bill· SS. 1297 (104th)referred
United States · United States Congress · 29 September 1995
TABLE OF CONTENTS: Title I: Removal of Tax Traps for the Unwary Title II: Conformity with Regulated Investment Company Rules Title III: Other Simplification Title IV: Effective Date Real Estate Investment Trust Tax Simplification Act of 1995 - Title I: Removal of Tax Traps for the Unwary - Amends the Internal Revenue Code (IRC) to impose monetary penalties for the failure of a real estate investment trust (REIT) to comply with regulations regarding ascertaining the actual ownership of the outstanding shares, or certificates of beneficial interest, of the REIT. Requires treating a complying REIT as if it had met a requirement to not be closely held if it does not know, or exercising reasonable diligence would not have known, whether it was closely held. (Sec. 102) Revises the definition of "rents from real property" with regard to impermissible tenant service income and constructive ownership of stock. Title II: Conformity with Regulated Investment Company Rules - Provides for the treatment by shareholders of undistributed capital gains. Title III: Other Simplification - Revises requirements concerning the treatment of earnings and profits with regard to certain distributions. (Sec. 302) Modifies the grace period regarding foreclosure property. Allows one extension (currently, one or more extensions). Allows a REIT to revoke an election to treat property as foreclosure property. Changes requirements concerning termination of the grace period. (Sec. 303) Sets forth special foreclosure rules for health care properties. (Sec. 304) Revises: (1) the treatment of certain interest rate agreements; (2) the formula for determining the amount of excess noncash income; and (3) the circumstances in which a sale of property that is a real estate asset is not a prohibited transaction. (Sec. 307) Provides for the circumstances in which sale of secured property by a REIT will be treated as if the REIT had held the property for at least four years. (Sec. 308) Removes a requirement that, in order to be a qualified REIT subsidiary, the stock of a corporation must have been held by the REIT at all times the corporation was in existence. Title IV: Effective Date - Sets forth the effective date for this Act.
Bill· SS. 1289 (104th)referred
United States · United States Congress · 29 September 1995
Senior Citizens Health Care Freedom to Contract Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to declare that nothing in such title shall prohibit a physician or other provider from entering into a private health services contract with a Medicare beneficiary for which no claim for payment is to be submitted under the program.
Resolution· SRESS.Res. 177 (104th)passed
United States · United States Congress · 29 September 1995
Designates October 19, 1995, as National Mammography Day.
Bill· HRH.R. 2425 (104th)open
United States · United States Congress · 29 September 1995
TABLE OF CONTENTS: Title XV (sic): Medicare Subtitle A: MedicarePlus Program Subtitle B: Preventing Fraud and Abuse Subtitle C: Regulatory Relief Subtitle D: Medical Liability Reform Subtitle E: Teaching Hospitals and Graduate Medical Education Subtitle F: Provisions Relating to Medicare Part A Subtitle G: Provisions Relating to Medicare Part B Subtitle H: Provisions Relating to Medicare Parts A and B Subtitle I: Clinical Laboratories Title XV (sic): Medicare - Medicare Preservation Act of 1995 - Subtitle A: MedicarePlus Program - Amends titles XI and XVIII (Medicare) of the Social Security Act (SSA) and the Internal Revenue Code, restructuring the current Medicare program, creating a new MedicarePlus program within it, with certain organizational changes involving the Health Care Financing Administration (HCFA) as well, while also providing for corresponding tax treatments involving MedicarePlus medical savings accounts (MSAs) and other MedicarePlus- related matters. (Sec. 15001) Gives individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance) the opportunity to elect Medicare coverage during annual, coordinated election periods under either the new MedicarePlus benefit package or through the existing fee-for- service system under such parts. Includes in the MedicarePlus benefit package a high ($10,000) deductible-medisave product plus contributions to MedicarePlus MSAs, as well as separate fee-for- service products and products offered under certain provider- and union-sponsored plans by qualified MedicarePlus organizations. Directs the Secretary to provide for a nationally coordinated educational and publicity campaign to inform individuals who are eligible to elect MedicarePlus products about them and the election processes provided under this subtitle. (Sec. 15002) Requires qualified MedicarePlus organizations (except those with union sponsors, Taft-Hartley sponsors, or provider sponsors) to be licensed under State law in each State in which they offer a MedicarePlus product. Requires such organizations to assume full financial risk on a prospective basis for the provision of health care services (other than hospice care). Allows an organization to obtain insurance in specified circumstances. Sets forth requirements relating to benefits, provision of services (including limited physician incentive plans), enrollment, and premiums. Specifies patient protection standards, including those for information disclosure, access to services, out-of-network services, mandatory quality assurance programs, coverage determinations, grievances, appeals, and fair marketing procedures. Prescribes policy for payments to MedicarePlus organizations, including monthly adjusted capitation rates, and payments to the MedicarePlus MSAs of individuals electing high deductible-medisave products. Requires the Secretary of Health and Human Services to request the National Association of Insurance Commissioners to develop proposed standards consistent with this Act for Medicareplus organizations (other than union-sponsored, Taft-Hartley-sponsored, and provider- sponsored organizations) and their MedicarePlus products. Requires the Secretary to review and promulgate such standards, with any appropriate modifications. Requires the Secretary to develop standards for union sponsors, Taft-Hartley sponsors, and provider- sponsored organizations. Mandates State certification processes, subject to the Secretary's approval, for State-regulated organizations. Requires the Secretary to establish a certification process for union sponsors, Taft-Hartley sponsors, and provider-sponsored organizations. Requires MedicarePlus organizations to contract with the Secretary, subject to specified requirements. (Sec. 15003) Revises Medicare supplemental health insurance policy certification requirements concerned with the unlawful duplication of health benefits coverage, adding appropriate references to MedicarePlus products and making such provisions effective as if enacted as part of the Omnibus Budget Reconciliation Act of 1990, among other changes. Requires a report by the Secretary to the Congress on certain duplication issues. (Sec. 15004) Sets forth transition rules for current Medicare health maintenance organization (HMO) programs. (Sec. 15011) Amends the Internal Revenue Code to exclude from an individual's gross income any Federal payment to his or her MedicarePlus MSA, but include any MSA distribution not used to pay the account holder's qualified medical expenses. Excludes the value of such an MSA from the account holder's gross estate. Exempts an account holder from the excise tax on prohibited transactions even if an MSA ceases to be a MedicarePlus MSA because a distribution was not used to pay qualified medical expenses. (Sec. 15012) Amends the Internal Revenue Code to exclude from gross income any Medicare Part B premium discount rebate. (Sec. 15021) Declares that, in any Federal or State antitrust action, to conduct of a provider service network (and any member of such network) in negotiating, making, or performing a contract, to the extent such contract is for providing services under a MedicarePlus provider-sponsored organization (PSO) contract, shall not be illegal per se. Subjects such conduct to the antitrust rule of reason standard. (Sec. 15031) Amends SSA title XVIII to establish the Medicare Payment Review Commission (replacing the Prospective Payment Assessment Commission (ProPAC) and the Physician Payment Review Commission (PPRC), hereby abolished) which shall, among other things, review program payment policies (including those under the new MedicarePlus program) for appropriate recommendations to the Congress concerning such policies. Authorizes appropriations. (Sec. 15032) Creates the Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately 2010 and last for approximately 25 years; and (2) make specific recommendations to the Congress about a comprehensive approach to preserve Medicare for the period during which such individuals are Medicare-eligible. Authorizes appropriations. (Sec. 15033) Amends SSA title XI to make the appointment of the Health Care Financing Administration (HCFA) Administrator a secretarial, as opposed to a presidential, appointee. Subtitle B: Preventing Fraud and Abuse - Outlines various specified measures designed for preventing fraud and abuse under the Medicare program, including among them: (1) special outreach and other efforts by the Secretary which include establishing a beneficiary incentive program for collecting information on fraud and abuse under Medicare and a voluntary disclosure program for Medicare violators to disclose wrongdoing (for which sanctions may then be waived or otherwise mitigated); (2) revisions to current sanctions which include new intermediate sanctions for Medicare HMO violations; (3) establishment of the Medicare Integrity Program and associated Anti-Fraud and Abuse Trust Fund for contracting out to private entities specified anti-fraud and abuse activities; (4) permitting carriers to carry out prior authorization for certain items of durable medical equipment; (5) establishment by the Attorney General of a Health Care Anti-Fraud Task Force within the Department of Justice to prosecute health care fraud offenses; and (6) an HCFA-sponsored study of the adequacy of quality assurance and consumer protection programs under MedicarePlus for a report to the Congress. Provides appropriations from the Anti-Fraud and Abuse Trust Fund to carry out the Medicare Integrity Program. Subtitle C: Regulatory Relief - Amends SSA titles XI and