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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· HRH.R. 2503 (104th)referred
United States · United States Congress · 18 October 1995
Bank Insurance Regulation Act of 1995 - Amends Federal banking law (Revised Statutes) to declare that Federal banking statutes may not be construed as limiting or impairing the authority of any State to regulate the manner in which a national bank may engage in insurance activities pursuant to Federal statute within the State. Proscribes State discrimination against national banks: (1) in their functions of providing insurance as principal, agent or broker; or (2) with respect to licensing qualifications and procedures. Confines the provision of insurance by a national bank acting as principal, agent or broker, to specified Federal statutory parameters. States that Federal banking law may not be construed as affecting the authority of a national bank to act as insurance agent or broker consistent with State law. States that Federal banking law does not enable a State to deny to a national bank the authority to provide a product that a State bank is permitted to provide. Declares that it is not incidental to banking for a national bank to provide insurance as a principal, agent, or broker (thus removing most insurance activities from the supervision of the Comptroller of the Currency). Declares to be incidental to banking (thus subject to the Comptroller's supervision): (1) bank provision, as agent or broker, of any annuity contract whose interest is tax deductible; and (2) bank provision, as a principal, agent, or broker, of any type of insurance (other than annuity or title insurance) specifically determined by the Comptroller, before May 1995, to be incidental to banking with respect to national banks. Preserves the authority of a bank holding company to engage in insurance agency activities.
Bill· HRH.R. 2493 (104th)open
United States · United States Congress · 18 October 1995
Food for Peace Reauthorization Act of 1995 - Amends the Agricultural Trade Development and Assistance Act of 1954 (the Act) to express the sense of the Congress that: (1) the United States should maintain its role of world leadership in promoting food security and economic development in developing countries; and (2) the President should encourage other advanced nations to consider appropriate levels of food assistance to meet the needs of such countries. (Sec. 3) Amends the Act to authorize private entities (currently, only developing countries) to receive agricultural commodities under credit terms through a Federal program established by the President. (Sec. 4) Amends the Act to provide that trade and development assistance agreements entered into with private entities shall require such security to provide reasonable and adequate assurance of repayment of the credit financing so extended. States that a developing country with an agricultural market development plan shall be considered to have the potential to become a commercial market for competitively priced U.S. agricultural commodities. States that not more than 50 percent of the agricultural commodities sold under the Act during a fiscal year shall be granted priority because such deeming rule applies. Outlines requirements that must be contained within such a plan in order to be approved by the Secretary of Agriculture. (Sec. 5) Revises provisions with respect to agricultural commodity sales terms and conditions to: (1) remove the requirement that payments be made annually for a minimum of ten years (while retaining the 30 year maximum); and (2) limit the authorized period for deferral of such payments to five (currently, seven) years. (Sec. 7) Authorizes private entities and intergovernmental organizations (currently, only private voluntary organizations or cooperatives) to assist in establishing and administering agricultural trade and development assistance under the Act. Increases the general funding for such support program. Authorizes all such entities to carry out a program: (1) in a foreign country in which the Agency for International Development does not have a mission or office; or (2) that is not part of the developmental strategy prepared by such Agency for the country in which the program is carried out. (Sec. 10) Increases the minimum level of local sales authorized under the assistance program to 15 (currently ten) percent of the aggregate amount of all commodities distributed under non-emergency programs under the Act. (Sec. 11) Extends through FY 2002 the minimum authorized levels of agricultural commodities assistance under the Act. Requires at least 50 percent of the value added commodities shipped out under the Act that are whole grain commodities to be bagged in the United States. (Sec. 13) Revises the membership of the Food Aid Consultative Group. Extends the authorized existence of the Group through December 31, 2002. (Sec. 15) Prohibits any agricultural commodity from being available for disposition under the Act if such disposition would reduce the supply of such commodity below that needed to meet domestic requirements and provide adequate carryover, unless the Secretary determines that some part of the supply should be used to carry out urgent humanitarian purposes. (Sec. 19) Extends through FY 2002 the authorized period for agreements entered into by the Commodity Credit Corporation for agricultural commodity assistance under the Act. Repeals provisions requiring an independent biennial evaluation of programs provided through the Corporation. (Sec. 21) Allows the use of local currencies to meet costs under the farmer-to-farmer program. (Sec. 22) Extends through FY 2002: (1) the farmer-to-farmer program (with an increased level of funding); and (2) the Food for Progress program under the Food Security Act of 1985. (Sec. 24) Redesignates the Food Security Wheat Reserve Act of 1980 as the Food Security Commodity Reserve Act of 1995. Directs the Secretary to establish a reserve stock of wheat, rice, corn, or sorghum, or combination thereof, of no more than 4 million metric tons under the food security commodity reserve program (formerly the food security wheat reserve program). Revises provisions concerning such program with respect to: (1) reserve replenishment; (2) the release of eligible agricultural commodities to meet emergency assistance requirements; (3) the exchange of eligible commodities; (4) the treatment of commodity transportation and handling costs; (5) management of the reserve by the Secretary; (6) the treatment of the reserve under other laws; and (7) the reimbursement of the Corporation for expenses incurred in the release of eligible commodities. Extends the program through FY 2002.
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. 2487 (104th)referred
United States · United States Congress · 17 October 1995
Agricultural Extended Retirement Credit Act - Extends creditable service under the Civil Service Retirement System for periods of service in certain Federal-State cooperative programs which had agricultural or related purposes. Requires the Office of Personnel Management (OPM) to prescribe specific instructions to be followed by the Secretary of Agriculture in determining eligibility for extended credit for such periods of service, and by individuals in making application for such extended credit. Provides for appropriate annuity adjustments upon certification by the Secretary to the Office of Personnel Management (OPM) in response to annuitant applications. Provides for a limitation on replacement of retirees at the Department of Agriculture, except in certain circumstances. Prohibits the obligation or expenditure of any budget authority or outlays saved in any fiscal year by reason of implementation of this Act. Requires transfer to the Department's surplus fund of the savings resulting from the expedited retirement of those employees of the Department who have been extended such credit. Requires the surplus budget authority and outlays so transferred to be: (1) deposited by the Secretary in the Treasury to the credit of the Civil Service Retirement and Disability Fund, as a Government contribution; and (2) credited against pay and other personnel costs required to be sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Comptroller General to notify the Congress of each instance of noncompliance with such requirements. Directs the OPM Director to report to the Congress an evaluation of the extended credit retirement program and the limitation on replacement of retirees provided in this Act.
Law· SS. 1322 (104th)enacted
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
Bill· SS. 1323 (104th)referred
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
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· SS. 1318 (104th)open
United States · United States Congress · 12 October 1995
TABLE OF CONTENTS: Title I: Procurement Reforms Title II: Operational Reforms Title III: Employee Protection Reforms Title IV: Use of Railroad Facilities Title V: Financial Reforms Title VI: Miscellaneous Title VII: Authorization of Appropriations Title VIII: Amtrak Revenue Enhancement Title IX: Preservation of Rail Infrastructure Title X: Fiscal Revitalization AMTRAK and Local Rail Revitalization Act of 1995 - Title I: Procurement Reforms - Amends Federal transportation law to revise National Railroad Passenger Corporation (AMTRAK) contracting out provisions to require AMTRAK and its labor organizations to resolve the issue of under what conditions, if any, it may contract out work normally performed by an AMTRAK bargaining unit employee when such contracting out results in the layoff of such employees. (Currently, AMTRAK may not contract out such work if it will result in the layoff of AMTRAK bargaining unit employees.) Requires each of the parties to the negotiations to select a neutral person from the list of National Mediation Board arbitrators if they are unable to resolve the issue. Requires the Board to select an arbitrator if the parties fail to do so. (Sec. 102) Prohibits AMTRAK from submitting a bid for the performance of services under a contract for an amount less than the cost to it of performing such services (below-cost competition) with respect to any activity, except the provision of intercity rail passenger transportation, or mail or express transportation. Repeals general AMTRAK authority to maintain and rehabilitate rail passenger equipment, and the mandate to maintain a regional maintenance plan including specified components. Authorizes AMTRAK, with a specified exception, to enter into a contract with a motor carrier of passengers for the intercity transportation over regular routes only if certain requirements are met. (Sec. 103) Authorizes AMTRAK and motor carriers of passengers, subject to Interstate Commerce Commission review, to: (1) combine their respective services and facilities to the public as a means of increasing revenue; and (2) coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation. (Sec. 104) Establishes as some of the goals for AMTRAK: (1) management of its capital investment in such a way as to provide its customers with world class service; and (2) treatment of all passengers with respect, courtesy, and dignity. (Sec. 105) Provides that Federal employees shall be permitted to choose travel on AMTRAK for official business where total travel cost from office to office is competitive on a total trip or time basis. Title II: Operational Reforms - Directs AMTRAK to operate as a national rail passenger transportation system which provides access to all areas of the country and ties together existing and emergent regional rail passenger networks and other intermodal passenger service. (Sec. 201) Repeals AMTRAK's mandate: (1) to provide intercity rail passenger transportation within the basic system (unless such transportation is provided by specified others); and (2) to continue to carry out a specified plan to improve such transportation. Requires AMTRAK to give 180 days' notice (currently, 90 days) of its intention to discontinue rail service over a route to States, regional or local authorities, or other persons so that they will have an opportunity to agree to share or assume the cost of any part of the train, route, or service to be discontinued. Repeals AMTRAK's mandates for: (1) cost and performance reviews of