XVIII, as well as the Omnibus Budget Reconciliation Act of 1993, to outline various specified revisions to Medicare physician referral prohibitions and anti-kickback and other penalties for the purpose of achieving Medicare regulatory relief. (Sec. 15201) Includes among such revisions: (1) removal of compensation arrangements from the proscribed financial arrangements between a physician and any entity to which he or she may refer a Medicare beneficiary (thus limiting proscribed financial arrangements to an ownership or investment interest in the entity); (2) limitation of the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services; (3) repeal of mandate for the Medicare and Medicaid Coverage Data Bank; and (4) the issuance of advisory opinions under SSA title XI. (Sec. 15204) Revises exceptions to the prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of- service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services and services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility. (Sec. 15214) Directs the Secretary to publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors; (2) additional safe harbors; and (3) special fraud alerts. Requires publication of such proposals in the Federal Register and issuance of final implementing rules by the Secretary as appropriate after consideration of any public comments received. (Sec. 15216) Provides for prior notice of changes in billing and claims processing requirements for physicians' services. (Sec. 15221) Outlines various specified measures designed to promote physician self-policing, including antitrust exemption for certain activities of medical self-regulatory entities. Subtitle D: Medical Liability Reform - Outlines various specified measures with respect to health care liability, including, among other things, changes establishing: (1) a statute of limitations for health care liability actions; (2) a limitation on noneconomic damages; and (3) standards for alternative dispute resolution used to resolve such an action or claim. (Sec. 15301) Exempts from this subtitle an action for damages arising from a vaccine-related injury or death to the extent that the Public Health Service Act applies. Subtitle E: Teaching Hospitals and Graduate Medical Education - Adds a new SSA title XXII (Teaching Hospitals and Graduate Medical Education Trust Fund) establishing in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund, consisting of the Indirect-Costs Medical Education Account, the Medicare Direct-Costs Medical Education Account, and the General Direct-Costs Medical Education Account. Prescribes requirements: (1) governing payments from such trust fund to teaching hospitals; and (2) providing for a temporary advisory panel which shall develop recommendations to the Congress with regard to the financing of teaching hospitals and graduate medical education, Federal policies regarding international medical graduates, and the dependence of medical schools on service- generated income. Authorizes appropriations. (Sec. 15412) Modifies payment policies under Medicare regarding graduate medical education. Subtitle F: Provisions Relating to Medicare Part A - Outlines various specified technical revisions in Medicare Part A rural and urban hospital and skilled nursing facility payment requirements, providing for various reductions in payment updates, disproportionate share payment adjustments, and other specified adjustments and payment-related changes. Includes chiefly among such technical revisions: (1) a reduction in payments to hospitals for enrollees' bad debts; (2) establishment of the rural emergency access care hospital program; (3) establishment of a program of incentives for cost-effective management of covered non-routine services of skilled nursing facilities; and (4) standards for the certification of skilled nursing facilities. (Sec. 15507) Makes permanent the pass-through payment to hospitals with respect to the costs of administering blood-clotting factors to hemophilia inpatients. (Sec. 15508) Provides for coverage as hospitals and skilled nursing facilities of Christian Science sanatoria certified by the Commission for Accreditation of Christian Science Nursing Organizations-Facilities, Inc. (Sec. 15511) Requires the Medicare Payment Review Commission established by this Act to study and report to the Congress on the impact of the designation of hospitals as sole community hospitals under the Medicare program on the delivery of health care services to individuals in rural areas. (Sec. 15527) States that, in order to ensure that Medicare beneficiaries are furnished appropriate extended care services, the Secretary shall establish and implement a medical review process to examine the effects of the amendments made by this subtitle on the quality of extended care services furnished to Medicare beneficiaries. (Sec. 15528) Requires the Medicare Payment Review Commission to report to the Congress on the system under which payment is made under Medicare for extended care services of skilled nursing facilities. Subtitle G: Provisions Relating to Medicare Part B - Revises specified Medicare Part B requirements, among other things: (1) replacing the volume performance standard for payments for physicians' services with a sustainable growth rate; (2) eliminating formula- driven overpayments for certain outpatient hospital services; and (3) reducing updates to payment amounts for clinical diagnostic laboratory tests. Makes other specified payment changes similar in nature with regard to durable medical equipment, while also providing for a seven- year freeze in inflation updates in payments for ambulatory surgical center services. (Sec. 15607) Provides for payments for up to 80 percent of the reasonable costs of rural emergency access care hospital services. (Sec. 15611) Provides for permanent extension of the Medicare part B premium, with a new formula for monthly premiums higher than 50 percent of the monthly actuarial rate. (Sec. 15612) Provides for certain part B premium increases for individuals with modified adjusted gross incomes for a taxable year in excess of certain threshold amounts, or decreases if the actual modified adjusted gross income is less than the initially determined amount. Subtitle H: Provisions Relating to Medicare Parts A and B - Amends SSA title XVIII to provide for Medicare payment for home health services in accordance with various specified guidelines. (Sec. 15701) Includes payment for prosthetics and orthotics along with payment for durable medical equipment under Medicare part A. (Sec. 15702) Provides for maintaining savings resulting from a temporary freeze on payment increases for home health services, basing updates to per visit cost limits on the limits for FY 1993. (Sec. 15703) Amends the Omnibus Budget Reconciliation Act of 1986 to extend through FY 1996 the waiver of presumption of lack of knowledge of exclusion from coverage for home health agencies. (Sec. 15711) Provides, with regard to Medicare as secondary payer, for: (1) extension and expansion of existing requirements; (2) recovery against third party administrators of primary plans; and (3) prohibition of retroactive application (before April 24, 1995) of a certain policy directive regarding end stage renal disease beneficiaries enrolled in primary plans. (Sec. 15721) Specifies Medicare budget targets for FY 1997 through 2002, with a formula for determination of such targets in subsequent fiscal years. Requires adjustment in applicable payment rates or payments for items and services in a sector of Medicare services for a fiscal year if the fee-for-service expenditures for that sector will exceed its allotment ("failsafe budget mechanism"). Requires such adjustment to result in a reduction by 133 1/3 percent of the amount of such excess. Specifies the sectors of Medicare services, as well as the formula for determining each sector's fiscal year allotment. Requires an annual report by the Board of Trustees of the Federal Hospital Insurance Trust Fund on the growth in Medicare part A expenditures. Establishes the Medicare Information Advisory Committee, and requires the Secretary, with the Committee's assistance, to adopt standards for Medicare information transactions and data elements in order to reduce the administrative costs of providing and paying for health care, and to make Medicare information uniformly available for electronic exchange. (Sec. 15741) Provides that nothing in SSA title XVIII may be construed to prohibit coverage under Medicare part A or B of items and services associated with the use of a medical device in the furnishing of inpatient or outpatient hospital services (including outpatient diagnostic imaging services) solely on the grounds that the device is not an approved device, if it is an investigational device and is used instead of either an approved device or a covered procedure. States that the amount of Medicare payment for any item or service associated with the use of an investigational device may not exceed the amount of the payment which would have been made for the item or service if it were associated with the use of an approved device or covered procedure. (Sec. 15742) Excludes from Medicare coverage items or services used for euthanasia. Subtitle I: Clinical Laboratories - Amends the Public Health Service Act to exempt from certification requirements under such Act clinical laboratories in physician offices (except when performing pap smear analysis).
Bill· HRH.R. 2427 (104th)referred
United States · United States Congress · 29 September 1995
Substance Abuse Group Homes Amendments of 1995 - Amends the Public Health Service Act to require that State and local officials consult with the public regarding the establishment of a designated substance abuse recovery group home, its governing policies, and the effects of an established home on the community. Requires the officials to monitor the home regarding whether the residents are in compliance with the conditions upon which the home was established.
Bill· HRH.R. 2442 (104th)referred
United States · United States Congress · 29 September 1995
Directs the Secretary of Defense to report to the Congress on an implementation plan for, and to conduct, a demonstration project in at least one region of the TRICARE program (a Department of Defense managed health care program) to provide certain covered beneficiaries the option to receive military health care through the Federal Employees Health Benefits program in addition to other health care options available.
Bill· HRH.R. 2422 (104th)open
United States · United States Congress · 28 September 1995
TABLE OF CONTENTS: Title I: Medicare Security Commission Title II: Medicare Savings Subtitle A: Savings in Medicare Part A Subtitle B: Savings in Medicare Part B Subtitle C: Savings in Parts A and B Subtitle D: Transfers to Part A Trust Fund Medicare Security Act of 1995 - Title I: Medicare Security Commission - Establishes the Medicare Security Commission to make specific recommendations to the Congress regarding revisions to the Medicare program under title XVIII of the Social Security Act (SSA) and health care financing and coverage generally to assure the continuing viability of the program during 2010 and thereafter when demographic changes are expected to expand Medicare's enrollment significantly. Title II: Medicare Savings - Subtitle A: Savings in Medicare Part A - Amends SSA title XVIII (Medicare) to make various specified technical payment-related changes with regard to Medicare part A (Hospital Insurance) matters involving: (1) update reductions for inpatient hospital services subject to the prospective payment system; (2) payments for ancillary costs of skilled nursing facilities under the physician fee schedule; (3) savings resulting from a temporary freeze on payment increases for skilled nursing facility services; and (4) continued reductions in payments for capital-related costs of inpatient hospital services. Subtitle B: Savings in Medicare Part B - Eliminates under Medicare part B (Supplementary Medical Insurance) formula-driven overpayments for certain outpatient hospital services, radiology services, and diagnostic procedures. Adds another 25 percent for FY 1997 to the reduction in practice expense relative value units for certain services. (Sec. 214) Directs the Secretary of Health and Human Services to establish a competitive acquisition process for durable medical equipment and clinical diagnostic laboratory tests, with a specified mandatory reduction in payment amounts if such competitive acquisition fails to achieve a ten percent minimum reduction in payment amounts. Subtitle C: Savings in Parts A and B - Amends SSA title XVIII to extend through FY 2002 certain Medicare as secondary payer data match requirements. (Sec. 222) Prohibits the Secretary, in establishing reasonable cost limits for payments for home health services, from taking into account any changes in the costs of such services with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996 (thus continuing the temporary freeze on payment increases for such services). (Sec. 223) Reduces from 95 percent to 89 percent the Federal share of the adjusted average per capita cost (AAPCC) payment to Medicare health maintenance organizations. Subtitle D: Transfers to Part A Trust Fund - Requires the Secretary of the Treasury to transfer to the Federal Hospital Insurance Trust Fund, each fiscal year, amounts equivalent to the estimate of what would have been expended during the fiscal year, but for this title, from the Federal Supplementary Medical Insurance Trust Fund.
Bill· HRH.R. 2420 (104th)referred
United States · United States Congress · 28 September 1995
Amends title XIX (Medicaid) of the Social Security Act to generally require that, in order for States to receive payment under Medicaid, health maintenance organizations (HMOs) and other managed care plans providing medical assistance to Medicaid beneficiaries must, in addition to current law requirements under the program, provide in their contracts with the State for payment of specifically authorized services by certain school-based health centers. Directs the Secretary of Health and Human Services to establish a clearinghouse through which interested parties may receive information and technical assistance on the establishment and operation of such centers. Amends the Public Health Service Act to provide for grants to public and nonprofit private entities for school-based health centers. Authorizes appropriations.
Bill· HRH.R. 2414 (104th)referred
United States · United States Congress · 28 September 1995
Youth Smoking Prevention Act of 1995 - Declares that the Secretary of Health and Human Services does not have any authority under the Federal Food, Drug, and Cosmetic Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. Establishes the Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and tobacco products containing nicotine as a condition to the receipt by State of the Federal preventive health and health services block grant. Amends the Public Health Service Act to prohibit or reduce the amount of block grants for the prevention and treatment of substance abuse based on whether a State has a law prohibiting: (1) sale of tobacco or tobacco products to individuals under the age of 18; (2) purchase of those materials by such individuals; (3) use of false identification for the purchase of those materials; (4) sale of individual cigarettes and packages of fewer than 20 cigarettes; (5) operation of a vending machine dispensing such materials unless specified requirements are met; (6) use of unsupervised self-service displays; (7) distribution of free samples to such individuals; and (8) distribution through the mail to such individuals. Sets forth general requirements regarding the sale of such materials and related notice by the owner to the employees of a retail establishment. Prohibits engaging in the retail sale of cigarettes without a license issued by the State. Sets forth State responsibilities. Regulates billboard advertising. Prohibits the placement of a tobacco manufacturer's brand name or logo on any item marketed specifically to minors, including toys and video games. Allows use of amounts available under such block grants to enforce the laws described in this Act.
Bill· HRH.R. 2403 (104th)open
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: General Provisions Title II: Federal Aviation Administration Streamlining Programs Title III: System to Fund Certain Federal Aviation Administration Functions Air Traffic Management System Performance Improvement Act of 1995 - Title I: General Provisions - Amends Federal Aviation Act of 1958 to delineate the powers and duties of the Administrator of the Federal Aviation Administration (FAA) and the Secretary of Transportation with respect to the FAA. (Sec. 104) Authorizes the Administrator to issue, rescind, and revise regulations as necessary to carry out the FAA functions. Prohibits the Administrator, without prior approval of the Secretary, from issuing a proposed or final regulation that is significant or is likely to result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $50 million or more in any year. Excepts emergency regulations from such prohibition, but subjects them to rescission if the Secretary fails to ratify them. Requires the Administrator to review any unusually burdensome regulations, which would result in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25 million or more (adjusted annually for inflation) in any year. (Sec. 105) Authorizes the Administrator to utilize personnel of other Federal agencies. (Sec. 107) Amends Federal transportation law to revise FAA budget provisions to require the Administrator, after the first fiscal year in which the FAA is funded entirely by user fees, to prepare a budget for the FAA for each fiscal year. Directs the Secretary to review such budget, recommending modifications to it to ensure consistency with the needs of the national transportation system. (Sec. 110) Directs the Administrator to establish a select panel to review and report to the Congress regarding a limited innovative program to fund specific facilities and equipment projects, and to provide limited additional funding alternatives for airport capacity development. (Sec. 112) Directs the Administrator to establish the Federal Aviation Management Advisory Council which shall: (1) provide advice and counsel to the Administrator on issues which affect or are affected by the Administrator's operations; and (2) function as an oversight resource for management, policy, spending, and regulatory matters. (Sec. 113) Requires the Administrator, in order to protect the public health and welfare from aircraft engine emissions, to prescribe air pollutant emission standards for aircraft engines. Title II: Federal Aviation Administration Streamlining Programs - Directs the Administrator to develop an innovative program for air traffic control modernization using an acquisition management system for FAA procurement of goods and services. (Sec. 202) Requires the Administrator to terminate programs funded under the Facilities and Equipment account, and to consider the termination of substantial acquisitions, that fail meet specified established project criteria. (Sec. 203) Directs the Administrator to develop an innovative personnel management system for the management, compensation, and advancement of FAA employees. Title III: System to Fund Certain Federal Aviation Administration Functions - Directs the FAA to submit to the Congress a performance- based fee system for various FAA services. (Sec. 303) Directs the FAA to enter into an agreement with the Department of Defense (DOD) for the reimbursement to the FAA of the net cost of air traffic control services provided to DOD. (Sec. 304) Directs the FAA to submit to the Congress a proposed fee system for air traffic control services. (Sec. 306) Increases for FY 1998 and 1999 Airport and Airway Trust Fund spending caps for certain direct costs for air navigation facilities and joint air navigation services. (Sec. 307) Requires the multiyear appropriation of funds (not less than three years) for Trust Fund activities.