AMTRAK routes in the basic system; and (2) provision of special commuter transportation. (Sec. 202) Repeals specified provisions regarding: (1) AMTRAK's mandate to increase mail and express transportation revenues, and its authority to provide auto-ferry transportation; (2) route and service criteria with respect to route discontinuances and route additions; (3) additional qualifying routes; (4) certain requests to AMTRAK by State, regional, or local authorities or other persons to provide rail passenger transportation or keep a train, route, or service that AMTRAK intends to discontinue; and (5) authority for the AMTRAK Commuter (thus abolishing it as an AMTRAK subsidiary). Declares that State and local laws that impair the provision of mail, express, and auto-ferry transportation shall not apply to AMTRAK or a rail carrier providing such services. (Sec. 206) Exempts certain commuter authorities from paying a tax or fee to the same extent that AMTRAK is exempt. Declares that such exemption shall not affect any trackage rights held by AMTRAK or Consolidated Rail Corporation (Conrail). (Sec. 207) Provides for the reimbursement of costs to commuter rail carriers that provide transportation over certain rights-of-way and facilities on the Northeast Corridor. Encourages AMTRAK to make agreements with the private sector and undertake initiatives that promote the potential privatization of its operations. (Sec. 208) Declares that a State shall have access to AMTRAK's records, accounts, and other necessary documents used to determine the amount of any State payment to AMTRAK. Title III: Employee Protection Reforms - Repeals certain requirements for fair and equitable employee protective arrangements in the event of a discontinuance of intercity rail passenger service. (Sec. 301) Entitles AMTRAK employees to protective benefits only if deprived of employment as a result of a discontinuance of intercity rail passenger service or other transaction creating an entitlement to such benefits. Limits the total amount of: (1) protective payments to no more than six months' pay; and (2) fringe benefits to no more than six months or the minimum period established by other Federal law for such benefits, whichever is longer. Amends the Northeast Rail Service Act of 1981 to declare that with respect to employees in any class or craft in train or engine service, Conrail shall have the right to furlough one such employee for each similar employee who moves from AMTRAK to Conrail in excess of the cumulative number of such employees who move from Conrail to AMTRAK. Title IV: Use of Railroad Facilities - Makes contracts between AMTRAK and its passengers, the Alaska Railroad and its passengers, or private railroad car operators and their passengers regarding claims for personal injury, death, or damage to property in connection with the provision of rail transportation enforceable if: (1) punitive or exemplary damages, where permitted, are not limited to less than two times compensatory damages awarded to any claimant, or $250,000, whichever is greater; (2) passengers are provided adequate notice of any contractual limitation or waiver or choice of forum; and (3) passengers are given an opportunity to purchase supplemental insurance coverage when a ticket is purchased or at point of departure. Title V: Financial Reforms - Directs AMTRAK to prepare a financial plan to operate within specified funding levels, including budgetary goals for FY 1995 through 1997. Requires AMTRAK within five years after enactment of this Act to operate without the need for Federal operating grant funds. (Sec. 502) Requires the AMTRAK Reform Council, within three years after enactment of this Act, to review AMTRAK's progress under its plan to maximize its revenues and minimize Government subsidies, and determine on the basis of such plan the likelihood that it will not need such Federal grants. Requires the Secretary of Transportation and AMTRAK, at the end of three years, unless the Congress disapproves, to: (1) implement a plan for the continued operation of AMTRAK if the Council finds that AMTRAK has met its stated financial goals; or (2) implement the sunset plan if the Council finds AMTRAK has not met such goals. (Sec. 503) Makes certain funds appropriated for the Northeast Corridor Improvement Project available to AMTRAK for the Northeast Corridor Improvement Program. (Sec. 504) Relieves AMTRAK from excess tax liability with respect to the payment of retirement and unemployment insurance benefits to its employees. Authorizes appropriations. (Sec. 507) Exempts AMTRAK (and AMTRAK subsidiary) passengers and customers from any fee, head charge, or other charge imposed by a State or local taxing authority directly or indirectly on any persons traveling in intercity rail passenger transportation or mail or express transportation provided by AMTRAK or a rail carrier subsidiary of AMTRAK, or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived from such activities, from any fee, head charge, or other charge imposed by a State or local taxing authority. Title VI: Miscellaneous - Establishes the AMTRAK Reform Council to: (1) evaluate, and report to the Congress on, AMTRAK's performance; (2) suggest strategies for further cost containment and productivity improvements, including strategies for further reduction in Federal operating subsidies; (3) consider the merits and service implications of the partial or complete privatization of AMTRAK's operations; and (4) develop, and submit to the Congress, plans for the continuation without Federal operational support or liquidation of AMTRAK, as the case may be, five years after enactment of this Act. (Sec. 604) Extends from October 15, 1996, to October 15, 2001, the deadline for retrofitting of certain intercity rail passenger cars with human waste disposal systems that provide for waste discharge at a servicing facility only. (Sec. 605) Repeals the authority or mandate for: (1) assistance for upgrading rail facilities that pose a hazard; (2) the rail safety system program; (3) a plan for demonstrating new technology in rail passenger equipment; and (4) a program master plan for a Boston-New York main line. (Sec. 610) Declares that AMTRAK shall not be subject to certain requirements under the Americans With Disabilities Act of 1990 until January 1, 1998, and October 15, 2001, respectively. (Sec. 612) Amends the Northeast Rail Service Act of 1981 to repeal the mandate for determination of a costing methodology with respect to certain Northeast Corridor cost disputes. (Sec. 614) Amends the Conrail Privatization Act to repeal a specified provision regarding composition of the Board of Directors of the Consolidated Rail Corporation. (Sec. 615) Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service, including high speed rail service, to enter into interstate compacts to promote such service. Title VII: Authorization of Appropriations - Amends Federal transportation law to authorize appropriations for AMTRAK for: (1) capital expenditures, operating expenses, and certain mandatory payments; and (2) guarantee of obligations to improve railroad facilities or equipment. (Sec. 701) Repeals the current authorization of appropriations for specific projects under the Northeast Corridor Improvement Program, as well as the general authorization for deferment of certain program projects in order to carry out others. Title VIII: AMTRAK Revenue Enhancement - Establishes an Intercity Rail Passenger Account to: (1) acquire passenger equipment and locomotives; and (2) encourage State and local investment in facilities and equipment used to provide intercity rail passenger service. (Sec. 802) Requires the Union Station Redevelopment Corporation, in lieu of payments to the Secretary for loan repayments, to make an equal payment into a capital reserve account to maintain Washington Union Station in a state of good repair. (Sec. 803) Authorizes AMTRAK to increase non-Federal revenues through specified sources. Authorizes AMTRAK to sell electric energy in excess of its needs to any purchaser, including electric utilities, to increase its revenues or decrease its costs. Title IX: Preservation of Rail Infrastructure - Rail Infrastructure Preservation Act of 1995 - Authorizes appropriations for local rail freight assistance. (Sec. 903) Authorizes the Secretary to declare that a disaster has occurred and that Federal funding is necessary to repair and rebuild rail lines damaged by it. Prohibits such assistance unless emergency disaster relief funds are appropriated for such purpose. (Sec. 904) Makes the following activities eligible for local rail freight assistance: (1) the costs of closing or improving a railroad grade crossing or series of railroad grade crossings; and (2) the costs of creating a State-supervised grain car pool. (Sec. 905) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to declare that it is the purpose of the Congress to promote the revitalization of the railway system through, among other things, preservation of light density lines. (Sec. 906) Revises interest rate, repayment, and prepayment penalty requirements with respect to guaranteed railroad improvement loans. Title X: Fiscal Revitalization - Amends the Internal Revenue Code to exclude from gross income payments received by a railroad as an incentive for the on-time operation of intercity passenger trains. (Sec. 1002) Directs the Secretary of the Treasury to pay (without interest) to the Intercity Rail Passenger Account the amount of excise taxes paid by AMTRAK on fuel used in the operation of intercity passenger trains. (Sec. 1003) Directs the Secretary of the Treasury to transfer from the Mass Transit Account the intercity rail passenger portion of fuel and transportation taxes paid by AMTRAK to the Intercity Rail Passenger Account. (Sec. 1004) Provides for an accelerated cost recovery (depreciation deduction) for certain leased property used in the provision of intercity rail passenger service if certain requirements are met. (Sec. 1005) Treats intercity rail passenger bonds as non- tax- exempt State or local bonds.
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· HRH.R. 2474 (104th)referred
United States · United States Congress · 12 October 1995
Amends the Internal Revenue Code to extend for two years the credit and other incentives for the use of alcohol as a fuel.
Bill· SS. 1313 (104th)referred
United States · United States Congress · 11 October 1995
Amends the Internal Revenue Code to allow Indian tribal governments to maintain section 401(k) plans for their employees.
Bill· SS. 1312 (104th)referred
United States · United States Congress · 11 October 1995
Middle Class Education Opportunity Act of 1995 - Amends the Internal Revenue Code to allow an individual a deduction for the amount of qualified higher education expenses paid by the individual. Limits the amount allowed to $5,000. Provides for a limitation based on modified adjusted gross income and other limitations.
Bill· SS. 1310 (104th)referred
United States · United States Congress · 11 October 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: IRA Deduction Subtitle B: Nondeductible Tax-Free IRA's Title II: Penalty-Free Distributions Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: IRA Deduction - Amends the Internal Revenue Code to double the Individual Retirement Account (IRA) applicable dollar amount. Provides for cost-of-living adjustments beginning after 1996. Subtitle B: Nondeductible Tax-Free IRA's - Directs that a special individual retirement account be treated in the same manner as an individual retirement plan. Prohibits a deduction for a contribution to a special individual retirement account. Imposes a contribution limit. Prohibits a rollover contribution to such account unless it is a qualified transfer. Exempts from the contribution limit a qualified transfer to the account. Excludes distributions from a special individual retirement account from being included in the gross income of the distributee, with the exception of contributions held for less than five years which, in addition to being included in gross income, shall be subject to an early withdrawal penalty. Title II: Penalty-Free Distributions - Exempts distributions from the early withdrawal penalty if used for: (1) a first home purchase; (2) qualified higher educational expenses; or (3) qualified medical expenses.
Bill· HRH.R. 2470 (104th)referred
United States · United States Congress · 11 October 1995
Second Amendment Reaffirmation Act of 1995 - Repeals: (1) the Brady Handgun Violence Prevention Act; and (2) the Assault Weapon Manufacturing Strict Liability Act of 1990 (D.C. Act 8-289). Amends the Firearms Owners' Protection Act (the Act) to: (1) provide that, where discontinuance of a firearms or ammunition business is to be absolute, the records required to be kept shall be delivered within 30 days after such discontinuance to another Federal firearms licensee; and (2) make provisions regarding the award of attorney's fees to the prevailing party, including when the court finds that the action was without foundation or initiated in bad faith, applicable to certain actions and proceedings under Internal Revenue Code (IRC) provisions concerning excise taxes for machine guns, destructive devices, and certain other firearms, including a proceeding before an administrative law judge. Authorizes: (1) any person aggrieved by the violation of a civil or constitutional right in connection with the lawful possession or use of a firearm by the U.S. Government, any official or employee thereof, or the government of any State or subdivision or official or employee thereof to bring an action for actual and punitive damages in the Federal district court in which such person resides or transacts business; and (2) the court to award a prevailing plaintiff, other than the Government, reasonable attorneys' fees and costs. Bars: (1) the application of any legal provision or any State or local statute enacted to regulate the level of any pollutant from being applied to the sale, transportation, possession, importation, or use of any firearm or ammunition; and (2) any officer or employee of the Bureau of Alcohol, Tobacco, and Firearms (BATF) from undertaking any investigation of a single individual, organization, or business which will reasonably require expenditures in excess of $4,000, or any investigation in consultation or cooperation with the Internal Revenue Service, without prior written approval by the Deputy Secretary of the Treasury. Sets penalties for violations. Prohibits any U.S. officer, agent, or employee from listing, recording, copying, or computerizing the names of firearm owners (other than those required to be maintained under the IRC), transferring information concerning the identities of firearms owners to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, or participating in the establishment of any system of registration of firearms, firearms owners, or firearms transactions or dispositions. Requires that any such list, record, copy, computerization, facility, or system that would have violated this Act had it been created or expanded following the effective date of this Act be destroyed. Creates a cause of action for persons aggrieved by the violation of any civil or constitutional right in connection with a violation of the Act by the Government for actual and punitive damages, including the award of reasonable attorney's fees and costs to a prevailing plaintiff other than the Federal, a State, or local government.
Bill· HRH.R. 2461 (104th)referred
United States · United States Congress · 11 October 1995
Unemployment Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the requirement to include unemployment compensation in gross income and the provision concerning the voluntary withholding on unemployment benefits.
Bill· SS. 1305 (104th)referred
United States · United States Congress · 10 October 1995
Indian Tribal Government Unemployment Compensation Act Tax Relief Amendment of 1995 - Amends the Internal Revenue Code to treat, for unemployment compensation tax purposes, employment by federally recognized tribal governments in the same manner as employment by State or local units of government or nonprofit organizations.
Bill· SS. 1307 (104th)referred
United States · United States Congress · 10 October 1995
Treatment of Indian Tribal Natural Resource Income Act of 1995 - Amends the Internal Revenue Code to exempt from Federal income tax income derived from a natural resources-related activity by Indians or a qualified Indian entity. Prohibits a tax on remuneration paid for services performed in a natural resources-related activity by one member of a tribe for another member of such tribe. Defines natural resources-related activity and qualified Indian entity.
Bill· SS. 1303 (104th)referred
United States · United States Congress · 10 October 1995
Indian Reservation Jobs and Investment Act of 1995 - Amends the Internal Revenue Code to allow an Indian reservation investment credit based on specified amounts. Includes qualified personal property and qualified real property used or located outside an Indian reservation which is connected to existing tribal infrastructure in the reservation, including roads, power lines, water systems, railroad spurs, and communication facilities as a reservation infrastructure investment. Limits the credit based on the Indian unemployment rate. Provides for recapture of the credit in certain cases.
Bill· SS. 1299 (104th)referred
United States · United States Congress · 10 October 1995
TABLE OF CONTENTS: Title I: Taxpayer Bill of Rights 2 Subtitle A: Taxpayer Advocate Subtitle B: Modifications to Installment Agreement Provisions Subtitle C: Interest Subtitle D: Joint Returns Subtitle E: Collection Activities Subtitle F: Information Returns Subtitle G: Modifications to Penalty for Failure to Collect and Pay Over Tax Subtitle H: Awarding of Costs and Certain Fees Subtitle I: Other Provisions Subtitle J: Form Modifications; Studies Title II: Increase of Deduction for Health Insurance Costs of Self-Employed Individuals Title III: S Corporation Reform Act of 1995 Subtitle A: Eligible Shareholders of S Corporation Subtitle B: Qualification and Eligibility Requirements for S Corporations Subtitle C: Taxation of S Corporation Shareholders Subtitle D: Effective Date Title IV: Pension Simplification Subtitle A: Simplification of Nondiscrimination Provisions Subtitle B: Targeted Access to Pension Plans for Small Employers Title V: Estate Tax Exclusion for Family-Owned Business Title VI: Spending Reductions Bringing Opportunity to Our Small Business and Taxpayers (BOOST) Act - Title I: Taxpayer Bill of Rights 2 - Taxpayer Bill of Rights 2 - Subtitle A: Taxpayer Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayer Advocate, headed by the Taxpayer Advocate, to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. (Sec. 1011) Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayer Advocate. Replaces the Office of the Ombudsman with the Office of the Taxpayer Advocate. (Sec. 1012) Revises the terms of a Taxpayer Assistance Order to: (1) allow the Order to require the Secretary of the Treasury to act within a specified time period; and (2) require the Secretary to take certain actions (currently, only to cease or refrain from taking certain actions). Subtitle B: Modifications to Installment Agreement Provisions - Grants certain taxpayers the right to an installment agreement for the payment of tax liability less than $10,000. (Sec. 1022) Suspends any penalties during the period the installment agreement is in effect. (Sec. 1023) Requires prior notification, with explanation, to taxpayers before termination of an installment agreement to pay a tax liability, or before denial of a taxpayer request for such an agreement. (Sec. 1024) Provides for administrative review of denials of requests for, or terminations of, installment agreements. Subtitle C: Interest - Limits to unreasonable error only the Secretary of the Treasury's authority to abate interest in the case of an assessment due on deficiencies attributable to errors of an Internal Revenue Service (IRS) officer or employee. Repeals the Secretary's authority to abate interest on deficiencies attributable to errors or delays in IRS performance of a ministerial act. Mandates abatement of interest in such circumstances for certain parties prevailing in tax actions against the United States, including a party with a net worth of less than $2 million. (Sec. 1032) Extends from ten to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Subtitle D: Joint Returns - Allows an individual no longer married to or residing in the same household as another individual with whom the first has filed a joint tax return to request disclosure of any attempts to collect deficiencies from the other joint filer. (Sec. 1042) Repeals the requirement that a joint return filed by eligible individuals after the filing of separate returns be accompanied or preceded by full payment of the tax shown upon such joint return. Subtitle E: Collection Activities - Authorizes the Secretary, in certain circumstances, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary to provide a copy of such notice of withdrawal to the taxpayer and, at the taxpayer's request, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. (Sec. 1053) Requires prior notification, with certain exceptions, to the taxpayer that the taxpayer is under examination and an explanation of the process. (Sec. 1054) Increases from $100,000 to $1 million the dollar limit on the recovery of civil damages for unauthorized collection actions. (Sec. 1055) Revises standard of review and notice requirements for issuance with respect to a designated summons. Subtitle F: Information Returns - Requires payee statements to provide the phone number of the person providing such statements. (Sec. 1062) Establishes civil damages for the fraudulent filing of information returns. (Sec. 1063) Places the burden of proof about such income upon the Secretary, in any court proceeding where a taxpayer asserts a reasonable dispute with respect to income reported on an information return filed by a third party, unless the Secretary has conducted a reasonable investigation to corroborate the information return's accuracy. Subtitle G: Modifications to Penalty for Failure to Collect and Pay Over Tax - Establishes preliminary notice requirements with respect to penalties for failure to collect and pay over tax, or attempt to evade or defeat tax. (Sec. 1072) Directs the Secretary to: (1) disclose certain information, upon request, to liable persons where more than one person is liable for such a penalty; and (2) ensure that IRS employees are aware of their responsibilities under the tax depository system, the circumstances under which they may be liable for such penalties, and their responsibility to report promptly any violations subject to such penalties. (Sec. 1073) Exempts from such penalties unpaid, volunteer board members of tax-exempt organizations whose role is honorary, who do not participate in the organization's daily operations, and who do not have actual knowledge of the failure on which such penalties are imposed. Subtitle H: Awarding of Costs and Certain Fees - Authorizes a taxpayer who substantially prevails on a claim to file a motion for an order requiring the disclosure of all