Bill· HRH.R. 2408 (104th)referred
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: Fraud and Abuse Control Program Title II: Revisions to Current Sanctions for Fraud and Abuse Title III: Administrative and Miscellaneous Provisions Title IV: Monetary Penalties Title V: Amendments to Anti-Kickback Law Title VI: Amendments to the Physicians Self-Referral Law Title VII: Medicare Billing Abuse Prevention Health Care Anti-Fraud Act of 1995 - Title I: Fraud and Abuse Control Program - Directs the Attorney General to establish a national health care fraud task force to: (1) pursue civil and criminal actions for health care fraud and abuse; and (2) coordinate Federal law enforcement efforts toward controlling such fraud and abuse. (Sec. 103) Requires the Secretary of Health and Human Services (HHS) and the Attorney General to establish a fraud and abuse control program for coordinating Federal, State, and local efforts towards controlling such fraud and abuse. (Sec. 104) Amends title XI of the Social Security Act (SSA) to authorize the Secretary to identify opportunities to satisfy any community service obligations imposed by a court for a health care fraud and abuse conviction. (Sec. 105) Outlines provisions for the solicitation and publication of modifications to existing safe harbors and new safe harbors. Provides for advisory opinions by the Secretary under SSA title XI. Details provisions for special fraud alerts by the HHS Inspector General with regard to possible fraudulent health care practices. Title II: Revisions to Current Sanctions for Fraud and Abuse - Revises current sanctions under SSA titles XI and XVIII (Medicare) for health care fraud and abuse, with changes providing for: (1) mandatory exclusion from participation in Medicare and State health care programs for an individual convicted of a felony relating to health care fraud or to a controlled substance; (2) establishment of a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from such programs; (3) permissive exclusion of individuals with ownership or control interest in sanctioned entities; (4) changes involving Medicare health maintenance organization intermediate sanctions; and (5) repeal of the "unwilling or unable" condition for imposition of certain sanctions. Title III: Administrative and Miscellaneous Provisions - Directs the Secretary to establish a national health care fraud and abuse data collection program for reporting final adverse health care actions. Outlines the mechanism for Government agency and health plan reporting of final health care adverse actions to the task force above. Title IV: Monetary Penalties - Modifies criminal and civil monetary penalty provisions under SSA title XI, increasing the sanctions for various specified offenses. Title V: Amendments To Anti-Kickback Law - Makes various specified technical amendments to anti-kickback provisions under SSA title XI, among other changes specifying additions to the anti-kickback exceptions. Title VI: Amendments to Physician Self-Referral Law - Amends SSA title XVIII with respect to the prohibition on certain physician referrals to remove compensation arrangements from the proscribed financial arrangements between a physician and any entity to which he or she may refer a Medicare beneficiary (thus limiting proscribed financial arrangements to an ownership or investment interest in the entity). Title VII: Medicare Billing Abuse Prevention - Directs the Secretary to require Medicare carriers to acquire commercial automatic data processing equipment meeting certain minimum requirements to process Medicare part B (Supplementary Medical Insurance) claims in order to identify intentional billing code abuse. Prohibits the Secretary from implementing such a system to detect improper billing for items and services under Medicare resulting from the improper unbundling of items and services. Provides for a review and modification of Medicare payment regulations as appropriate.
Bill· HRH.R. 2411 (104th)referred
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: Grants to Encourage Establishment of Community Rural Health Networks Title II: Incentives for Health Professionals to Practice in Rural Areas Subtitle A: National Health Service Corps Program Subtitle B: Incentives Under Other Programs Title III: Assistance for Institutional Providers Subtitle A: Hospital-Affiliated Primary Care Centers Subtitle B: Assistance to Rural Providers Under Medicare Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education Title IV: Medicare Payment Methodologies Title V: Hospital Antitrust Fairness Title VI: Financing Rural Health Development Act - Title I: Grants to Encourage Establishment of Community Rural Health Networks - Mandates grants to a State to develop plans to increase health care access for residents of chronically underserved areas. Authorizes appropriations. (Sec. 102) Requires that funds be made available for technical assistance for certain entities seeking to establish or enhance a community rural health network in an underserved rural area. Authorizes appropriations. (Sec. 103) Mandates financial assistance for developing and implementing community rural health networks. Authorizes appropriations. Title II: Incentives for Health Professionals to Practice in Rural Areas - Subtitle A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. (Sec. 202) Mandates a study regarding possible modifications to the statutory and administrative criteria for the designation of health professional shortage areas. (Sec. 203) Amends the Public Health Service Act to modify priorities in assigning National Health Service Corp members. Requires that certain funds be reserved to ensure that a certain number of participants in the National Health Service Corps Scholarship Program are being educated as nurses. Subtitle B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act to mandate an incentive payment of 20 (currently, 10) percent for physician primary care services (currently, for physician services) in a health professional shortage area. Continues the incentive payments in an area for three years after withdrawal of the health professional shortage area designation. Mandates a study of the effectiveness of additional payments in recruiting and retaining physicians to provide services in such areas. (Sec. 212) Requires publication of a model State law to increase individuals' health care access in underserved rural areas by expanding the services which non-physician health care professionals may provide in such areas. Title III: Assistance for Institutional Providers - Subtitle A: Hospital-Affiliated Primary Care Centers - Amends the Public Health Service Act to require that certain funds be reserved for the establishment and operation of hospital-affiliated primary care centers. Subtitle B: Assistance to Rural Providers Under Medicare - Amends Medicare provisions to include rural emergency access care hospitals (REACHs) in the definition of "hospital" for purposes of provisions relating to examination and treatment for emergency medical conditions and women in labor. (Sec. 312) Adds inpatient REACH services to the scope of benefits under Medicare part A (Hospital Insurance). Applies existing deductible and coinsurance requirements to such services. Regulates the amount of payments for inpatient rural primary care hospital services. Adds references to REACHs to the definition of "spell of illness." Includes REACHs in the scope of Medicare part B (Supplementary Medical Insurance). Authorizes benefit payments. Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Mandates a demonstration project (to increase the number and percentage of medical students entering primary care practice) involving payments to not more than ten States and not more than ten health care training consortia. Requires corresponding reductions in payments (under specified Medicare provisions) to recipient States and hospitals for direct graduate medical education (GME) costs. Authorizes planning and evaluation grants to participating States and consortia. Authorizes appropriations for the grants. Title IV: Medicare Payment Methodologies - Mandates development of a methodology for making payments under Medicare part B (Supplementary Medical Insurance) for telemedicine services furnished on an emergency basis in a health professional shortage area. Amends Medicare provisions relating to payments to health maintenance organizations (HMOs) and competitive medical plans to modify the definition of "adjusted average per capita cost" to require that amounts be determined for all of the United States rather than for various geographic areas. Title V: Hospital Antitrust Fairness - Makes antitrust laws inapplicable to hospital mergers or contracts between hospitals to allocate services if each of the hospitals: (1) is outside of a city, or in a city with less than 150,000 inhabitants; (2) received more than 40 percent of its gross revenue from payments under Federal programs; and (3) the Health Care Financing Administration (HCFA) has issued a certificate specifying that HCFA has determined that the merger or contract would reduce Federal expenditures, not increase consumer costs, and not reduce access to health care services. Title VI: Financing - Amends the Internal Revenue Code to impose a tax on Medicare-covered individuals with modified adjusted gross incomes above specified amounts. (Sec. 602) Declares that, notwithstanding any other provision of law, no funds are authorized to be appropriated to carry out these programs for FY 1996 or any subsequent fiscal year: (1) the grant program for rural health transition under specified provisions of the Omnibus Budget Reconciliation Act of 1987; (2) the program for rural outreach grants and the telemedicine grant program that were, for FY 1995, carried out by the Health Resources and Services Administration with funds under a specified Federal law; (3) the program under specified Public Health Service Act provisions relating to State offices of rural health; and (4) the programs under specified parts of title XII (Trauma Care) of the Public Health Service Act.
Bill· HRH.R. 2400 (104th)referred
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: Definitions; General Provisions Title II: Certification of Health Plans Title III: Enforcement Family Health Care Fairness Act of 1995 - Title I: Definitions; General Provisions - Defines terms for purposes of this Act. Mandates a process under which a health plan may apply to be certified under this Act. Provides for certification review, termination, and nonrenewal. Conditions certification on meeting the requirements of this Act. Title II: Certification of Health Plans - Sets forth requirements plans must meet for certification, including regarding: (1) access to care (including emergency and urgent care and specialized services); (2) choice of health professionals, a point-of-service option, and continuity of care; (3) nondiscrimination against individuals or providers on the basis of race and other factors, including the individual's (or the providers' patients') health status and anticipated need for services; (4) mechanisms used in development of plan policies; (5) certain procedures relating to utilization review and appeals processes; (6) certain due process rights for providers; (7) marketing materials and information provided by plans to enrollees and prospective enrollees; (8) confidentiality; (9) plan financial reserves and solvency; and (10) a quality assurance program and case review. (Sec. 210) Mandates a study and report to the Congress on the feasibility and desirability of voluntary health plan participation in a system that: (1) uses a risk adjustment mechanism for enhanced premium payments to plans serving high risk or underserved populations; and (2) requires part of such premiums to be passed through to providers serving such populations. Title III: Enforcement - Mandates regulations to enforce this Act. (Sec. 302) Prohibits plans from inappropriately limiting or denying care through any utilization review or cost containment technique. Allows any individual alleging injury caused by a clinically or medically inappropriate decision resulting from the design or application of utilization review or cost containment to commence a civil action against the plan in State or Federal court. Prohibits plans from requiring any provider to indemnify the plan for recovery in such an action. Prohibits States from limiting plan liability under such an action.