information and copies of relevant records in the possession of the IRS regarding such taxpayer's case and the substantial justification for the position taken by the IRS. (Sec. 1082) Increases the limit on attorney's fees. (Sec. 1083) Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Subtitle I: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. (Sec. 1092) Sets forth provisions regarding: (1) treatment of substitute returns prepared by the Secretary with respect to penalties for a taxpayer's failure to file a tax return or to pay tax; (2) prospective application only of Treasury Department regulations; and (3) a required notice to the taxpayer of payments that the Secretary cannot associate with any outstanding tax liability of the taxpayer. (Sec. 1095) Authorizes a taxpayer to bring a civil damage suit against the United States if any U.S. officer or employee intentionally compromises the determination or collection of any tax due from an attorney, certified public accountant (CPA), or enrolled agent representing a taxpayer in exchange for information conveyed by the taxpayer for purposes of obtaining advice concerning tax liability (unauthorized enticement of information disclosure), except where conveyed for the purpose of perpetrating a fraud or crime. Subtitle J: Form Modifications; Studies - Chapter 1: Form Modifications - Directs the Secretary to: (1) take steps to ensure that taxpayers are aware of provisions of the Internal Revenue Code permitting payment of tax in installments, extensions, and compromises of tax liability; (2) provide improved procedures for taxpayers to notify the Secretary of changes in names and addresses; and (3) include in the IRS publication entitled "Your Rights As a Taxpayer" a section on the rights and responsibilities of divorced individuals. Chapter 2: Studies - Directs the Secretary to: (1) establish a one-year pilot program for appeals of certain enforcement actions to the Appeals Division of the IRS; (2) study ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with the internal revenue laws; and (3) report to the congressional tax-writing committees on the IRS's taxpayer-rights education program and on all cases involving complaints about misconduct of IRS employees. (Sec. 1115) Requires the Comptroller General to conduct: (1) a study on IRS efforts to notify taxpayers of tax deficiencies; and (2) annual studies of the accuracy of 25 of the most commonly used IRS forms, notices, and publications. Title II: Increase of Deduction for Health Insurance Costs of Self-Employed Individuals - Revises the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent; and (2) increase the applicable percentage of deduction from 25 percent to 100 percent by 1997. Title III: S Corporation Reform Act of 1995 - S Corporation Reform Act of 1995 - Subtitle A: Eligible Shareholders of S Corporation - Chapter 1: Number of Shareholders - Increases from 35 to 50 the maximum number of shareholders of an S corporation (electing small business corporation). Allows members of a family to be treated as one shareholder. Chapter 2: Persons Allowed as Shareholders - Allows the following entities to be shareholders of S corporations: (1) certain tax-exempt organizations, including qualified pension, profit-sharing, and stock bonus plans; (2) nonresident aliens; and (3) certain small business trusts. Chapter 3: Other Provisions - Extends from 60 days to two years the post-death qualification for certain trusts to be permitted as shareholders. Subtitle B: Qualification and Eligibility Requirements for S Corporations - Chapter 1: One Class of Stock - Allows an S corporation to issue qualified preferred stock. (Sec. 3202) Permits financial institutions to hold safe harbor debt. Chapter 2: Elections and Terminations - Revises the rules on inadvertent terminations by certain trusts of the election to be an S corporation. Authorizes the Secretary of the Treasury to treat certain late elections as timely and to provide an automatic waiver procedure for certain inadvertent terminations. (Sec. 3213) Expands the post-termination transition period until 120 days after a determination is made that the election had terminated in a prior year. (Sec. 3214) Repeals the characterization of excessive passive investment income as a termination event. Increases the tax imposed on such excessive income. Chapter 3: Other Provisions - Permits an S corporation to wholly own the stock of a subsidiary. (Sec. 3222) Provides for the treatment of distributions during loss years. (Sec. 3223) Provides for a consent dividend for S corporation elections to by-pass amounts in the accumulated adjustments account when making distributions. (Sec. 3224) Eliminates the rule treating an S corporation as an individual in its capacity as shareholder of another corporation for purposes of subchapter C. (Sec. 3225) Reduces an S corporation accumulate earnings and profits by the amount of its pre-1983 earnings and profits, if it was an S corporation for any taxable year beginning before January 1, 1983, and is so characterized for its first taxable year after December 31, 1995. (Sec. 3226) Allows S corporations to make charitable contributions of inventory and scientific property. (Sec. 3227) Repeals the requirement that partnership rules apply for fringe benefit purposes (thus making C corporation rules applicable). Applies to two-percent shareholders of S corporations the rules regarding deduction of health insurance costs of self-employed individuals. Subtitle C: Taxation of S Corporation Shareholders - Applies the exemption from the excise tax on pension plan prohibited transactions to plans providing benefits for S corporation shareholder-employees (as defined before the effective date of the Subchapter S Revision Act of 1982). (Sec. 3302) Treats losses on liquidations of S corporations as ordinary to the extent the loss does not exceed the ordinary income basis of S corporation stock in the shareholder's hands. Subtitle D: Effective Date - Makes this Act effective for taxable years beginning after December 31, 1995. Title IV: Pension Simplification - Pension Simplification Act of 1995 - Subtitle A: Simplification of Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, and related purposes. Makes such an employee one who is a five-percent owner, has compensation from the employer in excess of $80,000 (currently, $75,000, or in some instances $50,000), or was the most highly compensated officer of the employer. Provides a special rule where no employees meet those criteria. Defines "participant's compensation" and "compensation" for purposes of specified provisions. Subtitle B: Targeted Access to Pension Plans for Small Employers - Allows a current year business credit for small employer pension plan qualified start-up costs. (Sec. 4012) Modifies certain simplified employee pensions with respect to allowable participants and participation requirements. (Sec. 4013) Prohibits treating a plan as a top-heavy plan if the employer has no highly compensated employees by reason of specified provisions. (Sec. 4014) Prohibits any proposed regulation relating to qualified pension plans from taking effect unless it includes provisions to address the special needs of small employers. Title V: Estate Tax Exclusion for Family-Owned Business - American Family-Owned Business Act - Excludes from the gross estate specified portions of the adjusted value of the qualified family-owned business interests of the decedent. Title VI: Spending Reductions - Spending Reductions Act of 1995 - Limits spending in FY 1996 to: (1) $105 billion for service contracts; (2) $1 billion for federally funded research and development centers at the Department of Defense; and (3) $3.5 billion for the foreign military financing program.
Bill· SS. 1304 (104th)referred
United States · United States Congress · 10 October 1995
Indian Tribal Government Pension Tax Relief Amendments of 1995 - Provides for the treatment of an Indian tribal government or related entity as a tax-exempt organization-employer under section 403(b) of the Internal Revenue Code (thus making distributions from an annuity purchased for an employee of such employer tax free).
Bill· SS. 1306 (104th)referred
United States · United States Congress · 10 October 1995
Tribal Government Tax-Exempt Bond Authority Amendments Act of 1995 - Amends the Internal Revenue Code to permit the issuance of tax- exempt bonds by an Indian tribal government if at least 95 percent of the net proceeds are used to finance tribal facilities. Provides for the tax-exempt treatment of any private activity bond issued by an Indian tribal government or subdivision as a qualified bond. Prescribes specific ownership restrictions and an employment test. Exempts from the exclusion any bond issued by such tribal government or subdivision unless it is federally guaranteed. Amends the Securities Act of 1933 to exempt obligations issued by an Indian tribal government or subdivision from registration requirements.
Bill· SS. 1300 (104th)referred
United States · United States Congress · 10 October 1995
Distilled Spirits Tax Payment Simplification Act of 1995 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits between bonded premises and between importation and bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises.
Bill· HRH.R. 2455 (104th)referred
United States · United States Congress · 10 October 1995
Frequent Flyer Act of 1995 - Amends the Congressional Accountability Act of 1995 to: (1) require that travel awards accrued by reason of official travel by a Member, officer, or employee of the Senate or the House of Representatives (current law applies to only the Senate) be used only for official travel; and (2) allow a Member of Congress to transfer such a travel award to a nonprofit tax-exempt organization. Expresses the sense of the Congress that commercial airlines should provide that travel awards are transferable in a manner consistent with this Act.
Bill· HRH.R. 2452 (104th)referred
United States · United States Congress · 10 October 1995
Amends the Internal Revenue Code to: (1) prohibit applying certain provisions concerning the maximum amount which may be deferred under deferred compensation plans of State and local governments and tax-exempt organizations to any qualified excess benefit arrangement of a qualified medical entity; and (2) exclude benefits provided under such an arrangement from being used to determine whether any other plan is an eligible deferred compensation plan and the amount which may be deferred under such other plan. Exempts plans maintained by tax-exempt qualified medical entities from the reduction of the limit under such provisions for other elective deferrals. Limits the maximum amount of compensation of any one participant which may be deferred under a qualified excess benefit arrangement to an amount not to exceed the lesser of: (1) $25,000; or (2) 33 and one-third percent of the participant's includible compensation. Defines "qualified excess benefit arrangement."