Bill· HRH.R. 2395 (104th)referred
United States · United States Congress · 25 September 1995
Amends title XIX (Medicaid) of the Social Security Act to eliminate certain requirements on State Medicaid plans with respect to minimum levels of provider reimbursement for hospitals, nursing facilities, and intermediate care facilities for the mentally retarded.
Bill· SS. 1268 (104th)referred
United States · United States Congress · 22 September 1995
TABLE OF CONTENTS: Title I: Grants to Encourage Establishment of Community Rural Health Networks Title II: Incentives for Health Professionals to Practice in Rural Areas Subtitle A: National Health Service Corps Program Subtitle B: Incentives Under Other Programs Title III: Assistance for Institutional Providers Subtitle A: Hospital-Affiliated Primary Care Centers Subtitle B: Assistance to Rural Providers Under Medicare Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education Title IV: Medicare Payment Methodologies Title V: Hospital Antitrust Fairness Title VI: Financing Rural Health Development Act - Title I: Grants to Encourage Establishment of Community Rural Health Networks - Mandates grants to a State to develop plans to increase health care access for residents of chronically underserved areas. Authorizes appropriations. (Sec. 102) Requires that funds be made available for technical assistance for certain entities seeking to establish or enhance a community rural health network in an underserved rural area. Authorizes appropriations. (Sec. 103) Mandates financial assistance for developing and implementing community rural health networks. Authorizes appropriations. Title II: Incentives for Health Professionals to Practice in Rural Areas - Subtitle A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. (Sec. 202) Mandates a study regarding possible modifications to the statutory and administrative criteria for the designation of health professional shortage areas. (Sec. 203) Amends the Public Health Service Act to modify priorities in assigning National Health Service Corp members. Requires that certain funds be reserved to ensure that a certain number of participants in the National Health Service Corps Scholarship Program are being educated as nurses. Subtitle B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act to mandate an incentive payment of 20 (currently, 10) percent for physician primary care services (currently, for physician services) in a health professional shortage area. Continues the incentive payments in an area for three years after withdrawal of the health professional shortage area designation. Mandates a study of the effectiveness of additional payments in recruiting and retaining physicians to provide services in such areas. (Sec. 212) Requires publication of a model State law to increase individuals' health care access in underserved rural areas by expanding the services which non-physician health care professionals may provide in such areas. Title III: Assistance for Institutional Providers - Subtitle A: Hospital-Affiliated Primary Care Centers - Amends the Public Health Service Act to require that certain funds be reserved for the establishment and operation of hospital-affiliated primary care centers. Subtitle B: Assistance to Rural Providers Under Medicare - Amends Medicare provisions to include rural emergency access care hospitals (REACHs) in the definition of "hospital" for purposes of provisions relating to examination and treatment for emergency medical conditions and women in labor. (Sec. 312) Adds inpatient REACH services to the scope of benefits under Medicare part A (Hospital Insurance). Applies existing deductible and coinsurance requirements to such services. Regulates the amount of payments for inpatient rural primary care hospital services. Adds references to REACHs to the definition of "spell of illness." Includes REACHs in the scope of Medicare part B (Supplementary Medical Insurance). Authorizes benefit payments. Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Mandates a demonstration project (to increase the number and percentage of medical students entering primary care practice) involving payments to not more than ten States and not more than ten health care training consortia. Requires corresponding reductions in payments (under specified Medicare provisions) to recipient States and hospitals for direct graduate medical education (GME) costs. Authorizes planning and evaluation grants to participating States and consortia. Authorizes appropriations for the grants. Title IV: Medicare Payment Methodologies - Mandates development of a methodology for making payments under Medicare part B (Supplementary Medical Insurance) for telemedicine services furnished on an emergency basis in a health professional shortage area. Amends Medicare provisions relating to payments to health maintenance organizations (HMOs) and competitive medical plans to modify the definition of "adjusted average per capita cost" to require that amounts be incrementally adjusted after contract year 1995 so that, before contract year 2002, the amount determined for each geographic area is within ten percentage points of amounts determined for all other geographic areas. Title V: Hospital Antitrust Fairness - Makes antitrust laws inapplicable to hospital mergers or contracts between hospitals to allocate services if each of the hospitals: (1) is outside of a city, or in a city with less than 150,000 inhabitants; (2) received more than 40 percent of its gross revenue from payments under Federal programs; and (3) the Health Care Financing Administration (HCFA) has issued a certificate specifying that HCFA has determined that the merger or contract would reduce Federal expenditures, not increase consumer costs, and not reduce access to health care services. Title VI: Financing - Amends the Internal Revenue Code to impose a tax on Medicare-covered individuals with modified adjusted gross incomes above specified amounts. (Sec. 602) Declares that, notwithstanding any other provision of law, no funds are authorized to be appropriated to carry out these programs for FY 1996 or any subsequent fiscal year: (1) the grant program for rural health transition under specified provisions of the Omnibus Budget Reconciliation Act of 1987; (2) the program for rural outreach grants and the telemedicine grant program that were, for FY 1995, carried out by the Health Resources and Services Administration with funds under a specified Federal law; (3) the program under specified Public Health Service Act provisions relating to State offices of rural health; and (4) the programs under specified parts of title XII (Trauma Care) of the Public Health Service Act.
Bill· HRH.R. 2389 (104th)referred
United States · United States Congress · 21 September 1995
TABLE OF CONTENTS: Title I: Preventing Fraud and Abuse Title II: Regulatory Relief Safeguarding Medicare Integrity Act of 1995 - Title I: Preventing Fraud and Abuse - Directs the Secretary of Health and Human Services to: (1) make certain ongoing efforts to alert Medicare beneficiaries of any fraud or abuse committed against the Medicare program as well as of the toll-free telephone line for reporting such fraud and abuse; (2) provide an explanation of Medicare benefits with respect to each item or service for which payment may be made regardless of whether or not a deductible or co-payment may be imposed; and (3) issue special Medicare-related fraud alerts upon request after investigation. Directs the Secretary to establish certain incentive programs to: (1) encourage the reporting of Medicare fraud and abuse; and (2) collect information on program efficiency. (Sec. 103) Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise contracting requirements, allowing imposition of intermediate sanctions for specified program violations in lieu of contract termination under guidelines for the payment of health maintenance organizations and competitive medical plans. Applies such sanctions to any Medicare program violation. (Sec. 104) Amends SSA title XI (General Provisions and Peer Review) to direct the Secretary to establish a voluntary disclosure program for an individual or entity with information on acts or omissions of such individual or entity which constitute grounds for a sanction. Authorizes the Secretary to waive or mitigate any applicable sanction in the event of such a voluntary disclosure. (Sec. 105) Amends SSA title XI to revise current sanctions, increasing criminal fines and establishing a minimum period of exclusion for certain individuals and entities subject to permissive exclusion. (Sec. 106) Amends SSA title XVIII (Medicare) to create the Medicare Integrity Program for contracting with eligible entities to conduct various anti-fraud and abuse review and audit activities. Establishes the Anti-Fraud and Abuse Trust Fund in the Treasury, consisting of specified fines, penalties, and amounts transferred from the Federal Hospital Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, to carry out such activities. Provides for a direct appropriation of funds to carry out the program. Prohibits any agency or organization (including fiscal intermediaries and insurance carriers) from carrying out any such activities that have been contracted out. (Sec. 107) Permits Medicare carriers to carry out prior authorization for certain items of durable medical equipment. (Sec. 108) Directs the Attorney General to establish a Health Care Anti-Fraud Task Force within the Department of Justice to prosecute health care fraud offenses. (Sec. 109) Directs the Administrator of the Health Care Financing Administration (acting through the Office of Research and Development) to contract with a private entity to study for a report to Congress on the adequacy of private quality assurance programs and consumer protections used by eligible organizations with risk-sharing contracts under Medicare, including an analysis of the effectiveness of such organizations in protecting enrollees against the risk of insufficient provision of benefits which may result from utilization controls. Title II: Regulatory Relief - Amends SSA title XI to provide for regulatory relief with regard to: (1) the imposition of civil monetary and anti-kickback penalties (and associated exceptions); and (2) the effect and application of safe harbor exceptions. (Sec. 203) Provides for solicitation of proposals for and publication of modifications to existing safe harbors and addition of new ones. (Sec. 204) Directs the Secretary to issue advisory opinions regarding prohibited remuneration, inducements to reduce or limit Medicare or Medicaid services, or qualification of any activity or proposed activity for the imposition of specified sanctions. Prohibits advisory opinions with respect to fair market value of goods, services, or property, or to an individual's status as a bona fide employee.
Bill· HRH.R. 2390 (104th)referred
United States · United States Congress · 21 September 1995
Medicare Physician Ownership Referral Reform Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to: (1) repeal the prohibition of physician referrals to certain entities with which the referring physician has a financial relationship if such relationship is based on compensation arrangements only; (2) eliminate reporting requirements under such provisions; (3) provide that such provisions preempt State law to the extent it is inconsistent; and (4) limit the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services. Revises exceptions to such prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of-service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services, services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility, and designated health services for which a physician or physician group is paid only on a capitated basis by a health plan or insurer. Amends the Omnibus Budget Reconciliation Act of 1993 to make its amendments to such physician referral limitations inapplicable until the Secretary of Health and Human Services promulgates final implementing regulations.
Bill· SS. 1263 (104th)referred
United States · United States Congress · 20 September 1995
Medicare Anesthesia Services Reform Act - Directs the Secretary of Health and Human Services to revise regulations for anesthesia services payment under Medicare to allow payment when they are furnished in a hospital or ambulatory surgical center by a certified registered nurse anesthetist permitted under applicable State law to administer them without physician or anesthesiologist supervision. Amends title XVIII (Medicare) of the Social Security Act to provide for payment for physician and certified registered nurse anesthetist jointly furnished single case anesthesia services.
Bill· SS. 1262 (104th)referred
United States · United States Congress · 20 September 1995
Tobacco Products Control Act of 1995 - Amends the Federal Cigarette Labeling and Advertising Act (with regard to cigarettes) and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (with regard to smokeless tobacco products) to make unlawful: (1) advertising on certain outdoor billboards; (2) advertising in publications having more than 15 percent of their total readership under 18 years old; (3) product placement (paid for by a manufacturer) as a prop in any general public motion picture; and (4) placement of a brand name or logo in a video, on a video game machine, or in a family amusement center. Amends the Public Health Service Act to prohibit or reduce, starting in FY 1997, formula grants to States for prevention and treatment of substance abuse unless the State has a law: (1) prohibiting the sale or distribution of cigarettes or smokeless tobacco products to anyone under the age of 18; (2) regulating in specified ways cigarette or smokeless tobacco product vending machines; and (3) prohibiting the distribution without charge of cigarettes or smokeless tobacco products or the distribution of coupons redeemable for cigarettes or smokeless tobacco products. Allows amounts from the formula grants to be used to enforce such State laws. Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to declare that nothing in the FDCA or any other Act shall provide the Food and Drug Administration with any authority to regulate in any manner tobacco or tobacco products.
Law· HRH.R. 2366 (104th)enacted
United States · United States Congress · 19 September 1995
Amends title XVIII (Medicare) of the Social Security Act to repeal the requirement that doctors and hospitals receiving Medicare funds report to the Secretary of Health and Human Services upon the implementation, removal, or replacement of all cardiac pacemaker devices and pacemaker leads for which Medicare makes payment.
Bill· HRH.R. 2364 (104th)open
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.
Bill· SS. 1255 (104th)referred
United States · United States Congress · 18 September 1995
Medicare Contractor Reform Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to make various specified changes in the way Medicare administers its contracts for administrative operations. Provides chiefly among such changes for: (1) expanding the types of entities eligible to serve as carriers under the program; (2) allowing service providers their periodic choice of fiscal intermediaries; (3) repealing certain contract termination, cost reimbursement, and non- cost-effective fiscal intermediary requirements; and (4) requiring competition in cases of certain new contracts and in cases involving poor contract performance. Waives competition requirements under specified circumstances.
Bill· SS. 1251 (104th)referred
United States · United States Congress · 18 September 1995
TABLE OF CONTENTS: Title I: National Fund for Health Research Title II: Financing Provisions National Fund for Health Research Act - Title I: National Fund for Health Research - Establishes the National Fund for Health Research. Transfers to the fund amounts received as a result of Internal Revenue Code amendments made by this Act plus any overpayment designations or contributions as provided for in this Act. Mandates distributions from the Fund to the National Institutes of Health, to the National Center for Research Resources, and for carrying out specified Public Health Service Act provisions relating to health information communications. Excludes amounts in the Fund from consideration or enforcement with regard to the Congressional Budget Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985. Title II: Financing Provisions - Amends the Internal Revenue Code to increase the excise tax on tobacco products and cigarette papers and tubes. (Sec. 203) Requires such materials exported without tax payment to be marked as regulations require. Imposes, for related violations, a monetary penalty and requires forfeiture of the materials and any vessels, vehicles, and aircraft used. Regulates reimportation. Adds references to importers to provisions relating to permits, inventories, reports, and certain criminal penalties and forfeitures. Ends: (1) tax-free consumption by manufacturers' employees; and (2) tax-free removal for the use of the United States. Subjects to taxation all books or sets of cigarette papers regardless of the number of papers. Allows denial of a permit to operate as a manufacturer, importer, or export warehouse proprietor if minimum capacity or activity requirements are not met. (Sec. 204) Imposes an excise tax on roll-your-own tobacco manufactured in or imported to the United States. (Sec. 205) Allows an individual to designate that a portion of any tax overpayment and a cash contribution be paid over to the Fund. Terminates the designation provisions when the sum of all designations for the second and third preceding years is less than $5 million.
Bill· HRH.R. 2350 (104th)referred
United States · United States Congress · 18 September 1995
Medicare Patient Choice Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations and competitive medical plans, among other things, to: (1) have a minimum 85 percent loss-ratio of benefits-to-premiums; (2) assure Medicare enrollees timely access to in-network primary and specialty health care providers and out-of-network providers as well; (3) establish a cost-sharing schedule for out-of-network services; (4) establish a grievance process with board of appeals hearings within 30 days of the filing of a complaint; and (5) provide each enrollee with an explanation of the enrollee's rights and a copy of the most recent consumer report card for the organization. Prohibits provider incentive plans that fail to meet specified criteria. Applies the same requirements to Medicare select policies.