Bill· SS. 1285 (104th)open
United States · United States Congress · 29 September 1995
TABLE OF CONTENTS: Title I: Community Participation Title II: State Role Title III: Voluntary Cleanup Title IV: Selection of Remedial Actions Title V: Liability Allocations Title VI: Federal Facilities Title VII: Natural Resource Damages Title VIII: Miscellaneous Title IX: Funding Accelerated Cleanup and Environmental Restoration Act of 1995 - Title I: Community Participation - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to direct the Administrator of the Environmental Protection Agency (EPA) to establish Community Response Organizations (CROs) to solicit views on issues affecting remedial action plans. Authorizes technical assistance grants to citizen groups of two or more who may be affected by the release or threatened release of a hazardous substance, pollutant, or contaminant on the State registry or National Priorities List (NPL). Adds provisions designed to improve public participation in the Superfund decisionmaking process and requiring the Administrator to consider community remedial action alternatives in the same manner as alternatives proposed by potentially responsible parties. Title II: State Role - Amends CERCLA to add provisions requiring the Administrator, upon application by a State, to delegate authority to perform functions (including risk analysis, remedy selection, remedial design, remedial operation, allocation of liability, and enforcement) with respect to one or more non-Federal listed facilities in the State. Prescribes application and performance procedures. Provides for the removal of delegated facilities from the NPL and the deposit of recovered costs in the Hazardous Substances Superfund. Directs the Administrator to provide grants to States to carry out delegated functions. Title III: Voluntary Cleanup - Adds new provisions to CERCLA requiring the Administrator to provide technical and other assistance to States to establish and expand qualifying State voluntary response programs, including oversight and enforcement programs. (Sec. 302) Defines "brownfield facility" to mean a parcel of land containing abandoned or underused commercial or industrial property, the expansion or redevelopment of which is complicated by the presence or potential presence of a hazardous substance. Excludes from the definition seven specific categories of facilities, including: NPL facilities, facilities under administrative or judicial cleanup orders, and U.S.-owned facilities. Directs the Administrator to establish a program to provide interest-free loans of up to $200,000 to local government entities and Indian tribes for site characterization and assessment of brownfield facilities. Prescribes loan ranking and application procedures. (Sec. 303) Amends CERCLA's definition of "owner or operator" for purposes of determining cleanup liability to exclude persons not participating in facility management who hold an indicium of ownership primarily to protect a security interest. Adds a definition of "fiduciary" and limits fiduciary liability. Delimits liability of lenders. (Sec. 304) Amends the Federal Deposit Insurance Act to provide that, with specific exceptions, a Federal banking or lending agency shall not be liable under any law imposing strict liability for the release or threatened release of a hazardous substance from a facility acquired through receivership or conservatorship, through a loan or financial assistance, or in connection with a civil or criminal proceeding or administrative enforcement action. Prescribes rules of construction. (Sec. 305) Adds to CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site. (Sec. 306) Limits liability of bona fide prospective purchasers so long as they do not impede response actions or natural resource restoration. (Sec. 307) Requires that the standards developed by the American Society for Testing and Materials (ASTM) be used to determine innocent landholder status. Title IV: Selection of Remedial Actions - Amends CERCLA to add definitions of "actual or planned or reasonably anticipated future use of the land and water resources," "significant ecosystem," and other terms. (Sec. 402) Establishes revised procedures for selection and implementation of remedial actions. Requires selection of the most cost-effective means of achieving the goals of protecting human health and the environment, using specified criteria and allowing for technical impracticability and unreasonable cost. States that a remedial action shall not be required to attain any standard that would be legally applicable under any other Federal or State law except in cases involving the transfer of hazardous waste off-site. (Sec. 403) Adds new provisions regarding the use and requirements of facility-specific risk evaluations. Requires EPA to issue regulations that promote a realistic characterization of risk that neither minimizes nor exaggerates the risks and potential risks posed by a facility or a proposed remedial action. (Sec. 404) Establishes procedures, in lieu of any other law, for conducting remedial investigations, feasibility studies, records of decisions, remedial designs, and remedial actions. (Sec. 405) Prescribes procedures and time frames for final EPA notice of completion of remedial action and delisting of a facility. Provides for release from further liability for facilities available for unrestricted use. Requires seven-year reviews by EPA of facilities not available for unrestricted use. (Sec. 406) Sets forth transition rules for facilities involved in remedy selection on the date of enactment of this Act. (Sec. 408) Revises the National Contingency Plan to prohibit the Administrator, when listing a site on the NPL, from including property at which no release has occurred but to which a contaminant had migrated in groundwater. Title V: Liability Allocations - Adds new provisions allocating liability for multiparty facilities. Differentiates mandatory, requested, and permissive allocations. Prescribes allocation process procedures, including time frames, selections of allocators, reports, orphan shares, and de minimis settlements. (Sec. 502) Excludes response action contractors from the definition of "owner or operator." Amends the national uniform negligence standards. Revises procedures governing EPA decisions to indemnify response action contractors. Limits actions against response action contractors. (Sec. 503) Requires nonconfidential CERCLA records and reports to be released within 14 days after the information is obtained. (Current law provides no time limit for public availability.) (Sec. 505) Adds provisions which include religious, charitable, scientific, and educational organizations as owner-operators. Limits the liability of such organizations. (Sec. 506) Adds provisions limiting the liability of railroad owners or operators of spur tracks. Title VI: Federal Facilities - Amends CERCLA to revise provisions governing the transfer of authorities vested in the Administrator to allow States to apply to exercise such authorities at any U.S. facility located in the State. Prescribes procedures governing such transfers. (Sec. 602) Directs the Secretary of Energy, after providing Federal, State, and local agencies notice and opportunity for comment, to submit to the President annual lists identifying the Department of Energy (DOE) environmental cleanup requirements that cannot be met within the Department's budget request for environmental management activities. Requires inclusion of such information in the President's annual budget request. Allows for one list revision following appropriations funding. States that, with specified exceptions, no action seeking to impose civil or criminal sanctions under any law may be commenced against the United States, its employees, or DOE contractors with respect to failure to comply with DOE environmental cleanup requirements by reason of lack of funds appropriated specifically for such purposes during a fiscal year for which such cleanup requirement was on the list. (Sec. 603) Amends CERCLA to add provisions allowing the President to designate Federal facilities listed on, or proposed for listing on, the NPL to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. (Sec. 604) Amends provisions governing assessment and evaluation of Federal facility listings: (1) to allow notice of uncontaminated parcels; and (2) to include as a factor in determining priorities the extent to which the Federal land holding agency has arranged with the Administrator or a State to respond. Title VII: Natural Resource Damages - Amend CERCLA's definition of "natural resource" to add language that the resource is committed for use by the general public. States that a resource shall be considered to be committed for use by the general public only if, at the time of the act of disposal giving rise to liability, the resource is subject to a public use or to a planned public use, for which there is an authorized and documented legal, administrative, budgetary, or financial commitment. Adds definitions for "baseline," "compensatory restoration," and other terms. Revises provisions governing liability for costs and damages for release, or threatened release, of a hazardous substance, to limit recovery to the restoration of baseline ecological services. Requires that recovered sums shall be used for restoration. (Previous law provided for use to restore, replace, or acquire the equivalent.) Revises the measure of damages to provide that damages shall be limited to the reasonable costs of restoration and of assessing damages, disallowing recovery under CERCLA for impairments of non-use values. Prohibits double recoveries. Prohibits recovery of costs of compensatory restoration for a natural resource injury, destruction, or loss that occurred prior to December 11, 1980. Limits recovery for the costs of primary restoration. Requires selection of the most cost-effective method of achieving restoration. Sets dollar amount limitations on the aggregate liability of all parties for costs of compensatory restoration. Eliminates the rebuttable presumption and imposes revised methods of damage assessment, requiring district courts to try de novo the issue of defendant liability and the issue of the amount of liability. Requires, on judicial review of claims challenging trustee decisions, that the court hold unlawful and set aside actions, findings, and conclusions found to be unsupported by substantial evidence. Revises procedures governing the issuance of regulations for damage assessments, requiring that regulations identify, specify, and take into consideration four specific elements, including the ability of a natural resource to recover naturally and the availability of replacement or alternative resources. Requires biennial review of such regulation. Prohibits the Administrator from selecting a remedial action that goes beyond the measures necessary to protect human health and the baseline ecological services of the environment. Prohibits the imposition of liability for natural resource injuries resulting from a response action or remedial action selected by the Administrator. Revises CERCLA statutes of limitations. Title VIII: Miscellaneous - Revises National Contingency Plan guidelines for the National Hazardous Substances Response Plan to add procedures governing the conduct of response evaluations, including a requirement that such procedures use a results-oriented approach and other expedited actions in order to minimize response time and exposure hazards. (Sec. 802) Limits new NPL listings to 30 sites per year for the next three years. Requires prioritization of and State concurrence with such sites. States that the Administrator's authority to add sites to the NPL expires in three years. (Sec. 804) Amends the Solid Waste Disposal Act to exempt remediation waste from specified regulations, including those that bar storage and land disposal of untreated hazardous waste. Title IX: Funding - Amends CERCLA to authorize appropriations from the Fund of $8.5 billion for FY 1996 through 2000. (Sec. 902) Allows payment of orphan shares as a use of the Fund. (Sec. 903) Authorizes funds for Agency for Toxic Substances and Disease Registry activities. (Sec. 904) Sets limitations for FY 1996 through 2000 of $20 million per year for alternative or innovative technologies research, development, and demonstration programs and training, $20 million for hazardous substance research, and $5 million for university research centers. (Sec. 905) Authorizes appropriations to the Fund through FY 2000. (Sec. 906) Sets limits on funding of qualifying State voluntary response programs, brownfield cleanup assistance, and community response organizations. Specifies that collected recoveries will be credited as offsetting collections. (Sec. 907) Allows use of the Fund to reimburse potentially responsible parties following the results of an audit showing costs are unallowable or should be adjusted.
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. 1291 (104th)referred
United States · United States Congress · 29 September 1995
Amends the Internal Revenue Code to revise provisions determining the effectively connected net investment income of foreign companies carrying on insurance business in the United States. Requires such companies to recompute their effectively connected net investment income for taxable years beginning after December 31, 1987. Provides for increases (or decreases, as appropriate) in such income where the recomputed amount exceeds (or is less than) the income for the recomputed year. Requires payment (or receipt) of interest on the underpayment (or overpayment) of adjusted amounts.
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. 2451 (104th)referred
United States · United States Congress · 29 September 1995
Amends the Internal Revenue Code to exempt meals provided at fish processing facilities located in Alaska north of 53 degrees north latitude from the limitation on the deduction for meals.