Bill· SS. 1244 (104th)open
United States · United States Congress · 15 September 1995
TABLE OF CONTENTS: Title I: Fiscal Year 1996 Appropriations Title II: District of Columbia Schools Improvement Act Subtitle A: Establishment and Organization of Commission on Consensus Reform in the District of Columbia Public Schools Subtitle B: Charter Schools Title I: Fiscal Year 1996 Appropriations - District of Columbia Appropriations Act, 1996 - Appropriates funds for FY 1996 for: (1) the Federal payment to the District of Columbia ($600 million); and (2) the Federal contribution to the District of Columbia Police Officers and Fire Fighters', Teachers', and Judges' Retirement Funds ($52.07 million). Appropriates specified sums for the District of Columbia out of the District of Columbia general fund for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) the Washington Convention Center Fund; (8) repayment of specified loans and interest; (9) repayment of the general fund deficit as of September 30, 1990; (10) repayment of interest on short-term borrowing; (11) the Rainy Day Fund; (12) the incentive buyout program; (13) outplacement; (14) capital outlay; (15) the Water and Sewer Enterprise Fund; (16) the Lottery and Charitable Games Enterprise Fund; (17) the Cable Television Enterprise Fund; (18) the Starplex Fund; (19) D.C. General Hospital; (20) the D.C. Retirement Board; (21) the Correctional Industries Fund; (22) the D.C. Financial Responsibility and Management Assistance Authority (Authority); and (23) the Washington Convention Center Enterprise Fund. Prohibits the use of revenues from Federal sources to support the Statehood Commission and Statehood Compact Commission. Requires the District to operate a free, 24-hour telephone information service where residents of the area surrounding Lorton prison can obtain information about all prison disturbances. Requires the Mayor of the District to reduce appropriations and expenditures in specified amounts for: (1) personal services by decreasing rates of compensation for District government employees through the renegotiation of existing collective bargaining agreements and otherwise, if necessary; (2) boards and commissions; and (3) personal services costs, in consultation with the D.C. Council and the Financial Responsibility and Management Assistance Authority. (Sec. 101) Sets forth certain uses of and restrictions on the expenditure of appropriations made by this Act. (Sec. 110) Requires that the annual budget for the District of Columbia government for FY 1997 be transmitted to the Congress by April 15, 1996. (Sec. 123) Directs the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 1996, the FY 1996 revenue estimates. (Sec. 131) Prohibits funds appropriated under this Act from being: (1) used by the District to provide for salaries, expenses, or other costs associated with the offices of U.S. Senator or U.S. Representatives under the District of Columbia Statehood Constitutional Convention Initiatives of 1979; or (2) expended for any abortion unless it is necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Sec. 135) Amends the District of Columbia Real Property Tax Revision Act of 1974 to require the D.C. Council, if it extends the time to establish rates of taxation on real property for a tax year, to establish such rates by permanent legislation. Changes the date by which the Council should establish the rates from July 15 to October 15. Applies, during a tax year, the rates of taxation for the prior year if the rates are not established and the Council does not extend the time. Makes the real property tax rates for taxable real property in the District for FY 1996 the same rates in effect for FY 1994. Repeals provisions of the Act which require such rates to be those submitted by the Mayor or the D.C. Council. (Sec. 137) Requires the Mayor to submit to the D.C. Council a report delineating the executive's action to effect the directives of the Council in this Act with respect to certain reductions. (Sec. 140) Prohibits the use of funds appropriated in this Act to enforce or implement: (1) any registration system for unmarried, cohabitating couples that are homosexual, lesbian, or heterosexual, including registration for the extension of employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples; or (2) the District Domestic Partner Act (also called the District of Columbia Health Care Benefits Expansion Act of 1992). (Sec. 145) Prohibits an agency from filling a position wholly funded by appropriations authorized by this Act which is vacant on October 1, 1995, or which becomes vacant during FY 1996, unless the Mayor or the independent agency submits a proposed resolution of intent to fill the vacant position to the D.C. Council for approval or disapproval. Prohibits any reduction in the number of full-time equivalent positions or any reduction-in-force due to privatization or contracting out if the Authority disallows the full-time equivalent position reduction provided in this Act in meeting the specified ceiling of 39,778 for FY 1996. Allows the appropriate personnel authority to fill a vacant position with a District government employee currently occupying a position that is funded with appropriated funds. Exempts local school-based teachers, officers, or teachers' aides. (Sec. 149) Modifies D.C. reductions-in-force procedures to allow a personnel authority to establish lesser competitive areas within an agency on the basis of all or a clearly identifiable segment of an agency's mission or a division or major subdivision of an agency. Authorizes each agency head to identify positions for abolishment. Outlines procedures for abolishment of such positions for FY 1996. (Sec. 150) Extends until August 11, 1996, the date by which the General Services Administration has to convey specified lands in the District to the Columbia Hospital for Women to construct a facility to house the National Women's Health Resource Center. Title II: District of Columbia Schools Improvement Act - Subtitle A: Establishment and Organization of Commission on Consensus Reform in the District of Columbia Public Schools - Establishes the Commission on Consensus Reform in the District of Columbia Public Schools. Grants the Commission the power to: (1) exercise financial control over the D.C. schools exercised through the Authority; and (2) approve, monitor, and facilitate development and implementation of the System-Wide Educational Reform Goals and Objectives Plan of the D.C. Board of Education. (Sec. 204) Requires the Board to develop, adopt, and submit such a Plan for the upcoming school year on or before March 1 of each year for the Commission's approval. Requires that each Plan: (1) meet specified objectives and reflect the cumulative effect of the Local School Restructuring Team in terms of student needs, financial requirements, and timeliness for implementation; and (2) include specific provisions to ensure the best possible utilization of public school space. (Sec. 205) Sets forth provisions concerning: (1) Plan goals; (2) Commission standards, procedures, or forms for preparation and submission of such Plan by the Board; (3) the Commission's approval criteria for the Plan and the Commission's rejection and revision of it; (4) reporting requirements of the Board to the Commission concerning implementation of each approved Plan; (5) notice of modification of approved Plans. (Sec. 206) Prohibits the Board from: (1) entering into any contract, agreement, or other obligation unless it is consistent with the Plan in effect; or (2) impairing any existing contract or obligation of the Board. Authorizes the Commission to: (1) direct the Board to modify or amend the Board's rules or policies that the Commission deems necessary to facilitate development or implementation of the Plan; and (2) request that the Authority review proposed or existing contracts or leases pursuant to the District of Columbia Financial Responsibility and Management Assistance Act of 1995. (Sec. 207) Allows the Commission to: (1) examine and audit the Board's records or require the Board to do so; (2) investigate actions or activities which may hinder the progress of any part of an approved Plan; and (3) submit recommendations to the Board, Mayor, D.C. Council, and the Congress on actions the District government or the Federal Government should take to ensure implementation of the approved Plan. (Sec. 210) Requires: (1) the Board to notify the Commission within ten days of the occurrence of a vacancy in the Superintendent of Public Schools; (2) the Commission to search for candidates for such office and submit the names of three candidates to the Board; and (3) the Board to choose one to be the Superintendent of the D.C. Public Schools. (Sec. 211) Terminates the Commission on September 30, 2016. Subtitle B: Charter Schools - Permits the District of Columbia to establish charter schools to improve the education of students and encourage community involvement in education. Defines a charter school as a nonsectarian elementary or secondary school that: (1) operates under a charter granted for five years by the Commission or the Board; (2) functions independently of the D.C. public schools as a local education agency; (3) is exempt from significant local rules that inhibit flexible operation and management; and (4) does not charge tuition (Sec. 214) Requires a petition for a public school charter to be a written proposed agreement between an eligible applicant seeking to establish a public charter school and the Commission or Board. Sets forth charter school selection criteria.
Bill· HRH.R. 2329 (104th)open
United States · United States Congress · 14 September 1995
Medicare Patient Choice Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations and competitive medical plans, among other things, to: (1) have a minimum 85 percent loss-ratio of benefits-to-premiums; (2) assure Medicare enrollees timely access to in-network primary and specialty health care providers and out-of-network providers as well; (3) establish a cost-sharing schedule for out-of-network services; (4) establish a grievance process with board of appeals hearings within 30 days of the filing of a complaint; and (5) provide each enrollee with an explanation of the enrollee's rights and a copy of the most recent consumer report card for the organization. Prohibits provider incentive plans that fail to meet specified criteria. Applies the same requirements to Medicare select policies.
Bill· SS. 1239 (104th)open
United States · United States Congress · 13 September 1995
TABLE OF CONTENTS: Title I: General Provisions Title II: Federal Aviation Administration Streamlining Programs Title III: System to Fund Certain Federal Aviation Administration Functions Air Traffic Management System Performance Improvement Act of 1995 - Title I: General Provisions - Amends Federal Aviation Act of 1958 to delineate the powers and duties of the Administrator of the Federal Aviation Administration (FAA) and the Secretary of Transportation with respect to the FAA. (Sec. 104) Authorizes the Administrator to issue, rescind, and revise regulations as necessary to carry out the FAA functions. Prohibits the Administrator, without prior approval of the Secretary, from issuing a proposed or final regulation that is significant or is likely to result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $50 million or more in any year. Excepts emergency regulations from such prohibition, but subjects them to rescission if the Secretary fails to ratify them. Requires the Administrator to review any unusually burdensome regulations, which would result in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25 million or more (adjusted annually for inflation) in any year. (Sec. 105) Authorizes the Administrator to utilize personnel of other Federal agencies. (Sec. 107) Amends Federal transportation law to revise FAA budget provisions to require the Administrator, after the first fiscal year in which the FAA is funded entirely by user fees, to prepare a budget for the FAA for each fiscal year. Directs the Secretary to review such budget, recommending modifications to it to ensure consistency with the needs of the national transportation system. (Sec. 110) Directs the Administrator to establish a select panel to review and report to the Congress regarding a limited innovative program to fund specific facilities and equipment projects, and to provide limited additional funding alternatives for airport capacity development. (Sec. 112) Directs the Administrator to establish the Federal Aviation Management Advisory Council which shall: (1) provide advice and counsel to the Administrator on issues which affect or are affected by the Administrator's operations; and (2) function as an oversight resource for management, policy, spending, and regulatory matters. (Sec. 113) Requires the Administrator, in order to protect the public health and welfare from aircraft engine emissions, to prescribe air pollutant emission standards for aircraft engines. Title II: Federal Aviation Administration Streamlining Programs - Directs the Administrator to develop an innovative program for air traffic control modernization using an acquisition management system for FAA procurement of goods and services. (Sec. 202) Requires the Administrator to terminate programs funded under the Facilities and Equipment account, and to consider the termination of substantial acquisitions, that fail meet specified established project criteria. (Sec. 203) Directs the Administrator to develop an innovative personnel management system for the management, compensation, and advancement of FAA employees. Title III: System to Fund Certain Federal Aviation Administration Functions - Directs the FAA to submit to the Congress a performance-based fee system for various FAA services. (Sec. 303) Directs the FAA to enter into an agreement with the Department of Defense (DOD) for the reimbursement to the FAA of the net cost of air traffic control services provided to DOD. (Sec. 304) Directs the FAA to submit to the Congress a proposed fee system for air traffic control services. (Sec. 306) Increases for FY 1998 and 1999 Airport and Airway Trust Fund spending caps for certain direct costs for air navigation facilities and joint air navigation services. (Sec. 307) Requires the multiyear appropriation of funds (not less than three years) for Trust Fund activities.
Bill· SS. 1238 (104th)referred
United States · United States Congress · 13 September 1995
TABLE OF CONTENTS: Title I: Choice Care Program Title II: Tax Provisions Relating to Choice Care Plans Medicare Improvement and Choice Care Provision Act - Title I: Choice Care Program - Amends title XVIII (Medicare) of the Social Security Act to outline a new Medicare part D (Choice Care) program involving Federal contracts with both private indemnity or fee-for-service plans and private managed or coordinated care plans (including health maintenance organizations and preferred provider organization plans). (Sec. 101) Requires the Secretary of Health and Human Services to make monthly advance payments to such a plan with respect to an individual enrollee of either a monthly choice care value amount (determined according to a specified formula) or of a monthly premium, whichever is less. Requires the Secretary to pay each eligible individual 75 percent of any excess over the plan premium of the weighted average of the choice care value amounts with respect to all individuals in a reimbursement area (rebate amounts), with the remainder of the excess amount deposited in the Federal Hospital Insurance Trust Fund. Authorizes the Secretary, after obtaining appropriate experience in operating the choice care program, to establish one or more demonstration projects to determine the choice care value amount through competitive bidding by choice care plans in reimbursement areas in which at least three such plans (including national indemnity plans) participate in the bidding. Title II: Tax Provisions Relating to Choice Care Plans - Amends the Internal Revenue Code to provide for: (1) Medicare medical savings accounts (MSAs) for income-excludible deposit of rebate amounts or equivalent cash deposits to cover the qualified medical expenses of individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance) for whose benefit the Medicare MSA is maintained; and (2) the tax treatment of Medicare MSAs, their distributions, and Medicare Choice Care program rebates not deposited in an MSA.
Bill· HRH.R. 2326 (104th)referred
United States · United States Congress · 13 September 1995
TABLE OF CONTENTS: Title I: Coordination of Federal Enforcement Title II: Revisions to Criminal Law Title III: Anti-Fraud Initiatives Under Medicare and Medicaid Health Care Fraud and Abuse Prevention Act of 1995 - Title I: Coordination of Federal Enforcement - Requires the Inspectors General of specified Federal agencies to conduct audits, investigations, inspections, and evaluations regarding the prevention, detection, and control of health care fraud and abuse. Requires the Inspector General and the Attorney General to establish a health care fraud and abuse program that takes into account the activities of Federal, State, and local law enforcement agencies, Federal and State health care provider licensing and certification agencies, and certain State agencies. (Sec. 102) Mandates State designation of State agencies that conduct, supervise, and coordinate such audits, investigations, inspections, and evaluations. Allows State designation of a State agency to act as a Health Care Fraud and Abuse Control Unit for purposes of this title. Sets forth Unit requirements. Requires annual payments to States. (Sec. 104) Establishes in the Treasury the Health Care Fraud and Abuse Control Account containing: (1) fines, penalties, damages, and the proceeds of seizures and forfeitures relating to the provision of health care items and services; and (2) gifts, bequests, and devises. Makes amounts available to the Inspector General and the Attorney General for expenses under specified provisions of this Act and reimbursements to other Inspectors General and Federal, State, and local agencies. (Sec. 105) Authorizes the acceptance, use, and disposal of gifts, bequests, or devises. (Sec. 106) Requires reimbursement: (1) to Federal agencies for the expenses of carrying out provisions of this title; and (2) subject to availability of funds, to State or local law enforcement agencies that participated directly in any activity that led to Account deposits. (Sec. 107) Establishes the Account Payments Advisory Board to make recommendations regarding the equitable allocation of amounts from the Account. (Sec. 108) Mandates establishment of a data base for the reporting of final adverse actions taken by a Government agency against health care providers, suppliers, practitioners, or benefit programs. Requires each Government agency to report such actions. Makes the information in the data base available to the public, Federal and State agencies, and benefit programs. Allows disclosure fees. Title II: Revisions to Criminal Law - Amends the Federal criminal code to define "Federal health care offense" to include violation of, or conspiracy or attempt to violate, specified provisions of: (1) that code; (2) the Social Security Act; (3) the Employee Retirement Income Security Act of 1974 (ERISA); (4) the Federal Food, Drug, and Cosmetic Act (FDCA); or (5) the Anti-Kickback Act of 1986. (Sec. 202) Mandates fines or imprisonment for (in connection with a health care benefit program) defrauding or attempting to defraud, theft or embezzlement, knowing and willful false statements, bribery, certain remunerations (including kickbacks and rebates), and obstruction of a criminal investigation of a health care offense. Authorizes civil actions, civil penalties, and injunctive relief for health care offenses. (Sec. 210) Authorizes the Attorney General and the Director of the Federal Bureau of Investigation to issue summonses. (Sec. 211) Authorizes disclosure of grand jury information for use in a civil investigation or proceeding related to a health care offense. (Sec. 212) Includes Federal health care offenses in: (1) the definition of "specified unlawful activity" for provisions relating to money laundering; and (2) provisions allowing additional penalties for telemarketing that victimizes or targets persons over the age of 55. Authorizes the interception of wire or oral communications in cases where the interception may provide evidence of health care bribery, illegal remunerations, or fraud. Adds references to health care bribery, theft, embezzlement, and fraud to the definition of "racketeering activity" for provisions relating to racketeer influenced and corrupt organizations (RICO). Mandates forfeiture of any property constituting or derived from a Federal health care offense. Allows a reward for information on a Federal health care offense. Title III: Anti-Fraud Initiatives Under Medicare and Medicaid - Amends the Social Security Act (SSA) to allow exclusion from participation in the Medicare and Medicaid programs (titles XVIII and XIX of the SSA) of an individual who has an ownership or control interest in, or who is an officer, director, agent, or managing employee of, an entity: (1) convicted of any offense under specified SSA mandatory or permissive exclusion provisions; (2) against which a civil penalty has been assessed under specified SSA provisions; or (3) that has been excluded from Medicare or Medicaid. Imposes civil fines on a person for presenting a claim for an item or service provided by the person's excluded employee or agent. Requires funds received as civil fines and assessments under certain SSA provisions and remaining after other dispositions (required by current law) to be deposited in the Health Care Fraud and Abuse Control Account established under this Act (currently, to be deposited as miscellaneous receipts in the Treasury). (Sec. 302) Provides for the modification of existing and the establishment of new safe harbors. (Sec. 303) Requires implementation of an initiative of December 1994 to expedite Medicare payment inherent reasonableness adjustments. (Sec. 304) Requires inclusion of information on waste, fraud, and abuse in Medicare information distributed under specified provisions. (Sec. 305) Mandates a system providing for a unique identifier for each individual or entity (currently, for each physician) who furnishes items or services for which Medicare payment may be made. (Sec. 306) Requires reimbursement from agencies or organizations that facilitate payment to Medicare providers, and from carriers used for the administration of Medicare benefits, for any amounts paid for a service while the provider is excluded from Medicare participation. Replaces provisions allowing payment to individuals eligible for benefits for services provided by excluded individuals or entities in certain circumstances with provisions prohibiting providers from billing or collecting for items or services provided while the provider is excluded. Makes the recipient not liable for payment of any bill submitted in violation and allows certain sanctions.
Bill· SS. 1233 (104th)referred
United States · United States Congress · 12 September 1995
Access to Emergency Medical Services Act of 1995 - Requires a health plan that provides any emergency services coverage to cover emergency services furnished to a plan enrollee without regard to: (1) whether the provider has an arrangement with the plan; and (2) prior authorization. Mandates prompt payment in a reasonable and appropriate amount and prohibits cost-sharing greater for hospital emergency services than for other settings. Requires specified measures relating to the timeliness of prior authorization determinations regarding needed care identified in initial evaluations. Prohibits plans from discouraging appropriate use of the 911 emergency telephone number or from denying coverage or payment for an item or service solely on the basis that an enrollee uses the number. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require health maintenance organizations, competitive medical plans, and managed care plans to meet the requirements of this paragraph. Allows State laws that provide protections exceeding those of this Act. Provides for civil money penalties for violations.