Bill· HRH.R. 2435 (104th)referred
United States · United States Congress · 29 September 1995
Self-Employed Health Fairness Act of 1995 - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals from 30 to 100 percent.
Bill· HRH.R. 2431 (104th)referred
United States · United States Congress · 29 September 1995
IRA Self-Loan Act - Amends the Internal Revenue Code to allow loans to be made or secured by an individual retirement account for first-time homebuyer expenses, education expenses, or medical emergency expenses. Limits such a loan amount to $50,000. Exempts such loans from the tax on prohibited transactions.
Bill· HRH.R. 2450 (104th)referred
United States · United States Congress · 29 September 1995
Amends the Internal Revenue Code to place the burden of proof on the taxpayer in the case of any administrative proceeding and on the Secretary in the case of any court proceeding. Requires a 30-day notice before lien. Prohibits the Secretary from collecting any tax (or other sum) by levy without judicial consent. Requires a 30-day notice before seizure. Increases the limit on the recovery of civil damages for certain unauthorized collection actions to $1 million and excludes such damages from gross income.
Bill· HRH.R. 2434 (104th)referred
United States · United States Congress · 29 September 1995
Amends the Internal Revenue Code to provide for a deduction for lobbying expenses in the case of any State legislature.
Resolution· HRESH.Res. 235 (104th)passed
United States · United States Congress · 29 September 1995
Waives points of order against consideration of the conference report on H.R. 1976 (Agriculture, Rural Development, Food and Drug Administration, and related agencies programs appropriations).
Resolution· HRESH.Res. 234 (104th)passed
United States · United States Congress · 29 September 1995
Sets forth the open rule for the consideration of H.R. 2405 (Federal civilian science activities authorization).
Bill· SS. 1280 (104th)referred
United States · United States Congress · 28 September 1995
Capital Formation and Jobs Creation Act of 1995 - Amends the Internal Revenue Code to allow a 50 percent income tax deduction for the net capital gain of both corporate and noncorporate taxpayers. Requires indexing, based on the gross domestic product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Allows an itemized deduction for losses arising from the sale or exchange of a principal residence.
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. 2423 (104th)referred
United States · United States Congress · 28 September 1995
Amends the Internal Revenue Code to permit an executor to exclude from the value of the gross estate an amount equal to the value of the qualified real property of the decedent which is maintained in accordance with habitat conservation concerns, if the executor files a habitat conservation agreement. Provides for recapture if: (1) an owner dispenses of any interest in the property; or (2) there is a material breach or termination by an owner of any agreement with respect to such property. Permits a disposition by an owner, without recapture, if the owner (or his estate) and the transferee of the property enter into a written agreement under which the transferee agrees to: (1) assume the obligations imposed on the owner under the agreement; (2) assume liability for any tax imposed with respect to any future transfers or breaches; and (3) notify the Secretary of the Interior or of Commerce that the transferee has assumed the obligations and liabilities. Allows a tax credit in an amount equal to the applicable conservation expense amount. Limits such credit allowed to a maximum of $1,500. Provides for the carryforward of unused credit. Provides for exclusion from gross income of the amount of any grant which is: (1) made to the taxpayer for the purpose of paying qualified conservation expenses with respect to real property owned by the taxpayer; and (2) used by the taxpayer to pay such expenses.
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. 2405 (104th)referred
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: National Science Foundation Subtitle A: National Science Foundation Authorization Subtitle B: General Provisions Title II: National Aeronautics and Space Administration Subtitle A: General Provisions Subtitle B: Authorization of Appropriations Subtitle C: Miscellaneous Provisions Title III: Department of Energy Title IV: National Oceanic and Atmospheric Administration Subtitle A: Atmospheric, Weather, and Satellite Programs Subtitle B: Marine Research Subtitle C: Program Support Subtitle D: Streamlining of Operations Subtitle E: Miscellaneous Title V: Environmental Protection Agency Title VI: Technology Subtitle A: Technology Administration Title VII: United States Fire Administration Omnibus Civilian Science Authorization Act of 1995 - Title I: National Science Foundation - National Science Foundation Authorization Act of 1995 - Subtitle A: National Science Foundation Authorization - Authorizes appropriations to the National Science Foundation (NSF) for FY 1996 and 1997. (Sec. 114) Provides for reprogramming of appropriations. (Sec. 115) States that nothing in this title shall preclude additional FY 1996 authorization of appropriations for NSF. Subtitle B: General Provisions - Amends the National Science Foundation Act of 1950 to direct NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures. (Sec. 122) Requires NSF to submit to the Congress an annual upgrade and maintenance plan for national research facilities. (Sec. 123) Amends the Academic Research Facilities Modernization Act of 1988 to give research facility grant priority to institutions or consortia that have not received such funds in the preceding five years. (Sec. 124) Makes administrative amendments to the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, the National Science Foundation Authorization Act of 1988, and the Education for Economic Security Act. (Sec. 126) Requires certain research instrumentation and facilities guidelines to be incorporated into NSF grant notices. (Sec. 127) Subjects NSF temporary employees to the same financial disclosure requirements as apply to permanent employees. (Sec. 128) Requires an institution of higher education receiving NSF funds to grant a military-educational leave of absence to a student on active military duty (other than training). (Sec. 129) Prohibits the use of any funds authorized under this title from being used for any lobbying activity. (Sec. 130) Renames the Critical Technologies Institute as the Science Studies Institute. (Sec. 131) Requires NSF to consider the impact of a grant on undergraduate and graduate education before its award. (Sec. 132) Authorizes the Director of NSF to appoint up to six Assistant Directors. (Sec. 134) Excludes from NSF awards for five years any person who received project funds not subject to competitive merit-based awards. (Exempts persons who are members of a law-specified class.) Title II: National Aeronautics and Space Administration - Subtitle A: General Provisions - National Aeronautics and Space Administration Authorization Act, Fiscal Year 1996 - Sets forth definitions for purposes of this title. Subtitle B: Authorization of Appropriations - Chapter 1: Authorizations - Authorizes appropriations for the National Aeronautics and Space Administration (NASA) for: (1) human space flight; (2) science, aeronautics, and technology, including facilities construction; (3) mission support; and (4) the Inspector General. (Sec. 215) Limits the total NASA FY 1996 authorization of appropriations. (Sec. 216) Authorizes additional FY 1996 NASA appropriations for Mission to Planet Earth, subject to certain obligations and expenditure requirements. Chapter 2: Restructuring the National Aeronautics and Space Administration - Directs the Administrator of NASA to contract for an asset-based review of NASA. Prohibits closure of any NASA field centers prior to such review. Chapter 3: Limitations and Special Authority - Sets forth funds uses, limitations, and special authorities, including limitations on transfers to Russia. Subtitle C: Miscellaneous Provisions - Amends Federal law to include reentry vehicles and related launch operations within the scope of commercial space launch activities. (Sec. 242) Authorizes appropriations for the Office of Air and Space Commercialization. (Sec. 243) Requires independent cost analysis of specified NASA projects. (Sec. 244) Authorizes the Administrator to delay for up to five years unrestricted public disclosure of technical data developed by joint NASA-private sector research under specified conditions. (Sec. 245) Directs the Administrator to: (1) establish within the Office of Space Access and Technology a procurement demonstration program; and (2) coordinate a technology procurement initiative. (Sec. 246) Requires the Administrator to determine, prior to new facility construction or lease, that no existing NASA or other Federal facility is appropriate for the intended use. (Sec. 247) Directs NASA to purchase space science data from the private sector. (Sec. 248) Directs the Administrator to: (1) transmit to the Congress a report on Mission to Planet Earth; and (2) request proposals for a single prime contractor for the space shuttle program. (Sec. 251) Amends the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 to make the launch voucher demonstration program permanent. (Sec. 252) Directs the Administrator to provide for the privatization of NASA microgravity parabolic flight operations. (Sec. 253) Prohibits, with exceptions, NASA financial assistance to a person who received nonmerit-based Federal funding. (Sec. 254) Prohibits the use of funds authorized by this title for lobbying activities. (Sec. 256) Amends the Unitary Wind Tunnel Plan Act of 1949 to include hypersonic activities. Title III: Department of Energy - Department of Energy Civilian Research and Development Act of 1995 - Authorizes FY 1996 appropriations for Department of Energy: (1) energy supply research and development activities; (2) general science and research activities; (3) fossil energy research and development activities; and (4) energy conservation research and development activities. (Sec. 304) Sets forth funding limitations. (Sec. 306) Establishes requirements for: (1) funding assistance merit review; and (2) capital project and construction reporting. (Sec. 309) Directs the Secretary of Energy to enter into negotiations with the European Organization for Nuclear Research concerning U.S. participation in the planning and construction of the Large Hadron Collider. (Sec. 310) Prohibits any funds authorized by this title from being used for lobbying activities. (Sec. 311) Excludes from Department of Energy financial assistance for five years any person (subject to exception) who received Federal funds for a project that was not subjected to a competitive, merit-based award process. Title IV: National Oceanic and Atmospheric Administration - National Oceanic and Atmospheric Administration Authorization Act of 1995 - Subtitle A: Atmospheric, Weather, and Satellite Programs - Authorizes appropriations for the National Oceanic and Atmospheric Administration (NOAA) for: (1) National Weather Service (NWS) operations and research and public warning and forecast; (2) construction, repair, and modification regarding new and existing weather forecast offices; (3) climate and air quality research; (4) atmospheric research; (5) the Global Learning and Observations to Benefit the Environment (GLOBE) program; (6) satellite observing systems; (7) environmental data and information services. Repeals provisions of the Weather Service Modernization Act relating to: (1) restructuring of Weather Service field offices; (2) a Weather Service Modernization Transition Committee; and (3) a requirement, in developing a National Implementation Plan, to consult with that Committee and with public entities responsible for providing or using weather services. Subtitle B: Marine Research - Authorizes appropriations for NOAA for: (1) mapping and charting; (2) geodesy; (3) observation and prediction; (4) the Circulatory Survey Program; (5) ocean and earth science; (6) estuarine and coastal assessment; (7) the National Status and Trends Program, the Strategic Environmental Assessment Program, and the Hazardous Materials Response Program; (8) the Damage Assessment Program; and (9) the Coastal Ocean Program. (Sec. 422) Authorizes appropriations for NOAA for marine prediction research. Amends the National Sea Grant College Program Act to authorize appropriations to carry out provisions relating to: (1) program or project grants and contracts; (2) fellowships; and (3) administration of the National Sea Grant College Program. Revises the definition of "field related to ocean, coastal, and Great Lakes resources." (Sec. 423) Declares that it is the sense of the Congress that NOAA should expand its efforts to develop interagency agreements to further the use of defense-related technologies, data, and other resources to support its oceanic missions. Mandates a report to specified congressional committees on the feasibility of expanding the use of those resources for such purposes. Subtitle C: Program Support - Authorizes appropriations for NOAA for: (1) executive direction and administrative activities; (2) central administrative support; and (3) retired pay. Authorizes contracts for data or days-at-sea to fulfill NOAA missions of marine research, climate research, fisheries research, and mapping and charting services. Authorizes appropriations for NOAA for: (1) marine services; (2) aircraft services; and (3) facilities repairs and renovations. Subtitle D: Streamlining of Operations - Prohibits appropriating funds for 19 specified programs, centers, and activities, including: (1) the National Undersea Research Program; (2) the Fleet Modernization, Shipbuilding, and Construction Account; and (3) Regional Climate Centers. Mandates a report to specified congressional committees certifying that, by a specified date, all 19 will be terminated. Repeals provisions of: (1) the National Sea Grant College Program Act relating to marine policy fellowships; and (2) the Sea Grant Program Improvement Act of 1976 relating to the sea grant international program. Repeals the NOAA Fleet Modernization Act. (Sec. 442) Declares that, unless specifically authorized by Act of Congress, no funds are authorized to be appropriated for any fiscal year after FY 1996 for carrying out programs, projects, and activities for which funds are authorized by this Act. Limits the total dollar amounts: (1) authorized to be appropriated for FY 1996 by this or any other Act for NOAA for all activities associated with operations, research, and facilities; and (2) authorized to be used for NOAA travel and related expenses. (Sec. 443) Limits the number of commissioned officers on the active list of NOAA and decreases that limit in succeeding fiscal years, reaching zero after FY 1998. Authorizes related separations without separation pay. Subtitle E: Miscellaneous - Makes it unlawful for any unauthorized person to remove, move, damage, or interfere with any National Data Buoy Center weather data buoy. Provides for civil monetary penalties and rewards. (Sec. 452) Makes the Secretary of Commerce, through the NWS, responsible for: (1) forecasts, serving as the sole official source of weather warnings; (2) issuance of storm warnings; (3) collection, exchange, and distribution of meteorological, hydrological, climatic, and oceanographic data and information; and (4) preparation of hydrometeorological guidance and core forecast information. Prohibits the NWS from competing (or assisting other entities in competing) with the private sector when a service is or can be provided by commercial enterprise unless the private sector is unwilling or unable to provide the service and the service provides vital weather warnings and forecasts for the protection of lives and property of the general public. Removes existing provisions relating to the duties of the Secretary regarding weather forecasting. Modifies provisions relating to NWS appropriations and estimates. Mandates a report to specified congressional committees detailing all NWS activities not conforming to this paragraph and outlining a timetable for their termination. (Sec. 453) Provides for the disposition of all amounts received relating to the allision of the vessel Zachery into the NOAA vessel Discoverer. (Sec. 454) Excludes from consideration for NOAA financial assistance any person who received funds appropriated from any Federal funding source for a project that was not subjected to a competitive, merit-based award process. Makes this exclusion effective for a specified period after the person received the funds. Exempts from the exclusion members of a class specified by law for which assistance is awarded according to a formula provided by law. (Sec. 455) Prohibits funds authorized by this Act from being available for any activity whose purpose is to influence legislation before the Congress. (Sec. 456) Mandates a review and report to specified congressional committees on NOAA laboratories. Title V: Environmental Protection Agency - Environmental Research, Development, and Demonstration Authorization Act of 1995 - Authorizes appropriations to the Administrator of the Environmental Protection Agency (EPA) for FY 1996 for the Office of Research and Development for specified environmental research, development, and demonstration activities. Specifies that no funds are authorized to be appropriated for: (1) the Environmental Technology Initiative, the Climate Change Action Plan, or indoor air pollution research; (2) carrying out programs and activities after FY 1996; or (3) carrying out activities in FY 1996 for which sums are not specifically authorized to be appropriated by this title. (Sec. 504) Directs the Administrator to assign to the Assistant Administrator for Research and Development the duties of: (1) developing a strategic plan for scientific and technical research activities throughout EPA; (2) integrating that strategic plan into ongoing EPA planning activities; and (3) reviewing all EPA research to ensure the research is of high quality and does not duplicate any other research being conducted by EPA. Directs the Assistant Administrator to report annually to the Administrator and specified congressional committees on EPA research that is duplicative or not of sufficiently high quality. (Sec. 505) Prohibits the use of funds authorized by this title for lobbying activities. (Sec. 506) Requires the Administrator to exclude from consideration for awards of financial assistance made by the Office after FY 1995 persons who received funds appropriated for a fiscal year after FY 1995 from any Federal funding source for a project that was not subjected to a competitive, merit-based award process. Makes the exclusion effective for a five-year period after the person receives such funds. Exempts awards to persons who are members of a class specified by law for which assistance is awarded according to a prescribed formula. (Sec. 507) Requires the Administrator to ensure that any graduate fellowship award to a student selected after the enactment of this Act is used only to support research that would further missions of the Office in fields in which there exists or is projected to exist a shortage in the number of scientists. Title VI: Technology - Subtitle A: Technology Administration - American Technology Advancement Act of 1995 - Authorizes appropriations to the Secretary of Commerce for: (1) the Office of the Under Secretary for Technology - Office of Technology Policy; and (2) the National Institute of Standards and Technology (NIST). (Sec. 603) Amends the National Institute of Standards and Technology Act to: (1) increase National Institute of Standards and Technology Visiting Committee membership from nine members to 15 members; (2) authorize certain transportation services; and (3) increase the size of the postdoctoral program. (Sec. 604) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to: (1) eliminate the Secretary of Commerce's authority to expand the Malcolm Baldrige National Quality Award categories; and (2) increase the maximum number of annual subcategory awards from two to four. (Sec. 605) Extends indefinitely a specified personnel management demonstration project under the National Bureau of Standards Authorization Act for Fiscal Year 1987. (Sec. 606) Amends the Fastener Quality Act with regard to heat mill certification, commingling, and minor nonconformance. (Sec. 607) Prohibits funds authorized by this title from being used for lobbying activities. (Sec. 608) Specifies that: (1) this title is the only authorization for all FY 1996 activities under this title; and (2) no funds are authorized for activities under this title after FY 1996 unless they are specifically authorized by Act of Congress with respect to such fiscal year. (Sec. 609) Makes a person who received a Federal noncompetitive nonmerit award after FY 1995 ineligible for financial assistance from the Under Secretary for Technology - Office of Technology Policy or NIST. (Exempts certain class-based awards.) (Sec. 610) Requires NIST to report to the Congress regarding conformity assessment implementation. (Sec. 611) States that this Act shall not preclude further authorization of appropriations for the Manufacturing Extension Partnerships program. Title VII: United States Fire Administration - Fire Administration Authorization Act of 1995 - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1996 and 1997. (Sec. 703) Prohibits Federal funds for Department of the Army housing unless it is protected by hard-wired smoke detectors by the earlier of the date of occupancy by the first Federal employees who were not occupants as of October 25, 1992, or October 25, 1998. (Sec. 704) Permits successor fire safety standards to be used as guidelines in addition to National Fire Protection Association (NFPA) Standard 74, NFPA Standard 13 or 13-R, or NFPA Standard 101 (Life Safety Code) for installation of hard-wired, single-station smoke detectors or automatic sprinkler systems in: (1) places of public accommodation affecting commerce; and (2) federally-assisted buildings. (Sec. 705) Requires the Administrator of the U.S. Fire Administration to report to the Congress: (1) at least 60 days in advance of the termination or transfer to a private sector entity of any significant function of the Administration; and (2) on the manner in which the Administration intends to implement the budgetary reduction represented by the difference between the amount appropriated to it for FY 1996 and the amount requested in the President's FY 1996 budget request.
Bill· HRH.R. 2411 (104th)referred
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: Grants to Encourage Establishment of Community Rural Health Networks Title II: Incentives for Health Professionals to Practice in Rural Areas Subtitle A: National Health Service Corps Program Subtitle B: Incentives Under Other Programs Title III: Assistance for Institutional Providers Subtitle A: Hospital-Affiliated Primary Care Centers Subtitle B: Assistance to Rural Providers Under Medicare Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education Title IV: Medicare Payment Methodologies Title V: Hospital Antitrust Fairness Title VI: Financing Rural Health Development Act - Title I: Grants to Encourage Establishment of Community Rural Health Networks - Mandates grants to a State to develop plans to increase health care access for residents of chronically underserved areas. Authorizes appropriations. (Sec. 102) Requires that funds be made available for technical assistance for certain entities seeking to establish or enhance a community rural health network in an underserved rural area. Authorizes appropriations. (Sec. 103) Mandates financial assistance for developing and implementing community rural health networks. Authorizes appropriations. Title II: Incentives for Health Professionals to Practice in Rural Areas - Subtitle A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. (Sec. 202) Mandates a study regarding possible modifications to the statutory and administrative criteria for the designation of health professional shortage areas. (Sec. 203) Amends the Public Health Service Act to modify priorities in assigning National Health Service Corp members. Requires that certain funds be reserved to ensure that a certain number of participants in the National Health Service Corps Scholarship Program are being educated as nurses. Subtitle B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act to mandate an incentive payment of 20 (currently, 10) percent for physician primary care services (currently, for physician services) in a health professional shortage area. Continues the incentive payments in an area for three years after withdrawal of the health professional shortage area designation. Mandates a study of the effectiveness of additional payments in recruiting and retaining physicians to provide services in such areas. (Sec. 212) Requires publication of a model State law to increase individuals' health care access in underserved rural areas by expanding the services which non-physician health care professionals may provide in such areas. Title III: Assistance for Institutional Providers - Subtitle A: Hospital-Affiliated Primary Care Centers - Amends the Public Health Service Act to require that certain funds be reserved for the establishment and operation of hospital-affiliated primary care centers. Subtitle B: Assistance to Rural Providers Under Medicare - Amends Medicare provisions to include rural emergency access care hospitals (REACHs) in the definition of "hospital" for purposes of provisions relating to examination and treatment for emergency medical conditions and women in labor. (Sec. 312) Adds inpatient REACH services to the scope of benefits under Medicare part A (Hospital Insurance). Applies existing deductible and coinsurance requirements to such services. Regulates the amount of payments for inpatient rural primary care hospital services. Adds references to REACHs to the definition of "spell of illness." Includes REACHs in the scope of Medicare part B (Supplementary Medical Insurance). Authorizes benefit payments. Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Mandates a demonstration project (to increase the number and percentage of medical students entering primary care practice) involving payments to not more than ten States and not more than ten health care training consortia. Requires corresponding reductions in payments (under specified Medicare provisions) to recipient States and hospitals for direct graduate medical education (GME) costs. Authorizes planning and evaluation grants to participating States and consortia. Authorizes appropriations for the grants. Title IV: Medicare Payment Methodologies - Mandates development of a methodology for making payments under Medicare part B (Supplementary Medical Insurance) for telemedicine services furnished on an emergency basis in a health professional shortage area. Amends Medicare provisions relating to payments to health maintenance organizations (HMOs) and competitive medical plans to modify the definition of "adjusted average per capita cost" to require that amounts be determined for all of the United States rather than for various geographic areas. Title V: Hospital Antitrust Fairness - Makes antitrust laws inapplicable to hospital mergers or contracts between hospitals to allocate services if each of the hospitals: (1) is outside of a city, or in a city with less than 150,000 inhabitants; (2) received more than 40 percent of its gross revenue from payments under Federal programs; and (3) the Health Care Financing Administration (HCFA) has issued a certificate specifying that HCFA has determined that the merger or contract would reduce Federal expenditures, not increase consumer costs, and not reduce access to health care services. Title VI: Financing - Amends the Internal Revenue Code to impose a tax on Medicare-covered individuals with modified adjusted gross incomes above specified amounts. (Sec. 602) Declares that, notwithstanding any other provision of law, no funds are authorized to be appropriated to carry out these programs for FY 1996 or any subsequent fiscal year: (1) the grant program for rural health transition under specified provisions of the Omnibus Budget Reconciliation Act of 1987; (2) the program for rural outreach grants and the telemedicine grant program that were, for FY 1995, carried out by the Health Resources and Services Administration with funds under a specified Federal law; (3) the program under specified Public Health Service Act provisions relating to State offices of rural health; and (4) the programs under specified parts of title XII (Trauma Care) of the Public Health Service Act.
Law· HRH.R. 2399 (104th)enacted
United States · United States Congress · 27 September 1995
Truth in Lending Act Amendments of 1995 - Amends the Truth in Lending Act (TILA) to exclude from the determination of finance charge for any consumer credit transaction fees imposed by third party closing agents, including settlement agents, attorneys, escrow and title companies, that are neither required nor retained by the creditor (thereby exempting such fees from TILA disclosure requirements). Modifies the determination of finance charge to include borrower-paid mortgage broker fees. Exempts from the required computation of finance charge: (1) certain taxes on security instruments or evidences of indebtedness if they are a prerequisite for recordation; (2) fees for loan document preparation; and (3) appraisal fees related to pest infestations and flood hazard inspections. Instructs the Board of Governors of the Federal Reserve System to report to the Congress on statutory or regulatory changes necessary to: (1) ensure that finance charges more accurately reflect the cost of credit; and (2) address abusive refinancing practices intended to avoid rescission. (Sec.3) Permits finance charge disclosures to vary within specified accuracy tolerance limits for certain consumer credit transactions secured by real property or a dwelling. Sets disclosure accuracy guidelines for per diem interest rate disclosures on consumer credit transactions. (Sec. 4) Shields a creditor or assignee, except in certain kinds of actions, from liability in connection with disclosures of: (1) certain fees, taxes, and charges; and (2) finance charges that fall within certain statutory tolerance limits. (Sec. 5) Restricts rescission liability arising from the form of written notice used by the creditor. (Sec. 6) Provides for damages ranging from $200 to $2,000 for an individual consumer credit transaction not under an open end credit plan that is secured by real property or a dwelling. (Sec. 7) Modifies assignee liability guidelines to: (1) apply them to consumer credit transactions secured by real property; and (2) provide that a violation is apparent on the face of the disclosure statement if the disclosure does not use the format required by law. States that the servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of an obligation unless the servicer owns it. (Sec. 8) Identifies circumstances under which a consumer has a right to rescind a consumer credit transaction after the initiation of any judicial or nonjudicial foreclosure process on the consumer's primary dwelling securing the debt.
Law· HRH.R. 2404 (104th)enacted
United States · United States Congress · 27 September 1995
Amends the Middle East Peace Facilitation Act of 1994, as contained in the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, and as amended by other Federal law, to extend, from October 1, 1995, through November 1, 1995, the President's authority to suspend specified prohibitions against foreign and United Nations assistance to the Palestine Liberation Organization (PLO), the receipt or expenditure of PLO funds, and PLO membership in the International Monetary Fund, upon certification to specified congressional committees that: (1) such waiver is in the national interest; and (2) the PLO continues to abide by commitments made in letters to Israel and the Foreign Minister of Norway and under the Declaration of Principles signed in September 1993.
Law· HJRESH.J.Res. 108 (104th)enacted
United States · United States Congress · 27 September 1995
Makes continuing appropriations for FY 1996 for continuing projects and activities, including the costs of direct loans and loan guarantees, conducted in 1995 and for which appropriations or other authority would have been available in the following Acts: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1966; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996; (3) the Department of Defense Appropriations Act, 1996; (4) the District of Columbia Appropriations Act, 1996; (5) the Energy and Water Development Appropriations Act, 1996; (6) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996; (7) the Department of the Interior and Related Agencies Appropriations Act, 1996; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996; (9) the Legislative Branch Appropriations Act, 1996; (10) the Military Construction Appropriations Act, 1996; (11) the Department of Transportation Appropriations Act, 1996; (12) the Treasury, Postal Service, and General Government Appropriations Act, 1996; and (13) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996. Sets the rates of such funding. Sets forth limitations on the use of such funds. (Sec. 112) Requires that whenever the rate for operations for any continuing project or activity provided for which there is a budget request would result in a furlough of Government employees, that rate for operations may be increased to a level that would enable the furlough to be avoided. (Sec. 113) Requires, with exceptions, that for those programs that had high initial rates of operation or complete distribution of funding at the beginning of FY 1995 because of distributions of funding to States, foreign countries, grantees, or others, similar distributions of funds for FY 1996 shall not be made and no grants shall be awarded for such programs funded by this resolution that would impinge on final funding prerogatives. (Sec. 115) Requires that the rate of operations for any continuing project or activity that have not been increased shall be reduced by five percent but shall not be reduced below the minimum level defined or below the level that would result in a furlough. (Sec. 116) Provides that section 132 of the District of Columbia Appropriations Act of 1988 (which provides that amounts appropriated for the Federal Payment to the District of Columbia shall not be subject to apportionment) shall not apply for this joint resolution. Provides for including in the apportionment for the Federal Payment to the District of Columbia an additional $217 million. (Sec. 117) Requires that the authority and conditions for the application of appropriations of the Office of Technology Assessment, as contained in House Report 104-212, shall be followed when applying the funding made available by this joint resolution. (Sec. 120) Requires the Securities and Exchange Commission's Salaries and Expenses account to include, in addition to direct appropriations, the amount it collects under the fee rate and offsetting collection authority. (Sec. 121) Requires that funding be made available for the necessary expenses of the Bureau of Mines for: (1) continuing limited health and safety and related research, materials partnerships, and minerals information activities; (2) mineral assessments in Alaska; and (3) terminating all other activities of the Bureau of Mines. (Sec. 122) Requires, with certain exceptions, that funds for the Environmental Protection Agency shall be made available in the appropriation accounts which are provided in H.R. 2099 as reported on September 13, 1995.
Resolution· HRESH.Res. 230 (104th)passed
United States · United States Congress · 27 September 1995
Sets forth the closed rule for the consideration of H.J. Res. 108 (continuing appropriations).